Northern Route Approval Act - (Sec. 1) Declares that a presidential permit shall not be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, including the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor.
(Sec. 3) Deems the final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with such Final Evaluation Report, to satisfy all requirements of the National Environmental Policy Act of 1969 and of the National Historic Preservation Act.
(Sec. 4) Grants original and exclusive jurisdiction to the U.S. Court of Appeals for the District of Columbia Circuit to determine specified issues (except for review by the Supreme Court on writ of certiorari).
(Sec. 5) Deems the Secretary of the Interior to have issued a written statement setting forth the Secretary's opinion that the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat.
States that any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline shall not be considered a prohibited taking of such species under the Endangered Species Act of 1973.
(Sec. 6) Deems the Secretary to have issued a grant of right-of-way and temporary use permit pursuant to the Mineral Leasing Act and the Federal Land Policy and Management Act of 1976.
(Sec. 7) Requires the Secretary of the Army, within 90 days after receipt of an application, to issue certain permits under the Federal Water Pollution Control Act and the Rivers and Harbors Appropriations Act of 1899 which are necessary for pipeline construction, operation, and maintenance described in the May 4, 2012, application, as supplemented by the Nebraska reroute. Deems such a permit issued on the 91st day if the Secretary has not issued them within 90 days after receipt of a permit application.
Authorizes such Secretary to waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this Act.
Prohibits the Administrator of the Environmental Protection Agency (EPA) from prohibiting or restricting an activity or use of an area authorized under this Act.
(Sec. 8) Deems the Secretary to have issued a special purpose permit under the Migratory Bird Treaty Act, as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013.
(Sec. 9) Requires a pipeline owner or operator required under federal law to develop an oil spill response plan for the Keystone XL pipeline to make such plan available to the governor of each state in which the pipeline operates. Requires a plan update to be submitted to the governor within seven days after it is made.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3
To approve the construction, operation, and maintenance of the Keystone
XL pipeline, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 15, 2013
Mr. Terry (for himself, Mr. Matheson, Mr. Upton, Mr. Barrow of Georgia,
Mr. Whitfield, Mr. Bachus, Mr. Barton, Mr. Bilirakis, Mr. Bishop of
Utah, Mrs. Blackburn, Mr. Bonner, Mr. Boustany, Mr. Bridenstine, Mr.
Broun of Georgia, Mr. Bucshon, Mr. Brooks of Alabama, Mr. Burgess, Mrs.
Capito, Mr. Carter, Mr. Cassidy, Mr. Chabot, Mr. Coble, Mr. Conaway,
Mr. Cramer, Mr. Crawford, Mr. Culberson, Mr. Daines, Mr. Rodney Davis
of Illinois, Mr. Duncan of South Carolina, Mrs. Ellmers, Mr. Fincher,
Mr. Flores, Mr. Franks of Arizona, Mr. Gohmert, Mr. Gardner, Mr.
Gingrey of Georgia, Ms. Granger, Mr. Graves of Missouri, Mr. Griffin of
Arkansas, Mr. Griffith of Virginia, Mr. Guthrie, Mr. Harper, Mr.
Harris, Mr. Huelskamp, Mr. Huizenga of Michigan, Mr. Hunter, Mr.
Johnson of Ohio, Mr. Kinzinger of Illinois, Mr. Lance, Mr. Latta, Mr.
Long, Mr. Luetkemeyer, Mrs. Lummis, Mr. Marchant, Mr. McCaul, Mr.
McHenry, Mr. McKinley, Mr. Meehan, Mr. Murphy of Pennsylvania, Mr.
Mullin, Mr. Mulvaney, Mrs. Noem, Mr. Nunes, Mr. Olson, Mr. Pearce, Mr.
Pitts, Mr. Poe of Texas, Mr. Ribble, Mrs. McMorris Rodgers, Mr. Rogers
of Michigan, Mr. Scalise, Mr. Shimkus, Mr. Shuster, Mr. Stivers, Mr.
