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Union Calendar No. 40 

113TH CONGRESS 

1ST SESSION H. R. 3 

[Report No. 113–61, Parts I, II, and III] 

To approve the construction, operation, and maintenance of the Keystone 

XL pipeline, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2013 

Mr. TERRY (for himself, Mr. MATHESON, Mr. UPTON, Mr. BARROW of Georgia, Mr. WHITFIELD, Mr. BACHUS, Mr. BARTON, Mr. BILIRAKIS, Mr. 

BISHOP of Utah, Mrs. BLACKBURN, Mr. BONNER, Mr. BOUSTANY, Mr. 

BRIDENSTINE, Mr. BROUN of Georgia, Mr. BUCSHON, Mr. BROOKS of 

Alabama, Mr. BURGESS, Mrs. CAPITO, Mr. CARTER, Mr. CASSIDY, Mr. 

CHABOT, Mr. COBLE, Mr. CONAWAY, Mr. CRAMER, Mr. CRAWFORD, Mr. 

CULBERSON, Mr. DAINES, Mr. RODNEY DAVIS of Illinois, Mr. DUNCAN

of South Carolina, Mrs. ELLMERS, Mr. FINCHER, Mr. FLORES, Mr. 

FRANKS of Arizona, Mr. GOHMERT, Mr. GARDNER, Mr. GINGREY of 

Georgia, Ms. GRANGER, Mr. GRAVES of Missouri, Mr. GRIFFIN of Arkansas, Mr. GRIFFITH of Virginia, Mr. GUTHRIE, Mr. HARPER, Mr. HARRIS, 

Mr. HUELSKAMP, Mr. HUIZENGA of Michigan, Mr. HUNTER, Mr. JOHNSON of Ohio, Mr. KINZINGER of Illinois, Mr. LANCE, Mr. LATTA, Mr. 

LONG, Mr. LUETKEMEYER, Mrs. LUMMIS, Mr. MARCHANT, Mr. MCCAUL, 

Mr. MCHENRY, Mr. MCKINLEY, Mr. MEEHAN, Mr. MURPHY of Pennsylvania, Mr. MULLIN, Mr. MULVANEY, Mrs. NOEM, Mr. NUNES, Mr. 

OLSON, Mr. PEARCE, Mr. PITTS, Mr. POE of Texas, Mr. RIBBLE, Mrs. 

MCMORRIS RODGERS, Mr. ROGERS of Michigan, Mr. SCALISE, Mr. SHIMKUS, Mr. SHUSTER, Mr. STIVERS, Mr. THOMPSON of Pennsylvania, Mr. 

WALDEN, Mrs. WALORSKI, Mr. WEBER of Texas, Mr. WESTMORELAND, 

Mr. WOMACK, Mr. YOUNG of Florida, Mr. COFFMAN, Mr. BENTIVOLIO, 

and Ms. FOXX) 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 


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MAY 17, 2013 

Additional sponsors: Mr. HURT, Mr. JONES, Mr. SALMON, Mr. ROKITA, Mr. 

NEUGEBAUER, Mr. POMPEO, Mrs. ROBY, Mr. STEWART, Mr. MCCLINTOCK, Mrs. HARTZLER, Mrs. WAGNER, Mrs. BACHMANN, Mr. 

NUNNELEE, Mr. HALL, Mr. MILLER of Florida, Mr. GOSAR, Mr. ROHRABACHER, Mr. PITTENGER, Mr. SCHOCK, Mr. ROE of Tennessee, Mrs. 

MILLER of Michigan, Mr. WILSON of South Carolina, Mr. LATHAM, Mr. 

GRAVES of Georgia, Mr. THORNBERRY, Mrs. BROOKS of Indiana, Mr. 

TIPTON, Mr. WALBERG, Mr. KLINE, Mr. FORBES, Mr. SESSIONS, Mr. 

DESANTIS, Mr. LAMBORN, Mr. FLEISCHMANN, Mr. RADEL, Mr. MEADOWS, Ms. JENKINS, Mr. BARLETTA, Mr. WENSTRUP, Mr. JOYCE, Mr. 

WOODALL, Mrs. BLACK, Mr. ROYCE, Mr. WEBSTER of Florida, Mr. WILLIAMS, Mr. FARENTHOLD, Mr. ROTHFUS, Mr. DENHAM, Mr. KINGSTON, 

Mr. SMITH of Texas, and Mr. LANKFORD

MAY 17, 2013 

Reported from the Committee on Energy and Commerce 

MAY 17, 2013 

Reported from the Committee on Natural Resources 

MAY 17, 2013 

Reported from the Committee on Transportation and Infrastructure; committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL 

To approve the construction, operation, and maintenance of 

the Keystone XL pipeline, and for other purposes. 


