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42 U.S.C. § 7175 — Referral of other rulemaking proceedings to Commission

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

42 U.S.C. § 7175 — Referral of other rulemaking proceedings to Commission

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Stable record: federal_law:legal_authorities:record_usc_58c5ccaadf8d4477c428ff8e
Source file: Laws/federal/codes/united-states-code/title-42/section-7175-referral-of-other-rulemaking-proceedings-to-commission--6e89e898f7.md
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Source location: Title 42, Chapter 84, § 7175; chapter-084-department-of-energy.md

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**(a) Notification of Commission of proposed action; public comment** Except as provided in [section 7173 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7173&num=0&edition=prelim), whenever the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function which is transferred to the Secretary under [section 7151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7151&num=0&edition=prelim) or [section 60501 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60501&num=0&edition=prelim), he shall notify the Commission of the proposed action. If the Commission, in its discretion, determines within such period as the Secretary may prescribe, that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to section 7172(a)(1) and (c)(1) of this title and [section 60502 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60502&num=0&edition=prelim), the Secretary shall immediately refer the matter to the Commission, which shall provide an opportunity for public comment. **(b) Recommendations of Commission; publication** Following such opportunity for public comment the Commission, after consultation with the Secretary, shall either— (1) concur in adoption of the rule or statement as proposed by the Secretary; (2) concur in adoption of the rule or statement only with such changes as it may recommend; or (3) recommend that the rule or statement not be adopted. The Commission shall promptly publish its recommendations, adopted under this subsection, along with an explanation of the reason for its actions and an analysis of the major comments, criticisms, and alternatives offered during the comment period. **(c) Options of Secretary; final agency action** Following publication of the Commission’s recommendations the Secretary shall have the option of— (1) issuing a final rule or statement in the form initially proposed by the Secretary if the Commission has concurred in such rule pursuant to subsection (b)(1); (2) issuing a final rule or statement in amended form so that the rule conforms in all respects with the changes proposed by the Commission if the Commission has concurred in such rule or statement pursuant to subsection (b)(2); or (3) ordering that the rule shall not be issued. The action taken by the Secretary pursuant to this subsection shall constitute a final agency action for purposes of [section 704 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section704&num=0&edition=prelim).

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

42 U.S.C. § 7155 — Transfers from Department of Housing and Urban Development

**(a)** There is transferred to, and vested in, the Secretary the functions vested in the Secretary of Housing and Urban Development pursuant to section 304 of the Energy Conservation Standards for New Buildings Act of 1976 [[42 U.S.C. 6833](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6833&num=0&edition=prelim)], to develop and promulgate energy conservation standards for new buildings. The Secretary of Housing and Urban Development shall provide the Secretary with any necessary technical assistance in the development of such standards. All other responsibilities, pursuant to title III of the Energy Conservation and Production Act [[42 U.S.C. 6831](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section6831&num=0&edition=prelim) et seq.], shall remain with the Secretary of Housing and Urban Development, except that the Secretary shall be kept fully and currently informed of the implementation of the promulgated standards. **(b)** There is hereby transferred to, and vested in, the Secretary the functions vested in the Secretary of Housing and Urban Development pursuant to [section 1701z–8 of title 12](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1701z–8&num=0&edition=prelim).

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

42 U.S.C. § 7151 — Office of Indian Energy Policy and Programs

**(a) Establishment** There is established within the Department an Office of Indian Energy Policy and Programs (referred to in this section as the “Office”). The Office shall be headed by a Director, who shall be appointed by the Secretary and compensated at a rate equal to that of level IV of the Executive Schedule under [section 5315 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim). **(b) Duties of Director** The Director, in accordance with Federal policies promoting Indian self-determination and the purposes of this chapter, shall provide, direct, foster, coordinate, and implement energy planning, education, management, conservation, and delivery programs of the Department that— (1) promote Indian tribal energy development, efficiency, and use; (2) reduce or stabilize energy costs; (3) enhance and strengthen Indian tribal energy and economic infrastructure relating to natural resource development and electrification; and (4) bring electrical power and service to Indian land and the homes of tribal members located on Indian lands or acquired, constructed, or improved (in whole or in part) with Federal funds.

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

42 U.S.C. § 7173 — Jurisdiction of Commission

**(a) Transfer of functions from Federal Power Commission** (1) There are transferred to, and vested in, the Commission the following functions of the Federal Power Commission or of any member of the Commission or any officer or component of the Commission: (A) the investigation, issuance, transfer, renewal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, reservoirs, powerhouses, transmission lines, or other works for the development and improvement of navigation and for the development and utilization of power across, along, from, or in navigable waters under part I of the Federal Power Act [[16 U.S.C. 791a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section791a&num=0&edition=prelim) et seq.]; (B) the establishment, review, and enforcement of rates and charges for the transmission or sale of electric energy, including determinations on construction work in progress, under part II of the Federal Power Act [[16 U.S.C. 824](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824&num=0&edition=prelim) et seq.], and the interconnection, under section 202(b), of such Act [[16 U.S.C. 824a(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section824a/b&num=0&edition=prelim)], of facilities for the generation, transmission, and sale of electric energy (other than emergency interconnection); (C) the establishment, review, and enforcement of rates and charges for the transportation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or natural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act [[15 U.S.C. 717](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-sec

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

5 U.S.C. § 704 — Actions reviewable

Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority.

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

49 U.S.C. § 60502 — Federal Energy Regulatory Commission

The Federal Energy Regulatory Commission has the duties and powers related to the establishment of a rate or charge for the transportation of oil by pipeline or the valuation of that pipeline that were vested on October 1, 1977, in the Interstate Commerce Commission or an officer or component of the Interstate Commerce Commission.

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

49 U.S.C. § 60501 — Secretary of Energy

Except as provided in [section 60502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60502&num=0&edition=prelim), the Secretary of Energy has the duties and powers related to the transportation of oil by pipeline that were vested on October 1, 1977, in the Interstate Commerce Commission or the chairman or a member of the Commission.

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

42 U.S.C. § 7175 — Right of Secretary to intervene in Com-

Page 7076 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7174 subsection (a), and shall consider and take final action on any proposal made by the Secretary under such subsection in an expeditious manner in accordance with such reasonable time limits as may be set by the Secretary for the comple- tion of action by the Commission on any such proposal. (c) Utilization of rulemaking procedures for es- tablishment of rates and charges under Fed- eral Power Act and Natural Gas Act Any function described in section 7172 of this title which relates to the establishment of rates and charges under the Federal Power Act [16 U.S.C. 791a et seq.] or the Natural Gas Act [15 U.S.C. 717 et seq.], may be conducted by rule- making procedures. Except as provided in sub- section (d), the procedures in such a rulemaking proceeding shall assure full consideration of the issues and an opportunity for interested persons to present their views. (d) Submission of written questions by inter- ested persons With respect to any rule or regulation promul- gated by the Commission to establish rates and charges for the first sale of natural gas by a pro- ducer or gatherer to a natural gas pipeline under the Natural Gas Act [15 U.S.C. 717 et seq.], the Commission may afford any interested person a reasonable opportunity to submit written ques- tions with respect to disputed issues of fact to other interested persons participating in the rulemaking proceedings. The Commission may establish a reasonable time for both the submis- sion of questions and responses thereto. (Pub. L. 95–91, title IV, § 403, Aug. 4, 1977, 91 Stat. 585.) Editorial Notes REFERENCES IN TEXT The Federal Power Act, referred to in subsec. (c), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classi- fied g

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