I 

112TH CONGRESS 

2D SESSION H. R. 4000 

To approve the Keystone XL pipeline project, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 9, 2012 

Mr. MACK (for himself, Mr. REHBERG, Mr. BOREN, Mr. GRIFFIN of Arkansas, 

Mr. KISSELL, Ms. ROS-LEHTINEN, Mr. ROKITA, Mrs. MCMORRIS RODGERS, Mr. SESSIONS, Mr. SCHOCK, Mr. LAMBORN, Mrs. NOEM, Mr. 

FLAKE, Mr. POE of Texas, Mr. RIVERA, Mr. BERG, Mr. DUNCAN of 

South Carolina, Mrs. LUMMIS, Mr. BISHOP of Utah, Mr. HERGER, Mrs. 

SCHMIDT, Mr. CHABOT, Mr. MANZULLO, Mr. KING of New York, Mrs. 

CAPITO, Mr. MCCLINTOCK, Mr. SAM JOHNSON of Texas, Mr. BURTON

of Indiana, Mr. BROOKS, Mr. CARTER, Mr. WEST, Mr. COLE, Mr. BILIRAKIS, Mr. CANSECO, Ms. BUERKLE, Mrs. ELLMERS, Mr. BROUN of 

Georgia, Mr. DIAZ-BALART, Mr. CHAFFETZ, Mr. MILLER of Florida, Mr. 

LUCAS, Mr. LANDRY, Mr. ROYCE, Mr. CULBERSON, Mrs. BONO MACK, 

Mr. HUIZENGA of Michigan, Mr. DUNCAN of Tennessee, Mr. MCCAUL, 

Mr. BOUSTANY, Mrs. MILLER of Michigan, Mr. FARENTHOLD, Mr. 

RIGELL, and Mr. GIBBS) introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure, and in addition 

to the Committees on Energy and Commerce, Natural Resources, and 

Foreign Affairs, 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 Keystone XL pipeline project, 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 ‘‘Energizing America 

3 through Employment Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) On April 30, 2004, President George W. 

7 Bush issued Executive Order 13337 (3 U.S.C. 301 

8 note), delegating to the Department of State author9 ity to oversee the permitting process of cross-border 

10 pipeline projects in an effort ‘‘to expedite reviews of 

11 permits as necessary to accelerate the completion of 

12 energy production and transmission projects’’. 

13 (2) On September 19, 2008, the Department of 

14 State received an application for the Keystone XL 

15 pipeline. 

16 (3) On August 26, 2011, the Department of 

17 State issued a final environmental impact statement 

18 stating that the Keystone XL pipeline project posed 

19 ‘‘no significant [environmental] impact’’. 

20 (4) Three years and four months after the Key21 stone XL application was submitted, due to objec22 tions to an imposed timeline, the Department of 

23 State failed to uphold section 1(g) of Executive 

24 Order 13337 requiring the Secretary of State to 

25 make a national interest determination based on the 

26 ‘‘views and assistance obtained’’ previously in relaVerDate Mar 15 2010 06:43 Feb 10, 2012 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4000.IH H4000

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1 tion to the merits of the permit requested by the ap2 plicant. 

3 (5) Congress has the constitutional authority to 

4 regulate commerce with foreign nations, and among 

5 the several States, and with the Indian Tribes. 

6 (6) The construction of the Keystone XL pipe7 line will result in job creation, increased energy secu8 rity, ancillary benefits, and multiplier effects for the 

9 economy of the United States. 

10 (7) The earliest possible completion of the Key11 stone XL pipeline project serves the national interest 

12 of the United States. 

13 SEC. 3. APPROVAL OF KEYSTONE XL PIPELINE PROJECT. 

14 (a) APPROVAL OF CROSS-BORDER FACILITIES.— 

15 (1) IN GENERAL.—In accordance with section 8 

16 of article 1 of the Constitution (delegating to Con17 gress the power to regulate commerce with foreign 

18 nations), TransCanada Keystone Pipeline, L.P. is 

19 authorized to construct, connect, operate, and main20 tain pipeline facilities, subject to subsection (c), for 

21 the import of crude oil and other hydrocarbons at 

22 the United States-Canada Border at Phillips Coun23 ty, Montana, in accordance with the application filed 

24 with the Department of State on September 19, 

25 2008 (as supplemented and amended). 


