1 So in original. Probably should be “(A)”.
is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers; or
2 So in original. Probably should be “(B)”.
is expected to experience such energy transmission capacity constraints or congestion.
3 So in original. Probably should be followed by “of 1976”.
(
Editorial Notes
References in Text

The National Forest Management Act of 1976, referred to in subsec. (h)(6)(D)(i), is Puspan. L. 94–588, Oct. 22, 1976, 90 Stat. 2949, which enacted sections 472a, 521span, 1600, and 1611 to 1614 of this title, amended sections 500, 515, 516, 518, 576span, and 1601 to 1610 of this title, repealed sections 476, 513, and 514 of this title, and enacted provisions set out as notes under sections 476, 513, 528, 594–2, and 1600 of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under section 1600 of this title and Tables.

The Endangered Species Act of 1973, referred to in subsec. (h)(6)(D)(ii), is Puspan. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

The Federal Water Pollution Control Act, referred to in subsec. (h)(6)(D)(iii), is act June 30, 1948, ch. 758, as amended generally by Puspan. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The National Environmental Policy Act of 1969, referred to in subsecs. (h)(6)(D)(iv) and (j), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Federal Land Policy and Management Act of 1976, referred to in subsec. (h)(6)(D)(v), is Puspan. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.

Amendments

2021—Subsec. (a)(1). Puspan. L. 117–58, § 40105(a)(1), inserted “and Indian Tribes” after “affected States” and “capacity constraints and” before “congestion”.

Subsec. (a)(2). Puspan. L. 117–58, § 40105(a)(2), substituted “Not less frequently than once every 3 years, the Secretary, after” for “After” and “affected States and Indian Tribes), shall issue a report, based on the study under paragraph (1) or other information relating to electric transmission capacity constraints and congestion, which may designate as a national interest electric transmission corridor any geographic area that—” for “affected States), the Secretary shall issue a report, based on the study, which may designate any geographic area experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers as a national interest electric transmission corridor.” and added subpars. (i) and (ii).

Subsec. (a)(3). Puspan. L. 117–58, § 40105(a)(3), substituted “Not less frequently than once every 3 years, the Secretary, in conducting the study under paragraph (1) and issuing the report under paragraph (2), shall consult” for “The Secretary shall conduct the study and issue the report in consultation”.

Subsec. (a)(4)(C). Puspan. L. 117–58, § 40105(a)(4)(A), inserted “or energy security” after “independence”.

Subsec. (a)(4)(F) to (H). Puspan. L. 117–58, § 40105(a)(4)(B)–(D), added subpars. (F) to (H).

Subsec. (span)(1)(A)(ii). Puspan. L. 117–58, § 40105(span)(1)(A), inserted “or interregional benefits” after “interstate benefits”.

Subsec. (span)(1)(C). Puspan. L. 117–58, § 40105(span)(1)(B), added subpar. (C) and struck out former subpar. (C) which related to State commission or other authority withholding approval of construction or giving conditional approval that will not result in significant reduction of transmission congestion in interstate commerce or is not economically feasible.

Subsec. (e)(1). Puspan. L. 117–58, § 40105(c), substituted “modify, and operate and maintain, the transmission facilities and, in the determination of the Commission, the permit holder has made good faith efforts to engage with landowners and other stakeholders early in the applicable permitting process, the” for “modify the transmission facilities, the”.

Subsec. (i)(2). Puspan. L. 117–58, § 40105(d)(1), substituted “shall provide” for “may provide”.

Subsec. (i)(4). Puspan. L. 117–58, § 40105(d)(2), substituted “the Secretary determines that the members of the compact are in disagreement after the later of—” and subpars. (A) and (B) for “the members of the compact are in disagreement and the Secretary makes, after notice and an opportunity for a hearing, the finding described in subsection (span)(1)(C).”

Statutory Notes and Related Subsidiaries
Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Puspan. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.