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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 ‘‘Northern Route Ap5 proval Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) To maintain our Nation’s competitive edge 

9 and ensure an economy built to last, the United 

10 States must have fast, reliable, resilient, and envi11 ronmentally sound means of moving energy. In a 

12 global economy, we will compete for the world’s in13 vestments based in significant part on the quality of 

14 our infrastructure. Investing in the Nation’s infra15 structure provides immediate and long-term eco16 nomic benefits for local communities and the Nation 

17 as a whole. 

18 (2) The delivery of oil from Canada, a close ally 

19 not only in proximity but in shared values and 

20 ideals, to domestic markets is in the national inter21 est because of the need to lessen dependence upon 

22 insecure foreign sources. 

23 (3) The Keystone XL pipeline would provide 

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1 nities and related labor income benefits, such as gov2 ernment revenues associated with taxes. 

3 (4) The State of Nebraska has thoroughly re4 viewed and approved the proposed Keystone XL 

5 pipeline reroute, concluding that the concerns of Ne6 braskans have had a major influence on the pipeline 

7 reroute and that the reroute will have minimal envi8 ronmental impacts. 

9 (5) The Department of State and other Federal 

10 agencies have over a long period of time conducted 

11 extensive studies and analysis of the technical as12 pects and of the environmental, social, and economic 

13 impacts of the proposed Keystone XL pipeline. 

14 (6) The transportation of oil via pipeline is the 

15 safest and most economically and environmentally 

16 effective means of doing so. 

17 (7) The Keystone XL is in much the same posi18 tion today as the Alaska Pipeline in 1973 prior to 

19 congressional action. Once again, the Federal regu20 latory process remains an insurmountable obstacle 

21 to a project that is likely to reduce oil imports from 

22 insecure foreign sources. 

23 SEC. 3. KEYSTONE XL PERMIT APPROVAL. 

24 Notwithstanding Executive Order No. 13337 (3 

25 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 


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1 301 note), section 301 of title 3, United States Code, and 

2 any other Executive order or provision of law, no Presi3 dential permit shall be required for the pipeline described 

4 in the application filed on May 4, 2012, by TransCanada 

5 Keystone Pipeline, L.P. to the Department of State for 

6 the Keystone XL pipeline, as supplemented to include the 

7 Nebraska reroute evaluated in the Final Evaluation Re8 port issued by the Nebraska Department of Environ9 mental Quality in January 2013 and approved by the Ne10 braska governor. The final environmental impact state11 ment issued by the Secretary of State on August 26, 2011, 

12 coupled with the Final Evaluation Report described in the 

13 previous sentence, shall be considered to satisfy all re14 quirements of the National Environmental Policy Act of 

15 1969 (42 U.S.C. 4321 et seq.) and of the National His16 toric Preservation Act (16 U.S.C. 470 et seq.). 

17 SEC. 4. JUDICIAL REVIEW. 

18 (a) EXCLUSIVE JURISDICTION.—Except for review by 

19 the Supreme Court on writ of certiorari, the United States 

20 Court of Appeals for the District of Columbia Circuit shall 

21 have original and exclusive jurisdiction to determine— 

22 (1) the validity of any final order or action (in23 cluding a failure to act) of any Federal agency or of24 ficer with respect to issuance of a permit relating to 

25 the construction or maintenance of the Keystone XL 


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1 pipeline, including any final order or action deemed 

2 to be taken, made, granted, or issued; 

3 (2) the constitutionality of any provision of this 

4 Act, or any decision or action taken, made, granted, 

5 or issued, or deemed to be taken, made, granted, or 

6 issued under this Act; or 

7 (3) the adequacy of any environmental impact 

8 statement prepared under the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

10 or of any analysis under any other Act, with respect 

11 to any action taken, made, granted, or issued, or 

12 deemed to be taken, made, granted, or issued under 

13 this Act. 

14 (b) DEADLINE FOR FILING CLAIM.—A claim arising 

15 under this Act may be brought not later than 60 days 

16 after the date of the decision or action giving rise to the 

17 claim. 

