16 U.S.C. § 824a-4 : US Code - Section 824A-4: Seasonal diversity electricity exchange

Search 16 U.S.C. § 824a-4 : US Code - Section 824A-4: Seasonal diversity electricity exchange

(a) Authority
The Secretary may acquire rights-of-way by purchase, including
eminent domain, through North Dakota, South Dakota, and Nebraska
for transmission facilities for the seasonal diversity exchange of
electric power to and from Canada if he determines -
(1) after opportunity for public hearing -
(A) that the exchange is in the public interest and would
further the purposes referred to in section 2611(1) and (2) of
this title and that the acquisition of such rights-of-way and
the construction and operation of such transmission facilities
for such purposes is otherwise in the public interest,
(B) that a permit has been issued in accordance with
subsection (b) of this section for such construction,
operation, maintenance, and connection of the facilities at the
border for the transmission of electric energy between the
United States and Canada as is necessary for such exchange of
electric power, and
(C) that each affected State has approved the portion of the
transmission route located in each State in accordance with
applicable State law, or if there is no such applicable State
law in such State, the Governor has approved such portion; and
(2) after consultation with the Secretary of the Interior and
the heads of other affected Federal agencies, that the Secretary
of the Interior and the heads of such,(!1) other agencies concur
in writing in the location of such portion of the transmission
facilities as crosses Federal land under the jurisdiction of such
Secretary or such other Federal agency, as the case may be.
The Secretary shall provide to any State such cooperation and
technical assistance as the State may request and as he determines
appropriate in the selection of a transmission route. If the
transmission route approved by any State does not appear to be
feasible and in the public interest, the Secretary shall encourage
such State to review such route and to develop a route that is
feasible and in the public interest. Any exercise by the Secretary
of the power of eminent domain under this section shall be in
accordance with other applicable provisions of Federal law. The
Secretary shall provide public notice of his intention to acquire
any right-of-way before exercising such power of eminent domain
with respect to such right-of-way.
(b) Permit
Notwithstanding any transfer of functions under the first
sentence of section 301(b) of the Department of Energy Organization
Act [42 U.S.C. 7151(b)], no permit referred to in subsection
(a)(1)(B) may be issued unless the Commission has conducted
hearings and made the findings required under section 202(e) of the
Federal Power Act [16 U.S.C. 824a(e)] and under the applicable
execution order respecting the construction, operation,
maintenance, or connection at the borders of the United States of
facilities for the transmission of electric energy between the
United States and a foreign country. Any finding of the Commission
under an applicable executive order referred to in this subsection
shall be treated for purposes of judicial review as an order issued
under section 202(e) of the Federal Power Act.
(c) Timely acquisition by other means
The Secretary may not acquire any rights-of-day (!2) under this
section unless he determines that the holder or holders of a permit
referred to in subsection (a)(1)(B) of this section are unable to
acquire such rights-of-way under State condemnation authority, or
after reasonable opportunity for negotiation, without unreasonably
delaying construction, taking into consideration the impact of such
delay on completion of the facilities in a timely fashion.
(d) Payments by permittees
(1) The property interest acquired by the Secretary under this
section (whether by eminent domain or other purchase) shall be
transferred by the Secretary to the holder of a permit referred to
in subsection (b) of this section if such holder has made payment
to the Secretary of the entire costs of the acquisition of such
property interest, including administrative costs. The Secretary
may accept, and expend, for purposes of such acquisition, amounts
from any such person before acquiring a property interest to be
transferred to such person under this section.
(2) If no payment is made by a permit holder under paragraph (1),
within a reasonable time, the Secretary shall offer such rights-of-
way to the original owner for reacquisition at the original price
paid by the Secretary. If such original owner refuses to reacquire
such property after a reasonable period, the Secretary shall
dispose of such property in accordance with applicable provisions
of law governing disposal of property of the United States.
(e) Federal law governing Federal lands
This section shall not affect any Federal law governing Federal
lands.