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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2041 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 308
112th CONGRESS
  2d Session
                                S. 2041

      To approve the Keystone XL pipeline project and provide for 
           environmental protection and government oversight.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 30, 2012

  Mr. Hoeven (for himself, Mr. Lugar, Mr. Vitter, Mr. McConnell, Mr. 
   Johanns, Mr. Portman, Mr. Barrasso, Mr. McCain, Mr. Cornyn, Mrs. 
   Hutchison, Mr. Thune, Mr. Sessions, Mr. Alexander, Mr. Moran, Ms. 
Ayotte, Mr. Boozman, Mr. DeMint, Mr. Paul, Ms. Murkowski, Mr. Kyl, Mr. 
  Manchin, Mr. Lee, Mr. Blunt, Mr. Inhofe, Mr. Toomey, Mr. Hatch, Mr. 
 Burr, Mr. Chambliss, Mr. Coats, Mr. Corker, Mr. Coburn, Mr. Cochran, 
Mr. Crapo, Mr. Graham, Mr. Enzi, Mr. Grassley, Mr. Heller, Mr. Isakson, 
   Mr. Johnson of Wisconsin, Mr. Risch, Mr. Roberts, Mr. Rubio, Mr. 
  Shelby, Mr. Wicker, and Mr. Brown of Massachusetts) introduced the 
             following bill; which was read the first time

                            January 31, 2012

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
      To approve the Keystone XL pipeline project and provide for 
           environmental protection and government oversight.

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

SECTION 1. APPROVAL OF KEYSTONE XL PIPELINE PROJECT.

