43 U.S.C. § 1651 — Congressional findings and declaration

Page 521 TITLE 43—PUBLIC LANDS § 1651 For complete classification of this Act to the Code, see Tables. Act July 28, 1956, referred to in subsec. (b)(2), is act July 28, 1956, ch. 772, 70 Stat. 709. For complete classi- fication of this Act to the Code, see Tables. Section 6(g) of the Alaska Statehood Act, referred to in subsec. (b)(2), is section 6(g) of Pub. L. 85–508, July 7, 1948, 72 Stat. 339, which is set out as a note preceding section 21 of Title 48, Territories and Insular Posses- sions. Act of January 2, 1976 (Public Law 94–204) as amended by the Act of October 4, 1976 (Public Law 94–456), re- ferred to in subsec. (b)(3), is Pub. L. 94–204, Jan. 2, 1976, 89 Stat. 1145, as amended, which enacted sections 1625 to 1627 of this title, amended sections 1615, 1616, 1620, and 1621 of this title, and enacted provisions set out as notes under sections 1604, 1605, 1611, 1613, 1618, and 1625 of this title, as amended by Pub. L. 94–456, Oct. 4, 1976, 90 Stat. 1934, which amended section 1615 of this title and provisions set out as notes under section 1611 of this title. For complete classification of these Acts to the Code, see Tables. This title, referred to in subsec. (d), is title XIV of Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2491, which enacted sections 1639 to 1641 of this title, amended sections 1602, 1606, 1607, 1611, 1613, 1620, and 1621 of this title, enacted provisions set out as notes under sections 1605, 1613, and 1618 of this title, and amended provisions set out as notes under sections 1611 and 1613 of this title. For com- plete classification of title XIV to the Code, see Tables. This Act, referred to in subsec. (d), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371, known as the Alaska National Interest Lands Conservation Act. For complete classi- fication of this Act to the Code, see Short Title note set out under section 3101 of Title 16, Conservation, and Tables. CODIFICATION Section was not enacted as part of title IX of Pub. L. 96–487 which comprises this chapter. § 1642. Land conveyances Solely for the purpose of bringing claims that arise from the discharge of oil, the Congress confirms that all right, title, and interest of the United States in and to the lands validly se- lected pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) by Alaska Native corporations are deemed to have vested in the respective corporations as of March 23, 1989. This section shall take effect with respect to each Alaska Native corporation only upon its irrevocable election to accept an interim con- veyance of such land and notice of such election has been formally transmitted to the Secretary of the Interior. (Pub. L. 96–487, title XIV, § 1438, as added Pub. L. 101–380, title VIII, § 8301, Aug. 18, 1990, 104 Stat. 572.) Editorial Notes REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in text, is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable to incidents occurring after Aug. 18, 1990, see section 1020 of Pub. L. 101–380, set out as a note under section 2701 of Title 33, Navigation and Nav- igable Waters. CHAPTER 34—TRANS-ALASKA PIPELINE Sec. 1651. Congressional findings and declaration. 1652. Authorizations for construction. 1653. Liability for damages. 1654. Antitrust laws. 1655. Roads and airports. 1656. Civil penalties. § 1651. Congressional findings and declaration The Congress finds and declares that: (a) The early development and delivery of oil and gas from Alaska’s North Slope to domestic markets is in the national interest because of growing domestic shortages and increasing de- pendence upon insecure foreign sources. (b) The Department of the Interior and other Federal agencies, have, over a long period of time, conducted extensive studies of the tech- nical aspects and of the environmental, social, and economic impacts of the proposed trans- Alaska oil pipeline, including consideration of a trans-Canada pipeline. (c) The earliest possible construction of a trans-Alaska oil pipeline from the North Slope of Alaska to Port Valdez in that State will make the extensive proven and potential re- serves of low-sulfur oil available for domestic use and will best serve the national interest. (d) A supplemental pipeline to connect the North Slope with a trans-Canada pipeline may be needed later and it should be studied now, but it should not be regarded as an alternative for a trans-Alaska pipeline that does not traverse a foreign country. (Pub. L. 93–153, title II, § 202, Nov. 16, 1973, 87 Stat. 584.