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16 U.S.C. § 3166 — Agency, Presidential, and Congressional actions

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3166 — Agency, Presidential, and Congressional actions

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Source file: Laws/federal/codes/united-states-code/title-16/section-3166-agency-presidential-and-congressional-actions--24050dd550.md
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Source location: Title 16, Chapter 51, § 3166; chapter-051-alaska-national-interest-lands-conservation.md

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**(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 which the unit was established; and (2) there is no economically feasible and prudent alternative route for the system. In making a decision, the President shall consider any environmental impact statement prepared pursuant to [section 3164(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3164/e&num=0&edition=prelim), comments of the public and Federal agencies received during the preparation of such statement, and the findings and recommendations, if any, of each Federal agency that rendered a decision with respect to the application. The President’s decision to approve or deny the application shall be published in the Federal Register, together with a statement of the reasons for his determination. (3) If the President approves an application under paragraph (2), each Federal agency concerned 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 (4) If the President denies an application under paragraph (2), the applicant shall be deemed to have exhausted his administrative remedies and may file suit in any appropriate Federal court to challenge such decision. **(b) Agency action in cases involving section 3165 or wilderness areas** (1) In the case of any application for the approval of a 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) applies or that proposes to occupy, use, or traverse any area within the National Wilderness Preservation System, each Federal agency concerned shall promptly submit to the President notification whether the agency tentatively approved or disapproved each authorization within its jurisdiction that applies with respect to the system. Such notification shall be accompanied by a statement of the reasons and findings supporting the agency position. (2) Within four months after receiving all notification referred to in paragraph (1) and after considering such notifications, any environmental impact statement prepared pursuant to [section 3164(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3164/e&num=0&edition=prelim), and the comments of the public and Federal agencies received during the preparation of such statement, the President shall decide whether or not the application for the system concerned should be approved. If the President denies an application the applicant shall be deemed to have exhausted his administrative remedies, and may file suit in any appropriate Federal court to challenge such decision. If the President approves the application, he shall submit to Congress his recommendation for approval of the transportation or utility system covered, whereupon the Congress shall consider the application as provided in subsection (c). The President shall include with his recommendation to Congress— (A) the application which is the subject of his recommendation; (B) a report setting forth in detail the relevant factual background and the reasons for his findings and recommendation; (C) the joint environmental impact statement; 11 So in original. Probably should be followed by “and”. (D) a statement of the conditions and stipulations which would govern the use of the system if approved by the Congress. **(c) Congressional approval** (1) No application for any transportation or utility system with respect to which the President makes a recommendation for approval under subsection (b) shall be approved unless the Senate and House of Representatives approve a resolution described in paragraph (4) within the first period of one hundred and twenty calendar days of continuous session of the Congress beginning on the date after the date of receipt by the Senate and House of Representatives of such recommendation. (2) For purposes of this subsection— (A) continuity of session of the Congress is broken only by an adjournment sine die; and (B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the one-hundred-and-twenty-day calendar period. (3) This subsection is enacted by the Congress— (A) as an exercise of the rulemaking power of each House of the Congress respectively, but applicable only with respect to the procedure to be followed in the House in the case of resolutions described by paragraph (6) of this subsection; and it supersedes other rules only to the extent that it is inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change the rules (so far as those relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of such House. (4) For the purposes of this subsection, the term “resolution” means a joint resolution, the resolving clause of which is as follows: “That the House of Representatives and Senate approve the application for under title XI of the Alaska National Interest Lands Conservation Act submitted by the President to the Congress on , 19 .”; the first blank space therein to be filled in with the appropriate transportation or utility system and the second blank therein to be filled with the date on which the President submits the application to the House of Representatives and the Senate. (5) Except as otherwise provided in this subsection, the provisions of [section 719f(d) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719f/d&num=0&edition=prelim) shall apply to the consideration of the resolution. (6) After an application for a transportation or utility system has been approved under subsection (a), the appropriate Federal agencies shall issue appropriate authorizations in accordance with applicable law. In any case in which an application for a transportation or utility system has been approved pursuant to subsection (b), the appropriate Federal agencies shall issue appropriate authorizations in accordance with title V of the Federal Lands Policy Management Act [[43 U.S.C. 1761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1761&num=0&edition=prelim) et seq.] or other applicable law. After issuance pursuant to this subsection, the appropriate land managing agency shall administer the right-of-way in accordance with relevant management authorities of the land managing agency and title V of the Federal Lands Policy Management Act.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3165 — Standards for granting certain authorizations

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

16 U.S.C. § 3164 — Procedural requirements

**(a) In general** Notwithstanding any provision of applicable law, no action by any Federal agency under applicable law with respect to the approval or disapproval of the authorization, in whole or in part, of any transportation or utility system shall have any force or effect unless the provisions of this section are complied with. **(b) Consolidated applications** (1) Within one hundred and eighty days after December 2, 1980, the Secretary, the Secretary of Agriculture, and the Secretary of Transportation, in consultation with the heads of other appropriate Federal agencies, shall jointly prescribe and publish a consolidated application form to be used for applying for the approval of each type of transportation or utility system. Each such application form shall be designed to elicit such information as may be necessary to meet the requirements of this subchapter and the applicable law with respect to the type of system concerned. (2) For purposes of this section, the heads of all appropriate Federal agencies, including the Secretary of Transportation, shall share decisionmaking responsibility in the case of any transportation or utility system described in section 3162(4)(B)(ii), (iii), or (vii) of this title; but with respect to any such system for which he does not have programmatic responsibility, the Secretary of Transportation shall provide to the other Federal agencies concerned such planning and other assistance as may be appropriate. **(c) Filing** Each applicant for the approval of any transportation or utility system shall file on the same day an application with each appropriate Federal agency. The applicant shall utilize the consolidated form prescribed under subsection (b) for the type of transportation or utility system concerned. **(d) Agency no

