§ 2007. — Decision of President.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC2007]
TITLE 43--PUBLIC LANDS
CHAPTER 38--CRUDE OIL TRANSPORTATION SYSTEMS
Sec. 2007. Decision of President
(a) Decision concerning approval or disapproval of proposed systems
(1) After reviewing all the information submitted to him concerning
the various proposed crude oil transportation systems eligible for
consideration under this chapter (including environmental impact
statements, comments, reports, recommendations, and other information
submitted to him at any time before he makes his decision) and after
consulting the Secretaries of Energy, the Interior, and Transportation,
the President shall decide which, if any, of such systems shall be
approved for the purposes 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 (relating to judicial review). A decision
approving a crude oil transportation system may include such
modifications and alterations in such system as the President finds
appropriate. The President shall issue his decision within 45 days after
receiving recommendations and comments submitted to him under section
2005(c) of this title, except that the President, for such period as he
deems necessary, but not to exceed 60 days, may delay his decision and
its issuance if he determines that additional time is otherwise
necessary to enable him to make a decision. If the President so delays
his decision, he shall promptly notify the House of Representatives and
the Senate of such delay and shall submit a full explanation of the
basis for such delay.
(2) Any decision made under this subsection approving a system
proposed under this chapter shall include a determination that
construction and operation of such system is in the national interest
and shall be based upon the criteria specified in subsection (b) of this
section.
(b) Criteria
(1) The criteria for making a decision under this subsection shall
include findings of--
(A) environmental impacts of the proposed systems and the
capability of such systems to minimize environmental risks resulting
from transportation of crude oil;
(B) the amount of crude oil available to northern tier States
and inland States and the projected demand in those States under
each of such systems;
(C) transportation costs and delivered prices of crude oil by
region under each of such systems;
(D) construction schedules for each of such systems and
possibilities for delay in such schedules;
(E) feasibility of financing for each of such systems;
(F) capital and operating costs of each of such systems,
including an analysis of the reliability of cost estimates and the
risk of cost overruns;
(G) net national economic costs and benefits of each such
system;
(H) the extent to which each system complies with the provisions
of section 410 of the Act approved November 16, 1973 (87 Stat. 594),
commonly known as the Trans-Alaska Pipeline Authorization Act;
(I) the effect of each such system on international relations,
including the status and time schedule for any necessary Canadian
approvals and plans;
(J) impact upon competition by each system;
(K) degree of safety and efficiency of design and operation of
each system;
(L) potential for interruption of deliveries of crude oil from
the west coast under each such system;
(M) capacity and cost of expanding such system to transport
additional volumes of crude oil in excess of initial system
capacity;
(N) national security considerations under each such system;
(O) relationship of each such system to national energy policy;
and
(P) such other factors as the President deems appropriate.
(2) The period of time for which such findings shall be made shall
be the useful life of the crude oil transportation system involved.
(c) Publication of findings and decision
The President shall make available to the public at the time of
issuance of a decision under this section a written statement setting
forth findings with respect to each of the criteria specified in
subsection (b) of this section and describing the nature and route of
crude oil transportation systems, if any, which are approved in the
decision. If the President's decision is to approve a system, each
statement shall set forth his reasons for approving such system over
other proposed systems (if any) eligible for consideration under this
chapter. Such statement along with notification of such decision shall
be published in the Federal Register.
(Pub. L. 95-617, title V, Sec. 507, Nov. 9, 1978, 92 Stat. 3160.)
References in Text
Section 410 of the Act approved November 16, 1973 (87 Stat. 594),
commonly known as the Trans-Alaska Pipeline Authorization Act, referred
to in subsec. (b)(1)(H), is section 410 of Pub. L. 93-153, Nov. 16,
1973, 87 Stat. 594, which is set out as a note under section 1651 of
this title.
Section Referred to in Other Sections
This section is referred to in sections 2005, 2008, 2010, 2011 of
this title.
