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CRUDE OIL TRANSPORTATION SYSTEMS

CRUDE OIL TRANSPORTATION SYSTEMS

[Title V of Public Law 95–617; 92 Stat. 3157]

43 USC 2001.

TITLE V-CRUDE OIL TRANSPORTATION

SYSTEMS
SEC 501. FINDINGS
The Congress finds and declares that-

(1) a serious crude oil supply shortage may soon exist in portions of the United States;

(2) a large surplus of crude oil on the west coast of the United States is projected;

(3) any substantial curtailment of Canadian crude oil exports to the United States could create a serere crude oil shortage in the northern tier States;

(*) pending the authorization and completion of west-to-east crude oil delivery systems, Alaskan crude oil in excess of west coast needs will be transshipped through the Panama Canal at a high transportation cost;

(5) national security and regional supply requirements may be such that west-to-east crude delivery systems serving both the northern tier States and inland States, consistent with the requirements of section 410 of the Act approved November 16, 1973 (87 Suat. 594), commonly known as the Trans-Alaska Pipeline Authir. ization Act, are needed;

(6) expeditious Federal and State decisions for west-to-east crude oil delivery systems are of the utmost priority; and

(7) resolution of the west coast crude oil surplus and the need for crude oil in northern tier States and inland States require the assignment and coordination of overall responsibility within the executive branch to permit expedited action on all necessary envi.' ronmental assessments and decisions on permit applications con•

cerning delivery systems. SEC. 502 STATEMENT OF PURPOSES. The purposes of this title are— (1) to provide a means for

(4) selecting delivery systems to transport Alaskan and other crude oil to northern tier States and inland States, and

43 USC 1651 pole.

43 USC 2002. and

43 USC 2003.

(B) resolving both the west coast crude oil surplus and the crude oil supply problems in the northern tier States; (2) to provide an expedited procedure for acting on applica. tions for all Federal permits, licenses, and approvals required for the construction and operation or any transportation system approved under this title and the Long Beach-Midland project;

(3) to assure that Federal decisions with respect to crude oil transportation systems are coordinated with State decisions to the

maximuin extent practicable.
SEC. 503. DEFINITIONS.
As used in this title-

(1) The term “northern tier States” means the States of Wash. ington, Oregon, Idaho, Montana, North Dakota, Minnesota, Michi. gan, Wisconsin, Illinois, Indiana, and Ohio.

(2) The term “inland States” means those States in the United States other than northern tier States and the States of California, Alaska, and Hawaii.

(3) The term “crude oil transportation system” means a crude oil delivery system (including the location of such system) for transporting Alaskan and other crude oil to northern tier States and inland States, but such term does not include the Long BeachMidland project.

(4) The term “Long Beach-Midland project" means the crude oil delivery system which was the subject of, and is generally described in, the “Final Environmental Impact Statement, Crude Oil Transportation System: Valdez, Alaska, to Midland, Texas (as proposed by Sohio Transportation Company)”, the avail. ability of which was announced by the Department of the Interior in the Federal Register on June 1, 1977 (42 Fed. Reg. 28008).

(5) The term "Federal agency” means an Executive agency, as

defined in section 105 of title 5, United States Code. SEC. 504. APPLICATIONS FOR APPROVAL OF PROPOSED CRUDE OIL

TRANSPORTATION SYSTEMS. The following applications for construction and operation of a crude oil transportation system submitted to the Secretary of the Interior by an applicant are eligible for consideration under this title:

(i) Applications received by the Secretary before the 30th day after the date of the enactment of this Act.

(2) Applications received by the Secretary during the 60-day period beginning on the 30th day after the date of the enactment of this Act, if the Secretary determines that consideration and review of the proposal contained in such application is in the national interest and that such consideration and review could

be completed within the time limits established under this title. An application under this section may be accepted by the Secretary only if it contains a general description of the route of the proposed system and identification of the applicant and any other person who, at the time of filing, has a financial or other interest in the system or is a party to an agreement under which such person would acquire a financial or other interest in the system. SEC. 505. REVIEW SCHEDULE.

(a) ESTABLISHMENT.-The Secretary of the Interior, after consul. tation with the heads of appropriate Federal agencies, shall establish an expedited schedule for conducting reviews and making recommendations concerning crude oil transportation systems proposed in

43 USC 2004.

43 USC 2005.

spplications filed under section 504 and for obtaining information necessary for environmental impact statements required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) with respect to such proposed systems.

(b) ADDITIONAL INFORMATION.- (1) On his own initiative or at the request of the head of any Federal agency covered by the review schedule established under subsection (a), the Secretary of the Interior shall require that an applicant provide such additional information as may be necessary to conduct the reriew of the applicant's proposal. Such information may include

(A) specific details of the route (and alternative routes) and identification of Federal lands affected by any such route;

(B) information necessary for environmental impact statements; and

(C) information necessary for the President's determination under section 507(a). (2) If, within a reasonable time, an applicant does not

(A) provide information required under this subsection, or (B) comply with any requirement of section 304 of the Federal Land Policy and Olanagement Act of 1976 (90 Stat. 2765;

43 U.S.C. 1734), the Secretary of the Interior may declare the application ineligible for consideration under this title. After making such a declaration, the Notification to Secretary of the Interior shall notify the applicant and the President the President. of such ineligibility.

(c) RECOMMENDATIONS OF THE HEADS OF FEDERAL AGENCIES.—(1) Crude oil Pursuant to the schedule established under subsection (a), heads of transportation Federal agencies covered by such schedule shall conduct a review of a system, review. proposed crude oil transportation system eligible for consideration under this title and shall submit their recommendations concerning such systems (and the basis for such recommendations) to the Secretary of the Interior for submission to the President. After receipt of such recommendations and before their submission to the President, the Secretary of the Interior shall provide an opportunity for comments in accordance with paragraph (2). The Secretary of the Interior shall forward such comments to the President with the recommendations

(A) in the case of applications filed under section 504(1), on or before December 1, 1978, and

(B) in the case of applications filed under section 504(2), on or before the 60th day after December 1, 1978. (2)(A) After receipt of recommendations under paragraph (1) the Secretary of the Interior shall provide appropriate means by which the Governor and any other official of any State and any official of any political subdivision of a State, may submit written comments concerning proposed crude oil transportation systems eligible for consideration under this title.

(B) After receipt of recommendations referred to in subparagraph (A), the Secretary of the Interior shall make such comments and recommendations available to the public and provide an opportunity for submission of written comments.

(d) REVIEW BY THE FEDERAL TRADE COMMISSION; EFFECT ON THE ANTITRUST LAWS.-(1) Promptly after he receives an application for a proposed crude oil transportation system eligible for consideration under this title, the Secretary of the Interior shall submit to the Federal Trade Commission a copy of such application and such other information as the Commission may reasonably require. The Com- Report to

President

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