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1 (2) PERMIT.—Notwithstanding any other provi2 sion of law, no permit pursuant to Executive Order 

3 13337 (3 U.S.C. 301 note) or any other similar Ex4 ecutive Order regulating construction, connection, 

5 operation, or maintenance of facilities at the borders 

6 of the United States, and no additional environ7 mental impact statement, shall be required for 

8 TransCanada Keystone Pipeline, L.P. to construct, 

9 connect, operate, and maintain the facilities de10 scribed in paragraph (1). 

11 (b) CONSTRUCTION AND OPERATION OF KEYSTONE

12 XL PIPELINE IN UNITED STATES.— 

13 (1) IN GENERAL.—The final environmental im14 pact statement issued by the Department of State 

15 on August 26, 2011, shall be considered to satisfy 

16 all requirements of the National Environmental Pol17 icy Act of 1969 (42 U.S.C. 4321 et seq.) and any 

18 other provision of law that requires Federal agency 

19 consultation or review with respect to the cross-bor20 der facilities described in subsection (a)(1) and the 

21 related facilities in the United States described in 

22 the application filed with the Department of State 

23 on September 19, 2008 (as supplemented and 

24 amended). 


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1 (2) PERMITS.—Any Federal permit or author2 ization issued before the date of enactment of this 

3 Act for the cross-border facilities described in sub4 section (a)(1), and the related facilities in the 

5 United States described in the application filed with 

6 the Department of State on September 19, 2008 (as 

7 supplemented and amended), shall remain in effect. 

8 (c) CONDITIONS.—In constructing, connecting, oper9 ating, and maintaining the cross-border facilities described 

10 in subsection (a)(1) and related facilities in the United 

11 States described in the application filed with the Depart12 ment of State on September 19, 2008 (as supplemented 

13 and amended), TransCanada Keystone Pipeline, L.P. shall 

14 comply with the following conditions: 

15 (1) TransCanada Keystone Pipeline, L.P. shall 

16 comply with all applicable Federal and State laws 

17 (including regulations) and all applicable industrial 

18 codes regarding the construction, connection, oper19 ation, and maintenance of the facilities. 

20 (2) Except as provided in subsection (a)(2), 

21 TransCanada Keystone Pipeline, L.P. shall comply 

22 with all requisite permits from Canadian authorities 

23 and applicable Federal, State, and local government 

24 agencies in the United States. 


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1 (3) TransCanada Keystone Pipeline, L.P. shall 

2 take all appropriate measures to prevent or mitigate 

3 any adverse environmental impact or disruption of 

4 historic properties in connection with the construc5 tion, connection, operation, and maintenance of the 

6 facilities. 

7 (4) The construction, connection, operation, and 

8 maintenance of the facilities shall be— 

9 (A) in all material respects, similar to that 

10 described in— 

11 (i) the application filed with the De12 partment of State on September 19, 2008 

13 (as supplemented and amended); and 

14 (ii) the final environmental impact 

15 statement described in subsection (b)(1); 

16 and 

17 (B) carried out in accordance with— 

18 (i) the construction, mitigation, and 

19 reclamation measures agreed to for the 

20 project in the construction mitigation and 

21 reclamation plan contained in appendix B 

22 of the final environmental impact state23 ment described in subsection (b)(1); 

24 (ii) the special conditions agreed to 

25 between the owners and operators of the 


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1 project and the Administrator of the Pipe2 line and Hazardous Materials Safety Ad3 ministration of the Department of Trans4 portation, as contained in appendix U of 

5 the final environmental impact statement; 

6 (iii) the measures identified in appen7 dix H of the final environmental impact 

8 statement, if the modified route submitted 

9 by the State of Nebraska to the Secretary 

10 of State crosses the Sand Hills region; and 

11 (iv) the stipulations identified in ap12 pendix S of the final environmental impact 

13 statement. 

