15 U.S.C. § 719g — Transportation system certificates, rights-

Page 1217 TITLE 15—COMMERCE AND TRADE § 719g 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. CONGRESSIONAL APPROVAL OF PRESIDENTIAL REC- OMMENDATIONS FOR WAIVER OF LAW TO PERMIT EX- PEDITIOUS CONSTRUCTION AND INITIAL OPERATION OF SYSTEM Pub. L. 97–93, Dec. 15, 1981, 95 Stat. 1204, provided: ‘‘That the House of Representatives and Senate ap- prove 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 ap- prove 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 com- pliance with the Natural [National] Environmental Policy Act of 1969 [section 4321 et seq. 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. § 719g. Transportation system certificates, rights- of-way, permits, leases, or other authoriza- tions (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 construc- tion and initial operation of the approved trans- portation 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, per- mits, rights-of-way, leases, and other author- izations at the earliest practicable date. (b) Expedition and precedence of actions on ap- plications or requests All actions of a Federal officer or agency with respect to consideration of applications or re- quests for the issuance or grant of a certificate, right-of-way, permit, lease, or other authoriza- tion to which subsection (a) applies shall be ex- pedited and any such application or request shall take precedence over any similar applica- tions or requests of the Federal officer or agen- cy. (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) shall in- clude 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 per- mitted but not required, the Federal officer or agency, notwithstanding any such other provi- sion 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 ap- proved transportation system or those the inclu- sion of which would otherwise prevent or impair in any significant respect the expeditious con- struction and initial operation of such transpor- tation 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 agen- cy add to, amend or abrogate any term or condi- tion included in such certificate, permit, right- of-way, lease, or other authorization except that with respect to any such action which is per- mitted but not required by law, such Federal of- ficer 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 ap- proved transportation system or would other- wise prevent or impair in any significant respect the expeditious construction and initial oper- ation of such transportation system. (e) Appropriate terms and conditions Any Federal officer or agency to which sub- section (a) applies, to the extent permitted under laws administered by such officer or agen- cy, 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 inclu- sion except that the requirement to include such Page 1218 TITLE 15—COMMERCE AND TRADE § 719h terms and conditions shall not limit the Federal officer or agency’s authority under subsection (d) of this section. (Pub. L. 94–586, § 9, Oct. 22, 1976, 90 Stat. 2912.) 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. § 719h. Judicial review (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 chap- ter may be brought not later than the 60th day following the date a decision takes effect pursu- ant 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 statu- tory 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 al- leging 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) Jurisdiction (1) Special Courts (A) In general A claim under subsection (b) 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 Dis- trict of Columbia acting as a Special Court. (B) Exclusive jurisdiction The Special Court shall have exclusive ju- risdiction 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 Co- lumbia, shall have jurisdiction of any such claim in any proceeding instituted prior to or on or after October 22, 1976. (2) Expedited consideration The Special Court shall set any action brought under this section for expedited con- sideration, taking into account the national interest described in section 719 of this title. (3) Environmental impact statements 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 environ- mental impact statements submitted by the President relative to the approved transpor- tation system and no court shall have jurisdic- tion to consider questions respecting the suffi- ciency of such statements under the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]. (Pub. L. 94–586, § 10, Oct. 22, 1976, 90 Stat. 2913; Pub. L. 98–620, title IV, § 402(16), Nov. 8, 1984, 98 Stat. 3358; Pub. L. 108–324, div. C, § 107(d), Oct. 13, 2004, 118 Stat. 1261.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (c)(3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2004—Subsec. (c). Pub. L. 108–324, § 107(d)(1), inserted heading. Subsec. (c)(1). Pub. L. 108–324, § 107(d)(1), (2), des- ignated first sentence as subpar. (A) and inserted par. and subpar. headings and designated last sentence as subpar. (B), inserted subpar. heading, and substituted ‘‘The Special Court shall have’’ for ‘‘Such court shall have’’. Subsec. (c)(2). Pub. L. 108–324, § 107(d)(3), added par. (2). Subsec. (c)(3). Pub. L. 108–324, § 107(d)(4), inserted heading. 1984—Subsec. (c)(2). Pub. L. 98–620 struck out par. (2) which required that any such proceeding had to be as- signed for hearing and completed at the earliest pos- sible 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 expe- dited 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. Statutory Notes and Related Subsidiaries 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. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions authorized by, and supple- mental enforcement authority created by this chapter