309 



57. Trans-Alaska Pipeline 

 43 US.C. 1651-1655 



Sec. 



1651. Congressional findings and declaration. 



1652. Authorizations for construction. 



(a) Congressional declaration of purpose. 



(b) Issuance, administration, and enforcement of 



rights-of-way. permits, leases, and other 

 authorizations. 



(c) Applicability of statutes governing rights-of- 



way for pipelines through Federal lands: 

 other statutory terms and conditions; 

 waiver of procedural requirements: super- 

 sedure of administrative authorizations for 

 construction. 



(d) National Environmental Policy Act of 1969 



by-passed: Issuance of authorizations for 

 construction and operation not to be sub- 

 ject to Judicial review: time limits on 

 charges of Invalidity or unconstitutionality: 

 Jurisdiction; hearings; review. 



(e) Amendment or modification of rights-of-way, 



permits. leases, or other authorizations. 



1653. Liability for damages. 



(a) Activities along or in vicinity of pipeline 



right-of-way; strict liability; limitation on 

 liability; subrogation; emergency subsist- 

 ence and other aid; exemption for State of 

 Alaska. 



(b) Control and removal of pollutants at expense 



of right-of-way holder. 



(c) Discharges of oil from vessels loaded at ter- 



minal facilities of pipeline; strict liability; 

 limitation on liability; apportionment of 

 liability; establishment and operation of 

 Trans-Alaska Pipeline Liability Fund. 



1654. Antitrust laws. 



1655. Roads and airports. 



§ 1651. Concessional findings and declaration. 

 The Congress finds and declares that: 



(a) The early development and delivery of oil and 

 gas from Alaska's North Slope to domestic markets 

 is in the national interest because of growing domes- 

 tic shortages and increasing dependence upon In- 

 secure foreign sources. 



(b) The Department of the Interior and other 

 Federal agencies, have, over a long period of time, 

 conducted extensive studies of the technical aspects 

 and of the environmental, social, and economic im- 

 pacts of the proposed trans-Alaska oil pipeline, in- 

 cluding consideration of a trans-Canada pipeline. 



(c) The earliest possible construction of a trans- 

 Alaska oil pipeline from the North Slope of Alaska 

 to Port Valdez in that State will make the extensive 

 proven and potential reserves of low-sulfur oil avail- 

 able for domestic use and will best serve the national 

 interest. 



(d) A supplemental pipeline to connect the North 

 Slope with a trans-Canada pipeline may be needed 

 later and it should be studied now, but it should not 

 be- regarded as an alternative for a trans-Alaska 

 pipeline that does not traverse a foreign country. 

 (Pub. L. 93-153, title H, § 202, Nov. 16, 1973. 87 Stat. 

 584.) 



Short Tttli: 

 Section 201 of Pub. L. 93-153 provided that: "This title 

 [which enacted this chapter] may be cited as the 'Trans- 

 Alaska Pipeline Authorization Act'." 



Exclusion of Persons From Trans-Alaska Pipexine 

 AcTivmES on Basis or Race, Creed, Color, National 

 Origin, or Sex PRoniBrrED 

 Section 403 of Pub. L. 93-153 provided that: "The Secre- 



tary of the Interior shall take such affirmative action as 

 be deems necessary to assure that no person shall, on the 

 grounds of race, creed, color, national origin, or sex, be 

 excluded from receiving, or participating In any activity 

 conducted under, any permit, right-of-way, public land 

 order, or other Federal authorization granted or Issued 

 under title II (this chapter ] . The Secretary of the Interior 

 shall promulgate such rules as he deems necessary to 

 carry out the purposes of this subsection and may enforce 

 this subsection, and any rules promulgated under this 

 subsection, through agency and department provisions 

 and rules which shall be similar to those established and 

 In effect under title VI of the ClvU Rights Act of 1964 

 (section 2000d et seq. of Title 42] ." 



EqiTTTABLE ALLOCATION OF NORTH SLOPE CRUDE OIL 



Section 410 Of Pub. L. 93-153 provided that: "The 

 Congress declares that the crude oil on the North Slope 

 of Alaska Is an Important part of the Nation's oil re- 

 sources, and that the benefits of such crude oil should be 

 equitably shared, directly or Indirectly, by all regions of 

 the country. The President shall use any authority he 

 may have to insure an equitable allocation of available 

 North Slope and other crude oil resources and petroleum 

 products among all regions and all of the several States." 



Trans-Canada Pipeline; Negotiations With Canada; 



feasibility study 

 Title ni of Pub. L. 93-153 provided that: 

 "Sec. 301. The President of the United States Is author- 

 ized and requested to enter Into negotiations with the 

 Government of Canada to determine — 



"(a) the willingness of the Government of Canada to 

 permit the construction of pipelines or other trans- 

 portation systems across Canadian territory for the 

 transport of natural gas and oil from Alaska's North 

 Slope to markets In the United States, Including the use 

 of tankers by way of the Northwest Passage: 



"(b) the need for Intergovernmental understandings, 

 agreements, or treaties to protect the Interests of the 

 Governments of Canada and the United States and any 

 party or parties Involved with the construction, opera- 

 tion, and maintenance of pipelines or other transporta- 

 tion systems for the transport of such natural gas or 

 oil; 



"(c) the terms and conditions under which pipelines 

 or other transportation systems could be constructed 

 across Canadian territory; 



"(d) the desirability of undertaking Joint studies and 

 Investigations designed to Insure protection of the en- 

 vironment, reduce legal and regulatory un.;ertalnty, 

 and Insure that the respective energy requirements of 

 the people of Canada and of the United States are ade- 

 quately met; 



■■(e) the quantity of such oil and natural gas from 

 the North Slope of Alaska for which the Government 

 of Canada would guarantee transit: and 



"(f) the feasibility, consistent with the needs of 

 other sections of the United States, of acquiring addi- 

 tional energy from other sources that would make un- 

 necessary the shipment of oil from the Alaska pipeline 

 by tanker Into the Puget .Sound area. 

 The President shall repjrt to the House and Senate 

 Committees on Interior and Insular Affairs the aStlons 

 taken, the progress achieved, the areas of disagreement, 

 and the matters about which more Information Is needed, 

 together with his recommendations for further action. 

 "Sec 302. (a) The Secretary of the Interior Is author- 

 ized and c<lrected to Investigate the feasibility of one or 

 more oU or gas pipelines from the North Slope of Alaska 

 to connect with a pipeline through Canada that will de- 

 liver oil or gas to United States markets. 



"(b) All costs associated with making the investiga- 

 tions authorized by subsection (a) shall be charged to 

 any future applicant who Is granted a right-of-way for 

 one of the routes studied. The Secretary shall submit to 

 the House and Senate Committees on Interior and In- 

 sular Affairs periodic reports of his Investigation, and the 



