§15928 Consultation Regarding Energy Rights-of-way on Public Land

Summary

Requires the Secretary of Energy to sign a memorandum of understanding within 6 months after August 8, 2005 with the Secretaries of the Interior, Agriculture, and Defense to coordinate all federal permits and environmental reviews for a proposed or existing utility facility on their lands. The Secretary of Energy must also work, as allowed by law, with Indian tribes, multi‑State groups, and State agencies that do separate permitting. The memorandum must create one right‑of‑way application form, set a clear process with who is in charge and timeframes, coordinate planning for granting rights‑of‑way, have the agencies agree to prepare a single environmental review for all federal decisions, and make right‑of‑way rules consistent. For interstate natural gas pipelines, the May 2002 Interagency Agreement on early environmental and historic‑preservation coordination counts as meeting the above requirement. Agencies that signed that agreement must report to Congress not later than 1 year after August 8, 2005 and every 2 years after. The reports must describe implementation efforts, whether permitting was streamlined, possible improvements, and ideas for including State and tribal governments. A “utility facility” means lines or systems that move, store, or help produce oil, gas, synthetic fuels, refined products, or that generate, transmit, or distribute electricity.