Notes on 42 U.S.C. § 13201 : US Code - Notes

Search Notes on 42 U.S.C. § 13201 : US Code - Notes

(Pub. L. 102-486, Sec. 2, Oct. 24, 1992, 106 Stat. 2782.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 102-486, Oct. 24, 1992,
106 Stat. 2776, known as the Energy Policy Act of 1992. For
complete classification of this Act to the Code, see Short Title
note below and Tables.
SHORT TITLE
Section 1(a) of Pub. L. 102-486 provided that: "This Act [see
Tables for classification] may be cited as the 'Energy Policy Act
of 1992'."
EX. ORD. NO. 13211. ACTIONS CONCERNING REGULATIONS THAT
SIGNIFICANTLY AFFECT ENERGY SUPPLY, DISTRIBUTION, OR USE
Ex. Ord. No. 13211, May 18, 2001, 66 F.R. 28355, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
appropriately weigh and consider the effects of the Federal
Government's regulations on the supply, distribution, and use of
energy, it is hereby ordered as follows:
Section 1. Policy. The Federal Government can significantly
affect the supply, distribution, and use of energy. Yet there is
often too little information regarding the effects that
governmental regulatory action can have on energy. In order to
provide more useful energy-related information and hence improve
the quality of agency decisionmaking, I am requiring that agencies
shall prepare a Statement of Energy Effects when undertaking
certain agency actions. As described more fully below, such
Statements of Energy Effects shall describe the effects of certain
regulatory actions on energy supply, distribution, or use.
Sec. 2. Preparation of a Statement of Energy Effects. (a) To the
extent permitted by law, agencies shall prepare and submit a
Statement of Energy Effects to the Administrator of the Office of
Information and Regulatory Affairs, Office of Management and
Budget, for those matters identified as significant energy actions.
(b) A Statement of Energy Effects shall consist of a detailed
statement by the agency responsible for the significant energy
action relating to:
(i) any adverse effects on energy supply, distribution, or use
(including a shortfall in supply, price increases, and increased
use of foreign supplies) should the proposal be implemented, and
(ii) reasonable alternatives to the action with adverse energy
effects and the expected effects of such alternatives on energy
supply, distribution, and use.
(c) The Administrator of the Office of Information and Regulatory
Affairs shall provide guidance to the agencies on the
implementation of this order and shall consult with other agencies
as appropriate in the implementation of this order.
Sec. 3. Submission and Publication of Statements. (a) Agencies
shall submit their Statements of Energy Effects to the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, whenever they present the related
submission under Executive Order 12866 of September 30, 1993 [5
U.S.C. 601 note], or any successor order.
(b) Agencies shall publish their Statements of Energy Effects, or
a summary thereof, in each related Notice of Proposed Rulemaking
and in any resulting Final Rule.
Sec. 4. Definitions. For purposes of this order:
(a) "Regulation" and "rule" have the same meaning as they do in
Executive Order 12866 [5 U.S.C. 601 note] or any successor order.
(b) "Significant energy action" means any action by an agency
(normally published in the Federal Register) that promulgates or is
expected to lead to the promulgation of a final rule or regulation,
including notices of inquiry, advance notices of proposed
rulemaking, and notices of proposed rulemaking:
(1)(i) that is a significant regulatory action under Executive
Order 12866 or any successor order, and
(ii) is likely to have a significant adverse effect on the
supply, distribution, or use of energy; or
(2) that is designated by the Administrator of the Office of
Information and Regulatory Affairs as a significant energy
action.
(c) "Agency" means any authority of the United States that is an
"agency" under 44 U.S.C. 3502(1), other than those considered to be
independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
Sec. 5. Judicial Review. Nothing in this order shall affect any
otherwise available judicial review of agency action. This order is
intended only to improve the internal management of the Federal
Government and does not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
George W. Bush.
EX. ORD. NO. 13212. ACTIONS TO EXPEDITE ENERGY-RELATED PROJECTS
Ex. Ord. No. 13212, May 18, 2001, 66 F.R. 28357, as amended by
Ex. Ord. No. 13286, Sec. 10, Feb. 28, 2003, 68 F.R. 10622; Ex. Ord.
No. 13302, Sec. 1, May 15, 2003, 68 F.R. 27429, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to take
additional steps to expedite the increased supply and availability
of energy to our Nation, it is hereby ordered as follows:
Section 1. Policy. The increased production and transmission of
energy in a safe and environmentally sound manner is essential to
the well-being of the American people. In general, it is the policy
of this Administration that executive departments and agencies
(agencies) shall take appropriate actions, to the extent consistent
with applicable law, to expedite projects that will increase the
production, transmission, or conservation of energy and projects
that will strengthen pipeline safety.
Sec. 2. Actions to Expedite Energy-Related Projects. For energy-
related projects (including pipeline safety projects), agencies
shall expedite their review of permits or take other actions as
necessary to accelerate the completion of such projects, while
maintaining safety, public health, and environmental protections.
The agencies shall take such actions to the extent permitted by law
and regulation, and where appropriate.
Sec. 3. Interagency Task Force. (a) There is established, within
the Department of Energy for administrative purposes, an
interagency task force (Task Force) to perform the following
functions:
(i) monitor and assist the agencies in their efforts to expedite
their reviews of permits or similar actions, as necessary, to
accelerate the completion of energy-related projects (including
pipeline safety projects), increase energy production and
conservation, and improve the transmission of energy;
(ii) monitor and assist agencies in setting up appropriate
mechanisms to coordinate Federal, State, tribal, and local
permitting in geographic areas where increased permitting activity
is expected; and
(iii) perform the functions of the interagency committee for
which section 60133 of title 49, United States Code, provides.
(b)(i) The Task Force shall consist exclusively of the following
members:
(A) in the performance of all Task Force functions set out in
sections 3(a)(i) and (ii) of this order, the Secretaries of State,
the Treasury, Defense, Agriculture, Housing and Urban Development,
Commerce, Transportation, the Interior, Labor, Education, Health
and Human Services, Energy, and Veterans Affairs, the Attorney
General, the Administrator of the Environmental Protection Agency,
the Director of Central Intelligence, the Administrator of General
Services, the Director of the Office of Management and Budget, the
Chairman of the Council of Economic Advisers, the Assistant to the
President for Domestic Policy, the Assistant to the President for
Economic Policy, and such other heads of agencies as the Chairman
of the Council on Environmental Quality may designate; and
(B) in the performance of the functions to which section
3(a)(iii) of this order refers, the officers listed in section
60133(a)(2)(A)-(H) of title 49, United States Code, and such other
representatives of Federal agencies with responsibilities relating
to pipeline repair projects as the Chairman of the Council on
Environmental Quality may designate.
(ii) A member of the Task Force may designate, to perform the
Task Force functions of the member, a full-time officer or employee
of that member's agency or office.
(c) The Chairman of the Council on Environmental Quality shall
chair the Task Force.
(d) Consultation in the implementation of this order with State
and local officials and other persons who are not full-time or
permanent part-time employees of the Federal Government shall be
conducted in a manner that elicits fully the individual views of
each official or other person consulted, without deliberations or
efforts to achieve consensus on advice or recommendations.
(e) This order shall be implemented in a manner consistent with
the President's constitutional authority to supervise the unitary
executive branch.
Sec. 4. Judicial Review. Nothing in this order shall affect any
otherwise available judicial review of agency action. This order is
intended only to improve the internal management of the Federal
Government and does not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
George W. Bush.