180 
(B) EFFECTIVE DATE.—The amendments 
made by subparagraph (A) shall be effective as 
if included in title II of the Patent Law Trea-
ties Implementation Act of 2012 (Public Law 
112–21). 
SEC. 3309. EFFECTIVE DATE. 
Except as otherwise provided in this subtitle, the pro-
visions of this subtitle shall take effect on the date of the 
enactment of this Act, and shall apply to any patent 
issued, or any action filed, on or after that date. 
Subtitle 
D—Resolving 
Environ-
mental 
and 
Grid 
Reliability 
Conflicts 
SEC. 3401. AMENDMENTS TO THE FEDERAL POWER ACT. 
(a) COMPLIANCE WITH OR VIOLATION OF ENVIRON-
MENTAL LAWS WHILE UNDER EMERGENCY ORDER.— 
Section 202(c) of the Federal Power Act (16 U.S.C. 
824a(c)) is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 
(2) by adding at the end the following: 
‘‘(2) With respect to an order issued under this sub-
section that may result in a conflict with a requirement 
of any Federal, State, or local environmental law or regu-
lation, the Commission shall ensure that such order re-
quires generation, delivery, interchange, or transmission 
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of electric energy only during hours necessary to meet the 
emergency and serve the public interest, and, to the max-
imum extent practicable, is consistent with any applicable 
Federal, State, or local environmental law or regulation 
and minimizes any adverse environmental impacts. 
‘‘(3) To the extent any omission or action taken by 
a party, that is necessary to comply with an order issued 
under this subsection, including any omission or action 
taken to voluntarily comply with such order, results in 
noncompliance with, or causes such party to not comply 
with, any Federal, State, or local environmental law or 
regulation, such omission or action shall not be considered 
a violation of such environmental law or regulation, or 
subject such party to any requirement, civil or criminal 
liability, or a citizen suit under such environmental law 
or regulation. 
‘‘(4)(A) An order issued under this subsection that 
may result in a conflict with a requirement of any Federal, 
State, or local environmental law or regulation shall expire 
not later than 90 days after it is issued. The Commission 
may renew or reissue such order pursuant to paragraphs 
(1) and (2) for subsequent periods, not to exceed 90 days 
for each period, as the Commission determines necessary 
to meet the emergency and serve the public interest. 
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‘‘(B) In renewing or reissuing an order under sub-
paragraph (A), the Commission shall consult with the pri-
mary Federal agency with expertise in the environmental 
interest protected by such law or regulation, and shall in-
clude in any such renewed or reissued order such condi-
tions as such Federal agency determines necessary to min-
imize any adverse environmental impacts to the maximum 
extent practicable. The conditions, if any, submitted by 
such Federal agency shall be made available to the public. 
The Commission may exclude such a condition from the 
renewed or reissued order if it determines that such condi-
tion would prevent the order from adequately addressing 
the emergency necessitating such order and provides in 
the order, or otherwise makes publicly available, an expla-
nation of such determination.’’. 
(b) TEMPORARY CONNECTION OR CONSTRUCTION BY 
MUNICIPALITIES.—Section 202(d) of the Federal Power 
Act (16 U.S.C. 824a(d)) is amended by inserting ‘‘or mu-
nicipality’’ before ‘‘engaged in the transmission or sale of 
electric energy’’. 
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TITLE IV—PRESERVING ACCESS 
TO ABUNDANT AND AFFORD-
ABLE SOURCES OF ENERGY 
Subtitle A—Northern Route 
Approval 
SEC. 4101. 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 envi-
ronmentally sound means of moving energy. In a 
global economy, we will compete for the world’s in-
vestments based in significant part on the quality of 
our infrastructure. Investing in the Nation’s infra-
structure provides immediate and long-term eco-
nomic 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 inter-
est 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 opportu-
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nities and related labor income benefits, such as gov-
ernment revenues associated with taxes. 
