An Act to expedite a decision on the delivery of Alaskan natural gas to United States markets, and for other purposes.
PL 94-586 (S.3521), enacted 10/22/1976

PUBLIC LAW 94-586—OCT. 22, 1976 
90 STAT. 29()3 
Public Law 94-586 
94th Congress 
An Act 
To expedite a decision on the delivery of Alaska natural gas to United States 
markets, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of Atnerlca in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Alaska Natural Gas 
Transportation Act of 1976". 
CONGRESSIONAL FINDINGS 
SEC. 2. The Congress finds and declares that— 
(1) a natural gas supply shortage exists in the contiguous 
States of the United States; 
(2) large reserves of natural gas in the State of Alaska could 
help significantly to alleviate this supply shortage; 
(3) the expeditious construction of a viable natural gas trans-
portation system for delivery of Alaska natural gas to United 
States markets is in the national interest; and 
(4) the determinations whether to authorize a transportation 
system for delivery of Alaska natural gas to the contiguous States 
and, if so, which system to select, involve questions of the utmost 
importance respecting national energy policy, international rela-
tions, national security, and economic and environmental impact, 
and therefore should appropriately be addressed by the Congress 
and the President in addition to those Federal officers and agencies 
assigned functions under law pertaining to the selection, construc-
tion, and initial operation'of such a system. 
STATEMENT OF PURPOSE 
SEC. 3. The purpose of this Act is to provide the means for making 
a sound decision as to the selection of a transportation system for 
delivery of Alaska natural gas to the contiguous States for construc-
tion and initial operation by providing for the participation of the 
President and the Congress in the selection process, and, if such a 
system is approved under this Act, to expedite its construction and 
initial operation by (1) limiting the jurisdiction of the courts to 
review the actions of Federal officers or agencies taken pursuant to 
the direction and authority of this Act, and (2) permitting the limi-
tation of administrative procedures and effecting the limitation of 
judicial procedures related to such actions. To accomplish this purpose 
it is the intent of the Congress to exercise its constitutional powers 
to the fullest extent in the authorizations and directions herein made, 
and particularly with respect to the limitation of judicial review of 
actions of Federal officers or agencies taken pursuant thereto. 
Oct. 22, 1976 
[S. 3521] 
Alaska Natural 
Gas 
Transportation 
Act of 1976. 
15 u s e 719 note. 
15 u s e 719. 
15 u s e 719a. 
90 STAT. 2904 
PUBLIC LAW 94-586—OCT. 22, 1976 
DEFINITIONS 
% ; 
j f 
15 use 719b. 
SEC. 4. As used in this Act: 
(1) the term "Alaska natural gas" means natural gas derived 
from the area of the State of Alaska generally known as the 
North Slope of Alaska, including the Continental Shelf thereof; 
(2) 
the term "Commission" means the Federal Power 
Commission; 
(3) the term "Secretary" means the Secretary of the Interior; 
(4) the term "provision of law" means any provision of a 
Federal statute or rule, regulation, or order issued thereunder; 
and 
(5) the term "approved transportation system" means the 
system for the transportation of Alaska natural gas designated 
by the President pursuant to section 7(a) or 8(b) and approved 
by joint resolution of the Congress pursuant to section 8. 
Proceedings, 
suspension. 
15 u s e 719c. 
15 u s e 717w. 
Recommendfl-
tion, submittal 
to President. 
FEDERAL POWER COMMISSION REVIEWS AND REPORTS 
SEC. 5. (a) (1) Notwithstanding any provision of the Natural Gas 
Act or any other provision of law, the Commission shall suspend all 
proceedings pending before the Commission on the date of enactment 
of this Act relating to a system for the transportation of Alaska natu-
ral gas as soon as the Commission determines to be practicable after 
such date, and the Commission may refuse to act on any application, 
amendment thereto, or other requests for action under the Natural 
Gas Act relating to a system for the transportation of Alaska natural 
gas until such time as (A) a decision of the President designating 
such a system for approval takes effect pursuant to section 8, (B) no 
such decision takes effect pursuant to section 8, or (C) the President 
decides not to designate such a system for approval under section 8 
and so advises the Congress pursuant to section 7. 
(2) In the event a decision of the President designating such a 
system takes effect pursuant to this Act, the Commission shall forth-
with vacate proceedings suspended under paragraph (1) and, pursu-
ant to section 9 and in accordance with the President's decision, issue 
a certificate of public convenience and necessity respecting such 
system. 
