Sec. 2309. Electric transmission infrastructure permitting
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/bill/114/s/2012/pcs/section-2309·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established an interagency rapid response team, to be known as the Interagency Rapid Response Team for Transmission (referred to in this subsection as the Team ), to expedite and improve the permitting process for electric transmission infrastructure on Federal land and non-Federal land. The mission of the Team shall be— to improve the timeliness and efficiency of electric transmission infrastructure permitting; and to facilitate the performance of maintenance and upgrades to electric transmission lines on Federal land and non-Federal land.
The Team shall be comprised of representatives of— the Federal Energy Regulatory Commission; the Department; the Department of the Interior; the Department of Defense; the Department of Agriculture; the Council on Environmental Quality; the Department of Commerce; the Advisory Council on Historic Preservation; and the Environmental Protection Agency. The Team shall— facilitate coordination and unified environmental documentation among electric transmission infrastructure project applicants, Federal agencies, States, and Indian tribes involved in the siting and permitting process; establish clear timelines for the review and coordination of electric transmission infrastructure projects by the applicable agencies; ensure that each electric transmission infrastructure project is posted on the Federal permitting transmission tracking system known as e-Trans , including information on the status and anticipated completion date of each project; and regularly notify all participating members of the Team involved in any specific permit of— any outstanding agency action that is required with respect to the permit; and any approval or required comment that has exceeded statutory or agency timelines for completion, including an identification of any Federal agency, department, or field office that has not met the applicable timeline.
Annually, the Team shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes the average completion time for specific categories of regionally and nationally significant transmission projects, based on information obtained from the applicable Federal agencies. Using data provided by the Team, the Director of the Office of Management and Budget shall prioritize inclusion of individual electric transmission infrastructure projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code.
To enhance and ensure the reliability of the electric grid, there is established within the Council on Environmental Quality the position of Transmission Ombudsperson (referred to in this subsection as the Ombudsperson ), to provide a unified point of contact for— resolving interagency or intra-agency issues or delays with respect to electric transmission infrastructure permits; and receiving and resolving complaints from parties with outstanding or in-process applications relating to electric transmission infrastructure.
The Ombudsperson shall— establish a process for— facilitating the permitting process for performance of maintenance and upgrades to electric transmission lines on Federal land and non-Federal land, with a special emphasis on facilitating access for immediate maintenance, repair, and vegetation management needs; resolving complaints filed with the Ombudsperson with respect to in-process electric transmission infrastructure permits; and issuing recommended resolutions to address the complaints filed with the Ombudsperson; and hear, compile, and share any complaints filed with Ombudsperson relating to in-process electric transmission infrastructure permits.
The Secretary of the Interior, with respect to public lands (as defined in section 103(e) of the Federal Land Policy and Management Act ( 43 U.S.C. 1702(e) ), and the Secretary of Agriculture, with respect to National Forest System land, shall provide for continuity of the existing use and occupancy for the transmission of electric energy by any Federal department or agency granted across public lands or National Forest System land. The Secretary of the Interior or the Secretary of Agriculture, as applicable, within 30 days after receiving a request from the Federal department or agency administering the electric energy transmission facilities, shall, in consultation with that department or agency, initiate agreements regarding the use and occupancy or right-of-way (including vegetation management agreements, where applicable).
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Sec. 2309
Electric transmission infrastructure permitting
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