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 Land Use Council, the State, affected units of local gov- ernment in the State, and affected corporations formed pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and, after public notice, shall receive and consider state- ments and recommendations regarding the ap- plication submitted by interested individuals and organizations. (g) Agency decision (1) Within four months after the final environ- mental impact statement is published in accord- ance with subsection (e) with respect to any transportation or utility system, each Federal agency shall make a decision to approve or dis- approve, in accordance with applicable law, each authorization that applies with respect to the system and that is within the jurisdiction of that agency. (2) The head of each Federal agency, in mak- ing a decision referred to in paragraph (1), shall consider, and make detailed findings supported by substantial evidence, with respect to— (A) the need for, and economic feasibility of, the transportation or utility system; (B) alternative routes and modes of access, including a determination with respect to whether there is any economically feasible and prudent alternative to the routing of the system through or within a conservation sys- tem unit, national recreation area, or national conservation area and, if not, whether there are alternative routes or modes which would result in fewer or less severe adverse impacts upon the conservation system unit; (C) the feasibility and impacts of including different transportation or utility systems in the same area; (D) short- and long-term social, economic, and environmental impacts of national, State, or local significance, including impacts on fish and wildlife and their habitat, and on rural, traditional lifestyles; (E) the impacts, if any, on the national secu- rity interests of the United States, that may result from approval or denial of the applica- tion for a transportation or utility system; (F) any impacts that would affect the pur- poses for which the Federal unit or area con- cerned was established; (G) measures which should be instituted to avoid or minimize negative impacts; and (H) the short- and long-term public values which may be adversely affected by approval of the transportation or utility system versus the short- and long-term public benefits which may accrue from such approval. (Pub. L. 96–487, title XI, § 1104, Dec. 2, 1980, 94 Stat. 2459.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (e), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (f), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. § 3165. Standards for granting certain authoriza- tions In any case in which there is no applicable law with respect to a transportation or utility sys- tem, 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, 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 estab- lished; and (2) there is no economically feasible and pru- dent alternative route for the system. (Pub. L. 96–487, title XI, § 1105, Dec. 2, 1980, 94 Stat. 2461.) § 3166. Agency, Presidential, and Congressional actions (a) Agency action in cases other than those in- volving section 3165 or wilderness areas (1) In the case of any application for the ap- proval of any transportation or utility system to which section 3165 of this title does not apply Page 2253 TITLE 16—CONSERVATION § 3166 1 So in original. Probably should be followed by ‘‘and’’. or that does not occupy, use, or traverse any area within the National Wilderness Preserva- tion System, if, in compliance with section 3164 of this title— (A) each Federal agency concerned decides to approve each authorization within its juris- diction with respect to that system, then the system shall be deemed to be approved and each such agency shall promptly issue, in ac- cordance with applicable law, such rights-of- way, permits, licenses, leases, certificates, or other authorizations as are necessary with re- spect to the establishment of the system; or (B) one or more Federal agencies decide to disapprove any authorization within its juris- diction 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 ap- prove 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, that such approval would be in the public interest and that (1) such sys- tem would be compatible with the purposes for which the unit was established; and (2) there is no economically feasible and prudent alter- native route for the system. In making a deci- sion, the President shall consider any environ- mental impact statement prepared pursuant to section 3164(e) of this title, 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 ap- prove or deny the application shall be published in the Federal Register, together with a state- ment of the reasons for his determination. (3) If the President approves an application under paragraph (2), each Federal agency con- cerned shall promptly issue, in accordance with applicable law, such rights-of-way, permits, li- censes, leases, certificates, or other authoriza- tions as are necessary with respect to the estab- lishment 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 ap- proval of a transportation or utility system to which section 3165 of this title 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 dis- approved each authorization within its jurisdic- tion that applies with respect to the system. Such notification shall be accompanied by a statement of the reasons and findings sup- porting the agency position. (2) Within four months after receiving all noti- fication referred to in paragraph (1) and after considering such notifications, any environ- mental impact statement prepared pursuant to section 3164(e) of this title, and the comments of the public and Federal agencies received during the preparation of such statement, the Presi- dent shall decide whether or not the application for the system concerned should be approved. If the President denies an application the appli- cant shall be deemed to have exhausted his ad- ministrative remedies, and may file suit in any appropriate Federal court to challenge such de- cision. If the President approves the application, he shall submit to Congress