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[Senate Report 110-178]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 376
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-178

======================================================================

 
               AMEND THE ALASKA NATURAL GAS PIPELINE ACT

                                _______
                                

               September 17, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1089]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1089) to amend the Alaska Natural Gas 
Pipeline Act to allow the Federal Coordinator for Alaska 
Natural Gas Transportation Projects to hire employees more 
efficiently, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. ADMINISTRATION.

  Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720d) 
is amended by adding at the end the following:
  ``(h) Administration.--
          ``(1) Personnel appointments.--
                  ``(A) In general.--The Federal Coordinator may 
                appoint and terminate such personnel as the Federal 
                Coordinator determines to be appropriate.
                  ``(B) Authority of federal coordinator.--Personnel 
                appointed by the Federal Coordinator under subparagraph 
                (A) shall be appointed without regard to the provisions 
                of title 5, United States Code, governing appointments 
                in the competitive service.
          ``(2) Compensation.--
                  ``(A) In general.--Subject to subparagraph (B), 
                personnel appointed by the Federal Coordinator under 
                paragraph (1)(A) shall be paid without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code (relating to 
                classification and General Schedule pay rates).
                  ``(B) Maximum level of compensation.--The rate of pay 
                for personnel appointed by the Federal Coordinator 
                under paragraph (1)(A) shall not exceed the maximum 
                level of rate payable for level III of the Executive 
                Schedule.
                  ``(C) Applicability of section 5941.--Section 5941 of 
                title 5, United States Code, shall apply to personnel 
                appointed by the Federal Coordinator under paragraph 
                (1)(A).
          ``(3) Temporary services.--
                  ``(A) In general.--The Federal Coordinator may 
                procure temporary and intermittent services in 
                accordance with section 3109(b) of title 5, United 
                States Code.
                  ``(B) Maximum level of compensation.--The level of 
                compensation of an individual employed on a temporary 
                or intermittent basis under subparagraph (A) shall not 
                exceed the maximum level of rate payable for level III 
                of the Executive Schedule.
          ``(4) Fees, charges, and commissions.--
                  ``(A) In general.--The Federal Coordinator shall have 
                the authority to establish, change, and abolish 
                reasonable filing and service fees, charges, and 
                commissions, require deposits of payments, and provide 
                refunds as provided to the Secretary of the Interior in 
                section 304 of the Federal Land Policy and Management 
                Act of 1976 (43 U.S.C. 1734), except that the authority 
                shall be with respect to the duties of the Federal 
                Coordinator, as described in this Act.
                  ``(B) Authority of secretary of the interior.--
                Subparagraph (A) shall not affect the authority of the 
                Secretary of the Interior to establish, change, and 
                abolish reasonable filing and service fees, charges, 
                and commissions, require deposits of payments, and 
                provide refunds under section 304 of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1734).
                  ``(C) Use of funds.--The Federal Coordinator is 
                authorized to use, without further appropriation, 
                amounts collected under subparagraph (A) to carry out 
                this section.''.

SEC. 2. CLARIFICATION OF AUTHORITY.

  Section 107(a) of the Alaska Natural Gas Pipeline Act (15 U.S.C. 
720e(a)) is amended by striking paragraph (3) and inserting the 
following:
          ``(3) the validity of any determination, permit, approval, 
        authorization, review, or other related action taken under any 
        provision of law relating to a gas transportation project 
        constructed and operated in accordance with section 103, 
        including--
                  ``(A) subchapter II of chapter 5, and chapter 7, of 
                title 5, United States Code (commonly known as the 
                `Administrative Procedure Act');
                  ``(B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                  ``(C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                  ``(D) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.); and
                  ``(E) the Alaska National Interest Lands Conservation 
                Act (16 U.S.C. 3101 et seq.).''.

                                Purpose

    The purpose of S. 1089 is to amend the Alaska Natural Gas 
Pipeline Act to allow the Federal Coordinator for Alaska 
Natural Gas Transportation Projects to hire employees more 
efficiently.