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–380, title VIII, § 8001, Aug. 18, 1990, 104 Stat. 564, provided that: ‘‘This title [enacting sections 1642 and 1656 of this title, amending sections 1350 and 1653 of this title and section 3145 of Title 16, Conserva- tion, and enacting provisions set out as notes under this section and section 1653 of this title] may be cited as the ‘Trans-Alaska Pipeline System Reform Act of 1990’.’’ SHORT TITLE Pub. L. 93–153, title II, § 201, Nov. 16, 1973, 87 Stat. 584, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Trans-Alaska Pipeline Authorization Act’.’’ SEPARABILITY Pub. L. 93–153, title IV, § 411, Nov. 16, 1973, 87 Stat. 594, provided that: ‘‘If any provision of this Act [enacting this chapter, section 1456a of this title, and section 3512 of Title 44, Public Printing and Documents, amending section 1608 of this title, sections 45, 46, 53, and 56 of Title 15, Commerce and Trade, section 185 of Title 30, Mineral Lands and Mining, section 3502 of Title 44, and section 391a of former Title 46, Shipping, and enacting provisions set out as notes under sections 1608 and 1651 of this title, section 1904 of Title 12, Banks and Bank- ing, section 45 of Title 15, section 791a of Title 16, Con- servation, and section 1221 of Title 33, Navigation and Navigable Waters] or the applicability thereof is held invalid the remainder of this Act shall not be affected thereby.’’ Page 522 TITLE 43—PUBLIC LANDS § 1652 PRESIDENTIAL TASK FORCE Pub. L. 101–380, title VIII, § 8103, Aug. 18, 1990, 104 Stat. 567, established a Presidential Task Force on the Trans-Alaska Pipeline System, to conduct an audit of the Trans-Alaska Pipeline System and make rec- ommendations to the President, Congress, and the Gov- ernor of Alaska, authorized appropriations for the Task Force, and required it to transmit its final report to the President, Congress, and the Governor no later than 2 years after the date on which funding was made available. NORTH SLOPE CRUDE OIL; REPORT ON EQUITABLE ALLOCATION Pub. L. 94–586, § 18, Oct. 22, 1976, 90 Stat. 2916, directed that the President, within 6 months of Oct. 22, 1976, de- termine special expediting procedures necessary to in- sure the equitable allocation of North Slope crude oil to the Northern Tier States of Washington, Oregon, Idaho, Montana, Illinois, Indiana, and Idaho to carry out the provisions of section 410 of Pub. L. 93–153 [set out below], and to report his findings to Congress, such report to include a statement demonstrating the im- pact that the delivery system would have on reducing the dependency of New England and the Middle Atlan- tic States on foreign oil imports. TRANS-CANADA PIPELINE; NEGOTIATIONS WITH CANADA; FEASIBILITY STUDY Pub. L. 93–153, title III, Nov. 16, 1973, 87 Stat. 588, au- thorized the President to enter into negotiations with the Government of Canada to determine Canadian will- ingness to permit construction of pipelines or other transportation systems across its territory to bring gas and oil from Alaska’s North Slope to the United States; the need for intergovernmental agreements to protect interests of any parties involved with construction, op- eration, and maintenance of such natural gas or oil transportation systems; terms and conditions for con- struction across Canadian territory; desirability of joint studies to insure environmental protection, re- duce regulatory uncertainty, and insure meeting en- ergy requirements; quantity of oil and gas for which Canada would guarantee transit; and acquisition of other energy sources so as to make unnecessary the shipment of oil from the Alaska pipeline by tanker into the Puget Sound area. The President was to report to Congress on actions taken and recommendations for further action. In addition, the Secretary of the Inte- rior was to investigate, and to report to Congress with- in 2 years of Nov. 16, 1973, as to the feasibility of oil or gas pipelines from the North Slope of Alaska to con- nect with a pipeline through Canada that would deliver oil or gas to United States markets. Nothing