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(d) EXPEDITED PROCESS.—The Commission shall
issue a draft statement under this section not later than
12 months after the Commission determines the application
to be complete and shall issue the final statement not later
than 6 months after the Commission issues the draft state-
ment, unless the Commission for good cause finds that addi-
tional time is needed.
SEC. 706. PIPELINE EXPANSION.
(a) AUTHORITY.—With respect to any Alaska natural
gas transportation project, upon the request of one or more
persons and after giving notice and an opportunity for a
hearing, the Commission may order the expansion of such
project if it determines that such expansion is required by
the present and future public convenience and necessity.
(b) REQUIREMENTS.—Before ordering an expansion
the Commission shall—
(1) approve or establish rates for the expansion
service that are designed to ensure the recovery, on an
incremental or rolled-in basis, of the cost associated
with the expansion (including a reasonable rate of re-
turn on investment);
(2) ensure that the rates as established do not re-
quire existing shippers on the Alaska natural gas
transportation project to subsidize expansion ship-
pers;
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(3) find that the proposed shipper will comply
with, and the proposed expansion and the expansion
of service will be undertaken and implemented based
on, terms and conditions consistent with the then-ef-
fective tariff of the Alaska natural gas transportation
project;
(4) find that the proposed facilities will not ad-
versely affect the financial or economic viability of the
Alaska natural gas transportation project;
(5) find that the proposed facilities will not ad-
versely affect the overall operations of the Alaska nat-
ural gas transportation project;
(6) find that the proposed facilities will not di-
minish the contract rights of existing shippers to pre-
viously subscribed certificated capacity;
(7) ensure that all necessary environmental re-
views have been completed; and
(8) find that adequate downstream facilities exist
or are expected to exist to deliver incremental Alaska
natural gas to market.
(c) REQUIREMENT
FOR
A FIRM TRANSPORTATION
AGREEMENT.—Any order of the Commission issued pursu-
ant to this section shall be null and void unless the person
or persons requesting the order executes a firm transpor-
tation agreement with the Alaska natural gas transpor-
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tation project within a reasonable period of time as speci-
fied in such order.
(d) LIMITATION.—Nothing in this section shall be con-
strued to expand or otherwise affect any authorities of the
Commission with respect to any natural gas pipeline lo-
cated outside the State of Alaska.
(e) REGULATIONS.—The Commission may issue regu-
lations to carry out the provisions of this section.
SEC. 707. FEDERAL COORDINATOR.
(a) ESTABLISHMENT.—There is established as an inde-
pendent establishment in the executive branch, the Office
of the Federal Coordinator for Alaska Natural Gas Trans-
portation Projects.
(b) THE FEDERAL COORDINATOR.—The Office shall be
headed by a Federal Coordinator for Alaska Natural Gas
Transportation Projects, who shall—
(1) be appointed by the President, by and with
the advice of the Senate,
(2) hold office at the pleasure of the President,
and
(3) be compensated at the rate prescribed for
level III of the Executive Schedule (5 U.S.C. 5314).
(c) DUTIES.—The Federal Coordinator shall be respon-
sible for—
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(1) coordinating the expeditious discharge of all
activities by Federal agencies with respect to an Alas-
ka natural gas transportation project; and
(2) ensuring the compliance of Federal agencies
with the provisions of this subtitle.
(d) REVIEWS
AND ACTIONS
OF OTHER FEDERAL
AGENCIES.—(1) All reviews conducted and actions taken by
any Federal officer or agency relating to an Alaska natural
gas transportation project authorized under this section
shall be expedited, in a manner consistent with completion
of the necessary reviews and approvals by the deadlines set
forth in this subtitle.
(2) No Federal officer or agency shall have the author-
ity to include terms and conditions that are permitted, but
not required, by law on any certificate, right-of-way, per-
mit, lease or other authorization issued to an Alaska nat-
ural gas transportation project if the Federal Coordinator
determines that the terms and conditions would prevent or
impair in any significant respect the expeditious construc-
tion and operation of the project.
