119-s1485

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1485 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1485

 To establish a more uniform, transparent, and modern process to 
 authorize the construction, connection, operation, and maintenance of 
 international border-crossing facilities for the import and export of 
 oil and natural gas and the transmission of electricity.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 April 10, 2025

 Mr. Hoeven introduced the following bill; which was read twice and 
 referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

 A BILL

 To establish a more uniform, transparent, and modern process to 
 authorize the construction, connection, operation, and maintenance of 
 international border-crossing facilities for the import and export of 
 oil and natural gas and the transmission of electricity.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``North American Energy Act''.

SEC. 2. APPROVAL FOR BORDER-CROSSING FACILITIES.

    (a) 

=== Definitions. ===
-In this section:

    (1) Appropriate federal agencies.--The term ``appropriate 
 Federal agencies'' means the Secretary of Defense, the Attorney 
 General, the Secretary of the Interior, the Secretary of 
 Commerce, the Secretary of Transportation, the Secretary of 
 Energy, the Secretary of Homeland Security, the Administrator 
 of the Environmental Protection Agency, and, for applications 
 concerning the border with Mexico, the United States 
 Commissioner of the International Boundary and Water 
 Commission.

    (2) Border-crossing facility.--The term ``border-crossing 
 facility'' means--
        (A) the portion of an oil pipeline between an 
 international boundary and the first mainline valve on 
 the United States side of an international boundary; 
 and
        (B) the portion of a natural gas pipeline or 
 electric transmission facility that is located at an 
 international boundary of the United States.

    (3) Electric reliability organization; regional entity.--
 The terms ``Electric Reliability Organization'' and ``regional 
 entity'' have the meanings given those terms in 

section 215 of 
 the Federal Power Act (16 U.S.C. 824o).

    (4) Independent system operator; regional transmission 
 organization.--The terms ``Independent System Operator'' and 
 ``Regional Transmission Organization'' have the meanings given 
 those terms in 

section 3 of the Federal Power Act (16 U.S.C. 
 796).

    (5) Modification.--The term ``modification'' includes a 
 reversal of flow direction, change in ownership, change in flow 
 volume, change in product delivered, addition or removal of an 
 interconnection, or an adjustment to regulate flow (such as a 
 reduction or increase in the number of pump or compressor 
 stations or valves).

    (6) Natural gas.--The term ``natural gas'' has the meaning 
 given that term in 

section 2 of the Natural Gas Act (15 U.S.C. 
 717a).

    (7) Oil.--The term ``oil'' means petroleum or a petroleum 
 product.

    (b) Authorization of Certain Energy Infrastructure Projects at an 
International Boundary of the United States.--

    (1) Authorization.--Except as provided in paragraph

    (3) and 
 subsection

    (f) , no person may construct, connect, or operate, a 
 border-crossing facility for the import or export of oil or 
 natural gas, or the transmission of electricity, across an 
 international border of the United States without obtaining a 
 certificate of crossing for the border-crossing facility under 
 this subsection.

    (2) Certificate of crossing.--
        (A) Requirement.--Not later than 90 days after 
 final action is taken, by the relevant official or 
 agency identified under subparagraph
        (B) , under the 
 National Environmental Policy Act of 1969 (42 U.S.C. 
 4321 et seq.) with respect to a border-crossing 
 facility for which a person requests a certificate of 
 crossing under this subsection, the relevant official 
 or agency, in consultation with appropriate Federal 
 agencies, shall issue a certificate of crossing for the 
 border-crossing facility unless the relevant official 
 or agency finds that the construction, connection, or 
 operation, of the border-crossing facility is not in 
 the public interest of the United States.
        (B) Relevant official or agency.--The relevant 
 official or agency referred to in subparagraph
        (A) is--
            (i) the Federal Energy Regulatory 
 Commission with respect to border-crossing 
 facilities consisting of oil or natural gas 
 pipelines; and
            (ii) the Secretary of Energy with respect 
 to border-crossing facilities consisting of 
 electric transmission facilities.
            (C) 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 
 facility, the Secretary of Energy shall require, as a 
 condition of issuing the certificate of crossing under 
 subparagraph
        (A) , that the border-crossing facility be 
 constructed, connected, operated, or maintained 
 consistent with all applicable policies and standards 
 of--
            (i) the Electric Reliability Organization 
 and the applicable regional entity; and
            (ii) any Regional Transmission Organization 
 or Independent System Operator with operational 
 or functional control over the border-crossing 
 facility.

