US (United States) Code. Title 15. Chapter 15C: Alaska natural gas transportation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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publicidad

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15 USC CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

.

-HEAD-

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-MISC1-

Sec.

719. Congressional findings.

719a. Congressional statement of purpose.

719b. Definitions.

719c. Federal Power Commission reviews and reports.

(a) Proceedings: suspension, vacation or removal of

suspension; issuance of certificate of

convenience and necessity.

(b) Recommendation; submittal to President; rule for

presentation of data, views, and arguments;

Federal agency cooperation.

(c) Report; public availability; factors to be

discussed.

(d) Recommendation not based upon Canadian pipeline

system decision.

(e) Transportation system: recommendation, submittal

to President; environmental impact statement:

submittal to President.

719d. Federal and State officer or agency and other interested

persons' reports.

(a) Federal officer or agency comments; submittal to

President; public availability.

(b) State officer or agency and other interested

persons' comments; submittal to President.

(c) Report of Federal officer or agency to the

President.

(d) Report of Council on Environmental Quality to the

President.

719e. Presidential decision and report.

(a) Dateline for decision; transmission to Congress,

delay: notice to Congress; contents of

decision; chairman, appointment; Federal

inspector of construction: duties, including

establishment of joint surveillance and

monitoring agreement.

(b) Transmittal to Congress.

(c) Financial analysis.

(d) Views and objectives involving intergovernmental

and international cooperation.

(e) Decision effective as provided in section 719f of

this title; financing authority unaffected.

719f. Congressional review.

(a) Effectiveness of decision designating

transportation system for approval upon

enactment of joint resolution.

(b) New decision: statement of reasons for proposal;

transmittal to Congress.

(c) Sessions of Congress.

(d) Rules under rulemaking powers of Congress; change

of rules; ''resolution'' defined; referral to

Congressional committees; debate limitation;

motion for consideration of resolution; debate

on resolution; nondebatable motions and appeals

from procedural decisions.

(e) Presidential finding respecting and

supplementation or modification of

environmental impact statement; submittal to

Congressional committees.

(f) Report of Commission: submittal to Congress;

Council on Environmental Quality: hearings,

report, submittal to Congress; Congressional

committee hearings.

(g) Waiver; submittal to Congress.

719g. Transportation system certificates, rights-of-way, permits,

leases, or other authorizations.

(a) Earliest practicable date for issuance or grant

of authorizations.

(b) Expedition and precedence of actions on

applications or requests.

(c) Required terms and conditions.

(d) Additions to, and amendment or abrogation of

authorizations; exception.

(e) Appropriate terms and conditions.

719h. Judicial review.

(a) Exclusiveness of remedy.

(b) Limitations for filing claims.

(c) Exclusive jurisdiction of the Special Court;

barred claims; conclusiveness of environmental

impact statements.

719i. Supplemental enforcement authority.

(a) Compliance order or civil action.

(b) Specificity of compliance order.

(c) Appropriate relief and jurisdiction of civil

action.

719j. Export limitations.

719k. Equal access to facilities.

(a) Ownership in transportation system.

(b) Use within Alaska.

719l. Antitrust laws.

719m. Authorization of appropriations.

719n. Separability.

719o. Civil rights; affirmative action of Federal officers and

agencies; rules: promulgation and enforcement.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 3214.

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15 USC Sec. 719 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719. Congressional findings

-STATUTE-

The Congress finds and declares that -

(1) a natural gas supply shortage exists in the contiguous

States of the United States;

(2) large reserves of natural gas in the State of Alaska could

help significantly to alleviate this supply shortage;

(3) the expeditious construction of a viable natural gas

transportation system for delivery of Alaska natural gas to

United States markets is in the national interest; and

(4) the determinations whether to authorize a transportation

system for delivery of Alaska natural gas to the contiguous

States and, if so, which system to select, involve questions of

the utmost importance respecting national energy policy,

international relations, national security, and economic and

environmental impact, and therefore should appropriately be

addressed by the Congress and the President in addition to those

Federal officers and agencies assigned functions under law

pertaining to the selection, construction, and initial operation

of such a system.

-SOURCE-

(Pub. L. 94-586, Sec. 2, Oct. 22, 1976, 90 Stat. 2903.)

-MISC1-

EXPIRATION DATE

Section 20 of Pub. L. 94-586 provided that: ''This Act (this

chapter) shall terminate in the event that no decision of the

President takes effect under section 8 of this Act (section 719f of

this title), such termination to occur at the end of the last day

on which a decision could be, but is not, approved under such

section.''

SHORT TITLE

Section 1 of Pub. L. 94-586 provided that: ''This Act (enacting

this chapter and provisions set out as notes under this section and

section 1651 of Title 43, Public Lands) may be cited as the 'Alaska

Natural Gas Transportation Act of 1976'.''

ANTITRUST STUDY

Section 19 of Pub. L. 94-586 directed Attorney General of United

States to conduct a thorough study of antitrust issues and problems

relating to production and transportation of Alaska natural gas

and, not later than six months after Oct. 22, 1976, to complete

such study and submit to Congress a report containing his findings

and recommendations with respect thereto.

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15 USC Sec. 719a 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719a. Congressional statement of purpose

-STATUTE-

The purpose of this chapter is to provide the means for making a

sound decision as to the selection of a transportation system for

delivery of Alaska natural gas to the contiguous States for

construction and initial operation by providing for the

participation of the President and the Congress in the selection

process, and, if such a system is approved under this chapter, to

expedite its construction and initial operation by (1) limiting the

jurisdiction of the courts to review the actions of Federal

officers or agencies taken pursuant to the direction and authority

of this chapter, and (2) permitting the limitation of

administrative procedures and effecting the limitation of judicial

procedures related to such actions. To accomplish this purpose it

is the intent of the Congress to exercise its constitutional powers

to the fullest extent in the authorizations and directions herein

made, and particularly with respect to the limitation of judicial

review of actions of Federal officers or agencies taken pursuant

thereto.

-SOURCE-

(Pub. L. 94-586, Sec. 3, Oct. 22, 1976, 90 Stat. 2903.)

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15 USC Sec. 719b 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

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Sec. 719b. Definitions

-STATUTE-

As used in this chapter:

(1) the term ''Alaska natural gas'' means natural gas derived

from the area of the State of Alaska generally known as the North

Slope of Alaska, including the Continental Shelf thereof;

(2) the term ''Commission'' means the Federal Power Commission;

(3) the term ''Secretary'' means the Secretary of the Interior;

(4) the term ''provision of law'' means any provision of a

Federal statute or rule, regulation, or order issued thereunder;

and

(5) the term ''approved transportation system'' means the

system for the transportation of Alaska natural gas designated by

the President pursuant to section 719e(a) or 719f(b) of this

title and approved by joint resolution of the Congress pursuant

to section 719f of this title.

-SOURCE-

(Pub. L. 94-586, Sec. 4, Oct. 22, 1976, 90 Stat. 2904.)

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and

7293 of Title 42, The Public Health and Welfare.

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15 USC Sec. 719c 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719c. Federal Power Commission reviews and reports

-STATUTE-

(a) Proceedings: suspension, vacation or removal of suspension;

issuance of certificate of convenience and necessity

(1) Notwithstanding any provision of the Natural Gas Act or any

other provision of law, the Commission shall suspend all

proceedings pending before the Commission on October 22, 1976,

relating to a system for the transportation of Alaska natural gas

as soon as the Commission determines to be practicable after such

date, and the Commission may refuse to act on any application,

amendment thereto, or other requests for action under the Natural

Gas Act relating to a system for the transportation of Alaska

natural gas until such time as (A) a decision of the President

designating such a system for approval takes effect pursuant to

section 719f of this title, (B) no such decision takes effect

pursuant to section 719f of this title, or (C) the President

decides not to designate such a system for approval under section

719f of this title and so advises the Congress pursuant to section

719e of this title.

(2) In the event a decision of the President designating such a

system takes effect pursuant to this chapter, the Commission shall

forthwith vacate proceedings suspended under paragraph (1) and,

pursuant to section 719g of this title and in accordance with the

President's decision, issue a certificate of public convenience and

necessity respecting such system.

(3) In the event such a decision of the President does not take

effect pursuant to this chapter or the President decides not to

designate such a system and so advises the Congress pursuant to

section 719e of this title, the suspension provided for in

paragraph (1) of this subsection shall be removed.