(3) Unless required by law, no Federal officer or agen-
cy shall add to, amend, or abrogate any certificate, right-
of-way, permit, lease or other authorization issued to an
Alaska natural gas transportation project if the Federal Co-
ordinator determines that such action would prevent or im-
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pair in any significant respect the expeditious construction
and operation of the project.
(e) STATE COORDINATION.—The Federal Coordinator
shall enter into a Joint Surveillance and Monitoring Agree-
ment, approved by the President and the Governor of Alas-
ka, with the State of Alaska similar to that in effect during
construction of the Trans-Alaska Oil Pipeline to monitor
the construction of the Alaska natural gas transportation
project. The Federal Government shall have primary sur-
veillance and monitoring responsibility where the Alaska
natural gas transportation project crosses Federal lands
and private lands, and the State government shall have pri-
mary surveillance and monitoring responsibility where the
Alaska natural gas transportation project crosses State
lands.
SEC. 708. JUDICIAL REVIEW.
(a) EXCLUSIVE JURISDICTION.—The United States
Court of Appeals for the District of Columbia Circuit shall
have exclusive jurisdiction to determine—
(1) the validity of any final order or action (in-
cluding a failure to act) of any Federal agency or of-
ficer under this subtitle;
(2) the constitutionality of any provision of this
subtitle, or any decision made or action taken there-
under; or
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(3) the adequacy of any environmental impact
statement prepared under the National Environ-
mental Policy Act of 1969 with respect to any action
under this subtitle.
(b) DEADLINE FOR FILING CLAIM.—Claims arising
under this subtitle may be brought not later than 60 days
after the date of the decision or action giving rise to the
claim.
(c) EXPEDITED CONSIDERATION.—The United States
Court of Appeals for the District of Columbia Circuit shall
set any action brought under subsection (a) of this section
for expedited consideration, taking into account the na-
tional interest as described in section 702 of this subtitle.
(d) AMENDMENT TO ANGTA.—Section 10(c) of the
Alaska Gas Transportation Act of 1976 (15 U.S.C. 719h)
is amended by adding the following paragraph:
‘‘(2) EXPEDITED CONSIDERATION.—The United
States Court of Appeals for the District of Columbia
Circuit shall set any action brought under subsection
(a) of this section for expedited consideration, taking
into account the national interest described in section
2 of this Act.’’.
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SEC. 709. STATE JURISDICTION OVER IN-STATE DELIVERY
OF NATURAL GAS.
(a) LOCAL DISTRIBUTION.—Any facility receiving
natural gas from the Alaska natural gas transportation
project for delivery to consumers within the State of Alaska
shall be deemed to be a local distribution facility within
the meaning of section 1(b) of the Natural Gas Act (15
U.S.C. 717), and therefore not subject to the jurisdiction
of the Federal Energy Regulatory Commission.
(b) ADDITIONAL PIPELINES.—Nothing in this subtitle,
except as provided in subsection 704(d), shall preclude or
affect a future gas pipeline that may be constructed to de-
liver natural gas to Fairbanks, Anchorage, Matanuska-
Susitna Valley, or the Kenai peninsula or Valdez or any
other site in the State of Alaska for consumption within
or distribution outside the State of Alaska.
(c) RATE COORDINATION.—Pursuant to the Natural
Gas Act, the Commission shall establish rates for the trans-
portation of natural gas on the Alaska natural gas trans-
portation project. In exercising such authority, the Commis-
sion, pursuant to Section 17(b) of the Natural Gas Act (15
U.S.C. 717p), shall confer with the State of Alaska regard-
ing rates (including rate settlements) applicable to natural
gas transported on and delivered from the Alaska natural
gas transportation project for use within the State of Alas-
ka.
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SEC. 710. LOAN GUARANTEE.
(a) AUTHORITY.—The Secretary of Energy may guar-
antee not more than 80 percent of the principal of any loan
made to the holder of a certificate of public convenience and
necessity issued under section 704(b) of this Act or section
9 of the Alaska Natural Gas Transportation Act of 1976
(15 U.S.C. 719g) for the purpose of constructing an Alaska
natural gas transportation project.
