15 U.S.C. § 720d — Federal Coordinator

Page 1224 TITLE 15—COMMERCE AND TRADE § 720d § 720d. Federal Coordinator (a) Establishment There is established, as an independent office in the executive branch, the Office of the Fed- eral Coordinator for Alaska Natural Gas Trans- portation Projects. (b) Federal Coordinator (1) Appointment The Office shall be headed by a Federal Co- ordinator for Alaska Natural Gas Transpor- tation Projects, who shall be appointed by the President, by and with the advice and consent of the Senate, to serve a term to last until 1 year following the completion of the project referred to in section 720a of this title. (2) Compensation The Federal Coordinator shall be com- pensated at the rate prescribed for level III of the Executive Schedule (5 U.S.C. 5314). (c) Duties The Federal Coordinator shall be responsible for— (1) coordinating the expeditious discharge of all activities by Federal agencies with respect to an Alaska natural gas transportation project; and (2) ensuring the compliance of Federal agen- cies with the provisions of this chapter. (d) Reviews and actions of other Federal agen- cies (1) Expedited reviews and actions All reviews conducted and actions taken by any Federal agency relating to an Alaska nat- ural gas transportation project authorized under this section shall be expedited, in a manner consistent with completion of the nec- essary reviews and approvals by the deadlines under this chapter. (2) Prohibition of certain terms and conditions No Federal agency may include in any cer- tificate, right-of-way, permit, lease, or other authorization issued to an Alaska natural gas transportation project any term or condition that may be permitted, but is not required, by any applicable law if the Federal Coordinator determines that the term or condition would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of the Alaska natural gas trans- portation project. (3) Prohibition of certain actions Unless required by law, no Federal agency shall add to, amend, or abrogate any certifi- cate, right-of-way, permit, lease, or other au- thorization issued to an Alaska natural gas transportation project if the Federal Coordi- nator determines that the action would pre- vent or impair in any significant respect the expeditious construction and operation, or an expansion, of the Alaska natural gas transpor- tation project. (4) Limitation The Federal Coordinator shall not have au- thority to— (A) override— (i) the implementation or enforcement of regulations issued by the Commission under section 720a of this title; or (ii) an order by the Commission to ex- pand the project under section 720c of this title; or (B) impose any terms, conditions, or re- quirements in addition to those imposed by the Commission or any agency with respect to construction and operation, or an expan- sion of, the project. (e) State coordination (1) In general The Federal Coordinator and the State shall enter into a joint surveillance and monitoring agreement similar to the agreement in effect during construction of the Trans-Alaska Pipe- line, to be approved by the President and the Governor of the State, for the purpose of mon- itoring the construction of the Alaska natural gas transportation project. (2) Primary responsibility With respect to an Alaska natural gas trans- portation project— (A) the Federal Government shall have pri- mary surveillance and monitoring responsi- bility in areas where the Alaska natural gas transportation project crosses Federal land or private land; and (B) the State government shall have pri- mary surveillance and monitoring responsi- bility in areas where the Alaska natural gas transportation project crosses State land. (f) Transfer of Federal Inspector functions and authority On appointment of the Federal Coordinator by the President, all of the functions and authority of the Office of Federal Inspector of Construc- tion for the Alaska Natural Gas Transportation System vested in the Secretary under section 3012(b) of the Energy Policy Act of 1992 (15 U.S.C. 719e note; Public Law 102–486), including all functions and authority described and enu- merated in the Reorganization Plan No. 1 of 1979 (44 Fed. Reg. 33663), Executive Order No. 12142 of June 21, 1979 (44 Fed. Reg. 36927), and section 5 of the President’s decision, shall be transferred to the Federal Coordinator. (g) Temporary authority The functions, authorities, duties, and respon- sibilities of the Federal Coordinator shall be vested in the Secretary until the earlier of the appointment of the Federal Coordinator by the President, or 18 months after October 13, 2004. (h) Administration (1) Personnel appointments (A) In general The Federal Coordinator may appoint and terminate such personnel as the Federal Co- ordinator determines to