(3) In the event such a decision of the President does not take effect 
pursuant to this Act or the President decides not to designate such a 
system and so advises the Congress pursuant to section 7, the suspen-
sion provided for in paragraph (1) of this subsection shall be removed. 
(b) (1) The Commission shall review all applications for the issu-
ance of a certificate of public convenience and necessity relating to 
the transportation of Alaska natural gas pending on the date of 
enactment of this Act, and any amendments thereto which are timely 
made, and after consideration of any alternative transportation 
system which the Commission determines to be reasonable, submit 
to the President not later than May 1, 1977, a recommendation con-
cerning the selection of such a transportation system. Such recom-
mendation may be in the form of a proposed certificate of public 
convenience and necessity, or in such other form as the Commission 
determines to be appropriate, or may recommend that no decision 
respecting the selection of such a transportation system be made at 
this time or pursuant to this Act. Any recommendation that the Presi-
dent approve a particular transportation system shall (A) include 
a description of the nature and route of the system, (B) designate 
PUBLIC LAW 94-586—OCT. 22, 1976 
90 STAT. 2905 
a person to construct and operate the system, which person shall be 
the applicant, if any, which filed for a certificate of public conven-
ience and necessity to construct and operate such system, (C) if such 
recommendation is for an all-land pipeline transportation system, or 
a transportation system involving water transportation, include pro-
vision for new facilities to the extent necessary to assure direct pipe-
line delivery of Alaska natural gas contemporaneously to points both 
east and west of the Rocky Mountains in the lower continental 
United States. 
(2) The Commission may, by rule, provide for the presentation of Rule, 
data, views, and arguments before the Commission or a delegate of 
the Commission pursuant to such procedures as the Commission deter-
mines to be appropriate to carry out its responsibilities under para-
graph (1) of this subsection. Such a rule shall, to the extent 
determined by the Commission, apply, notwithstanding any provision 
of law that would otherwise have applied to the presentation of data, 
views, and arguments. 
(3) The Commission may request such information and assistance Cooperation, 
from any Federal agency as the Commission determines to be neces-
sary or appropriate to carry out its i-esponsibilities under this Act. 
Any Federal agency requested to submit information or provide 
assistance shall submit such information to the Commission at the 
earliest practicable time after receipt of a Commission request. 
(c) The Commission shall accompany any recommendation under Report, public 
subsection (b) (1) with a report, which shall be available to the public, availability, 
explaining the basis for such recommendation and including for each 
transportation system reviewed or considered a discussion of the 
following: 
(1) for each year of the 20-year period which begins with the 
first year following the date of enactment of this Act, the 
estimated— 
(A) volumes of Alaska natural gas which would be avail-
able to each region of the United States directly, or indi-
rectly by displacement or otherwise, and 
(B) transportation costs and delivered prices of any such 
volumes of gas by region; 
(2) the effects of each of the factors described in subparagraphs 
(A) and (B) of paragraph (1) on the projected natural gas 
supply and demand for each region of the United States and on 
the projected supplies of alternative fuels available by region to 
offset shortages of natural gas occurring in such region for each 
such year; 
(3) the impact upon competition; 
(4) the extent to which the system provides a means for the 
transportation to United States markets of natural resources or 
other commodities from sources in addition to the Prudhoe Bay 
Reserve; 
(5) environmental impacts; 
(6) safety and efficiency in design and operation and potential 
for interruption in deliveries of Alaska natural gas; 
(7) construction schedules and possibilities for delay in such 
schedules or for delay occurring as a result of other factors; 
(8) feasibility of financing; 
(9) extent of reserves, both proven and probable and their 
deliverability by year for each year of the 20-year period which 
90 STAT. 2906 
PUBLIC LAW 94-586—OCT. 22, 1976 
Transportation 
system 
recommendation, 
submittal to 
President. 
15 u s e 717w. 
Environmental 
impact statement, 
submittal to 
President. 
begins with the first year following the date of enactment of this 
Act; 
(10) the estimate of the total delivered cost to users of the 
natural gas to be transported by the system by year for each year 
of the 20-year period which begins with the first year following 
the date of enactment of this Act; 
(11) capability and cost of expanding the system to transport 
additional volumes of natural gas in excess of initial system 
capacity; 
(12) an estimate of the capital and operating costs, including 
an analysis of the reliability of such estimates and the risk of cost 
overruns; and 
(13) such other factors as the Commission determines to be 
appropriate. 
(d) The recommendation by the Commission pursuant to this sec-
tion shall not be based upon the fact that the Government of Canada 
or agencies thereof have not, by then rendered a decision as to 
authorization of a pipeline system to transport Alaska natural gas 
through Canada. 
