Priority Energy Project Act of 1979

Summary

Title I: Purposes and Definitions - Declares that the purpose of this Act is to provide for a coordinated, simplified, and prompt process for Federal approval of nonnuclear energy facilities which are determined to be in the national interest. Title II: Priority Projects - Authorizes the President to establish an Energy Mobilization Board to be composed of members appointed by the President. Sets forth the general duties and powers of such Board. Stipulates that any action by the Board in designating a priority energy project shall not be considered as a "major Federal action" for purposes of the National Environmental Policy Act of 1969 (NEPA). Directs the Council on Environmental Quality to determine whether any Federal action relating to the Priority Energy Project, after it has been so designated and prior to establishing the Project Schedule, will be a "major Federal action" for purposes of compliance with NEPA. Directs the Board to designate Priority Energy Projects, based on specified criteria, and to publish a Project Decision Schedule containing deadlines for all Federal actions relating to such projects. Directs the President to make any decisions or perform any actions in the event that an agency or department fails to meet its deadline. Stipulates that nothing in this Act shall prohibit any agency from making a negative determination with regard to such projects if it is within the agency's authority to do so, and provides that in the event a negative decision is rendered, the Priority Energy Project designation shall be terminated. Limits to 24 the number of Priority Energy Projects to be designated in any one year. Provides for coordination of the actions of Federal, State, and local governments. Directs the Board to recommend to any State Governor and to the Congress actions to alleviate or prevent any delays in a priority project created or threatened by any State or local government. Authorizes waivers of Federal, State, or local law upon the Board's determination that any Federal, State, or local time requirement for agency action is unreasonable and would impede the making of any agency decision. Specifies the procedure for obtaining such waivers. Title III: Judicial Review and Miscellaneous Provisions - Limits judicial review to cases of absolute necessity involving alleged denial of rights under the United States Constitution or violations of statutory jurisdiction, authority, limitations, or rights. Sets time limits for filing claims arising out of actions taken pursuant to this Act, and bars any claims filed thereafter. Stipulates that such claims shall be brought in the district court of the district in which the Priority Energy Project would be located, and grants exclusive original jurisdiction to such court in such matters. Directs such court to give precedence to such matters over all other matters on the court's docket, to the greatest extent practicable. Authorizes the Supreme Court, exclusively, to review interlocutory judgments or orders of the district court pursuant to this title, and directs the Supreme Court to give precedence to such matters. Terminates the Board's authority to designate priority projects seven years after the date of enactment of this Act. Authorizes the appropriation of $2,000,000 for fiscal year 1980 to carry out this Act.

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Documents

3 official files

• Passed House amended

  summary · EN · 1 November 1979

  Open at official source

• Reported to House amended, Part II

  summary · EN · 21 September 1979

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• Introduced in House

  summary · EN · 27 July 1979

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