15 U.S.C. § 719j — Export limitations

Page 1219 TITLE 15—COMMERCE AND TRADE § 719j 1 See References in Text note below. 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. § 719i. Supplemental enforcement authority (a) Compliance order or civil action In addition to remedies available under other applicable provisions of law, whenever any Fed- eral officer or agency determines that any per- son is in violation of any applicable provision of law administered or enforceable by such officer or agency or any rule, regulation, or order under such provision, including any term or condition of any certificate, right-of-way, permit, lease, or other authorization, issued or granted by such officer or agency, such officer or agency may— (1) issue a compliance order requiring such person to comply with such provision or any rule, regulation, or order thereunder, or (2) bring a civil action in accordance with subsection (c). (b) Specificity of compliance order Any order issued under subsection (a) shall state with reasonable specificity the nature of the violation and a time of compliance, not to exceed 30 days, which the officer or agency, as the case may be, determines is reasonable, tak- ing into account the seriousness of the violation and any good faith efforts to comply with appli- cable requirements. (c) Appropriate relief and jurisdiction of civil ac- tion Upon a request of such officer or agency, as the case may be, the Attorney General may commence a civil action for appropriate relief, including a permanent or temporary injunction or a civil penalty not to exceed $25,000 per day for violations of the compliance order issued under subsection (a). Any action under this sub- section may be brought in any district court of the United States for the district in which the defendant is located, resides, or is doing busi- ness, and such court shall have jurisdiction to restrain such violation, require compliance, or impose such penalty or give ancillary relief. (Pub. L. 94–586, § 11, Oct. 22, 1976, 90 Stat. 2914.) 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. § 719j. Export limitations Any exports of Alaska natural gas shall be subject to the requirements of the Natural Gas Act [15 U.S.C. 717 et seq.] and section 103 1 of the Energy Policy and Conservation Act, except that in addition to the requirements of such Acts, before any Alaska natural gas in excess of 1,000 Mcf per day may be exported to any nation other than Canada or Mexico, the President must make and publish an express finding that such exports will not diminish the total quan- tity or quality nor increase the total price of en- ergy available to the United States. (Pub. L. 94–586, § 12, Oct. 22, 1976, 90 Stat. 2914.) Editorial Notes REFERENCES IN TEXT The Natural Gas Act, referred to in text, is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified gen- erally 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. The Energy Policy and Conservation Act, referred to in text, is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§ 6201 et seq.) of Title 42, The Public Health and Welfare. Sec- tion 103 of the Act was classified to section 6212 of Title 42, prior to repeal by Pub. L. 114–113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6201 of Title 42 and Tables. 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. Page 1220 TITLE 15—COMMERCE AND TRADE § 719k § 719k. Equal access to facilities (a) Ownership in transportation system There shall be included in the terms of any certificate, permit, right-of-way, lease, or other authorization issued or granted pursuant to the directions contained in section 719g of this title, a provision that no person seeking to transport natural gas in the Alaska natural gas transpor- tation system shall be prevented from doing so or be discriminated against in the terms and conditions of service on the basis of degree of ownership, or lack thereof, of the Alaska nat- ural gas transportation system. (b) Use within Alaska The State of Alaska is authorized to ship its royalty gas on the approved transportation sys- tem for use within Alaska and, to the extent its contracts for the sale of royalty gas so provide, to withdraw such gas from the interstate mar- ket for use within Alaska; the Federal Power Commission shall issue all authorizations nec- essary to effectuate such shipment and with- drawal subject to review by the Commission only of the justness and reasonableness of the rate charged for such transportation. (Pub. L. 94–586, § 13, Oct. 22, 1976, 90 Stat. 2915.) 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. § 719l. Antitrust laws Nothing in this chapter, and no action taken hereunder, shall imply or effect an amendment to, or exemption from, any provision of the anti- trust laws. (Pub. L. 94–586, § 14, Oct. 22, 1976, 90 Stat. 2915.) § 719m. Authorization of appropriations There is hereby authorized to be appropriated beginning in fiscal year 1978 and each fiscal year thereafter, such sums as may be necessary to carry out the functions of the Federal inspector appointed by the President with the advice and consent of the Senate under section 719e of this title. (Pub. L. 94–586, § 15, Oct. 22, 1976, 90 Stat. 2915.) 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. § 719n. Separability If any provision of this chapter, or the applica- tion thereof, is held invalid, the remainder of this chapter shall not be affected thereby. (Pub. L. 94–586, § 16, Oct. 22, 1976, 90 Stat. 2915.) § 719o. Civil rights; affirmative action of Federal officers and agencies; rules: promulgation and enforcement All Federal officers and agencies shall take such affirmative action as is necessary to assure that no person shall, on the grounds of race, creed, color, national origin, or sex, be excluded from receiving, or participating in any activity conducted under, any certificates, permit, right- of-way, lease, or other authorization granted or issued pursuant to this chapter. The appropriate Federal officers and agencies shall promulgate such rules as are necessary to carry out the pur- poses of this section and may enforce this sec- tion, and any rules promulgated under this sec- tion through agency and department provisions and rules which shall be similar to those estab- lished and in effect under title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]. (Pub. L. 94–586, § 17, Oct. 22, 1976, 90 Stat. 2915.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to sub- chapter V (§ 2000d et seq.) of chapter 21 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 2000a of Title 42 and Tables. Executive Documents TRANSFER OF FUNCTIONS Enforcement functions authorized by, and supple- mental enforcement authority created by this chapter