(e) If the Commission recommends the approval of a particular 
transportation system, it shall submit to the President with such 
recommendation (1) an identification of those facilities and opera-
tions which are proposed to be encompassed within the term "construc-
tion and initial operation" in order to define the scope of directions 
contained in section 9 of this Act and (2) the terms and conditions 
permitted under the Natural Gas Act, which the Commission deter-
mines to be appropriate for inclusion in a certificate of public con-
venience and necessity to be issued respecting such system. The Com-
mission shall submit to the President contemporaneously with its 
report an environmental impact statement prepared respecting the 
recommended system, if any, and each environmental impact state-
ment which may have been prepared respecting any other system 
reported on under this section. 
Comments, 
submittal to 
President. 
15 u s e 719d. 
Public 
availability. 
OTHER REPORTS 
SEC. 6. (a) Not later than July 1,1977, any Federal officer or agency 
may submit written comments to the President with respect to the 
recommendation and report of the Commission and alternative meth-
ods for transportation of Alaska natural gas for delivery to the 
contiguous States. Such comments shall be made available to the 
public by the President when submitted to him, unless expressly 
exempted from this requirement in whole or in part by the President, 
under section 552(b)(1) of title 5, United States Code. Any such 
written comment shall include information within the competence of 
such Federal officer or agency with respect to— 
(1) environmental considerations, including air and water 
quality and noise impacts; 
(2) the safety of the transportation systems; 
(3) international relations, including the status and time sched-
ule for any necessary Canadian approvals and plans; 
(4) national security, particularly security of supply; 
(5) sources of financing for capital costs; 
(6) the impact upon competition; 
(7) impact on the national economy, including regional natural 
gas requirements; and 
PUBLIC LAW 94-586—OCT. 22, 1976 
90 STAT. 2907 
(8) relationship of the proposed transportation system to other 
aspects of national energy policy. 
(b) Not later than July 1, 1977, the Governor of any State, any 
municipality, State utility commission, and any other interested per-
son may submit to the President such written comments with respect 
to the recommendation and report of the Commission and alternative 
systems for delivering Alaska natural gas to the contiguous States as 
they determine to be appropriate. 
(c) Not later than July 1,1977, each Federal officer or agency shall 
report to the President with respect to actions to be taken by such 
officer or agency under section 9(a) relative to each transportation 
system reported on by the Commission under section 5(c) and shall 
include such officer's or agency's recommendations with respect to 
any provision of law to be waived pursuant to section 8(g) m con-
junction with any decision of the President which designates a system 
for approval. 
(d) Following receipt by the President of the Commission's recom-
mendations, the Council on Environmental Quality shall afford 
interested persons an opportunity to present oral and written data, 
views, and arguments respecting the environmental impact state-
ments submitted by the Commission under section 5(e). Not later than 
July 1, 1977, the Council on Environmental Quality shall submit to 
the President a report, which shall be contemporaneously made 
available by the Council to the public, summarizing any data, views, 
and arguments received and setting forth the Council's views con-
cerning the legal and factual sufficiency of each such environmental 
impact statement and other matters related to environmental impact 
as the Council considers to be relevant. 
Comments, 
submittal to 
President. 
Report to 
President. 
Report to 
President. 
PRESIDENTIAL DECISION AND REPORT 
SEC. 7. (a) (1) As soon as practicable after July 1, 1977, but not 
15 USC 719e. 
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 Act. If he determines such a system 
should be so approved, his decision shall designate such a system for 
approval pursuant to section 8 and shall be consistent with section 
5(b) (1) (C) 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 consider-
ation the Commission's recommendation pursuant to section 5, the 
report under section 5(c), and any comments submitted under section 
6; 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 Transmittal to 
days after September 1, 1977, may delay the issuance of his decision Congress, delay, 
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 washes 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 sys-
tem. The President shall promptly, but in no case any later than Notice to 
September 1, 1977, notify the House of Representatives and the Congress. 
90 STAT. 2908 
PUBLIC LAW 94-586—OCT. 22, 1976 
Notice to 
Congress. 
Chairman, 
appointment. 
Joint surveillance 
and monitoring 
agreement, 
establishment. 
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 Kepresenta-
tives and the Senate pui-suant 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 5 and 6. The President shall promptly 
notify the House of Representatives and the Senate of any such author-
ization of delay and submit a full explanation of the basis of any such 
authorization. 
