; and (B) protect or benefit consumers; (5) the proposed construction or modification— (A) is consistent with sound national energy policy; and (B) will enhance energy independence; and (6) the proposed modification will maximize, to the extent reasonable and economical, the transmission capabilities of existing towers or structures. . (b) State siting and consultation Section 216 of the Federal Power Act ( 16 U.S.C. 824p ) is amended by striking subsection (d) and inserting the following: (d) State siting and consultation (1) Preservation of State siting authority The Commission shall have no authority to issue a permit under subsection (b) for the construction or modification of an electric transmission facility within a State except as provided in paragraph (1) of that subsection. (2) Consultation In any proceeding before the Commission under subsection (b), the Commission shall afford each State in which a transmission facility covered by the permit is or will be located, each affected Federal agency and Indian Tribe, private property owners, and other interested persons a reasonable opportunity to present their views and recommendations with respect to the need for and impact of a facility covered by the permit. . (c) Rights-of-Way Section 216(e) of the Federal Power Act ( 16 U.S.C. 824p(e) ) is amended— (1) in paragraph (1), by striking or a State