(b) CONDITIONS.—(1) The Secretary of Energy may
not guarantee a loan under this section unless the guarantee
has filed an application for a certificate of public conven-
ience and necessity under section 704(b) of this Act or for
an amended certificate under section 9 of the Alaska Nat-
ural Gas Transportation Act of 1976 (15 U.S.C. 719g) with
the Commission not later than 18 months after the date of
enactment of this subtitle.
(2) A loan guaranteed under this section shall be made
by a financial institution subject to the examination of the
Secretary.
(3) Loan requirements, including term, maximum size,
collateral requirements and other features shall be deter-
mined by the Secretary.
(c) LIMITATION ON AMOUNT.—Commitments to guar-
antee loans may be made by the Secretary of Energy only
to the extent that the total loan principal, any part of which
is guaranteed, will not exceed $10,000,000,000.
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(d) REGULATIONS.—The Secretary of Energy may
issue regulations to carry out the provisions of this section.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary such sums
as may be necessary to cover the cost of loan guarantees,
as defined by section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5)).
SEC. 711. STUDY OF ALTERNATIVE MEANS OF CONSTRUC-
TION.
(a) REQUIREMENT OF STUDY.—If no application for
the issuance of a certificate or amended certificate of public
convenience and necessity authorizing the construction and
operation of an Alaska natural gas transportation project
has been filed with the Commission within 18 months after
the date of enactment of this title, the Secretary of Energy
shall conduct a study of alternative approaches to the con-
struction and operation of the project.
(b) SCOPE OF STUDY.—The study shall consider the
feasibility of establishing a Government corporation to con-
struct an Alaska natural gas transportation project, and
alternative means of providing Federal financing and own-
ership (including alternative combinations of Government
and private corporate ownership) of the project.
(c) CONSULTATION.—In conducting the study, the Sec-
retary of Energy shall consult with the Secretary of the
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Treasury and the Secretary of the Army (acting through
the Commanding General of the Corps of Engineers).
(d) REPORT.—If the Secretary of Energy is required
to conduct a study under subsection (a), he shall submit
a report containing the results of the study, his rec-
ommendations, and any proposals for legislation to imple-
ment his recommendations to the Congress within 6 months
after the expiration of the Secretary of Energy’s authority
to guarantee a loan under section 710.
SEC. 712. CLARIFICATION OF ANGTA STATUS AND AUTHORI-
TIES.
(a) SAVINGS CLAUSE.—Nothing in this subtitle affects
any decision, certificate, permit, right-of-way, lease, or
other authorization issued under section 9 of the Alaska
Natural Gas Transportation Act of 1976 (15 U.S.C. 719g)
or any Presidential findings or waivers issued in accord-
ance with that Act.
(b) CLARIFICATION OF AUTHORITY TO AMEND TERMS
AND CONDITIONS TO MEET CURRENT PROJECT REQUIRE-
MENTS.—Any Federal officer or agency responsible for
granting or issuing any certificate, permit, right-of-way,
lease, or other authorization under section 9 of the Alaska
Natural Gas Transportation Act of 1976 (15 U.S.C. 719g)
may add to, amend, or abrogate any term or condition in-
cluded in such certificate, permit, right-of-way, lease, or
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other authorization to meet current project requirements
(including the physical design, facilities, and tariff speci-
fications), so long as such action does not compel a change
in the basic nature and general route of the Alaska Natural
Gas Transportation System as designated and described in
section 2 of the President’s Decision, or would otherwise
prevent or impair in any significant respect the expeditious
construction and initial operation of such transportation
system.
(c) UPDATED ENVIRONMENTAL REVIEWS.—The Sec-
retary of Energy shall require the sponsor of the Alaska
Natural Gas Transportation System to submit such up-
dated environmental data, reports, permits, and impact
analyses as the Secretary determines are necessary to de-
velop detailed terms, conditions, and compliance plans re-
quired by section 5 of the President’s Decision.
SEC. 713. DEFINITIONS.
