15 U.S.C. § 720e — Judicial review

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. Page 1226 TITLE 15—COMMERCE AND TRADE § 720f (Pub. L. 108–324, div. C, § 107, Oct. 13, 2004, 118 Stat. 1261; Pub. L. 111–11, title XIII, § 13003, Mar. 30, 2009, 123 Stat. 1448; Pub. L. 113–287, § 5(c), Dec. 19, 2014, 128 Stat. 3264.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), 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. For complete classification of division C to the Code, see Short Title note set out under section 720 of this title and Tables. The Endangered Species Act of 1973, referred to in subsec. (a)(3)(B), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables. The National Environmental Policy Act of 1969, re- ferred to in subsec. (a)(3)(C), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chap- ter 55 (§ 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. The Alaska National Interest Lands Conservation Act, referred to in subsec. (a)(3)(E), is Pub. L. 96–487, Dec. 2, 1980, 94 Stat. 2371. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 16, Conservation, and Tables. CODIFICATION Section is comprised of section 107 of Pub. L. 108–324. Subsec. (d) of section 107 of Pub. L. 108–324 amended section 719h of this title. AMENDMENTS 2014—Subsec. (a)(3)(D). Pub. L. 113–287, which directed the substitution of ‘‘chapter 2003 of title 54’’ for ‘‘the National Historic Preservation Act (16 U.S.C. 470 et seq.)’’ in section 1072(a)(3)(D) of the Alaska Natural Gas Pipeline Act, was executed to this section, which is sec- tion 107 of the Alaska Natural Gas Pipeline Act, to re- flect the probable intent of Congress. 2009—Subsec. (a)(3). Pub. L. 111–11 added par. (3) and struck out former par. (3) which read as follows: ‘‘the adequacy of any environmental impact statement pre- pared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any action under this chapter.’’ § 720f. State jurisdiction over in-State delivery of natural gas (a) Local distribution Any facility receiving natural gas from an Alaska natural gas transportation project for delivery to consumers within the State— (1) shall be deemed to be a local distribution facility within the meaning of section 1(b) of the Natural Gas Act (15 U.S.C. 717(b)); and (2) shall not be subject to the jurisdiction of the Commission. (b) Additional pipelines Except as provided in section 720a(d) of this title, nothing in this chapter shall preclude or otherwise affect a future natural gas pipeline that may be constructed to deliver natural gas to Fairbanks, Anchorage, Matanuska-Susitna Valley, or the Kenai peninsula or Valdez or any other site in the State for consumption within or distribution outside the State. (c) Rate coordination (1) In general In accordance with the Natural Gas Act [15 U.S.C. 717 et seq.], the Commission shall estab- lish rates for the transportation of natural gas on any Alaska natural gas transportation project. (2) Consultation In carrying out paragraph (1), the Commis- sion, in accordance with section 17(b) of the Natural Gas Act (15 U.S.C. 717p(b)), shall con- sult with the State regarding rates (including rate settlements) applicable to natural gas transported on and delivered from the Alaska natural gas transportation project for use within the State. (Pub. L. 108–324, div. C, § 108, Oct. 13, 2004, 118 Stat. 1261.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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. For complete classification of division C to the Code, see Short Title note set out under section 720 of this title and Tables. The Natural Gas Act, referred to in subsec. (c)(1), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 717w of this title and Tables. § 720g. Study of alternative means of construc- tion (a) Requirement of study If no application for the issuance of a certifi- cate or amended certificate of public conven- ience and necessity authorizing the construction and operation of an Alaska natural gas transpor- tation project has been filed with the Commis- sion by the date that is 18 months after October 13, 2004, the Secretary shall conduct a study of alternative approaches to the construction and operation of such an Alaska natural gas trans- portation project. (b) Scope of study The study under subsection (a) shall take into consideration the feasibility of— (1) establishing a Federal Government cor- poration to construct an Alaska natural gas transportation project; and (2) securing alternative means of providing Federal financing and ownership (including al- ternative combinations of Government and private corporate ownership) of the Alaska natural gas transportation project. (c) Consultation In conducting the study under subsection (a), the Secretary shall consult with the Secretary of the Treasury and the Secretary of the Army (acting through the Chief of Engineers). (d) Report On completion of any study under subsection (a), the Secretary shall submit to Congress a re- port that describes— (1) the results of the study; and