(b) Recommendation; submittal to President; rule for presentation

of data, views, and arguments; Federal agency cooperation

(1) The Commission shall review all applications for the issuance

of a certificate of public convenience and necessity relating to

the transportation of Alaska natural gas pending on October 22,

1976, and any amendments thereto which are timely made, and after

consideration of any alternative transportation system which the

Commission determines to be reasonable, submit to the President not

later than May 1, 1977, a recommendation concerning the selection

of such a transportation system. Such recommendation may be in the

form of a proposed certificate of public convenience and necessity,

or in such other form as the Commission determines to be

appropriate, or may recommend that no decision respecting the

selection of such a transportation system be made at this time or

pursuant to this chapter. Any recommendation that the President

approve a particular transportation system shall (A) include a

description of the nature and route of the system, (B) designate a

person to construct and operate the system, which person shall be

the applicant, if any, which filed for a certificate of public

convenience and necessity to construct and operate such system, (C)

if such recommendation is for an all-land pipeline transportation

system, or a transportation system involving water transportation,

include provision for new facilities to the extent necessary to

assure direct pipeline delivery of Alaska natural gas

contemporaneously to points both east and west of the Rocky

Mountains in the lower continental United States.

(2) The Commission may, by rule, provide for the presentation of

data, views, and arguments before the Commission or a delegate of

the Commission pursuant to such procedures as the Commission

determines to be appropriate to carry out its responsibilities

under paragraph (1) of this subsection. Such a rule shall, to the

extent determined by the Commission, apply, notwithstanding any

provision of law that would otherwise have applied to the

presentation of data, views, and arguments.

(3) The Commission may request such information and assistance

from any Federal agency as the Commission determines to be

necessary or appropriate to carry out its responsibilities under

this chapter. Any Federal agency requested to submit information

or provide assistance shall submit such information to the

Commission at the earliest practicable time after receipt of a

Commission request.

(c) Report; public availability; factors to be discussed

The Commission shall accompany any recommendation under

subsection (b)(1) of this section with a report, which shall be

available to the public, explaining the basis for such

recommendation and including for each transportation system

reviewed or considered a discussion of the following:

(1) for each year of the 20-year period which begins with the

first year following October 22, 1976, the estimated -

(A) volumes of Alaska natural gas which would be available to

each region of the United States directly, or indirectly by

displacement or otherwise, and

(B) transportation costs and delivered prices of any such

volumes of gas by region;

(2) the effects of each of the factors described in

subparagraphs (A) and (B) of paragraph (1) on the projected

natural gas supply and demand for each region of the United

States and on the projected supplies of alternative fuels

available by region to offset shortages of natural gas occurring

in such region for each such year;

(3) the impact upon competition;

(4) the extent to which the system provides a means for the

transportation to United States markets of natural resources or

other commodities from sources in addition to the Prudhoe Bay

Reserve;

(5) environmental impacts;

(6) safety and efficiency in design and operation and potential

for interruption in deliveries of Alaska natural gas;

(7) construction schedules and possibilities for delay in such

schedules or for delay occurring as a result of other factors;

(8) feasibility of financing;

(9) extent of reserves, both proven and probable and their

deliverability by year for each year of the 20-year period which

begins with the first year following October 22, 1976;

(10) the estimate of the total delivered cost to users of the

natural gas to be transported by the system by year for each year

of the 20-year period which begins with the first year following

October 22, 1976;

(11) capability and cost of expanding the system to transport

additional volumes of natural gas in excess of initial system

capacity;

(12) an estimate of the capital and operating costs, including

an analysis of the reliability of such estimates and the risk of

cost overruns; and

(13) such other factors as the Commission determines to be

appropriate.

(d) Recommendation not based upon Canadian pipeline system decision

The recommendation by the Commission pursuant to this section

shall not be based upon the fact that the Government of Canada or

agencies thereof have not, by then rendered a decision as to

authorization of a pipeline system to transport Alaska natural gas

through Canada.

(e) Transportation system: recommendation, submittal to President;

environmental impact statement: submittal to President

If the Commission recommends the approval of a particular

transportation system, it shall submit to the President with such

recommendation (1) an identification of those facilities and

operations which are proposed to be encompassed within the term

''construction and initial operation'' in order to define the scope

of directions contained in section 719g of this title and (2) the

terms and conditions permitted under the Natural Gas Act (15 U.S.C.

717 et seq.), which the Commission determines to be appropriate for

inclusion in a certificate of public convenience and necessity to

be issued respecting such system. The Commission shall submit to

the President contemporaneously with its' report an environmental

impact statement prepared respecting the recommended system, if

any, and each environmental impact statement which may have been

prepared respecting any other system reported on under this

section.

-SOURCE-

(Pub. L. 94-586, Sec. 5, Oct. 22, 1976, 90 Stat. 2904.)

-REFTEXT-

REFERENCES IN TEXT

The Natural Gas Act, referred to in subsecs. (a)(1) and (e), is

act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is

classified generally to chapter 15B (Sec. 717 et seq.) of this

title. For complete classification of this Act to the Code, see

section 717w of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and

7293 of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 719d, 719e, 719f of this

title.

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15 USC Sec. 719d 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719d. Federal and State officer or agency and other interested

persons' reports

-STATUTE-

(a) Federal officer or agency comments; submittal to President;

public availability

Not later than July 1, 1977, any Federal officer or agency may

submit written comments to the President with respect to the

recommendation and report of the Commission and alternative methods

for transportation of Alaska natural gas for delivery to the

contiguous States. Such comments shall be made available to the

public by the President when submitted to him, unless expressly

exempted from this requirement in whole or in part by the

President, under section 552(b)(1) of title 5. Any such written

comment shall include information within the competence of such

Federal officer or agency with respect to -

(1) environmental considerations, including air and water

quality and noise impacts;

(2) the safety of the transportation systems;

(3) international relations, including the status and time

schedule for any necessary Canadian approvals and plans;

(4) national security, particularly security of supply;

(5) sources of financing for capital costs;

(6) the impact upon competition;

(7) impact on the national economy, including regional natural

gas requirements; and

(8) relationship of the proposed transportation system to other

aspects of national energy policy.

(b) State officer or agency and other interested persons' comments;

submittal to President

Not later than July 1, 1977, the Governor of any State, any

municipality, State utility commission, and any other interested

person may submit to the President such written comments with

respect to the recommendation and report of the Commission and

alternative systems for delivering Alaska natural gas to the

contiguous States as they determine to be appropriate.

(c) Report of Federal officer or agency to the President

Not later than July 1, 1977, each Federal officer or agency shall

report to the President with respect to actions to be taken by such

officer or agency under section 719g(a) of this title relative to

each transportation system reported on by the Commission under

section 719c(c) of this title and shall include such officer's or

agency's recommendations with respect to any provision of law to be

waived pursuant to section 719f(g) of this title in conjunction

with any decision of the President which designates a system for

approval.

(d) Report of Council on Environmental Quality to the President

Following receipt by the President of the Commission's

recommendations, the Council on Environmental Quality shall afford

interested persons an opportunity to present oral and written data,

views, and arguments respecting the environmental impact statements

submitted by the Commission under section 719c(e) of this title.

Not later than July 1, 1977, the Council on Environmental Quality

shall submit to the President a report, which shall be

contemporaneously made available by the Council to the public,

summarizing any data, views, and arguments received and setting

forth the Council's views concerning the legal and factual

sufficiency of each such environmental impact statement and other

matters related to environmental impact as the Council considers to

be relevant.

-SOURCE-

(Pub. L. 94-586, Sec. 6, Oct. 22, 1976, 90 Stat. 2906.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and

7293 of Title 42, The Public Health and Welfare.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 719e of this title.

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15 USC Sec. 719e 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719e. Presidential decision and report

-STATUTE-

(a) Dateline for decision; transmission to Congress, delay: notice

to Congress; contents of decision; chairman, appointment;

Federal inspector of construction: duties, including

establishment of joint surveillance and monitoring agreement

(1) As soon as practicable after July 1, 1977, but not later than

September 1, 1977, the President shall issue a decision as to

whether a transportation system for delivery of Alaska natural gas

should be approved under this chapter. If he determines such a

system should be so approved, his decision shall designate such a

system for approval pursuant to section 719f of this title and

shall be consistent with section 719c(b)(1)(C) of this title to

assure delivery of Alaska natural gas to points both east and west

of the Rocky Mountains in the continental United States. The

President in making his decision shall take into consideration the

Commission's recommendation pursuant to section 719c of this title,

the report under section 719c(c) of this title, and any comments

submitted under section 719d of this title; and his decision to

designate a system for approval shall be based on his determination

as to which system, if any, best serves the national interest.

(2) The President, for a period of up to 90 additional calendar

days after September 1, 1977, may delay the issuance of his

decision and transmittal thereof to the House of Representatives

and the Senate, if he determines (A) that there exists no

environmental impact statement prepared relative to a system he

wishes to consider or that any prepared environmental impact

statement relative to a system he wishes to consider is legally or

factually insufficient, or (B) that the additional time is

otherwise necessary to enable him to make a sound decision on an

Alaska natural gas transportation system. The President shall

promptly, but in no case any later than September 1, 1977, notify

the House of Representatives and the Senate if he so delays his

decision and submit a full explanation of the basis of any such

delay.

