310 



final report of the Secretary shall be submitted within 

 two years from the date of this Act (Nov. 16. 1973]. 



"Sec. 303. Nothing In this title shall limit the authority 

 of the Secretary of the Interior or any other Federal 

 official to grant a gas or oil pipeline right-of-way or per- 

 mit which he Is otherwise authorized by law to grant." 



§ 1652. Authorizations for construction. 



(a) Congressional declaration of purpose. 



The purpose of this chapter is to insure that, be- 

 cause of the extensive governmental studies already 

 made of this project and the national Interest in 

 early delivery of North Slope oil to domestic markets, 

 the trans-Alaska oil pipeline be constructed 

 promptly without further administrative or judicial 

 delay or impediment. To accomplish this purpose it 

 is the intent of the Congress to exercise its constitu- 

 tional powers to the fullest extent in the authori- 

 zations and directions herein made and in limiting 

 judicial review of the actions taken pursuant thereto. 



(b) Issuance, administration, and enforcement of 

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

 zations. 



The Congress hereby authorizes and directs the 

 Secretary of the Interior and other appropriate Fed- 

 eral oflRcers and agencies to issue and take all neces- 

 sary action to administer and enforce rights-of-way. 

 permits, leases, and other authorizations that are 

 necessary for or related to the construction, opera- 

 tion, and maintenance of the trans-Alaska oil pipe- 

 line system. Including roads and airstrips, as that 

 system Is generally described in the Final Environ- 

 mental Impact Statement issued by the Department 

 of the Interior on March 20, 1972. The route of the 

 pipeline may be modified by the Secretary to 

 provide during construction greater environmental 

 protection. 



(e) Applicability of statutes governing rights-of-way 

 for pipelines through Federal lands; other statu- 

 tory terms and conditions; waiver of procedural 

 requirements; supersedure of administrative au- 

 thorization for construction. 

 Rights-of-way, permits, leases, and other authori- 

 zations Issued pursuant to this chapter by the Sec- 

 retary shall be subject to the provisions of section 

 185 of Title 30, as amended by Pub. L. 93-153 (ex- 

 cept the provisions of subsection (h)(1), (k), (q), 

 (w) (2), and (x)) ; all authori2atlons issued by the 

 Secretary and other Federal officers and agencies 

 pursuant to this chapter shall include the terms- and 

 conditions required, and may Include the terms and 

 conditions permitted, by the provisions of law that 

 would otherwise be applicable if this chapter had 

 not been enacted, and they may waive any proce- 

 dural requirements of law or regulation which they 

 deem desirable to waive in order to accomplish the 

 purposes of this chapter. The direction contained In 

 subsection (b) of this section shall supersede the 

 provisions of any law or regulation relating to an 

 administrative determination as to whether the au- 

 thorizations for construction of the trans-Alaska 

 oil pipeline shall be Issued. 



(d) National Environmental Policy Act of 1969 by- 

 passed; issuance of authorizations for construc- 

 tion and operation not to be subject to judicial 

 review; time limits on charges of invalidity or un- 

 constitutionality; jurisdiction; hearings; review. 

 The actions taken pursuant to this chapter which 



relate to the construction and completion of the pipe- 

 line system, and to the applications filed in connec- 

 tion therewith necessary to the pipeline's operation 

 at full capacity, as described in the Final Environ- 

 mental Impact Statement of the Department of the 

 Interior, shall be taken without further action under 

 the National Environmental Policy Act of 1969; and 

 the actions of the Federal officers concerning the is- 

 suance of the necessary rights-of-way, permits, 

 leases, and other authorizations for construction and 

 initial operation at full capacity of said pipeline sys- 

 tem shall not be subject to judicial review under any 

 law except that claims alleging the invalidity of this 

 section may be brought within sixty days following 

 November 16, 1973, and claims alleging that an action 

 will deny rights under the Constitution of the United 

 States, or that the action is beyond the scope of 

 authority conferred by this chapter, may be brought 

 within sixty days following the date of such action. 

 A claim shall be barred imless a complaint is filed 

 within the time specified. Any such complaint shall 

 be filed In a United States district court, and such 

 court shall have exclusive jurisdiction to determine 

 such proceeding In accordance with the procedures 

 hereinafter provided, and no other court of the 

 United States, of any State, territory, or possession of 

 the United States, or of the District of Coliunbia, 

 shall have jurisdiction of any such claim whether In 

 a proceeding instituted prior to or on or after 

 November 16, 1973. Any such proceeding shall be 

 assigned for hearing at the earliest possible date, 

 shall take precedence over all other matters pending 

 on the docket of the district court at that time, and 

 shall be expedited in every way by such court. Such 

 court shall not have jurisdiction to grant any In- 

 junctive relief against the issuance of any right-of- 

 way, permit, lease, or other authorization pursuant 

 to this section except in conjunction with a final 

 judgment entered in a case involving a claim filed 

 pursuant to this section. Any review of an interloc- 

 utory or final judgment, decree, or order of such 

 district court may be had only upon direct appeal to 

 the Supreme Court of the United States. 



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

 mits, leases, or other authorizations. 

 The Secretary of the Interior and the other Fed- 

 eral officers and agencies are authorized at any time 

 when necessary to protect the public interest, pur- 

 suant to the authority of this section and in accord- 

 ance with its provisions, to amend or modify any 

 right-of-way, permit, lease, or other authorization 

 Issued under this chs^ter. (Pub. L. 93-153, title EC, 

 5 203, Nov. 16, 1973, 87 Stat. 584.) 



§ 1653. Liability for damages. 



(a) Activities along or in vicinity of pipeline right-of- 

 way; strict liability; limitation on liability; subro- 

 gation; emergency subsistence and other aid; ex- 

 emption for State of Alaska. 

 (1) Except when the holder of the pipeline right- 

 of-way granted pursuant to this chapter can prove 

 that damages in connection with or resulting from 

 activities along or in the vicinity of the proposed 

 trans-Alaskan pipeline right-of-way were caused by 

 an act of war or, negligence of the United States, 

 other government entity, or the damaged party, such 

 holder shall be strictly liable to all damaged parties. 



