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U.S. Code as of:
01/19/04
Section 719g. Transportation system certificates, rights-of-way, permits, leases, or other authorizations
(a) Earliest practicable date for issuance or grant of
authorizations
To the extent that the taking of any action which is necessary or
related to the construction and initial operation of the approved
transportation system requires a certificate, right-of-way, permit,
lease, or other authorization to be issued or granted by a Federal
officer or agency, such Federal officer or agency shall -
(1) to the fullest extent permitted by the provisions of law
administered by such officer or agency, but
(2) without regard to any provision of law which is waived
pursuant to section 719f(g) of this title issue or grant such
certificates, permits, rights-of-way, leases, and other
authorizations at the earliest practicable date.
(b) Expedition and precedence of actions on applications or
requests
All actions of a Federal officer or agency with respect to
consideration of applications or requests for the issuance or grant
of a certificate, right-of-way, permit, lease, or other
authorization to which subsection (a) of this section applies shall
be expedited and any such application or request shall take
precedence over any similar applications or requests of the Federal
officer or agency.
(c) Required terms and conditions
Any certificate, right-of-way, permit, lease, or other
authorization issued or granted pursuant to the direction under
subsection (a) of this section shall include the terms and
conditions required by law unless waived pursuant to a resolution
under section 719f(g) of this title, and may include terms and
conditions permitted by law, except that with respect to terms and
conditions permitted but not required, the Federal officer or
agency, notwithstanding any such other provision of law, shall have
no authority to include terms and conditions as would compel a
change in the basic nature and general route of the approved
transportation system or those the inclusion of which would
otherwise prevent or impair in any significant respect the
expeditious construction and initial operation of such
transportation system.
(d) Additions to, and amendment or abrogation of authorizations;
exception
Any Federal officer or agency, with respect to any certificate,
permit, right-of-way, lease, or other authorization issued or
granted by such officer or agency, may, to the extent permitted
under laws administered by such officer or agency add to, amend or
abrogate any term or condition included in such certificate,
permit, right-of-way, lease, or other authorization except that
with respect to any such action which is permitted but not required
by law, such Federal officer or agency, notwithstanding any such
other provision of law, shall have no authority to take such action
if the terms and conditions to be added, or as amended, would
compel a change in the basic nature and general route of the
approved transportation system or would otherwise prevent or impair
in any significant respect the expeditious construction and initial
operation of such transportation system.
(e) Appropriate terms and conditions
Any Federal officer or agency to which subsection (a) of this
section applies, to the extent permitted under laws administered by
such officer or agency, shall include in any certificate, permit,
right-of-way, lease, or authorization issued or granted those terms
and conditions identified in the President's decision as
appropriate for inclusion except that the requirement to include
such terms and conditions shall not limit the Federal officer or
agency's authority under subsection (d) of this section.
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