(3) If, on or before May 1, 1977, the President determines to

delay issuance and transmittal of his decision to the House of

Representatives and the Senate pursuant to paragraph (2) of this

subsection, he may authorize a delay of not more than 90 days in

the date of taking of any action specified in sections 719c and

719d of this title. The President shall promptly notify the House

of Representatives and the Senate of any such authorization of

delay and submit a full explanation of the basis of any such

authorization.

(4) If the President determines to designate for approval a

transportation system for delivery of Alaska natural gas to the

contiguous States, he shall in such decision -

(A) describe the nature and route of the system designated for

approval;

(B) designate a person to construct and operate such a system,

which person shall be the applicant, if any, which filed for a

certificate of public convenience and necessity to construct and

operate such system;

(C) identify those facilities, the construction of which, and

those operations, the conduct of which, shall be encompassed

within the term ''construction and initial operation'' for

purposes of defining the scope of the directions contained in

section 719g of this title, taking into consideration any

recommendation of the Commission with respect thereto; and

(D) identify those provisions of law, relating to any

determination of a Federal officer or agency as to whether a

certificate, permit, right-of-way, lease, or other authorization

shall be issued or be granted, which provisions the President

finds (i) involve determinations which are subsumed in his

decision and (ii) require waiver pursuant to section 719f(g) of

this title in order to permit the expeditious construction and

initial operation of the transportation system.

(5) Repealed. Pub. L. 102-486, title XXX, Sec. 3012(a), Oct. 24,

1992, 106 Stat. 3128.

(6) If the President determines to designate for approval a

transportation system for delivery of Alaska natural gas to the

contiguous States, he may identify in such decision such terms and

conditions permissible under existing law as he determines

appropriate for inclusion with respect to any issuance or

authorization directed to be made pursuant to section 719g of this

title.

(b) Transmittal to Congress

The decision of the President made pursuant to subsection (a) of

this section shall be transmitted to both Houses of Congress and

shall be considered received by such Houses for the purposes of

this section on the first day on which both are in session

occurring after such decision is transmitted. Such decision shall

be accompanied by a report explaining in detail the basis for his

decision with specific reference to the factors set forth in

sections 719c(c) and 719d(a) of this title, and the reasons for any

revision, modification of, or substitution for, the Commission

recommendation.

(c) Financial analysis

The report of the President pursuant to subsection (b) of this

section shall contain a financial analysis for the transportation

system designated for approval. Unless the President finds and

states in his report submitted pursuant to this section that he

reasonably anticipates that the system designated by him can be

privately financed, constructed, and operated, his report shall

also be accompanied by his recommendation concerning the use of

existing Federal financing authority or the need for new Federal

financing authority.

(d) Views and objectives involving intergovernmental and

international cooperation

In making his decision under subsection (a) of this section the

President shall inform himself, through appropriate consultation,

of the views and objectives of the States, the Government of

Canada, and other governments with respect to those aspects of such

a decision that may involve intergovernmental and international

cooperation among the Government of the United States, the States,

the Government of Canada, and any other government.

(e) Decision effective as provided in section 719f of this title;

financing authority unaffected

If the President determines to designate a transportation system

for approval, the decision of the President shall take effect as

provided in section 719f of this title, except that the approval of

a decision of the President shall not be construed as amending or

otherwise affecting the laws of the United States so as to grant

any new financing authority as may have been identified by the

President pursuant to subsection (c) of this section.

-SOURCE-

(Pub. L. 94-586, Sec. 7, Oct. 22, 1976, 90 Stat. 2907; Pub. L.

102-486, title XXX, Sec. 3012(a), Oct. 24, 1992, 106 Stat. 3128.)

-MISC1-

AMENDMENTS

1992 - Subsec. (a)(5). Pub. L. 102-486 struck out par. (5) which

provided for Presidential appointment of officer or board to serve

as Federal inspector of construction of Alaska natural gas

transportation system and specified duties and powers of such

inspector.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter, all functions assigned to the

person or board to be appointed by the President under subsec.

(a)(5) of this section, and, pursuant to subsec. (a)(6) of this

section, function of enforcing terms and conditions described in

section 5 of the Decision and Report to the Congress on the Alaska

Natural Gas Transportation System, approved by Congress pursuant to

Pub. L. 95-158, set out under section 719f of this title, with

respect to pre-construction, construction, and initial operation of

transportation system for Canadian and Alaskan natural gas

transferred to Federal Inspector, Office of Federal Inspector for

Alaska Natural Gas Transportation System, until first anniversary

of date of initial operation of Alaska Natural Gas Transportation

System, see sections 102(h) and 203(a) of Reorg. Plan No. 1 of 1979

set out below. Subsec. (a)(5) of this section was repealed, Office

of the Federal Inspector for the Alaska Natural Gas Transportation

System, created pursuant to subsec. (a)(5) abolished, and functions

and authority vested in Inspector transferred to Secretary of

Energy by section 3012(b) of Pub. L. 102-486, set out below.

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and

7293 of Title 42, The Public Health and Welfare.

ABOLITION OF OFFICE OF FEDERAL INSPECTOR

Section 3012(b) of Pub. L. 102-486 provided that: ''The Office of

Federal Inspector of Construction for the Alaska Natural Gas

Transportation System (also known as ''Office of the Federal

Inspector for the Alaska Natural Gas Transportation System''),

created pursuant to the paragraph (15 U.S.C. 719e(a)(5)) repealed

by subsection (a) of this section, is abolished. All functions and

authority vested in the Inspector are hereby transferred to the

Secretary of Energy.''

REORGANIZATION PLAN NO. 1 OF 1979

EFF. JULY 1, 1979, 44 F.R. 33663, 93 STAT. 1373

Prepared by the President and transmitted to the Senate and House

of Representatives in Congress assembled, April 2, 1979, pursuant

to the provisions of Chapter 9 of Title 5 of the United States

Code.

OFFICE OF THE FEDERAL INSPECTOR FOR CONSTRUCTION OF THE ALASKA

NATURAL GAS TRANSPORTATION SYSTEM

-MISC5-

PART I. OFFICE OF THE FEDERAL INSPECTOR AND TRANSFER OF FUNCTIONS

SECTION 101. ESTABLISHMENT OF THE OFFICE OF FEDERAL INSPECTOR FOR

THE ALASKA NATURAL GAS TRANSPORTATION SYSTEM

(a) There is hereby established as an independent establishment

in the executive branch, the Office of the Federal Inspector for

the Alaska Natural Gas Transportation System (the ''Office'').

(b) The Office shall be headed by a Federal Inspector for the

Alaska Natural Gas Transportation System (the ''Federal

Inspector'') who shall be appointed by the President, by and with

the advice and consent of the Senate, and shall be compensated at

the rate now or hereafter prescribed by law for Level III of the

Executive Schedule (5 U.S.C. 5314), and who shall serve at the

pleasure of the President.

(c) Each Federal agency having statutory responsibilities over

any aspect of the Alaska Natural Gas Transportation System shall

appoint an Agency Authorized Officer to represent that authority on

all matters pertaining to pre-construction, construction, and

initial operation of the system.

SEC. 102. TRANSFER OF FUNCTIONS TO THE FEDERAL INSPECTOR

Subject to the provisions of Sections 201, 202, and 203 of this

Plan, all functions insofar as they relate to enforcement of

Federal statutes or regulations and to enforcement of terms,

conditions, and stipulations of grants, certificates, permits and

other authorizations issued by Federal agencies with respect to

pre-construction, construction, and initial operation of an

''approved transportation system'' for transport of Canadian

natural gas and ''Alaskan natural gas,'' as such terms are defined

in the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719

et seq.), hereinafter called the ''Act'', are hereby transferred to

the Federal Inspector. This transfer shall vest in the Federal

Inspector exclusive responsibility for enforcement of all Federal

statutes relevant in any manner to pre-construction, construction,

and initial operation. With respect to each of the statutory

authorities cited below, the transferred functions include all

enforcement functions of the given agencies or their officials

under the statutes as may be related to the enforcement of such

terms, conditions, and stipulations, including but not limited to

the specific sections of the statute cited. ''Enforcement'', for

purposes of this transfer of functions, includes monitoring and any

other compliance or oversight activities reasonably related to the

enforcement process. These transferred functions include:

(a) Such enforcement functions of the Administrator or other

appropriate official or entity in the Environmental Protection

Agency related to compliance with: national pollutant discharge

elimination system permits provided for in Section 402 of the

Federal Water Pollution Control Act (33 U.S.C. 1342); spill

prevention, containment and countermeasure plans in Section 311 of

the Federal Water Pollution Control Act (33 U.S.C. 1321); review of

the Corps of Engineers' dredged and fill material permits issued

under Section 404 of the Federal Water Pollution Control Act (33

U.S.C. 1344); new source performance standards in Section 111 of

the Clean Air Act, as amended by the Clean Air Act Amendments of

1977 (42 U.S.C. 7411); prevention of significant deterioration

review and approval in Sections 160-169 of the Clean Air Act, as

amended by the Clean Air Amendments of 1977 (42 U.S.C. 7470 et

seq.); and the resource conservation and recovery permits issued

under the Resource Conservation and Recovery Act of 1976 (42 U.S.C.