(4) If the President determines to designate for approval a trans-
portation 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 certif-
icate 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 9 of 
this Act, taking into consideration any recommendation of the 
Commission with respect thereto; and 
(D) identify those provisions of law, relating to any determina-
tion of a Federal officer or agency as to whether a certificate, per-
mit, right-of-way, lease, or other authorization shall be issued or 
be granted, which provisions the President finds (i) involve deter-
minations which are subsumed in his decision and (ii) require 
waiver pursuant to section 8 (g) dn order to permit the expeditious 
construction and initial operation of the transportation system. 
(5) After a decision of the President designating an Alaska natural 
gas transportation system takes effect under section 8, the President 
shall appoint an officer of the United States, with the advice and con-
sent of the Senate, or designate a board (consisting of such an officer, 
so appointed with the advice and consent of the Senate, as chairman 
and such other individuals as the President determines appropriate to 
serve on such board by reason of background, experience, or position) 
to serve as Federal inspector of construction of such transportation 
system, except that no such individual or officer may have a financial 
interest in the approved transportation system. Upon enactment of a 
joint resolution pursuant to section 8 approving such a system the 
Federal inspector shall— 
(A) establish a joint surveillance and monitoring agreement, 
approved by the President, with the State of Alaska similar to that 
in effect during construction of the trans-Alaska oil pipeline to 
monitor the construction of the approved transportation system 
within the State of Alaska ; 
(B) monitor compliance with applicable laws and the terms and 
conditions of any applicable certificate, rights-of-way, permit, 
lease, or other authorization issued or granted under section 9; 
(C) monitor actions taken to assure timely completion of con-
struction schedules and the achievement of quality of construction, 
cost control, safety, and environmental protection objectives and 
the results obtained therefrom; 
PUBLIC LAW 94-586—OCT. 22, 1976 
90 STAT. 2909 
(D) have the power to compel, by subpena if necessary, sub-
mission of such information as he deems necessary to carry out 
his responsibilities; and 
(E) keep the President and the Congress currently informed on 
any significant departures from compliance and issue c^uarterly 
reports to the President and the Congress concerning existing or 
potential failures to meet construction schedules or other factors 
which may delay the construction and initial operation of the 
system and the extent to which quality of construction, cost con-
trol, safety and environmental protection objectives have been 
achieved. 
(6) If the President determines to designate for approval a trans-
portation 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 inclu-
sion with respect to any issuance or authorization directed to be made 
pursuant to section 9. 
(b) 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 refer-
ence to the factors set forth in sections 5(c) and 6(a), and the reasons 
for any revision, modification of, or substitution for, the Commission 
recommendation. 
(c) 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 antici-
pates that the system designated by him can be privately financed, con-
structed, 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) In making his decision under subsection (a) the President shall 
inform himself, through appropriate consultation, of the views and 
objectives of the States, the Government of Canada, and other govern-
ments with respect to those aspects of such a decision that may involve 
intergovernmental and international cooperation among the Govern-
ment of the United States, the States, the Government of Canada, and 
any other government. 
(e) If the President determines to designate a transportation system 
for approval, the decision of the President shall take effect as provided 
in section 8, 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). 
Transmittal to 
Congress. 
Financial 
analysis. 
CONGRESSIONAL REVIEW 
SEC. 8. (a) Any decision under section 7(a) or 8(b) designating for 15 USC 719f. 
approval a transportation system for the delivery of Alaska natural 
gas shall take effect upon enactment of a joint resolution within the 
first period of 60 calendar days of continuous session of Congress 
beginning on the date after the date of receipt by the Senate and House 
of Representatives of a decision transmitted pursuant to section 7(b) 
or subsection (b) of this section. 
1Q^ n 
7Q 
r>t O 
01 
90 STAT. 2910 
PUBLIC LAW 94-586—OCT. 22, 1976 
'Resolution.' 
42 use 4321 
note. 
Referral to 
congressiona 
committees. 
(b) If the Congress does not enact such a joint resolution within 
such 60-da^ period, the President, not later than the end of the 30th 
day following the expiration of the 60-day period, may propose a 
new decision and shall provide a detailed statement concerning the 
reasons for such proposal. The new decision shall be submitted in 
accordance with section 7(a) and transmitted to the House of Repre-
sentatives and the Senate on the same day while both are in session 
and shall take effect pursuant to subsection (a) of this section. In the 
event that a resolution respecting the President's decision was 
defeated by vote of either House, no new decision may be transmitted 
pursuant to this subsection unless such decision differs in a material 
respect from the previous decision. 