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1701 — Congressional declaration of policy

**(a)** The Congress declares that it is the policy of the United States that— (1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest; (2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts; (3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions of this Act; (4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action; (5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking; (6) judicial review of public land adjudication decisions be provided by law; (7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law; (8) the public lands be managed in a manner t

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3101 — Congressional statement of purpose

**(a) Establishment of units** In order to preserve for the benefit, use, education, and inspiration of present and future generations certain lands and waters in the State of Alaska that contain nationally significant natural, scenic, historic, archeological, geological, scientific, wilderness, cultural, recreational, and wildlife values, the units described in the following titles are hereby established. **(b) Preservation and protection of scenic, geological, etc., values** It is the intent of Congress in this Act to preserve unrivaled scenic and geological values associated with natural landscapes; to provide for the maintenance of sound populations of, and habitat for, wildlife species of inestimable value to the citizens of Alaska and the Nation, including those species dependent on vast relatively undeveloped areas; to preserve in their natural state extensive unaltered arctic tundra, boreal forest, and coastal rainforest ecosystems; to protect the resources related to subsistence needs; to protect and preserve historic and archeological sites, rivers, and lands, and to preserve wilderness resource values and related recreational opportunities including but not limited to hiking, canoeing, fishing, and sport hunting, within large arctic and subarctic wildlands and on freeflowing rivers; and to maintain opportunities for scientific research and undisturbed ecosystems. **(c) Subsistence way of life for rural residents** It is further the intent and purpose of this Act consistent with management of fish and wildlife in accordance with recognized scientific principles and the purposes for which each conservation system unit is established, designated, or expanded by or pursuant to this Act, to provide the opportunity for rural residents engaged in a subsistence way

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1761 — Grant, issue, or renewal of rights-of-way

**(a) Authorized purposes** The Secretary, with respect to the public lands (including public lands, as defined in [section 1702(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1702/e&num=0&edition=prelim), which are reserved from entry pursuant to section 24 of the Federal Power Act ([16 U.S.C. 818](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section818&num=0&edition=prelim))) and, the Secretary of Agriculture, with respect to lands within the National Forest System (except in each case land designated as wilderness), are authorized to grant, issue, or renew rights-of-way over, upon, under, or through such lands for— (1) reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems for the impoundment, storage, transportation, or distribution of water; (2) pipelines and other systems for the transportation or distribution of liquids and gases, other than water and other than oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom, and for storage and terminal facilities in connection therewith; (3) pipelines, slurry and emulsion systems, and conveyor belts for transportation and distribution of solid materials, and facilities for the storage of such materials in connection therewith; (4) systems for generation, transmission, and distribution of electric energy, except that the applicant shall also comply with all applicable requirements of the Federal Energy Regulatory Commission under the Federal Power Act, including part 1 11 So in original. Probably should be part “I”. thereof (41 Stat. 1063, [16 U.S.C. 791a–825r](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a–825r&num=0&editi

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 3166 — Agency, Presidential, and Congressional

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

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1761 — Grant, issue, or renewal of rights-of-way

Page 571 TITLE 43—PUBLIC LANDS § 1761 1 So in original. Probably should be part ‘‘I’’. 2 So in original. The period preceding the semicolon probably should not appear. 3 So in original. Probably should be ‘‘right-of-way’’. Subsec. (e). Pub. L. 95–514, § 8(b), substituted intro- ductory word ‘‘In’’ for ‘‘Prior to October 1, 1988, or thereafter, in’’. Statutory Notes and Related Subsidiaries GRAZING PERMIT RENEWALS Pub. L. 108–108, title III, § 325, Nov. 10, 2003, 117 Stat. 1308, provided in part: ‘‘That beginning in November 2004, and every year thereafter, the Secretaries of the Interior and Agriculture shall report to Congress the extent to which they are completing analysis required under applicable laws prior to the expiration of grazing permits, and beginning in May 2004, and every two years thereafter, the Secretaries shall provide Congress recommendations for legislative provisions necessary to ensure all permit renewals are completed in a timely manner. The legislative recommendations provided shall be consistent with the funding levels requested in the Secretaries’ budget proposals’’. APPEALS OF REDUCTIONS IN GRAZING ALLOTMENTS ON PUBLIC RANGELAND; TIME; EFFECTIVE DATE OF RE- DUCTIONS; SUSPENSION PENDING FINAL ACTION ON AP- PEAL Provisions requiring appeals of reductions in grazing allotments on public rangelands to be taken within a certain time period; providing that reductions of up to 10 per centum in grazing allotments are effective when so designated by the Secretary; suspending proposed re- ductions in excess of 10 per centum pending final action on appeals; and requiring final action on appeals to be completed within 2 years of filing of the appeal were contained in the following appropriation acts: Pub. L. 102–381, title I,

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