II 

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. 

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. APPROVAL OF KEYSTONE XL PIPELINE 

2 PROJECT. 

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

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

5 of article 1 of the Constitution (delegating to Con6 gress the power to regulate commerce with foreign 

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

8 authorized to construct, connect, operate, and main9 tain pipeline facilities, subject to subsection (c), for 

10 the import of crude oil and other hydrocarbons at 

11 the United States-Canada Border at Phillips Coun12 ty, Montana, in accordance with the application filed 

13 with the Department of State on September 19, 

14 2008 (as supplemented and amended). 

15 (2) PERMIT.—Notwithstanding any other provi16 sion of law, no permit pursuant to Executive Order 

17 13337 (3 U.S.C. 301 note) or any other similar Ex18 ecutive Order regulating construction, connection, 

19 operation, or maintenance of facilities at the borders 

20 of the United States, and no additional environ21 mental impact statement, shall be required for 

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

23 connect, operate, and maintain the facilities de24 scribed in paragraph (1). 

25 (b) CONSTRUCTION AND OPERATION OF KEYSTONE

26 XL PIPELINE IN UNITED STATES.— 


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1 (1) IN GENERAL.—The final environmental im2 pact statement issued by the Department of State 

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

4 all requirements of the National Environmental Pol5 icy Act of 1969 (42 U.S.C. 4321 et seq.) and any 

6 other provision of law that requires Federal agency 

7 consultation or review with respect to the cross-bor8 der facilities described in subsection (a)(1) and the 

9 related facilities in the United States described in 

10 the application filed with the Department of State 

11 on September 19, 2008 (as supplemented and 

12 amended). 

13 (2) PERMITS.—Any Federal permit or author14 ization issued before the date of enactment of this 

15 Act for the cross-border facilities described in sub16 section (a)(1), and the related facilities in the 

17 United States described in the application filed with 

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

19 supplemented and amended), shall remain in effect. 

20 (c) CONDITIONS.—In constructing, connecting, oper21 ating, and maintaining the cross-border facilities described 

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

23 States described in the application filed with the Depart24 ment of State on September 19, 2008 (as supplemented 


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

2 comply with the following conditions: 

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

4 comply with all applicable Federal and State laws 

5 (including regulations) and all applicable industrial 

6 codes regarding the construction, connection, oper7 ation, and maintenance of the facilities. 

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

9 TransCanada Keystone Pipeline, L.P. shall comply 

10 with all requisite permits from Canadian authorities 

11 and applicable Federal, State, and local government 

12 agencies in the United States. 

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

14 take all appropriate measures to prevent or mitigate 

15 any adverse environmental impact or disruption of 

16 historic properties in connection with the construc17 tion, connection, operation, and maintenance of the 

18 facilities. 

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

20 maintenance of the facilities shall be— 

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

22 described in— 

23 (i) the application filed with the De24 partment of State on September 19, 2008 

25 (as supplemented and amended); and 


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1 (ii) the final environmental impact 

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

3 and 

4 (B) carried out in accordance with— 

5 (i) the construction, mitigation, and 

6 reclamation measures agreed to for the 

7 project in the construction mitigation and 

8 reclamation plan contained in appendix B 

9 of the final environmental impact state10 ment described in subsection (b)(1); 

11 (ii) the special conditions agreed to 

12 between the owners and operators of the 

13 project and the Administrator of the Pipe14 line and Hazardous Materials Safety Ad15 ministration of the Department of Trans16 portation, as contained in appendix U of 

17 the final environmental impact statement; 

18 (iii) the measures identified in appen19 dix H of the final environmental impact 

20 statement, if the modified route submitted 

21 by the State of Nebraska to the Secretary 

22 of State crosses the Sand Hills region; and 

23 (iv) the stipulations identified in ap24 pendix S of the final environmental impact 

25 statement. 


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1 (d) ROUTE IN NEBRASKA.— 

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

3 mitigation, and reclamation measures for the project 

4 in the State of Nebraska that is identified by the 

5 State of Nebraska and submitted to the Secretary of 

6 State under this section is considered sufficient for 

7 the purposes of this section. 

8 (2) PROHIBITION.—Construction of the facili9 ties in the United States described in the application 

10 filed with the Department of State on September 19, 

11 2008 (as supplemented and amended), shall not 

12 commence in the State of Nebraska until the date 

13 on which the Secretary of State receives a route for 

14 the project in the State of Nebraska that is identi15 fied by the State of Nebraska. 

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

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

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

19 Nebraska under this section shall supersede the 

20 route for the project in the State specified in the ap21 plication filed with the Department of State on Sep22 tember 19, 2008 (including supplements and amend23 ments). 

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

25 after the date on which the State of Nebraska subVerDate Mar 15 2010 23:32 Jan 31, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2041.PCS S2041

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1 mits a request to the Secretary of State or any ap2 propriate Federal official, the Secretary of State or 

3 Federal official shall provide assistance that is con4 sistent with the law of the State of Nebraska. 

5 (e) ADMINISTRATION.— 

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

7 out this section (including the modification of any 

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

9 major Federal action under the National Environ10 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

11 (2) STATE SITING AUTHORITY.—Nothing in 

12 this section alters any provision of State law relating 

13 to the siting of pipelines. 

14 (3) PRIVATE PROPERTY.—Nothing in this sec15 tion alters any Federal, State, or local process or 

16 condition in effect on the date of enactment of this 

17 Act that is necessary to secure access from an owner 

18 of private property to construct the project. 

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

20 facilities described in subsection (a)(1), and the related fa21 cilities in the United States described in the application 

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

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

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

25 taken to construct or complete the project pursuant to 


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1 Federal law, shall only be subject to judicial review on di2 rect appeal to the United States Court of Appeals for the 

3 District of Columbia Circuit. 


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Calendar No. 308 

112TH CONGRESS 

2D SESSION S. 2041 

A BILL 

To approve the Keystone XL pipeline project and 

ment oversight. provide for environmental protection and governJANUARY 31, 2012 

Read the second time and placed on the calendar 


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