in title III was to limit the authority of the Secretary or any other Federal official to grant a gas or oil pipeline right-of-way or permit, which that official was other- wise authorized by law to grant. EXCLUSION OF PERSONS FROM TRANS-ALASKA PIPELINE ACTIVITIES ON BASIS OF RACE, CREED, COLOR, NA- TIONAL ORIGIN, OR SEX PROHIBITED Pub. L. 93–153, title IV, § 403, Nov. 16, 1973, 87 Stat. 590, provided that: ‘‘The Secretary of the Interior shall take such affirmative action as he deems necessary to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from receiv- ing, or participating in any activity conducted under, any permit, right-of-way, public land order, or other Federal authorization granted or issued under title II [this chapter]. The Secretary of the Interior shall pro- mulgate such rules as he deems necessary to carry out the purposes of this subsection and may enforce this subsection, and any rules promulgated under this sub- 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 [sec- tion 2000d et seq. of Title 42, The Public Health and Welfare].’’ EQUITABLE ALLOCATION OF NORTH SLOPE CRUDE OIL Pub. L. 93–153, title IV, § 410, Nov. 16, 1973, 87 Stat. 594, provided that: ‘‘The Congress declares that the crude oil on the North Slope of Alaska is an important part of the Nation’s oil resources, and that the benefits of such crude oil should be equitably shared, directly or indirectly, by all regions of the country. The President shall use any authority he may have to insure an equi- table allocation of available North Slope and other crude oil resources and petroleum products among all regions and all of the several States.’’ § 1652. Authorizations for construction (a) Congressional declaration of purpose The purpose of this chapter is to insure that, because of the extensive governmental studies already made of this project and the national in- terest in early delivery of North Slope oil to do- mestic markets, the trans-Alaska oil pipeline be constructed promptly without further adminis- trative or judicial delay or impediment. To ac- complish this purpose it is the intent of the Con- gress to exercise its constitutional powers to the fullest extent in the authorizations and direc- tions herein made and in limiting judicial re- view of the actions taken pursuant thereto. (b) Issuance, administration, and enforcement of rights-of-way, permits, leases, and other au- thorizations The Congress hereby authorizes and directs the Secretary of the Interior and other appro- priate Federal officers and agencies to issue and take all necessary action to administer and en- force rights-of-way, permits, leases, and other authorizations that are necessary for or related to the construction, operation, and maintenance of the trans-Alaska oil pipeline system, includ- ing roads and airstrips, as that system is gen- erally described in the Final Environmental Im- pact Statement issued by the Department of the Interior on March 20, 1972. The route of the pipe- line may be modified by the Secretary to pro- vide during construction greater environmental protection. (c) Applicability of statutes governing rights-of- way for pipelines through Federal lands; other statutory terms and conditions; waiver of procedural requirements; supersedure of administrative authorizations for construc- tion Rights-of-way, permits, leases, and other au- thorizations issued pursuant to this chapter by the Secretary shall be subject to the provisions of section 185 of title 30, as amended by Pub. L. 93–153 (except the provisions of subsections (h)(1), (k), (q), (w)(2), and (x)); all authorizations issued by the Secretary and other Federal offi- cers and agencies pursuant to this chapter shall include the terms and conditions required, and may include the terms and conditions per- mitted, by the provisions of law that would oth- erwise be applicable if this chapter had not been enacted, and they may waive any procedural re- quirements of law or regulation which they deem desirable to waive in order to accomplish the purposes of this chapter. The direction con- tained in subsection (b) shall supersede the pro- visions of any law or regulation relating to an administrative determination as to whether the authorizations for construction of the trans- Alaska oil pipeline shall be issued.