DEPARTMENT OF ENERGY:  In addition to its lead agency responsibilities under EPAct 2005, the Office of Electricity Delivery and Energy Reliability, within DOE, grants Presidential permits for the construction, operation, maintenance, and connection of electric transmission facilities at the United States international border pursuant to Executive Order 10485, as amended by Executive Order 12038.  DOE issues permits pursuant to this authority if, after obtaining favorable recommendations from the Secretaries of State and Defense, it determines that the project is in the public interest.

FEDERAL ENERGY REGULATORY COMMISSION:  The Federal Energy Regulatory Commission (“FERC”) is responsible for processing and acting on applications for permits for the construction or modification of electric transmission facilities in National Interest Electric Transmission Corridors designated by the Secretary of Energy.  The Secretary of Energy delegated to FERC the authority to act as the lead agency under section 216(h), subject to the restrictions contained in the delegation order, in instances when an applicant or a prospective applicant has submitted an application to FERC for the construction or modification of one or more electric transmission facilities pursuant to section 216(b) of the FPA.  See Department of Energy Delegation Order No. 00-004.00A.  For purposes of this MOU, the term “DOE” shall be construed to include FERC, with respect to FERC’s exercise of these delegated authorities under subsection 216(h) of the FPA.  For more information please visit FERC’s Office of Energy Projects

DEPARTMENT OF COMMERCE:  The National Oceanic and Atmospheric Administration (“NOAA”), within the Department of Commerce (“DOC”), is responsible for addressing a variety of impacts to marine and coastal ecosystems as mandated by several statutes and authorities.  The siting of electric transmission lines in coastal and/or ocean areas may overlap with several NOAA responsibilities depending on the location and type of project proposed.

NOAA’s National Marine Fisheries Service (“NMFS”), within DOC, is responsible for activities that include managing protected species, managing commercial and recreational fisheries, and protecting marine and coastal habitats.  These activities are conducted pursuant to a number of environmental laws including the Endangered Species Act, Marine Mammal Protection Act, Magnuson-Stevens Fishery Conservation and Management Act, and the Fish and Wildlife Coordination Act.  Federal agencies authorizing activities may be required to consult with NMFS regarding adverse effects to these resources and the habitats upon which they depend. 

NOAA’s National Ocean Service (“NOS”), also within DOC, is responsible for various coastal and ocean programs that may be relevant to obtaining federal licenses or permits for the siting of electric transmission lines.  NOS administers the Coastal Zone Management Act (“CZMA”) and approves, periodically reviews, and provides grants and technical assistance to states for purposes of implementing comprehensive Coastal Management Programs and National Estuarine Research Reserves.  NOS also mediates certain disputes regarding CZMA issues.  Under CZMA section 307(c)(3)(A), applicable states must concur with consistency certifications submitted with linear right-of-way applications and any other required applications for federal permits or licenses before Federal agencies can issue their approvals.  NOS also manages designated National Marine Sanctuaries (“NMS”) and coastal protection and restoration activities.  Pursuant to section 304(d) of the National Marine Sanctuaries Act, Federal actions in or near NMS may require consultation with the Secretary of Commerce.  NOS may also be able to provide technical assistance related to nautical charts, coastal observing stations, geographic information system (“GIS”) capabilities, and tide and current information

DEPARTMENT OF DEFENSE:  The Department of Defense (“DoD”) is responsible for providing the military forces needed to deter war and protect the security of the United States.  The major elements of these forces are the Army, Navy, Air Force, and Marine Corps. Under the President, who is also Commander-in-Chief, the Secretary of Defense exercises authority, direction, and control over the Department, which includes the Office of the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, three Military Departments, nine Unified Combatant Commands, the DoD Inspector General, fifteen Defense Agencies, and seven DoD Field Activities.

The Army Corps of Engineers (“USACE”), within DoD, is responsible for administering laws for the protection and preservation of waters of the United States, pursuant to the requirements of section 10 of the Rivers and Harbors Act (“RHA”) of 1899, section 404 of the Clean Water Act (“CWA”) of 1972, and section 103 of the Marine Protection, Research, and Sanctuaries Act (“MPRSA”) of 1972.  Under the RHA, the USACE may authorize work and/or structures in or affecting the course, condition, location, or capacity of navigable waters of the United States.  Under the CWA, the USACE may authorize the discharge of dredged or fill material into waters of the United States, including wetlands, where the USACE determines the proposed action is the least environmentally damaging practicable alternative.  Under the MPRSA, the USACE may authorize the transportation of dredged material excavated from navigable waters of the United States for the purpose of dumping it in ocean waters. 

For more information please visit the Office of Installations Requirements and Management.
  

ENVIRONMENTALPROTECTION AGENCY:  The Environmental Protection Agency ("EPA") is responsible for administering a wide range of environmental laws. EPA responsibilities relevant to the siting of electric transmission facilities include, but are not limited to, commenting on an Environmental Impact Statement (“EIS”) under section 309 of the Clean Air Act ("CAA"), the authority to participate in the section 404 Clean Water Act ("CWA") permit process and to restrict in certain circumstances the use of specific disposal sites for dredged or fill material pursuant to section 404 (c) and the authority to issue, and/or review state- and tribe-issued permits under the CAA or for activities that involve discharges of pollutants subject to the requirements of the CWA National Pollutant Discharge Elimination System.  For more information please visit EPA’s Office of Federal Activities.

DEPARTMENT OF INTERIOR:  The Bureau of Land Management (“BLM”), within the Department of the Interior (“DOI”), is responsible for managing approximately 260 million acres of public lands.  The BLM is responsible for issuing right-of-way grants authorizing electric transmission facilities on these lands.  Title V of the Federal Land Policy and Management Act of 1976, as amended, provides the BLM the authority to issue right-of-way grants on the public lands for the generation, transmission, and distribution of electric energy.

COUNCIL ON ENVIRONMENTAL QUALITY:  The Council on Environmental Quality (“CEQ”) was established within the Executive Office of the President in 1969 by act of Congress as part of the National Environmental Policy Act (“NEPA”).  Its principal purpose is to formulate and recommend national policies to promote the improvement of the quality of the environment.  CEQ has issued regulations applicable to Federal agencies implementing NEPA (40 C.F.R. Parts 1500 through 1508).

DEPARTMENT OF AGRICULTURE:  The Forest Service (“FS”), within the Department of Agriculture (“USDA”), is responsible for the management of 193 million acres of National Forest System (“NFS”) lands.  The FS is responsible for issuing special use authorizations for electric transmission facilities on NFS lands.  Title V of the Federal Land Policy and Management Act of 1976, as amended, provides the FS the authority to issue authorizations on NFS lands for the generation, transmission, and distribution of electric energy.