42 U.S.C. § 15926 — Energy right-of-way corridors on Federal

Page 8743 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15926 1 So in original. A closing parenthesis probably should follow ‘‘title 43’’. period in which the Project is authorized, the Secretary shall not implement a rulemaking that would enable an increase in fees to recover additional costs related to processing drilling-related permit applications and use authorizations.’’ Pub. L. 113–291, § 3021(a)(2), substituted ‘‘Project’’ for ‘‘Pilot Project’’. Subsec. (j)(2). Pub. L. 113–291, § 3021(a)(2), substituted ‘‘Project’’ for ‘‘Pilot Project’’. 2013—Subsec. (d). Pub. L. 113–69 added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: ‘‘The following Bureau of Land Man- agement Field Offices shall serve as the Pilot Project offices: ‘‘(1) Rawlins, Wyoming. ‘‘(2) Buffalo, Wyoming. ‘‘(3) Miles City, Montana. ‘‘(4) Farmington, New Mexico. ‘‘(5) Carlsbad, New Mexico. ‘‘(6) Grand Junction/Glenwood Springs, Colorado. ‘‘(7) Vernal, Utah.’’ § 15925. Fair market value determinations for lin- ear rights-of-way across public lands and na- tional forests (a) Update of fee schedule Not later than 1 year after August 8, 2005— (1) the Secretary of the Interior shall update section 2806.20 of title 43, Code of Federal Reg- ulations, as in effect on August 8, 2005, to re- vise the per acre rental fee zone value schedule by State, county, and type of linear right-of- way use to reflect current values of land in each zone; and (2) the Secretary of Agriculture shall make the same revision for linear rights-of-way granted, issued, or renewed under title V of the Federal Lands Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.) on National Forest System land. (b) Fair market value rental determination for linear rights-of-way The fair market value rent of a linear right-of- way across public lands or National Forest Sys- tem lands issued under section 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764) or section 185 of title 30 shall be de- termined in accordance with subpart 2806 of title 43, Code of Federal Regulations, as in effect on August 8, 2005 (including the annual or periodic updates specified in the regulations), and as up- dated in accordance with subsection (a). (Pub. L. 109–58, title III, § 367, Aug. 8, 2005, 119 Stat. 726.) Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (a)(2), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743. Title V of the Act is classified generally to subchapter V (§ 1761 et seq.) of chapter 35 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. § 15926. Energy right-of-way corridors on Federal land (a) Western States Not later than 2 years after August 8, 2005, the Secretary of Agriculture, the Secretary of Com- merce, the Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior (in this section referred to collectively as ‘‘the Sec- retaries’’), in consultation with the Federal En- ergy Regulatory Commission, States, tribal or local units of governments as appropriate, af- fected utility industries, and other interested persons, shall consult with each other and shall— (1) designate, under their respective authori- ties, corridors for oil, gas, and hydrogen pipe- lines and electricity transmission and dis- tribution facilities on Federal land in the elev- en contiguous Western States (as defined in section 1702(o) of title 43; 1 (2) perform any environmental reviews that may be required to complete the designation of such corridors; and (3) incorporate the designated corridors into the relevant agency land use and resource management plans or equivalent plans. (b) Other States Not later than 4 years after August 8, 2005, the Secretaries, in consultation with the Federal Energy Regulatory Commission, affected utility industries, and other interested persons, shall jointly— (1) identify corridors for oil, gas, and hydro- gen pipelines and electricity transmission and distribution facilities on Federal land in States other than those described in sub- section (a); and (2) schedule prompt action to identify, des- ignate, and incorporate the corridors into the applicable land use plans. (c) Ongoing responsibilities The Secretaries, in consultation with the Fed- eral Energy Regulatory Commission, affected utility industries, and other interested parties, shall establish procedures under their respective authorities that— (1) ensure that additional corridors for oil, gas, and hydrogen pipelines and electricity transmission and distribution facilities on Federal land are promptly identified and des- ignated as necessary; and (2) expedite applications to construct or modify oil, gas, and hydrogen pipelines and electricity transmission and distribution fa- cilities within such corridors, taking into ac- count prior analyses and environmental re- views undertaken during the designation of such corridors. (d) Considerations In carrying out this section, the Secretaries shall take into account the need for upgraded and new electricity transmission and distribu- tion facilities to— (1) improve reliability; (2) relieve congestion; and (3) enhance the capability of the national grid to deliver electricity. (e) Specifications of corridor A corridor designated under this section shall, at a minimum, specify the centerline, width, and compatible uses of the corridor. Page 