15 U.S.C. § 719e — Presidential decision and report

Page 1210 TITLE 15—COMMERCE AND TRADE § 719e mental impact as the Council considers to be relevant. (Pub. L. 94–586, § 6, Oct. 22, 1976, 90 Stat. 2906.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42, The Public Health and Welfare. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions authorized by, and supple- mental enforcement authority created by this chapter with respect to pre-construction, construction, and ini- tial operation of transportation system for Canadian and Alaskan natural gas transferred to Federal Inspec- tor, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 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. Of- fice of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and au- thority 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. Functions and authority vest- ed in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transpor- tation Projects by section 720d(f) of this title. § 719e. Presidential decision and report (a) Dateline for decision; transmission to Con- gress, delay: notice to Congress; contents of decision; chairman, appointment; Federal in- spector of construction: duties, including es- tablishment of joint surveillance and moni- toring agreement (1) As soon as practicable after July 1, 1977, but not later than September 1, 1977, the Presi- dent shall issue a decision as to whether a trans- portation 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 rec- ommendation pursuant to section 719c of this title, the report under section 719c(c) of this title, and any comments submitted under sec- tion 719d of this title; and his decision to des- ignate 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 addi- tional calendar days after September 1, 1977, may delay the issuance of his decision and transmittal thereof to the House of Representa- tives and the Senate, if he determines (A) that there exists no environmental impact statement prepared relative to a system he wishes to con- sider or that any prepared environmental im- pact statement relative to a system he wishes to consider is legally or factually insufficient, or (B) that the additional time is otherwise nec- essary 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 sub- section, 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 expla- nation 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 sys- tem designated for approval; (B) designate a person to construct and oper- ate such a system, which person shall be the applicant, if any, which filed for a certificate of public convenience and necessity to con- struct 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 pur- poses 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) re- quire waiver pursuant to section 719f(g) of this title in order to permit the expeditious con- struction and initial operation of the trans- portation system. (5) Repealed. Pub. L. 102–486, title XXX, § 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 re- spect 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 trans- mitted to both Houses of Congress and shall be considered received by such Houses for the pur- poses of this section on the first day on which both are in session occurring after such decision Page 1211 TITLE 15—COMMERCE AND TRADE § 719e is transmitted. Such decision shall be accom- panied 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 Com- mission recommendation. (c) Financial analysis The report of the President pursuant to sub- section (b) of this section shall contain a finan- cial analysis for the transportation system des- ignated 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 recommenda- tion concerning the use of existing Federal fi- nancing authority or the need for new Federal financing authority. (d) Views and objectives involving intergovern- mental and international cooperation In making his decision under subsection (a) the President shall inform himself, through ap- propriate consultation, of the views and objec- tives of the States, the Government of Canada, and other governments with respect to those as- pects of such a decision that may involve inter- governmental 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 ap- proval 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 iden- tified by the President pursuant to subsection (c). (Pub. L. 94–586, § 7, Oct. 22, 1976, 90 Stat. 2907; Pub. L. 102–486, title XXX, § 3012(a), Oct. 24, 1992, 106 Stat. 3128.) Editorial Notes 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 speci- fied duties and powers of such inspector. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the 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 Pub. L. 102–486, title XXX, § 3012(b), Oct. 24, 1992, 106 Stat. 3128, provided that: ‘‘The Office of Federal Inspec- tor of Construction for the Alaska Natural Gas Trans- portation 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 In- spector are hereby transferred to the Secretary of En- ergy.’’ [Functions and authority vested in Secretary of En- ergy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by sec- tion 720d(f) of this title.] Executive Documents TRANSFER OF FUNCTIONS Enforcement functions authorized by, and supple- mental enforcement authority created by this chapter, all functions assigned to the person or board to be ap- pointed by the President under subsec. (a)(5) of this sec- tion, 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, ap- proved by Congress pursuant to Pub. L. 95–158, set out under section 719f of this title, with respect to pre-con- struction, construction, and initial operation of trans- portation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal In- spector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see sec- tions 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 sub- sec. (a)(5) abolished, and functions and authority vested in Inspector transferred to Secretary of Energy by sec- tion 3012(b) of Pub. L. 102–486, set out below. Functions and authority vested in Secretary of Energy subse- quently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of this title. 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 Sen- ate and House of Representatives in Congress assem- bled, April 2, 1979, pursuant to the provisions of Chap- ter 9 of Title 5 of the United States Code. OFFICE OF THE FEDERAL INSPECTOR FOR CON- STRUCTION OF THE ALASKA NATURAL GAS TRANSPORTATION SYSTEM PART I. OFFICE OF THE FEDERAL INSPECTOR AND TRANSFER OF FUNCTIONS SECTION 101. ESTABLISHMENT OF THE OFFICE OF FED- ERAL INSPECTOR FOR THE ALASKA NATURAL GAS TRANSPORTATION SYSTEM (a) There is hereby established as an independent es- tablishment in the executive branch, the Office of the Federal Inspector for the Alaska Natural Gas Transpor- tation 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 Execu- tive Schedule [5 U.S.C. 5314], and who shall serve at the pleasure of the President. (c) Each Federal agency having statutory responsibil- ities over any aspect of the Alaska Natural Gas Trans- portation System shall appoint an Agency Authorized Officer to represent that authority on all matters per- taining to pre-construction, construction, and initial operation of the system. Page 1212 TITLE 15—COMMERCE AND TRADE § 719e 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 en- forcement of Federal statutes or regulations and to en- forcement of terms, conditions, and stipulations of grants, certificates, permits and other authorizations issued by Federal agencies with respect to pre-con- struction, construction, and initial operation of an ‘‘ap- proved transportation system’’ for transport of Cana- dian natural gas and ‘‘Alaskan natural gas,’’ as such terms are defined in the Alaska Natural Gas Transpor- tation 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 In- spector exclusive responsibility for enforcement of all Federal statutes relevant in any manner to pre-con- struction, construction, and initial operation. With re- spect to each of the statutory authorities cited below, the transferred functions include all enforcement func- tions 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 func- tions, includes monitoring and any other compliance or oversight activities reasonably related to the enforce- ment process. These transferred functions include: (a) Such enforcement functions of the Administrator or other appropriate official or entity in the Environ- mental Protection Agency related to compliance with: national pollutant discharge elimination system per- mits 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 Fed- eral 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 sig- nificant 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 Appropria- tion 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 Nat- ural Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. 1671, et seq.) and the gas pipeline safety regula- tions issued thereunder; the Federal Aviation Act of 1958, as amended (49 U.S.C. 1301, et seq.) and authoriza- tions and regulations issued thereunder; and permits for bridges across navigable waters, issued under Sec- tion 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 Com- mission, 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 Al- berta as predeliveries of Alaskan gas issued under Sec- tion 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 tem- porary 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 con- tracts 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 Mate- rials Act of 1947 (30 U.S.C. 601–603); approval to cross na- tional wildlife refuges, National Wildlife Refuge Sys- tem Administration Act of 1966 (16 U.S.C. 668dd–668jj) and the Upper Mississippi River Wildlife and Fish Ref- uge 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 Ea- gles 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 Con- trol 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) [see 54 U.S.C. 200301 et seq.]; historic preservation under the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470–470f) [see 54 U.S.C. 300101 et seq.]; permits issued under the Antiquities Act of 1906 ([former] 16 U.S.C. 432, 433) [see 18 U.S.C. 1866(b), 54 U.S.C. 320301(a) to (c), 320302, 320303]; and system activi- ties 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 Riv- ers 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 ero- sion) (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) [see 54 U.S.C. 312501 et seq.]; (f) Such enforcement functions of the Secretary or other appropriate officer or entity in the Department of Agriculture, insofar as they involve lands and pro- grams under the jurisdiction of that Department, re- lated 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 Sec- tions 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 ([former] 16 U.S.C. 432, 433) [see 18 U.S.C. 1866(b), 54 U.S.C. 