Northern Route Approval Act

To approve the construction, operation, and maintenance of the Keystone XL pipeline, and for other purposes. 1. Short title This Act may be cited as the Northern Route Approval Act 2. Findings The Congress finds the following: (1) To maintain our Nation’s competitive edge and ensure an economy built to last, the United States must have fast, reliable, resilient, and environmentally sound means of moving energy. In a global economy, we will compete for the world’s investments based in significant part on the quality of our infrastructure. Investing in the Nation’s infrastructure provides immediate and long-term economic benefits for local communities and the Nation as a whole. (2) The delivery of oil from Canada, a close ally not only in proximity but in shared values and ideals, to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources. (3) The Keystone XL pipeline would provide both short-term and long-term employment opportunities and related labor income benefits, such as government revenues associated with taxes. (4) The State of Nebraska has thoroughly reviewed and approved the proposed Keystone XL pipeline reroute, concluding that the concerns of Nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts. (5) The Department of State and other Federal agencies have over a long period of time conducted extensive studies and analysis of the technical aspects and of the environmental, social, and economic impacts of the proposed Keystone XL pipeline. (6) The transportation of oil via pipeline is the safest and most economically and environmentally effective means of doing so. (7) The Keystone XL is in much the same position today as the Alaska Pipeline in 1973 prior to congressional action. Once again, the Federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources. 3. Keystone XL permit approval Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 ( 3 U.S.C. 301 4. Judicial review (a) Exclusive jurisdiction Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine— (1) the validity of any final order or action (including a failure to act) of any Federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the Keystone XL pipeline, including any final order or action deemed to be taken, made, granted, or issued; (2) the constitutionality of any provision of this Act, or any decision or action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this Act; or (3) the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or of any analysis under any other Act, with respect to any action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this Act. (b) Deadline for filing claim A claim arising under this Act may be brought not later than 60 days after the date of the decision or action giving rise to the claim. (c) Expedited consideration The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in Canada that are needed to meet the demand for oil. 5. American burying beetle (a) Findings The Congress finds that— (1) environmental reviews performed for the Keystone XL pipeline project satisfy the requirements of section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) (2) for purposes of that Act, the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat. (b) Biological opinion The Secretary of the Interior is deemed to have issued a written statement setting forth the Secretary’s opinion containing such findings under section 7(b)(1)(A) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(b)(1)(A) 6. Right-of-way and temporary use permit The Secretary of the Interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 7. Permits for activities in navigable waters (a) Issuance of permits The Secretary of the Army, not later than 90 days after receipt of an application therefor, shall issue all permits under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 33 U.S.C. 403 (b) Waiver of procedural requirements The Secretary may waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this section. (c) Issuance in absence of action by the Secretary If the Secretary has not issued a permit described in subsection (a) on or before the last day of the 90-day period referred to in subsection (a), the permit shall be deemed issued under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 33 U.S.C. 403 (d) Limitation The Administrator of the Environmental Protection Agency may not prohibit or restrict an activity or use of an area that is authorized under this section. 8. Migratory Bird Treaty Act permit The Secretary of the Interior is deemed to have issued a special purpose permit under the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. 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

Summary: Northern Route Approval Act - (Sec. 1) Declares that a presidential permit shall not be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, including the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. (Sec. 3) Deems the final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with such Final Evaluation Report, to satisfy all requirements of the National Environmental Policy Act of 1969 and of the National Historic Preservation Act. (Sec. 4) Grants original and exclusive jurisdiction to the U.S. Court of Appeals for the District of Columbia Circuit to determine specified issues (except for review by the Supreme Court on writ of certiorari). (Sec. 5) Deems the Secretary of the Interior to have issued a written statement setting forth the Secretary's opinion that the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat. States that any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline shall not be considered a prohibited taking of such species under the Endangered Species Act of 1973. (Sec. 6) Deems the Secretary to have issued a grant of right-of-way and temporary use permit pursuant to the Mineral Leasing Act and the Federal Land Policy and Management Act of 1976. (Sec. 7) Requires the Secretary of the Army, within 90 days after receipt of an application, to issue certain permits under the Federal Water Pollution Control Act and the Rivers and Harbors Appropriations Act of 1899 which are necessary for pipeline construction, operation, and maintenance described in the May 4, 2012, application, as supplemented by the Nebraska reroute. Deems such a permit issued on the 91st day if the Secretary has not issued them within 90 days after receipt of a permit application. Authorizes such Secretary to waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this Act. Prohibits the Administrator of the Environmental Protection Agency (EPA) from prohibiting or restricting an activity or use of an area authorized under this Act. (Sec. 8) Deems the Secretary to have issued a special purpose permit under the Migratory Bird Treaty Act, as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013. (Sec. 9) Requires a pipeline owner or operator required under federal law to develop an oil spill response plan for the Keystone XL pipeline to make such plan available to the governor of each state in which the pipeline operates. Requires a plan update to be submitted to the governor within seven days after it is made.