43 U.S.C. § 2007 : US Code - Section 2007: Decision of President

Search 43 U.S.C. § 2007 : US Code - Section 2007: Decision of President

(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) of this section.
(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) of this section 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.