Page:United States Statutes at Large Volume 92 Part 3.djvu/533

 PUBLIC LAW 95-617—NOV. 9, 1978

92 STAT. 3 1 6 5

approved by any State does not appear to be feasible and in the public interest, the Secretary shall encourage such State to review such route and to develop a route that is feasible and i n the public interest. Any exercise by the Secretary of the power of eminent domain under this section shall be in accordance with other applicable provisions of Federal law. The Secretary shall provide public notice of his intention to Notice, acquire any right-of-way before exercising such power of eminent domain with respect to such right-of-way. (b) PERMIT.—Notwithstanding any transfer of functions under the first sentence of section 301(b) of the Department of Energy Organization Act, no permit referred to in subsection (a)(1)(B) may be 42 USC 7151. issued unless the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act and 16 USC 824a. under the applicable execution order respecting the construction, operation, maintenance, or connection at the borders of the United States of facilities for the transmission of electric energy between the United States and a foreign country. Any finding of the Commission under an applicable executive order referred to in this subsection shall be treated for purposes of judicial review as an order issued under section 202(e) of the Federal Power Act. (c) T I M E L Y ACQUISITION BY OTHER M E A N S. — The Secretary may

not acquire any rights-of-day under this section unless he determines that the holder or holders of a permit referred to in subsection (a)(1) (B) are unable to acquire such rights-of-way under State condemnation authority, or after reasonable opportunity for negotiation, without unreasonably delaying construction, taking into consideration the impact of such delay on completion of the facilities i n a timely fashion. (d) P A Y M E N T S BY P E R M I T T E E S. — (1) The property interest acquired



by the Secretary under this section (whether by eminent domain or other purchase) shall be transferred by the Secretary to the holder of a permit referred to in subsection (b) if such holder has made payment to the Secretary of the entire costs of the acquisition of such property interest, including administrative costs. The Secretary may accept, and expend, for purposes of such acquisition, amounts from any such person before acquiring a property interest to be transferred to such person under this section. (2) I f no payment is made by a permit holder under paragraph (1), within a reasonable time, the Secretary shall offer such rights-of-way to the original owner for reacquisition at the original price paid by the Secretary. I f such original owner refuses to reacquire such property .after a reasonable period, the Secretary shall dispose of such property in accordance with applicable provisions of law governing disposal of property of the United States. (e) FEDERAL L A W GOVERNING FEDERAL L A N D S. — T h i s section shall

not affect any Federal law governing Federal lands. (f) REPORTS.—The Secretary shall report annually to the Congress on the actions, if any, taken pursuant to this section. SEC. 603. UTILITY REGULATORY INSTITUTE. (a) MATCHING GRANTS.—The Secretary may make g r a n t s under this section to an institute established by the National Association of Regulatory U t i l i t y Commissioners to enable such institute to — (1) conduct research on electric and gas utility regulatory policy issues, (2) develop data processing and retrieval methods for electric and gas utility ratemaking, and

Report to Congress. 16 USC 2645. Grants,

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