Sec. 1204. Judicial review of delayed Federal authorizations
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/bill/114/s/2012/eah/section-1204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 313(b) of the Federal Power Act (16 U.S.C. 825 l (b)) is amended— by striking
(b)Any party and inserting the following: Any party ; and by adding at the end the following: Any Federal, State, or local government agency or Indian tribe that will not complete its disposition of a Federal authorization by the deadline set forth in the schedule by the Commission under section 34 may file for an extension in the United States court of appeals for any circuit wherein the project or proposed project is located, or in the United States Court of Appeals for the District of Columbia. Such petition shall be filed not later than 30 days prior to such deadline. The court shall only grant an extension if the agency or tribe demonstrates, based on the record maintained under section 34, that it otherwise complied with the requirements of section 34 and that complying with the schedule set by the Commission would have prevented the agency or tribe from complying with applicable Federal or State law. If the court grants the extension, the court shall set a reasonable schedule and deadline, not to exceed 90 days, for the agency to act on remand. If the court denies the extension, or if an agency or tribe does not file for an extension as provided in this subsection and does not complete its disposition of a Federal authorization by the applicable deadline, the Commission and applicant may move forward with the proposed action. .
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Sec. 1204
Judicial review of delayed Federal authorizations
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