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‘‘(5) the proposed construction or modification
is consistent with sound national energy policy and
will enhance energy independence.
‘‘(c) PERMIT APPLICATIONS.—Permit applications
under subsection (b) shall be made in writing to the Com-
mission. The Commission shall issue rules setting forth
the form of the application, the information to be con-
tained in the application, and the manner of service of no-
tice of the permit application upon interested persons.
‘‘(d) COMMENTS.—In any proceeding before the
Commission under subsection (b), the Commission shall
afford each State in which a transmission facility covered
by the permit is or will be located, each affected Federal
agency and Indian tribe, private property owners, and
other interested persons, a reasonable opportunity to
present their views and recommendations 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-
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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) COMPENSATION.—Any exercise of eminent do-
main authority pursuant to this section shall be considered
a taking of private property for which just compensation
is due. Just compensation shall be an amount equal to
the full fair market value of the property taken on the
date of the exercise of eminent domain authority, except
that the compensation shall exceed fair market value if
necessary to make the landowner whole for decreases in
the value of any portion of the land not subject to eminent
domain. Any parcel of land acquired by eminent domain
under this subsection shall be transferred back to the
owner from whom it was acquired (or his heirs or assigns)
if the land is not used for the construction or modification
526
of electric transmission facilities within a reasonable pe-
riod of time after the acquisition. Other than construction,
modification, operation, or maintenance of electric trans-
mission facilities and related facilities, property acquired
under subsection (e) may not be used for any purpose (in-
cluding use for any heritage area, recreational trail, or
park) without the consent of the owner of the parcel from
whom the property was acquired (or the owner’s heirs or
assigns).
‘‘(h) 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 Department of Energy (DOE)
shall act as the lead agency for purposes of coordi-
nating all applicable Federal authorizations and re-
lated environmental reviews of the facility. For pur-
poses of this subsection, the term ‘Federal author-
ization’ means any authorization required under
Federal law in order to site a transmission or dis-
tribution facility, including but not limited to such
permits, special use authorizations, certifications,
opinions, or other approvals as may be required,
whether issued by a Federal or a State agency. To
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the maximum extent practicable under applicable
Federal law, the Secretary of Energy shall coordi-
nate 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 environmental reviews
of the facility, to ensure timely and efficient review
and permit decisions.
‘‘(2) AUTHORITY TO SET DEADLINES.—As lead
agency, the Department of Energy, in consultation
with agencies responsible for Federal authorizations
and, as appropriate, with Indian tribes, multi-State
entities, and State agencies that are willing to co-
ordinate their own separate permitting and environ-
mental reviews with the Federal authorization and
environmental reviews, shall establish prompt and
binding intermediate milestones and ultimate dead-
lines for the review of, and Federal authorization de-
cisions relating to, the proposed facility. The Sec-
retary of Energy shall ensure that once an applica-
tion has been submitted with such data as the Sec-
retary considers necessary, all permit decisions and
related environmental reviews under all applicable
Federal laws shall be completed within 1 year or, if
a requirement of another provision of Federal law
528
makes this impossible, as soon thereafter as is prac-
ticable. The Secretary of Energy also shall provide
an expeditious pre-application mechanism for pro-
spective applicants to confer with the agencies in-
volved to have each such agency determine and com-
municate to the prospective applicant within 60 days
of when the prospective applicant submits a request
for such information concerning—
‘‘(A) the likelihood of approval for a poten-
tial facility; and
‘‘(B) 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