§ 719g. — Transportation system certificates, rightsofway, permits, leases, or other authorizations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC719g]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15C--ALASKA NATURAL GAS TRANSPORTATION
Sec. 719g. Transportation system certificates, rights-of-way,
permits, leases, or other authorizations
(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 construction and initial operation of the approved
transportation 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, permits, rights-of-way, leases, and other
authorizations at the earliest practicable date.
(b) Expedition and precedence of actions on applications or requests
All actions of a Federal officer or agency with respect to
consideration of applications or requests for the issuance or grant of a
certificate, right-of-way, permit, lease, or other authorization to
which subsection (a) of this section applies shall be expedited and any
such application or request shall take precedence over any similar
applications or requests of the Federal officer or agency.
(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) of this
section shall include 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 permitted but not required, the Federal
officer or agency, notwithstanding any such other provision 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 approved
transportation system or those the inclusion of which would otherwise
prevent or impair in any significant respect the expeditious
construction and initial operation of such transportation 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 agency add to, amend or abrogate any
term or condition included in such certificate, permit, right-of-way,
lease, or other authorization except that with respect to any such
action which is permitted but not required by law, such Federal officer
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 approved transportation system or would otherwise
prevent or impair in any significant respect the expeditious
construction and initial operation of such transportation system.
(e) Appropriate terms and conditions
Any Federal officer or agency to which subsection (a) of this
section applies, to the extent permitted under laws administered by such
officer or agency, 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
inclusion except that the requirement to include such terms and
conditions shall not limit the Federal officer or agency's authority
under subsection (d) of this section.
(Pub. L. 94-586, Sec. 9, Oct. 22, 1976, 90 Stat. 2912.)
Transfer of Functions
Enforcement functions authorized by, and supplemental enforcement
authority created by this chapter 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 Reorg. Plan No. 1 of 1979,
Secs. 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. Office
of Federal Inspector for the Alaska Natural Gas Transportation System
abolished and functions and authority 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.
Section Referred to in Other Sections
This section is referred to in sections 719c, 719d, 719e, 719f,
719h, 719k of this title.
