529
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
act by the deadline established by the Secretary pur-
suant to this section for deciding whether to issue
the authorization, the applicant or any State in
which the facility would be located may file an ap-
peal with the Secretary, who shall, in consultation
with the affected agency, review the denial or take
action on the pending application. Based on the
overall record and in consultation with the affected
agency, the Secretary may then either issue the nec-
essary authorization with any appropriate condi-
tions, or deny the application. The Secretary shall
issue a decision within 90 days of the filing of the
appeal. In making a decision under this paragraph,
the Secretary shall comply with applicable require-
ments of Federal law, including any requirements of
530
the Endangered Species Act, the Clean Water Act,
the National Forest Management Act, the National
Environmental Policy Act of 1969, and the Federal
Land Policy and Management Act.
‘‘(5) CONFORMING REGULATIONS AND MEMO-
RANDA
OF
UNDERSTANDING.—Not later than 18
months after the date of enactment of this section,
the Secretary of Energy shall issue any regulations
necessary to implement this subsection. Not later
than 1 year after the date of enactment of this sec-
tion, the Secretary and the heads of all Federal
agencies with authority to issue Federal authoriza-
tions shall enter into Memoranda of Understanding
to ensure the timely and coordinated review and per-
mitting of electricity transmission and distribution
facilities. The head of each Federal agency with au-
thority to issue a Federal authorization shall des-
ignate a senior official responsible for, and dedicate
sufficient other staff and resources to ensure, full
implementation of the DOE regulations and any
Memoranda. Interested Indian tribes, multi-State
entities, and State agencies may enter such Memo-
randa of Understanding.
531
‘‘(6) DURATION AND RENEWAL.—Each Federal
land use authorization for an electricity transmission
or distribution facility shall be issued—
‘‘(A) for a duration, as determined by the
Secretary of Energy, commensurate with the
anticipated use of the facility, and
‘‘(B) with appropriate authority to manage
the right-of-way for reliability and environ-
mental protection.
Upon the expiration of any such authorization (in-
cluding an authorization issued prior to enactment
of this section), the authorization shall be reviewed
for renewal taking fully into account reliance on
such electricity infrastructure, recognizing its impor-
tance for public health, safety and economic welfare
and as a legitimate use of Federal lands.
‘‘(7) MAINTAINING
AND
ENHANCING
THE
TRANSMISSION INFRASTRUCTURE.—In exercising the
responsibilities under this section, the Secretary of
Energy shall consult regularly with the Federal En-
ergy Regulatory Commission (FERC), FERC-ap-
proved electric reliability organizations (including re-
lated regional entities), and FERC-approved Re-
gional Transmission Organizations and Independent
System Operators.
532
‘‘(i) INTERSTATE COMPACTS.—The consent of Con-
gress is hereby given for 3 or more contiguous States to
enter into an interstate compact, subject to approval by
Congress, establishing regional transmission siting agen-
cies to facilitate siting of future electric energy trans-
mission facilities within such States and to carry out the
electric energy transmission siting responsibilities of such
States. The Secretary of Energy may provide technical as-
sistance to regional transmission siting agencies estab-
lished under this subsection. Such regional transmission
siting agencies shall have the authority to review, certify,
and permit siting of transmission facilities, including fa-
cilities in national interest electric transmission corridors
(other than facilities on property owned by the United
States). The Commission shall have no authority to issue
a permit for the construction or modification of electric
transmission facilities within a State that is a party to
a compact, unless the members of a compact are in dis-
agreement and the Secretary makes, after notice and an
opportunity for a hearing, the finding described in sub-
section (b)(1)(C).
‘‘(j) SAVINGS CLAUSE.—Nothing in this section shall
be construed to affect any requirement of the environ-
mental laws of the United States, including, but not lim-
ited to, the National Environmental Policy Act of 1969.