Markwayne Mullin (Republican – Oklahoma) proposed H.R. 2883 to prohibit any person from constructing, connecting, operating, or maintaining a border-crossing facility for the import or export or oil, natural gas, or electricity across an international border of the United States without first obtaining a certificate of crossing.
The Bill was introduced on June 12, 2017 and sent to the House Committees on Energy And Commerce, Transportation and Infrastructure, and Natural Resources. The Bill was amended by the Committee on Energy and Commerce on July 17, 2017 and discharge by the Committees on Transportation and Natural Resources on the same day. The bill was passed in the House on July 19, 2017 with a vote of 254-175 and forwarded to the Senate. The bill was placed with the Senate Committee on Energy And Natural Resources on July 20, 2017.
The Bill prevents anyone from constructing a new pipeline, connecting a pipeline, any border crossing facilities for the import or export of oil, natural gas, or electricity across any United States international borders without obtaining a certificate of crossing. The Federal Energy Regulatory Commission (FERC) (oil and gas pipelines) or Department of Energy (electricity) must issue a certificate of crossing within 120 day after final action is taken under the National Environmental Policy Act of 1969; however, they do not have to take action if it is not in the best interests of the public.
The Department of Energy must require that the border-crossing facility be constructed, connected, operated, and maintained in accordance with required standards and policies.
The bill amends the Natural Gas Act to require FERC to approve an application to export or import natural gas to/from Canada or Mexico within 30 days.
There are to be no presidential executive orders required to obtain a permit for any transmission facility, including the border-crossing facilities.
This law does not apply to existing facilities.
H. Amdt 207 – Eliot Engel (Democrat- New York) offered an amendment to ensure that permitting authority for cross-border pipelines remains with the Department of State. The amendment failed with a vote of 182-246.
H. Amdt 208 – Niki Tsongas (Democrat – Massachusetts) offered an amendment to state that FERC may not issue a certificate of crossing if any portion of the oil or natural gas pipeline is to be located on lands required under Federal, State, or local law to be managed for purposes of natural resource conservation or recreation. The amendment failed by a vote of 179-247
H. Amdt 209 – Gene Green (Democrat – Texas) offered an amendment to clarify the applicability of the National Environmental Policy Act of 1969 (NEPA) to projects affected by the bill. The amendment passed by a voice vote.
Gene Green (Democrat – Texas)
Pete Sessions (Republican – Texas)