§2005 Review Schedule

Summary

The Secretary of the Interior must set up a faster review schedule, after talking with the heads of other federal agencies, to review applications for crude oil transportation systems filed under section 2004 and to gather what is needed for environmental impact statements under section 4332 of title 42. The Secretary can require an applicant to give extra information, such as route details and which federal lands are affected, environmental-impact data, and any material needed for the President’s decision under section 2007(a). If an applicant fails to provide required information within a reasonable time or does not follow section 1734, the Secretary can declare the application ineligible and must tell the applicant and the President. Agency heads must review proposals on that schedule and send their recommendations and reasons to the Secretary for the President. The Secretary must allow governors, state and local officials to send written comments, make those comments public, and accept public comment. For applications filed under section 2004(1), recommendations must reach the President on or before December 1, 1978; for those under section 2004(2), on or before the 60th day after December 1, 1978. The Secretary must also give the application to the Federal Trade Commission quickly; the FTC may report on competition effects and antitrust issues and the report will be public, but the President may act without it. Approval under this law does not prevent antitrust enforcement or private antitrust lawsuits. Other federal permit or right-of-way applications may still be reviewed, but final decisions must follow section 2009(a).