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43 U.S.C. § 2005 — Review schedule

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

43 U.S.C. § 2005 — Review schedule

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Stable record: federal_law:legal_authorities:record_usc_8f6123562650ef9d073abe45
Source file: Laws/federal/codes/united-states-code/title-43/section-2005-review-schedule--568a747ec6.md
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Source location: Title 43, Chapter 38, § 2005; chapter-038-crude-oil-transportation-systems.md

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**(a) Establishment** The Secretary of the Interior, after consultation with the heads of appropriate Federal agencies, shall establish an expedited schedule for conducting reviews and making recommendations concerning crude oil transportation systems proposed in applications filed under [section 2004 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2004&num=0&edition=prelim) and for obtaining information necessary for environmental impact statements required under [section 4332 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332&num=0&edition=prelim) with respect to such proposed systems. **(b) Additional information** (1) On his own initiative or at the request of the head of any Federal agency covered by the review schedule established under subsection (a), the Secretary of the Interior shall require that an applicant provide such additional information as may be necessary to conduct the review of the applicant’s proposal. Such information may include— (A) specific details of the route (and alternative routes) and identification of Federal lands affected by any such route; (B) information necessary for environmental impact statements; and (C) information necessary for the President’s determination under [section 2007(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2007/a&num=0&edition=prelim). (2) If, within a reasonable time, an applicant does not— (A) provide information required under this subsection, or (B) comply with any requirement of [section 1734 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1734&num=0&edition=prelim), the Secretary of the Interior may declare the application ineligible for consideration under this chapter. After making such a declaration, the Secretary of the Interior shall notify the applicant and the President of such ineligibility. **(c) Recommendations of heads of Federal agencies** (1) Pursuant to the schedule established under subsection (a), heads of Federal agencies covered by such schedule shall conduct a review of a proposed crude oil transportation system eligible for consideration under this chapter and shall submit their recommendations concerning such systems (and the basis for such recommendations) to the Secretary of the Interior for submission to the President. After receipt of such recommendations and before their submission to the President, the Secretary of the Interior shall provide an opportunity for comments in accordance with paragraph (2). The Secretary of the Interior shall forward such comments to the President with the recommendations— (A) in the case of applications filed under [section 2004(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2004/1&num=0&edition=prelim), on or before December 1, 1978, and (B) in the case of applications filed under [section 2004(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2004/2&num=0&edition=prelim), on or before the 60th day after December 1, 1978. (2) (A) After receipt of recommendations under paragraph (1) the Secretary of the Interior shall provide appropriate means by which the Governor and any other official of any State and any official of any political subdivision of a State, may submit written comments concerning proposed crude oil transportation systems eligible for consideration under this chapter. (B) After receipt of recommendations referred to in subparagraph (A), the Secretary of the Interior shall make such comments and recommendations available to the public and provide an opportunity for submission of written comments. **(d) Review by Federal Trade Commission; effect on the antitrust laws** (1) Promptly after he receives an application for a proposed crude oil transportation system eligible for consideration under this chapter, the Secretary of the Interior shall submit to the Federal Trade Commission a copy of such application and such other information as the Commission may reasonably require. The Commission may prepare and submit to the President a report on the impact of implementation of such application upon competition and restraint of trade and on whether such implementation would be inconsistent with the antitrust laws. Such report shall be made available to the public. Nothing in this subsection shall be construed to prevent the President from making his decision under [section 2007(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2007/a&num=0&edition=prelim) in the absence of such report. (2) Nothing in this chapter shall bar the Attorney General or any other appropriate officer or agent of the United States from challenging any anticompetitive act or practice related to the ownership, construction, or operation of any crude oil transportation system approved under this chapter. The approval of any such system under this chapter shall not be deemed to convey to any person immunity from civil or criminal liability or to create defenses to actions under the antitrust laws and shall not modify or abridge any private right of action under such laws. **(e) Filing and review of permits, rights-of-way applications, etc., not affected** Nothing in this chapter shall be construed to prevent the acceptance and review by any Federal agency of any application for any Federal permit, right-of-way, or other authorizations under other provisions of law for a crude oil transportation system eligible for consideration under this chapter; except that any determination with respect to such an application may be made only in accordance with the provisions of [section 2009(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2009/a&num=0&edition=prelim).