8744 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15926 (Pub. L. 109–58, title III, § 368, Aug. 8, 2005, 119 Stat. 727.) Executive Documents TRANSFORMING OUR NATION’S ELECTRIC GRID THROUGH IMPROVED SITING, PERMITTING, AND REVIEW Memorandum of President of the United States, June 7, 2013, 78 F.R. 35539, provided: Memorandum for the Heads of Executive Depart- ments and Agencies Our Nation’s electric transmission grid is the back- bone of our economy, a key factor in future economic growth, and a critical component of our energy secu- rity. Countries that harness the power of clean, renew- able energy will be best positioned to thrive in the global economy while protecting the environment and increasing prosperity. In order to ensure the growth of America’s clean energy economy and improve energy security, we must modernize and expand our electric transmission grid. Modernizing our grid will improve energy reliability and resiliency, allowing us to mini- mize power outages and manage cyber-security threats. By diversifying power sources and reducing congestion, a modernized grid will also create cost savings for con- sumers and spur economic growth. Modernizing our Nation’s electric transmission grid requires improvements in how transmission lines are sited, permitted, and reviewed. As part of our efforts to improve the performance of Federal siting, permitting, and review processes for infrastructure development, my Administration created a Rapid Response Team for Transmission (RRTT), a collaborative effort involving nine different executive departments and agencies (agencies), which is working to improve the efficiency and effectiveness of transmission siting, permitting, and review, increase interagency coordination and transparency, and increase the predictability of the siting, permitting, and review processes. In furtherance of Executive Order 13604 of March 22, 2012 (Improving Performance of Federal Permitting and Review of In- frastructure Projects), this memorandum builds upon the work of the RRTT to improve the Federal siting, permitting, and review processes for transmission projects. Because a single project may cross multiple governmental jurisdictions over hundreds of miles, ro- bust collaboration among Federal, State, local, and tribal governments must be a critical component of this effort. An important avenue to improve these processes is the designation of energy right-of-way corridors (en- ergy corridors) on Federal lands. Section 368 of the En- ergy Policy Act of 2005 (the ‘‘Act’’) (42 U.S.C. 15926), re- quires the Secretaries of Agriculture, Commerce, De- fense, Energy, and the Interior (Secretaries) to under- take a continued effort to identify and designate such energy corridors. Energy corridors include areas on Federal lands that are most suitable for siting trans- mission projects because the chosen areas minimize regulatory conflicts and impacts on environmental and cultural resources, and also address concerns of local communities. Designated energy corridors provide an opportunity to co-locate projects and share environ- mental and cultural resource impact data to reduce overall impacts on environmental and cultural re- sources and reduce the need for land use plan amend- ments in support of the authorization of transmission rights-of-way. The designation of energy corridors can help expedite the siting, permitting, and review proc- esses for projects within such corridors, as well as im- prove the predictability and transparency of these processes. Pursuant to the Act, in 2009, the Secretaries of the Interior and Agriculture each designated energy corridors for the 11 contiguous Western States, as de- fined in section 368 of the Act. Energy corridors have not yet been designated in States other than those identified as Western States. It is important that agen- cies build on their existing efforts in a coordinated manner. By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following: SECTION 1. Principles for Establishing Energy Corridors. (a) In carrying out the requirements of this memo- randum regarding energy corridors, the Secretaries shall: (i) collaborate with Member Agencies of the Steering Committee on Federal Infrastructure Permitting and Review Process Improvement (Steering Committee), es- tablished by Executive Order 13604, which shall provide prompt and adequate information to ensure that addi- tional corridor designations and revisions are con- sistent with the statutory responsibilities and activi- ties of the Member Agencies and enable timely actions by the Secretaries; (ii) focus on facilitating renewable energy resources and improving grid resiliency and comply with the re- quirements in section 368 of the Act, by ensuring that energy corridors address the need for upgraded and new electric transmission and distribution facilities to im- prove reliability, relieve congestion, and enhance the capability of the national grid to deliver electricity; (iii) use integrated project planning and consult with other Federal agencies, State, local, and tribal govern- ments, non-governmental organizations, and the public early in the process of designating the energy cor- ridors, so as to avoid resource conflicts to the extent practicable and make strategic decisions to balance policy priorities; (iv) collaborate