
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3164]

 
                         TITLE 16--CONSERVATION
 
         CHAPTER 51--ALASKA NATIONAL INTEREST LANDS CONSERVATION
 
  SUBCHAPTER IV--TRANSPORTATION AND UTILITY SYSTEMS IN AND ACROSS, AND 
                 ACCESS INTO, CONSERVATION SYSTEM UNITS
 
Sec. 3164. Procedural requirements


(a) In general

    Notwithstanding any provision of applicable law, no action by any 
Federal agency under applicable law with respect to the approval or 
disapproval of the authorization, in whole or in part, of any 
transportation or utility system shall have any force or effect unless 
the provision of this section are complied with.

(b) Consolidated applications

    (1) Within one hundred and eighty days after December 2, 1980, the 
Secretary, the Secretary of Agriculture, and the Secretary of 
Transportation, in consultation with the heads of other appropriate 
Federal agencies, shall jointly prescribe and publish a consolidated 
application form to be used for applying for the approval of each type 
of transportation or utility system. Each such application form shall be 
designed to elicit such information as may be necessary to meet the 
requirements of this subchapter and the applicable law with respect to 
the type of system concerned.
    (2) For purposes of this section, the heads of all appropriate 
Federal agencies, including the Secretary of Transportation, shall share 
decisionmaking responsibility in the case of any transportation or 
utility system described in section 3162(4)(B)(ii), (iii), or (vii) of 
this title; but with respect to any such system for which he does not 
have programmatic responsibility, the Secretary of Transportation shall 
provide to the other Federal agencies concerned such planning and other 
assistance as may be appropriate.

(c) Filing

    Each applicant for the approval of any transportation or utility 
system shall file on the same day an application with each appropriate 
Federal agency. The applicant shall utilize the consolidated form 
prescribed under subsection (b) of this section for the type of 
transportation or utility system concerned.

(d) Agency notice

    (1) Within sixty days after the receipt of an application filed 
pursuant to subsection (c) of this section, the head of each Federal 
agency with whom the application was filed shall inform the applicant in 
writing that, on its face--
        (A) the application appears to contain the information required 
    by this subchapter and applicable law insofar as that agency is 
    concerned; or
        (B) the application does not contain such information.

    (2) Any notice provided under paragraph (1)(B) shall specify what 
additional information the applicant must provide. If the applicant 
provides additional information, the head of the Federal agency must 
inform the applicant in writing, within thirty days after receipt of 
such information, whether the information is sufficient.

(e) Environmental impact statement

    The draft of any environmental impact statement required under the 
National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.] in 
connection with any application filed under this section shall be 
completed, within nine months from the date of filing, by the head of 
the Federal agency assigned lead responsibility for the statement. Any 
such statement shall be jointly prepared by all Federal agencies with 
which the application was filed under subsection (c) of this section. 
The final environmental impact statement shall be completed within one 
year from the date of such filing. Such nine-month and one-year periods 
may be extended for good cause by the Federal agency head assigned lead 
responsibility for the preparation of such statement if he determines 
that additional time is necessary for such preparation, notifies the 
applicant in writing of such determination, and publishes notices of 
such determination, together with the reasons therefor, in the Federal 
Register. The provisions of section 1734 of title 43 shall apply to each 
environmental impact statement under this subsection in the same manner 
as such provisions apply to applications relating to the public lands 
referred to in section 1734 of title 43. The Federal agency assigned 
lead responsibility shall, in conjunction with such other Federal 
agencies before which the application is pending, hold public hearings 
in the District of Columbia and an appropriate location in the State on 
each draft joint environmental impact statement and the views expressed 
therein shall be considered by all Federal agencies concerned before 
publication of the final joint environmental impact statement.

(f) Other views

    During both the nine-month period, and the succeeding three-month 
period plus any extension thereof provided for in subsection (e) of this 
section, the heads of the Federal agencies concerned shall solicit and 
consider the views of other Federal departments and agencies, the Alaska 
Land Use Council, the State, affected units of local government in the 
State, and affected corporations formed pursuant to the Alaska Native 
Claims Settlement Act [43 U.S.C. 1601 et seq.], and, after public 
notice, shall receive and consider statements and recommendations 
regarding the application submitted by interested individuals and 
organizations.

(g) Agency decision

    (1) Within four months after the final environmental impact 
statement is published in accordance with subsection (e) of this section 
with respect to any transportation or utility system, each Federal 
agency shall make a decision to approve or disapprove, in accordance 
with applicable law, each authorization and that applies with respect to 
the system and that is within the jurisdiction of that agency.
    (2) The head of each Federal agency, in making a decision referred 
to in paragraph (1), shall consider, and make detailed findings 
supported by substantial evidence, with respect to--
        (A) the need for, and economic feasibility of, the 
    transportation or utility system;
        (B) alternative routes and modes of access, including a 
    determination with respect to whether there is any economically 
    feasible and prudent alternative to the routing of the system 
    through or within a conservation system unit, national recreation 
    area, or national conservation area and, if not, whether there are 
    alternative routes or modes which would result in fewer or less 
    severe adverse impacts upon the conservation system unit;
        (C) the feasibility and impacts of including different 
    transportation or utility systems in the same area;
        (D) short- and long-term social, economic, and environmental 
    impacts of national, State, or local significance, including impacts 
    on fish and wildlife and their habitat, and on rural, traditional 
    lifestyles;
        (E) the impacts, if any, on the national security interests of 
    the United States, that may result from approval or denial of the 
    application for a transportation or utility system;
        (F) any impacts that would affect the purposes for which the 
    Federal unit or area concerned was established;
        (G) measures which should be instituted to avoid or minimize 
    negative impacts; and
        (H) the short- and long-term public values which may be 
    adversely affected by approval of the transportation or utility 
    system versus the short- and long-term public benefits which may 
    accrue from such approval.

(Pub. L. 96-487, title XI, Sec. 1104, Dec. 2, 1980, 94 Stat. 2459.)

                       References in Text

    The National Environmental Policy Act of 1969, referred to in 
subsec. (e), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 
42, The Public Health and Welfare. For complete classification of this 
Act to the Code, see Short Title note set out under section 4321 of 
Title 42 and Tables.
    The Alaska Native Claims Settlement Act, referred to in subsec. (f), 
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is 
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, 
Public Lands. For complete classification of this Act to the Code, see 
Short Title note set out under section 1601 of Title 43 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 410hh, 3162, 3166 of this 
title.