18 (c) EXPEDITED CONSIDERATION.—The United 

19 States Court of Appeals for the District of Columbia Cir20 cuit shall set any action brought under subsection (a) for 

21 expedited consideration, taking into account the national 

22 interest of enhancing national energy security by providing 

23 access to the significant oil reserves in Canada that are 

24 needed to meet the demand for oil. 


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1 SEC. 5. AMERICAN BURYING BEETLE. 

2 (a) FINDINGS.—The Congress finds that— 

3 (1) environmental reviews performed for the 

4 Keystone XL pipeline project satisfy the require5 ments of section 7 of the Endangered Species Act of 

6 1973 (16 U.S.C. 1536(a)(2)) in its entirety; and 

7 (2) for purposes of that Act, the Keystone XL 

8 pipeline project will not jeopardize the continued ex9 istence of the American burying beetle or destroy or 

10 adversely modify American burying beetle critical 

11 habitat. 

12 (b) BIOLOGICAL OPINION.—The Secretary of the In13 terior is deemed to have issued a written statement setting 

14 forth the Secretary’s opinion containing such findings 

15 under section 7(b)(1)(A) of the Endangered Species Act 

16 of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the 

17 American burying beetle that is incidental to the construc18 tion or operation and maintenance of the Keystone XL 

19 pipeline as it may be ultimately defined in its entirety, 

20 shall not be considered a prohibited taking of such species 

21 under such Act. 

22 SEC. 6. RIGHT-OF-WAY AND TEMPORARY USE PERMIT. 

23 The Secretary of the Interior is deemed to have 

24 granted or issued a grant of right-of-way and temporary 

25 use permit under section 28 of the Mineral Leasing Act 

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1 agement Act of 1976 (43 U.S.C. 1701 et seq.), as set forth 

2 in the application tendered to the Bureau of Land Man3 agement for the Keystone XL pipeline. 

4 SEC. 7. PERMITS FOR ACTIVITIES IN NAVIGABLE WATERS. 

5 (a) ISSUANCE OF PERMITS.—The Secretary of the 

6 Army, not later than 90 days after receipt of an applica7 tion therefor, shall issue all permits under section 404 of 

8 the Federal Water Pollution Control Act (33 U.S.C. 1344) 

9 and section 10 of the Act of March 3, 1899 (33 U.S.C. 

10 403; commonly known as the Rivers and Harbors Appro11 priations Act of 1899), necessary for the construction, op12 eration, and maintenance of the pipeline described in the 

13 May 4, 2012, application referred to in section 3, as sup14 plemented by the Nebraska reroute. The application shall 

15 be based on the administrative record for the pipeline as 

16 of the date of enactment of this Act, which shall be consid17 ered complete. 

18 (b) WAIVER OF PROCEDURAL REQUIREMENTS.—The 

19 Secretary may waive any procedural requirement of law 

20 or regulation that the Secretary considers desirable to 

21 waive in order to accomplish the purposes of this section. 

22 (c) ISSUANCE IN ABSENCE OF ACTION BY THE SEC23 RETARY.—If the Secretary has not issued a permit de24 scribed in subsection (a) on or before the last day of the 

25 90-day period referred to in subsection (a), the permit 


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1 shall be deemed issued under section 404 of the Federal 

2 Water Pollution Control Act (33 U.S.C. 1344) or section 

3 10 of the Act of March 3, 1899 (33 U.S.C. 403), as appro4 priate, on the day following such last day. 

5 (d) LIMITATION.—The Administrator of the Environ6 mental Protection Agency may not prohibit or restrict an 

7 activity or use of an area that is authorized under this 

8 section. 

9 SEC. 8. MIGRATORY BIRD TREATY ACT PERMIT. 

10 The Secretary of the Interior is deemed to have 

11 issued a special purpose permit under the Migratory Bird 

12 Treaty Act (16 U.S.C. 703 et seq.), as described in the 

13 application filed with the United States Fish and Wildlife 

14 Service for the Keystone XL pipeline on January 11, 

15 2013. 


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Union Calendar No. 40 

113TH CONGRESS 

1ST SESSION H. R. 3 

[Report No. 113–61, Parts I, II, and III] 

A BILL 

To approve the construction, operation, and mainother purposes. tenance of the Keystone XL pipeline, and for 

MAY 17, 2013 

Reported from the Committee on Energy and Commerce 

MAY 17, 2013 

Reported from the Committee on Natural Resources 

MAY 17, 2013 

Reported from the Committee on Transportation and Inprinted House on the State of the Union and ordered to be frastructure; committed to the Committee of the Whole 


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