I thank the ranking member of the committee for yielding. Maybe in my 4 minutes, I can convince him. Mr. Chairman, I rise today as a proud cosponsor and in support of H.R. 3301, the North American Energy Infrastructure Act. Passing H.R.…
I thank the ranking member of the committee for yielding. Maybe in my 4 minutes, I can convince him.
Mr. Chairman, I rise today as a proud cosponsor and in support of H.R. 3301, the North American Energy Infrastructure Act.
Passing H.R. 3301 will help create the North American energy market. It will help make us energy-independent for North America, between our two free trading partners, Mexico and Canada.
But I also need to correct the record. There is a lot of misinformation about this legislation, and I hope to make a few things clear.
Commerce decisions are the responsibility of Congress. Today we can have 1,000 tank-car trains with crude oil come from Canada without a permit, but to build a pipeline, it has been delayed for years because it couldn't get a Presidential permit. We can bring the same substance from Canada in train cars, but we can't put it on a safer mode of pipelines.
Congress has not acted on legislative cross-border infrastructure since 1850. I think it is time to change that.
The Presidential permit process that my colleague is defending so vigorously is an executive order process that could be changed depending on who is in the White House. My colleague may support the process now but may oppose the process later.
H.R. 3301 gives statutory certainty to build transmission lines, oil pipelines, or natural gas pipelines with our two free trade neighbors, Canada and Mexico. H.R. 3301 eliminates uncertainty that has crippled infrastructure development.
These pipelines are not paid for by tax money. They are paid for by investors.
H.R. 3301 does not eliminate or limit environmental reviews of cross- border infrastructure. In fact, the bill cements environmental reviews by putting it into law. The bill does not eliminate the public interests or deem applications approved. The bill guarantees the public interest must be met but in a timely fashion.
Finally, the bill does not apply to the current project applications, like Keystone XL. This bill doesn't go into effect if it is passed by the Senate until 2016. Keystone may or may not have their project approval or their plan approval by then, but they would have to get back in line with everyone else after this bill goes into effect. We have safeguarded against this by grandfathering current applications and delaying the effective date until mid-2016.
There are more than 60 cross-border projects that have been built over the last few decades. But today, there are more than 10 applications at the State Department awaiting action because political decisions have been bogged down in the process.
Cross-border infrastructure is important in the public interest. The State Department has stated: ``Additional pipeline capacity will advance the strategic interests of the United States, send positive economic signals, and provide construction jobs for workers in the
Mr. Chairman, I thank my colleague for yielding to me. As ranking member on the Health Subcommittee, I, too, am hesitant to rise and oppose your amendment. What the amendment would do is it would ensure that the complete length of cross-border projects would be subject to full environmental review under the National Environmental Policy Act.
The bill already guarantees that review at the national boundary based with the Department of Energy.
Existing Federal and State law guarantees an environmental review on the complete length of the project.
Current Federal laws that trigger NEPA reviews in addition to H.R. 3301 include the Clean Water Act, the Clean Air Act, the Endangered Species Act, the Mineral Leasing Act, the Rivers and Harbors Act, the Fish and Wildlife Coordination for Fish and Wildlife Service consultation, the National Wildlife Refuge System Administration Act, the Wilderness Act, and the Federal Land Policy and Management Act.
The intent of this bill is not to eliminate any of the NEPA reviews within the continental United States. The problem we have right now is the Department of State is making a decision that really ought to be Federal agencies and even State governments who would need that.
If this amendment was adopted, it would require a State Department or a Presidential permit, and then all of the other agencies, and so it would make it impossible.
The argument for this bill, if you are opposed to Keystone, then you are allowing literally a thousand-car train of crude oil to come across the border now without any of these reviews. A pipeline is inherently safer. That is why we need to bring that crude oil by pipeline from Canada to the gulf coast, where our refining capacity is.
The amendment would actually expand what is under current law. It would make it even harder. The goal of the legislation is to have this North American energy independence market, and we don't need to throw up more roadblocks to keep companies from importing or exporting to Canada or importing or exporting to Mexico, where we already have free trade agreements.
I urge a ``no'' vote on the amendment.
Mr. Chairman, I thank my friend and colleague for yielding.
Ranking Member Waxman's amendment excludes any project with a pending permit application from the new approval requirements in the bill. The bill does not deal with Keystone XL. The bill shall not apply if an application for a permit for construction, connection, operation, or maintenance is pending. That is what the bill does, H.R. 3301.
The bill does not apply until after July 1, 2016. We are in 2014 now. Keystone XL has been at the State Department and White House for at least 5 years, and are they going to wait another 2 years? Now, if they want to wait until July 1, 2016, they would have to refile and start all over. But this bill has nothing to do with the Keystone permit. They could stand in line like anyone else after July 1, 2016, stand in line and get their permit. I would assume we would have a number of them.
But let me first take some time, and I appreciate my colleague, Ranking Member Waxman. I have been on the Energy and Commerce Committee since 1997, and most of the time we agree, but we do represent individual districts. But I want to say that I appreciate Mr. Waxman's service. We have worked together on a lot of legislation in the committee and even on the floor, but, obviously, we have a disagreement on energy. That is why I think the amendment is not needed, because the bill already prohibits it from applying to any current permit in the law.
Again, Mr. Waxman, I thank you for your service. I will miss you because I enjoy our discussions.
Mr. Chair, I thank my colleague for yielding me time.
I, too, understand where my colleague on the committee and Congressman Welch--let me leave with you one of our examples. You include also pipeline name changes in here. I understand your issue is reversing the flow. I would be glad to work with you, but I have a company that has been waiting years. They bought a pipeline coming from Canada into the United States. They have waited years just for the State Department to change their name.
What really bothered me--and I have contacted the State Department-- the State Department said: Oh, well, we are looking at it, but we know you are going to build a lateral from North Dakota into your U.S. part of the line, and we do evaluate that.
The State Department has no right to evaluate those pipelines. It is on our property in the United States. They have the cross-border. What we are seeing is expansion of State Department authority.
I agree that you have an issue and I would like to see if we could work with you on it, but it shouldn't take 3 years to change a name because another company bought it. And believe me, I think the State Department is trying to overreach by saying: By the way, we are going to evaluate what you are doing in the continental United States.
We already have Federal agencies--the Federal Energy Regulatory Commission and a host of Federal agencies--that will evaluate that pipeline that is in our country. The State Department needs to take care of their business. That is what worries me about your amendment, so I ask for a ``no'' vote.
I would love to work with you, because I think if there is a reverse flow, I think somebody needs to look at it. I appreciate it. I still request a ``no'' vote.