S. 1485 — North American Energy Act

This section establishes definitions for terms used in the section—including "border-crossing facility" (i.e., the U.S. side of an oil pipeline from the international border to the first mainline valve, or the portion of a natural gas pipeline or electric transmission facility at the border)—and requires persons to obtain a certificate of crossing from the Federal Energy Regulatory Commission (FERC), for oil or natural gas pipelines, or the Secretary of Energy, for electric transmission facilities, prior to constructing, connecting, or operating such facilities across U.S. international borders. The relevant official or agency must issue the certificate within 90 days after completing review under the National Environmental Policy Act of 1969 (NEPA), in consultation with specified federal agencies (e.g., Departments of Defense, Justice, Energy, Homeland Security, and EPA), unless the facility is not in the public interest; for electric facilities, issuance is conditioned on compliance with Electric Reliability Organization standards and any applicable Regional Transmission Organization or Independent System Operator policies. The requirement excludes (1) facilities operating as of enactment; (2) those permitted under other specified authorities; and (3) those with pending permit applications until denial or two years after enactment, whichever is earlier. The section specifies that it does not affect other federal laws, including NEPA review scope or requirements under §§3 and 7 of the Natural Gas Act for natural gas import/export facilities, FERC authority over oil pipelines, or FERC/DOE authority over electric transmission lines.