(c) For purposes of this section— 
(1) continuity of session of Congress is broken only by an 
adjournment sine die; and 
(2) the days on which either House is not in session because of 
an adjournment of more than 3 days to a day certain are excluded 
in the computation of the 60-day calendar period. 
(d) (1) This subsection is enacted by Congress— 
(A) as an exercise of the rulemaking power of each House of 
Congress, respectively, and as such it is deemed a part of the rules 
of each House, respectively, but applicable only with respect to 
the procedure to be followed in that House in the case of resolu-
tions described by paragraph (2) of this subsection; and it super-
sedes other rules only to the extent that it is inconsistent 
therewith; and 
(B) with full recognition of the constitutional right of either 
House to change the rules (so far as those rules relate to the pro-
cedure of that House) at any time, in the same manner and to the 
same extent as in the case of any other rule of such House. 
(2) For purposes of this Act, the term "resolution" means (A) a 
joint resolution, the resolving clause of which is as follows: "That the 
House of Representatives and Senate approve the Presidential deci-
sion on an Alaska natural gas transportation system submitted to the 
Congress on 
, 19 , and find that any environmental 
impact statements prepared relative to such system and submitted 
with the President's decision are in compliance with the Natural 
Environmental Policy Act of 1969."; the blank space therein shall be 
filled wifh the date on which the President submits his decision to the 
House of Representatives and the Senate; or (B) a joint resolution 
described in subsection (g). 
(3) A resolution once introduced with respect to a Presidential 
decision on an Alaska natural gas transportation system shall be 
referred to one or more committees (and all resolutions with respect 
to the same Presidential decision on an Alaska natural gas transporta-
tion system shall be referred to the same committee or committees) 
by the President of the Senate or the Speaker of the House of Repre-
sentatives, as the case may be. 
(4) (A) If any committee to which a resolution with respect to a 
Presidential decision on an Alaska natural gas transportation system 
has been referred has not reported it at the end of 30 calendar days 
after its referral, it shall be in order to move either to discharge such 
committee from further consideration of such resolution or to dis-
charge such committee from consideration of anv other resolution 
with respect to such Presidential decision on an Alaska natural gas 
transportation system which has been referred to such committee. 
PUBLIC LAW 94-586—OCT. 22, 1976 
90 STAT. 2911 
(B) A motion to discharge may be made only by an individual 
favoring the resolution, shall be highly privileged (except that it may 
not be made after the committee has reported a resolution with respect 
to the same Presidential decision on an Alaska natural gas transporta-
tion system), and debate thereon shall bo limited to not more than 
1 hour, to be divided equally between those favoring and those oppos-
ing the resolution. An amendment to the motion shall not be in order, 
and it shall not be in order to move to reconsider the vote by which 
the motion was agreed to or disagreed to. 
(C) If the motion to discharge is agreed to or disagreed to, the 
motion may not be made with respect to any other resolution with 
respect to the same Presidential decision on an Alaska natural gas 
transportation system. 
(5) (A) When any committee has reported, or has been discharged 
from further consideration of, a resolution, but in no case earlier 
than 30 days after the date of receipt of the President's decision to 
the Congress, it shall be at any time thereafter in order (even though 
a previous motion to the same effect has been disagreed to) to move to 
proceed to the consideration of the resolution. The motion shall be 
highly privileged and shall not be debatable. An amendment to the 
motion shall not be in order, and it shall not be in order to move to 
reconsider the vote by which the motion was agreed to or disagreed to. 
(B) Debate on the resolution described in subsection (d) (2) (A) 
shall be limited to not more than 10 hours and on any resolution 
described in subsection (g) to one hour. This time shall be divided 
equally between those favoring and those opposing such resolution. 
A motion further to limit debate shall not be debatable. An amend-
ment to, or motion to recommit the resolution shall not be in order, 
and it shall not be in order to move to reconsider the vote by which 
such resolution was agreed to or disagreed to or, thereafter within 
such 60-day period, to consider any other resolution respecting the 
same Presidential decision. 
(6) (A) Motions to postpone, made with respect to the discharge 
from committee, or the consideration of a resolution and motions to 
proceed to the consideration of other business, shall be decided with-
out debate. 
(B) Appeals from the decision of the Chair relating to the applica-
tion of the rules of the Senate or the House of Representatives, as the 
case may be, to the procedures relating to a resolution shall be decided 
without debate. 