320301(a) to (c), 320302, 320303]; 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-Sus- tained-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 Sce- nic 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.) [see 54 U.S.C. 200301 et seq.]; 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 Page 1213 TITLE 15—COMMERCE AND TRADE § 719e Sanctuaries Act (16 U.S.C. 661 et seq. and 694, 694a–b, re- spectively); the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470–470f) [see 54 U.S.C. 300101 et seq.]; an Act to Provide for the Preservation of His- torical and Archeological Data, as amended (16 U.S.C. 469–469c) [see 54 U.S.C. 312501 et seq.]; the National En- vironmental 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 [Re- sources] 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 de- scribed 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 Pub- lic 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 per- formance of the Inspector’s functions. All other func- tions 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 stipula- tions of each grant, permit, or other authorization issued by the Federal agency which appointed the Agency Authorized Officer. In the exercise of these en- forcement functions, the Agency Authorized Officers shall be subject to the supervision and direction of the Federal Inspector, whose decision on enforcement mat- ters shall constitute ‘‘action’’ for purposes of Section 10 of the Act (15 U.S.C. 719h). (b) The Federal Inspector shall be responsible for co- ordinating the expeditious discharge of nonenforce- ment activities by Federal agencies and coordinating the compliance by all the Federal agencies with Sec- tion 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 in- clude 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 informa- tion 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 stat- utory function vested in such agency related to the functions of the Federal Inspector. (c) The Federal Inspector and Agency Authorized Of- ficers in implementing the enforcement authorities herein transferred shall carry out the enforcement poli- cies and procedures established by the Federal agencies which nominally administer these authorities, except where the Federal Inspector determines that such poli- cies 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 In- spector’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 De- cision as well as for the enforcement activities of the Federal Inspector. The Federal Inspector will consult with the various Federal agencies as to resource re- quirements for enforcing their respective permits and other authorizations in preparing a unified budget for the Office. The budget shall be reviewed by the Execu- tive Policy Board. SEC. 203. SUBSEQUENT TRANSFER PROVISION (a) Effective upon the first anniversary of the date of initial operation of the Alaska Natural Gas Transpor- tation 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 effec- tive 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 Budg- et for the transfers provided for by subsection (a) of this section, the Office and the position of Federal In- spector shall, effective on the date of that order, stand abolished. SEC. 204. INCIDENTAL TRANSFERS So much of the personnel, property, records and un- expended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions trans- ferred 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 Man- agement and Budget shall provide, except that no such unexpended balances transferred shall be used for pur- poses other than those for which the appropriation was originally made. The Director of the Office of Manage- ment 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 fur- ther 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 provi- sions 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, 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 en- forcement 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. Page 1214 TITLE 15—COMMERCE AND TRADE § 719e The Alaska Gas Transportation System is a 4,748- mile pipeline to be constructed in partnership with Canada. Canada completed legislation enacting a simi- lar transfer last year and has already appointed an offi- cial 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 con- struction costs are $10–$15 billion, to be financed by pri- vate 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 con- sumers. Construction of a gas pipeline from the Prudhoe Bay reserves in Alaska through Canada to points in the West and Midwest United States will pro- vide 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 pipe- line 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, co- ordinated decisionmaking in pre-construction approval functions and in enforcing the terms and conditions of the permits, certificates, leases, and other authoriza- tions to be issued by various Federal agencies. We must avoid duplicating the delays and cost escalations expe- rienced in the construction of the Trans-Alaska Pipe- line System. The Plan I am submitting would establish clear responsibility for the efficient functioning of Fed- eral enforcement activities by assigning the Federal In- spector 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 en- forcement of terms and conditions of the permits and other authorizations, including those to be issued by the Departments of Agriculture, Interior, Transpor- tation, and Treasury, and