§ 824a-4. — Seasonal diversity electricity exchange.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC824a-4]
TITLE 16--CONSERVATION
CHAPTER 12--FEDERAL REGULATION AND DEVELOPMENT OF POWER
SUBCHAPTER II--REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN
INTERSTATE COMMERCE
Sec. 824a-4. Seasonal diversity electricity exchange
(a) Authority
The Secretary may acquire rights-of-way by purchase, including
eminent domain, through North Dakota, South Dakota, and Nebraska for
transmission facilities for the seasonal diversity exchange of electric
power to and from Canada if he determines--
(1) after opportunity for public hearing--
(A) that the exchange is in the public interest and would
further the purposes referred to in section 2611(1) and (2) of
this title and that the acquisition of such rights-of-way and
the construction and operation of such transmission facilities
for such purposes is otherwise in the public interest,
(B) that a permit has been issued in accordance with
subsection (b) of this section for such construction, operation,
maintenance, and connection of the facilities at the border for
the transmission of electric energy between the United States
and Canada as is necessary for such exchange of electric power,
and
(C) that each affected State has approved the portion of the
transmission route located in each State in accordance with
applicable State law, or if there is no such applicable State
law in such State, the Governor has approved such portion; and
(2) after consultation with the Secretary of the Interior and
the heads of other affected Federal agencies, that the Secretary of
the Interior and the heads of such,\1\ other agencies concur in
writing in the location of such portion of the transmission
facilities as crosses Federal land under the jurisdiction of such
Secretary or such other Federal agency, as the case may be.
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\1\ So in original. Comma probably should be deleted.
The Secretary shall provide to any State such cooperation and technical
assistance as the State may request and as he determines appropriate in
the selection of a transmission route. If the transmission route
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 in 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 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 [42
U.S.C. 7151(b)], no permit referred to in subsection (a)(1)(B) may be
issued unless the Commission has conducted hearings and made the
findings required under section 202(e) of the Federal Power Act [16
U.S.C. 824a(e)] and 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) Timely acquisition by other means
The Secretary may not acquire any rights-of-day \2\ under this
section unless he determines that the holder or holders of a permit
referred to in subsection (a)(1)(B) of this section 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 in a timely fashion.
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\2\ So in original. Probably should be ``rights-of-way''.
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(d) Payments by permittees
(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) of this section 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) If 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. If 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 law governing Federal lands
This section shall not affect any Federal law governing Federal
lands.
(Pub. L. 95-617, title VI, Sec. 602, Nov. 9, 1978, 92 Stat. 3164.)
References in Text
The Secretary, referred to in subsecs. (a), (c), and (d), means the
Secretary of Energy. See section 2602(14) of this title.
The Commission, referred to in subsec. (b), means the Federal Energy
Regulatory Commission. See section 2602(3) of this title.
Codification
Subsection (f), which required the Secretary to report annually to
Congress on actions taken pursuant to this section, terminated,
effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance. See, also, page 90 of House Document No. 103-7.
Section was enacted as part of the Public Utility Regulatory
Policies Act of 1978, and not as part of the Federal Power Act which
generally comprises this chapter.