(4) The State of Nebraska has thoroughly re-
viewed and approved the proposed Keystone XL 
pipeline reroute, concluding that the concerns of Ne-
braskans have had a major influence on the pipeline 
reroute and that the reroute will have minimal envi-
ronmental 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 as-
pects and of the environmental, social, and economic 
impacts of the proposed Keystone XL pipeline, 
and— 
(A) the Department of State assessments 
found that the Keystone XL pipeline ‘‘is not 
likely to impact the amount of crude oil pro-
duced from the oil sands’’ and that ‘‘approval 
or denial of the proposed project is unlikely to 
have a substantial impact on the rate of devel-
opment in the oil sands’’; 
(B) the Department of State found that 
incremental life-cycle greenhouse gas emissions 
associated with the Keystone XL project are es-
timated in the range of 0.07 to 0.83 million 
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metric tons of carbon dioxide equivalents, with 
the upper end of this range representing twelve 
one-thousandths of one percent of the 6,702 
million metric tons of carbon dioxide emitted in 
the United States in 2011; and 
(C) after extensive evaluation of potential 
impacts to land and water resources along the 
Keystone XL pipeline’s 875 mile proposed 
route, the Department of State found that 
‘‘The analyses of potential impacts associated 
with construction and normal operation of the 
proposed Project suggest that there would be 
no significant impacts to most resources along 
the proposed Project route (assuming Keystone 
complies with all laws and required conditions 
and measures).’’. 
(6) The transportation of oil via pipeline is the 
safest and most economically and environmentally 
effective means of doing so, and— 
(A) transportation of oil via pipeline has a 
record of unmatched safety and environmental 
protection, and the Department of State found 
that ‘‘Spills associated with the proposed 
Project that enter the environment expected to 
be rare and relatively small’’, and that ‘‘there 
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is no evidence of increased corrosion or other 
pipeline threat due to viscosity’’ of diluted bitu-
men oil that will be transported by the Key-
stone XL pipeline; and 
(B) plans to incorporate 57 project-specific 
special conditions related to the design, con-
struction, and operations of the Keystone XL 
pipeline led the Department of State to find 
that the pipeline will have ‘‘a degree of safety 
over any other typically constructed domestic oil 
pipeline’’. 
(7) The Keystone XL is in much the same posi-
tion today as the Alaska Pipeline in 1973 prior to 
congressional action. Once again, the Federal regu-
latory process remains an insurmountable obstacle 
to a project that is likely to reduce oil imports from 
insecure foreign sources. 
SEC. 4102. KEYSTONE XL PERMIT APPROVAL. 
Notwithstanding Executive Order No. 13337 (3 
U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 
301 note), section 301 of title 3, United States Code, and 
any other Executive order or provision of law, no Presi-
dential permit shall 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 
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the Keystone XL pipeline, as supplemented to include the 
Nebraska reroute evaluated in the Final Evaluation Re-
port issued by the Nebraska Department of Environ-
mental Quality in January 2013 and approved by the Ne-
braska governor. The final environmental impact state-
ment issued by the Secretary of State on August 26, 2011, 
coupled with the Final Evaluation Report described in the 
previous sentence, shall be considered to satisfy all re-
quirements of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and of the National His-
toric Preservation Act (16 U.S.C. 470 et seq.). 
SEC. 4103. 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 (in-
cluding a failure to act) of any Federal agency or of-
ficer 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 
subtitle, or any decision or action taken, made, 
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granted, or issued, or deemed to be taken, made, 
granted, or issued under this subtitle; or 
(3) the adequacy of any environmental impact 
statement prepared under the National Environ-
mental 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 subtitle. 
(b) DEADLINE FOR FILING CLAIM.—A claim arising 
under this subtitle 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 Cir-
cuit 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. 
SEC. 4104. AMERICAN BURYING BEETLE. 
(a) FINDINGS.—The Congress finds that— 
(1) environmental reviews performed for the 
Keystone XL pipeline project satisfy the require-
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ments of section 7 of the Endangered Species Act of 
1973 (16 U.S.C. 1536(a)(2)) in its entirety; and 
(2) for purposes of that Act, the Keystone XL 
pipeline project will not jeopardize the continued ex-
istence of the American burying beetle or destroy or 
adversely modify American burying beetle critical 
habitat. 
(b) BIOLOGICAL OPINION.—The Secretary of the In-
terior 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)) and any taking of the 
American burying beetle that is incidental to the construc-
tion or operation and maintenance of the Keystone XL 
pipeline as it may be ultimately defined in its entirety, 
shall not be considered a prohibited taking of such species 
under such Act. 
SEC. 4105. 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) and the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1701 et seq.), as set forth 
in the application tendered to the Bureau of Land Man-
agement for the Keystone XL pipeline. 
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SEC. 
4106. 
