Sec. 2003. 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 harms 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 considered a major Federal action under 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; 69 Fed. Reg. 25299 (April 30, 2004)), Executive Order 11423 (3 U.S.C. 301 note; 33 Fed. Reg. 11741 (August 16, 1968)), section 301 of title 3, United States Code, Executive Order 12038 (43 Fed. Reg. 3674 (January 26, 1978)), Executive Order 10485 (18 Fed. Reg. 5397 (September 9, 1953)), 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 the national boundary for that import or export as of the date of enactment of this Act; a permit described in subsection
(c)for the construction, connection, operation, or maintenance has been issued; approval of the construction, connection, operation, or maintenance has previously been obtained under this section; or an application for a permit described in subsection
(c)for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of— the date on which the application is denied; and July 1, 2015; or the construction, connection, operation, or maintenance of the Keystone XL pipeline. No approval under this section, or permit described in subsection (c), shall be required for modifications to construction, connection, operation, or maintenance described in subparagraph (A), (B), or
(C)of subsection (d)(1), 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 affects the application of any other Federal law to a project for which approval of construction, connection, operation, or maintenance is sought under this section.
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U.S. Code
2 references not yet in our index
- 43 FR 3674
- 18 FR 5397
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Sec. 2003
Authorization of certain energy infrastructure projects at the national boundary of the United States
Fed. Reg.43 FR 3674
Fed. Reg.18 FR 5397
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