FERC certificates and fees for certain energy infrastructure at international boundaries of the United States

(a) Definitions In this section: (1) Certificate of crossing The term certificate of crossing means a permit for the construction, connection, operation, or maintenance of a cross-border segment. (2) Commission The term Commission means the Federal Energy Regulatory Commission. (3) Covered facility The term covered facility means— (A) an oil, natural gas, hydrocarbon liquids, refined petroleum products, hydrogen, or carbon dioxide pipeline; (B) a pipeline for the movement of any other energy-related product; and (C) an electric transmission facility. (4) Cross-border segment The term cross-border segment means a segment, as determined by the Commission, of a covered facility that is located at an international boundary between— (A) the United States and Canada; or (B) the United States and Mexico. (5) Presidential permit The term Presidential permit means a permit or other approval issued or required by the President under or pursuant to any provision of law, including under or pursuant to any Executive order, with respect to the construction, connection, operation, or maintenance of a cross-border segment. (b) Certificate of crossing and fee (1) In general The Commission shall, upon payment of a fee in the amount of $50,000 by a person requesting a certificate of crossing, issue to such person such certificate of crossing. (2) Treatment of fee A fee paid under this subsection shall not be considered a fee assessed under section 3401 of the Omnibus Budget Reconciliation Act of 1986 (42 U.S.C. 7178). (c) Prohibition Except as provided in subsection (d), no person may construct, connect, operate, or maintain a cross-border segment for the import or export of oil, natural gas, hydrocarbon liquids, refined petroleum products, hydrogen, carbon dioxide, or other energy-related products, or for the transmission of electricity, to or from Canada or Mexico without obtaining a certificate of crossing from the Commission under subsection (b) for the applicable construction, connection, operation, or maintenance. (d) Previously authorized facilities Subsection (c) shall not apply to the construction, connection, operation, or maintenance of a cross-border segment with respect to which a Presidential permit that was issued before the date of enactment of this Act applies and is in effect.