the Environmental Protec- tion Agency, the Federal Energy Regulatory Commis- sion, 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 enforce- ment of the terms and conditions of these authoriza- tions is transferred to the Federal Inspector. Transfer of enforcement authority from Federal agencies to the Federal Inspector is limited in scope to their participa- tion in this project and in duration to the pre-construc- tion, construction, and initial operation phases of the project. The Decision and Report to the Congress rec- ommended an Executive Policy Board with policy-mak- ing and supervisory authority over the Federal Inspec- tor. I plan to sign an Executive Order upon approval of this Plan by the Congress which will create an Execu- tive Policy Board which will be only advisory, but which will enhance communication and coordinate among Federal agencies and with the Federal Inspec- tor. 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 max- imum extent practicable. The Board provides the op- portunity for agencies to contribute to the policy delib- erations of the Inspector and exercises an oversight role to insure that pipeline activities are carried on within existing regulatory policy. The Board is re- quired 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 au- thority 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 In- spector 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 anni- versary date after the pipeline becomes operational. JIMMY CARTER. THE WHITE HOUSE, April 2, 1979. EX. ORD. NO. 12142. ALASKA NATURAL GAS TRANSPORTATION SYSTEM Ex. Ord. No. 12142, June 21, 1979, 44 F.R. 36927, pro- vided: 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 fol- lows: 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) [Cong. Rec., vol. 125, pt. 10, pp. 12413–12414, May 23, 1979]; H. Res. 199, 125 Cong. Rec. H 3950–51 (May 31, 1979) [Cong. Rec., vol. 125, pt. 10, pp. 13052–13053, 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, Trans- portation, and the Interior, the Administrator of the Environmental Protection Agency, the Chief of Engi- neers of the United States Army, and the Chairman of the Federal Energy Regulatory Commission. Addi- tional 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 func- tions: (a) Advise the Federal Inspector for the Alaska Nat- ural Gas Transportation System (the ‘‘Federal Inspec- tor’’) established by Reorganization Plan No. 1 of 1979, on policy issues in accord with applicable law and ex- isting 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 Au- thorized 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 in- formed 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 en- forcement 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 deter- Page 1215 TITLE 15—COMMERCE AND TRADE § 719f 1 So in original. Probably should be ‘‘National’’. mination 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 Fed- eral Inspector shall issue standards of conduct, pursu- ant to the Order, for the Office of the Federal Inspec- tor. 1–109. To the extent permitted by law, each Depart- ment and Agency shall cooperate with and furnish nec- essary 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. § 719f. Congressional review (a) Effectiveness of decision designating trans- portation system for approval upon enact- ment of joint resolution Any decision under section 719e(a) of this title or subsection (b) 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 pro- posal; transmittal to Congress If the Congress does not enact such a joint res- olution 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 pro- posal. The new decision shall be submitted in ac- cordance 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 sub- section (a) of this section. In the event that a resolution respecting the President’s decision was defeated by vote of either House, no new de- cision may be transmitted pursuant to this sub- section 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 bro- ken 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 limita- tion; 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 super- sedes other rules only to the extent that it is inconsistent therewith; and (B) with full recognition of the constitu- tional right of either House to change the rules (so far as those rules relate to the proce- dure 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 ‘‘res- olution’’ means (A) a joint resolution, the re- solving 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 Con- gress on lllll, 19 , and find that any envi- ronmental impact statements prepared relative to such system and submitted with the Presi- dent’s decision are in compliance with the Nat- ural 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). (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 com- mittees) 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 com- mittee from further consideration of such reso- lution or to discharge such committee from con- sideration of any other resolution with respect to such Presidential decision on an Alaska nat- ural 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 resolu- tion with respect to the same Presidential deci- sion on an Alaska natural gas transportation system), and debate thereon shall be limited to not more than 1 hour, to be divided equally be- tween those favoring and those opposing the res- olution. 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