6901 et seq.);

(b) Such enforcement functions of the Secretary of the Army, the

Chief of Engineers, or other appropriate officer or entity in the

Corps of Engineers of the United States Army related to compliance

with: dredged and fill material permits issued under Section 404 of

the Federal Water Pollution Control Act (33 U.S.C. 1344); and

permits for structures in navigable waters, issued under Section 10

of the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C.

403);

(c) Such enforcement functions of the Secretary or other

appropriate officer or entity in the Department of Transportation

related to compliance with: the Natural Gas Pipeline Safety Act of

1968, as amended (49 U.S.C. 1671, et seq.) and the gas pipeline

safety regulations issued thereunder; the Federal Aviation Act of

1958, as amended (49 U.S.C. 1301, et seq.) and authorizations and

regulations issued thereunder; and permits for bridges across

navigable waters, issued under Section 9 of the Rivers and Harbors

Appropriation Act of 1899 (33 U.S.C. 401);

(d) Such enforcement functions of the Secretary or other

appropriate officer or entity in the Department of Energy and such

enforcement functions of the Commission, Commissioners, or other

appropriate officer or entity in the Federal Energy Regulatory

Commission related to compliance with: the certificates of public

convenience and necessity, issued under Section 7 of the Natural

Gas Act, as amended (15 U.S.C. 717f); and authorizations for

importation of natural gas from Alberta as predeliveries of Alaskan

gas issued under Section 3 of the Natural Gas Act, as amended (15

U.S.C. 717b);

(e) Such enforcement functions of the Secretary or other

appropriate officer or entity in the Department of the Interior

related to compliance with: grants of rights-of-way and temporary

use permits for Federal land, issued under Section 28 of the

Mineral Leasing Act of 1920 (30 U.S.C. 185); land use permits for

temporary use of public lands and other associated land uses,

issued under Sections 302, 501, and 503-511 of the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1732, 1761, and

1763-1771); materials sales contracts under the Materials Act of

1947 (30 U.S.C. 601-603); rights-of-way across Indian lands, issued

under the Rights of Way Through Indian Lands Act (25 U.S.C. 321, et

seq.); removal permits issued under the Materials Act of 1947 (30

U.S.C. 601-603); approval to cross national wildlife refuges,

National Wildlife Refuge System Administration Act of 1966 (16

U.S.C. 668dd-668jj) and the Upper Mississippi River Wildlife and

Fish Refuge Act (16 U.S.C. 721-731); wildlife consultation in the

Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.);

protection of certain birds in the Migratory Bird Treaty Act (16

U.S.C. 703 et seq.); Bald and Golden Eagles Protection Act (16

U.S.C. 668-668d); review of Corps of Engineers dredged and fill

material permits issued under Section 404 of the Federal Water

Pollution Control Act (33 U.S.C. 1344); rights-of-way across

recreation lands issued under the Land and Water Conservation Fund

Act of 1965, as amended (16 U.S.C. 4601-4 - 4601-11); historic

preservation under the National Historic Preservation Act of 1966

as amended (16 U.S.C. 470-470f); permits issued under the

Antiquities Act of 1906 (16 U.S.C. 432, 433); and system activities

requiring coordination and approval under general authorities of

the National Trails System Act, as amended (16 U.S.C. 1241-1249),

the Wilderness Act, as amended (16 U.S.C. 1131-1136), the Wild and

Scenic Rivers Act, as amended (16 U.S.C. 1271-1287), the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Act

of April 27, 1935 (prevention of soil erosion) (16 U.S.C. 590a-f),

and an Act to Provide for the Preservation of Historical and

Archeological Data, as amended (16 U.S.C. 469-469c);

(f) Such enforcement functions of the Secretary or other

appropriate officer or entity in the Department of Agriculture,

insofar as they involve lands and programs under the jurisdiction

of that Department, related to compliance with: associated land use

permits authorized for and in conjunction with grants of

rights-of-way across Federal lands issued under Section 28 of the

Mineral Leasing Act of 1920 (30 U.S.C. 185); land use permits for

other associated land uses issued under Sections 501 and 503-511 of

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761,

1763-1771), under the Organic Administration Act of June 4, 1897,

as amended (16 U.S.C. 473, 474-482, 551), and under Title III of

the Bankhead-Jones Farm Tenant Act of 1937, as amended (7 U.S.C.

1010-1012); removal of materials under the Materials Act of 1947

(30 U.S.C. 601-603) and objects of antiquity under the Antiquities

Act of 1906 (16 U.S.C. 432, 433); construction and utilization of

national forest roads under the Roads and Trails System Act of 1964

(16 U.S.C. 532-538); and system activities requiring coordination

and approval under general authorities of the National Forest

Management Act of 1976 (16 U.S.C. 1600 et seq.); the Multiple

Use-Sustained-Yield Act of 1960 (16 U.S.C. 528-531); the Forest and

Rangelands Renewable Resources Planning Act of 1974 (16 U.S.C.

1601-1610); the National Trails System Act, as amended (16 U.S.C.

1241-1249); the Wilderness Act, as amended (16 U.S.C. 1131-1136);

the Wild and Scenic Rivers Act, as amended (16 U.S.C. 1271-1287);

the Land and Water Conservation Fund Act of 1965, as amended (16

U.S.C. 460 et seq.) (16 U.S.C. 460l-4 to 460l-11); the Federal

Water Pollution Control Act of 1972 (33 U.S.C. 1151 et seq.) (33

U.S.C. 1251 et seq.); the Fish and Wildlife Coordination Act and

Fish and Game Sanctuaries Act (16 U.S.C. 661 et seq. and 694,

694a-b, respectively); the National Historic Preservation Act of

1966, as amended (16 U.S.C. 470-470f); an Act to Provide for the

Preservation of Historical and Archeological Data, as amended (16

U.S.C. 469-469c); the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.); the Watershed Protection and Flood Prevention

Act, as amended (16 U.S.C. 1001 et seq.); the Soil and Water

(Resources) Conservation Act of 1977 (16 U.S.C. 2001 et seq.); and

the Act of April 27, 1935 (prevention of soil erosion) (16 U.S.C.

590a-f);

(g) Such enforcement functions of the Secretary or other

appropriate officer or entity in the Department of the Treasury

related to compliance with permits for interstate transport of

explosives and compliance with regulations for the storage of

explosives, Title XI of the Organized Crime Control Act of 1970 (18

U.S.C. 841-848);

(h)(1) The enforcement functions authorized by, and supplemental

enforcement authority created by the Act (15 U.S.C. 719 et seq.);

(2) All functions assigned to the person or board to be appointed

by the President under Section 7(a)(5) of the Act (15 U.S.C. 719e);

and

(3) Pursuant to Section 7(a)(6) of the Act (15 U.S.C. 719e),

enforcement of the terms and conditions described in Section 5 of

the Decision and Report to the Congress on the Alaska Natural Gas

Transportation System, as approved by the Congress pursuant to

Public Law 95-158 (91 Stat. 1268), November 2(8), 1977 (set out

under 15 U.S.C. 719f), (hereinafter the ''Decision'').

PART II. OTHER PROVISIONS

SEC. 201. EXECUTIVE POLICY BOARD

The Executive Policy Board for the Alaska Natural Gas

Transportation System, hereinafter the ''Executive Policy Board'',

which shall be established by executive order, shall advise the

Federal Inspector on the performance of the Inspector's functions.

All other functions assigned, or which could be assigned pursuant

to the Decision, to the Executive Policy Board are hereby

transferred to the Federal Inspector.

SEC. 202. FEDERAL INSPECTOR AND AGENCY AUTHORIZED OFFICERS

(a) The Agency Authorized Officers shall be detailed to and

located within the Office. The Federal Inspector shall delegate to

each Agency Authorized Officer the authority to enforce the terms,

conditions, and stipulations of each grant, permit, or other

authorization issued by the Federal agency which appointed the

Agency Authorized Officer. In the exercise of these enforcement

functions, the Agency Authorized Officers shall be subject to the

supervision and direction of the Federal Inspector, whose decision

on enforcement matters shall constitute ''action'' for purposes of

Section 10 of the Act (15 U.S.C. 719h).

