H.R.3 - Northern Route Approval Act113th Congress (2013-2014)
Summary: H.R.3 — 113th Congress (2013-2014)
Passed House amended (05/22/2013)
Northern Route Approval Act - (Sec. 1) Declares that a presidential permit shall not be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, including the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor.
(Sec. 3) Deems the final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with such Final Evaluation Report, to satisfy all requirements of the National Environmental Policy Act of 1969 and of the National Historic Preservation Act.
(Sec. 4) Grants original and exclusive jurisdiction to the U.S. Court of Appeals for the District of Columbia Circuit to determine specified issues (except for review by the Supreme Court on writ of certiorari).
(Sec. 5) Deems the Secretary of the Interior to have issued a written statement setting forth the Secretary's opinion that 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.
States that any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline shall not be considered a prohibited taking of such species under the Endangered Species Act of 1973.
(Sec. 6) Deems the Secretary to have issued a grant of right-of-way and temporary use permit pursuant to the Mineral Leasing Act and the Federal Land Policy and Management Act of 1976.
(Sec. 7) Requires the Secretary of the Army, within 90 days after receipt of an application, to issue certain permits under the Federal Water Pollution Control Act and the Rivers and Harbors Appropriations Act of 1899 which are necessary for pipeline construction, operation, and maintenance described in the May 4, 2012, application, as supplemented by the Nebraska reroute. Deems such a permit issued on the 91st day if the Secretary has not issued them within 90 days after receipt of a permit application.
Authorizes such Secretary to waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this Act.
Prohibits the Administrator of the Environmental Protection Agency (EPA) from prohibiting or restricting an activity or use of an area authorized under this Act.
(Sec. 8) Deems the Secretary to have issued a special purpose permit under the Migratory Bird Treaty Act, as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013.
(Sec. 9) Requires a pipeline owner or operator required under federal law to develop an oil spill response plan for the Keystone XL pipeline to make such plan available to the governor of each state in which the pipeline operates. Requires a plan update to be submitted to the governor within seven days after it is made.