II 

114TH CONGRESS 

1ST SESSION S. 1228 

To require approval for the construction, connection, operation, or maintenance of oil or natural gas pipelines or electric transmission facilities 

at the national boundary of the United States for the import or export 

of oil, natural gas, or electricity to or from Canada or Mexico, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 6, 2015 

Mr. HOEVEN (for himself and Mr. DONNELLY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To require approval for the construction, connection, operation, or maintenance of oil or natural gas pipelines 

or electric transmission facilities at the national boundary of the United States for the import or export of 

oil, natural gas, or electricity to or from Canada or 

Mexico, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘North American En5 ergy Infrastructure Act’’. 


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1 SEC. 2. FINDING. 

2 Congress finds that the United States should estab3 lish a more uniform, transparent, and modern process for 

4 the construction, connection, operation, and maintenance 

5 of oil and natural gas pipelines and electric transmission 

6 facilities for the import and export of oil and natural gas 

7 and the transmission of electricity to and from Canada 

8 and Mexico, in pursuit of a more secure and efficient 

9 North American energy market. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) CROSS-BORDER SEGMENT.—The term 

13 ‘‘cross-border segment’’ means the portion of an oil 

14 or natural gas pipeline or electric transmission facil15 ity that is located at the national boundary of the 

16 United States with Canada or Mexico. 

17 (2) ELECTRIC RELIABILITY ORGANIZATION.— 

18 The term ‘‘Electric Reliability Organization’’ has the 

19 meaning given the term in section 215(a) of the 

20 Federal Power Act (16 U.S.C. 824o(a)). 

21 (3) INDEPENDENT SYSTEM OPERATOR.—The 

22 term ‘‘Independent System Operator’’ has the mean23 ing given the term in section 3 of the Federal Power 

24 Act (16 U.S.C. 796). 

25 (4) MODIFICATION.—The term ‘‘modification’’ 

26 includes— 


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1 (A) a change in ownership; 

2 (B) a volume expansion; 

3 (C) a downstream or upstream inter4 connection; or 

5 (D) an adjustment to maintain flow (such 

6 as a reduction or increase in the number of 

7 pump or compressor stations). 

8 (5) NATURAL GAS.—The term ‘‘natural gas’’ 

9 has the meaning given the term in section 2 of the 

10 Natural Gas Act (15 U.S.C. 717a). 

11 (6) OIL.—The term ‘‘oil’’ means petroleum or 

12 a petroleum product. 

13 (7) REGIONAL ENTITY.—The term ‘‘regional 

14 entity’’ has the meaning given the term in section 

15 215(a) of the Federal Power Act (16 U.S.C. 

16 824o(a)). 

17 (8) REGIONAL TRANSMISSION ORGANIZATION.— 

18 The term ‘‘Regional Transmission Organization’’ 

19 has the meaning given the term in section 3 of the 

20 Federal Power Act (16 U.S.C. 796). 

21 SEC. 4. AUTHORIZATION OF CERTAIN ENERGY INFRA22 STRUCTURE PROJECTS AT THE NATIONAL 

23 BOUNDARY OF THE UNITED STATES. 

24 (a) AUTHORIZATION.—Except as provided in sub25 section (c) and section 8, no person may construct, conVerDate Sep 11 2014 22:39 May 13, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1228.IS S1228

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1 nect, operate, or maintain a cross-border segment of an 

2 oil pipeline or electric transmission facility for the import 

3 or export of oil or the transmission of electricity to or from 

4 Canada or Mexico without obtaining a certificate of cross5 ing for the construction, connection, operation, or mainte6 nance of the cross-border segment under this section. 

7 (b) CERTIFICATE OF CROSSING.— 

8 (1) REQUIREMENT.—Not later than 120 days 

9 after final action is taken under the National Envi10 ronmental Policy Act of 1969 (42 U.S.C. 4321 et 

11 seq.) with respect to a cross-border segment for 

12 which a request is received under this section, the 

13 relevant official identified under paragraph (2), in 

14 consultation with appropriate Federal agencies, shall 

15 issue a certificate of crossing for the cross-border 

16 segment unless the relevant official finds that the 

17 construction, connection, operation, or maintenance 

18 of the cross-border segment is not in the public in19 terest of the United States. 

