§720b — Title 15 Commerce and Trade | U.S. Code

Summary

Approving a certificate for an Alaska natural gas transportation project must be treated as a major federal action that requires a full environmental review under the National Environmental Policy Act. The Commission is the lead agency and must prepare one single environmental impact statement that combines the reviews of all federal agencies looking at the project. Other federal agencies must help the Commission and follow the deadlines it sets, and they must adopt that single impact statement to meet their NEPA duties. The Commission must issue a draft impact statement within 1 year after it finds the application complete, and must issue a final impact statement within 180 days after the draft unless it has a good reason for more time.

Title 15, §720b

Commerce and Trade — Source: USLM XML via OLRC

(a)The issuance of a certificate of public convenience and necessity authorizing the construction and operation of any Alaska natural gas transportation project under section 720a of this title shall be treated as a major Federal action significantly affecting the quality of the human environment within the meaning of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).

(b)(1)The Commission—

(A)shall be the lead agency for purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(B)shall be responsible for preparing the environmental impact statement required by section 102(2)(c) 11 So in original. Probably should be section “102(2)(C)”. of that Act [42 U.S.C. 4332(2)(C)] with respect to an Alaska natural gas transportation project under section 720a of this title.

(2)In carrying out paragraph (1), the Commission shall prepare a single environmental impact statement, which shall consolidate the environmental reviews of all Federal agencies considering any aspect of the Alaska natural gas transportation project covered by the environmental impact statement.

(c)(1)Each Federal agency considering an aspect of the construction and operation of an Alaska natural gas transportation project under section 720a of this title shall—

(A)cooperate with the Commission; and

(B)comply with deadlines established by the Commission in the preparation of the environmental impact statement under this section.

(2)The environmental impact statement prepared under this section shall be adopted by each Federal agency described in paragraph (1) in satisfaction of the responsibilities of the Federal agency under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to the Alaska natural gas transportation project covered by the environmental impact statement.

(d)The Commission shall—

(1)not later than 1 year after the Commission determines that the application under section 720a of this title with respect to an Alaska natural gas transportation project is complete, issue a draft environmental impact statement under this section; and

(2)not later than 180 days after the date of issuance of the draft environmental impact statement, issue a final environmental impact statement, unless the Commission for good cause determines that additional time is needed.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b)(1)(A), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables.

§720b Environmental Reviews