To approve the Keystone XL pipeline project and provide for environmental protection and government oversight.

SA 1537. Mr. HOEVEN (for himself, Mr. Lugar, Mr. Vitter, Mr.
McConnell, Mr. Johanns, and Mr. Hatch) submitted an amendment intended
to be proposed by him to the bill S. 1813, to reauthorize Federal-aid
highway and highway safety construction programs, and for other
purposes; which was ordered to lie on the table; as follows:

On page 469, after line 22, add the following:

SEC. __. APPROVAL OF KEYSTONE XL PIPELINE PROJECT.

(a) Approval of Cross-border Facilities.--
(1) In general.--In accordance with section 8 of article 1
of the Constitution (delegating to Congress the power to
regulate commerce with foreign nations), TransCanada Keystone
Pipeline, L.P. is authorized to construct, connect, operate,
and maintain pipeline facilities, subject to subsection (c),
for the import of crude oil and other hydrocarbons at the
United States-Canada Border at Phillips County, Montana, in
accordance with the application filed with the Department of
State on September 19, 2008 (as supplemented and amended).
(2) Permit.--Notwithstanding any other provision of law, no
permit pursuant to Executive Order 13337 (3 U.S.C. 301 note)
or any other similar Executive Order regulating construction,
connection, operation, or maintenance of facilities at the
borders of the United States, and no additional environmental
impact statement, shall be required for TransCanada Keystone
Pipeline, L.P. to construct, connect, operate, and maintain
the facilities described in paragraph (1).
(b) Construction and Operation of Keystone XL Pipeline in
United States.--
(1) In general.--The final environmental impact statement
issued by the Department of State on August 26, 2011, shall
be considered to satisfy all requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
any other provision of law that requires Federal agency
consultation or review with respect to the cross-border
facilities described in subsection (a)(1) and the related
facilities in the United States described in the application
filed with the Department of State on September 19, 2008 (as
supplemented and amended).

[[Page S571]]

(2) Permits.--Any Federal permit or authorization issued
before the date of enactment of this Act for the cross-border
facilities described in subsection (a)(1), and the related
facilities in the United States described in the application
filed with the Department of State on September 19, 2008 (as
supplemented and amended), shall remain in effect.
(c) Conditions.--In constructing, connecting, operating,
and maintaining the cross-border facilities described in
subsection (a)(1) and related facilities in the United States
described in the application filed with the Department of
State on September 19, 2008 (as supplemented and amended),
TransCanada Keystone Pipeline, L.P. shall comply with the
following conditions:
(1) TransCanada Keystone Pipeline, L.P. 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
facilities.
(2) Except as provided in subsection (a)(2), TransCanada
Keystone Pipeline, L.P. shall comply with all requisite
permits from Canadian authorities and applicable Federal,
State, and local government agencies in the United States.
(3) TransCanada Keystone Pipeline, L.P. shall take all
appropriate measures to prevent or mitigate any adverse
environmental impact or disruption of historic properties in
connection with the construction, connection, operation, and
maintenance of the facilities.
(4) The construction, connection, operation, and
maintenance of the facilities shall be--
(A) in all material respects, similar to that described
in--
(i) the application filed with the Department of State on
September 19, 2008 (as supplemented and amended); and
(ii) the final environmental impact statement described in
subsection (b)(1); and
(B) carried out in accordance with--
(i) the construction, mitigation, and reclamation measures
agreed to for the project in the construction mitigation and
reclamation plan contained in appendix B of the final
environmental impact statement described in subsection
(b)(1);
(ii) the special conditions agreed to between the owners
and operators of the project and the Administrator of the
Pipeline and Hazardous Materials Safety Administration of the
Department of Transportation, as contained in appendix U of
the final environmental impact statement;
(iii) the measures identified in appendix H of the final
environmental impact statement, if the modified route
submitted by the State of Nebraska to the Secretary of State
crosses the Sand Hills region; and
(iv) the stipulations identified in appendix S of the final
environmental impact statement.
(d) Route in Nebraska.--
(1) In general.--Any route and construction, mitigation,
and reclamation measures for the project in the State of
Nebraska that is identified by the State of Nebraska and
submitted to the Secretary of State under this section is
considered sufficient for the purposes of this section.
(2) Prohibition.--Construction of the facilities in the
United States described in the application filed with the
Department of State on September 19, 2008 (as supplemented
and amended), shall not commence in the State of Nebraska
until the date on which the Secretary of State receives a
route for the project in the State of Nebraska that is
identified by the State of Nebraska.
(3) Receipt.--On the date of receipt of the route described
in paragraph (1) by the Secretary of State, the route for the
project within the State of Nebraska under this section shall
supersede the route for the project in the State specified in
the application filed with the Department of State on
September 19, 2008 (including supplements and amendments).
(4) Cooperation.--Not later than 30 days after the date on
which the State of Nebraska submits a request to the
Secretary of State or any appropriate Federal official, the
Secretary of State or Federal official shall provide
assistance that is consistent with the law of the State of
Nebraska.
(e) Administration.--
(1) In general.--Any action taken to carry out this section
(including the modification of any route under subsection
(d)) shall not constitute a major Federal action under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) State siting authority.--Nothing in this section alters
any provision of State law relating to the siting of
pipelines.
(3) Private property.--Nothing in this section alters any
Federal, State, or local process or condition in effect on
the date of enactment of this Act that is necessary to secure
access from an owner of private property to construct the
project.
(f) Federal Judicial Review.--The cross-border facilities
described in subsection (a)(1), and the related facilities in
the United States described in the application filed with the
Department of State on September 19, 2008 (as supplemented
and amended), that are approved by this section, and any
permit, right-of-way, or other action taken to construct or
complete the project pursuant to Federal law, shall only be
subject to judicial review on direct appeal to the United
States Court of Appeals for the District of Columbia Circuit.
______