Title 42 — The Public Health and Welfare
Part B · Chapter 149 — National Energy Policy and Programs
§ 15928. Consultation regarding energy rights-of-way on public land
Statutory text
Memorandum of understanding
In general
Not later than 6 months after , the Secretary of Energy, in consultation with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Defense with respect to lands under their respective jurisdictions, shall enter into a memorandum of understanding to coordinate all applicable Federal authorizations and environmental reviews relating to a proposed or existing utility facility. To the maximum extent practicable under applicable law, the Secretary of Energy shall, to ensure timely review and permit decisions, coordinate such authorizations and reviews with any Indian tribes, multi-State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the affected utility facility.
Contents
The memorandum of understanding shall include provisions that—
establish—
a unified right-of-way application form; and
an administrative procedure for processing right-of-way applications, including lines of authority, steps in application processing, and timeframes for application processing;
provide for coordination of planning relating to the granting of the rights-of-way;
provide for an agreement among the affected Federal agencies to prepare a single environmental review document to be used as the basis for all Federal authorization decisions; and
provide for coordination of use of right-of-way stipulations to achieve consistency.
Natural gas pipelines
In general
With respect to permitting activities for interstate natural gas pipelines, the May 2002 document entitled “Interagency Agreement On Early Coordination Of Required Environmental And Historic Preservation Reviews Conducted In Conjunction With The Issuance Of Authorizations To Construct And Operate Interstate Natural Gas Pipelines Certificated By The Federal Energy Regulatory Commission” shall constitute compliance with subsection (a).
Report
In general
Not later than 1 year after , and every 2 years thereafter, agencies that are signatories to the document referred to in paragraph (1) shall transmit to Congress a report on how the agencies under the jurisdiction of the Secretaries are incorporating and implementing the provisions of the document referred to in paragraph (1).
Contents
The report shall address—
efforts to implement the provisions of the document referred to in paragraph (1);
whether the efforts have had a streamlining effect;
further improvements to the permitting process of the agency; and
recommendations for inclusion of State and tribal governments in a coordinated permitting process.
Definition of utility facility
In this section, the term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system—
for the transportation of—
oil, natural gas, synthetic liquid fuel, or gaseous fuel;
any refined product produced from oil, natural gas, synthetic liquid fuel, or gaseous fuel; or
products in support of the production of material referred to in subparagraph (A) or (B);
for storage and terminal facilities in connection with the production of material referred to in paragraph (1); or
for the generation, transmission, and distribution of electric energy.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Energy Policy Act of 2005
Pub. L. 109–58 title III § 372 · 119 Stat. 594
Enacted · 42 U.S.C. § 15928
(Pub. L. 109–58, title III, § 372, Aug. 8, 2005, 119 Stat. 734.)
Source evidence
Code source credit
(Pub. L. 109–58, title III, § 372, Aug. 8, 2005, 119 Stat. 734.)Enacted provision · exact public law section
SEC. 372. CONSULTATION REGARDING ENERGY RIGHTS-OF-WAY ON PUBLIC LAND. (a) Memorandum of Understanding.— (1) In general.— Not Deadline. later than 6 months after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Defense with respect to lands under their respective jurisdictions, shall enter into a memorandum of understanding to coordinate all applicable Federal authorizations and environmental reviews relating to a proposed or existing utility facility. To the maximum extent practicable under applicable law, the Secretary of Energy shall, to ensure timely review and permit decisions, coordinate such authorizations and reviews with any Indian tribes, multi-State entities, and State agencies that are responsible for conducting any separate permitting and environmental reviews of the affected utility facility. (2) Contents.— The memorandum of understanding shall include provisions that— (A) establish— (i) a unified right-of-way application form; and (ii) an administrative procedure for processing right-of-way applications, including lines of authority, steps in application processing, and timeframes for application processing; (B) provide for coordination of planning relating to the granting of the rights-of-way; (C) provide for an agreement among the affected Federal agencies to prepare a single environmental review document to be used as the basis for all Federal authorization decisions; and (D) provide for coordination of use of right-of-way stipulations to achieve consistency. (b) Natural Gas Pipelines.— (1) In general.— With respect to permitting activities for interstate natural gas pipelines, the May 2002 document entitled “Interagency Agreement On Early Coordination Of Required Environmental And Historic Preservation Reviews Conducted In Conjunction With The Issuance Of Authorizations To Construct And Operate Interstate Natural Gas Pipelines Certificated By The Federal Energy Regulatory Commission” shall constitute compliance with subsection (a). (2) Report.— (A) In general.— Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, agencies that are signatories to the document referred to in paragraph (1) shall transmit to Congress a report on how the agencies under the jurisdiction of the Secretaries are incorporating and implementing the provisions of the document referred to in paragraph (1). (B) Contents.— The report shall address— (i) efforts to implement the provisions of the document referred to in paragraph (1); (ii) whether the efforts have had a streamlining effect; (iii) further improvements to the permitting process of the agency; and (iv) recommendations for inclusion of State and tribal governments in a coordinated permitting process. (c) Definition of Utility Facility.— In this section, the term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system— (1) for the transportation of— (A) oil, natural gas, synthetic liquid fuel, or gaseous fuel; (B) any refined product produced from oil, natural gas, synthetic liquid fuel, or gaseous fuel; or (C) products in support of the production of material referred to in subparagraph (A) or (B); (2) for storage and terminal facilities in connection with the production of material referred to in paragraph (1); or (3) for the generation, transmission, and distribution of electric energy.
1 of 1 references resolved to an enrolled provision