PERMITS 
FOR 
ACTIVITIES 
IN 
NAVIGABLE 
WATERS. 
(a) ISSUANCE OF PERMITS.—The Secretary of the 
Army, not later than 90 days after receipt of an applica-
tion therefor, shall issue all permits under section 404 of 
the Federal Water Pollution Control Act (33 U.S.C. 1344) 
and section 10 of the Act of March 3, 1899 (33 U.S.C. 
403; commonly known as the Rivers and Harbors Appro-
priations Act of 1899), necessary for the construction, op-
eration, and maintenance of the pipeline described in the 
May 4, 2012, application referred to in section 4103, as 
supplemented by the Nebraska reroute. The application 
shall be based on the administrative record for the pipeline 
as of the date of enactment of this Act, which shall be 
considered complete. 
(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 SEC-
RETARY.—If the Secretary has not issued a permit de-
scribed 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) or section 
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10 of the Act of March 3, 1899 (33 U.S.C. 403), as appro-
priate, on the day following such last day. 
(d) LIMITATION.—The Administrator of the Environ-
mental Protection Agency may not prohibit or restrict an 
activity or use of an area that is authorized under this 
section. 
SEC. 4107. 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.), as described in the 
application filed with the United States Fish and Wildlife 
Service for the Keystone XL pipeline on January 11, 
2013. 
SEC. 4108. OIL SPILL RESPONSE PLAN DISCLOSURE. 
(a) IN GENERAL.—Any pipeline owner or operator 
required under Federal law to develop an oil spill response 
plan for the Keystone XL pipeline shall make such plan 
available to the Governor of each State in which such pipe-
line operates to assist with emergency response prepared-
ness. 
(b) UPDATES.—A pipeline owner or operator required 
to make available to a Governor a plan under subsection 
(a) shall make available to such Governor any update of 
such plan not later than 7 days after the date on which 
such update is made. 
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Subtitle B—Natural Gas Pipeline 
Permitting Reform 
SEC. 4201. REGULATORY APPROVAL OF NATURAL GAS 
PIPELINE PROJECTS. 
Section 7 of the Natural Gas Act (15 U.S.C. 717f) 
is amended by adding at the end the following new sub-
section: 
‘‘(i)(1) The Commission shall approve or deny an ap-
plication for a certificate of public convenience and neces-
sity for a prefiled project not later than 12 months after 
receiving a complete application that is ready to be proc-
essed, as defined by the Commission by regulation. 
‘‘(2) The agency responsible for issuing any license, 
permit, or approval required under Federal law in connec-
tion with a prefiled project for which a certificate of public 
convenience and necessity is sought under this Act shall 
approve or deny the issuance of the license, permit, or ap-
proval not later than 90 days after the Commission issues 
its final environmental document relating to the project. 
‘‘(3) The Commission may extend the time period 
under paragraph (2) by 30 days if an agency demonstrates 
that it cannot otherwise complete the process required to 
approve or deny the license, permit, or approval, and 
therefor will be compelled to deny the license, permit, or 
approval. In granting an extension under this paragraph, 
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the Commission may offer technical assistance to the 
agency as necessary to address conditions preventing the 
completion of the review of the application for the license, 
permit, or approval. 
‘‘(4) If an agency described in paragraph (2) does 
not approve or deny the issuance of the license, permit, 
or approval within the time period specified under para-
graph (2) or (3), as applicable, such license, permit, or 
approval shall take effect upon the expiration of 30 days 
after the end of such period. The Commission shall incor-
porate into the terms of such license, permit, or approval 
any conditions proffered by the agency described in para-
graph (2) that the Commission does not find are incon-
sistent with the final environmental document. 
‘‘(5) For purposes of this subsection, the term 
‘prefiled project’ means a project for the siting, construc-
tion, expansion, or operation of a natural gas pipeline with 
respect to which a prefiling docket number has been as-
signed by the Commission pursuant to a prefiling process 
established by the Commission for the purpose of facili-
tating the formal application process for obtaining a cer-
tificate of public convenience and necessity.’’. 
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Subtitle C—North American 
Energy Infrastructure 
SEC. 4301. FINDING. 
Congress finds that the United States should estab-
lish a more uniform, transparent, and modern process for 
the construction, connection, operation, and maintenance 
of oil and natural gas pipelines and electric transmission 
facilities for the import and export of oil and natural gas 
and the transmission of electricity to and from Canada 
and Mexico, in pursuit of a more secure and efficient 
North American energy market. 
