I 

112TH CONGRESS 

2D SESSION H. R. 3811 

To approve the Keystone XL pipeline project permit. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2012 

Mr. POE of Texas (for himself, Mr. BOREN, Mr. BARTON of Texas, Mr. CULBERSON, Mr. FARENTHOLD, Mr. SESSIONS, Mr. OLSON, Mr. BOUSTANY, 

Mr. MARCHANT, Mr. SCALISE, Mr. MCCAUL, and Mr. ROHRABACHER) 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 Keystone XL pipeline project permit. 

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 ‘‘Keystone For a Secure 

5 Tomorrow Act’’. 

6 SEC. 2. FINDING. 

7 The Congress finds that the delivery of oil from Al8 berta, Canada, to domestic markets in the United States 

9 is in the national interest of the United States, and the 


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1 earliest possible completion of the Keystone XL pipeline 

2 will best serve the national interest. 

3 SEC. 3. KEYSTONE XL PIPELINE PERMIT APPROVAL. 

4 (a) PERMIT APPROVAL.—The permit described in 

5 subsection (b) is hereby approved. 

6 (b) DESCRIPTION OF PERMIT.—The permit approved 

7 under subsection (a) is the permit with respect to certain 

8 energy-related facilities and land transportation crossings 

9 on the international boundaries of the United States for 

10 the Keystone XL pipeline project, an application for which 

11 was filed on September 19, 2008 (including amendments). 

12 (c) REQUIREMENTS.—The permit granted under sub13 section (a) shall require the following: 

14 (1) The permittee shall comply with all applica15 ble Federal and State laws (including regulations) 

16 and all applicable industrial codes regarding the con17 struction, connection, operation, and maintenance of 

18 the United States facilities. 

19 (2) The permittee shall take all appropriate 

20 measures to prevent or mitigate any adverse envi21 ronmental impact or disruption of historic properties 

22 in connection with the construction, operation, and 

23 maintenance of the United States facilities. 


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1 (3) For the purpose of the permit approved 

2 under subsection (a) (regardless of any modifications 

3 under subsection (d))— 

4 (A) the final environmental impact state5 ment issued by the Secretary of State on Au6 gust 26, 2011, satisfies all requirements of the 

7 National Environmental Policy Act of 1969 (42 

8 U.S.C. 4321 et seq.) and section 106 of the Na9 tional Historic Preservation Act (16 U.S.C. 

10 470f); 

11 (B) any modification required by the Sec12 retary of State to the Plan described in para13 graph (4)(A) shall not require supplementation 

14 of the final environmental impact statement de15 scribed in that paragraph; and 

16 (C) no further Federal environmental re17 view shall be required. 

18 (4) The construction, operation, and mainte19 nance of the facilities shall be in all material re20 spects similar to that described in the application 

21 described in subsection (b) and in accordance with— 

22 (A) the construction, mitigation, and rec23 lamation measures agreed to by the permittee 

24 in the Construction Mitigation and Reclamation 

25 Plan found in appendix B of the final environVerDate Mar 15 2010 03:40 Jan 25, 2012 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3811.IH H3811

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1 mental impact statement issued by the Sec2 retary of State on August 26, 2011, subject to 

3 the modification described in subsection (d); 

4 (B) the special conditions agreed to be5 tween the permittee and the Administrator of 

6 the Pipeline Hazardous Materials Safety Ad7 ministration of the Department of Transpor8 tation found in appendix U of the final environ9 mental impact statement described in subpara10 graph (A); 

11 (C) if the modified route submitted by the 

12 Governor of Nebraska under subsection 

13 (d)(3)(B) crosses the Sand Hills region, the 

14 measures agreed to by the permittee for the 

15 Sand Hills region found in appendix H of the 

16 final environmental impact statement described 

17 in subparagraph (A); and 

18 (D) the stipulations identified in appendix 

19 S of the final environmental impact statement 

20 described in subparagraph (A). 

21 (5) Other requirements that are standard in22 dustry practice or commonly included in Federal 

23 permits that are similar to a permit approved under 

24 subsection (a). 


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1 (d) MODIFICATION.—The permit approved under 

2 subsection (a) shall require— 

3 (1) the reconsideration of routing of the Key4 stone XL pipeline within the State of Nebraska; 

5 (2) a review period during which routing within 

6 the State of Nebraska may be reconsidered and the 

7 route of the Keystone XL pipeline through the State 

8 altered with any accompanying modification to the 

9 Plan described in subsection (c)(4)(A); and 

10 (3) the President— 

11 (A) to coordinate review with the State of 

12 Nebraska and provide any necessary data and 

13 reasonable technical assistance material to the 

14 review process required under this subsection; 

15 and 

16 (B) to approve the route within the State 

17 of Nebraska that has been submitted to the 

18 Secretary of State by the Governor of Ne19 braska. 

20 (e) EFFECT OF NO APPROVAL.—If the President 

21 does not approve the route within the State of Nebraska 

22 submitted by the Governor of Nebraska under subsection 

23 (d)(3)(B) not later than 10 days after the date of submis24 sion, the route submitted by the Governor of Nebraska 

25 under subsection (d)(3)(B) shall be considered approved, 


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1 pursuant to the terms of the permit approved under sub2 section (a) that meets the requirements of subsection (c) 

3 and this subsection, by operation of law. 

4 (f) PRIVATE PROPERTY SAVINGS CLAUSE.—Nothing 

5 in this section alters the Federal, State, or local processes 

6 or conditions in effect on the date of enactment of this 

7 Act that are necessary to secure access from private prop8 erty owners to construct the Keystone XL pipeline. 

Æ 


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