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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3548 Reported in House (RH)]

                                                 Union Calendar No. 515
112th CONGRESS
  2d Session
                                H. R. 3548

                      [Report No. 112-703, Part I]

To facilitate United States access to North American oil resources, and 
                          for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 2, 2011

 Mr. Terry (for himself, Mr. Upton, Mr. Whitfield, Mrs. Blackburn, Mr. 
Latta, Mr. Murphy of Pennsylvania, Mrs. McMorris Rodgers, Mr. Rehberg, 
    Mr. Berg, Mr. Harris, Mr. Pitts, Mr. Sullivan, Mr. Shimkus, Mr. 
Scalise, Mr. Olson, Mr. Gardner, Mr. Pompeo, Mr. Kinzinger of Illinois, 
 Mr. Boustany, Mr. Grimm, Mr. Burgess, Mr. Thornberry, Mr. Carter, Mr. 
 Neugebauer, Ms. Granger, Mr. Culberson, Mr. Sam Johnson of Texas, Mr. 
   Barletta, Mr. Marino, Mr. Kelly, Mr. Schock, Mr. LaTourette, Mr. 
 McCotter, Mr. Davis of Kentucky, Mr. Turner of Ohio, Mr. Pearce, Mr. 
 Gibbs, Mr. Miller of Florida, Mr. Forbes, Mr. Manzullo, Mr. Barton of 
   Texas, and Mr. Shuster) introduced the following bill; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
    the Committees on Transportation and Infrastructure 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

                           December 17, 2012

  Reported from the Committee on Energy and Commerce with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 17, 2012

    Additional sponsors: Mrs. Ellmers, Mr. Guthrie, Mr. Huizenga of 
 Michigan, Mr. McKinley, Mr. Coffman of Colorado, Mr. Coble, Mr. Broun 
    of Georgia, Mr. Flores, Mr. Lamborn, Mr. Walden, Mr. Long, Mr. 
Lankford, Mr. DesJarlais, Mr. Hultgren, Mr. Johnson of Ohio, Mr. Burton 
 of Indiana, Mr. Gingrey of Georgia, Mr. Palazzo, Mr. McClintock, Mr. 
   Fincher, Mr. Cole, Mr. Roskam, Mr. Poe of Texas, Mr. Canseco, Mr. 
Petri, Mr. Westmoreland, Mr. King of New York, Mr. Conaway, Mr. Chabot, 
Mrs. Miller of Michigan, Mr. Bachus, Mr. Marchant, Mr. Wilson of South 
   Carolina, Mr. Harper, Mr. Mack, Mr. Cassidy, Mrs. Bono Mack, Mr. 
   Crenshaw, Mr. Chaffetz, Mr. Nunes, Mr. Simpson, Mr. Gerlach, Mr. 
  Sensenbrenner, Mr. Graves of Missouri, Mr. Griffin of Arkansas, Mr. 
  Denham, Mr. Crawford, Mr. Austin Scott of Georgia, Mr. McCaul, Mr. 
Lucas, Mr. Brooks, Mr. Hurt, Mr. Jordan, Mr. Rokita, Mr. Mulvaney, Mr. 
Gowdy, Mr. Yoder, Mr. Hensarling, Mrs. Capito, Mr. Royce, Mr. Stivers, 
                           and Mrs. Bachmann

                           December 17, 2012

    The Committees on Transportation and Infrastructure and Natural 
Resources discharged; committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           December 2, 2011]

_______________________________________________________________________

                                 A BILL

 
To facilitate United States access to North American oil resources, 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 ``North American Energy Access Act''.

SEC. 2. RESTRICTION.

    (a) In General.--No person may construct, operate, or maintain the 
oil pipeline and related facilities described in subsection (b) except 
in accordance with a permit issued under this Act.
    (b) Pipeline.--The pipeline and related facilities referred to in 
subsection (a) are those described in the Final Environmental Impact 
Statement for the Keystone XL Pipeline Project issued by the Department 
of State on August 26, 2011, including any modified version of that 
pipeline and related facilities.

SEC. 3. PERMIT.

    (a) Issuance.--
            (1) By ferc.--The Federal Energy Regulatory Commission 
        shall, not later than 30 days after receipt of an application 
        therefor, issue a permit without additional conditions for the 
        construction, operation, and maintenance of the oil pipeline 
        and related facilities described in section 2(b), to be 
        implemented in accordance with the terms of the Final 
        Environmental Impact Statement described in section 2(b). The 
        Commission shall not be required to prepare a Record of 
        Decision under section 1505.2 of title 40 of the Code of 
        Federal Regulations with respect to issuance of the permit 
        provided for in this section.
            (2) Issuance in absence of ferc action.--If the Federal 
        Energy Regulatory Commission has not acted on an application 
        for a permit described in paragraph (1) within 30 days after 
        receiving such application, the permit shall be deemed to have 
        been issued under this Act upon the expiration of such 30-day 
        period.
    (b) Modification.--
            (1) In general.--The applicant for or holder of a permit 
        described in subsection (a) may make a substantial modification 
        to the pipeline route or any other term of the Final 
        Environmental Impact Statement described in section 2(b) only 
        with the approval of the Federal Energy Regulatory Commission. 
        The Commission shall expedite consideration of any such 
        modification proposal.
            (2) Nebraska modification.--Within 30 days after the date 
        of enactment of this Act, the Federal Energy Regulatory 
        Commission shall enter into a memorandum of understanding with 
        the State of Nebraska for an effective and timely review under 
        the National Environmental Policy Act of 1969 of any 
        modification to the proposed pipeline route in Nebraska as 
        proposed by the applicant for the permit described in 
        subsection (a). Not later than 30 days after receiving approval 
        of such proposed modification from the Governor of Nebraska, 
        the Commission shall complete consideration of and approve such 
        modification.
            (3) Issuance in absence of ferc action.--If the Federal 
        Energy Regulatory Commission has not acted on an application 
        for approval of a modification described in paragraph (2) 
        within 30 days after receiving such application, such 
        modification shall be deemed to have been issued under this Act 
        upon expiration of the 30-day period.
            (4) Construction during consideration of nebraska 
        modification.--While any modification of the proposed pipeline 
        route in Nebraska is under consideration pursuant to paragraph 
        (2), the holder of the permit issued under subsection (a) may 
        commence or continue with construction of any portion of the 
        pipeline and related facilities described in section 2(b) that 
        is not within the State of Nebraska.

SEC. 4. RELATION TO OTHER LAW.

    (a) General Rule.--Notwithstanding Executive Order 13337 (3 U.S.C. 
301 note), Executive Order 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 permits shall be required for the construction, 
operation, and maintenance of the pipeline and related facilities 
described in section 2(b) of this Act.
    (b) Applicability.--Nothing in this Act shall affect the 
application to the pipeline and related facilities described in section 
2(b) of--
            (1) chapter 601 of title 49, United States Code; or
            (2) the authority of the Federal Energy Regulatory 
        Commission to regulate oil pipeline rates and services.
                                                 Union Calendar No. 515

112th CONGRESS

  2d Session

                               H. R. 3548

                      [Report No. 112-703, Part I]

_______________________________________________________________________

                                 A BILL

To facilitate United States access to North American oil resources, and 
                          for other purposes.

_______________________________________________________________________

                           December 17, 2012

  Reported from the Committee on Energy and Commerce with an amendment

                           December 17, 2012

    The Committees on Transportation and Infrastructure and Natural 
Resources discharged; committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
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