§824a–4 — Title 16 Conservation | U.S. Code

Summary

The Secretary may buy rights-of-way through North Dakota, South Dakota, and Nebraska, even using eminent domain, to build transmission lines for seasonal power exchanges with Canada. He can do this only after a public hearing if he finds the exchange is in the public interest, that it furthers the goals in section 2611(1) and (2), that a permit under subsection (b) has been issued, and that each affected State has approved its part of the route or, if no state law applies, the Governor has approved it. The Secretary must get written agreement from the Secretary of the Interior and other federal agencies for any part crossing federal land. A permit cannot be issued unless the Commission has held hearings and made the findings required under section 202(e) of the Federal Power Act and any applicable executive order. The Secretary must try to let permit holders use state condemnation first and may buy rights-of-way only to avoid unreasonable delay. If the Secretary buys land, he must sell it to the permit holder who pays all costs; if no payment is made, he must offer it back to the original owner at the price paid, then dispose of it under federal law. This does not change other federal laws about federal lands.

Title 16, §824a–4

Conservation — Source: USLM XML via OLRC

(a)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) 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,11 So in original. The comma probably should not appear. 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.

(b)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)The Secretary may not acquire any rights-of-day 22 So in original. Probably should be “rights-of-way”. under this section unless he determines that the holder or holders of a permit referred to in subsection (a)(1)(B) 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.

(d)(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) 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)This section shall not affect any Federal law governing Federal lands.

Notes & Related Subsidiaries

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Definitions For definitions of terms used in this section, see section 2602 of this title.

§824a–4 Seasonal diversity electricity exchange

Summary

Title 16, §824a–4

Notes & Related Subsidiaries

Editorial Notes

Statutory Notes and Related Subsidiaries

Citations & Metadata