Thompson of Pennsylvania, Mr. Walden, Mrs. Walorski, Mr. Weber of
Texas, Mr. Westmoreland, Mr. Womack, Mr. Young of Florida, Mr. Coffman,
Mr. Bentivolio, and Ms. Foxx) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committees on Energy and Commerce and Natural
Resources, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To approve the construction, operation, and maintenance of the Keystone
XL pipeline, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Route Approval Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) To maintain our Nation's competitive edge and ensure an
economy built to last, the United States must have fast,
reliable, resilient, and environmentally sound means of moving
energy. In a global economy, we will compete for the world's
investments based in significant part on the quality of our
infrastructure. Investing in the Nation's infrastructure
provides immediate and long-term economic benefits for local
communities and the Nation as a whole.
(2) The delivery of oil from Canada, a close ally not only
in proximity but in shared values and ideals, to domestic
markets is in the national interest because of the need to
lessen dependence upon insecure foreign sources.
(3) The Keystone XL pipeline would provide both short-term
and long-term employment opportunities and related labor income
benefits, such as government revenues associated with taxes.
(4) The State of Nebraska has thoroughly reviewed and
approved the proposed Keystone XL pipeline reroute, concluding
that the concerns of Nebraskans have had a major influence on
the pipeline reroute and that the reroute will have minimal
environmental impacts.
(5) The Department of State and other Federal agencies have
over a long period of time conducted extensive studies and
analysis of the technical aspects and of the environmental,
social, and economic impacts of the proposed Keystone XL
pipeline.
(6) The transportation of oil via pipeline is the safest
and most economically and environmentally effective means of
doing so.
(7) The Keystone XL is in much the same position today as
the Alaska Pipeline in 1973 prior to congressional action. Once
again, the Federal regulatory process remains an insurmountable
obstacle to a project that is likely to reduce oil imports from
insecure foreign sources.
SEC. 3. KEYSTONE XL PERMIT APPROVAL.
Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note),
Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3,
United States Code, and any other Executive order or provision of law,
no Presidential permit shall be required for the pipeline described in
the application filed on May 4, 2012, by TransCanada Keystone Pipeline,
L.P. to the Department of State for the Keystone XL pipeline, as
supplemented to include the Nebraska reroute evaluated in the Final
Evaluation Report issued by the Nebraska Department of Environmental
Quality in January 2013 and approved by the Nebraska governor. The
final environmental impact statement issued by the Secretary of State
on August 26, 2011, coupled with the Final Evaluation Report described
in the previous sentence, shall be considered to satisfy all
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
SEC. 4. JUDICIAL REVIEW.
(a) Exclusive Jurisdiction.--Except for review by the Supreme Court
on writ of certiorari, the United States Court of Appeals for the
District of Columbia Circuit shall have original and exclusive
jurisdiction to determine--
(1) the validity of any final order or action (including a
failure to act) of any Federal agency or officer with respect
to issuance of a permit relating to the construction or
maintenance of the Keystone XL pipeline, including any final
order or action deemed to be taken, made, granted, or issued;
(2) the constitutionality of any provision of this Act, or
any decision or action taken, made, granted, or issued, or
deemed to be taken, made, granted, or issued under this Act; or
(3) the adequacy of any environmental impact statement
prepared under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), or of any analysis under any other
Act, with respect to any action taken, made, granted, or
issued, or deemed to be taken, made, granted, or issued under
this Act.
(b) Deadline for Filing Claim.--A claim arising under this Act may
be brought not later than 60 days after the date of the decision or
action giving rise to the claim.
(c) Expedited Consideration.--The United States Court of Appeals
for the District of Columbia Circuit shall set any action brought under
subsection (a) for expedited consideration, taking into account the
national interest of enhancing national energy security by providing
access to the significant oil reserves in Canada that are needed to
meet the demand for oil.
SEC. 5. AMERICAN BURYING BEETLE.