SEC. 4302. AUTHORIZATION OF CERTAIN ENERGY INFRA-
STRUCTURE PROJECTS AT THE NATIONAL 
BOUNDARY OF THE UNITED STATES. 
(a) AUTHORIZATION.—Except as provided in sub-
section (c) and section 4306, no person may construct, 
connect, operate, or maintain a cross-border segment of 
an oil pipeline or electric transmission facility for the im-
port or export of oil or the transmission of electricity to 
or from Canada or Mexico without obtaining a certificate 
of crossing for the construction, connection, operation, or 
maintenance of the cross-border segment under this sec-
tion. 
(b) CERTIFICATE OF CROSSING.— 
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under paragraph (1), that the cross-border segment 
of the electric transmission facility be constructed, 
connected, operated, or maintained consistent with 
all applicable policies and standards of— 
(A) the Electric Reliability Organization 
and the applicable regional entity; and 
(B) any Regional Transmission Organiza-
tion or Independent System Operator with 
operational or functional control over the cross- 
border segment of the electric transmission fa-
cility. 
(c) EXCLUSIONS.—This section shall not apply to any 
construction, connection, operation, or maintenance of a 
cross-border segment of an oil pipeline or electric trans-
mission facility for the import or export of oil or the trans-
mission of electricity to or from Canada or Mexico— 
(1) if the cross-border segment is operating for 
such import, export, or transmission as of the date 
of enactment of this Act; 
(2) if a permit described in section 4305 for 
such construction, connection, operation, or mainte-
nance has been issued; 
(3) if a certificate of crossing for such construc-
tion, connection, operation, or maintenance has pre-
viously been issued under this section; or 
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(4) if an application for a permit described in 
section 4305 for such construction, connection, oper-
ation, or maintenance is pending on the date of en-
actment of this Act, until the earlier of— 
(A) the date on which such application is 
denied; or 
(B) July 1, 2016. 
(d) EFFECT OF OTHER LAWS.— 
(1) APPLICATION
TO
PROJECTS.—Nothing in 
this section or section 4306 shall affect the applica-
tion of any other Federal statute to a project for 
which a certificate of crossing for the construction, 
connection, operation, or maintenance of a cross-bor-
der segment is sought under this section. 
(2) NATURAL GAS ACT.—Nothing in this sec-
tion or section 4306 shall affect the requirement to 
obtain approval or authorization under sections 3 
and 7 of the Natural Gas Act for the siting, con-
struction, or operation of any facility to import or 
export natural gas. 
(3) 
ENERGY
POLICY
AND
CONSERVATION 
ACT.—Nothing in this section or section 4306 shall 
affect the authority of the President under section 
103(a) of the Energy Policy and Conservation Act. 
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SEC. 4303. IMPORTATION OR EXPORTATION OF NATURAL 
GAS TO CANADA AND MEXICO. 
Section 3(c) of the Natural Gas Act (15 U.S.C. 
717b(c)) is amended by adding at the end the following: 
‘‘No order is required under subsection (a) to authorize 
the export or import of any natural gas to or from Canada 
or Mexico.’’. 
SEC. 4304. TRANSMISSION OF ELECTRIC ENERGY TO CAN-
ADA AND MEXICO. 
(a) 
REPEAL
OF
REQUIREMENT
TO
SECURE 
ORDER.—Section 202(e) of the Federal Power Act (16 
U.S.C. 824a(e)) is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) STATE
REGULATIONS.—Section 202(f) of 
the Federal Power Act (16 U.S.C. 824a(f)) is 
amended by striking ‘‘insofar as such State regula-
tion does not conflict with the exercise of the Com-
mission’s powers under or relating to subsection 
202(e)’’. 
(2) SEASONAL
DIVERSITY
ELECTRICITY
EX-
CHANGE.—Section 602(b) of the Public Utility Reg-
ulatory Policies Act of 1978 (16 U.S.C. 824a–4(b)) 
is amended by striking ‘‘the Commission has con-
ducted hearings and made the findings required 
under section 202(e) of the Federal Power Act’’ and 
all that follows through the period at the end and 
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inserting ‘‘the Secretary has conducted hearings and 
finds that the proposed transmission facilities would 
not impair the sufficiency of electric supply within 
the United States or would not impede or tend to 
impede the coordination in the public interest of fa-
cilities subject to the jurisdiction of the Secretary.’’. 