For purposes of this subtitle:
(1) The term ‘‘Alaska natural gas’’ means nat-
ural gas derived from the area of the State of Alaska
lying north of 64 degrees North latitude.
(2) The term ‘‘Alaska natural gas transportation
project’’ means any natural gas pipeline system that
carries Alaska natural gas to the border between Alas-
ka and Canada (including related facilities subject to
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the jurisdiction of the Commission) that is authorized
under either—
(A) the Alaska Natural Gas Transportation
Act of 1976 (15 U.S.C. 719–719o); or
(B) section 704 of this subtitle.
(3) The term ‘‘Alaska Natural Gas Transpor-
tation System’’ means the Alaska natural gas trans-
portation project authorized under the Alaska Natural
Gas Transportation Act of 1976 and designated and
described in section 2 of the President’s Decision.
(4) The term ‘‘Commission’’ means the Federal
Energy Regulatory Commission.
(5) The term ‘‘President’s Decision’’ means the
Decision and Report to Congress on the Alaska Nat-
ural Gas Transportation system issued by the Presi-
dent on September 22, 1977 pursuant to section 7 of
the Alaska Natural Gas Transportation Act of 1976
(15 U.S.C. 719c) and approved by Public Law 95–
158.
SEC. 714. SENSE OF THE SENATE.
It is the sense of the Senate that an Alaska natural
gas transportation project will provide significant economic
benefits to the United States and Canada. In order to maxi-
mize those benefits, the Senate urges the sponsors of the
pipeline project to make every effort to use steel that is man-
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ufactured or produced in North America and to negotiate
a project labor agreement to expedite construction of the
pipeline.
SEC. 715. ALASKAN PIPELINE CONSTRUCTION TRAINING
PROGRAM.
(a) Within six months after enactment of this Act, the
Secretary of Labor (in this section referred to as the ‘‘Sec-
retary’’) shall submit a report to the Committee on Energy
and Natural Resources of the United States Senate and the
Committee on Resources of the United States House of Rep-
resentatives setting forth a program to train Alaska resi-
dents in the skills and crafts required in the design, con-
struction, and operation of an Alaska gas pipeline system
and that will enhance employment and contracting oppor-
tunities for Alaskan residents. The report shall also describe
any laws, rules, regulations and policies which act as a de-
terrent to hiring Alaskan residents or contracting with
Alaskan residents to perform work on Alaska gas pipelines,
together with any recommendations for change. For pur-
poses of this subsection, Alaskan residents shall be defined
as those individuals eligible to vote within the State of Alas-
ka on the date of enactment of this Act.
(b) Within 1 year of the date the report is transmitted
to Congress, the Secretary shall establish within the State
of Alaska, at such locations as are appropriate, one or more
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training centers for the express purpose of training Alaskan
residents in the skills and crafts necessary in the design,
construction and operation of gas pipelines in Alaska. Each
such training center shall also train Alaskan residents in
the skills required to write, offer, and monitor contracts in
support of the design, construction, and operation of Alaska
gas pipelines.
(c) In implementing the report and program described
in this subsection, the Secretary shall consult with the Alas-
kan Governor.
(d) There are authorized to be appropriated to the Sec-
retary such sums as may be necessary, but not to exceed
$20,000,000 for the purposes of this subsection.
Subtitle B—Operating Pipelines
SEC. 721. ENVIRONMENTAL REVIEW AND PERMITTING OF
NATURAL GAS PIPELINE PROJECTS.
(a) INTERAGENCY REVIEW.—The Chairman of the
Council on Environmental Quality, in coordination with
the Federal Energy Regulatory Commission, shall establish
an interagency task force to develop an interagency memo-
randum of understanding to expedite the environmental re-
view and permitting of natural gas pipeline projects.
