
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: 16USC3166]

 
                         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. 3166. Agency, Presidential, and Congressional actions


(a) Agency action in cases other than those involving section 3165 or 
        wilderness areas

    (1) In the case of any application for the approval of any 
transportation or utility system to which section 3165 of this title 
does not apply or that does not occupy, use, or traverse any area within 
the National Wilderness Preservation System, if, in compliance with 
section 3164 of this title--
        (A) each Federal agency concerned decides to approve each 
    authorization within its jurisdiction with respect to that system, 
    then the system shall be deemed to be approved and each such agency 
    shall promptly issue, in accordance with applicable law, such 
    rights-of-way, permits, licenses, leases, certificates, or other 
    authorizations as are necessary with respect to the establishment of 
    the system; or
        (B) one or more Federal agencies decide to disapprove any 
    authorization within its jurisdiction with respect, to that system, 
    then the system shall be deemed to be disapproved and the applicant 
    for the system may appeal the disapproval to the President.

    (2) If an applicant appeals under paragraph (1)(B), the President, 
within four months after receiving the appeal, shall decide whether to 
approve or deny the application. The President shall approve the 
application if he finds, after consideration of the factors set forth in 
section 3164(g)(2) of this title, that such approval would be in the 
public interest and that (1) such system would be compatible with the 
purposes for which the unit was established; and (2) there is no 
economically feasible and prudent alternative route for the system. In 
making a decision, the President shall consider any environmental impact 
statement prepared pursuant to section 3164(e) of this title, comments 
of the public and Federal agencies received during the preparation of 
such statement, and the findings and recommendations, if any, of each 
Federal agency that rendered a decision with respect to the application. 
The President's decision to approve or deny the application shall be 
published in the Federal Register, together with a statement of the 
reasons for his determination.
    (3) If the President approves an application under paragraph (2), 
each Federal agency concerned shall promptly issue, in accordance with 
applicable law, such rights-of-way, permits, licenses, leases, 
certificates, or other authorizations as are necessary with respect to 
the establishment of the system
    (4) If the President denies an application under paragraph (2), the 
applicant shall be deemed to have exhausted his administrative remedies 
and may file suit in any appropriate Federal court to challenge such 
decision.

(b) Agency action in cases involving section 3165 or wilderness areas

    (1) In the case of any application for the approval of a 
transportation or utility system to which section 3165 of this title 
applies or that proposes to occupy, use, or traverse any area within the 
National Wilderness Preservation System, each Federal agency concerned 
shall promptly submit to the President notification whether the agency 
tentatively approved or disapproved each authorization within its 
jurisdiction that applies with respect to the system. Such notification 
shall be accompanied by a statement of the reasons and findings 
supporting the agency position.
    (2) Within four months after receiving all notification referred to 
in paragraph (1) and after considering such notifications, any 
environmental impact statement prepared pursuant to section 3164(e) of 
this title, and the comments of the public and Federal agencies received 
during the preparation of such statement, the President shall decide 
whether or not the application for the system concerned should be 
approved. If the President denies an application the applicant shall be 
deemed to have exhausted his administrative remedies, and may file suite 
in any appropriate Federal court to challenge such decision. If the 
President approves the application, he shall submit to Congress his 
recommendation for approval of the transportation or utility system 
covered, whereupon the Congress shall consider the application as 
provided in subsection (c) of this section. The President shall include 
with his recommendation to Congress--
        (A) the application which is the subject of his recommendation;
        (B) a report setting forth in detail the relevant factual 
    background and the reasons for his findings and recommendation;
        (C) the joint environmental impact statement; \1\
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    \1\ So in original. Probably should be followed by ``and''.
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        (D) a statement of the conditions and stipulations which would 
    govern the use of the system if approved by the Congress.

(c) Congressional approval

    (1) No application for any transportation or utility system with 
respect to which the President makes a recommendation for approval under 
subsection (b) of this section shall be approved unless the Senate and 
House of Representatives approve a resolution described in paragraph (4) 
within the first period of one hundred and twenty calendar days of 
continuous session of the Congress beginning on the date after the date 
of receipt by the Senate and House of Representatives of such 
recommendation.
    (2) For purposes of this subsection--
        (A) continuity of session of the Congress is broken only by an 
    adjournment sine die; and
        (B) the days on which either House is not in session because of 
    an adjournment of more than three days to a day certain are excluded 
    in the computation of one-hundred-and-twenty-day calendar period.

    (3) This subsection is enacted by the Congress--
        (A) as an exercise of the rulemaking power of each House of the 
    Congress respectively, but applicable only with respect to the 
    procedure to be followed in the House in the case of resolutions 
    described by paragraph (6) of this subsection; and its supersedes 
    other rules only to the extent that it is inconsistent therewith; 
    and
        (B) with full recognition of the constitutional right of either 
    House to change the rules (so far as those relate to the procedure 
    of that House) at any time, in the same manner and to the same 
    extent as in the case of any other rule of such House.

    (4) For the purposes of this subsection, the term ``resolution'' 
means a joint resolution, the resolving clause of which is as follows: 
``That the House of Representatives and Senate approve the application 
for            under title XI of the Alaska National Interest Lands 
Conservation Act submitted by the President to the Congress on           
  , 19  .''; the first blank space therein to be filled in with the 
appropriate transportation or utility system and the second blank 
therein to be filled with the date on which the President submits the 
application to the House of Representatives and the Senate.
    (5) Except as otherwise provided in this subsection, the provisions 
of section 719f(d) of title 15 shall apply to the consideration of the 
resolution.
    (6) After an application for a transportation or utility system has 
been approved under subsection (a) of this section, the appropriate 
Federal agencies shall issue appropriate authorizations in accordance 
with applicable law. In any case in which an application for a 
transportation or utility system has been approved pursuant to 
subsection (b) of this section, the appropriate Federal agencies shall 
issue appropriate authorizations in accordance with title V of the 
Federal Lands Policy Management Act [43 U.S.C. 1761 et seq.] or other 
applicable law. After issuance pursuant to this subsection, the 
appropriate land managing agency shall administer the right-of-way in 
accordance with relevant management authorities of the land managing 
agency and title V of the Federal Lands Policy Management Act.

(Pub. L. 96-487, title XI, Sec. 1106, Dec. 2, 1980, 94 Stat. 2461.)

                       References in Text

    The Alaska National Interest Lands Conservation Act, referred to in 
subsec. (c)(4), is Pub. L. 96-487, Dec. 2, 1980, 94 Stat. 2371, as 
amended. Title XI of the Alaska National Interest Lands Conservation Act 
is classified generally to this subchapter. For complete classification 
of this Act to the Code, see Short Title note set out under section 3101 
of this title and Tables.
    The Federal Land Policy and Management Act, referred to in subsec. 
(c)(6), probably means the Federal Land Policy and Management Act of 
1976, Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended. Title V 
of the Federal Land Policy and Management Act of 1976 is classified 
generally to subchapter V (Sec. 1761 et seq.) of chapter 35 of Title 43, 
Public Lands. For complete classification of this Act to the Code, see 
Short Title note set out under section 1701 of Title 43 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 3165 of this title.