SEC. 4305. NO PRESIDENTIAL PERMIT REQUIRED. 
No Presidential permit (or similar permit) required 
under Executive Order No. 13337 (3 U.S.C. 301 note), 
Executive Order No. 11423 (3 U.S.C. 301 note), section 
301 of title 3, United States Code, Executive Order No. 
12038, Executive Order No. 10485, or any other Execu-
tive order shall be necessary for the construction, connec-
tion, operation, or maintenance of an oil or natural gas 
pipeline or electric transmission facility, or any cross-bor-
der segment thereof. 
SEC. 4306. MODIFICATIONS TO EXISTING PROJECTS. 
No certificate of crossing under section 4302, or per-
mit described in section 4305, shall be required for a 
modification to the construction, connection, operation, or 
maintenance of an oil or natural gas pipeline or electric 
transmission facility— 
(1) that is operating for the import or export 
of oil or natural gas or the transmission of elec-
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tricity to or from Canada or Mexico as of the date 
of enactment of the Act; 
(2) for which a permit described in section 
4305 for such construction, connection, operation, or 
maintenance has been issued; or 
(3) for which a certificate of crossing for the 
cross-border segment of the pipeline or facility has 
previously been issued under section 4302. 
SEC. 4307. EFFECTIVE DATE; RULEMAKING DEADLINES. 
(a) EFFECTIVE DATE.—Sections 4302 through 4306, 
and the amendments made by such sections, shall take ef-
fect on July 1, 2015. 
(b) RULEMAKING DEADLINES.—Each relevant offi-
cial described in section 4302(b)(2) shall— 
(1) not later than 180 days after the date of 
enactment of this Act, publish in the Federal Reg-
ister notice of a proposed rulemaking to carry out 
the applicable requirements of section 4302; and 
(2) not later than 1 year after the date of en-
actment of this Act, publish in the Federal Register 
a final rule to carry out the applicable requirements 
of section 4302. 
SEC. 4308. DEFINITIONS. 
In this subtitle— 
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(1) the term ‘‘cross-border segment’’ means the 
portion of an oil or natural gas pipeline or electric 
transmission facility that is located at the national 
boundary of the United States with either Canada or 
Mexico; 
(2) the term ‘‘modification’’ includes a reversal 
of flow direction, change in ownership, volume ex-
pansion, downstream or upstream interconnection, 
or adjustment to maintain flow (such as a reduction 
or increase in the number of pump or compressor 
stations); 
(3) the term ‘‘natural gas’’ has the meaning 
given that term in section 2 of the Natural Gas Act 
(15 U.S.C. 717a); 
(4) the term ‘‘oil’’ means petroleum or a petro-
leum product; 
(5) the terms ‘‘Electric Reliability Organiza-
tion’’ and ‘‘regional entity’’ have the meanings given 
those terms in section 215 of the Federal Power Act 
(16 U.S.C. 824o); and 
(6) the terms ‘‘Independent System Operator’’ 
and ‘‘Regional Transmission Organization’’ have the 
meanings given those terms in section 3 of the Fed-
eral Power Act (16 U.S.C. 796). 
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202 
Subtitle 
D—Protecting 
States’ 
Rights To Promote American 
Energy Security Act 
CHAPTER 1—STATE AUTHORITY FOR 
HYDRAULIC FRACTURING REGULATION 
SEC. 4411. STATE AUTHORITY FOR HYDRAULIC FRAC-
TURING REGULATION. 
The Mineral Leasing Act (30 U.S.C. 181 et seq.) is 
amended by redesignating section 44 as section 45, and 
by inserting after section 43 the following: 
‘‘SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
REGULATION. 
‘‘(a) IN GENERAL.—The Department of the Interior 
shall not enforce any Federal regulation, guidance, or per-
mit requirement regarding hydraulic fracturing, or any 
component of that process, relating to oil, gas, or geo-
thermal production activities on or under any land in any 
State that has regulations, guidance, or permit require-
ments for that activity. 
‘‘(b) STATE AUTHORITY.—The Department of the 
Interior shall recognize and defer to State regulations, 
permitting, and guidance, for all activities related to hy-
draulic fracturing, or any component of that process, re-
lating to oil, gas, or geothermal production activities on 
Federal land. 
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