(e) The President shall find that any required environmental 
impact statement relative to the Alaska natural gas transportation 
system designated for approval by the President has been prepared 
and that such statement is in compliance with the National Environ-
mental Policy Act of 1969. Such finding shall be set forth in the 
report of the President submitted under section 7. The President may 
supplement or modify the environmental impact statements prepared 
by the Commission or other Federal officers or agencies. Any such 
environmental 
impact 
statement 
shall 
be submitted 
contem-
poraneously with the transmittal to the Senate and House of Repre-
sentatives of the President's decision pursuant to section 7(b) or 
subsection (b) of this section. 
(f) Within 20 days of the transmittal of the President's decision 
to the Congress under section 7(b) or under subsection (b) of this 
section, (1) the Commission shall submit to the Congress a report 
commenting on the decision and including any information with 
regard to that decision which the Commission considers appropriate. 
Debate 
limitation. 
42 use 4321 
note. 
Report, submittal 
to Congress. 
90 STAT. 2912 
PUBLIC LAW 94-586—OCT. 22, 1976 
Hearings. 
Report, submittal 
to Congress. 
Congressional 
committee 
hearings. 
Waiver, submittal 
to Congress. 
and (2) the Council on Environmental Quality shall provide an 
opportunity to any interested person to present oral and written data, 
views, and arguments on any environmental impact statement sub-
mitted by the President relative to any system designated by him 
for approval which is different from any system reported on by the 
Commission under section 6(c), and shall submit to the Congress a 
report summarizing any such views received. The committees in each 
House of Congress to which a resolution has been referred under 
subsection (d) (3) shall conduct hearings on the Council's report and 
include in any report of the committee respecting such resolution the 
findings of the committee on the legal and factual sufficiency of any 
environmental impact statement submitted by the President relative 
to any system designated by him for approval. 
(g)(1) At any time after a decision designating a transportation 
system is submitted to the Congress pursuant to this section, if the 
Piesident finds that any provision of law applicable to actions to be 
taken under subsection (a) or (c) of section 9 require waiver in 
order to permit expeditious construction and initial operation of the 
approved transportation system, the President may submit such pro-
posed waiver to both Houses of Congress. 
(2) Such provision shall be waived with respect to actions to be 
taken under subsection (a) or (c) of section 9 upon enactment of a 
joint resolution pursuant to the procedures specified in subsections 
(c) and (d) of this section (other than subsection (d)(2) thereof) 
within the first period of 60 calendar days of continuous session of 
Congress beginning on the date after the date of receipt by the Senate 
and House of Representatives of such proposal. 
(3) The resolving clause of the joint resolution referred to in this 
subsection is as follows: "That tne House of Representatives and 
Senate approve the waiver of the provision of law ( 
) as pro-
posed by the President, submitted to the Congress on 
, 
19 ." The fii-st blank space therein being filled with the citation to 
the piovision of law and the second blank space therein being filled 
with the date on which the President submits his decision to the House 
of Representatives and the Senate. 
(4) In the case of action with respect to a joint resolution described 
in this subsection, the phrase "a waiver of a provision of law" shall 
be substituted in subsection (d) for the phrase "the Alaska natural 
gas transportation system.". 
AUTHORIZATIONS 
15 use 719g. 
SEC. 9. (a) 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 8(g) issue or grant such certificates, permits, 
rights-of-way, leases, and other authorizations at the earliest 
)racticable date. 
All actions of a Federal officer or agency with respect to con-
sideration of applications or requests for the issuance or grant of a 
certificate, right-of-way, permit, lease, or other authorization to which 
subsection (a) applies shall be expedited and any such application or 
(bf 
PUBLIC LAW 94-586—OCT. 22, 1976 
90 STAT. 2913 
request shall take precedence over any similar applications or requests 
of the Federal officer or agency. 
(c) Any certificate, right-of-way, permit, lease, or other authoriza- Terms and 
tion issued or granted pursuant to the direction under subsection (a) conditions, 
shall include the terms and conditions required by law unless waived 
pursuant to a resolution under section 8(g), 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 trans-
portation system or those the inclusion of which would otherwise 
prevent or impair in any significant respect the expeditious construc-
tion and initial operation of such transportation system. 
(d) 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) Any Federal officer or agency to which subsection (a) 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. 
JUDICIAL REVIEW 
SEC. 10. (a) Notwithstanding any other provision of law, the actions 15 USC 719h. 
of Federal officers or agencies taken pursuant to section 9 of this Act, 
shall not be subject to judicial review except as provided in this 
section. 
(b) (1) Claims alleging the invalidity of this Act may be brought 
not later than the 60th day following the date a decision takes effect 
pursuant to section 8 of this Act. 
