Fargo Standard

The House Energy and Commerce Committee has advanced the Promoting Cross-Border Energy Infrastructure Act, proposed by Congresswoman Julie Fedorchak (R-ND). The bill is now set to be considered by the full House. This legislation aims to enhance North American energy collaboration by streamlining the permitting process for projects that connect U.S. energy resources with international markets.

Congresswoman Fedorchak emphasized the need for certainty in energy development, stating, “Energy developers deserve certainty—not delays and politics.” She criticized the Biden administration's cancellation of the Keystone XL pipeline, which she claims resulted in job losses and economic setbacks for North Dakota. "This bill puts a clear, reliable process in place so developers can move forward with confidence and so future presidents can’t derail critical energy infrastructure with the stroke of a pen," Fedorchak added.

The current permitting process for cross-border oil, gas, and electricity projects involves a complex mix of presidential permits and agency-specific procedures. This has led to regulatory uncertainty and project delays. The new act seeks to address these issues by establishing a streamlined approach for approving facilities involved in importing and exporting oil, natural gas, and electricity transmission.

Key features of the bill include a Certificate of Crossing that would allow those constructing or maintaining border-crossing facilities to obtain approval through either the Federal Energy Regulatory Commission (FERC) or the Department of Energy (DOE), bypassing the State Department and President. Additionally, FERC will oversee applications related to oil and natural gas pipelines while DOE will manage electric transmission facilities applications.

The legislation also mandates specific deadlines for FERC and DOE when issuing certificates or approving applications. It further requires Congressional approval before any revocation of previously issued permits under executive orders concerning border-crossing energy infrastructure.

By providing a consistent statutory framework, this bill aims to offer regulatory certainty for energy developers while protecting critical infrastructure from political changes. The act has been introduced in previous Congresses, including during the 115th Congress where it passed the House with bipartisan support.