§ 2005. — Review schedule.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC2005]
TITLE 43--PUBLIC LANDS
CHAPTER 38--CRUDE OIL TRANSPORTATION SYSTEMS
Sec. 2005. Review schedule
(a) Establishment
The Secretary of the Interior, after consultation with the heads of
appropriate Federal agencies, shall establish an expedited schedule for
conducting reviews and making recommendations concerning crude oil
transportation systems proposed in applications filed under section 2004
of this title and for obtaining information necessary for environmental
impact statements 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) of this section, the Secretary of the Interior shall
require that an applicant provide such additional information as may be
necessary to conduct the review of the applicant's proposal. Such
information may include--
(A) specific details of the route (and alternative 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 applicant and the President
of such ineligibility.
(c) Recommendations of heads of Federal agencies
(1) Pursuant to the schedule established under subsection (a) of
this section, heads of Federal agencies covered by such schedule shall
conduct a review of a proposed crude oil transportation system eligible
for consideration under this chapter and shall submit their
recommendations concerning such systems (and the basis for such
recommendations) to the Secretary of the Interior for submission 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 December 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
Governor and any other official of any State and any official of any
political subdivision of a State, may submit written comments concerning
proposed crude oil transportation systems eligible for consideration
under this chapter.
(B) After receipt of recommendations referred to in subparagraph
(A), the Secretary of the Interior shall make such comments and
recommendations available to the public and provide 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 application and such other information as the
Commission may reasonably require. The Commission 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 public. Nothing in this subsection
shall be construed 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 Attorney 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 convey to any person immunity from civil
or criminal 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 Federal 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 determination 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, Sec. 505, Nov. 9, 1978, 92 Stat. 3158.)
Section Referred to in Other Sections
This section is referred to in section 2007 of this title.
