For purposes of this subchapter—

(1) The term “applicable law” means any law of general applicability (other than this subchapter) under which any Federal department or agency has jurisdiction to grant any authorization (including but not limited to, any right-of-way, permit, license, lease, or certificate) without which a transportation or utility system cannot, in whole or in part, be established or operated.

(2) The term “applicant” means any public or private person, including, but not limited to, any Federal department or agency.

(3) The term “Federal agency” means any Federal department or agency that has any function or duty under applicable law.

The types of systems to which subparagraph (A) applies are as follows:

(A) The term “transportation or utility system” means any type of system described in subparagraph (B) if any portion of the route of the system will be within any conservation system unit, national recreation area, or national conservation area in the State (and the system is not one that the department or agency having jurisdiction over the unit or area is establishing incident to its management of the unit or area).

(B) The types of systems to which subparagraph (A) applies are as follows: (i) Canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other systems for the transportation of water. (ii) Pipelines and other systems for the transportation of liquids other than water, including oil, natural gas, synthetic liquid and gaseous fuels, and any refined product produced therefrom. (iii) Pipelines, slurry and emulsion systems and conveyor belts for the transportation of solid materials. (iv) Systems for the transmission and distribution of electric energy. (v) Systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signals, and other means of communication. (vi) Improved rights-of-way for snow machines, air cushion vehicles, and other all-terrain vehicles. (vii) Roads, highways, railroads, tunnels, tramways, airports, landing strips, docks, and other systems of general transportation. Any system described in this subparagraph includes such related structures and facilities (both temporary and permanent) along the route of the system as may be minimally necessary for the construction, operation, and maintenance of the system. Such related structures and facilities shall be described in the application required by section 3164 of this title, and shall be approved or disapproved in accordance with the procedures set forth in this subchapter.

(Pub. L. 96–487, title XI, § 1102, Dec. 2, 1980, 94 Stat. 2458.)