Sec. 3. Authorization of certain energy infrastructure projects at the national boundary of the United States
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Except as provided in subsections
(d)and (e), no person may construct, connect, operate, or maintain an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico without obtaining approval of the construction, connection, operation, or maintenance under this section. Not later than 120 days after receiving a request for approval of construction, connection, operation, or maintenance under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall approve the request unless the relevant official finds that the construction, connection, operation, or maintenance is not in the national security interests of the United States. The relevant official referred to in paragraph
(1)is— the Secretary of Commerce with respect to oil pipelines; the Federal Energy Regulatory Commission with respect to natural gas pipelines; and the Secretary of Energy with respect to electric transmission facilities. An approval of construction, connection, operation, or maintenance under paragraph
(1)shall not be construed to constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). In the case of a request for approval of the construction, connection, operation, or maintenance of an electric transmission facility, the Secretary of Energy shall require, as a condition of approval of the request under paragraph (1), that 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 electric transmission facility. No Presidential permit (or similar permit) required under Executive Order 13337 ( 3 U.S.C. 301 note), Executive Order 11423 ( 3 U.S.C. 301 note), section 301 of title 3, United States Code, Executive Order 12038, Executive Order 10485, or any other Executive Order shall be necessary for construction, connection, operation, or maintenance to which this section applies. This section shall not apply to any construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico— if the pipeline or facility is operating at such national boundary for such import or export as of the date of enactment of this Act; if a permit described in subsection
(c)for such construction, connection, operation, or maintenance has been issued; if approval of such construction, connection, operation, or maintenance has previously been obtained under this section; or if an application for a permit described in subsection
(c)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. No approval under this section, or permit described in subsection (c), shall be required for modifications to construction, connection, operation, or maintenance described in paragraph (1), (2), or
(3)of subsection (d), including reversal of flow direction, change in ownership, volume expansion, downstream or upstream interconnection, or adjustments to maintain flow (such as a reduction or increase in the number of pump or compressor stations). Nothing in this section shall affect the application of any other Federal statute to a project for which approval of construction, connection, operation, or maintenance is sought under this section. In this section— the term natural gas has the meaning given that term in section 2 of the Natural Gas Act ( 15 U.S.C. 717a ); the term oil means petroleum or a petroleum product; the terms Electric Reliability Organization and regional entity have the meanings given those terms in section 215 of the Federal Power Act ( 16 U.S.C. 824o ); and the terms Independent System Operator and Regional Transmission Organization have the meanings given those terms in section 3 of the Federal Power Act ( 16 U.S.C. 796 ).
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Sec. 3
Authorization of certain energy infrastructure projects at the national boundary of the United States
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