,,ii  #aahth ,,congress  #ast ,session  
,s4 #ihi  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,march #bg1         
#bjbc,mr4 ,hoeven 7for himself1 ,mr4    
,mullin1 ,mr4 ,sullivan1 and ,mr4 ,budd7
 introduced the following bill2 which   
was read twice and referred to the      
,committee on ,energy and ,natural      
,resources  ,a ,,bill  ,to establish a  
more uniform1 transparent1 and modern   
process to authorize the construction1  
connection1 operation1 and maintenance  
of international border-crossing        
facilities for the import and export of 
oil and natural gas and the transmission
 of electricity4  #a4 ,short title ,this
 ,act may be cited as the ,north        
,american ,energy ,act4  #b4 ,approval  
for border-crossing facilities  7a7     
,authorization of certain energy        
infrastructure projects at an           
international boundary of the ,united   
,states  7#a7 ,authorization ,except as 
provided in paragraph 7#c7 and          
subsection 7e71 no person may construct1

 connect1 or operate1 a border-crossing 
facility for the import or export of oil
 or natural gas1 or the transmission of 
electricity1 across an international    
border of the ,united ,states without   
obtaining a certificate of crossing for 
the border-crossing facility under this 
subsection4  7#b7 ,certificate of       
crossing  7,a7 ,requirement ,not later  
than #ij days after final action is     
taken1 by the relevant official or      
agency identified under subparagraph    
7,b71 under the ,national ,environmental
 ,policy ,act of #aifi 7#db ,u4,s4,c4   
#dcba et seq47 with respect to a        
border-crossing facility for which a    
person requests a certificate of        
crossing under this subsection1 the     
relevant official or agency1 in         
consultation with appropriate ,federal  
agencies1 shall issue a certificate of  
crossing for the border-crossing        
facility unless the relevant official or
 agency finds that the construction1    
connection1 or operation1 of the        

border-crossing facility is not in the  
public interest of the ,united ,states4 
7,b7 ,relevant official or agency ,the  
relevant official or agency referred to 
in subparagraph 7,a7 is-- 7i7 the       
,federal ,energy ,regulatory ,commission
 with respect to border-crossing        
facilities consisting of oil or natural 
gas pipelines2 and  7ii7 the ,secretary 
of ,energy with respect to              
border-crossing facilities consisting of
 electric transmission facilities4  7,c7
 ,additional requirement for electric   
transmission facilities ,in the case of 
a request for a certificate of crossing 
for a border-crossing facility          
consisting of an electric transmission  
facility1 the ,secretary of ,energy     
shall require1 as a condition of issuing
 the certificate of crossing under      
subparagraph 7,a71 that the             
border-crossing facility be constructed1
 connected1 operated1 or maintained     
consistent with all applicable policies 
and standards of-- 7i7 the ,electric    

,reliability ,organization and the      
applicable regional entity2 and  7ii7   
any ,regional ,transmission             
,organization or ,independent ,system   
,operator with operational or functional
 control over the border-crossing       
facility4  7#c7 ,exclusions ,this       
subsection shall not apply to any       
construction1 connection1 operation1 or 
maintenance of a border-crossing        
facility for the import or export of oil
 or natural gas1 or the transmission of 
electricity-- 7,a7 if the               
border-crossing facility is operating   
for such import1 export1 or transmission
 as of the date of enactment of this    
,act2  7,b7 if a permit described in    
subsection 7d7 for the construction1    
connection1 operation1 or maintenance   
has been issued2 or  7,c7 if an         
application for a permit described in   
subsection 7d7 for the construction1    
connection1 operation1 or maintenance is
 pending on the date of enactment of    
this ,act1 until the earlier of-- 7i7   

the date on which such application is   
denied2 or  7ii7 #b years after the date
 of enactment of this ,act1 if such a   
permit has not been issued by such date4
  7#d7 ,effect of other laws  7,a7      
,application to projects ,nothing in    
this subsection or subsection 7e7 shall 
affect the application of any other     
,federal statute to a project for which 
a certificate of crossing for a         
border-crossing facility is requested   
under this subsection4  7,b7 ,natural   
,gas ,act ,nothing in this subsection or
 subsection 7e7 shall affect the        
requirement to obtain approval or       
authorization under sections #c and #g  
of the ,natural ,gas ,act 7#ae ,u4,s4,c4
 #gag;b1 #gag;f7 for the siting1        
construction1 or operation of any       
facility to import or export natural    
gas4  7,c7 ,oil pipelines ,nothing in   
this subsection or subsection 7e7 shall 
affect the authority of the ,federal    
,energy ,regulatory ,commission with    
respect to oil pipelines under section  

#fjejb of title #di1 ,united ,states    
,code4  7,d7 ,scope of ,,nepa review    
,nothing in this ,act1 or the amendments
 made by this ,act1 shall affect the    
scope of any review required to be      
conducted under section #ajb of the     
,national ,environmental ,policy ,act of
 #aifi 7#db ,u4,s4,c4 #dccb7 with       
respect to a project for which a        
certificate of crossing for a           
border-crossing facility is requested   
under this subsection4  7b7 ,importation
 or exportation of natural gas to canada
 and mexico ,section #c7;c7 of the      
,natural ,gas ,act 7#ae ,u4,s4,c4       
#gag;b7c77 is amended by adding at the  
end the following3 ,in the case of an   
application for the importation of      
natural gas from1 or the exportation of 
natural gas to1 ,canada or ,mexico1 the 
,commission shall grant the application 
not later than #cj days after the date  
on which the ,commission receives the   
complete application44  7c7             
,transmission of electric energy to     