(b) MEMBERSHIP OF INTERAGENCY TASK FORCE.—
The task force shall consist of—
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(1) the Chairman of the Council on Environ-
mental Quality, who shall serve as the Chairman of
the interagency task force,
(2) the Chairman of the Federal Energy Regu-
latory Commission,
(3) the Director of the Bureau of Land Manage-
ment,
(4) the Director of the United States Fish and
Wildlife Service,
(5) the Commanding General, United States
Army Corps of Engineers,
(6) the Chief of the Forest Service,
(7) the Administrator of the Environmental Pro-
tection Agency,
(8) the Chairman of the Advisory Council on
Historic Preservation, and
(9) the heads of such other agencies as the Chair-
man of the Council on Environmental Quality and
the Chairman of the Federal Energy Regulatory Com-
mission deem appropriate.
(c) MEMORANDUM OF UNDERSTANDING.—The agencies
represented by the members of the interagency task force
shall enter into the memorandum of understanding not
later than 1 year after the date of the enactment of this
section.
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Subtitle C—Pipeline Safety
PART I—SHORT TITLE; AMENDMENT OF
TITLE 49
SEC. 741. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED
STATES CODE.
(a) SHORT TITLE.—This subtitle may be cited as the
‘‘Pipeline Safety Improvement Act of 2003’’.
(b) AMENDMENT
OF TITLE 49, UNITED STATES
CODE.—Except as otherwise expressly provided, whenever
in this subtitle an amendment or repeal is expressed in
terms of an amendment to, or a repeal of, a section or other
provision, the reference shall be considered to be made to
a section or other provision of title 49, United States Code.
PART II—PIPELINE SAFETY
IMPROVEMENT ACT OF 2003
SEC. 761. IMPLEMENTATION OF INSPECTOR GENERAL REC-
OMMENDATIONS.
(a) IN GENERAL.—Except as otherwise required by
this subtitle, the Secretary shall implement the safety im-
provement recommendations provided for in the Depart-
ment of Transportation Inspector General’s Report (RT–
2000–069).
(b) REPORTS BY THE SECRETARY.—Not later than 90
days after the date of enactment of this Act, and every 90
days thereafter until each of the recommendations referred
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to in subsection (a) has been implemented, the Secretary
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives a report on the specific actions taken to implement
such recommendations.
(c) REPORTS BY THE INSPECTOR GENERAL.—The In-
spector General shall periodically transmit to the commit-
tees referred to in subsection (b) a report assessing the Sec-
retary’s progress in implementing the recommendations re-
ferred to in subsection (a) and identifying options for the
Secretary to consider in accelerating recommendation im-
plementation.
SEC. 762. NTSB SAFETY RECOMMENDATIONS.
(a) IN GENERAL.—The Secretary of Transportation,
the Administrator of Research and Special Program Ad-
ministration, and the Director of the Office of Pipeline
Safety shall fully comply with section 1135 of title 49,
United States Code, to ensure timely responsiveness to Na-
tional Transportation Safety Board recommendations
about pipeline safety.
(b) PUBLIC AVAILABILITY.—The Secretary, Adminis-
trator, or Director, respectively, shall make a copy of each
recommendation on pipeline safety and response, as de-
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scribed in sections 1135 (a) and (b) of title 49, United
States Code, available to the public at reasonable cost.
(c) REPORTS TO CONGRESS.—The Secretary, Admin-
istrator, or Director, respectively, shall submit to the Con-
gress by January 1 of each year a report containing each
recommendation on pipeline safety made by the Board dur-
ing the prior year and a copy of the response to each such
recommendation.
SEC. 763. QUALIFICATIONS OF PIPELINE PERSONNEL.
(a) QUALIFICATION PLAN.—Each pipeline operator
shall make available to the Secretary of Transportation, or,
in the case of an intrastate pipeline facility operator, the
appropriate State regulatory agency, a plan that is de-
signed to enhance the qualifications of pipeline personnel
and to reduce the likelihood of accidents and injuries. The
plan shall be made available not more than 6 months after
the date of enactment of this Act, and the operator shall
revise or update the plan as appropriate.
(b) REQUIREMENTS.—The enhanced qualification plan
shall include, at a minimum, criteria to demonstrate the
ability of an individual to safely and properly perform
tasks identified under section 60102 of title 49, United
States Code. The plan shall also provide for training and
periodic reexamination of pipeline personnel qualifications
and provide for requalification as appropriate. The Sec-