(a) Findings.--The Congress finds that--
(1) environmental reviews performed for the Keystone XL
pipeline project satisfy the requirements of section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) in its
entirety; and
(2) for purposes of that Act, the Keystone XL pipeline
project will not jeopardize the continued existence of the
American burying beetle or destroy or adversely modify American
burying beetle critical habitat.
(b) Biological Opinion.--The Secretary of the Interior is deemed to
have issued a written statement setting forth the Secretary's opinion
containing such findings under section 7(b)(1)(A) of the Endangered
Species Act of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the
American burying beetle that is incidental to the construction or
operation and maintenance of the Keystone XL pipeline as it may be
ultimately defined in its entirety, shall not be considered a
prohibited taking of such species under such Act.
SEC. 6. RIGHT-OF-WAY AND TEMPORARY USE PERMIT.
The Secretary of the Interior is deemed to have granted or issued a
grant of right-of-way and temporary use permit under section 28 of the
Mineral Leasing Act (30 U.S.C. 185) and the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the
application tendered to the Bureau of Land Management for the Keystone
XL pipeline.
SEC. 7. PERMITS FOR ACTIVITIES IN NAVIGABLE WATERS.
(a) Issuance of Permits.--The Secretary of the Army, not later than
90 days after receipt of an application therefor, shall issue all
permits under section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344) and section 10 of the Act of March 3, 1899 (33 U.S.C.
403; commonly known as the Rivers and Harbors Appropriations Act of
1899), necessary for the construction, operation, and maintenance of
the pipeline described in the May 4, 2012, application referred to in
section 3, as supplemented by the Nebraska reroute. The application
shall be based on the administrative record for the pipeline as of the
date of enactment of this Act, which shall be considered complete.
(b) Waiver of Procedural Requirements.--The Secretary may waive any
procedural requirement of law or regulation that the Secretary
considers desirable to waive in order to accomplish the purposes of
this section.
(c) Issuance in Absence of Action by the Secretary.--If the
Secretary has not issued a permit described in subsection (a) on or
before the last day of the 90-day period referred to in subsection (a),
the permit shall be deemed issued under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act
of March 3, 1899 (33 U.S.C. 403), as appropriate, on the day following
such last day.
(d) Limitation.--The Administrator of the Environmental Protection
Agency may not prohibit or restrict an activity or use of an area that
is authorized under this section.
SEC. 8. MIGRATORY BIRD TREATY ACT PERMIT.
The Secretary of the Interior is deemed to have issued a special
purpose permit under the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.), as described in the application filed with the United States
Fish and Wildlife Service for the Keystone XL pipeline on January 11,
2013.
<all>
POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Chu amendment No. 8.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Chu amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Chu demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Cohen amendment No. 9.
DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment No. 10.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Holt amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Holt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3.
The previous question was ordered pursuant to the rule. (consideration: CR H2892)
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The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H2875-2876)
Mr. Bishop (NY) moved to recommit with instructions to Transportation. (consideration: CR H2892-2893; text: CR H2892)
DEBATE - The House proceeded with 10 minutes of debate on the Bishop (NY) motion to recommit with instructions. The instructions contained in the motion seek to require the House to report the same back with an amendment requiring TransCanada Keystone Pipeline, L.P. to certify to the President that diluted bitumen and other materials derived from tar sands or oils sands that are transported through the Keystone XL pipeline be treated as crude oil for the purposes of determining contributions that fund the Oil Spill Liability Trust Fund.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2893)
On motion to recommit with instructions Failed by the Yeas and Nays: 194 - 223 (Roll no. 178).
Roll Call #178 (House)Passed/agreed to in House: On passage Passed by recorded vote: 241 - 175, 1 Present (Roll no. 179).
Roll Call #179 (House)On passage Passed by recorded vote: 241 - 175, 1 Present (Roll no. 179).
Roll Call #179 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate, read the first time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 81.
Subcommittee on Public Lands and Environmental Regulation Discharged.
Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs Discharged.