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16 U.S.C. § 3165 — Standards for granting certain authorizations
Federal law — U.S. Code and appendices · legal_authorities
In any case in which there is no applicable law with respect to a transportation or utility system, the head of the Federal agency concerned shall, within four months after the date of filing of any final Environmental Impact Statement, make recommendations, for purposes of [section 3166(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3166/b&num=0&edition=prelim), to grant such authorizations as may be necessary to establish such system, in whole or in part, within the conservation system unit concerned if he determines that—
(1) such system would be compatible with the purposes for which the unit was established; and
(2) there is no economically feasible and prudent alternative route for the system.
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Stable record: federal_law:legal_authorities:record_usc_07e4f087e6033806f64d35fc
Source file: Laws/federal/codes/united-states-code/title-16/section-3165-standards-for-granting-certain-authorizations--5794fa6e93.md
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Source location: Title 16, Chapter 51, § 3165; chapter-051-alaska-national-interest-lands-conservation.md
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In any case in which there is no applicable law with respect to a transportation or utility system, the head of the Federal agency concerned shall, within four months after the date of filing of any final Environmental Impact Statement, make recommendations, for purposes of [section 3166(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3166/b&num=0&edition=prelim), to grant such authorizations as may be necessary to establish such system, in whole or in part, within the conservation system unit concerned if he determines that—
(1) such system would be compatible with the purposes for which the unit was established; and
(2) there is no economically feasible and prudent alternative route for the system.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agency action in cases other than those involving section 3165 or wilderness areas**
(1) In the case of any application for the approval of any transportation or utility system to which [section 3165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3165&num=0&edition=prelim) does not apply or that does not occupy, use, or traverse any area within the National Wilderness Preservation System, if, in compliance with [section 3164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3164&num=0&edition=prelim)—
(A) each Federal agency concerned decides to approve each authorization within its jurisdiction with respect to that system, then the system shall be deemed to be approved and each such agency shall promptly issue, in accordance with applicable law, such rights-of-way, permits, licenses, leases, certificates, or other authorizations as are necessary with respect to the establishment of the system; or
(B) one or more Federal agencies decide to disapprove any authorization within its jurisdiction with respect, to that system, then the system shall be deemed to be disapproved and the applicant for the system may appeal the disapproval to the President.
(2) If an applicant appeals under paragraph (1)(B), the President, within four months after receiving the appeal, shall decide whether to approve or deny the application. The President shall approve the application if he finds, after consideration of the factors set forth in [section 3164(g)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3164/g/2&num=0&edition=prelim), that such approval would be in the public interest and that (1) such system would be compatible with the purposes for
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Federal law — U.S. Code and appendices · legal_authorities
Page 2252
TITLE 16—CONSERVATION
§ 3165
months from the date of filing, by the head of
the Federal agency assigned lead responsibility
for the statement. Any such statement shall be
jointly prepared by all Federal agencies with
which the application was filed under subsection
(c). The final environmental impact statement
shall be completed within one year from the
date of such filing. Such nine-month and one-
year periods may be extended for good cause by
the Federal agency head assigned lead responsi-
bility for the preparation of such statement if
he determines that additional time is necessary
for such preparation, notifies the applicant in
writing of such determination, and publishes no-
tice of such determination, together with the
reasons therefor, in the Federal Register. The
provisions of section 1734 of title 43 shall apply
to each environmental impact statement under
this subsection in the same manner as such pro-
visions apply to applications relating to the
public lands referred to in section 1734 of title
43. The Federal agency assigned lead responsi-
bility shall, in conjunction with such other Fed-
eral agencies before which the application is
pending, hold public hearings in the District of
Columbia and an appropriate location in the
State on each draft joint environmental impact
statement and the views expressed therein shall
be considered by all Federal agencies concerned
before publication of the final joint environ-
mental impact statement.
(f) Other views
During both the nine-month period, and the
succeeding three-month period plus any exten-
sion thereof provided for in subsection (e), the
heads of the Federal agencies concerned shall
solicit and consider the views of other Federal
departments and agencies, the Alaska La
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 3165
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