with State, local, and tribal govern- ments to ensure, to the extent practicable, that energy corridors can connect effectively between Federal lands; (v) minimize the proliferation of dispersed and dupli- cative rights-of-way crossing Federal lands while act- ing consistent with subsection (a)(ii) of this section; (vi) design energy corridors to minimize impacts on environmental and cultural resources to the extent practicable, including impacts that may occur outside the boundaries of Federal lands, and minimize impacts on the Nation’s aviation system and the mission of the Armed Forces; and (vii) develop interagency mitigation plans, where ap- propriate, for environmental and cultural resources po- tentially impacted by projects sited in the energy cor- ridors to provide project developers predictability on how to seek first to avoid, then attempt to minimize any negative effects from, and lastly to mitigate such impacts, where otherwise unavoidable. Mitigation plans shall: (A) be developed at the landscape or watershed scale with interagency collaboration, be based on conservation and resource management plans and re- gional environmental and cultural resource analyses, and identify priority areas for compensatory mitiga- tion where appropriate; (B) be developed in consultation with other Federal agencies, State, local, and tribal governments, non- governmental organizations, and the public; (C) include clear and measurable mitigation goals, apply adaptive management methods, and use per- formance measures to evaluate outcomes and ensure accountability and the long-term effectiveness of mitigation activities; (D) include useful mechanisms, such as mitigation banks and in lieu fee programs, where appropriate for achieving statutory and regulatory goals; and (E) be considered in the energy corridor designation process. (b) The Secretary of Energy shall assess and syn- thesize current research related to the requirements set forth in subsection (a)(ii) of this section, such as transmission planning authority studies, congestion studies, and renewable energy assessments. Based on that analysis, the Secretary of Energy shall provide to the Steering Committee a Transmission Corridor As- sessment Report (Report) that provides recommenda- tions on how to best achieve the requirements set forth in subsection (a)(ii) of this section. Where research is Page 8745 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15926 available, the Report shall include an assessment of whether investment in co-locating with or upgrading existing transmission facilities, distributed generation, improved energy efficiency, or demand response may play a role in meeting these requirements. In preparing the Report, the Secretary of Energy shall consult with Federal, State, local, and tribal governments, affected industries, environmental and community representa- tives, transmission planning authorities, and other in- terested parties. The Report shall be provided in two parts. The first part, which shall provide recommenda- tions with respect to the Western States, shall be pro- vided by December 1, 2013, and the second part, which shall provide recommendations with respect to States other than the Western States, shall be provided by April 1, 2014. SEC. 2. Energy Corridors for the Western States. (a) The Secretaries shall strongly encourage the use of des- ignated energy corridors on Federal land in the West- ern States where the energy corridors are consistent with the requirements in this memorandum and other applicable requirements, unless it can be demonstrated that a project cannot be constructed within a des- ignated corridor due to resource constraints on Federal lands. Additionally, the Secretaries, pursuant to sec- tion 368 of the Act, shall continue to evaluate des- ignated energy corridors to determine the necessity for revisions, deletions, or additions to those energy cor- ridors. Also, the Secretaries, coordinated by the Secre- taries of the Interior and Agriculture, shall: (i) by July 12, 2013, provide to the Steering Com- mittee a plan for producing the Western corridor study and regional corridor assessments (as specified in sub- section (a)(ii) and (a)(iii) of this section), which shall include descriptions of timelines and milestones, exist- ing resources to be utilized, plans for collaborating with Member Agencies, and plans for consulting with other Federal agencies, State, local, and tribal govern- ments, affected industries, environmental and commu- nity representatives, and other interested parties; (ii) within 12 months of completion of the plan pursu- ant to subsection (a)(i) of this section, provide to the Steering Committee a Western corridor study, which shall assess the utility of the existing designated en- ergy corridors; (iii) provide to the Steering Committee regional cor- ridor assessments, which shall examine the need for ad- ditions, deletions, and revisions to the existing energy corridors for the Western States by region. The re- gional corridor assessments shall evaluate energy cor- ridors based on the requirements set forth in sub- section (a) of section 1, the Report issued pursuant to subsection (b) of section 1, and the Western corridor study. The regional corridor assessments shall be com- pleted promptly, depending on resource