The Energy Policy Act of 2005 (EPAct) (PDF 2.5 MB) declares that it is a national policy to enhance and, to the extent possible, increase the coordination and communication among Federal agencies with authority to site electric transmission facilities. Section 1221(a) of EPAct 2005/section 216(h) of the Federal Power Act stated that the U.S. Department of Energy (DOE) is to coordinate all Federal authorizations and related environmental reviews needed for siting interstate electric transmission projects, including National Environmental Policy Act of 1969 (NEPA) reviews. The purpose of this coordination is to streamline agencies' review processes and avoid duplication among Federal agencies.

An inter-agency Memorandum of Understanding (MOU) (PDF 5.1 MB) has been agreed upon by DOE and eight other Federal agencies to guide the coordination process. The MOU establishes a framework to expedite all applicable land use authorizations; related environmental, cultural, and historic preservation reviews; and any other approvals that may be required under Federal law in order to site an electric transmission facility. DOE has delegated coordination of reviews for projects in National Interest Electric Transmission Corridors to the Federal Energy Regulatory Commission (FERC). DOE and FERC will seek to make their coordination processes as similar as possible.

DOE is now considering the need for regulations to further implement its responsibilities under section 216(h). To the extent the Department finds regulations are necessary, DOE will publish them as proposed regulations for public comment. A decision on whether to propose regulations is expected to be made in the near future.

The policies set forth by Congress in EPAct reinforce previous policies announced in Executive Order 13212, which was issued on May 18, 2001, by mandating each agency with the authority to issue Federal authorizations to ensure the timely and coordinated review and permitting of electric transmission facilities.

DOE's Office of Electricity Delivery and Energy Reliability currently grants Presidential permits for the construction, operation, maintenance, and connection of electric transmission facilities at the United States international border.