Legislación
US (United States) Code. Title 15. Chapter 15C: Alaska natural gas transportation
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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
.
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CHAPTER 15C - ALASKA NATURAL GAS TRANSPORTATION
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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.
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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
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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.)
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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
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Sec. 719a. Congressional statement of purpose
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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
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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.)
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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
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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.
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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
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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
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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.
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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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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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