Sec. 501. PERMIT FOR KEYSTONE XL PIPELINE
964 words·~4 min read·
/statute-compilations/comps-9801/sec-501A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 501 PERMIT FOR KEYSTONE XL PIPELINE ###
(a)In General Except as provided in subsection (b), not later than 60 days after the date of enactment of this Act, the President, acting through the Secretary of State, shall grant a permit under Executive Order No. 13337 (3 U.S.C. 301 note; relating to issuance of permits with respect to certain energy-related facilities and land transportation crossings on the international boundaries of the United States) for the Keystone XL pipeline project application filed on September 19, 2008 (including amendments). ###
(b)Exception ####
(1)In general The President shall not be required to grant the permit under subsection
(a)if the President determines that the Keystone XL pipeline would not serve the national interest. ####
(2)Report If the President determines that the Keystone XL pipeline is not in the national interest under paragraph (1), the President shall, not later than 15 days after the date of the determination, submit to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives a report that provides a justification for determination, including consideration of economic, employment, energy security, foreign policy, trade, and environmental factors. ####
(3)Effect of no finding or action If a determination is not made under paragraph
(1)and no action is taken by the President under subsection
(a)not later than 60 days after the date of enactment of this Act, the permit for the Keystone XL pipeline described in subsection
(a)that meets the requirements of subsections
(c)and
(d)shall be in effect by operation of law. ###
(c)Requirements The permit granted under subsection
(a)shall require the following: ####
(1)The permittee shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the United States facilities. ####
(2)The permittee shall obtain all requisite permits from Canadian authorities and relevant Federal, State, and local governmental agencies. ####
(3)The permittee shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, operation, and maintenance of the United States facilities. ####
(4)For the purpose of the permit issued under subsection
(a)(regardless of any modifications under subsection (d))— #####
(A)the final environmental impact statement issued by the Secretary of State on August 26, 2011, satisfies all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of the National Historic Preservation Act (16 U.S.C. 470f); #####
(B)any modification required by the Secretary of State to the Plan described in paragraph (5)(A) shall not require supplementation of the final environmental impact statement described in that paragraph; and #####
(C)no further Federal environmental review shall be required. ####
(5)The construction, operation, and maintenance of the facilities shall be in all material respects similar to that described in the application described in subsection
(a)and in accordance with— #####
(A)the construction, mitigation, and reclamation measures agreed to by the permittee in the Construction Mitigation and Reclamation Plan found in appendix B of the final environmental impact statement issued by the Secretary of State on August 26, 2011, subject to the modification described in subsection (d); #####
(B)the special conditions agreed to between the permittee and the Administrator of the Pipeline Hazardous Materials Safety Administration of the Department of Transportation found in appendix U of the final environmental impact statement described in subparagraph (A); #####
(C)if the modified route submitted by the Governor of Nebraska under subsection (d)(3)(B) crosses the Sand Hills region, the measures agreed to by the permittee for the Sand Hills region found in appendix H of the final environmental impact statement described in subparagraph (A); and #####
(D)the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A). ####
(6)Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit issued under subsection (a). ###
(d)Modification The permit issued under subsection
(a)shall require— ####
(1)the reconsideration of routing of the Keystone XL pipeline within the State of Nebraska; ####
(2)a review period during which routing within the State of Nebraska may be reconsidered and the route of the Keystone XL pipeline through the State altered with any accompanying modification to the Plan described in subsection (c)(5)(A); and ####
(3)the President— #####
(A)to coordinate review with the State of Nebraska and provide any necessary data and reasonable technical assistance material to the review process required under this subsection; and #####
(B)to approve the route within the State of Nebraska that has been submitted to the Secretary of State by the Governor of Nebraska. ###
(e)Effect of No Approval If the President does not approve the route within the State of Nebraska submitted by the Governor of Nebraska under subsection (d)(3)(B) not later than 10 days after the date of submission, the route submitted by the Governor of Nebraska under subsection (d)(3)(B) shall be considered approved, pursuant to the terms of the permit described in subsection
(a)that meets the requirements of subsection
(c)and this subsection, by operation of law. ###
(f)Private Property Savings Clause Nothing in this section alters the Federal, State, or local processes or conditions in effect on the date of enactment of this Act that are necessary to secure access from private property owners to construct the Keystone XL pipeline. ## Subtitle B Budgetary Provisions
Connectionstraces to 4
Citation graph
cites case law
Sec. 501
PERMIT FOR KEYSTONE XL PIPELINE
Cites 4Cited by 0 across 0 sources