Page:United States Statutes at Large Volume 119.djvu/968

 119 STAT. 950

President. Deadline. President.

Deadline. Regulations. Deadline. Memorandum.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

PUBLIC LAW 109–58—AUG. 8, 2005

‘‘(i) issue the necessary authorization with any appropriate conditions; or ‘‘(ii) deny the application. ‘‘(C) The President shall issue a decision not later than 90 days after the date of the filing of the appeal. ‘‘(D) In making a decision under this paragraph, the President shall comply with applicable requirements of Federal law, including any requirements of— ‘‘(i) the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); ‘‘(ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ‘‘(iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ‘‘(iv) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and ‘‘(v) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). ‘‘(7)(A) Not later than 18 months after the date of enactment of this section, the Secretary shall issue any regulations necessary to implement this subsection. ‘‘(B)(i) Not later than 1 year after the date of enactment of this section, the Secretary and the heads of all Federal agencies with authority to issue Federal authorizations shall enter into a memorandum of understanding to ensure the timely and coordinated review and permitting of electricity transmission facilities. ‘‘(ii) Interested Indian tribes, multistate entities, and State agencies may enter the memorandum of understanding. ‘‘(C) The head of each Federal agency with authority to issue a Federal authorization shall designate a senior official responsible for, and dedicate sufficient other staff and resources to ensure, full implementation of the regulations and memorandum required under this paragraph. ‘‘(8)(A) Each Federal land use authorization for an electricity transmission facility shall be issued— ‘‘(i) for a duration, as determined by the Secretary, commensurate with the anticipated use of the facility; and ‘‘(ii) with appropriate authority to manage the right-ofway for reliability and environmental protection. ‘‘(B) On the expiration of the authorization (including an authorization issued before the date of enactment of this section), the authorization shall be reviewed for renewal taking fully into account reliance on such electricity infrastructure, recognizing the importance of the authorization for public health, safety, and economic welfare and as a legitimate use of Federal land. ‘‘(9) In exercising the responsibilities under this section, the Secretary shall consult regularly with— ‘‘(A) the Federal Energy Regulatory Commission; ‘‘(B) electric reliability organizations (including related regional entities) approved by the Commission; and ‘‘(C) Transmission Organizations approved by the Commission. ‘‘(i) INTERSTATE COMPACTS.—(1) The consent of Congress is given for three or more contiguous States to enter into an interstate compact, subject to approval by Congress, establishing regional transmission siting agencies to—

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