Sec. 133. Authorization of certain energy infrastructure projects at the national boundary of the United States
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Except as provided in subsection
(c)and section 137, no person may construct, connect, operate, or maintain a cross-border segment of an oil pipeline or electric transmission facility for the import 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 section. Not later than 120 days after final action is taken under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to a cross-border segment for which a request is received under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the cross-border segment unless the relevant official finds that the construction, connection, operation, or maintenance of the cross-border segment is not in the public interest of the United States. The relevant official referred to in paragraph
(1)is— the Secretary of State with respect to oil pipelines; and the Secretary of Energy with respect to electric transmission facilities. In the case of a request for a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing for the request 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— the Electric Reliability Organization and the applicable regional entity; and any Regional Transmission Organization or Independent System Operator with operational or functional control over the cross-border segment of the electric transmission facility. This section shall not apply to any construction, connection, operation, or maintenance of a cross-border segment of an oil pipeline or electric transmission facility for the import or export of oil or the transmission of electricity to or from Canada or Mexico— if the cross-border segment is operating for such import, export, or transmission as of the date of enactment of this Act; if a permit described in section 136 for such construction, connection, operation, or maintenance has been issued; if a certificate of crossing for such construction, connection, operation, or maintenance has previously been issued under this section; or if an application for a permit described in section 136 for such construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of— the date on which such application is denied; or July 1, 2016. Nothing in this section or section 137 shall affect the application of any other Federal statute to a project for which a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment is sought under this section. Nothing in this section or section 137 shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas. Nothing in this section or section 137 shall affect the authority of the President under section 103(a) of the Energy Policy and Conservation Act.
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Sec. 133
Authorization of certain energy infrastructure projects at the national boundary of the United States
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