Keystone XL Pipeline

Floor Speech

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Mr. JOHANNS. Mr. President, I appreciate the comments that have been offered by my colleagues from South Dakota and North Dakota. They absolutely have it right in terms of the importance of constructing this pipeline. There is no question that we are in a dire situation in this Nation. We need the jobs, we need the oil, and this pipeline can take a significant step forward in both regards.

I think the pipeline will be a huge help in those areas. But let me start by noting that I was a cosponsor of the first Keystone bill. I am also a cosponsor of the bill that Senators Hoeven, Lugar, and Vitter introduced just this past Monday, the bill we are talking about today.

Here is a very important point for my State. In both cases, and specifically in reference to this bill, the effort was specifically crafted to safeguard the route selection process that is occurring in Nebraska. I thank my colleagues for recognizing that work and recognizing that Nebraska has a process that will near completion this August or September. They have worked very hard to take into account our issues, and their bill recognizes that the Nebraska effort will continue.

They decided in our State--the Governor, the legislature, and TransCanada--to work on an alternative to the proposed route.

Recognition occurred that the route through Nebraska involved some very sensitive land--the Sand Hills--and a very sensitive water supply--the Ogallala aquifer. The Governor called a special session, and, as we do in Nebraska, everybody sat down and said: How do we solve this problem?

So they came to an agreement that the best way to solve the problem was to do an environmental impact statement, which will be no cost to the Federal Government. It will be paid for by Nebraskans. That was part of the provision of this agreement. And TransCanada agreed they would work to reroute the pipeline through our State. Everybody shook hands. We are now in agreement. Our problem is solved in Nebraska.

For months and months, the Federal Government has been saying to the State of Nebraska: You have the power to route this pipeline through your State. And that is exactly what we are doing. So this legislation recognizes that agreement and says: Great, we are going to allow Nebraska to move forward. But very wisely this legislation also recognizes there is no need whatsoever for any delay on the remainder of this pipeline. This was the only segment--and it is a handful of miles in our State--that anybody was contesting. So why not issue the permit? Why not get the project going?

My colleagues worked very hard on coming up with a solution, and their solution works. It says: Construction can begin immediately. Why? Because, as my colleague from North Dakota has explained well, Congress has the constitutional authority to regulate foreign commerce. This bill exercises that power in a thoughtful, deliberate, and careful way. It says: Look, this project has gone through 3 years of study and analysis. It specifically notes in this legislation the part regarding Nebraska will be solved, as the Federal Government has been saying for months, by Nebraska officials, but that we can go forward and start construction elsewhere.

So what is holding up the creation of these jobs? What is holding up our ability to get more oil from places such as North Dakota and a friendly ally such as Canada, versus a very unfriendly ally in Hugo Chavez in Venezuela? What is holding that up? What could possibly be holding that up? Well, the simple answer to that question is, the President of the United States is holding it up.

The President is in a bind. The environmentalists have declared war on the oil sands in Canada. They do not want the pipeline because they do not want the oil sands. On the other hand, unions want to build the pipeline. They want the jobs, and thoughtfully so. So this is a time where Congress does need to step in and exercise our constitutional powers. This is nothing unusual. In fact, there was a recent opinion by the Congressional Research Service which noted the Congress has the power to do exactly what this legislation is doing.

I will wrap up my comments today and yield back the time to the Senators from South Dakota and North Dakota and say this: This is a win-win situation for everybody. It is a win because we create jobs. It is a win for our country because we are trying in every way possible to get the Federal Government to lessen our dependence on foreign oil. Maybe the only person who it is not a win for is President Obama in his reelection. But this is a case where we need to put national interest ahead of November.

I urge my colleagues to support this legislation that was thoughtfully crafted. It is the right approach. I thank them for their sensitivity to the process going on in the State of Nebraska.

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