14 (d) ROUTE IN NEBRASKA.— 

15 (1) IN GENERAL.—Any route and construction, 

16 mitigation, and reclamation measures for the project 

17 in the State of Nebraska that is identified by the 

18 State of Nebraska and submitted to the Secretary of 

19 State under this section is considered sufficient for 

20 the purposes of this section. 

21 (2) PROHIBITION.—Construction of the facili22 ties in the United States described in the application 

23 filed with the Department of State on September 19, 

24 2008 (as supplemented and amended), shall not 

25 commence in the State of Nebraska until the date 


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1 on which the Secretary of State receives a route for 

2 the project in the State of Nebraska that is identi3 fied by the State of Nebraska. 

4 (3) RECEIPT.—On the date of receipt of the 

5 route described in paragraph (1) by the Secretary of 

6 State, the route for the project within the State of 

7 Nebraska under this section shall supersede the 

8 route for the project in the State specified in the ap9 plication filed with the Department of State on Sep10 tember 19, 2008 (including supplements and amend11 ments). 

12 (4) COOPERATION.—Not later than 30 days 

13 after the date on which the State of Nebraska sub14 mits a request to the Secretary of State or any ap15 propriate Federal official, the Secretary of State or 

16 Federal official shall provide assistance that is con17 sistent with the law of the State of Nebraska. 

18 (e) ADMINISTRATION.— 

19 (1) IN GENERAL.—Any action taken to carry 

20 out this section (including the modification of any 

21 route under subsection (d)) shall not constitute a 

22 major Federal action under the National Environ23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 


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1 (2) STATE SITING AUTHORITY.—Nothing in 

2 this section alters any provision of State law relating 

3 to the siting of pipelines. 

4 (3) PRIVATE PROPERTY.—Nothing in this sec5 tion alters any Federal, State, or local process or 

6 condition in effect on the date of enactment of this 

7 Act that is necessary to secure access from an owner 

8 of private property to construct the project. 

9 (f) FEDERAL JUDICIAL REVIEW.—The cross-border 

10 facilities described in subsection (a)(1), and the related fa11 cilities in the United States described in the application 

12 filed with the Department of State on September 19, 2008 

13 (as supplemented and amended), that are approved by this 

14 section, and any permit, right-of-way, or other action 

15 taken to construct or complete the project pursuant to 

16 Federal law, shall only be subject to judicial review on di17 rect appeal to the United States Court of Appeals for the 

18 District of Columbia Circuit. 

19 SEC. 4. REFERRAL OF APPLICATIONS FOR FUTURE CROSS20 BORDER PIPELINE FACILITIES AT THE 

21 UNITED STATES BORDERS. 

22 (a) REFERRAL OF APPLICATION.—For purposes of 

23 making a national interest determination under Executive 

24 Order 13337 (3 U.S.C. 301 note) (or any successor Exec25 utive Order) with respect to any application filed with the 


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1 Department of State on or after the date of enactment 

2 of this Act to construct, connect, operate, and maintain 

3 pipeline facilities at the borders of the United States for 

4 the import of crude oil and other hydrocarbons, the Sec5 retary of State shall, in addition to referring the applica6 tion to the departments and agencies described in section 

7 1(b)(ii) of Executive Order 13337 (or any successor Exec8 utive Order), also refer the application and pertinent in9 formation to the committees of Congress specified in sub10 section (b) for purposes of requesting the views of such 

11 committees of Congress. 

12 (b) COMMITTEES OF CONGRESS.—The committees of 

13 Congress referred to in subsection (a) are— 

14 (1) the Committee on Foreign Relations, the 

15 Committee on Commerce, Science, and Transpor16 tation, and the Committee on Energy and Natural 

17 Resources of the Senate; and 

18 (2) the Committee on Foreign Affairs, the 

19 Committee on Transportation and Infrastructure, 

20 the Committee on Energy and Commerce, and the 

21 Committee on Natural Resources of the House of 

22 Representatives. 

Æ 


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