his recommendation for approval of the transportation or utility sys- tem covered, whereupon the Congress shall con- sider the application as provided in subsection (c). The President shall include with his rec- ommendation to Congress— (A) the application which is the subject of his recommendation; (B) a report setting forth in detail the rel- evant factual background and the reasons for his findings and recommendation; (C) the joint environmental impact state- ment; 1 (D) a statement of the conditions and stipu- lations which would govern the use of the sys- tem if approved by the Congress. (c) Congressional approval (1) No application for any transportation or utility system with respect to which the Presi- dent 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 be- ginning 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 Con- gress— (A) as an exercise of the rulemaking power of each House of the Congress respectively, but applicable only with respect to the proce- dure 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 constitu- tional 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 Page 2254 TITLE 16—CONSERVATION § 3167 the House of Representatives and Senate ap- prove the application for under title XI of the Alaska National Interest Lands Con- servation 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 sub- section, the provisions of section 719f(d) of title 15 shall apply to the consideration of the resolu- tion. (6) After an application for a transportation or utility system has been approved under sub- section (a), the appropriate Federal agencies shall issue appropriate authorizations in accord- ance with applicable law. In any case in which an application for a transportation or utility system has been approved pursuant to sub- section (b), the appropriate Federal agencies shall issue appropriate authorizations in accord- ance with title V of the Federal Lands Policy Management Act [43 U.S.C. 1761 et seq.] or other applicable law. After issuance pursuant to this subsection, the appropriate land managing agen- cy shall administer the right-of-way in accord- ance with relevant management authorities of the land managing agency and title V of the Federal Lands Policy Management Act. (Pub. L. 96–487, title XI, § 1106, Dec. 2, 1980, 94 Stat. 2461.) Editorial Notes REFERENCES IN TEXT The Alaska National Interest Lands Conservation Act, referred to in subsec. (c)(4), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. Title XI of the Alaska National In- terest Lands Conservation Act is classified generally to this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. The Federal Land Policy and Management Act, re- ferred to in subsec. (c)(6), probably means the Federal Land Policy and Management Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743. Title V of the Federal Land Policy and Management Act of 1976 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. § 3167. Rights-of-way terms and conditions (a) Terms and conditions The Secretary, or the Secretary of Agriculture where national forest wilderness is involved, shall include in any right-of-way issued pursu- ant to an application under this subchapter, terms and conditions which shall include, but not be limited to— (1) requirements to insure that, to the max- imum extent feasible, the right-of-way is used in a manner compatible with the purposes for which the affected conservation system unit, national recreation area, or national conserva- tion area was established or is managed; (2) requirements for restoration, revegeta- tion, and curtailment of erosion of the surface of the land; (3) requirements to insure that activities in connection with the right-of-way will not vio- late applicable air and water quality standards and related facility siting standards estab- lished pursuant to law; (4) requirements, including the minimum necessary width, designed to control or pre- vent— (A) damage to the environment (including damage to fish and wildlife habitat), (B) damage to public or private property, and (C) hazards to public health and safety; (5) requirements to protect the interests of individuals living in the general area of the right-of-way who rely on the fish, wildlife, and biotic resources of the area for subsistence purposes; and (6) requirements to employ measures to avoid or minimize adverse environmental, so- cial or economic impacts. (b) Wild and Scenic Rivers System Any transportation or utility system approved pursuant to this subchapter which occupies, uses, or traverses any area within the bound- aries of a unit of the National Wild and Scenic Rivers System shall be subject to such condi- tions as may be necessary to assure that the stream flow of, and transportation on, such river are not interfered with or impeded, and that the transportation or utility system is located and constructed in an environmentally sound man- ner. (c) Pipeline rights-of-way In the case of a pipeline described in section 185(a) of title 30, a right-of-way issued pursuant to this subchapter shall be issued in the same manner as a right-of-way is granted under sec- tion 185 of title 30, and the provisions of sub- sections (c) through (j), (l) through (q), and (u) through (y) of section 185 of title 30 shall apply to rights-of-way issued pursuant to this sub- chapter. (Pub. L. 96–487, title XI, § 1107, Dec. 2, 1980, 94 Stat. 2463.) § 3168. Injunctive relief No court shall have jurisdiction to grant any injunctive relief lasting longer than ninety days against any action pursuant to this subchapter except in conjunction with a final judgment en- tered in a case involving an action pursuant to this subchapter. (Pub. L. 96–487, title XI, § 1108, Dec. 2, 1980, 94 Stat. 2464; Pub. L. 98–620, title IV, § 402(22)(B), Nov. 8, 1984, 98 Stat. 3358.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–620 redesignated subsec. (c) as entire section, and struck out subsecs. (a) and (b), which had related, respectively, to Congressional intent con- cerning, and time periods for, expedited judicial review. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620, set out as an Effective Date note under section 1657 of Title 28, Judiciary and Judicial Procedure.