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U.S. Code as of:
01/19/04
Section 2005. Review schedule
(a) Establishment
The Secretary of the Interior, after consultation with the heads
of appropriate Federal agencies, shall establish an expedited
schedule for conducting reviews and making recommendations
concerning crude oil transportation systems proposed in
applications filed under section 2004 of this title and for
obtaining information necessary for environmental impact statements
required under section 4332 of title 42 with respect to such
proposed systems.
(b) Additional information
(1) On his own initiative or at the request of the head of any
Federal agency covered by the review schedule established under
subsection (a) of this section, the Secretary of the Interior shall
require that an applicant provide such additional information as
may be necessary to conduct the review of the applicant's proposal.
Such information may include -
(A) specific details of the route (and alternative routes) and
identification of Federal lands affected by any such route;
(B) information necessary for environmental impact statements;
and
(C) information necessary for the President's determination
under section 2007(a) of this title.
(2) If, within a reasonable time, an applicant does not -
(A) provide information required under this subsection, or
(B) comply with any requirement of section 1734 of this title,
the Secretary of the Interior may declare the application
ineligible for consideration under this chapter. After making such
a declaration, the Secretary of the Interior shall notify the
applicant and the President of such ineligibility.
(c) Recommendations of heads of Federal agencies
(1) Pursuant to the schedule established under subsection (a) of
this section, heads of Federal agencies covered by such schedule
shall conduct a review of a proposed crude oil transportation
system eligible for consideration under this chapter and shall
submit their recommendations concerning such systems (and the basis
for such recommendations) to the Secretary of the Interior for
submission to the President. After receipt of such recommendations
and before their submission to the President, the Secretary of the
Interior shall provide an opportunity for comments in accordance
with paragraph (2). The Secretary of the Interior shall forward
such comments to the President with the recommendations -
(A) in the case of applications filed under section 2004(1) of
this title, on or before December 1, 1978, and
(B) in the case of applications filed under section 2004(2) of
this title, on or before the 60th day after December 1, 1978.
(2)(A) After receipt of recommendations under paragraph (1) the
Secretary of the Interior shall provide appropriate means by which
the Governor and any other official of any State and any official
of any political subdivision of a State, may submit written
comments concerning proposed crude oil transportation systems
eligible for consideration under this chapter.
(B) After receipt of recommendations referred to in subparagraph
(A), the Secretary of the Interior shall make such comments and
recommendations available to the public and provide an opportunity
for submission of written comments.
(d) Review by Federal Trade Commission; effect on the antitrust
laws
(1) Promptly after he receives an application for a proposed
crude oil transportation system eligible for consideration under
this chapter, the Secretary of the Interior shall submit to the
Federal Trade Commission a copy of such application and such other
information as the Commission may reasonably require. The
Commission may prepare and submit to the President a report on the
impact of implementation of such application upon competition and
restraint of trade and on whether such implementation would be
inconsistent with the antitrust laws. Such report shall be made
available to the public. Nothing in this subsection shall be
construed to prevent the President from making his decision under
section 2007(a) of this title in the absence of such report.
(2) Nothing in this chapter shall bar the Attorney General or any
other appropriate officer or agent of the United States from
challenging any anticompetitive act or practice related to the
ownership, construction, or operation of any crude oil
transportation system approved under this chapter. The approval of
any such system under this chapter shall not be deemed to convey to
any person immunity from civil or criminal liability or to create
defenses to actions under the antitrust laws and shall not modify
or abridge any private right of action under such laws.
(e) Filing and review of permits, rights-of-way applications, etc.,
not affected
Nothing in this chapter shall be construed to prevent the
acceptance and review by any Federal agency of any application for
any Federal permit, right-of-way, or other authorizations under
other provisions of law for a crude oil transportation system
eligible for consideration under this chapter; except that any
determination with respect to such an application may be made only
in accordance with the provisions of section 2009(a) of this title.
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