                          Background and Need

    The Office of the Federal Coordinator for Alaska Natural 
Gas Transportation Projects was authorized by the Alaska 
Natural Gas Pipeline Act (15 U.S.C. 720a-720n). That Act 
provides a process for approval by the Federal Energy 
Regulatory Commission of a natural gas pipeline project that 
would deliver natural gas from Alaska to markets in the lower 
48 states. To encourage construction of the nearly 3,000 mile 
pipeline, the Act includes provisions to reduce the risks of 
regulatory delays or excessive litigation. These include 
expedited and streamlined judicial review, required timelines 
for FERC's issuance of the certificate of public convenience 
and the establishment of the Office of the Federal Coordinator 
(OFC).
    The OFC is currently a small office staffed only by the 
Federal Coordinator. Once a project has been selected the OFC 
will need to hire qualified personnel very quickly. S. 1089 
provides the OFC with the necessary flexibility to do so. The 
Office of the Federal Coordinator is a temporary agency that 
will not be fully staffed until an Alaska natural gas 
transportation project is selected by the State of Alaska and 
will terminate one year after the construction of a project. In 
addition the field of qualified applicants available to the OFC 
will be limited due to the specialized nature of the project. 
For these reasons, it will be useful for the OFC to be able to 
hire and terminate certain staff outside of the regular hiring 
process.
    S. 1089 also allows the Federal Coordinator to impose fees 
for reviewing federal permits related to the pipeline project. 
In addition, S. 1089 expands the expedited judicial review 
provision to include suits filed under the Administrative 
Procedures Act, the Endangered Species Act, the Historic 
Preservation Act, and the Alaska National Interest Lands Act.

                          Legislative History

    Senator Murkowski introduced S. 1089, for herself and 
Senator Stevens, on April 11, 2007. The bill was referred to 
the Committee on Energy and Natural Resources. On May 22, 2007, 
the Subcommittee on Energy conducted a hearing on the measure. 
The Committee on Energy and Natural Resources ordered the bill 
reported with an amendment in the nature of a substitute on 
July 25, 2007.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1089, if amended as 
described herein.

                      Section-by-Section Analysis

    Section 1 amends section 106 of the Alaska Natural Gas 
Pipeline Act (15 U.S.C. 720d) by adding a new subsection (h).
    Paragraph (1) of the new subsection (h) authorizes the 
Federal Coordinator to hire and fire personnel as appropriate 
and without regard to the provisions of title 5 of the United 
States Code governing appointments in the competitive service.
    Paragraph (2) of the new subsection (h) authorizes the 
Federal Coordinator to pay personnel without regard to the 
provisions of title 5 of the United States Code governing 
classification and pay rates, but not in excess of level III of 
the Executive Schedule. Subparagraph (C) of paragraph (2) 
provides that the provisions of title 5 permitting cost of 
living allowances will apply to OFC personnel.
    Paragraph (3) of the new subsection (h) authorizes the 
Federal Coordinator to obtain the temporary services of experts 
or consultants pursuant to existing authority (5 U.S.C. 
3109(b)), and limits the level of compensation paid to 
temporary experts or consultants to the rate payable for level 
III of the Executive Schedule.
    Paragraph (4) of the new subsection (h) authorizes the 
Federal Coordinator to establish reasonable filing and service 
fees and charges and commissions and to require deposits of 
payments and provide refunds, for its services related to 
regulatory coordination, monitoring and oversight of the 
project. This authority is parallel to authority provided to 
the Secretary of the Interior under the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1734).
    Section 2 amends section 170(a) of the Alaska Natural Gas 
Pipeline Act (15 U.S.C. 720e(a) to give the United States Court 
of Appeals for the District of Columbia Circuit original and 
exclusive jurisdiction over additional cases and controversies. 
Under the current section 170(a), the District of Columbia 
circuit has original and exclusive jurisdiction over (1) the 
validity of any final order or action under the Act, (2) the 
constitutionality of any provision of the Act or decision made 
or action taken thereunder, and (3) the adequacy of any 
environmental impact statement relating to an action under the 
Act. Section 2 extends the District of Columbia Circuit's 
original and exclusive jurisdiction to actions taken under any 
provision of law relating to an Alaska natural gas pipeline 
project constructed and operated under the Act, including 
actions brought under the Administrative Procedure Act, the 
Endangered Species Act of 1973, the National Environmental 
Policy Act of 1969, the National Historic Preservation Act, and 
the Alaska National Interest Lands Conservation Act.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                        September 10, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1089, a bill to 
amend the Alaska Natural Gas Pipeline Act to allow the Federal 
Coordinator for Alaska Natural Gas Transportation Projects to 
hire employees more efficiently, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 1089--A bill to amend the Alaska Natural Gas Pipeline Act to allow 
        the Federal Coordinator for Alaska Natural Gas Transportation 
        Projects to hire employees more efficiently, and for other 
        purposes

