Page:United States Statutes at Large Volume 92 Part 3.djvu/528

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 3160

PUBLIC LAW 95-617—NOV. 9, 1978 mission may prepare and submit to the President a report on the impact of implementation of such application upon competition and restraint of trade and on whether such implementation would be inconsistent with the antitrust laws. Such report shall be made available to the public. Nothing in this subsection shall be construed to prevent the President from making his decision under section 507(a) in the absence of such report. (2) Nothing in this title shall bar the Attorney General or any other appropriate officer or agent of the United States from challenging any anticompetitive act or practice related to the ownership, construction, or operation of any crude oil transportation system approved under this title. The approval of any such system under this title shall not be deemed to convey to any person immunity from civil o r criminal liability or to create defenses to actions under the antitrust laws and shall not modify or abridge any private right of action under such laws, (e) FiLixG AND KEVIEW o r P E R M I T S, E I G H T S - O F - W A Y APPLICATIONS,

43 USC 2006.

ETC., NOT AFFECTED.—Nothing in this title shall be construed to prevent the acceptance and review by any Federal agency of any application for any Federal permit, right-of-way, or other authorizations tinder other provisions of law for a crude oil transportation system eligible for consideration under this title; except that any determination with respect to such an application may be made only in accordance with the provisions of section 509(a). SEC. 506. ENVIRONMENTAL IMPACT STATEMENTS. (a) PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS.—Any

Federal agency required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) to issue an environmental impact statement concerning a proposed crude oil transportation system eligible for consideration under this title shall, in preparing such statement, utilize, to the maximum extent practicable and consistent with such Act, appropriate data, analyses, conclusions, findings, and decisions regarding environmental impacts developed or made by any other Federal or State agency. Submittal to

President.

(b) F I L I N G OF ENVIRONMENTAL IMPACT STATEMENTS.—On or before

December 1, 1978, all environmental impact statements concerning proposed crude oil transportation systems eligible for consideration under this title and required under section 102 of the National Environmental Policy Act of 1969 shall be completed, made available for public review and comment, revised to the extent appropriate in light of such comment, and submitted to the President and the Council on Environmental Q u a l i t y; except that in the case of any environmental impact statement concerning any crude oil transportation system which is eligible for consideration and which was filed under section 504(2) of this title, such actions may be taken not later than 60 days after December 1, 1978. (c)

43 USC 2007.

REPORT OF THE COUNCIL ON ENVIRONMENTAL Q U A L I T Y. —

P r o m p t l y after receiving an environmental impact statement referred to in subsection (b) for a crude oil transportation system, the Council on Environmental Quality shall submit to the President a report on the Council's opinion concerning such statement and concerning other matters related to the environmental impact of such system. SEC. 507. DECISION OF THE PRESIDENT. (a) DECISION CONCERNING APPROVAL OR DISAPPROVAL OF PROPOSED

SYSTEMS.—(1) After reviewing all the information submitted to him concerning the various proposed crude oil transportation systems eligi-