16 U.S.C. § 3165 — Standards for granting certain authoriza-

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