be appropriate. (B) Authority of Federal Coordinator Personnel appointed by the Federal Coor- dinator under subparagraph (A) shall be ap- pointed without regard to the provisions of title 5 governing appointments in the com- petitive service. Page 1225 TITLE 15—COMMERCE AND TRADE § 720e 1 So in original. Probably should be ‘‘division A of subtitle III of title 54;’’. (2) Compensation (A) In general Subject to subparagraph (B), personnel ap- pointed by the Federal Coordinator under paragraph (1)(A) shall be paid without regard to the provisions of chapter 51 and sub- chapter III of chapter 53 of title 5 (relating to classification and General Schedule pay rates). (B) Maximum level of compensation The rate of pay for personnel appointed by the Federal Coordinator under paragraph (1)(A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule (5 U.S.C. 5314). (C) Allowances Section 5941 of title 5 shall apply to per- sonnel appointed by the Federal Coordinator under paragraph (1)(A). (3) Temporary services (A) In general The Federal Coordinator may procure tem- porary and intermittent services in accord- ance with section 3109(b) of title 5. (B) Maximum level of compensation The level of compensation of an individual employed on a temporary or intermittent basis under subparagraph (A) shall not ex- ceed the maximum level of rate payable for level III of the Executive Schedule (5 U.S.C. 5314). (4) Fees, charges, and commissions (A) In general With respect to the duties of the Federal Coordinator, as described in this chapter, the Federal Coordinator shall have similar authority to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of pay- ments, and provide refunds as provided to the Secretary of the Interior in section 1734 of title 43. (B) Authority of Secretary of the Interior Subparagraph (A) shall not affect the au- thority of the Secretary of the Interior to establish, change, and abolish reasonable fil- ing and service fees, charges, and commis- sions, require deposits of payments, and pro- vide refunds under section 1734 of title 43. (C) Use of funds The Federal Coordinator is authorized to use, without further appropriation, amounts collected under subparagraph (A) to carry out this section. (Pub. L. 108–324, div. C, § 106, Oct. 13, 2004, 118 Stat. 1259; Pub. L. 109–148, div. A, title VIII, § 8128, Dec. 30, 2005, 119 Stat. 2731; Pub. L. 110–140, title VIII, § 802, Dec. 19, 2007, 121 Stat. 1717.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (c)(2) and (d)(1), was in the original ‘‘this division’’, meaning division C of Pub. L. 108–324, Oct. 13, 2004, 118 Stat. 1255, which is classified principally to this chapter. This chapter, re- ferred to in subsec. (h)(4)(A), was in the original ‘‘this Act’’, also meaning division C of Pub. L. 108–324 as pro- vided in section 2 of Pub. L. 108–324, 118 Stat. 1220. For complete classification of division C to the Code, see Short Title note set out under section 720 of this title and Tables. Reorganization Plan No. 1 of 1979, referred to in sub- sec. (f), is set out as a note under section 719e of this title. Executive Order No. 12142, referred to in subsec. (f), is set out as a note under section 719e of this title. AMENDMENTS 2007—Subsec. (h). Pub. L. 110–140 added subsec. (h). 2005—Subsec. (g). Pub. L. 109–148 substituted ‘‘earlier’’ for ‘‘later’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under sec- tion 1824 of Title 2, The Congress. § 720e. Judicial review (a) Exclusive jurisdiction Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine— (1) the validity of any final order or action (including a failure to act) of any Federal agency or officer under this chapter; (2) the constitutionality of any provision of this chapter, or any decision made or action taken under this chapter; or (3) the validity of any determination, per- mit, approval, authorization, review, or other related action taken under any provision of law relating to a gas transportation project constructed and operated in accordance with section 720a of this title, including— (A) subchapter II of chapter 5, and chapter 7, of title 5 (commonly known as the ‘‘Ad- ministrative Procedure Act’’); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (D) chapter 2003 of title 54; 1 and (E) the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.). (b) Deadline for filing claim A claim arising under this chapter may be brought not later than 60 days after the date of the decision or action giving rise to the claim. (c) Expedited consideration The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited con- sideration, taking into account the national in- terest of enhancing national energy security by providing access to the significant gas reserves in Alaska needed to meet the anticipated de- mand for natural gas.