Central ND News

In a recent development, Congresswoman Julie Fedorchak's legislation, the Promoting Cross-Border Energy Infrastructure Act, has been included in Section 41002 of the House Committee on Energy and Commerce’s Budget Reconciliation Energy Subtitle. The provision is designed to boost North American energy collaboration and fortify U.S. energy security through strategic alliances with Canada and Mexico. It aims to streamline the permitting process for projects linking U.S. energy resources with international markets, providing greater certainty to developers, regulators, and allies.

"For too long, energy developers have faced an unpredictable, outdated permitting process that has delayed or even canceled critical infrastructure projects—costing jobs and weakening American energy security. The Keystone XL pipeline should have been a wake-up call," said Fedorchak. "We need a cross-border permitting process that supports investment and infrastructure—one that can’t be undone by the stroke of a pen."

The current law involves a complex mix of presidential permits, agency-specific procedures, and executive discretion for cross-border oil, gas, and electricity projects. This complexity has led to regulatory uncertainty and project delays as seen with the Keystone XL pipeline.

The Promoting Cross-Border Energy Infrastructure Act seeks to address these challenges by establishing a streamlined approach for approving facilities involved in importing and exporting oil, natural gas, and electricity transmission.

Key elements of the bill include:

- Certificate of Crossing: This provision allows those constructing or operating border-crossing facilities between the U.S., Canada, or Mexico to obtain a streamlined Certificate of Crossing through either FERC or DOE instead of relying on State Department approval.

- Agency Oversight: The Federal Energy Regulatory Commission (FERC) will handle applications for oil and natural gas pipelines while the Department of Energy (DOE) will oversee electric transmission facilities.

- Deadline Compliance: Both FERC and DOE are mandated to adhere to specific deadlines when issuing certificates or approving import/export applications.

- Congressional Approval Requirement: Any revocation of previously issued permits related to border-crossing energy infrastructure must receive Congressional approval.

This legislation introduces a consistent statutory framework aimed at providing regulatory certainty for developers while protecting critical infrastructure from political shifts. The bill also strengthens U.S. partnerships with Canada and Mexico in terms of energy cooperation.

Previously introduced in several Congresses including the 115th where it passed the House with bipartisan support, this legislative effort continues its journey toward implementation.