§ 3164. — Procedural requirements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC3164]
TITLE 16--CONSERVATION
CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
SUBCHAPTER IV--TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND
ACCESS INTO, CONSERVATION SYSTEM UNITS
Sec. 3164. Procedural requirements
(a) In general
Notwithstanding any provision of applicable law, no action by any
Federal agency under applicable law with respect to the approval or
disapproval of the authorization, in whole or in part, of any
transportation or utility system shall have any force or effect unless
the provision of this section are complied with.
(b) Consolidated applications
(1) Within one hundred and eighty days after December 2, 1980, the
Secretary, the Secretary of Agriculture, and the Secretary of
Transportation, in consultation with the heads of other appropriate
Federal agencies, shall jointly prescribe and publish a consolidated
application form to be used for applying for the approval of each type
of transportation or utility system. Each such application form shall be
designed to elicit such information as may be necessary to meet the
requirements of this subchapter and the applicable law with respect to
the type of system concerned.
(2) For purposes of this section, the heads of all appropriate
Federal agencies, including the Secretary of Transportation, shall share
decisionmaking responsibility in the case of any transportation or
utility system described in section 3162(4)(B)(ii), (iii), or (vii) of
this title; but with respect to any such system for which he does not
have programmatic responsibility, the Secretary of Transportation shall
provide to the other Federal agencies concerned such planning and other
assistance as may be appropriate.
(c) Filing
Each applicant for the approval of any transportation or utility
system shall file on the same day an application with each appropriate
Federal agency. The applicant shall utilize the consolidated form
prescribed under subsection (b) of this section for the type of
transportation or utility system concerned.
(d) Agency notice
(1) Within sixty days after the receipt of an application filed
pursuant to subsection (c) of this section, the head of each Federal
agency with whom the application was filed shall inform the applicant in
writing that, on its face--
(A) the application appears to contain the information required
by this subchapter and applicable law insofar as that agency is
concerned; or
(B) the application does not contain such information.
(2) Any notice provided under paragraph (1)(B) shall specify what
additional information the applicant must provide. If the applicant
provides additional information, the head of the Federal agency must
inform the applicant in writing, within thirty days after receipt of
such information, whether the information is sufficient.
(e) Environmental impact statement
The draft of any environmental impact statement required under the
National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] in
connection with any application filed under this section shall be
completed, within nine months from the date of filing, by the head of
the Federal agency assigned lead responsibility for the statement. Any
such statement shall be jointly prepared by all Federal agencies with
which the application was filed under subsection (c) of this section.
The final environmental impact statement shall be completed within one
year from the date of such filing. Such nine-month and one-year periods
may be extended for good cause by the Federal agency head assigned lead
responsibility for the preparation of such statement if he determines
that additional time is necessary for such preparation, notifies the
applicant in writing of such determination, and publishes notices of
such determination, together with the reasons therefor, in the Federal
Register. The provisions of section 1734 of title 43 shall apply to each
environmental impact statement under this subsection in the same manner
as such provisions apply to applications relating to the public lands
referred to in section 1734 of title 43. The Federal agency assigned
lead responsibility shall, in conjunction with such other Federal
agencies before which the application is pending, hold public hearings
in the District of Columbia and an appropriate location in the State on
each draft joint environmental impact statement and the views expressed
therein shall be considered by all Federal agencies concerned before
publication of the final joint environmental impact statement.
(f) Other views
During both the nine-month period, and the succeeding three-month
period plus any extension thereof provided for in subsection (e) of this
section, the heads of the Federal agencies concerned shall solicit and
consider the views of other Federal departments and agencies, the Alaska
Land Use Council, the State, affected units of local government in the
State, and affected corporations formed pursuant to the Alaska Native
Claims Settlement Act [43 U.S.C. 1601 et seq.], and, after public
notice, shall receive and consider statements and recommendations
regarding the application submitted by interested individuals and
organizations.
(g) Agency decision
(1) Within four months after the final environmental impact
statement is published in accordance with subsection (e) of this section
with respect to any transportation or utility system, each Federal
agency shall make a decision to approve or disapprove, in accordance
with applicable law, each authorization and that applies with respect to
the system and that is within the jurisdiction of that agency.
(2) The head of each Federal agency, in making a decision referred
to in paragraph (1), shall consider, and make detailed findings
supported by substantial evidence, with respect to--
(A) the need for, and economic feasibility of, the
transportation or utility system;
(B) alternative routes and modes of access, including a
determination with respect to whether there is any economically
feasible and prudent alternative to the routing of the system
through or within a conservation system unit, national recreation
area, or national conservation area and, if not, whether there are
alternative routes or modes which would result in fewer or less
severe adverse impacts upon the conservation system unit;
(C) the feasibility and impacts of including different
transportation or utility systems in the same area;
(D) short- and long-term social, economic, and environmental
impacts of national, State, or local significance, including impacts
on fish and wildlife and their habitat, and on rural, traditional
lifestyles;
(E) the impacts, if any, on the national security interests of
the United States, that may result from approval or denial of the
application for a transportation or utility system;
(F) any impacts that would affect the purposes for which the
Federal unit or area concerned was established;
(G) measures which should be instituted to avoid or minimize
negative impacts; and
(H) the short- and long-term public values which may be
adversely affected by approval of the transportation or utility
system versus the short- and long-term public benefits which may
accrue from such approval.
(Pub. L. 96-487, title XI, Sec. 1104, Dec. 2, 1980, 94 Stat. 2459.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (e), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
The Alaska Native Claims Settlement Act, referred to in subsec. (f),
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43,
Public Lands. For complete classification of this Act to the Code, see
Short Title note set out under section 1601 of Title 43 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 410hh, 3162, 3166 of this
title.