(b) The Federal Inspector shall be responsible for coordinating

the expeditious discharge of nonenforcement activities by Federal

agencies and coordinating the compliance by all the Federal

agencies with Section 9 of the Act (15 U.S.C. 719g). Such

coordination shall include requiring submission of scheduling plans

for all permits, certificates, grants or other necessary

authorizations, and coordinating scheduling of system-related

agency activities. Such coordination may include serving as the

''one window'' point for filing for and issuance of all necessary

permits, certificates, grants or other authorizations, and,

consistent with law, Federal government requests for data or

information related to any application for a permit, certificate,

grant or other authorization. Upon agreement between the Federal

Inspector and the head of any agency, that agency may delegate to

the Federal Inspector any statutory function vested in such agency

related to the functions of the Federal Inspector.

(c) The Federal Inspector and Agency Authorized Officers in

implementing the enforcement authorities herein transferred shall

carry out the enforcement policies and procedures established by

the Federal agencies which nominally administer these authorities,

except where the Federal Inspector determines that such policies

and procedures would require action inconsistent with Section 9 of

the Act (15 U.S.C. 719g).

(d) Under the authority of Section 15 of the Act (15 U.S.C.

719m), the Federal Inspector will undertake to obtain

appropriations for all aspects of the Federal Inspector's

operations. Such undertaking shall include appropriations for all

of the functions specified in the Act and in the general terms and

conditions of the Decision as well as for the enforcement

activities of the Federal Inspector. The Federal Inspector will

consult with the various Federal agencies as to resource

requirements for enforcing their respective permits and other

authorizations in preparing a unified budget for the Office. The

budget shall be reviewed by the Executive Policy Board.

SEC. 203. SUBSEQUENT TRANSFER PROVISION

(a) Effective upon the first anniversary of the date of initial

operation of the Alaska Natural Gas Transportation System, the

functions transferred by Section 102 of this Plan shall be

transferred to the agency which performed the functions on the date

prior to date the provisions of Section 102 of this Plan were made

effective pursuant to Section 205 of this Plan.

(b) Upon the issuance of the final determination order by the

Director of the Office of Management and Budget for the transfers

provided for by subsection (a) of this section, the Office and the

position of Federal Inspector shall, effective on the date of that

order, stand abolished.

SEC. 204. INCIDENTAL TRANSFERS

So much of the personnel, property, records and unexpended

balances of appropriations, allocations and other funds employed,

used, held, available, or to be made available in connection with

the functions transferred under this Plan, as the Director of the

Office of Management and Budget shall determine, shall be

transferred to the appropriate agency or component at such time or

times as the Director of the Office of Management and Budget shall

provide, except that no such unexpended balances transferred shall

be used for purposes other than those for which the appropriation

was originally made. The Director of the Office of Management and

Budget shall provide for the terminating of the affairs of the

Office and the Federal Inspector upon their abolition pursuant to

this Plan and for such further measures and dispositions as such

Director deems necessary to effectuate the purposes of this Plan.

SEC. 205. EFFECTIVE DATE

This Plan shall become effective at such time or times as the

President shall specify, but not sooner than the earliest time

allowable under Section 906 of Title 5 of the United States Code,

except that the provisions of Section 203 shall occur as provided

by the terms of that Section.

(Pursuant to Ex. Ord. No. 12142, June 21, 1979, 44 F.R. 36927,

this Reorg. Plan is effective July 1, 1979).

(For abolition of Office of the Federal Inspector for the Alaska

Natural Gas Transportation System and transfer of functions and

authority to Secretary of Energy, see section 3012(b) of Pub. L.

102-486, set out as an Abolition of Office of Federal Inspector

note above.)

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I am submitting to you today Reorganization Plan No. 1 of 1979 to

create the Office of Federal Inspector for the Alaska Natural Gas

Transportation System and establish the position of Federal

Inspector. Creation of this Office and the transfer of appropriate

Federal enforcement authority and responsibility is consistent with

my September 1977 Decision and Report to the Congress on the Alaska

Natural Gas Transportation System. This decision was approved by

the Congress November 2, 1977.

The Alaska Gas Transportation System is a 4,748-mile pipeline to

be constructed in partnership with Canada. Canada completed

legislation enacting a similar transfer last year and has already

appointed an official to coordinate its activities prior to and

during pipeline construction. The Northwest Alaska Pipeline

Company has been selected to construct the pipeline, with

completion scheduled in late 1984. Estimated construction costs are

$10-$15 billion, to be financed by private investment.

Natural gas is among the Nation's most valuable fuels. It is in

the national interest to bring Alaskan gas reserves to market at

the lowest possible price for consumers. Construction of a gas

pipeline from the Prudhoe Bay reserves in Alaska through Canada to

points in the West and Midwest United States will provide a system

which will deliver more Alaskan natural gas at less cost to a

greater number of Americans than any alternative transportation

system. Every effort must be made to ensure timely completion of

the pipeline at the lowest possible cost consistent with Federal

regulatory policies.

As a result of our experience in construction of the Trans-Alaska

Oil Pipeline, we recognize the need for the Federal Government to

be in a strong position to manage its own role in this project

through prompt, coordinated decisionmaking in pre-construction

approval functions and in enforcing the terms and conditions of the

permits, certificates, leases, and other authorizations to be

issued by various Federal agencies. We must avoid duplicating the

delays and cost escalations experienced in the construction of the

Trans-Alaska Pipeline System. The Plan I am submitting would

establish clear responsibility for the efficient functioning of

Federal enforcement activities by assigning the Federal Inspector

authority to carry out these responsibilities.

The Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719

et seq.) only provided for monitoring the construction of the

pipeline. The Plan transfers to the Federal Inspector the

authority to supervise the enforcement of terms and conditions of

the permits and other authorizations, including those to be issued

by the Departments of Agriculture, Interior, Transportation, and

Treasury, and the Environmental Protection Agency, the Federal

Energy Regulatory Commission, and the U.S. Army Corps of Engineers.

The Plan provides for the Federal Inspector to coordinate other

Federal activities directly related to the pipeline project.

Federal agencies retain their authority to issue permits and

related authorizations, but enforcement of the terms and conditions

of these authorizations is transferred to the Federal Inspector.

Transfer of enforcement authority from Federal agencies to the

Federal Inspector is limited in scope to their participation in

this project and in duration to the pre-construction, construction,

and initial operation phases of the project.

The Decision and Report to the Congress recommended an Executive

Policy Board with policy-making and supervisory authority over the

Federal Inspector. I plan to sign an Executive Order upon approval

of this Plan by the Congress which will create an Executive Policy

Board which will be only advisory, but which will enhance

communication and coordinate among Federal agencies and with the

Federal Inspector. The Plan modifies the Decision and Report in

that regard. The Federal Inspector will use the policies and

procedures of the agencies involved in exercising the transferred

enforcement responsibilities to the maximum extent practicable.

The Board provides the opportunity for agencies to contribute to

the policy deliberations of the Inspector and exercises an

oversight role to insure that pipeline activities are carried on

within existing regulatory policy. The Board is required to review

the budget of the Office of the Federal Inspector and periodically

report to me on the progress of construction and on major problems

encountered. I am convinced that the Federal Inspector must have

authority commensurate with his responsibilities.

Each of the provisions of this proposed reorganization would

accomplish one or more of the purposes set forth in Section 901(a)

of Title 5 of the United States Code. The appointment and

compensation of the Federal Inspector is in accordance with the

provisions of the Alaska Natural Gas Transportation Act of 1976 (15

U.S.C. 719 et seq.), and the Reorganization Act of 1977. The

provisions for appointment and pay in this Plan are necessary by

reason of a reorganization made by the Plan. The rate of

compensation is comparable to rates for similar positions within

the Executive Branch. This reorganization will result in a

reduction in the cost of construction for the pipeline system and

ultimately in savings to American consumers. A small increase in

cost to the Federal government will result from the creation of the

Office of the Federal Inspector. The Plan requires that the Office

and the position of Federal Inspector will be abolished upon the

first anniversary date after the pipeline becomes operational.

Jimmy Carter.

The White House, April 2, 1979.

-EXEC-

EX. ORD. NO. 12142. ALASKA NATURAL GAS TRANSPORTATION SYSTEM

Ex. Ord. No. 12142, June 21, 1979, 44 F.R. 36927, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including Section 301 of

Title 3 of the United States Code and Sections 201 and 205 of

Reorganization Plan No. 1 of 1979 (set out above), it is hereby

ordered as follows:

1-101. Reorganization Plan No. 1 of 1979 (set out above), not

having been disapproved by Congress (S. Res. 126, 125 Cong. Rec. S

6563-64 (May 23, 1979); H. Res. 199, 125 Cong. Rec. H 3950-51 (May

31, 1979)), shall be effective on July 1, 1979.

