§3166 Agency, Presidential, and Congressional Actions

Summary

Approvals for new transportation or utility systems start with the federal agencies that have a say. If every agency that must okay parts of the project approves them, the project is treated as approved and those agencies must quickly issue the needed rights-of-way, permits, licenses, leases, certificates, or other permits under the law. If one or more agencies disapprove any required part, the applicant can appeal to the President. The President then has four months to approve or deny the appeal. The President must approve only if he finds the project is in the public interest, is compatible with the unit’s purpose, and there is no economically feasible and prudent alternative route. He must consider the environmental impact statement, public and agency comments, and agency findings, then publish his decision and reasons. If he approves, agencies must promptly issue the needed authorizations. If he denies, the applicant may sue because administrative remedies are exhausted. If the project is covered by the other special rule or would use National Wilderness Preservation System lands, each agency must send the President a notice saying whether it tentatively approves or disapproves and why. The President then has four months after getting all notices to decide, again using the environmental review and comments. If he denies, the applicant may sue. If he approves, he sends Congress the application, a detailed report, the joint environmental impact statement, and proposed conditions. Congress must approve the project by a joint resolution within the first period of one hundred and twenty calendar days of continuous session after it receives the President’s recommendation. If Congress approves, agencies issue authorizations under title V of the Federal Lands Policy and Management Act or other law, and the land manager then runs the right-of-way under its rules and title V.