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S. Rept. 114-1 1 (2015-01-12)

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                                                           Calendar No. 2
                   114TH CONGRESS                                    REPORT
                     1st Session              SENATE                  114-1





                                    KEYSTONE XL PIPELINE


                                  JANUARY 12, 2015.-Ordered to be printed


                     Ms. MURKOWSKI,  from the Committee on Energy and Natural
                                 Resources, submitted the following


                                         REPORT

                                           together with

                                        MINORITY   VIEWS

                                        [To accompany S. 147]
                    The  Committee on Energy and Natural Resources, having consid-
                  ered the same, reports favorably an original bill (S. 147) to approve
                  the Keystone XL  Pipeline, and recommends that the bill do pass.
                                             PURPOSE
                    The  purpose of this measure is to approve the Keystone XL pipe-
                  line.
                                       BACKGROUND  AND NEED
                    Although the Federal Government  does not regulate the siting of
                  oil pipelines within the United States, the President has, for more
                  than  a century, asserted authority to approve energy and tele-
                  communication  facilities that cross international borders pursuant
                  to the President's constitutional authority over foreign affairs. See
                  Sierra Club v. Clinton, 689 F. Supp. 2d 1147, 1163 (D. Minn. 2010).
                  In 1968, President Johnson delegated his authority to issue or deny
                  applications for Presidential permits for cross-border oil pipelines
                  to the Secretary of State, based upon the Secretary's determination
                  of whether issuance of the permit would serve the national inter-
                  est. Executive Order 11423, 33 Fed. Reg. 11741 (Aug. 16, 1968).
                  President George W. Bush  affirmed President Johnson's delegation
                  to the Secretary of State in 2004. Executive Order 13337, 69 Fed.
                  Reg. 25299 (May 5, 2004).
                      49-010

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