43 U.S.C. § 2004 — Applications for approval of proposed

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-