availability, with at least the first assessment completed within 12 months of completion of the plan pursuant to sub- section (a)(i) of this section; (iv) by November 12, 2014, provide to the Steering Committee and the Office of Management and Budget (OMB) an implementation plan for achieving the re- quirements set forth in subsections (a)(v) and (a)(vi) of this section based on the regional corridor assessments. The implementation plan shall include timelines and milestones that prioritize coordinated agency actions and a detailed budget; (v) promptly after the completion of the regional cor- ridor assessments and prioritized based on the avail- ability of resources, undertake coordinated land use planning and environmental and cultural resource re- view processes to consider additions, deletions, or revi- sions to the current Western energy corridors, con- sistent with the requirements set forth in subsection (a) of section 1, the Report required issued pursuant to subsection (b) of section 1, and the Western corridor study; and (vi) as appropriate, after completing the required en- vironmental and cultural resource analyses, promptly incorporate the designated Western corridor additions, deletions, or revisions and any mitigation plans devel- oped pursuant to subsection (a)(vii) of section 1 into relevant agency land use and resource management plans or equivalent plans prioritized based on the avail- ability of resources. (b) The Member Agencies, where authorized, shall complete any required land use planning, internal pol- icy, and interagency agreements to formalize the des- ignation of energy corridors implemented pursuant to subsection (a)(vi) of this section. The Secretaries and Member Agencies shall also develop and implement a process for expediting applications for applicants whose projects are sited primarily within the designated en- ergy corridors in the Western States, and who have committed to implement the necessary mitigation ac- tivities, including those required by the interagency mitigation plans required by subsection (a)(vii) of sec- tion 1. SEC. 3. Energy Corridors for the Non-Western States. The Secretaries, in collaboration with the Member Agen- cies, shall continue to analyze where energy corridors on Federal land in States other than those identified as Western States may be necessary to address the rec- ommendations in the Report issued pursuant to sub- section (b) of section 1 and the requirements set forth in subsection (a) of section 1, and to expedite the siting, permitting, and review of electric transmission projects on Federal lands in those States. By Sep- tember 1, 2014, the Secretaries shall provide the Steer- ing Committee with updated recommendations regard- ing designating energy corridors in those States. SEC. 4. Improved Transmission Siting, Permitting, and Review Processes. (a) Member Agencies shall develop an integrated, interagency pre-application process for sig- nificant onshore electric transmission projects requir- ing Federal approval. The process shall be designed to: promote predictability in the Federal siting, permit- ting, and review processes; encourage early engage- ment, coordination, and collaboration of Federal, State, local, and tribal governments, non-governmental organizations, and the public; increase the use of inte- grated project planning early in the siting, permitting, and review processes; facilitate early identification of issues that could diminish the likelihood that projects will ultimately be permitted; promote early planning for integrated and strategic mitigation plans; expedite siting, permitting, and review processes through a mu- tual understanding of the needs of all affected Federal agencies and State, local, and tribal governments; and improve environmental and cultural outcomes. By September 30, 2013, Member Agencies shall provide to the Chief Performance Officer (CPO) and the Chair of the Council on Environmental Quality a plan, including timelines and milestones, for implementing this proc- ess. (b) In implementing Executive Order 13604, Member Agencies shall: (i) improve siting, permitting, and review processes for all electric transmission projects, both onshore and offshore, requiring Federal approval. Such improve- ments shall include: increasing efficiency and inter- agency coordination; increasing accountability; ensur- ing an efficient decision-making process within each agency; to the extent possible, unifying and harmo- nizing processes among agencies; improving consist- ency and transparency within each agency and among all agencies; improving environmental and cultural outcomes; providing mechanisms for early and frequent public and local community outreach; and enabling in- novative mechanisms for mitigation and mitigation at the landscape or watershed scale; and (ii) facilitate coordination, integration, and harmoni- zation of the siting, permitting, and review processes of Federal, State, local, and tribal governments for trans- mission projects to reduce the overall regulatory bur- den while improving environmental and cultural out- comes. SEC. 5. General Provisions. (a) The Secretaries and the Member Agencies shall coordinate the activities re- quired by this memorandum with the Steering Com- mittee and shall report to the Steering Committee Page 8746 