(2) Claims alleging that an action will deny rights under the Con-
stitution of the United States, or that an action is in excess of statutory 
jurisdiction, authority, or limitations, or short of statutory right may 
be brought not later than the 60th day following the date of such 
action, except that if a party shows that he did not know of the action 
complained of, and a reasonable person acting in the circumstances 
would not have known, he may bring a claim alleging the invalidity 
of such action on the grounds stated above not later than the 60th day 
following the date of his acquiring actual or constructive knowledge 
of such action. 
(c) (1) A claim under subsection (b) shall be barred unless a com-
plaint is filed prior to the expiration of such time limits in the United 
States Court of Appeals for the District of Columbia acting as a 
90 STAT. 2914 
PUBLIC LAW 94-586—OCT. 22, 1976 
Special Court. Such court shall have exclusive jurisdiction to deter-
mine such proceeding in accordance with the procedures hereinafter 
provided, and no other court of the United States, of any State, ter-
ritory, or possession of the United States, or of the District of 
Columbia, shall have jurisdiction of any such claim in any proceeding 
instituted prior to or on or after the date of enactment of this Act. 
(2) Any such proceeding shall be assigned for hearing and com-
pleted at the earliest possible date, shall, to the greatest extent practica-
ble, take precedence over all other matters pending on the docket of 
the court at that time, and shall be expedited in every way by such 
court and such court shall render its decision relative to any claim 
within 90 days from the date such claim is brought unless such court 
determines that a longer period of time is required to satisfy require-
USC prec. title I. ments of the United States Constitution. 
(3) The enactment of a joint resolution under section 8 approving 
the decision of the President shall be conclusive as to the legal and 
factual sufficiency of the environmental impact statements submitted 
by the President relative to the approved transportation system and 
no court shall have jurisdiction to consider questions respecting the 
sufficiency of such statements under the National Environmental 
Policy Act of 1969. 
SUPPLEMENTAL ENFORCEMENT AUTHORITY 
SEC. 11 (a) In addition to remedies available under other applicable 
provisions of law, whenever any Federal officer or agency determines 
that any person is in violation of any applicable provision of law 
administered or enforceable by such officer or agency or any rule, 
regulation, or order under such provision, including any term or condi-
tion of any certificate, right-of-way, permit, lease, or other authori-
zation, issued or granted by such officer or agency, such officer or 
agency may— 
(1) issue a compliance order requiring such person to comply 
with such provision or any rule, regulation, or order thereunder, 
or 
(2) bring a civil action in accordance with subsection (c). 
(b) Any order issued under subsection (a) shall state with reason-
able specificity the nature of the violation and a time of compliance, 
not to exceed 30 days, which the officer or agency, as the case may be, 
determines is reasonable, taking into account the seriousness or the 
violation and any good faith efforts to comply with applicable 
requirements. 
Gvil penalty. 
(c) Upon a request of such officer or agency, as the case may be, 
the Attorney General may commence a civil action for appropriate 
relief, including a permanent or temporary injunction or a civil 
penalty not to exceed $25,000 per day for violations of the compliance 
Jurisdiction. 
order issued under subsection (a). Anv action under this subsection 
may be brought in any district court of the United States for the dis-
trict in which the defendant is located, resides, or is doing business, 
and such court shall have jurisdiction to restrain such violation, 
require compliance, or impose such penalty or give ancillary relief. 
42 u s e 4321 
note. 
Compliance order 
or civil action. 
15 u s e 719i. 
15 u s e 719j. 
15 u s e 717w. 
EXPORT LIMrrATIONS 
SEC. 12. Any exports of Alaska natural gas shall be subject to the 
requirements of the Natural Gas Act and section 103 of the Energy 
PUBLIC LAW 94-586—OCT. 22, 1976 
90 STAT. 2915 
Policy and Conservation Act, except that in addition to the require-
ments of such Acts, before any Alaska natural gas in excess of 1,000 
Mcf per day may be exported to any nation other than Canada or 
Mexico, the President must make and publish an express finding that 
such exports will not diminish the total quantity or quality nor 
increase the total price of energy available to the United States. 
42 use 6212. 
Presidential 
finding, 
publication. 
EQUAL ACCESS TO EACILITIES 
SEC. 13. (a) There shall be included in the terms of any certificate, 
permit, right-of-way, lease, or other authorization issued or granted 
pursuant to the directions contained in section 9 of this Act, a provi-
sion that no person seeking to transport natural gas in the Alaska 
natural gas transportation system shall be prevented from doing so 
or be discriminated against in the terms and conditions of service on 
the basis of degree of ownership, or lack thereof, of the Alaska natural 
gas transportation system. 
