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 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 consid- eration and review could be completed within the time limits established under this chapter. An application under this section may be ac- cepted 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 per- son would acquire a financial or other interest in the system. (Pub. L. 95–617, title V, § 504, Nov. 9, 1978, 92 Stat. 3158.) § 2005. Review schedule (a) Establishment The Secretary of the Interior, after consulta- tion with the heads of appropriate Federal agen- cies, shall establish an expedited schedule for conducting reviews and making recommenda- tions concerning crude oil transportation sys- tems proposed in applications filed under sec- tion 2004 of this title and for obtaining informa- tion necessary for environmental impact state- ments required under section 4332 of title 42 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 infor- mation as may be necessary to conduct the re- view of the applicant’s proposal. Such informa- tion may include— (A) specific details of the route (and alter- native 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. (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, 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 ap- plicant and the President of such ineligibility. (c) Recommendations of heads of Federal agen- cies (1) Pursuant to the schedule established under subsection (a), heads of Federal agencies covered by such schedule shall conduct a review of a pro- posed crude oil transportation system eligible for consideration under this chapter and shall submit their recommendations concerning such systems (and the basis for such recommenda- tions) to the Secretary of the Interior for sub- mission 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, on or before De- cember 1, 1978, and (B) in the case of applications filed under section 2004(2) of this title, 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 Gov- ernor and any other official of any State and any official of any political subdivision of a State, may submit written comments con- cerning proposed crude oil transportation sys- tems eligible for consideration under this chap- ter. (B) After receipt of recommendations referred to in subparagraph (A), the Secretary of the In- Page 614 TITLE 43—PUBLIC LANDS § 2006 terior shall make such comments and rec- ommendations available to the public and pro- vide 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 appli- cation and such other information as the Com- mission may reasonably require. The Commis- sion 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 pub- lic. Nothing in this subsection shall be con- strued to prevent the President from making his decision under section 2007(a) of this title in the absence of such report. (2) Nothing in this chapter shall bar the Attor- ney 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 con- vey to any person immunity from civil or crimi- nal 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 Fed- eral 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 determina- tion with respect to such an application may be made only in accordance with the provisions of section 2009(a) of this title. (Pub. L. 95–617, title V, § 505, Nov. 9, 1978, 92 Stat. 3158.) Statutory Notes and Related Subsidiaries DEFINITIONS The definitions of ‘‘State’’ and ‘‘antitrust laws’’ in section 2602 of Title 16, Conservation, apply to this sec- tion. § 2006. Environmental impact statements (a) Preparation of environmental impact state- ments Any Federal agency required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) to issue an environmental impact statement concerning a proposed crude oil transportation system eligible for consider- ation under this chapter shall, in preparing such statement, utilize, to the maximum extent prac- ticable and consistent with such Act [42 U.S.C. 4321 et seq.], appropriate data, analyses, conclu- sions, findings, and decisions regarding environ- mental impacts developed or made by any other Federal or State agency. (b) Filing of environmental impact statements On or before December 1, 1978, all environ- mental impact statements concerning proposed crude oil transportation systems eligible for consideration under this chapter and required under section 102 of the National Environmental Policy Act of 1969 [42 U.S.C. 4332] shall be com- pleted, made available for public review and comment, revised to the extent appropriate in light of such comment, and submitted to the President and the Council on Environmental Quality; except that in the case of any environ- mental impact statement concerning any crude oil transportation system which is eligible for consideration and which was filed under section 2004(2) of this title, such actions may be taken not later than 60 days after December 1, 1978. (c) Report of Council on Environmental Quality Promptly after receiving an environmental impact statement referred to in subsection (b) for a crude oil transportation system, the Coun- cil on Environmental Quality shall submit to the President a report on the Council’s opinion concerning such statement and concerning other matters related to the environmental impact of such system. (Pub. L. 95–617, title V, § 506, Nov. 9, 1978, 92 Stat. 3160.) Editorial Notes REFERENCES IN TEXT Such Act, referred to in subsec. (a), means the Na- tional Environmental Policy Act of 1969, 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 Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. Statutory Notes and Related Subsidiaries DEFINITIONS The definition of ‘‘State agency’’ in section 2602 of Title 16, Conservation, applies to this section. § 2007. Decision of President (a) Decision concerning approval or disapproval of proposed systems (1) After reviewing all the information sub- mitted to him concerning the various proposed crude oil transportation systems eligible for consideration under this chapter (including en- vironmental impact statements, comments, re- ports, recommendations, and other information submitted to him at any time before he makes his decision) and after consulting the Secre- taries of Energy, the Interior, and Transpor- tation, the President shall decide which, if any, of such systems shall be approved for the pur- poses of section 2008 of this title (relating to procedures for waiver of law), section 2009 of this title (relating to expedited procedures for issuance of permits), section 2010 of this title (relating to negotiations with the Government of Canada), and section 2011 of this title (relat-