    (a) Approval of Cross-border Facilities.--
            (1) In general.--In accordance with section 8 of article 1 
        of the Constitution (delegating to Congress the power to 
        regulate commerce with foreign nations), TransCanada Keystone 
        Pipeline, L.P. is authorized to construct, connect, operate, 
        and maintain pipeline facilities, subject to subsection (c), 
        for the import of crude oil and other hydrocarbons at the 
        United States-Canada Border at Phillips County, Montana, in 
        accordance with the application filed with the Department of 
        State on September 19, 2008 (as supplemented and amended).
            (2) Permit.--Notwithstanding any other provision of law, no 
        permit pursuant to Executive Order 13337 (3 U.S.C. 301 note) or 
        any other similar Executive Order regulating construction, 
        connection, operation, or maintenance of facilities at the 
        borders of the United States, and no additional environmental 
        impact statement, shall be required for TransCanada Keystone 
        Pipeline, L.P. to construct, connect, operate, and maintain the 
        facilities described in paragraph (1).
    (b) Construction and Operation of Keystone XL Pipeline in United 
States.--
            (1) In general.--The final environmental impact statement 
        issued by the Department of State on August 26, 2011, shall be 
        considered to satisfy all requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        any other provision of law that requires Federal agency 
        consultation or review with respect to the cross-border 
        facilities described in subsection (a)(1) and the related 
        facilities in the United States described in the application 
        filed with the Department of State on September 19, 2008 (as 
        supplemented and amended).
            (2) Permits.--Any Federal permit or authorization issued 
        before the date of enactment of this Act for the cross-border 
        facilities described in subsection (a)(1), and the related 
        facilities in the United States described in the application 
        filed with the Department of State on September 19, 2008 (as 
        supplemented and amended), shall remain in effect.
    (c) Conditions.--In constructing, connecting, operating, and 
maintaining the cross-border facilities described in subsection (a)(1) 
and related facilities in the United States described in the 
application filed with the Department of State on September 19, 2008 
(as supplemented and amended), TransCanada Keystone Pipeline, L.P. 
shall comply with the following conditions:
            (1) TransCanada Keystone Pipeline, L.P. shall comply with 
        all applicable Federal and State laws (including regulations) 
        and all applicable industrial codes regarding the construction, 
        connection, operation, and maintenance of the facilities.
            (2) Except as provided in subsection (a)(2), TransCanada 
        Keystone Pipeline, L.P. shall comply with all requisite permits 
        from Canadian authorities and applicable Federal, State, and 
        local government agencies in the United States.
            (3) TransCanada Keystone Pipeline, L.P. shall take all 
        appropriate measures to prevent or mitigate any adverse 
        environmental impact or disruption of historic properties in 
        connection with the construction, connection, operation, and 
        maintenance of the facilities.
            (4) The construction, connection, operation, and 
        maintenance of the facilities shall be--
                    (A) in all material respects, similar to that 
                described in--
                            (i) the application filed with the 
                        Department of State on September 19, 2008 (as 
                        supplemented and amended); and
                            (ii) the final environmental impact 
                        statement described in subsection (b)(1); and
                    (B) carried out in accordance with--
                            (i) the construction, mitigation, and 
                        reclamation measures agreed to for the project 
                        in the construction mitigation and reclamation 
                        plan contained in appendix B of the final 
                        environmental impact statement described in 
                        subsection (b)(1);
                            (ii) the special conditions agreed to 
                        between the owners and operators of the project 
                        and the Administrator of the Pipeline and 
                        Hazardous Materials Safety Administration of 
                        the Department of Transportation, as contained 
                        in appendix U of the final environmental impact 
                        statement;
                            (iii) the measures identified in appendix H 
                        of the final environmental impact statement, if 
                        the modified route submitted by the State of 
                        Nebraska to the Secretary of State crosses the 
                        Sand Hills region; and
                            (iv) the stipulations identified in 
                        appendix S of the final environmental impact 
                        statement.
    (d) Route in Nebraska.--
            (1) In general.--Any route and construction, mitigation, 
        and reclamation measures for the project in the State of 
        Nebraska that is identified by the State of Nebraska and 
        submitted to the Secretary of State under this section is 
        considered sufficient for the purposes of this section.
            (2) Prohibition.--Construction of the facilities in the 
        United States described in the application filed with the 
        Department of State on September 19, 2008 (as supplemented and 
        amended), shall not commence in the State of Nebraska until the 
        date on which the Secretary of State receives a route for the 
        project in the State of Nebraska that is identified by the 
        State of Nebraska.
            (3) Receipt.--On the date of receipt of the route described 
        in paragraph (1) by the Secretary of State, the route for the 
        project within the State of Nebraska under this section shall 
        supersede the route for the project in the State specified in 
        the application filed with the Department of State on September 
        19, 2008 (including supplements and amendments).
            (4) Cooperation.--Not later than 30 days after the date on 
        which the State of Nebraska submits a request to the Secretary 
        of State or any appropriate Federal official, the Secretary of 
        State or Federal official shall provide assistance that is 
        consistent with the law of the State of Nebraska.
    (e) Administration.--
            (1) In general.--Any action taken to carry out this section 
        (including the modification of any route under subsection (d)) 
        shall not constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) State siting authority.--Nothing in this section alters 
        any provision of State law relating to the siting of pipelines.
            (3) Private property.--Nothing in this section alters any 
        Federal, State, or local process or condition in effect on the 
        date of enactment of this Act that is necessary to secure 
        access from an owner of private property to construct the 
        project.
    (f) Federal Judicial Review.--The cross-border facilities described 
in subsection (a)(1), and the related facilities in the United States 
described in the application filed with the Department of State on 
September 19, 2008 (as supplemented and amended), that are approved by 
this section, and any permit, right-of-way, or other action taken to 
construct or complete the project pursuant to Federal law, shall only 
be subject to judicial review on direct appeal to the United States 
Court of Appeals for the District of Columbia Circuit.
                                                       Calendar No. 308

112th CONGRESS

  2d Session

                                S. 2041

_______________________________________________________________________

                                 A BILL

      To approve the Keystone XL pipeline project and provide for 
           environmental protection and government oversight.

_______________________________________________________________________

                            January 31, 2012

            Read the second time and placed on the calendar
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