Northern Route Approval Act

Bill: 113-hr-3
Sponsor: Rep. Terry, Lee [R-NE-2]
Introduced: 2013-03-15 in the House
Policy area: Energy
Subjects: Birds
Canada
Endangered and threatened species
Energy storage, supplies, demand
Environmental assessment, monitoring, research
Federal appellate courts
Historic sites and heritage areas
Insects
Judicial review and appeals
Jurisdiction and venue
Land use and conservation
Licensing and registrations
Nebraska
Oil and gas
Pipelines
Water quality
Wildlife conservation and habitat protection

Summary:
action_date: 2013-03-15
text: 
Northern Route Approval Act - 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.
 
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.
 
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). 
 
 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.
 
Deems the Secretary to have issued: (1) 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, and (2) a special purpose permit under the Migratory Bird Treaty Act (described in a certain application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline).
 
Directs the Secretary of the Army to issue permits pursuant the Rivers and Harbors Appropriations Act of 1899 for the construction, operation, and maintenance of the Keystone XL pipeline. Authorizes such Secretary to waive any procedural requirement that the Secretary considers desirable 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 that is authorized under this Act.
 

action_date: 2013-05-17
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
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.

action_date: 2013-05-22
text: 
 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.


Legislative actions:
action_date: 2014-04-24
text: Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs Discharged.
action_date: 2014-04-24
text: Subcommittee on Public Lands and Environmental Regulation Discharged.
action_date: 2013-06-03
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 81.
action_date: 2013-05-23
text: Received in the Senate, read the first time.
action_date: 2013-05-22
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2013-05-22
text: On passage Passed by recorded vote: 241 - 175, 1 Present (Roll no. 179).
action_date: 2013-05-22
text: Passed/agreed to in House: On passage Passed by recorded vote: 241 - 175, 1 Present (Roll no. 179).
action_date: 2013-05-22
text: On motion to recommit with instructions Failed by the Yeas and Nays: 194 - 223 (Roll no. 178).
action_date: 2013-05-22
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H2893)
action_date: 2013-05-22
text: DEBATE - The House proceeded with 10 minutes of debate on the Bishop (NY) motion to recommit with instructions. The instructions contained in the motion seek to require the House to report the same back with an amendment requiring TransCanada Keystone Pipeline, L.P. to certify to the President that diluted bitumen and other materials derived from tar sands or oils sands that are transported through the Keystone XL pipeline be treated as crude oil for the purposes of determining contributions that fund the Oil Spill Liability Trust Fund.
action_date: 2013-05-22
text: Mr. Bishop (NY) moved to recommit with instructions to Transportation. (consideration: CR H2892-2893; text: CR H2892)
action_date: 2013-05-22
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H2875-2876)
action_date: 2013-05-22
text: The previous question was ordered pursuant to the rule. (consideration: CR H2892)
action_date: 2013-05-22
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3.
action_date: 2013-05-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Holt amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Holt demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-05-22
text: DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Holt amendment No. 10.
action_date: 2013-05-22
text: DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Cohen amendment No. 9.
action_date: 2013-05-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Chu amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Chu demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-05-22
text: DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Chu amendment No. 8.
action_date: 2013-05-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Jackson Lee amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Jackson Lee demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-05-22
text: DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 7.
action_date: 2013-05-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Esty amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Esty demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-05-22
text: DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Esty amendment No. 6.
action_date: 2013-05-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Rahall amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Rahall demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-05-22
text: DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Rahall amendment No. 5.
action_date: 2013-05-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Connolly demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-05-22
text: DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly amendment No. 4.
action_date: 2013-05-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Johnson (GA) amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Johnson (GA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-05-22
text: DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Johnson(GA) amendment No. 3.
action_date: 2013-05-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Waxman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-05-22
text: DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman amendment No. 2.
action_date: 2013-05-22
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Weber amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the ayes had prevailed. Mr. Weber demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2013-05-22
text: DEBATE - Pursuant to the provisions of H.Res. 228, the Committee of the Whole proceeded with 10 minutes of debate on the Weber(TX) amendment No. 1.
action_date: 2013-05-22
text: GENERAL DEBATE - The Committee of the Whole proceeded with 90 minutes of general debate on H.R. 3.
action_date: 2013-05-22
text: The Speaker designated the Honorable Steve Womack to act as Chairman of the Committee.
action_date: 2013-05-22
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 228 and Rule XVIII.
action_date: 2013-05-22
text: Rule provides for consideration of H.R. 3 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2013-05-22
text: Considered under the provisions of rule H. Res. 228. (consideration: CR H2862-2895)
action_date: 2013-05-22
text: Rule H. Res. 228 passed House.
action_date: 2013-05-21
text: Rules Committee Resolution H. Res. 228 Reported to House. Rule provides for consideration of H.R. 3 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
action_date: 2013-05-17
text: Placed on the Union Calendar, Calendar No. 40.
action_date: 2013-05-17
text: Reported by the Committee on Transportation and Infrastructure. H. Rept. 113-61, Part III.
action_date: 2013-05-17
text: Reported by the Committee on Transportation and Infrastructure. H. Rept. 113-61, Part III.
action_date: 2013-05-17
text: Reported by the Committee on Natural Resources. H. Rept. 113-61, Part II.
action_date: 2013-05-17
text: Reported by the Committee on Natural Resources. H. Rept. 113-61, Part II.
action_date: 2013-05-17
text: Reported by the Committee on Energy and Commerce. H. Rept. 113-61, Part I.
action_date: 2013-05-17
text: Reported by the Committee on Energy and Commerce. H. Rept. 113-61, Part I.
action_date: 2013-05-16
text: Ordered to be Reported (Amended) by the Yeas and Nays: 33 - 24.
action_date: 2013-05-16
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-04-24
text: Ordered to be Reported by the Yeas and Nays: 24 - 17.
action_date: 2013-04-24
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-04-24
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2013-04-24
text: Subcommittee on Energy and Mineral Resources Discharged.
action_date: 2013-04-17
text: Ordered to be Reported by the Yeas and Nays: 30 - 18.
action_date: 2013-04-17
text: Committee Consideration and Mark-up Session Held.
action_date: 2013-04-16
text: Subcommittee Hearings Held.
action_date: 2013-03-25
text: Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
action_date: 2013-03-25
text: Referred to the Subcommittee on Public Lands and Environmental Regulation.
action_date: 2013-03-25
text: Referred to the Subcommittee on Energy and Mineral Resources.
action_date: 2013-03-22
text: Referred to the Subcommittee on Energy and Power.
action_date: 2013-03-15
text: 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.
action_date: 2013-03-15
text: 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.
action_date: 2013-03-15
text: 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.
action_date: 2013-03-15
text: Introduced in House
action_date: 2013-03-15
text: Introduced in House