,,ii  ,calendar ,no4 #ha  #aacth        
,,congress  #ast ,session  ,h4 ,r4 #c   
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,may #bc1 #bjac ,received2    
read the first time  ,june #c1 #bjac    
,read the second time and placed on the 
calendar  ,,an ,,act  ,to approve the   
construction1 operation1 and maintenance
 of the ,keystone ,,xl pipeline1 and for
 other purposes4  #a4 ,short title ,this
 ,act may be cited as the ,northern     
,route ,approval ,act4  #b4 ,findings   
,the ,congress finds the following3     
7#a7 ,to maintain our ,nation's         
competitive edge and ensure an economy  
built to last1 the ,united ,states must 
have fast1 reliable1 resilient1 and     
environmentally sound means of moving   
energy4 ,in a global economy1 we will   
compete for the world's investments     
based in significant part on the quality
 of our infrastructure4 ,investing in   
the ,nation's infrastructure provides   
immediate and long-term economic        
benefits for local communities and the  

,nation as a whole4  7#b7 ,the delivery 
of oil from ,canada1 a close ally not   
only in proximity but in shared values  
and ideals1 to domestic markets is in   
the national interest because of the    
need to lessen dependence upon insecure 
foreign sources4  7#c7 ,the ,keystone   
,,xl pipeline would provide both        
short-term and long-term employment     
opportunities and related labor income  
benefits1 such as government revenues   
associated with taxes4  7#d7 ,the ,state
 of ,nebraska has thoroughly reviewed   
and approved the proposed ,keystone ,,xl
 pipeline reroute1 concluding that the  
concerns of ,nebraskans have had a major
 influence on the pipeline reroute and  
that the reroute will have minimal      
environmental impacts4  7#e7 ,the       
,department of ,state and other ,federal
 agencies have over a long period of    
time conducted extensive studies and    
analysis of the technical aspects and of
 the environmental1 social1 and economic
 impacts of the proposed ,keystone ,,xl 

pipeline1 and--  7,a7 the ,department of
 ,state assessments found that the      
,keystone ,,xl pipeline is not likely to
 impact the amount of crude oil produced
 from the oil sands and that approval or
 denial of the proposed project is      
unlikely to have a substantial impact on
 the rate of development in the oil     
sands2  7,b7 the ,department of ,state  
found that incremental life-cycle       
greenhouse gas emissions associated with
 the ,keystone ,,xl project are         
estimated in the range of #j4jg to #j4hc
 million metric tons of carbon dioxide  
equivalents1 with the upper end of this 
range representing twelve               
one-thousandths of one percent of the   
#f1gjb million metric tons of carbon    
dioxide emitted in the ,united ,states  
in #bjaa2 and  7,c7 after extensive     
evaluation of potential impacts to land 
and water resources along the ,keystone 
,,xl pipeline's #hge mile proposed      
route1 the ,department of ,state found  
that ,the analyses of potential impacts 

associated with construction and normal 
operation of the proposed ,project      
suggest that there would be no          
significant impacts to most resources   
along the proposed ,project route       
7assuming ,keystone complies with all   
laws and required conditions and        
measures744  7#f7 ,the transportation of
 oil via pipeline is the safest and most
 economically and environmentally       
effective means of doing so1 and--  7,a7
 transportation of oil via pipeline has 
a record of unmatched safety and        
environmental protection1 and the       
,department of ,state found that ,spills
 associated with the proposed ,project  
that enter the environment expected to  
be rare and relatively small1 and that  
there is no evidence of increased       
corrosion or other pipeline threat due  
to viscosity of diluted bitumen oil that
 will be transported by the ,keystone   
,,xl pipeline2 and  7,b7 plans to       
incorporate #eg project-specific special
 conditions related to the design1      

construction1 and operations of the     
,keystone ,,xl pipeline led the         
,department of ,state to find that the  
pipeline will have a degree of safety   
over any other typically constructed    
domestic oil pipeline4  7#g7 ,the       
,keystone ,,xl is in much the same      
position today as the ,alaska ,pipeline 
in #aigc prior to congressional action4 
,once again1 the ,federal regulatory    
process remains an insurmountable       
obstacle to a project that is likely to 
reduce oil imports from insecure foreign
 sources4  #c4 ,keystone ,,xl permit    
approval ,notwithstanding ,executive    
,order ,no4 #acccg 7#c ,u4,s4,c4 #cja   
note71 ,executive ,order ,no4 #aadbc 7#c
 ,u4,s4,c4 #cja note71 section #cja of  
title #c1 ,united ,states ,code1 and any
 other ,executive order or provision of 
law1 no ,presidential permit shall be   
required for the pipeline described in  
the application filed on ,may #d1 #bjab1
 by ,trans,canada ,keystone ,pipeline1  
,l4,p4 to the ,department of ,state for 

the ,keystone ,,xl pipeline1 as         
supplemented to include the ,nebraska   
reroute evaluated in the ,final         
,evaluation ,report issued by the       
,nebraska ,department of ,environmental 
,quality in ,january #bjac and approved 
by the ,nebraska governor4 ,the final   
environmental impact statement issued by
 the ,secretary of ,state on ,august    
#bf1 #bjaa1 coupled with the ,final     
,evaluation ,report described in the    
previous sentence1 shall be considered  
to satisfy all requirements of the      
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dcba et seq47 and
 of the ,national ,historic             
,preservation ,act 7#af ,u4,s4,c4 #dgj  
et seq474  #d4 ,judicial review  7a7    
,exclusive jurisdiction ,except for     
review by the ,supreme ,court on writ of
 certiorari1 the ,united ,states ,court 
of ,appeals for the ,district of        
,columbia ,circuit shall have original  
and exclusive jurisdiction to           
determine--  7#a7 the validity of any   

