United States Code

16 U.S.C. § 824a-4

Seasonal diversity electricity exchange

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Bills that would change it 32

  • S 5008 Grid Connection and Congestion Management Act Amends its part · introduced · 119th Congress
  • S 4559 Energy Cost Fairness and Reliability Act of 2026 Amends its part · introduced · 119th Congress
  • S 3947 REWIRE Act Amends its part · introduced · 119th Congress
  • HR 7977 Energy Bills Relief Act Amends its part · introduced · 119th Congress
  • HR 3062 Promoting Cross-border Energy Infrastructure Act Amends 824a-4(b) · introduced · 119th Congress
  • HR 3843 Baseload Reliability Protection Act Amends its part · introduced · 119th Congress
  • S 1485 North American Energy Act Amends 824a-4(b) · introduced · 119th Congress
  • HR 603 Reinforcing the Grid Against Extreme Weather Act of 2025 Amends its part · introduced · 119th Congress
  • HR 6747 Clean Electricity and Transmission Acceleration Act of 2023 Amends its part · introduced · 118th Congress
  • S 2915 Enhancing Electric Grid Resilience Act Amends its part · introduced · 118th Congress
  • HR 5551 BIG WIRES Act Amends its part · introduced · 118th Congress
  • S 2827 BIG WIRES Act Amends its part · introduced · 118th Congress
  • HR 5154 CHARGE Act of 2023 Amends its part · introduced · 118th Congress
  • S 2480 CHARGE Act of 2023 Amends its part · introduced · 118th Congress
  • HR 1766 SITE Act Amends its part · introduced · 118th Congress
  • HR 2811 Limit, Save, Grow Act of 2023 Amends 824a-4(b) · introduced · 118th Congress
  • S 1456 SPUR Act Amends 824a-4(b) · introduced · 118th Congress
  • HR 2750 Enhancing Electric Grid Resilience Act Amends its part · introduced · 118th Congress
  • HR 1 Lower Energy Costs Act Amends 824a-4(b) · introduced · 118th Congress
  • S 989 North American Energy Act Amends 824a-4(b) · introduced · 118th Congress
  • HR 1058 Promoting Cross-border Energy Infrastructure Act Amends 824a-4(b) · introduced · 118th Congress
  • S 946 SITE Act Amends its part · introduced · 118th Congress
  • S 947 Lower Energy Costs Act Amends 824a-4(b) · introduced · 118th Congress
  • S 23 Promoting Cross-border Energy Infrastructure Act Amends 824a-4(b) · introduced · 118th Congress
  • HR 9326 Enhancing Electric Grid Resilience Act Amends its part · introduced · 117th Congress
  • HR 1512 CLEAN Future Act Amends its part · introduced · 117th Congress
  • HR 575 Promoting Cross-border Energy Infrastructure Act Amends 824a-4(b) · introduced · 117th Congress
  • S 3879 CHARGE Act of 2022 Amends its part · introduced · 117th Congress
  • HR 4971 SITE Act Amends its part · introduced · 117th Congress
  • S 2651 SITE Act Amends its part · introduced · 117th Congress
  • S 3056 North American Energy Infrastructure Act Amends 824a-4(b) · introduced · 115th Congress
  • HR 2883 Promoting Cross-Border Energy Infrastructure Act Amends 824a-4(b) · introduced · 115th Congress

The law today

From the official United States Code, current through Public Law 119-121.

(a) Authority The Secretary may acquire rights-of-way by purchase, including eminent domain, through North Dakota, South Dakota, and Nebraska for transmission facilities for the seasonal diversity exchange of electric power to and from Canada if he determines— (1) after opportunity for public hearing— (A) that the exchange is in the public interest and would further the purposes referred to in section 2611(1) and (2) of this title and that the acquisition of such rights-of-way and the construction and operation of such transmission facilities for such purposes is otherwise in the public interest, (B) that a permit has been issued in accordance with subsection (b) for such construction, operation, maintenance, and connection of the facilities at the border for the transmission of electric energy between the United States and Canada as is necessary for such exchange of electric power, and (C) that each affected State has approved the portion of the transmission route located in each State in accordance with applicable State law, or if there is no such applicable State law in such State, the Governor has approved such portion; and (2) after consultation with the Secretary of the Interior and the heads of other affected Federal agencies, that the Secretary of the Interior and the heads of such,1 other agencies concur in writing in the location of such portion of the transmission facilities as crosses Federal land under the jurisdiction of such Secretary or such other Federal agency, as the case may be. The Secretary shall provide to any State such cooperation and technical assistance as the State may request and as he determines appropriate in the selection of a transmission route. If the transmission route approved by any State does not appear to be feasible and in the public interest, the Secretary shall encourage such State to review such route and to develop a route that is feasible and in the public interest. Any exercise by the Secretary of the power of eminent domain under this section shall be in accordance with other applicable provisions of Federal law. The Secretary shall provide public notice of his intention to acquire any right-of-way before exercising such power of eminent domain with respect to such right-of-way. (b) Permit Notwithstanding any transfer of functions under the first sentence of section 301(b) of the Department of Energy Organization Act [42 U.S.C. 7151(b)], no permit referred to in subsection (a)(1)(B) may be issued unless the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act [16 U.S.C. 824a(e)] and under the applicable execution order respecting the construction, operation, maintenance, or connection at the borders of the United States of facilities for the transmission of electric energy between the United States and a foreign country. Any finding of the Commission under an applicable executive order referred to in this subsection shall be treated for purposes of judicial review as an order issued under section 202(e) of the Federal Power Act. (c) Timely acquisition by other means The Secretary may not acquire any rights-of-day 2 under this section unless he determines that the holder or holders of a permit referred to in subsection (a)(1)(B) are unable to acquire such rights-of-way under State condemnation authority, or after reasonable opportunity for negotiation, without unreasonably delaying construction, taking into consideration the impact of such delay on completion of the facilities in a timely fashion. (d) Payments by permittees (1) The property interest acquired by the Secretary under this section (whether by eminent domain or other purchase) shall be transferred by the Secretary to the holder of a permit referred to in subsection (b) if such holder has made payment to the Secretary of the entire costs of the acquisition of such property interest, including administrative costs. The Secretary may accept, and expend, for purposes of such acquisition, amounts from any such person before acquiring a property interest to be transferred to such person under this section. (2) If no payment is made by a permit holder under paragraph (1), within a reasonable time, the Secretary shall offer such rights-of-way to the original owner for reacquisition at the original price paid by the Secretary. If such original owner refuses to reacquire such property after a reasonable period, the Secretary shall dispose of such property in accordance with applicable provisions of law governing disposal of property of the United States. (e) Federal law governing Federal lands This section shall not affect any Federal law governing Federal lands.
Official text at uscode.house.gov ↗