Fedorchak priority to streamline cross-border energy projects included in Energy and Commerce reconciliation provisions
Washington, D.C. – Priorities from Congresswoman Julie Fedorchak’s (R-ND) legislation, the Promoting Cross-Border Energy Infrastructure Act, are included in Section 41002 of the House Committee on Energy and Commerce’s Budget Reconciliation Energy Subtitle. The provision aims to enhance North American energy collaboration and strengthen U.S. energy security through strategic partnerships with Canada and Mexico. It will help streamline the permitting process for projects that connect U.S. energy resources with international markets and provide more certainty to energy developers, regulators, and U.S. 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“For too long, energy developers have faced an unpredictable, outdated permitting process that has delayed or even canceled critical infrastructure projects—costing jobs and weakening American energy security.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. We need a cross-border permitting process that supports investment and infrastructure—one that can’t be undone by the stroke of a pen,” Fedorchak said. “North Dakota has long worked with Canada to develop and transport reliable energy, and this bill strengthens that partnership while ensuring the U.S. remains a leader in energy production. This legislation gives energy producers the green light to move forward with certainty and will help us deliver reliable, affordable energy to American families, farmers, and businesses who depend on it every day.”
Background on the Promoting Cross-Border Energy Infrastructure Act:
Under current law, the permitting process for cross-border oil, gas, and electricity projects involves a mix of presidential permits, agency-specific procedures, and executive discretion, which has led to regulatory uncertainty, project delays, and in some cases, permit revocations—such as the Keystone XL pipeline.
The Promoting Cross-Border Energy Infrastructure Act addresses these challenges by establishing a streamlined and transparent approach for the approval of facilities managing the import and export of oil, natural gas, and electricity transmission.
Key aspects of the bill include:
Certificate of Crossing: Presidential permitting has been politicized and arbitrarily applied, as evidenced by the Biden administration’s mistreatment of the Keystone XL pipeline. Under this bill, anyone constructing, connecting, operating, or maintaining a border-crossing facility for the import or export of oil, natural gas, or electricity between the U.S. and Canada or Mexico would be able to obtain a streamlined Certificate of Crossing through either FERC or DOE, rather than through the State Department and President.
Agency Oversight: The Federal Energy Regulatory Commission (FERC) will oversee applications for oil and natural gas pipelines, while the Department of Energy (DOE) will manage applications for electric transmission facilities.
Deadline Compliance: FERC and DOE are required to meet specific deadlines for issuing certificates and approving applications for oil, natural gas, and electricity importation or exportation.
Congressional Approval Requirement: Requires the President to receive Congressional approval before revoking any previously issued permits under executive orders related to the construction, connection, operation, or maintenance of oil or natural gas pipelines, electric transmission facilities, or any other border-crossing energy infrastructure.
By creating a consistent statutory framework, the bill provides regulatory certainty for energy developers, protects critical infrastructure from political reversals, and strengthens the United States’ energy partnerships with Canada and Mexico. The legislation has been introduced in previous Congresses, including in the 115th Congress where the bill passed the House with bipartisan support.
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