,canada and ,mexico  7#a7 ,repeal of    
requirement to secure order ,section    
#bjb7;e7 of the ,federal ,power ,act    
7#af ,u4,s4,c4 #hbd;a7e77 is repealed4  
7#b7 ,conforming amendments  7,a7 ,state
 regulations ,section #bjb7;f7 of the   
,federal ,power ,act 7#af ,u4,s4,c4     
#hbd;a7f77 is amended by striking       
insofar as such ,state regulation does  
not conflict with the exercise of the   
,commission's powers under or relating  
to subsection 7e74  7,b7 ,seasonal      
diversity electricity exchange ,section 
#fjb7;b7 of the ,public ,utility        
,regulatory ,policies ,act of #aigh 7#af
 ,u4,s4,c4 #hbd;a-#d7;b77 is amended by 
striking the ,commission has conducted  
hearings and made the findings required 
under section #bjb7;e7 of the ,federal  
,power ,act and all that follows through
 the period at the end and inserting the
 ,secretary has conducted hearings and  
finds that the proposed transmission    
facilities would not impair the         
sufficiency of electric supply within   

the ,united ,states or would not impede 
or tend to impede the coordination in   
the public interest of facilities       
subject to the jurisdiction of the      
,secretary44  7d7 ,no presidential      
permit required ,no ,presidential permit
 7or similar permit7 shall be required  
pursuant to any provision of law or     
,executive order for the construction1  
connection1 operation1 or maintenance of
 an oil or natural gas pipeline or      
electric transmission facility1 or any  
border-crossing facility thereof4  7e7  
,modifications to and maintenance of    
existing projects ,no certificate of    
crossing under subsection 7a71 or permit
 described in subsection 7d71 shall be  
required for a modification to or       
maintenance of-- 7#a7 an oil or natural 
gas pipeline or electric transmission   
facility that is operating for the      
import or export of oil or natural gas  
or the transmission of electricity as of
 the date of enactment of this ,act2    
7#b7 an oil or natural gas pipeline or  

electric transmission facility for which
 a permit described in subsection 7d7   
has been issued2 or  7#c7 a             
border-crossing facility for which a    
certificate of crossing has previously  
been issued under subsection 7a74  7f7  
,effective dates2 rulemaking deadlines  
7#a7 ,effective date ,subsections 7a7   
through 7e7 and the amendments made by  
such subsections shall take effect on   
the date that is #a year after the date 
of enactment of this ,act4  7#b7        
,rulemaking deadlines ,each relevant    
official or agency described in         
subsection 7a77#b77;,b7 shall-- 7,a7 not
 later than #ahj days after the date of 
enactment of this ,act1 publish in the  
,federal ,register notice of a proposed 
rulemaking to carry out the applicable  
requirements of subsection 7a72 and     
7,b7 not later than #a year after the   
date of enactment of this ,act1 publish 
in the ,federal ,register a final rule  
to carry out the applicable requirements
 of subsection 7a74  7g7 ,judicial      

review ,any entity aggrieved by a final 
agency action taken under this section  
may obtain a review of such action by   
filing a petition for review in the     
,united ,states ,court of ,appeals for  
any circuit wherein an applicant for    
authorization under this section is     
located or has its principal place of   
business1 or in the ,united ,states     
,court of ,appeals for the ,district of 
,columbia4 ,the petition must be filed  
not later than #fj days after such      
action is taken4  7h7 ,definitions ,in  
this section3 7#a7 ,appropriate ,federal
 agencies ,the term appropriate ,federal
 agencies in subsection 7a77#b77;,a7    
means the ,secretary of ,defense1 the   
,attorney ,general1 the ,secretary of   
the ,interior1 the ,secretary of        
,commerce1 the ,secretary of            
,transportation1 the ,secretary of      
,energy1 the ,secretary of ,homeland    
,security1 the ,administrator of the    
,environmental ,protection ,agency1 and1
 for applications concerning the border 

with ,mexico1 the ,united ,states       
,commissioner of the ,international     
,boundary and ,water ,commission4  7#b7 
,border-crossing facility ,the term     
border-crossing facility means-- 7,a7   
the portion of an oil pipeline between  
an international boundary and the first 
mainline valve on the ,united ,states   
side of an international boundary2 and  
7,b7 the portion of a natural gas       
pipeline or electric transmission       
facility that is located at an          
international boundary of the ,united   
,states4  7#c7 ,electric ,reliability   
,organization2 ,regional entity ,the    
terms ,electric ,reliability            
,organization and regional entity have  
the meanings given those terms in       
section #bae of the ,federal ,power ,act
 7#af ,u4,s4,c4 #hbdo74  7#d7           
,independent ,system ,operator2         
,regional ,transmission ,organization   
,the terms ,independent ,system         
,operator and ,regional ,transmission   
,organization have the meanings given   

those terms in section #c of the        
,federal ,power ,act 7#af ,u4,s4,c4     
#gif74  7#e7 ,modification ,the term    
modification includes a reversal of flow
 direction1 change in ownership1 change 
in flow volume1 change in product       
delivered1 addition or removal of an    
interconnection1 or an adjustment to    
regulate flow 7such as a reduction or   
increase in the number of pump or       
compressor stations or valves74  7#f7   
,natural gas ,the term natural gas has  
the meaning given that term in section  
#b of the ,natural ,gas ,act 7#ae       
,u4,s4,c4 #gag;a74  7#g7 ,oil ,the term 
oil means petroleum or a petroleum      
product4