Page:United States Statutes at Large Volume 94 Part 2.djvu/1184

 94 STAT. 2462

Judicial review.

Presidential notification.

PUBLIC LAW 96-487—DEC. 2, 1980

(3) If the President approves an application under paragraph (2), each Federal agency concerned shall promptly issue, in accordance with applicable law, such rights-of-way, permits, licenses, leases, certificates, or other authorizations as are necessary with respect to the establishment of the system. (4) If the President denies an application under paragraph (2), the applicant shall be deemed to have exhausted his administrative remedies and may file suit in any appropriate Federal court to challenge such decision. (b) AGENCY ACTION IN CASES INVOLVING SECTION 1105 OR WILDERNESS AREAS.—(1) In the case of any application for the approval of a

transportation or utility system to which section 1105 applies or that proposes to occupy, use, or traverse any area within the National Wilderness Preservation System, each Federal agency concerned shall promptly submit to the President notification whether the agency tentatively approved or disapproved each authorization within its jurisdiction that applies with respect to the system. Such notification shall be accompanied by a statement of the reasons and findings supporting the agency position. Presidential (2) Within four months after receiving all notification referred to in determination paragraph (1) and after considering such notifications, any environand recommendation mental impact statement prepared pursuant to section 1104(e), and the comments of the public and Federal agencies received during the to Congress. preparation of such statement, the President shall decide whether or not the application for the system concerned should be approved. If the President denies an application the applicant shall be deemed to have exhausted his administrative remedies, and may file suit in any appropriate Federal court to challenge such decision. If the President approves the application, he shall submit to Congress his recommendation for approval of the transportation or utility system covered, whereupon the Congress shall consider the application as provided in subsection (c). The President shall include with his recommendation to Congress— (A) the application which is the subject of his recommendation; (B) a report setting forth in detail the relevant factual background and the reasons for his findings and recommendation; (C) the joint environmental impact statement; (D) a statement of the conditions and stipulations which would govern the use of the system if approved by the Congress. (c) CONGRESSIONAL APPROVAL.—(1) No application for any transportation or utility system with respect to which the President makes a recommendation for approval under subsection (b) shall be approved unless the Senate and House of Representatives approve a resolution described in paragraph (4) within the first period of one hundred and twenty calendar days of continuous session of the Congress beginning on the date after the date of receipt by the Senate and House of Representatives of such recommendation. (2) For purposes of this subsection— (A) continuity of session of the Congress is broken only by an adjournment sine die; and (B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the one-hundred-and-twenty-day calendar period. (3) This subsection is enacted by the Congress— (A) as an exercise of the rulemaking power of each House of the Congress respectively, but applicable only with respect to the procedure to be followed in the House in the case of resolutions

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