20 (2) RELEVANT OFFICIAL.—The relevant official 

21 referred to in paragraph (1) is— 

22 (A) the Secretary of State with respect to 

23 oil pipelines; and 

24 (B) the Secretary of Energy with respect 

25 to electric transmission facilities. 


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1 (3) ADDITIONAL REQUIREMENT FOR ELECTRIC

2 TRANSMISSION FACILITIES.—In the case of a request 

3 for a certificate of crossing for the construction, con4 nection, operation, or maintenance of a cross-border 

5 segment of an electric transmission facility, the Sec6 retary of Energy shall require, as a condition of 

7 issuing the certificate of crossing for the request 

8 under paragraph (1), that the cross-border segment 

9 of the electric transmission facility be constructed, 

10 connected, operated, or maintained consistent with 

11 all applicable policies and standards of— 

12 (A) the Electric Reliability Organization 

13 and the applicable regional entity; and 

14 (B) any Regional Transmission Organiza15 tion or Independent System Operator with 

16 operational or functional control over the cross17 border segment of the electric transmission fa18 cility. 

19 (c) EXCLUSIONS.—This section shall not apply to any 

20 construction, connection, operation, or maintenance of a 

21 cross-border segment of an oil pipeline or electric trans22 mission facility for the import or export of oil or the trans23 mission of electricity to or from Canada or Mexico— 


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1 (1) if the cross-border segment is operating for 

2 the import, export, or transmission as of the date of 

3 enactment of this Act; 

4 (2) if a permit described in section 7 for the 

5 construction, connection, operation, or maintenance 

6 has been issued; 

7 (3) if a certificate of crossing for the construc8 tion, connection, operation, or maintenance has pre9 viously been issued under this section; or 

10 (4) if an application for a permit described in 

11 section 7 for the construction, connection, operation, 

12 or maintenance is pending on the date of enactment 

13 of this Act, until the earlier of— 

14 (A) the date on which the application is 

15 denied; or 

16 (B) July 1, 2016. 

17 (d) EFFECT OF OTHER LAWS.— 

18 (1) APPLICATION TO PROJECTS.—Nothing in 

19 this section or section 8 affects the application of 

20 any other Federal law to a project for which a cer21 tificate of crossing for the construction, connection, 

22 operation, or maintenance of a cross-border segment 

23 is sought under this section. 

24 (2) ENERGY POLICY AND CONSERVATION

25 ACT.—Nothing in this section or section 8 shall afVerDate Sep 11 2014 22:39 May 13, 2015 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1228.IS S1228

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1 fect the authority of the President under section 

2 103(a) of the Energy Policy and Conservation Act 

3 (42 U.S.C. 6212(a)). 

4 SEC. 5. IMPORTATION OR EXPORTATION OF NATURAL GAS 

5 TO CANADA AND MEXICO. 

6 Section 3(c) of the Natural Gas Act (15 U.S.C. 

7 717b(c)) is amended— 

8 (1) by striking ‘‘(c) For purposes’’ and insert9 ing the following: 

10 ‘‘(c) EXPEDITED APPLICATION AND APPROVAL

11 PROCESS.— 

12 ‘‘(1) IN GENERAL.—For purposes’’; and 

13 (2) by adding at the end the following: 

14 ‘‘(2) DEADLINE FOR APPROVAL OF APPLICA15 TIONS RELATING TO CANADA AND MEXICO.—In the 

16 case of an application for the importation or expor17 tation of natural gas to or from Canada or Mexico, 

18 the Commission shall approve the application not 

19 later than 30 days after the date of receipt of the 

20 application.’’. 

