I 

112TH CONGRESS 

1ST SESSION H. R. 3548 

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 

A BILL 

To facilitate United States access to North American oil 

resources, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘North American En3 ergy Access Act’’. 

4 SEC. 2. RESTRICTION. 

5 (a) IN GENERAL.—No person may construct, oper6 ate, or maintain the oil pipeline and related facilities de7 scribed in subsection (b) except in accordance with a per8 mit issued under this Act. 

9 (b) PIPELINE.—The pipeline and related facilities re10 ferred to in subsection (a) are those described in the Final 

11 Environmental Impact Statement for the Keystone XL 

12 Pipeline Project issued by the Department of State on Au13 gust 26, 2011, including any modified version of that pipe14 line and related facilities. 

15 SEC. 3. PERMIT. 

16 (a) ISSUANCE.— 

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

18 Commission shall, not later than 30 days after re19 ceipt of an application therefor, issue a permit for 

20 the construction, operation, and maintenance of the 

21 oil pipeline and related facilities described in section 

22 2(b), to be implemented in accordance with the 

23 terms of the Final Environmental Impact Statement 

24 described in section 2(b). The Commission shall not 

25 be required to prepare a Record of Decision under 

26 section 1505.2 of title 40 of the Code of Federal 


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1 Regulations with respect to issuance of the permit 

2 provided for in this section. 

3 (2) ISSUANCE IN ABSENCE OF FERC ACTION.— 

4 If the Federal Energy Regulatory Commission has 

5 not acted on an application for a permit described 

6 in paragraph (1) within 30 days after receiving such 

7 application, the permit shall be deemed to have been 

8 issued under this Act upon the expiration of such 

9 30-day period. 

10 (b) MODIFICATION.— 

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

12 of a permit described in subsection (a) may make a 

13 substantial modification to the pipeline route or any 

14 other term of the Final Environmental Impact 

15 Statement described in section 2(b) only with the 

16 approval of the Federal Energy Regulatory Commis17 sion. The Commission shall expedite consideration of 

18 any such modification proposal. 

19 (2) NEBRASKA MODIFICATION.—The Federal 

20 Energy Regulatory Commission shall enter into a 

21 memorandum of understanding with the State of 

22 Nebraska for an effective and timely review under 

23 the National Environmental Policy Act of 1969 of 

24 any modification to the proposed pipeline route in 

25 Nebraska as proposed by the applicant for the perVerDate Mar 15 2010 22:59 Dec 02, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3548.IH H3548

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1 mit described in subsection (a). Not later than 30 

2 days after receiving approval of such proposed modi3 fication from the Governor of Nebraska, the Com4 mission shall complete consideration of and approve 

5 such modification. 

6 (3) ISSUANCE IN ABSENCE OF FERC ACTION.— 

7 If the Federal Energy Regulatory Commission has 

8 not acted on an application for approval of a modi9 fication described in paragraph (2) within 30 days 

10 after receiving such application, such modification 

11 shall be deemed to have been issued under this Act 

12 upon expiration of the 30-day period. 

13 SEC. 4. RELATION TO OTHER LAW. 

14 (a) GENERAL RULE.—Except as provided in sub15 section (b), a permit issued under this Act shall be the 

16 sole legal authority required to construct, operate, and 

17 maintain the pipeline and related facilities described in 

18 section 2(b) in the United States. 

19 (b) EXCEPTIONS.—Nothing in this Act shall affect 

20 the application to the pipeline and related facilities de21 scribed in section 2(b) of— 

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

23 or 


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1 (2) the authority of the Federal Energy Regu2 latory Commission to regulate oil pipeline rates and 

3 services. 

Æ 


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