42 USC 15928 - Consultation regarding energy rights-of-way on public land

U.S Code last checked for updates: Nov 25, 2024

§ 15928.

Consultation regarding energy rights-of-way on public land

(a)

Memorandum of understanding

(1)

In general

(2)

Contents

The memorandum of understanding shall include provisions that—

(A)

establish—

(i)

a unified right-of-way application form; and

(ii)

an administrative procedure for processing right-of-way applications, including lines of authority, steps in application processing, and timeframes for application processing;

(B)

provide for coordination of planning relating to the granting of the rights-of-way;

(C)

provide for an agreement among the affected Federal agencies to prepare a single environmental review document to be used as the basis for all Federal authorization decisions; and

(D)

provide for coordination of use of right-of-way stipulations to achieve consistency.

(b)

Natural gas pipelines

(1)

In general

(2)

Report

(A)

In general

(B)

Contents

The report shall address—

(i)

efforts to implement the provisions of the document referred to in paragraph (1);

(ii)

whether the efforts have had a streamlining effect;

(iii)

further improvements to the permitting process of the agency; and

(iv)

recommendations for inclusion of State and tribal governments in a coordinated permitting process.

(c)

Definition of utility facility

In this section, the term “utility facility” means any privately, publicly, or cooperatively owned line, facility, or system—

(1)

for the transportation of—

(A)

oil, natural gas, synthetic liquid fuel, or gaseous fuel;

(B)

any refined product produced from oil, natural gas, synthetic liquid fuel, or gaseous fuel; or

(C)

products in support of the production of material referred to in subparagraph (A) or (B);

(2)

for storage and terminal facilities in connection with the production of material referred to in paragraph (1); or

(3)

for the generation, transmission, and distribution of electric energy.

(Pub. L. 109–58, title III, § 372, Aug. 8, 2005, 119 Stat. 734.)

cite as: 42 USC 15928