§ 719e. — Presidential decision and report.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC719e]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15C--ALASKA NATURAL GAS TRANSPORTATION
Sec. 719e. Presidential decision and report
(a) Dateline for decision; transmission to Congress, delay: notice to
Congress; contents of decision; chairman, appointment; Federal
inspector of construction: duties, including establishment of
joint surveillance and monitoring agreement
(1) As soon as practicable after July 1, 1977, but not later than
September 1, 1977, the President shall issue a decision as to whether a
transportation 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 recommendation pursuant to
section 719c of this title, the report under section 719c(c) of this
title, and any comments submitted under section 719d of this title; and
his decision to designate 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 additional calendar days
after September 1, 1977, may delay the issuance of his decision and
transmittal thereof to the House of Representatives and the Senate, if
he determines (A) that there exists no environmental impact statement
prepared relative to a system he wishes to consider or that any prepared
environmental impact statement relative to a system he wishes to
consider is legally or factually insufficient, or (B) that the
additional time is otherwise necessary 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 subsection, 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 explanation 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 system designated for
approval;
(B) designate a person to construct and operate such a system,
which person shall be the applicant, if any, which filed for a
certificate of public convenience and necessity to construct 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 purposes 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) require waiver pursuant to section 719f(g) of this title in
order to permit the expeditious construction and initial operation
of the transportation system.
(5) Repealed. Pub. L. 102-486, title XXX, Sec. 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 respect 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 transmitted to both Houses of Congress and shall
be considered received by such Houses for the purposes of this section
on the first day on which both are in session occurring after such
decision is transmitted. Such decision shall be accompanied 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 Commission recommendation.
(c) Financial analysis
The report of the President pursuant to subsection (b) of this
section shall contain a financial analysis for the transportation system
designated 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
recommendation concerning the use of existing Federal financing
authority or the need for new Federal financing authority.
(d) Views and objectives involving intergovernmental and international
cooperation
In making his decision under subsection (a) of this section the
President shall inform himself, through appropriate consultation, of the
views and objectives of the States, the Government of Canada, and other
governments with respect to those aspects of such a decision that may
involve intergovernmental 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 approval 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 identified by the President pursuant to subsection (c)
of this section.
(Pub. L. 94-586, Sec. 7, Oct. 22, 1976, 90 Stat. 2907; Pub. L. 102-486,
title XXX, Sec. 3012(a), Oct. 24, 1992, 106 Stat. 3128.)
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 specified duties and powers of such inspector.
Transfer of Functions
Enforcement functions authorized by, and supplemental enforcement
authority created by this chapter, all functions assigned to the person
or board to be appointed by the President under subsec. (a)(5) of this
section, 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, approved by Congress pursuant to Pub. L. 95-158, set out under
section 719f of this title, with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas transferred to Federal Inspector,
Office of Federal Inspector for Alaska Natural Gas Transportation
System, until first anniversary of date of initial operation of Alaska
Natural Gas Transportation System, see sections 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 subsec. (a)(5) abolished, and
functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102-486, set out below.
Federal Power Commission terminated and functions, personnel,
property, funds, etc., transferred to Secretary of Energy (except for
certain functions transferred to 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
Section 3012(b) of Pub. L. 102-486 provided that: ``The Office of
Federal Inspector of Construction for the Alaska Natural Gas
Transportation 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
Inspector are hereby transferred to the Secretary of Energy.''
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 Senate and House of
Representatives in Congress assembled, April 2, 1979, pursuant to
the provisions of Chapter 9 of Title 5 of the United States Code.
OFFICE OF THE FEDERAL INSPECTOR FOR CONSTRUCTION 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 Federal Inspector for the
Alaska Natural Gas Transportation System
(a) There is hereby established as an independent establishment in
the executive branch, the Office of the Federal Inspector for the Alaska
Natural Gas Transportation 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 Executive Schedule [5 U.S.C. 5314], and who
shall serve at the pleasure of the President.
(c) Each Federal agency having statutory responsibilities over any
aspect of the Alaska Natural Gas Transportation System shall appoint an
Agency Authorized Officer to represent that authority on all matters
pertaining to pre-construction, construction, and initial operation of
the system.
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 enforcement of Federal
statutes or regulations and to enforcement of terms, conditions, and
stipulations of grants, certificates, permits and other authorizations
issued by Federal agencies with respect to pre-construction,
construction, and initial operation of an ``approved transportation
system'' for transport of Canadian natural gas and ``Alaskan natural
gas,'' as such terms are defined in the Alaska Natural Gas
Transportation 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 Inspector exclusive responsibility
for enforcement of all Federal statutes relevant in any manner to pre-
construction, construction, and initial operation. With respect to each
of the statutory authorities cited below, the transferred functions
include all enforcement functions 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 functions, includes monitoring and any
other compliance or oversight activities reasonably related to the
enforcement process. These transferred functions include:
(a) Such enforcement functions of the Administrator or other
appropriate official or entity in the Environmental Protection Agency
related to compliance with: national pollutant discharge elimination
system permits 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 Federal 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 significant
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 Appropriation 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 Natural Gas Pipeline Safety Act of 1968, as amended
(49 U.S.C. 1671, et seq.) and the gas pipeline safety regulations issued
thereunder; the Federal Aviation Act of 1958, as amended (49 U.S.C.
1301, et seq.) and authorizations and regulations issued thereunder; and
permits for bridges across navigable waters, issued under Section 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 Commission, 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 Alberta as
predeliveries of Alaskan gas issued under Section 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 temporary 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 contracts 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 Materials Act of 1947 (30 U.S.C.