1-102. In accord with Section 201 of that Plan, there is hereby

established the Executive Policy Board for the system for the

transportation of Alaska natural gas (''the System'') as such

system is defined in the Alaska Natural Gas Transportation Act of

1976 (15 U.S.C. 719 et seq.).

1-103. The Board shall consist of the Secretaries of the

Departments of Agriculture, Energy, Labor, Transportation, and the

Interior, the Administrator of the Environmental Protection Agency,

the Chief of Engineers of the United States Army, and the Chairman

of the Federal Energy Regulatory Commission. Additional members may

be elected to the Board by vote of a majority of the members. The

Board will by majority vote elect a Chairman to serve for a

one-year term.

1-104. The Board shall perform the following functions:

(a) Advise the Federal Inspector for the Alaska Natural Gas

Transportation System (the ''Federal Inspector'') established by

Reorganization Plan No. 1 of 1979, on policy issues in accord with

applicable law and existing Departmental or Agency policies.

(b) Provide advice, through the Federal Inspector, to the

officers representing and exercising the functions of the Federal

Departments and Agencies that concern the System (''Agency

Authorized Officers'').

(c) Advise the Federal Inspector and the Agency Authorized

Officers on matters concerning enforcement actions.

(d) At least every six months, assess the progress made and

problems encountered in constructing the System and make necessary

recommendations to the Federal Inspector.

1-105. The Federal Inspector shall keep the Board informed of the

progress made and problems encountered in the course of

construction of the System.

1-106. Whenever the Federal Inspector determines that

implementation of Departmental or Agency enforcement policies and

procedures would require action inconsistent with Section 9 of the

Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719g), the

Federal Inspector shall issue a written statement of such

determination including a complete factual and legal basis for the

determination. A copy of each statement shall be forwarded

promptly to the Board and made available to the public by the

Federal Inspector.

1-107. After written notice of a proposed enforcement action is

given by the Federal Inspector, the Federal Inspector will be

subject to the rules of procedure for ex parte contacts as

reflected in the guidelines and policies of Departments and

Agencies from which the specific enforcement authority is

transferred.

1-108. The Federal Inspector and all employees of the Office of

the Federal Inspector shall be subject to the provisions of

Executive Order No. 11222 concerning standards of conduct for

Federal employees. The Federal Inspector shall issue standards of

conduct, pursuant to the Order, for the Office of the Federal

Inspector.

1-109. To the extent permitted by law, each Department and Agency

shall cooperate with and furnish necessary information and

assistance to the Board in the performance of its functions.

1-110. This Order shall be effective on July 1, 1979.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 719b, 719c, 719f, 719m of

this title.

-CITE-

15 USC Sec. 719f 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719f. Congressional review

-STATUTE-

(a) Effectiveness of decision designating transportation system for

approval upon enactment of joint resolution

Any decision under section 719e(a) of this title or subsection

(b) of this section designating for approval a transportation

system for the delivery of Alaska natural gas shall take effect

upon enactment of a joint resolution within the first period of 60

calendar days of continuous session of Congress beginning on the

date after the date of receipt by the Senate and House of

Representatives of a decision transmitted pursuant to section

719e(b) of this title or subsection (b) of this section.

(b) New decision: statement of reasons for proposal; transmittal to

Congress

If the Congress does not enact such a joint resolution within

such 60-day period, the President, not later than the end of the

30th day following the expiration of the 60-day period, may propose

a new decision and shall provide a detailed statement concerning

the reasons for such proposal. The new decision shall be submitted

in accordance with section 719e(a) of this title and transmitted to

the House of Representatives and the Senate on the same day while

both are in session and shall take effect pursuant to subsection

(a) of this section. In the event that a resolution respecting the

President's decision was defeated by vote of either House, no new

decision may be transmitted pursuant to this subsection unless such

decision differs in a material respect from the previous decision.

(c) Sessions of Congress

For purposes of this section -

(1) continuity of session of Congress is broken only by an

adjournment sine die; and

(2) the days on which either House is not in session because of

an adjournment of more than 3 days to a day certain are excluded

in the computation of the 60-day calendar period.

(d) Rules under rulemaking powers of Congress; change of rules;

''resolution'' defined; referral to Congressional committees;

debate limitation; motion for consideration of resolution;

debate on resolution; nondebatable motions and appeals from

procedural decisions

(1) This subsection is enacted by Congress -

(A) as an exercise of the rulemaking power of each House of

Congress, respectively, and as such it is deemed a part of the

rules of each House, respectively, but applicable only with

respect to the procedure to be followed in that House in the case

of resolutions described by paragraph (2) of this subsection; and

it supersedes other rules only to the extent that it is

inconsistent therewith; and

(B) with full recognition of the constitutional right of either

House to change the rules (so far as those rules relate to the

procedure of that House) at any time, in the same manner and to

the same extent as in the case of any other rule of such House.

(2) For purposes of this chapter, the term ''resolution'' means

(A) a joint resolution, the resolving clause of which is as

follows: ''That the House of Representatives and Senate approve the

Presidential decision on an Alaska natural gas transportation

system submitted to the Congress on _ _ _ _ _, 19 , and find that

any environmental impact statements prepared relative to such

system and submitted with the President's decision are in

compliance with the Natural (FOOTNOTE 1) Environmental Policy Act

of 1969.''; the blank space therein shall be filled with the date

on which the President submits his decision to the House of

Representatives and the Senate; or (B) a joint resolution described

in subsection (g) of this section.

(FOOTNOTE 1) So in original. Probably should be ''National''.

(3) A resolution once introduced with respect to a Presidential

decision on an Alaska natural gas transportation system shall be

referred to one or more committees (and all resolutions with

respect to the same Presidential decision on an Alaska natural gas

transportation system shall be referred to the same committee or

committees) by the President of the Senate or the Speaker of the

House of Representatives, as the case may be.

(4)(A) If any committee to which a resolution with respect to a

Presidential decision on an Alaska natural gas transportation

system has been referred has not reported it at the end of 30

calendar days after its referral, it shall be in order to move

either to discharge such committee from further consideration of

such resolution or to discharge such committee from consideration

of any other resolution with respect to such Presidential decision

on an Alaska natural gas transportation system which has been

referred to such committee.

(B) A motion to discharge may be made only by an individual

favoring the resolution, shall be highly privileged (except that it

may not be made after the committee has reported a resolution with

respect to the same Presidential decision on an Alaska natural gas

transportation system), and debate thereon shall be limited to not

more than 1 hour, to be divided equally between those favoring and

those opposing the resolution. An amendment to the motion shall

not be in order, and it shall not be in order to move to reconsider

the vote by which the motion was agreed to or disagreed to.

(C) If the motion to discharge is agreed to or disagreed to, the

motion may not be made with respect to any other resolution with

respect to the same Presidential decision on an Alaska natural gas

transportation system.

(5)(A) When any committee has reported, or has been discharged

from further consideration of, a resolution, but in no case earlier

than 30 days after the date of receipt of the President's decision

to the Congress, it shall be at any time thereafter in order (even

though a previous motion to the same effect has been disagreed to)

to move to proceed to the consideration of the resolution. The

motion shall be highly privileged and shall not be debatable. An

amendment to the motion shall not be in order, and it shall not be

in order to move to reconsider the vote by which the motion was

agreed to or disagreed to.

(B) Debate on the resolution described in paragraph (2)(A) of

this subsection shall be limited to not more than 10 hours and on

any resolution described in subsection (g) of this section to one

hour. This time shall be divided equally between those favoring

and those opposing such resolution. A motion further to limit

debate shall not be debatable. An amendment to, or motion to

recommit the resolution shall not be in order, and it shall not be

in order to move to reconsider the vote by which such resolution

was agreed to or disagreed to or, thereafter within such 60-day

period, to consider any other resolution respecting the same

Presidential decision.

(6)(A) Motions to postpone, made with respect to the discharge

from committee, or the consideration of a resolution and motions to

proceed to the consideration of other business, shall be decided

without debate.

(B) Appeals from the decision of the Chair relating to the

application of the rules of the Senate or the House of

Representatives, as the case may be, to the procedures relating to

a resolution shall be decided without debate.

(e) Presidential finding respecting and supplementation or

modification of environmental impact statement; submittal to

Congressional committees

The President shall find that any required environmental impact

statement relative to the Alaska natural gas transportation system

designated for approval by the President has been prepared and that

such statement is in compliance with the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.). Such finding shall be

set forth in the report of the President submitted under section

719e of this title. The President may supplement or modify the

environmental impact statements prepared by the Commission or other

Federal officers or agencies. Any such environmental impact

statement shall be submitted contemporaneously with the transmittal

to the Senate and House of Representatives of the President's

decision pursuant to section 719e(b) of this title or subsection

(b) of this section.