final order or action 7including a      
failure to act7 of any ,federal agency  
or officer with respect to issuance of a
 permit relating to the construction or 
maintenance of the ,keystone ,,xl       
pipeline1 including any final order or  
action deemed to be taken1 made1        
granted1 or issued2  7#b7 the           
constitutionality of any provision of   
this ,act1 or any decision or action    
taken1 made1 granted1 or issued1 or     
deemed to be taken1 made1 granted1 or   
issued under this ,act2 or  7#c7 the    
adequacy of any environmental impact    
statement prepared under the ,national  
,environmental ,policy ,act of #aifi    
7#db ,u4,s4,c4 #dcba et seq471 or of any
 analysis under any other ,act1 with    
respect to any action taken1 made1      
granted1 or issued1 or deemed to be     
taken1 made1 granted1 or issued under   
this ,act4  7b7 ,deadline for filing    
claim ,a claim arising under this ,act  
may be brought not later than #fj days  
after the date of the decision or action

 giving rise to the claim4  7c7         
,expedited consideration ,the ,united   
,states ,court of ,appeals for the      
,district of ,columbia ,circuit shall   
set any action brought under subsection 
7a7 for expedited consideration1 taking 
into account the national interest of   
enhancing national energy security by   
providing access to the significant oil 
reserves in ,canada that are needed to  
meet the demand for oil4  #e4 ,american 
burying beetle  7a7 ,findings ,the      
,congress finds that--  7#a7            
environmental reviews performed for the 
,keystone ,,xl pipeline project satisfy 
the requirements of section #g of the   
,endangered ,species ,act of #aigc 7#af 
,u4,s4,c4 #aecf7;a77#b77 in its         
entirety2 and  7#b7 for purposes of that
 ,act1 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
 habitat4  7b7 ,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  
#g7;b77#a77;,a7 of the ,endangered      
,species ,act of #aigc 7#af ,u4,s4,c4   
#aecf7;b77#a77;,a77 and any taking of   
the ,american burying beetle that is    
incidental to the construction or       
operation and maintenance of the        
,keystone ,,xl pipeline as it may be    
ultimately defined in its entirety1     
shall not be considered a prohibited    
taking of such species under such ,act4 
#f4 ,right-of-way and temporary use     
permit ,the ,secretary of the ,interior 
is deemed to have granted or issued a   
grant of right-of-way and temporary use 
permit under section #bh of the ,mineral
 ,leasing ,act 7#cj ,u4,s4,c4 #ahe7 and 
the ,federal ,land ,policy and          
,management ,act of #aigf 7#dc ,u4,s4,c4
 #agja et seq471 as set forth in the    
application tendered to the ,bureau of  
,land ,management for the ,keystone ,,xl

 pipeline4  #g4 ,permits for activities 
in navigable waters  7a7 ,issuance of   
permits ,the ,secretary of the ,army1   
not later than #ij days after receipt of
 an application therefor1 shall issue   
all permits under section #djd of the   
,federal ,water ,pollution ,control ,act
 7#cc ,u4,s4,c4 #acdd7 and section #aj  
of the ,act of ,march #c1 #ahii 7#cc    
,u4,s4,c4 #djc2 commonly known as the   
,rivers and ,harbors ,appropriations    
,act of #ahii71 necessary for the       
construction1 operation1 and maintenance
 of the pipeline described in the ,may  
#d1 #bjab1 application referred to in   
section #c1 as supplemented by the      
,nebraska reroute4 ,the application     
shall be based on the administrative    
record for the pipeline as of the date  
of enactment of this ,act1 which shall  
be considered complete4  7b7 ,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        
section4  7c7 ,issuance in absence of   
action by the ,secretary ,if the        
,secretary has not issued a permit      
described in subsection 7a7 on or before
 the last day of the #ij-;day period    
referred to in subsection 7a71 the      
permit shall be deemed issued under     
section #djd of the ,federal ,water     
,pollution ,control ,act 7#cc ,u4,s4,c4 
#acdd7 or section #aj of the ,act of    
,march #c1 #ahii 7#cc ,u4,s4,c4 #djc71  
as appropriate1 on the day following    
such last day4  7d7 ,limitation ,the    
,administrator of the ,environmental    
,protection ,agency may not prohibit or 
restrict an activity or use of an area  
that is authorized under this section4  
#h4 ,migratory ,bird ,treaty ,act permit
 ,the ,secretary of the ,interior is    
deemed to have issued a special purpose 
permit under the ,migratory ,bird       
,treaty ,act 7#af ,u4,s4,c4 #gjc et     
seq471 as described in the application  
filed with the ,united ,states ,fish and

 ,wildlife ,service for the ,keystone   
,,xl pipeline on ,january #aa1 #bjac4   
#i4 ,oil spill response plan disclosure 
7a7 ,in general ,any pipeline owner or  
operator required under ,federal law to 
develop an oil spill response plan for  
the ,keystone ,,xl pipeline shall make  
such plan available to the ,governor of 
each ,state in which such pipeline      
operates to assist with emergency       
response preparedness4  7b7 ,updates ,a 
pipeline owner or operator required to  
make available to a ,governor a plan    
under subsection 7a7 shall make         
available to such ,governor any update  
of such plan not later than #g days     
after the date on which such update is  
made4  ,passed the ,house of            
,representatives ,may #bb1 #bjac4 ,karen
 ,l4 ,haas1 ,clerk  ,june #c1 #bjac     
,read the second time and placed on the 
calendar