apply for a permit or siting approval for the pro-
posed project in a State because the applicant does 
not serve end-use customers in the State; or 
‘‘(C) a State commission or other entity that 
has authority to approve the siting of the facilities 
has— 
‘‘(i) withheld approval for more than 1 
year after the filing of an application pursuant 
to applicable law seeking approval or 1 year 
after the designation of the relevant national in-
terest electric transmission corridor, whichever 
is later; or 
‘‘(ii) conditioned its approval in such a 
manner that the proposed construction or modi-
fication will not significantly reduce trans-
mission congestion in interstate commerce or is 
not economically feasible; 
‘‘(2) the facilities to be authorized by the per-
mit will be used for the transmission of electric en-
ergy in interstate commerce; 
‘‘(3) the proposed construction or modification 
is consistent with the public interest; and 
‘‘(4) the proposed construction or modification 
will significantly reduce transmission congestion in
interstate commerce and protects or benefits con-
sumers. 
‘‘(c) PERMIT APPLICATIONS.—Applications for per-
mits to be issued pursuant to subsection (b) shall be made 
in writing to the Commission. The Commission shall issue 
rules setting forth the form of the application, the infor-
mation to be contained in the application, and the manner 
of service of notice of the permit application upon inter-
ested persons. 
‘‘(d) COMMENTS.—The Commission shall afford each 
State in which a transmission facility covered by the per-
mit to be issued under subsection (b) is or will be located, 
each affected Federal agency and Indian tribe, private 
property owners, and other interested persons, a reason-
able opportunity to present their views and recommenda-
tions with respect to the need for and impact of a facility 
covered by the permit. 
‘‘(e) RIGHTS-OF-WAY.—In the case of a permit under 
subsection (b) for electric transmission facilities to be lo-
cated on property other than property owned by the 
United States or a State, if the permit holder cannot ac-
quire by contract, or is unable to agree with the owner 
of the property to the compensation to be paid for, the 
necessary right-of-way to construct or modify such trans-
mission facilities, the permit holder may acquire the right-
of-way by the exercise of the right of eminent domain in 
the district court of the United States for the district in 
which the property concerned is located, or in the appro-
priate court of the State in which the property is located. 
The practice and procedure in any action or proceeding 
for that purpose in the district court of the United States 
shall conform as nearly as may be with the practice and 
procedure in similar action or proceeding in the courts of 
the State where the property is situated. 
‘‘(f) STATE LAW.— Nothing in this section shall pre-
clude any person from constructing or modifying any 
transmission facility pursuant to State law. 
‘‘(g) COORDINATION OF FEDERAL AUTHORIZATIONS 
FOR TRANSMISSION AND DISTRIBUTION FACILITIES.— 
‘‘(1) LEAD AGENCY.—If an applicant, or pro-
spective applicant, for a Federal authorization re-
lated to an electric transmission or distribution facil-
ity so requests, the Secretary of Energy (DOE) shall 
act as the lead agency for purposes of coordinating 
and assuring expeditious processing of all applicable 
Federal authorizations and related environmental re-
views of the facility. For purposes of this subsection, 
the term ‘Federal authorization’ means any author-
ization required under Federal law in order to site 
a transmission or distribution facility, including but
not limited to such permits, special use authoriza-
tions, certifications, opinions, or other approvals as 
may be required, whether issued by a Federal or a 
State agency. To the maximum extent practicable 
under applicable Federal law, the Secretary of En-
ergy shall coordinate this Federal authorization and 
review process with any Indian tribes, multi-State 
entities, and State agencies that are responsible for 
conducting any separate permitting and environ-
mental reviews of the facility, to ensure timely and 
efficient review and permit decisions. 
‘‘(2) AUTHORITY TO SET DEADLINES.—As lead 
agency, the Secretary of Energy shall establish 
prompt and binding intermediate milestones and 
deadlines for the review of, and decisions relating to, 
the proposed facility, to enable completion of such 
review and decisions within one year of the request 
that the Secretary serve as lead agency. The Sec-
retary of Energy also shall provide an expeditious 
pre-application mechanism for prospective applicants 
to confer with the agencies involved to have each 
such agency determine and communicate to the pro-
spective applicant within 60 days of when the pro-
spective applicant submits a request for such infor-
mation concerning the likelihood of approval for a
potential facility, and key issues of concern to the 
agencies and public. 
‘‘(3) CONSOLIDATED ENVIRONMENTAL REVIEW 
AND RECORD OF DECISION.—As lead agency head, 
the Secretary of Energy, in consultation with the af-
fected agencies, shall prepare a single environmental 
review document, which shall be used as the basis 
for all decisions on the proposed project under Fed-
eral law. The document may be an environmental as-
sessment or environmental impact statement under 
the National Environmental Policy Act of 1969 if 
warranted, or such other form of analysis as may be 
warranted. The Secretary of Energy and the heads 
of other agencies shall streamline the review and 
permitting of transmission and distribution facilities 
within corridors designated under section 503 of the 
Federal Land Policy and Management Act (43 
U.S.C. 1763) by fully taking into account prior anal-
yses and decisions relating to the corridors. Such 
document shall include consideration by the relevant 
agencies of any applicable criteria or other matters 
as required under applicable laws. 
‘‘(4) APPEALS.—In the event that any agency 
has denied a Federal authorization required for a 
transmission or distribution facility, or has failed to