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43 USC 2006.
mission may prepare and submit to the President a report on the
(2) Nothing in this title shall bar the Attorney General or any other
(e) FILING AND REVIEW OF PERMITS, RIGHTS-OF-War APPLICATIOXS,
(a) PREPARATION or ENVIRONMENTAL IMPACT STATEMENTS.-Any
(b) FILING OF ENVIRONMENTAL IMPACT STATEMENTS.-On or before
(c) REPORT OF THE COUNCIL ON ENVIRONMENTAL Quality.-
(a) Decision CONCERNING APPROVAL OR DISAPPROVAL OF PROPOSED
43 USC 2007.
ble for consideration under this title (including environmental impact statements, comments, reports, recommendations, and other information submitted to him at any time before he makes his decision) and after consulting the Secretaries of Energy, the Interior, and Transportation, the President shall decide which, if any, of such systems shall be approved for the purposes of section 508 (relating to procedures for waiver of law), section 509 (relating to expedited procedures for issuance of permits), section 510 (relating to negotiations with the Government of Canada), and section 511 (relating to judicial review). A decision approving a crude oil transportation system may include such modifications and alterations in such system as the President finds appropriate. The President shall issue his decision within 45 days after receiving recommendations and comments submitted to him under section 505(c), except that the President, for such period as he deems pecessary, but not to exceed 60 days, may delay his decision and its issuance if he determines that additional time is otherwise necessary to enable him to make a decision. If the President so delays his decision, Notification. he shall promptly notify the House of Representatives and the Senate of such delay and shall submit a full explanation of the basis for such delay.
(2) Any decision made under this subsection approving a system proposed under this title shall include a determination that construction and operation of such system is in the national interest and shall be based upon the criteria specified in subsection (b),
(b) CRITERIA.-(1) The criteria for making a decision under this subsection shall include findings of
(4) environmental impacts of the proposed systems and the capability of such systems to minimize environmental risks resulting from transportation of crude oil;
(B) the amount of crude oil available to northern tier States and inland States and the projected demand in those States under each of such systems;
(C) transportation costs and delivered prices of crude oil by region under each of such systems;
(D) construction schedules for each of such systems and possibilities for delay in such schedules;
(E) feasibility of financing for each of such systems; (F) capital and operating costs of cach of such systems, includ. ing an analysis of the reliability of cost estimates and the risk of cost overruns;
(G) net national economic costs and benefits of each such system;
(H) the extent to which each system complies with the provisions of section 410 of the Act approved November 16, 1973 (87 Stat. 594), commonly known as the Trans-Alaska Pipeline Authorization Act;
43 USC 1651 (1) the effect of each such system on international relations, note. including the status and time schedule for any necessary Canadian approvals and plans;
(J) impact upon competition by each system;
(K) degree of safety and efficiency of design and operation of each system;
(L) potential for interruption of deliveries of crude oil from the west coast under each such system;
(M) capacity and cost of expanding such system to transport additional volumes of crude oil in excess of initial system capacity;
(N) national security considerations under each such system;
(0) relationship of each such system to national energy policy; and
(P) such other factors as the President deems appropriate. (2) The period of time for which such findings shall be made shall be the useful life of the crude oil transportation system involved.
(c) PUBLICATION OF FINDINGS AND DECISION.-The President shall make available to the public at the time of issuance of a decision under this section a written statement setting forth findings with respect to cach of the criteria specified in subsection (b) and describing the nature and route of crude oil transportation systems, if any, which are approved in the decision. If the President's decision is to approve a system, each statement shall set forth his reasons for approving such
system over other proposed systems (if any) eligible for consideration Publication in under this title. Such statement along with notification of such deciFederal Register. sion shall be published in the Federal Register. 43 USC 2008. SEC. 508. PROCEDURES FOR WAIVER OF FEDERAL LAW.
(a) WAIVER OF ProvisioXs of FEDERAL LAW.— The President may identify those provisions of Federal law (including any law or laws regarding the location of a crude oil transportation system but not including any provision of the antitrust laws) which, in the national interest, as determined by the President, should be waived in whole or in part to facilitate construction or operation of any such system approved under section 507 or of the Long Beach-Midland project, and he shall submit any such proposed waiver to both Houses of the Congress. The provisions so identified shall be waived with respect to actions to be taken to construct or operate such system or project only upon enactment of a joint resolution within the first period of 60 calendar days of continuous session of Congress beginning on the date of receipt by the House of Representatives and the Senate of such proposal.
