North American Energy Act

Summary#

This bill creates a federal process for approving facilities that cross the United States border to import or export oil, natural gas, or transmit electricity. It defines a "border-crossing facility" and other terms. For new projects, people must get a "certificate of crossing." The Federal Energy Regulatory Commission (FERC) handles certificates for oil and natural gas pipelines. The Secretary of Energy handles certificates for electric transmission lines and must require those lines to meet reliability organization and regional operator rules. After a final NEPA action, the relevant agency must issue the certificate within 90 days unless it finds the project is not in the public interest. The bill says no presidential permit (or similar permit) is needed for these cross-border facilities. It preserves other legal requirements: it does not change the scope of NEPA review, and it does not remove approvals required under the Natural Gas Act or FERC authority over oil pipelines. The bill also adds a 30-day deadline for the Commission to grant complete applications to import or export natural gas to Canada or Mexico. Existing operating facilities, projects with already issued permits, or pending permit applications are generally excluded. Modifications or maintenance of existing, operating, or previously permitted projects do not need a new certificate. The new rules (most subsections) take effect one year after enactment. Agencies must start rulemakings within 180 days and finish final rules within one year. Entities can seek judicial review of final agency actions in a U.S. Court of Appeals, and petitions must be filed within 60 days.

What it means for you#

  • Companies building cross-border oil, gas, or power lines will generally need a certificate of crossing from FERC (for pipelines) or the Secretary of Energy (for transmission) after NEPA review.
  • Existing cross-border facilities and projects with existing permits are mostly exempt.
  • Presidential permits will no longer be required for these border-crossing facilities.
  • The bill sets deadlines for agency decisions and rulemaking, so agencies will have new timelines to follow.

Expenses#

No publicly available information.

Proponents' View#

The bill states its purpose is to establish a more uniform, transparent, and modern process for authorizing cross-border energy facilities. It includes deadlines and clear agency roles to speed and standardize approvals.

Opponents' View#

No publicly available information.