    The Alaska Natural Gas Pipeline Act, enacted in 1976, 
established a regulatory and administrative framework for 
federal consideration of proposals to build a pipeline to 
transport natural gas from northern Alaska to the continental 
United States. Under that act, the Office of the Federal 
Coordinator for Alaska Natural Gas Transportation Projects is 
responsible for coordinating regulatory activities of several 
federal agencies that have a role in administering such 
proposals.
    S. 1089 would amend current law to provide the coordinator 
with greater flexibility in hiring staff and retaining services 
from consultants and temporary workers. The bill also would 
authorize the coordinator to establish fees that could be 
spent, without further appropriation, for activities authorized 
under current law.
    Based on information from the office of the coordinator, 
CBO estimates that enacting S. 1089 would increase offsetting 
receipts (a credit against direct spending) from fees paid by 
sponsors of proposed projects. The magnitude of such fees could 
vary from less than $500,000 to a few million dollars annually 
over several years, depending on the complexity of proposals 
and the length of time required to administer them. CBO 
expects, however, that any such fees would be mostly spent in 
the same year they are collected; therefore, we estimate that 
any net changes in direct spending under S. 1089 would be 
negligible for each year. S. 1089 would not affect revenues.
    S. 1089 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1089.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1089, as ordered reported.

                        Executive Communications

    The Office of the Federal Coordinator for Alaska Natural 
Gas Transportation Projects provided the views of the 
Administration on May 22, 2007. The testimony is attached.

  Statement of Drue Pearce, Federal Coordinator Office of the Federal 
       Coordinator for Alaska Natural Gas Transportation Projects

    Thank you Mr. Chairman and Committee Members for this 
opportunity to speak before the Subcommittee. The Legislation 
before the Committee has not gone through the Administration's 
formal interagency policy review process, and therefore I will 
be presenting the Administration's preliminary views on the 
bill. However, there are several aspects of the bill that will 
need technical correction or modification to conform to 
policies that apply more generally elsewhere in the government 
and we look forward to working with Committee to address those 
concerns.
    For over thirty years there have been sustained efforts to 
bring Alaska natural gas to the marketplace both in Alaska and 
the 48 contiguous states. This effort is more important than 
ever to help assure adequate natural gas supplies for the 
United States as the country develops a comprehensive energy 
solution to take this great country through the century. 
Technology and conservation will be an ever important part of 
managing our energy needs. However, in the interim, certainty 
of supply is critical. Marketizing the vast Alaskan North Slope 
natural gas resources is an important step in assuring energy 
demand is met.
    Recently, the State of Alaska has taken an important step 
in helping to secure a pipeline to transport natural gas to the 
American people. The State legislature enacted Governor Palin's 
legislation, the Alaska Gasline Inducement Act (AGIA), 
providing inducements, including financial contributions, for 
construction of the pipeline. This is an important complement 
to the inducements provided by the United States in ANGPA and 
previously in the Alaska Natural Gas Transportation Act of 1976 
(ANGTA).
    Despite the fact that efforts have been underway for thirty 
years to encourage private sector construction of a pipeline 
project from Alaska through Canada into upper Midwestern 
markets, timely permitting still remains critical to the 
success of any project of this magnitude. Estimates now place 
the cost of one potential project, a nearly 3,000 mile 
pipeline, at $30 Billion. Regulatory delays or excessive 
litigation can spell certain doom in the effort to bring this 
vast natural gas reserve to domestic markets. First gas will 
not even be shipped until ten years at the earliest after the 
initial private investment. Congress recognized these concerns 
and took several steps to facilitate the permitting process 
including expedited and streamlined judicial review in the 
United States Circuit Court of Appeals for the District of 
Columbia, required timelines for FERC's issuance of the 
certificate of public convenience and establishment of the 
Office of the Federal Coordinator.
    The Office of the Federal Coordinator has a variety of 
responsibilities, including coordination of federal 
participation with the expectation that the federal regulatory 
process will be streamlined and delay eliminated and, in 
coordination with the state of Alaska, responsibility for 
monitoring and oversight of construction. The OFC also is 
vested with authority for implementation of ANGTA authorities, 
for which a right of way has been issued and is subject to 
renewal/expiration in 2010. Other federal agencies also have 
roles. It is anticipated that no fewer than 18 federal agencies 
will participate in the decision process. For instance, the 
Department of Energy is responsible for federal loan guarantee 
implementation and the Federal Energy Regulatory Commission is 
responsible for pipeline (National Environmental Protection Act 
(NEPA) compliance and issuance of the certificate of public 
convenience.
    The OFC currently is a small office permanently staffed 
only by the Federal Coordinator. The Federal Coordinator has 
supplemented OFC staff resources by personnel details from the 
Department of the Interior. The OFC plans to remain a small 
office, with as few as five or six professionals pending 
selection of a project by the state of Alaska. The composition 
of the team necessary for proper functioning of the OFC is 
highly dependent on the nature of the project selected by the 
state of Alaska. Upon project selection, it is crucial that the 
OFC be able to quickly hire personnel from the limited pool of 
individuals with the qualifications necessary to efficiently 
carry out the functions of the OFC. OFC staff will be 
concentrated in Washington D.C. and Alaska.