(b) The State of Alaska is authorized to ship its royalty gas on 
the approved transportation system for use within Alaska and, to 
the extent its contracts for the sale of royalty gas so provide, to 
withdraw such gas from the interstate market for use within Alaska; 
the Federal Power Commission shall issue all authorizations neces-
sary to effectuate such shipment and withdrawal subject to review 
by the Commission only of the justness and reasonableness of the 
rate charged for such transportation. 
15 use 719k. 
ANTITRUST LAWS 
SEC. 14. Nothing in this Act, and no action taken hereunder, shall 15 USe 719/ 
imply or effect an amendment to, or exemption from, any provision 
of the antitrust laws. 
AUTHORIZATION 
SEC. 15. There is hereby authorized to be appropriated beginning 15 USe 719ni. 
in fiscal year 1978 and each fiscal year thereafter, such sums as may 
be necessary to carry out the functions of the Federal inspector 
appointed by the President with the advice and consent of the Senate 
under section 7. 
SEPARABILITY 
SEC. 16. If any provision of this Act, or the application thereof, 15 USe 719n. 
is held invalid, the remainder of this Act shall not be affected thereby. 
CIVIL RIGHTS 
SEC. 17. All Federal officers and agencies shall take such affirmative 
action as is necessary to assure that no person shall, on the grounds 
of race, creed, color, national origin, or sex, be excluded from receiv-
ing, or participating in any activity conducted under, any certificates, 
permit, right-of-way, lease, or other authorization granted or issued 
pursuant to this Act. The appropriate Federal officers and agencies 
shall promulgate such rules as are necessary to carry out the purposes 
of this section and may enforce this section, and any rules promul-
gated under this section through agency and department provisions 
and rules which shall be similar to those established and in effect 
under title VI of the Civil Rights Act of 1964. 
Discrimination, 
prohibition. 
15 use 7190. 
Rules. 
42 use 2000d. 
90 STAT. 2916 
PUBLIC LAW 94-586—OCT. 22, 1976 
REPORT ON THE EQUITABLE ALLOCATION OF NORTH SLOPE CRUDE OIL 
Report to 
SEC. 18. Within 6 months of the date of enactment of this Act, 
A?'i^«fr*' 
^^^ President shall determine what special expediting procedures are 
43 use 1651 
necessary to insure the equitable allocation of north slope crude oil 
^^ ^' 
to the Northern Tier States of Washington, Oregon, Idaho, Montana, 
North Dakota, Minnesota, Michigan, Wisconsin, Illinois, Indiana, 
and Ohio (hereinafter referred to as the "Northern Tier States") to 
43 use 1651 
carry out the jjrovisions of section 410 of Public Law 93-153 and 
''°^*'' 
shall report liis findings to the Congress. In his report, the President 
shall identify the specific provisions of law, which relate to any deter-
mination of a Federal officer or agency as to whether to issue or grant 
a certificate, jjermit, right-of-way, lease, or other authorization in 
connection with the construction of an oil delivery system serving 
the Northern Tier States and which the President finds would inhibit 
the expeditious construction of such a system in the contiguous States 
of the United States. In addition the President will include in his 
report a statement which demonstrates the impact that the delivery 
system will have on reducing the dependency of New England and 
the Middle Atlantic States on foreign oil imports. Furthermore, all 
F'ederal officers and agencies shall, prior to the submission of such 
report and further congressional action relating thereto, expedite to 
the fullest practicable extent all applications and requests for action 
made with respect to such an oil delivery system. 
ANTITRUST STUDY 
Report to 
SEC. 19. The Attorney General of the United States is authorized 
Congress. 
and directed to conduct a thorough study of the antitrust issues and 
15 use 719 note, problems relating to the production and transportation of Alaska 
natural gas and, not later than six months following the date of 
enactment of this Act, to complete such study and submit to the 
Congress a report containing his findings and recommendations with 
' 
respect thereto. 
EXPIRATION 
15 use 719 note. 
SEC. 20. This Act shall terminate in the event that no decision 
of the President takes effect under section 8 of this Act, such termi-
nation to occur at the end of the last day on which a decision could 
be, but is not, approved under such section. 
Approved October 22, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1658, Pt. 1 (Comm. on Interstate and Foreign eommerce). 
SENATE REPORT No. 94-1020 (eomm. on Commerce and Comm. on Interior and Insular 
Affairs). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
July 1, considered and passed Senate. 
Sept. 30, considered and passed House, amended. 
Oct. 1, Senate agreed to House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 44: 
Oct. 22, Presidential statement.