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15927 their progress on meeting the milestones identified pursuant to this memorandum, consistent with the plans developed pursuant to sections 2 and 4 of this memorandum. The CPO shall report on the implemen- tation of this memorandum in the report to the Presi- dent submitted pursuant to section 2(e) of Executive Order 13604. (b) In carrying out their responsibilities under this memorandum, Member Agencies shall consult relevant independent agencies, including the Federal Energy Regulatory Commission. (c) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (d) This memorandum shall be implemented con- sistent with Executive Order 13175 of November 6, 2000 (Consultation and Coordination with Indian Tribal Governments) and my memorandum of November 5, 2009 (Tribal Consultation). (e) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals. (f) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (g) The Director of OMB is hereby authorized and di- rected to publish this memorandum in the Federal Reg- ister. BARACK OBAMA. § 15927. Oil shale, tar sands, and other strategic unconventional fuels (a) Short title This section may be cited as the ‘‘Oil Shale, Tar Sands, and Other Strategic Unconventional Fuels Act of 2005’’. (b) Declaration of policy Congress declares that it is the policy of the United States that— (1) United States oil shale, tar sands, and other unconventional fuels are strategically important domestic resources that should be developed to reduce the growing dependence of the United States on politically and economi- cally unstable sources of foreign oil imports; (2) the development of oil shale, tar sands, and other strategic unconventional fuels, for research and commercial development, should be conducted in an environmentally sound manner, using practices that minimize im- pacts; and (3) development of those strategic unconven- tional fuels should occur, with an emphasis on sustainability, to benefit the United States while taking into account affected States and communities. (c) Leasing program for research and develop- ment of oil shale and tar sands In accordance with section 241 of title 30 and any other applicable law, except as provided in this section, not later than 180 days after Au- gust 8, 2005, from land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) shall make available for leasing such land as the Sec- retary considers to be necessary to conduct re- search and development activities with respect to technologies for the recovery of liquid fuels from oil shale and tar sands resources on public lands. Prospective public lands within each of the States of Colorado, Utah, and Wyoming shall be made available for such research and de- velopment leasing. (d) Programmatic environmental impact state- ment and commercial leasing program for oil shale and tar sands (1) Programmatic environmental impact state- ment Not later than 18 months after August 8, 2005, in accordance with section 4332(2)(C) of this title, the Secretary shall complete a pro- grammatic environmental impact statement for a commercial leasing program for oil shale and tar sands resources on public lands, with an emphasis on the most geologically prospec- tive lands within each of the States of Colo- rado, Utah, and Wyoming. (2) Final regulation Not later than 6 months after the comple- tion of the programmatic environmental im- pact statement under this subsection, the Sec- retary shall publish a final regulation estab- lishing such program. (e) Commencement of commercial leasing of oil shale and tar sands Not later than 180 days after publication of the final regulation required by subsection (d), the Secretary shall consult with the Governors of States with significant oil shale and tar sands resources on public lands, representatives of local governments in such States, interested In- dian tribes, and other interested persons, to de- termine the level of support and interest in the States in the development of tar sands and oil shale resources. If the Secretary finds sufficient support and interest exists in a State, the Sec- retary may conduct a lease sale in that State under the commercial leasing program regula- tions. Evidence of interest in a lease sale under this subsection shall include, but not be limited to, appropriate areas nominated for leasing by potential lessees and other interested parties. (f) Diligent development requirements The Secretary shall, by regulation, designate work requirements and milestones to ensure the diligent development of the lease. (g) Initial report by the Secretary of the Interior Within 90 days after August 8, 2005, the Sec- retary of the Interior shall report to the Com- mittee on Resources of the House of Representa- tives and the Committee on Energy and Natural Resources of the Senate on— (1) the interim actions necessary to— (A) develop the program, complete the pro- grammatic environmental impact state- ment, and promulgate the final regulation as required by subsection (d); and (B) conduct the first lease sales under the program as required by subsection (e); and (2) a schedule to complete such actions with- in the time limits mandated by this section. (h) Task Force (1) Establishment The Secretary of Energy, in cooperation with the Secretary of the Interior and the Sec-