                         personnel authorities

    This amendment provides the OFC authority to appoint and 
terminate personnel without regard to the provisions of Title 5 
of the United States Code governing appointments in the 
competitive service. The OFC is a temporary agency which 
sunsets one year after construction of a project. The staffing 
levels and employee skill sets will vary depending upon the 
project phases. For instance, the skill sets needed during the 
permitting phase differ substantially from those necessary 
during the construction phase. The office will maintain 
staffing at a core level pending identification of a specific 
project for construction by the state of Alaska. Not until a 
project is identified will it be prudent to more fully staff 
the OFC. Project staff for a pipeline only project may be very 
different from a project composed of a pipeline and 
liquefaction facilities. In addition, there is a limited field 
of qualified applicants available to assist the OFC given the 
specialized nature of the potential projects and the OFC role. 
These limitations combined with the need for timely efforts by 
the OFC make it useful to be able to hire and terminate certain 
staff outside the regular federal hiring process in order to 
remain responsive to project demands. The bill would address 
those concerns with a blanket exemption from standard personnel 
hiring procedures that apply to most other Federal agencies. 
While this type of exemption would be advantageous for hiring 
of certain highly-qualified staff, and is sometimes granted to 
agencies to fill positions with special skills, it is rare for 
an exemption to extend to an entire organization.
    This authority is sometimes used for small agencies, 
especially those with limited roles or fixed life spans. For 
instance, other agencies with this authority include the Denali 
Commission and the Vietnam Memorial Commission.
    This amendment also gives the OFC authority to obtain the 
temporary or intermittent services of experts or consultants 
pursuant to already existing authority contained in 5 U.S.C. 
Sec. 3109(b). This authority allows for the hire of necessary 
staff resources on a temporary or intermittent basis to deal 
with short term staffing, particularly with regard to technical 
matters and short term needs. It is anticipated that a variety 
of technical and professional services will be required on a 
temporary or intermittent basis given the specialized nature of 
the project to be constructed and the OFC functions.
    Personnel hired pursuant to this authority may be 
compensated at a rate not to exceed the maximum rate of basic 
pay authorized for senior-level positions under 5 U.S.C. 
Sec. 5376.

                     cost reimbursement authorities

    Given the regulatory coordination, monitoring and oversight 
role of the OFC, it is appropriate to assess costs to the 
project proponent for these services. This same approach has 
been adopted by the federal government for other projects, such 
as with the Federal Land Policy and Management Act of 1976 
(FLPMA, 43 U.S.C. Sec. 1734). Cost reimbursement authority 
would provide supplemental funds to offset the cost to the 
federal government of the OFC and reduce costs to the federal 
taxpayer.
    We understand that the intention of the amendment is to 
grant the OFC discretion to establish or change reasonable 
filing and service fees, charges and commissions and to allow 
the OFC to require deposits of payments and provide refunds in 
the same manner as currently is authorized for the Secretary of 
the Interior under FLPMA.
    We have concerns, however, that the language as drafted 
would not provide such parallel authority to the OFC but would, 
in fact, result in stripping the similar authority granted to 
the Secretary of the Interior in FLPMA. We have developed 
amended language that will address this issue and will provide 
it to the Committee. Because we do not want to disrupt the 
Department of the Interior's land management program under 
FLPMA, this issue must be addressed.

