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16 U.S.C. § 3162 — Definitions

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

16 U.S.C. § 3162 — Definitions

For purposes of this subchapter— (1) The term “applicable law” means any law of general applicability (other than this subchapter) under which any Federal department or agency has jurisdiction to grant any authorization (including but not limited to, any right-of-way, permit, license, lease, or certificate) without which a transportation or utility system cannot, in whole or in part, be established or operated. (2) The term “applicant” means any public or private person, including, but not limited to, any Federal department or agency. (3) The term “Federal agency” means any Federal department or agency that has any function or duty under applicable law. (4) (A) The term “transportation or utility system” means any type of system described in subparagraph (B) if any portion of the route of the system will be within any conservation system unit, national recreation area, or national conservation area in the State (and the system is not one that the department or agency having jurisdiction over the unit or area is establishing incident to its management of the unit or area). (B) The types of systems to which subparagraph (A) applies are as follows: (i) Canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other systems for the transportation of water. (ii) Pipelines and other systems for the transportation of liquids other than water, including oil, natural gas, synthetic liquid and gaseous fuels, and any refined product produced therefrom. (iii) Pipelines, slurry and emulsion systems and conveyor belts for the transportation of solid materials. (iv) Systems for the transmission and distribution of electric energy. (v) Systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signal

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Stable record: federal_law:legal_authorities:record_usc_862c668663787beeff3ac850
Source file: Laws/federal/codes/united-states-code/title-16/section-3162-definitions--94ff5e821b.md
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Source location: Title 16, Chapter 51, § 3162; chapter-051-alaska-national-interest-lands-conservation.md

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For purposes of this subchapter— (1) The term “applicable law” means any law of general applicability (other than this subchapter) under which any Federal department or agency has jurisdiction to grant any authorization (including but not limited to, any right-of-way, permit, license, lease, or certificate) without which a transportation or utility system cannot, in whole or in part, be established or operated. (2) The term “applicant” means any public or private person, including, but not limited to, any Federal department or agency. (3) The term “Federal agency” means any Federal department or agency that has any function or duty under applicable law. (4) (A) The term “transportation or utility system” means any type of system described in subparagraph (B) if any portion of the route of the system will be within any conservation system unit, national recreation area, or national conservation area in the State (and the system is not one that the department or agency having jurisdiction over the unit or area is establishing incident to its management of the unit or area). (B) The types of systems to which subparagraph (A) applies are as follows: (i) Canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other systems for the transportation of water. (ii) Pipelines and other systems for the transportation of liquids other than water, including oil, natural gas, synthetic liquid and gaseous fuels, and any refined product produced therefrom. (iii) Pipelines, slurry and emulsion systems and conveyor belts for the transportation of solid materials. (iv) Systems for the transmission and distribution of electric energy. (v) Systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signals, and other means of communication. (vi) Improved rights-of-way for snow machines, air cushion vehicles, and other all-terrain vehicles. (vii) Roads, highways, railroads, tunnels, tramways, airports, landing strips, docks, and other systems of general transportation. Any system described in this subparagraph includes such related structures and facilities (both temporary and permanent) along the route of the system as may be minimally necessary for the construction, operation, and maintenance of the system. Such related structures and facilities shall be described in the application required by [section 3164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3164&num=0&edition=prelim), and shall be approved or disapproved in accordance with the procedures set forth in this subchapter.

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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

16 U.S.C. § 3162 — Definitions

Page 2250 TITLE 16—CONSERVATION § 3150 as the Mineral Leasing Act, which is classified gen- erally to chapter 3A (§ 181 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 181 of Title 30 and Tables. § 3150. Alaska mineral resource assessment pro- gram (a) Mineral assessments The Secretary shall, to the full extent of his authority, assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with re- spect to the mineral potential of such lands. The mineral assessment program may include, but shall not be limited to, techniques such as side- looking radar imagery and, on public lands other than such lands within the national park system, core and test drilling for geologic infor- mation, notwithstanding any restriction on such drilling under the Wilderness Act [16 U.S.C. 1131 et seq.]. For purposes of this Act, core and test drilling means the extraction by drilling of sub- surface geologic samples in order to assess the metalliferous or other mineral values of geo- logic terrain, but shall not be construed as in- cluding exploratory drilling of oil and gas test wells. To the maximum extent practicable, the Secretary shall consult and exchange informa- tion with the State of Alaska regarding the re- sponsibilities of the Secretary under this section and similar programs undertaken by the State. In order to carry out mineral assessments au- thorized under this or any other law, including but not limited to the National Uranium Re- source Evaluation program, the Secretary shall allow for access by air for assessment activities permitted in this subsection to all public lands involved in such

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