A bill entitled the "Priority Energy Project Act of 1979".
Priority Energy Project Act of 1979 - Title I: Purposes and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and expeditious process for Federal approval of non-nuclear energy facilities which are determined to be in the national interest.
Title II: Priority Energy Projects - Directs the Secretary of Energy to designate priority energy projects based on specified criteria. Exempts such designations from the provisions of the National Environmental Policy Act of 1979. Stipulates that if the Secretary fails to make a designation within 60 days of receiving a designation request from a person proposing an energy project, the proposed project shall automatically be given priority project status.
Directs the Secretary to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Sets the total time allowed for completion of all final agency action and the issuance of all final agency decisions as to licenses, permits, and other authorizations at one year from the date on which notice of designation of a priority energy project is published in the Federal Register.
Directs the President to make any decisions or perform any actions in the event that an agency or department fails to meet its deadline.
Provides that in the event the Secretary refuses to grant to a Federal agency or to a priority energy project a deadline extension under the provisions of this Act, upon petition to the President, such agency or project may request a deadline extension not exceeding 120 days. Sets forth criteria for the granting of such requests by the President.
Provides for the coordination of the actions of Federal, State, and local governments. Directs the Secretary to transmit to the Governor of a State in which a priority energy project is to be located a mandatory decision schedule setting deadlines for State and local authorities to complete their actions relating to such project. Sets forth procedures authorizing the President to waive State or local law provisions causing delay in implementing the State decision schedule.
Title III: Major Natural Gas Pipeline Projects - Directs the Secretary to designate, upon application by a major natural gas pipeline project, each such applicant project as a project for expedited processing by the Federal Energy Regulatory Commission (FERC). Stipulates that such mandatory designation is not to be construed as a "major Federal action" for the purposes of the National Environmental Policy Act of 1969.
Directs the Secretary to publish a project certification schedule containing deadlines for all action by the FERC concerning certification of such project under the Natural Gas Act of 1938. Authorizes extensions of such deadlines in limited circumstances.
Directs the President to make any decisions as to certificate approval or denial in the event the FERC has not acted in accordance with its decision schedule.
Authorizes the Secretary to establish deadlines for Federal agency action that are shorter than the minimum periods required under existing legislation.
Title IV: Judicial Review and Miscellaneous Provisions - Limits judicial review of decisions of the Secretary made under this Act to claims alleging that an action taken pursuant to this Act will deny constitutional or statutory rights or exceed statutory jurisdiction, authorities, or limitations. Sets time limits for filing appeals or petitions for review of actions taken pursuant to this Act, and bars any challenges to such actions which are not in conformance with these provisions. Stipulates that such challenges shall be brought in the United States courts of appeals for the circuit where the project would be located, and grants exclusive original jurisdiction to such courts in such matters. Directs such courts to give precedence to such matters over all other matters on the docket.
Authorizes the Supreme Court, exclusively, to review interlocutory judgments or orders of the court of appeals pursuant to this Act and directs the Supreme Court to give precedence to such matters to the greatest extent practicable.
Prohibits the granting of injunctive relief against the issuance of any right-of-way, permit, lease, or other authorization pursuant to this Act except in conjunction with a final judgment on a claim filed under this Act.
Terminates the Secretary's authority to designate priority energy project and major natural gas pipeline projects ten years after the date of enactment of this Act.
Introduced in Senate
Referred to Senate Committee on Energy and Natural Resources.
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