    (3) Exclusions.--This subsection shall not apply to any 
 construction, connection, operation, or maintenance of a 
 border-crossing facility for the import or export of oil or 
 natural gas, or the transmission of electricity--
        (A) if the border-crossing facility is operating 
 for such import, export, or transmission as of the date 
 of enactment of this Act;
        (B) if a permit described in subsection

    (e) for the 
 construction, connection, operation, or maintenance has 
 been issued; or
            (C) if an application for a permit described in 
 subsection

    (e) for the construction, connection, 
 operation, or maintenance is pending on the date of 
 enactment of this Act, until the earlier of--
            (i) the date on which such application is 
 denied; or
            (ii) 2 years after the date of enactment of 
 this Act, if such a permit has not been issued 
 by such date.

    (4) Effect of other laws.--
        (A) Application to projects.--Nothing in this 
 subsection or subsection

    (f) 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 subsection.
        (B) Natural gas act.--Nothing in this subsection or 
 subsection

    (f) shall affect the requirement to obtain 
 approval or authorization under sections 3 and 7 of the 
 Natural Gas Act (15 U.S.C. 717b, 717f) for the siting, 
 construction, or operation of any facility to import or 
 export natural gas.
            (C) Oil pipelines.--Nothing in this subsection or 
 subsection

    (f) shall affect the authority of the 
 Federal Energy Regulatory Commission with respect to 
 oil pipelines under 

section 60502 of title 49, United 
 States Code.
            (D) Scope of nepa review.--Nothing in this Act, or 
 the amendments made by this Act, shall affect the scope 
 of any review required to be conducted under 

section 102 of the National Environmental Policy Act of 1969 
 (42 U.S.C. 4332) with respect to a project for which a 
 certificate of crossing for a border-crossing facility 
 is requested under this subsection.
            (c) Importation or Exportation of Natural Gas to Canada and 
Mexico.--

Section 3
            (c) of the Natural Gas Act (15 U.S.C. 717b
            (c) ) is 
amended by adding at the end the following: ``In the case of an 
application for the importation of natural gas from, or the exportation 
of natural gas to, Canada or Mexico, the Commission shall grant the 
application not later than 30 days after the date on which the 
Commission receives the complete application.''.
            (d) Transmission of Electric Energy to Canada and Mexico.--

    (1) Repeal of requirement to secure order.--

Section 202

    (e) of the Federal Power Act (16 U.S.C. 824a

    (e) ) is repealed.

    (2) Conforming amendments.--
        (A) State regulations.--

Section 202

    (f) of the 
 Federal Power Act (16 U.S.C. 824a

    (f) ) 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

    (e) ''.
        (B) Seasonal diversity electricity exchange.--
 

Section 602

    (b) of the Public Utility Regulatory 
 Policies Act of 1978 (16 U.S.C. 824a-4

    (b) ) is amended 
 by striking ``the Commission has conducted hearings and 
 made the findings required under 

section 202

    (e) 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 Secretary.''.

    (e) No Presidential Permit Required.--No Presidential permit (or 
similar permit) shall be required pursuant to any provision of law or 
Executive order for the construction, connection, operation, or 
maintenance of an oil or natural gas pipeline or electric transmission 
facility, or any border-crossing facility thereof.

    (f) Modifications to and Maintenance of Existing Projects.--No 
certificate of crossing under subsection

    (b) , or permit described in 
subsection

    (e) , shall be required for a modification to or maintenance 
of--

    (1) 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 Act;

    (2) an oil or natural gas pipeline or electric transmission 
 facility for which a permit described in subsection

    (e) has 
 been issued; or

    (3) a border-crossing facility for which a certificate of 
 crossing has previously been issued under subsection

    (b) .

    (g) Effective Dates; Rulemaking Deadlines.--

    (1) Effective date.--Subsections

    (b) through

    (f) and the 
 amendments made by such subsections shall take effect on the 
 date that is 1 year after the date of enactment of this Act.

    (2) Rulemaking deadlines.--Each relevant official or agency 
 described in subsection

    (b)

    (2)
        (B) shall--
        (A) not later than 180 days after the date of 
 enactment of this Act, publish in the Federal Register 
 notice of a proposed rulemaking to carry out the 
 applicable requirements of subsection

    (b) ; and
        (B) not later than 1 year after the date of 
 enactment of this Act, publish in the Federal Register 
 a final rule to carry out the applicable requirements 
 of subsection

    (b) .

    (h) Judicial Review.--

    (1) In general.--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 business, or in the United States Court of 
 Appeals for the District of Columbia.

    (2) Deadline.--A petition for review under paragraph

    (1) must be filed not later than 60 days after a final agency 
 action is taken under this section.
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