601-603); approval to cross national wildlife refuges, National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668jj) and the
Upper Mississippi River Wildlife and Fish Refuge 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 Eagles
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 Control 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); historic
preservation under the National Historic Preservation Act of 1966 as
amended (16 U.S.C. 470-470f); permits issued under the Antiquities Act
of 1906 (16 U.S.C. 432, 433); and system activities 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 Rivers 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 erosion) (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);
(f) Such enforcement functions of the Secretary or other appropriate
officer or entity in the Department of Agriculture, insofar as they
involve lands and programs under the jurisdiction of that Department,
related 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
Sections 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 (16 U.S.C. 432, 433); 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-Sustained-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 Scenic 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.) [16 U.S.C. 460l-4 to 460l-11]; 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 Sanctuaries Act (16 U.S.C. 661 et seq. and 694, 694a-b,
respectively); the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470-470f); an Act to Provide for the Preservation of
Historical and Archeological Data, as amended (16 U.S.C. 469-469c); the
National Environmental 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 [Resources] 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 described 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 Public
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 performance of the Inspector's functions. All other functions
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
stipulations of each grant, permit, or other authorization issued by the
Federal agency which appointed the Agency Authorized Officer. In the
exercise of these enforcement functions, the Agency Authorized Officers
shall be subject to the supervision and direction of the Federal
Inspector, whose decision on enforcement matters shall constitute
``action'' for purposes of Section 10 of the Act (15 U.S.C. 719h).
(b) The Federal Inspector shall be responsible for coordinating the
expeditious discharge of nonenforcement activities by Federal agencies
and coordinating the compliance by all the Federal agencies with Section
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 include 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 information 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 statutory function
vested in such agency related to the functions of the Federal Inspector.
(c) The Federal Inspector and Agency Authorized Officers in
implementing the enforcement authorities herein transferred shall carry
out the enforcement policies and procedures established by the Federal
agencies which nominally administer these authorities, except where the
Federal Inspector determines that such policies 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 Inspector'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 Decision as well as for the
enforcement activities of the Federal Inspector. The Federal Inspector
will consult with the various Federal agencies as to resource
requirements for enforcing their respective permits and other
authorizations in preparing a unified budget for the Office. The budget
shall be reviewed by the Executive Policy Board.
Sec. 203. Subsequent Transfer Provision
(a) Effective upon the first anniversary of the date of initial
operation of the Alaska Natural Gas Transportation 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 effective 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 Budget for the transfers
provided for by subsection (a) of this section, the Office and the
position of Federal Inspector shall, effective on the date of that
order, stand abolished.
Sec. 204. Incidental Transfers
So much of the personnel, property, records and unexpended balances
of appropriations, allocations and other funds employed, used, held,
available, or to be made available in connection with the functions
transferred 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 Management and Budget shall provide, except that no such unexpended
balances transferred shall be used for purposes other than those for
which the appropriation was originally made. The Director of the Office
of Management 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 further 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
provisions 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 to Secretary of Energy, 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
enforcement 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.
The Alaska Gas Transportation System is a 4,748-mile pipeline to be
constructed in partnership with Canada. Canada completed legislation
enacting a similar transfer last year and has already appointed an
official 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 construction costs are $10-$15 billion, to be financed by
private 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 consumers. Construction of a gas pipeline from the
Prudhoe Bay reserves in Alaska through Canada to points in the West and
Midwest United States will provide 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 pipeline 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,
coordinated decisionmaking in pre-construction approval functions and in
enforcing the terms and conditions of the permits, certificates, leases,
and other authorizations to be issued by various Federal agencies. We
must avoid duplicating the delays and cost escalations experienced in
the construction of the Trans-Alaska Pipeline System. The Plan I am
submitting would establish clear responsibility for the efficient
functioning of Federal enforcement activities by assigning the Federal
Inspector 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
enforcement of terms and conditions of the permits and other
authorizations, including those to be issued by the Departments of
Agriculture, Interior, Transportation, and Treasury, and the
Environmental Protection Agency, the Federal Energy Regulatory
Commission, 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 enforcement of the
terms and conditions of these authorizations is transferred to the
Federal Inspector. Transfer of enforcement authority from Federal
agencies to the Federal Inspector is limited in scope to their
participation in this project and in duration to the pre-construction,
construction, and initial operation phases of the project.
The Decision and Report to the Congress recommended an Executive
Policy Board with policy-making and supervisory authority over the
Federal Inspector. I plan to sign an Executive Order upon approval of
this Plan by the Congress which will create an Executive Policy Board
which will be only advisory, but which will enhance communication and
coordinate among Federal agencies and with the Federal Inspector. 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
maximum extent practicable. The Board provides the opportunity for
agencies to contribute to the policy deliberations of the Inspector and
exercises an oversight role to insure that pipeline activities are
carried on within existing regulatory policy. The Board is required 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 authority 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 Inspector 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
anniversary 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, provided:
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 follows:
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); H. Res. 199, 125 Cong. Rec. H 3950-51 (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, Transportation, and the Interior, the
Administrator of the Environmental Protection Agency, the Chief of
Engineers of the United States Army, and the Chairman of the Federal
Energy Regulatory Commission. Additional 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 functions:
(a) Advise the Federal Inspector for the Alaska Natural Gas
Transportation System (the ``Federal Inspector'') established by
Reorganization Plan No. 1 of 1979, on policy issues in accord with
applicable law and existing 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 Authorized 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 informed 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 enforcement 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 determination 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
Federal Inspector shall issue standards of conduct, pursuant to the
Order, for the Office of the Federal Inspector.
1-109. To the extent permitted by law, each Department and Agency
shall cooperate with and furnish necessary 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.
Section Referred to in Other Sections
This section is referred to in sections 719b, 719c, 719f, 719m of
this title.