(f) Report of Commission: submittal to Congress; Council on

Environmental Quality: hearings, report, submittal to Congress;

Congressional committee hearings

Within 20 days of the transmittal of the President's decision to

the Congress under section 719e(b) of this title or under

subsection (b) of this section, (1) the Commission shall submit to

the Congress a report commenting on the decision and including any

information with regard to that decision which the Commission

considers appropriate, and (2) the Council on Environmental Quality

shall provide an opportunity to any interested person to present

oral and written data, views, and arguments on any environmental

impact statement submitted by the President relative to any system

designated by him for approval which is different from any system

reported on by the Commission under section 719c(c) of this title,

and shall submit to the Congress a report summarizing any such

views received. The committees in each House of Congress to which

a resolution has been referred under subsection (d)(3) of this

section shall conduct hearings on the Council's report and include

in any report of the committee respecting such resolution the

findings of the committee on the legal and factual sufficiency of

any environmental impact statement submitted by the President

relative to any system designated by him for approval.

(g) Waiver; submittal to Congress

(1) At any time after a decision designating a transportation

system is submitted to the Congress pursuant to this section, if

the President finds that any provision of law applicable to actions

to be taken under subsection (a) or (c) of section 719g of this

title require waiver in order to permit expeditious construction

and initial operation of the approved transportation system, the

President may submit such proposed waiver to both Houses of

Congress.

(2) Such provision shall be waived with respect to actions to be

taken under subsection (a) or (c) of section 719g of this title

upon enactment of a joint resolution pursuant to the procedures

specified in subsections (c) and (d) of this section (other than

subsection (d)(2) thereof) within the first period of 60 calendar

days of continuous session of Congress beginning on the date after

the date of receipt by the Senate and House of Representatives of

such proposal.

(3) The resolving clause of the joint resolution referred to in

this subsection is as follows: ''That the House of Representatives

and Senate approve the waiver of the provision of law ( ) as

proposed by the President, submitted to the Congress on , 19 .''

The first blank space therein being filled with the citation to the

provision of law and the second blank space therein being filled

with the date on which the President submits his decision to the

House of Representatives and the Senate.

(4) In the case of action with respect to a joint resolution

described in this subsection, the phrase ''a waiver of a provision

of law'' shall be substituted in subsection (d) of this section for

the phrase ''the Alaska natural gas transportation system.''.

-SOURCE-

(Pub. L. 94-586, Sec. 8, Oct. 22, 1976, 90 Stat. 2909.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsecs. (d)(2) and (e), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat.

852, as amended, which is classified generally to chapter 55 (Sec.

4321 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 4321 of Title 42 and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and

7293 of Title 42, The Public Health and Welfare.

-MISC5-

CONGRESSIONAL APPROVAL OF PRESIDENTIAL RECOMMENDATIONS FOR WAIVER

OF LAW TO PERMIT EXPEDITIOUS CONSTRUCTION AND INITIAL OPERATION OF

SYSTEM

Pub. L. 97-93, Dec. 15, 1981, 95 Stat. 1204, provided: ''That the

House of Representatives and Senate approve the waiver of the

provision of law (Public Law 95-158 (set out as a note below),

Public Law numbered 688, Seventy-fifth Congress, second session

(section 717 et seq. of this title), and Public Law 94-163 (42

U.S.C. 6201 et seq.)) as proposed by the President, submitted to

the Congress on October 15, 1981.'' (The Message of the President,

dated Oct. 15, 1981, submitting the findings and proposed waiver of

law, is set out in 17 Weekly Compilation of Presidential Documents

1135, Oct. 19, 1981.)

CONGRESSIONAL APPROVAL OF PRESIDENTIAL DECISION ON ALASKA NATURAL

GAS TRANSPORTATION SYSTEM

Pub. L. 95-158, Nov. 8, 1977, 91 Stat. 1268, provided: ''That the

House of Representatives and Senate approve the Presidential

decision on an Alaska natural gas transportation system submitted

to the Congress on September 22, 1977, and find that any

environmental impact statements prepared relative to such system

and submitted with the President's decision are in compliance with

the Natural (National) Environmental Policy Act of 1969 (section

4321 et seq. of Title 42, The Public Health and Welfare).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 719b, 719c, 719d, 719e,

719g, 719h of this title; title 16 sections 3166, 3233; title 43

section 2008.

-CITE-

15 USC Sec. 719g 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719g. Transportation system certificates, rights-of-way,

permits, leases, or other authorizations

-STATUTE-

(a) Earliest practicable date for issuance or grant of

authorizations

To the extent that the taking of any action which is necessary or

related to the construction and initial operation of the approved

transportation system requires a certificate, right-of-way, permit,

lease, or other authorization to be issued or granted by a Federal

officer or agency, such Federal officer or agency shall -

(1) to the fullest extent permitted by the provisions of law

administered by such officer or agency, but

(2) without regard to any provision of law which is waived

pursuant to section 719f(g) of this title issue or grant such

certificates, permits, rights-of-way, leases, and other

authorizations at the earliest practicable date.

(b) Expedition and precedence of actions on applications or

requests

All actions of a Federal officer or agency with respect to

consideration of applications or requests for the issuance or grant

of a certificate, right-of-way, permit, lease, or other

authorization to which subsection (a) of this section applies shall

be expedited and any such application or request shall take

precedence over any similar applications or requests of the Federal

officer or agency.

(c) Required terms and conditions

Any certificate, right-of-way, permit, lease, or other

authorization issued or granted pursuant to the direction under

subsection (a) of this section shall include the terms and

conditions required by law unless waived pursuant to a resolution

under section 719f(g) of this title, and may include terms and

conditions permitted by law, except that with respect to terms and

conditions permitted but not required, the Federal officer or

agency, notwithstanding any such other provision of law, shall have

no authority to include terms and conditions as would compel a

change in the basic nature and general route of the approved

transportation system or those the inclusion of which would

otherwise prevent or impair in any significant respect the

expeditious construction and initial operation of such

transportation system.

(d) Additions to, and amendment or abrogation of authorizations;

exception

Any Federal officer or agency, with respect to any certificate,

permit, right-of-way, lease, or other authorization issued or

granted by such officer or agency, may, to the extent permitted

under laws administered by such officer or agency add to, amend or

abrogate any term or condition included in such certificate,

permit, right-of-way, lease, or other authorization except that

with respect to any such action which is permitted but not required

by law, such Federal officer or agency, notwithstanding any such

other provision of law, shall have no authority to take such action

if the terms and conditions to be added, or as amended, would

compel a change in the basic nature and general route of the

approved transportation system or would otherwise prevent or impair

in any significant respect the expeditious construction and initial

operation of such transportation system.

(e) Appropriate terms and conditions

Any Federal officer or agency to which subsection (a) of this

section applies, to the extent permitted under laws administered by

such officer or agency, shall include in any certificate, permit,

right-of-way, lease, or authorization issued or granted those terms

and conditions identified in the President's decision as

appropriate for inclusion except that the requirement to include

such terms and conditions shall not limit the Federal officer or

agency's authority under subsection (d) of this section.

-SOURCE-

(Pub. L. 94-586, Sec. 9, Oct. 22, 1976, 90 Stat. 2912.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 719c, 719d, 719e, 719f,

719h, 719k of this title.

-CITE-

15 USC Sec. 719h 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719h. Judicial review

-STATUTE-

(a) Exclusiveness of remedy

Notwithstanding any other provision of law, the actions of

Federal officers or agencies taken pursuant to section 719g of this

title, shall not be subject to judicial review except as provided

in this section.

(b) Limitations for filing claims

(1) Claims alleging the invalidity of this chapter may be brought

not later than the 60th day following the date a decision takes

effect pursuant to section 719f of this title.

(2) Claims alleging that an action will deny rights under the

Constitution of the United States, or that an action is in excess

of statutory jurisdiction, authority, or limitations, or short of

statutory right may be brought not later than the 60th day

following the date of such action, except that if a party shows

that he did not know of the action complained of, and a reasonable

person acting in the circumstances would not have known, he may

bring a claim alleging the invalidity of such action on the grounds

stated above not later than the 60th day following the date of his

acquiring actual or constructive knowledge of such action.