(6) Joint RESOLUTIOX.–The resolving clause of the joint resolution referred to in subsection (a) is as follows: "That the House of Representatives and Senate approve the waiver of the provisions of law ( ) as proposed by the President, submitted to the Congress
19 .". The first blank space therein being filled with the citation to the provisions of law proposed to be waived by the President and the second blank space therein being filled with the date on which the President submits his decision to wave such provisions of law to the House of Representatives and the Senate. Rules and procedures for consideration of any such joint resolution
shall be governed by section 8 (c) and (d) of the Alaskan Natural 15 USC 719 Gas Transportation Act, other than paragraph (2) of section 8(d).
except that for the purposes of this subsection, the phrase "a waiver of provisions of law" shall be substituted in section 8(d) each place where the phrase "an Alaska natural gas transportation system”
appears. 43 USC 2009. SEC. 509. EXPEDITED PROCEDURES FOR ISSUANCE OF PERMITS: EN.
FORCEMENT OF RIGHTS-OF-WAY. (a) EXPEDITED PROCEDURES FOR APPROVED SYSTEMS.-- After issuance of a decision by the President approving any crude oil transportation system, all Federal officers and agencies shall expedite, to the maximum extent practicable, consistent with applicable provisions of law, all actions necessary to determine whether to issue, administer, or enforce rights-of-way across Federal lands and to issue Federal permits in connection with, or otherwise to authorize, construction and operation of such system. Any such action shall be
consistent with applicable provisions of law. After taking any such Publication in action, such officer or agency shall publish notification of the iaking Federal Register. of such action in the Federal Register.
(b) EXPEDITED PROCEDU'RES FOR Loxo BEACH-VIDLAND PROJECT.All decisions regarding issuance of Federal permits, rights-of-way. and leases and other Federal authorizations necessary for construction and operation of the Long Beach-Midland project shall be consistent with applicable provisions of Federal law. except that such decisions shall be made within 30 days after the date this title becomes effective. The President may extend the date by which such decisions, under the preceding sentence, are to be made to a date not later than 90 days after the effective date of this title. Notification Publication in of the making of such decisions shall be published in the Federal Federal Register. Register. Nothing in this section affects any decision made before the date of the enactment of this title.
(c) Law GOVERNING Rights-OF-War.-Rights-of-way over any Federal land with respect to an approved crude oil transportation system or the Long Beach-Midland project shall be governed by the prorisions of section 28 of the Act of February 25, 1920, commonly referred to as the Mineral Leasing Act of 1920° (30 U.S.C. 185), other than subsection (w) (2) of such section. SEC. 510. NEGOTIATIONS WITH THE GOVERNMENT OF CANADA. 43 USC 2010.
With respect to any crude oil transportation system approved under section 507(a) all or any part of which is to be located in Canada, the President of the l'nited States is authorized and requested to enter into negotiations with the Government of Canada to determine what measures can be taken to expedite the granting of approvals by the Government of Canada for construction or operation of such system, and he is authorized and requested to explore the possibility of further exchanges of crude oil supplies between the United States and Canada. SEC. 511. JUDICIAL REVIEW.
43 USC 2011. (a) SOTICE..—The President or any other Federal officer shall cause Publication in notice to be published in the Federal Register and in newspapers of Federal Register. general circulation in the areas affected whenever he makes any decision described in subsection (b).
(b) REVIEW OF CERTAIN FEDERAL ACTIOXS.-- Any action secking judicial review of an action or decision of the President or any other Federal officer taken or made after the date of the enactment of this Act concerning the approval or disapproval of a crude oil transportation system or the issuance of necessary rights-of-way, permits, Ieases, and other authorizations for the construction, operation, and maintenance of the Long Beach-Midland project or a cride oil transportation system approved under section 507(a) may only be brought within 60 dars after the date on which notification of the action or decision of such officer is published in the Federal Register, or in newspapers of general circulation in the areas affected, whichever is later.
(c) JURISDICTION OF COURTS.-An action under subsection (b) shall be barred unless a petition is filed within the time specified. Any such petition shall be filed in the appropriate United States district court. A copy of such petition shall be transmitted by the clerk of such court to the Secretary. Votwithstanding the amount in controversy. such court shall have jurisdiction to determine such proceeding in accordance with the procedures hereinafter provided and to provide appropriate relief. Yo State or local cout shall have jurisdiction of any such claim whether in a proceeding instituted before, on, or after the date this title becomes effective. Any such proceeding shall be assigned for
hearing at the earliest possible date and shall be expedited by such
There are authorized to be appropriated to the Secretary of the Interior to carry out his responsibilities under this title not to exceed $500.000 for the fiscal year ending on September 30. 1978, and not to exceed $1,000,000 for the fiscal year ending on September 30, 1979.
43 USC 2012.