Priority Energy Project Act of 1979

(Measure passed House, amended, roll call #624 (299-107))

Priority Energy Project Act of 1979 - Designates this Act a new part of the Energy Policy and Conservation Act. States that the purposes of this Act are to: (1) provide a means to designate certain nonnuclear energy conservation and production projects; and (2) establish coordinated schedules for the expeditious making of Federal, State, local, and other governmental decisions respecting such designated projects.

Authorizes the President to establish an Energy Mobilization Board to be composed of five members appointed by the President. Sets forth the general duties and powers of such Board, including the authority: (1) to institute, or participate in court or agency proceedings; and (2) to issue subpenas.

Directs the Board to keep the Senate Committee on Energy and Natural Resources and the House Committees on Interior and Insular Affairs, on Interstate and Foreign Commerce, and Science and Technology fully and currently informed concerning its activities, and to submit to such committees an annual report.

Excludes projects related to the production of nuclear energy or approved under the Public Utility Regulatory Policies Act of 1978 from coverage of this Act.

Declares that no provision of or action taken pursuant to this Act shall affect requirements of the Alaska Natural Gas Transportation Act of 1976 relating to actions of Federal officers or agencies in expediting decisions on the transportation system selected and approved under such Act.

Directs the Board to promulgate regulations establishing application procedures for a Priority Energy Project designation. Provides that such regulations shall require that that applications include sufficient information to enable the Board to: (1) make such a designation; (2) identify each affected agency; (3) enable such agencies to identify required agency decisions; and (4) establish a Project Decision Schedule. Requires that each such application include: (1) an adequate design proposal; (2) economic data on costs and benefits; and (3) an analysis of the environmental impacts of the project.

Sets forth procedures the Board must follow upon receipt of such an application.

Requires the Board, within 45 days after expiration of the comment period, to issue an order designating a project as a Priority Energy Project, or to refuse to issue such an order.

Directs the Board to provide the appropriate congressional committees with a copy of such an order.

Sets forth the criteria the Board must consider in its decision, including: (1) the extent to which the energy project would reduce the Nation's dependence upon nonrenewable resources; (2) the magnitude of any economic, social, and environmental impacts and costs associated with the project in relation to the impacts and costs of alternatives; (3) the extent to which the project would make use of renewable energy resources, conserve energy, and contribute to the development of new production or conservation technologies and techniques; (4) the adverse impacts that would result from the designation of the project as a Priority Energy Project; (5) the extent to which the project would impinge upon presently available or future water resources; and (6) the anticipated effects upon competition in the energy industry.

Directs the Board to notify the Governor of each State in which any portion of a project designated as a Priority Energy Project is proposed to be located. Permits such Governor to appoint a nonvoting Member to the Board to participate in decisions concerning such project, including the Project Decision Schedule.

Directs the Council on Environmental Quality to determine whether any Federal action relating to a Priority Energy Project, after it has been so designated and prior to establishing the Project Decision Schedule, will be a "major Federal action" for purposes of compliance with the National Environmental Policy Act of 1969 (NEPA). Requires the Council to designate a lead agency to assure compliance with NEPA whenever a major Federal action is involved.

Authorizes the Board to extend the time for certain deadlines.

Requires each agency having authority to make any agency decision with respect to any part of a project designated as a Priority Energy Project to transmit to the Board: (1) a compilation of all significant actions required to be taken by such agency and by the applicant before such decision can be made and a summary of procedural requirements applicable to such actions; (2) a tentative schedule for completing such actions and making such decisions; and (3) a statement of administrative requirements to take such actions.

Directs the Board to publish a Project Decision Schedule within 30 days of the transmittal of agency information. Requires that such schedule: (1) identify the order in which decisions which must be made by each agency are to be made; (2) identify the deadlines applicable to such decisions; (3) be consistent with the tentative schedules transmitted to the Board, unless the Board determines that a different schedule is essential to expedite and coordinate agency review; and (4) be binding on the agency and on all other persons to which the Schedule applies.

Permits an agency to modify any schedule applicable to agency decision or action subject to the Project Decision Schedule where the modification will facilitate agency compliance with the Schedule. Prohibits such agency from modifying the Project Decision Schedule.

Permits affected agencies to consolidate proceedings related to actions and decisions subject to the Project Decision Schedule to the extent practicable.

Directs the Board, in consultation with specified persons, to include in the Project Decision Schedule a schedule of deadlines for submissions for any license, permit or other approval required in connection with the project.

Permits the Board to modify the Project Decision Schedule at any time. Stipulates that extensions of time under the Schedule be granted only if the Board determines that: (1) such agency has exercised all due diligence in attempting to comply with the Schedule and is unable to; or (2) it would be impracticable, administratively, for the agency to act within the specified time.

Directs the Board to monitor compliance with the Schedule by all affected agencies and persons. Permits the Board to take such actions as it deems appropriate to bring any person or agency responsible for a project delay into compliance with the Schedule.

Directs the Board, when any person responsible for filing or taking any other action on behalf of a Project refuses to take such action, to either revise such Project Decision Schedule or revoke the Priority Energy Project designation.

States that the other statutory obligations, independence and authority of any independent regulatory agency shall remain unaffected by this Act.

Provides mechanisms for the enforcement of Project Decision Schedules by the Board, including informal hearings on the causes of delays; modifications of the Schedule to the extent necessary to allow an agency to make a required decision, if such agency has exercised due diligence in attempting to comply with its schedule and a previous extension has not been granted; orders providing necessary decisions be made by the Board in lieu of the agency involved; and recommendations for waivers of any Federal requirements found to present substantial procedural or substantive impediments to the making of agency decisions. Requires presidential recommendation of waivers to the Congress and approval by both Houses of Congress. Authorizes the Board to order the temporary suspension of the application of any State or local requirement after complying with specified notification requirements involving the Governor of such State.

Sets forth the procedures for recommending and implementing such waivers. Prohibits the alteration of Federal, State, and/or local requirements relating to: (1) the rights and working conditions of workers; (2) antitrust laws; (3) criminal laws; (4) civil rights laws; (5) primary air quality standards established under the Clean Air Act; (6) Federal constitutional rights; (7) water rights; (8) compensation of property owners for the loss of property as a result of the construction or operation of a Priority Energy Project; (9) initiatives or referendums specifically related to the establishment of energy projects; and (10) any pipeline for the transportation of coal.

States that nothing in this Act shall be construed as expanding or conferring upon the United States any right to acquire water rights or as altering any State law or regulation or interstate compact governing the use of water.

Excludes the following from judicial review: (1) Board decisions designating or refusing to designate projects as Priority Energy Projects; (2) establishment of Project Decision Schedules; (3) the granting or denying of an extension of deadlines for receiving comments, for making its determinations as to energy project designations, and for publication of Project Decision Schedules; and (4) actions taken by the Board pursuant to its monitoring of such Schedules.

Excludes any waiver recommendation by the Board or waiver determination by the President from judicial review except as required by the Constitution, or when such waiver is challenged in the appropriate United States court of appeals as inconsistent with the prohibitions on such waivers described in this Act.

Permits any action requesting a review of any final agency decision which is covered by a Project Decision Schedule to be brought only in the United States court of appeals in which the project concerned is located. Requires that such actions be brought within 90 days of such decisions and be given precedence over other matters pending on the docket of the court to the greatest extent practicable.

Directs the Board to issue annual reports to the Congress containing a list of all Federal laws and regulations that significantly hinder the completion of energy projects and an analysis of the reasons for such hindrance.

Terminates the Board's authority on September 30, 1985, but extends the provisions of this Act to projects which were designated and Schedules established before such termination, to the extent practicable.