(c) Exclusive jurisdiction of the Special Court; barred claims;

conclusiveness of environmental impact statements

(1) A claim under subsection (b) of this section shall be barred

unless a complaint is filed prior to the expiration of such time

limits in the United States Court of Appeals for the District of

Columbia acting as a Special Court. Such court shall have exclusive

jurisdiction to determine such proceeding in accordance with the

procedures hereinafter provided, and no other court of the United

States, or any State, territory, or possession of the United

States, or of the District of Columbia, shall have jurisdiction of

any such claim in any proceeding instituted prior to or on or after

October 22, 1976.

(2) Repealed. Pub. L. 98-620, title IV, Sec. 402(16), Nov. 8,

1984, 98 Stat. 3358.

(3) The enactment of a joint resolution under section 719f of

this title approving the decision of the President shall be

conclusive as to the legal and factual sufficiency of the

environmental impact statements submitted by the President relative

to the approved transportation system and no court shall have

jurisdiction to consider questions respecting the sufficiency of

such statements under the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.).

-SOURCE-

(Pub. L. 94-586, Sec. 10, Oct. 22, 1976, 90 Stat. 2913; Pub. L.

98-620, title IV, Sec. 402(16), Nov. 8, 1984, 98 Stat. 3358.)

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (c)(3), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 et

seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 4321 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1984 - Subsec. (c)(2). Pub. L. 98-620 struck out par. (2) which

required that any such proceeding had to be assigned for hearing

and completed at the earliest possible date, would, to the greatest

extent practicable, take precedence over all other matters pending

on the docket of the court at that time, and had to be expedited in

every way by such court and such court had to render its decision

relative to any claim within 90 days from the date such claim was

brought unless such court determined that a longer period of time

was required to satisfy requirements of the United States

Constitution.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-620 not applicable to cases pending on

Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an

Effective Date note under section 1657 of Title 28, Judiciary and

Judicial Procedure.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

-CITE-

15 USC Sec. 719i 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719i. Supplemental enforcement authority

-STATUTE-

(a) Compliance order or civil action

In addition to remedies available under other applicable

provisions of law, whenever any Federal officer or agency

determines that any person is in violation of any applicable

provision of law administered or enforceable by such officer or

agency or any rule, regulation, or order under such provision,

including any term or condition of any certificate, right-of-way,

permit, lease, or other authorization, issued or granted by such

officer or agency, such officer or agency may -

(1) issue a compliance order requiring such person to comply

with such provision or any rule, regulation, or order thereunder,

or

(2) bring a civil action in accordance with subsection (c) of

this section.

(b) Specificity of compliance order

Any order issued under subsection (a) of this section shall state

with reasonable specificity the nature of the violation and a time

of compliance, not to exceed 30 days, which the officer or agency,

as the case may be, determines is reasonable, taking into account

the seriousness of the violation and any good faith efforts to

comply with applicable requirements.

(c) Appropriate relief and jurisdiction of civil action

Upon a request of such officer or agency, as the case may be, the

Attorney General may commence a civil action for appropriate

relief, including a permanent or temporary injunction or a civil

penalty not to exceed $25,000 per day for violations of the

compliance order issued under subsection (a) of this section. Any

action under this subsection may be brought in any district court

of the United States for the district in which the defendant is

located, resides, or is doing business, and such court shall have

jurisdiction to restrain such violation, require compliance, or

impose such penalty or give ancillary relief.

-SOURCE-

(Pub. L. 94-586, Sec. 11, Oct. 22, 1976, 90 Stat. 2914.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

-CITE-

15 USC Sec. 719j 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719j. Export limitations

-STATUTE-

Any exports of Alaska natural gas shall be subject to the

requirements of the Natural Gas Act (15 U.S.C. 717 et seq.) and

section 103 of the Energy Policy and Conservation Act (42 U.S.C.

6212), except that in addition to the requirements of such Acts,

before any Alaska natural gas in excess of 1,000 Mcf per day may be

exported to any nation other than Canada or Mexico, the President

must make and publish an express finding that such exports will not

diminish the total quantity or quality nor increase the total price

of energy available to the United States.

-SOURCE-

(Pub. L. 94-586, Sec. 12, Oct. 22, 1976, 90 Stat. 2914.)

-REFTEXT-

REFERENCES IN TEXT

The Natural Gas Act, referred to in text, is act June 21, 1938,

ch. 556, 52 Stat. 821, as amended, which is classified generally to

chapter 15B (Sec. 717 et seq.) of this title. For complete

classification of this Act to the Code, see section 717w of this

title and Tables.

The Energy Policy and Conservation Act, referred to in text, is

Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended, which is

classified principally to chapter 77 (Sec. 6201 et seq.) of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

6201 of Title 42 and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

-CITE-

15 USC Sec. 719k 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719k. Equal access to facilities

-STATUTE-

(a) Ownership in transportation system

There shall be included in the terms of any certificate, permit,

right-of-way, lease, or other authorization issued or granted

pursuant to the directions contained in section 719g of this title,

a provision that no person seeking to transport natural gas in the

Alaska natural gas transportation system shall be prevented from

doing so or be discriminated against in the terms and conditions of

service on the basis of degree of ownership, or lack thereof, of

the Alaska natural gas transportation system.

(b) Use within Alaska

The State of Alaska is authorized to ship its royalty gas on the

approved transportation system for use within Alaska and, to the

extent its contracts for the sale of royalty gas so provide, to

withdraw such gas from the interstate market for use within Alaska;

the Federal Power Commission shall issue all authorizations

necessary to effectuate such shipment and withdrawal subject to

review by the Commission only of the justness and reasonableness of

the rate charged for such transportation.

-SOURCE-

(Pub. L. 94-586, Sec. 13, Oct. 22, 1976, 90 Stat. 2915.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to Federal Energy Regulatory

Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and

7293 of Title 42, The Public Health and Welfare.

-CITE-

15 USC Sec. 719l 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719l. Antitrust laws

-STATUTE-

Nothing in this chapter, and no action taken hereunder, shall

imply or effect an amendment to, or exemption from, any provision

of the antitrust laws.

-SOURCE-

(Pub. L. 94-586, Sec. 14, Oct. 22, 1976, 90 Stat. 2915.)

-REFTEXT-

REFERENCES IN TEXT

The antitrust laws, referred to in text, are classified generally

to chapter 1 (Sec. 1 et seq.) of this title.

-CITE-

15 USC Sec. 719m 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719m. Authorization of appropriations

-STATUTE-

There is hereby authorized to be appropriated beginning in fiscal

year 1978 and each fiscal year thereafter, such sums as may be

necessary to carry out the functions of the Federal inspector

appointed by the President with the advice and consent of the

Senate under section 719e of this title.

-SOURCE-

(Pub. L. 94-586, Sec. 15, Oct. 22, 1976, 90 Stat. 2915.)

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

-CITE-

15 USC Sec. 719n 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719n. Separability

-STATUTE-

If any provision of this chapter, or the application thereof, is

held invalid, the remainder of this chapter shall not be affected

thereby.

-SOURCE-

(Pub. L. 94-586, Sec. 16, Oct. 22, 1976, 90 Stat. 2915.)

-CITE-

15 USC Sec. 719o 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION

-HEAD-

Sec. 719o. Civil rights; affirmative action of Federal officers and

agencies; rules: promulgation and enforcement

-STATUTE-

All Federal officers and agencies shall take such affirmative

action as is necessary to assure that no person shall, on the

grounds of race, creed, color, national origin, or sex, be excluded

from receiving, or participating in any activity conducted under,

any certificates, permit, right-of-way, lease, or other

authorization granted or issued pursuant to this chapter. The

appropriate Federal officers and agencies shall promulgate such

rules as are necessary to carry out the purposes of this section

and may enforce this section, and any rules promulgated under this

section through agency and department provisions and rules which

shall be similar to those established and in effect under title VI

of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

-SOURCE-

(Pub. L. 94-586, Sec. 17, Oct. 22, 1976, 90 Stat. 2915.)

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in text, is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the

Civil Rights Act of 1964 is classified to subchapter V (Sec. 2000d

et seq.) of chapter 21 of Title 42, The Public Health and Welfare.

For complete classification of this Act to the Code, see Short

Title note set out under section 2000a of Title 42 and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

Enforcement functions authorized by, and supplemental enforcement

authority created by this chapter with respect to pre-construction,

construction, and initial operation of transportation system for

Canadian and Alaskan natural gas transferred to Federal Inspector,

Office of Federal Inspector for Alaska Natural Gas Transportation

System, until first anniversary of date of initial operation of

Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of

1979, Sec. 102(h)(1), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,

1376, effective July 1, 1979, set out under section 719e of this

title. Office of Federal Inspector for the Alaska Natural Gas

Transportation System abolished and functions and authority vested

in Inspector transferred to Secretary of Energy by section 3012(b)

of Pub. L. 102-486, set out as an Abolition of Office of Federal

Inspector note under section 719e of this title.

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