Decision of President

Source Credit

(a) Decision concerning approval or disapproval of proposed systems
(1) After reviewing all the information submitted to him concerning the various proposed crude oil transportation systems eligible for consideration under this chapter (including environmental impact statements, comments, reports, recommendations, and other information submitted to him at any time before he makes his decision) and after consulting the Secretaries of Energy, the Interior, and Transportation, the President shall decide which, if any, of such systems shall be approved for the purposes of section 2008 of this title (relating to procedures for waiver of law), section 2009 of this title (relating to expedited procedures for issuance of permits), section 2010 of this title (relating to negotiations with the Government of Canada), and section 2011 of this title (relating to judicial review). A decision approving a crude oil transportation system may include such modifications and alterations in such system as the President finds appropriate. The President shall issue his decision within 45 days after receiving recommendations and comments submitted to him under section 2005(c) of this title, except that the President, for such period as he deems necessary, but not to exceed 60 days, may delay his decision and its issuance if he determines that additional time is otherwise necessary to enable him to make a decision. If the President so delays his decision, he shall promptly notify the House of Representatives and the Senate of such delay and shall submit a full explanation of the basis for such delay.
(2) Any decision made under this subsection approving a system proposed under this chapter shall include a determination that construction and operation of such system is in the national interest and shall be based upon the criteria specified in subsection (b).
(b) Criteria
(1) The criteria for making a decision under this subsection shall include findings of—
(A) environmental impacts of the proposed systems and the capability of such systems to minimize environmental risks resulting from transportation of crude oil;
(B) the amount of crude oil available to northern tier States and inland States and the projected demand in those States under each of such systems;
(C) transportation costs and delivered prices of crude oil by region under each of such systems;
(D) construction schedules for each of such systems and possibilities for delay in such schedules;
(E) feasibility of financing for each of such systems;
(F) capital and operating costs of each of such systems, including an analysis of the reliability of cost estimates and the risk of cost overruns;
(G) net national economic costs and benefits of each such system;
(H) the extent to which each system complies with the provisions of section 410 of the Act approved November 16, 1973 (87 Stat. 594), commonly known as the Trans-Alaska Pipeline Authorization Act;
(I) the effect of each such system on international relations, including the status and time schedule for any necessary Canadian approvals and plans;
(J) impact upon competition by each system;
(K) degree of safety and efficiency of design and operation of each system;
(L) potential for interruption of deliveries of crude oil from the west coast under each such system;
(M) capacity and cost of expanding such system to transport additional volumes of crude oil in excess of initial system capacity;
(N) national security considerations under each such system;
(O) relationship of each such system to national energy policy; and
(P) such other factors as the President deems appropriate.
(2) The period of time for which such findings shall be made shall be the useful life of the crude oil transportation system involved.
(c) Publication of findings and decision
The President shall make available to the public at the time of issuance of a decision under this section a written statement setting forth findings with respect to each of the criteria specified in subsection (b) and describing the nature and route of crude oil transportation systems, if any, which are approved in the decision. If the President's decision is to approve a system, each statement shall set forth his reasons for approving such system over other proposed systems (if any) eligible for consideration under this chapter. Such statement along with notification of such decision shall be published in the Federal Register.

History

(Pub. L. 95–617, title V, §507, Nov. 9, 1978, 92 Stat. 3160.)

Editorial Notes

Editorial Notes

References in Text
Section 410 of the Act approved November 16, 1973 (87 Stat. 594), commonly known as the Trans-Alaska Pipeline Authorization Act, referred to in subsec. (b)(1)(H), is section 410 of Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 594, which is set out as a note under section 1651 of this title.