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

16 U.S.C. § 2602 — Relationship to other authority

Nothing in this chapter shall be construed to limit or affect any authority of the Secretary or the Commission under any other provision of law.

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

42 U.S.C. § 4332 — Congressional declaration of national environmental policy

**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. **(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritag

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

43 U.S.C. § 2004 — Applications for approval of proposed crude oil transportation systems

The following applications for construction and operation of a crude oil transportation system submitted to the Secretary of the Interior by an applicant are eligible for consideration under this chapter: (1) Applications received by the Secretary before the 30th day after November 9, 1978. (2) Applications received by the Secretary during the 60-day period beginning on the 30th day after November 9, 1978, if the Secretary determines that consideration and review of the proposal contained in such application is in the national interest and that such consideration and review could be completed within the time limits established under this chapter. An application under this section may be accepted by the Secretary only if it contains a general description of the route of the proposed system and identification of the applicant and any other person who, at the time of filing, has a financial or other interest in the system or is a party to an agreement under which such person would acquire a financial or other interest in the system.

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

43 U.S.C. § 1734 — Fees, charges, and commissions

**(a) Authority to establish and modify** Notwithstanding any other provision of law, the Secretary may establish reasonable filing and service fees and reasonable charges, and commissions with respect to applications and other documents relating to the public lands and may change and abolish such fees, charges, and commissions. **(b) Deposits for payments to reimburse reasonable costs of United States** The Secretary is authorized to require a deposit of any payments intended to reimburse the United States for reasonable costs with respect to applications and other documents relating to such lands. The moneys received for reasonable costs under this subsection shall be deposited with the Treasury in a special account and are hereby authorized to be appropriated and made available until expended. As used in this section “reasonable costs” include, but are not limited to, the costs of special studies; environmental impact statements; monitoring construction, operation, maintenance, and termination of any authorized facility; or other special activities. In determining whether costs are reasonable under this section, the Secretary may take into consideration actual costs (exclusive of management overhead), the monetary value of the rights or privileges sought by the applicant, the efficiency to the government processing involved, that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant, the public service provided, and other factors relevant to determining the reasonableness of the costs. **(c) Refunds** In any case where it shall appear to the satisfaction of the Secretary that any person has made a payment under any statute relating to the sale, lease, use, or other disposition of public la

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

43 U.S.C. § 2005 — Review schedule

Page 613 TITLE 43—PUBLIC LANDS § 2005 tana, North Dakota, Minnesota, Michigan, Wisconsin, Illinois, Indiana, and Ohio. (2) The term ‘‘inland States’’ means those States in the United States other than north- ern tier States and the States of California, Alaska, and Hawaii. (3) The term ‘‘crude oil transportation sys- tem’’ means a crude oil delivery system (in- cluding the location of such system) for trans- porting Alaskan and other crude oil to north- ern tier States and inland States, but such term does not include the Long Beach-Midland project. (4) The term ‘‘Long Beach-Midland project’’ means the crude oil delivery system which was the subject of, and is generally described in, the ‘‘Final Environmental Impact Statement, Crude Oil Transportation System: Valdez, Alaska, to Midland, Texas (as proposed by Sohio Transportation Company)’’, the avail- ability of which was announced by the Depart- ment of the Interior in the Federal Register on June 1, 1977 (42 Fed. Reg. 28008). (5) The term ‘‘Federal agency’’ means an Ex- ecutive agency, as defined in section 105 of title 5. (Pub. L. 95–617, title V, § 503, Nov. 9, 1978, 92 Stat. 3158.) Statutory Notes and Related Subsidiaries DEFINITIONS The definition of ‘‘State’’ in section 2602 of Title 16, Conservation, applies to this section. § 2004. Applications for approval of proposed crude oil transportation systems The following applications for construction and operation of a crude oil transportation sys- tem submitted to the Secretary of the Interior by an applicant are eligible for consideration under this chapter: (1) Applications received by the Secretary before the 30th day after November 9, 1978. (2) Applications received by the Secretary during the 60-day period beginning on the 30th

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