IB 

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] 


tjames on DSK6SPTVN1PROD with 
2 

•HR 3548 RH

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. 


tjames on DSK6SPTVN1PROD with 
3 

•HR 3548 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘North American Energy 

5 Access Act’’. 

6 SEC. 2. RESTRICTION. 

7 (a) IN GENERAL.—No person may construct, operate, 

8 or maintain the oil pipeline and related facilities described 

9 in subsection (b) except in accordance with a permit issued 

10 under this Act. 

11 (b) PIPELINE.—The pipeline and related facilities re12 ferred to in subsection (a) are those described in the Final 

13 Environmental Impact Statement for the Keystone XL 

14 Pipeline Project issued by the Department of State on Au15 gust 26, 2011, including any modified version of that pipe16 line and related facilities. 

17 SEC. 3. PERMIT. 

18 (a) ISSUANCE.— 

19 (1) BY FERC.—The Federal Energy Regulatory 

20 Commission shall, not later than 30 days after receipt 

21 of an application therefor, issue a permit without ad22 ditional conditions for the construction, operation, 

23 and maintenance of the oil pipeline and related fa24 cilities described in section 2(b), to be implemented in 

25 accordance with the terms of the Final EnvironVerDate Mar 15 2010 02:45 Dec 18, 2012 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3548.RH H3548

tjames on DSK6SPTVN1PROD with 
4 

•HR 3548 RH

1 mental Impact Statement described in section 2(b). 

2 The Commission shall not be required to prepare a 

3 Record of Decision under section 1505.2 of title 40 of 

4 the Code of Federal Regulations with respect to 

5 issuance of the permit provided for in this section. 

6 (2) ISSUANCE IN ABSENCE OF FERC ACTION.—If 

7 the Federal Energy Regulatory Commission has not 

8 acted on an application for a permit described in 

9 paragraph (1) within 30 days after receiving such 

10 application, the permit shall be deemed to have been 

11 issued under this Act upon the expiration of such 30- 

12 day period. 

13 (b) MODIFICATION.— 

14 (1) IN GENERAL.—The applicant for or holder of 

15 a permit described in subsection (a) may make a sub16 stantial modification to the pipeline route or any 

17 other term of the Final Environmental Impact State18 ment described in section 2(b) only with the approval 

19 of the Federal Energy Regulatory Commission. The 

20 Commission shall expedite consideration of any such 

21 modification proposal. 

22 (2) NEBRASKA MODIFICATION.—Within 30 days 

23 after the date of enactment of this Act, the Federal 

24 Energy Regulatory Commission shall enter into a 

25 memorandum of understanding with the State of NeVerDate Mar 15 2010 02:45 Dec 18, 2012 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H3548.RH H3548

tjames on DSK6SPTVN1PROD with 
5 

•HR 3548 RH

1 braska for an effective and timely review under the 

2 National Environmental Policy Act of 1969 of any 

3 modification to the proposed pipeline route in Ne4 braska as proposed by the applicant for the permit 

5 described in subsection (a). Not later than 30 days 

6 after receiving approval of such proposed modifica7 tion from the Governor of Nebraska, the Commission 

8 shall complete consideration of and approve such 

9 modification. 

10 (3) ISSUANCE IN ABSENCE OF FERC ACTION.—If 

11 the Federal Energy Regulatory Commission has not 

12 acted on an application for approval of a modifica13 tion described in paragraph (2) within 30 days after 

14 receiving such application, such modification shall be 

15 deemed to have been issued under this Act upon expi16 ration of the 30-day period. 

17 (4) CONSTRUCTION DURING CONSIDERATION OF

18 NEBRASKA MODIFICATION.—While any modification 

19 of the proposed pipeline route in Nebraska is under 

20 consideration pursuant to paragraph (2), the holder 

21 of the permit issued under subsection (a) may com22 mence or continue with construction of any portion 

23 of the pipeline and related facilities described in sec24 tion 2(b) that is not within the State of Nebraska. 


tjames on DSK6SPTVN1PROD with 
6 

•HR 3548 RH

1 SEC. 4. RELATION TO OTHER LAW. 

2 (a) GENERAL RULE.—Notwithstanding Executive 

3 Order 13337 (3 U.S.C. 301 note), Executive Order 11423 

4 (3 U.S.C. 301 note), section 301 of title 3, United States 

5 Code, and any other Executive Order or provision of law, 

6 no presidential permits shall be required for the construc7 tion, operation, and maintenance of the pipeline and re8 lated facilities described in section 2(b) of this Act. 

9 (b) APPLICABILITY.—Nothing in this Act shall affect 

10 the application to the pipeline and related facilities de11 scribed in section 2(b) of— 

12 (1) chapter 601 of title 49, United States Code; 

13 or 

14 (2) the authority of the Federal Energy Regu15 latory Commission to regulate oil pipeline rates and 

16 services. 


tjames on DSK6SPTVN1PROD with 

tjames on DSK6SPTVN1PROD with 
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 

D

with an amendment 

ECEMBER 17, 2012 

The Committees on Transportation and Infrastructure 

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


tjames on DSK6SPTVN1PROD with