S.Amdt. 169

SA 169. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven,
Mr. Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin,
Mr. Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito)
to the bill S. 1, to approve the Keystone XL Pipeline; which was
ordered to lie on the table; as follows:

Beginning on page 1, strike line 9 and all that follows
through the end of the amendment and insert the following:
cross-border facilities described in the application filed
on May 4, 2012, by TransCanada Corporation to the Department
of State (including any subsequent revision to the pipeline
route within the State of Nebraska required or authorized by
the State of Nebraska).
(b) Permits.--Any Federal permit or authorization issued
before the date of enactment of this Act for the cross-border
facilities referred to in subsection (a) shall remain in
effect.
(c) Judicial Review.--Except for review in the Supreme
Court of the United States, the United States Court of
Appeals for the District of Columbia Circuit shall have
original and exclusive jurisdiction over any civil action for
the review of an order or action of a Federal agency
regarding the cross-border facilities described in subsection
(a), and the related facilities in the United States, that
are approved by this Act (including any order granting a
permit or right-of-way, or any other agency action taken to
construct or complete the project pursuant to Federal law).
(d) Private Property Savings Clause.--Nothing in this Act
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 cross-border facilities described in subsection
(a).
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