                                closing

    This concludes my remarks on the proposed amendments to 
ANGPA. To summarize, the Administration has not completed its 
full review of the bill and looks forward to further 
discussions with you and your staff. The preceding comments 
represent the Administration's preliminary views on the bill. 
The Office of the Federal Coordinator is open for business and 
is excited about the prospects for the future of a natural gas 
pipeline to deliver clean natural gas to domestic markets from 
Alaska reserves. The Alaska state legislature has taken a big 
step in assisting by passage of Governor Palin's Alaska Gasline 
Inducement Act. We anticipate that the Governor will select a 
project in early 2008. The Office of the Federal Coordinator 
will play an important role in assuring a timely, safe and 
environmentally friendly project. Thank you for your interest 
in this project so important to our Nation's energy 
infrastructure.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1089, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                  THE ALASKA NATURAL GAS PIPELINE ACT

            Division C of Public Law 108-324--Oct. 13, 2004

15 U.S.C. 720-720n

           *       *       *       *       *       *       *

SEC.106. FEDERAL COORDINATOR.

    (a) Establishment.--There is established, as an independent 
office in the executive branch, the Office of the Federal 
Coordinator for the Alaska Natural Gas Transportation Project.

           *       *       *       *       *       *       *

    (h) Administration.--
          (1) Personnel appointments.--
                  (A) In general.--The Federal Coordinator may 
                appoint and terminate such personnel as the 
                Federal Coordinator determines to be 
                appropriate.
                  (B) Authority of federal coordinator.--
                Personnel appointed by the Federal Coordinator 
                under subparagraph (A) shall be appointed 
                without regard to the provisions of title 5, 
                United States Code, governing appointments in 
                the competitive service.
          (2) Compensation.--
                  (A) In general.--Subject to subparagraph (B), 
                personnel appointed by the Federal Coordinator 
                under paragraph (1)(A) shall be paid without 
                regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of title 5, United 
                States Code (relating to classification and 
                General Schedule pay rates).
                  (B) Maximum level of compensation.--The rate 
                of pay for personnel appointed by the Federal 
                Coordinator under paragraph (1) (A) shall not 
                exceed the maximum level of rate payable for 
                level III of the Executive Schedule.
                  (C) Applicability of section 5941.--Section 
                5941 of title 5, United States Code, shall 
                apply to personnel appointed by the Federal 
                Coordinator under paragraph (1) (A).
          (3) Temporary services.--
                  (A) In general.--The Federal Coordinator may 
                procure temporary and intermittent services in 
                accordance with section 3109(b) of title 5, 
                United States Code.
                  (B) Maximum level of compensation.--The level 
                of compensation of an individual employed on a 
                temporary or intermittent basis under 
                subparagraph (A) shall not exceed the maximum 
                level of rate payable for level III of the 
                Executive Schedule.
          (4) Fees, charges, and commissions.--
                  (A) In general.--The Federal Coordinator 
                shall have the authority to establish, change, 
                and abolish reasonable filing and service fees, 
                charges, and commissions, require deposits of 
                payments, and provide refunds as provided to 
                the Secretary of the Interior in section 304 of 
                the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1734), except that the 
                authority shall be with respect to the duties 
                of the Federal Coordinator, as described in 
                this Act.
                  (B) Authority of secretary of the interior.--
                Subparagraph (A) shall not affect the authority 
                of the Secretary of the Interior to establish, 
                change, and abolish reasonable filing and 
                service fees, charges, and commissions, require 
                deposits of payments, and provide refunds under 
                section 304 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1734).
                  (C) Use of funds.--The Federal Coordinator is 
                authorized to use, without further 
                appropriation, amounts collected under 
                subparagraph (A) to carry out this section.

SEC. 107. JUDICIAL REVIEW.

    (a) Exclusive Jurisdiction.--Except for review by the 
Supreme Court on writ of certiorari, the United States Court of 
Appeals for the District of Columbia Circuit shall have 
original and exclusive jurisdiction to determine--
          (1) the validity of any final order or action 
        (including a failure to act) of any Federal agency or 
        officer under this subtitle; or
          (2) the constitutionality of any provision of this 
        subtitle; or
          [(3) the adequacy of any environmental impact 
        statement prepared under the National Environmental 
        Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with 
        respect to any action under this subtitle.]
          (3) the validity of any determination, permit, 
        approval, authorization, review, or other related 
        action taken under any provision of law relating to a 
        gas transportation project constructed and operated in 
        accordance with section 103, including--
                  (A) Subchapter II of chapter 5, and chapter 
                7, of title 5, United States Code (commonly 
                known as the ``Administrative Procedure Act'');
                  (B) the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.);
                  (C) the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.);
                  (D) the National Historic Preservation Act 
                (16 U.S.C. 470 et seq.); and
                  (E) the Alaska National Interest Lands 
                Conservation Act (16 U.S.C. 3101 et seq.).

                                  
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