21 SEC. 6. TRANSMISSION OF ELECTRIC ENERGY TO CANADA 

22 AND MEXICO. 

23 (a) REPEAL OF REQUIREMENT TO SECURE

24 ORDER.—Section 202 of the Federal Power Act (16 

25 U.S.C. 824a) is amended— 


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1 (1) by striking subsection (e); and 

2 (2) by redesignating subsections (f) and (g) as 

3 subsections (e) and (f), respectively. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) STATE REGULATIONS.—Subsection (e) of 

6 section 202 of the Federal Power Act (16 U.S.C. 

7 824a) (as redesignated by subsection (a)(2)) is 

8 amended in the second sentence by striking ‘‘insofar 

9 as such State regulation does not conflict with the 

10 exercise of the Commission’s powers under or relat11 ing to subsection 202(e)’’. 

12 (2) SEASONAL DIVERSITY ELECTRICITY EX13 CHANGE.—Section 602(b) of the Public Utility Reg14 ulatory Policies Act of 1978 (16 U.S.C. 824a–4(b)) 

15 is amended by striking ‘‘the Commission has con16 ducted hearings and made the findings required 

17 under section 202(e) of the Federal Power Act’’ and 

18 all that follows through the period at the end of the 

19 second sentence and inserting ‘‘the Secretary has 

20 conducted hearings and finds that the proposed 

21 transmission facilities would not impair the suffi22 ciency of electric supply within the United States or 

23 would not impede or tend to impede the coordination 

24 in the public interest of facilities subject to the juris25 diction of the Secretary.’’. 


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1 SEC. 7. NO PRESIDENTIAL PERMIT REQUIRED. 

2 (a) IN GENERAL.—No Presidential permit (or similar 

3 permit) required under an applicable provision described 

4 in subsection (b) shall be necessary for the construction, 

5 connection, operation, or maintenance of an oil or natural 

6 gas pipeline or electric transmission facility, or any cross7 border segment of the pipeline or facility. 

8 (b) APPLICABLE PROVISIONS.—Subsection (a) ap9 plies to— 

10 (1) section 301 of title 3, United States Code; 

11 (2) Executive Order 11423 (3 U.S.C. 301 

12 note); 

13 (3) Executive Order 13337 (3 U.S.C. 301 

14 note); 

15 (4) Executive Order 10485 (15 U.S.C. 717b 

16 note); 

17 (5) Executive Order 12038 (42 U.S.C. 7151 

18 note); and 

19 (6) any other Executive order. 

20 SEC. 8. MODIFICATIONS TO EXISTING PROJECTS. 

21 No certificate of crossing under section 4, or permit 

22 described in section 7, shall be required for a modification 

23 to the construction, connection, operation, or maintenance 

24 of an oil or natural gas pipeline or electric transmission 

25 facility— 


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1 (1) that is operating for the import or export 

2 of oil or natural gas or the transmission of elec3 tricity to or from Canada or Mexico as of the date 

4 of enactment of the Act; 

5 (2) for which a permit described in section 7 for 

6 the construction, connection, operation, or mainte7 nance has been issued; or 

8 (3) for which a certificate of crossing for the 

9 cross-border segment of the pipeline or facility has 

10 previously been issued under section 4. 

11 SEC. 9. EFFECTIVE DATE; RULEMAKING DEADLINES. 

12 (a) EFFECTIVE DATE.—Sections 4 through 8, and 

13 the amendments made by those sections, take effect on 

14 July 1, 2016. 

15 (b) RULEMAKING DEADLINES.—Each relevant offi16 cial described in section 4(b)(2) shall— 

17 (1) not later than 180 days after the date of 

18 enactment of this Act, publish in the Federal Reg19 ister notice of a proposed rulemaking to carry out 

20 the applicable requirements of section 4; and 

21 (2) not later than 1 year after the date of en22 actment of this Act, publish in the Federal Register 

23 a final rule to carry out the applicable requirements 

24 of section 4. 

Æ 


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