Amendment sought to remove the mandate to allow one specifically named company to never receive appropriate oversight through the permit process for operation and/or maintenance--in perpetuity, while allowing construction permit fast-track.

1. 1

   Change 1: Strikes “or maintenance”

   StrikesPage 4, line 6Printed page

   In H.R. 3 · Reported in House

   (a) Exclusive Jurisdiction.--Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine--

   (1) the validity of any final order or action (including a failure to act) of any Federal agency or officer with respect to issuance of a permit relating to the construction [struck: or maintenance ]of the Keystone XL pipeline, including any final order or action deemed to be taken, made, granted, or issued;

   (2) the constitutionality of any provision of this Act, or any decision or action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this Act; or

   Original wording

   Page 4, line 6, strike “or maintenance”.

2. 2

   Change 2: Strikes “or operation and maintenance”

   StrikesPage 5, line 23Printed page

   In H.R. 3 · Reported in House

   (2) for purposes of that Act, the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat.

   (b) Biological Opinion.--The Secretary of the Interior is deemed to have issued a written statement setting forth the Secretary's opinion containing such findings under section 7(b)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)(A)) and any taking of the American burying beetle that is incidental to the construction [struck: or operation and maintenance ]of the Keystone XL pipeline as it may be ultimately defined in its entirety, shall not be considered a prohibited taking of such species under such Act.

   SEC. 6. RIGHT-OF-WAY AND TEMPORARY USE PERMIT.

   Original wording

   Page 5, line 23, strike “or operation and maintenance”.

3. 3

   Change 3: Strikes “, operation, and maintenance”

   StrikesPage 6, line 18Printed page

   In H.R. 3 · Reported in House

   SEC. 7. PERMITS FOR ACTIVITIES IN NAVIGABLE WATERS.

   (a) Issuance of Permits.--The Secretary of the Army, not later than 90 days after receipt of an application therefor, shall issue all permits under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) and section 10 of the Act of March 3, 1899 (33 U.S.C. 403; commonly known as the Rivers and Harbors Appropriations Act of 1899), necessary for the construction[struck: , operation, and maintenance ][inserted: ]of the pipeline described in the May 4, 2012, application referred to in section 3, as supplemented by the Nebraska reroute. The application shall be based on the administrative record for the pipeline as of the date of enactment of this Act, which shall be considered complete.

   (b) Waiver of Procedural Requirements.--The Secretary may waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this section.

   Original wording

   Page 6, beginning on line 18, strike “, operation, and maintenance”.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed