|
U.S. Code as of:
01/19/04
Section 719e. Presidential decision and report
(a) Dateline for decision; transmission to Congress, delay: notice
to Congress; contents of decision; chairman, appointment; Federal
inspector of construction: duties, including establishment of
joint surveillance and monitoring agreement
(1) As soon as practicable after July 1, 1977, but not 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 chapter. If he determines such a
system should be so approved, his decision shall designate such a
system for approval pursuant to section 719f of this title and
shall be consistent with section 719c(b)(1)(C) of this title 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 consideration the
Commission's recommendation pursuant to section 719c of this title,
the report under section 719c(c) of this title, and any comments
submitted under section 719d of this title; 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
days after September 1, 1977, may delay the issuance of his
decision 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
wishes 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 system. The President shall
promptly, but in no case any later than September 1, 1977, notify
the House of Representatives and the 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
Representatives and the Senate pursuant 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 719c and
719d of this title. The President shall promptly notify the House
of Representatives and the Senate of any such authorization of
delay and submit a full explanation of the basis of any such
authorization.
(4) If the President determines to designate for approval a
transportation 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
certificate 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 719g
of this title, taking into consideration any recommendation of
the Commission with respect thereto; and
(D) identify those provisions of law, relating to any
determination of a Federal officer or agency as to whether a
certificate, permit, right-of-way, lease, or other authorization
shall be issued or be granted, which provisions the President
finds (i) involve determinations which are subsumed in his
decision and (ii) require waiver pursuant to section 719f(g) of
this title in order to permit the expeditious construction and
initial operation of the transportation system.
(5) Repealed. Pub. L. 102-486, title XXX, Sec. 3012(a), Oct. 24,
1992, 106 Stat. 3128.
(6) If the President determines to designate for approval a
transportation 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 inclusion with respect to any issuance or
authorization directed to be made pursuant to section 719g of this
title.
(b) Transmittal to Congress
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 reference to the factors set forth in
sections 719c(c) and 719d(a) of this title, and the reasons for any
revision, modification of, or substitution for, the Commission
recommendation.
(c) Financial analysis
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 anticipates that the system designated by him can be
privately financed, constructed, 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) Views and objectives involving intergovernmental and
international cooperation
In making his decision under subsection (a) of this section the
President shall inform himself, through appropriate consultation,
of the views and objectives of the States, the Government of
Canada, and other governments with respect to those aspects of such
a decision that may involve intergovernmental and international
cooperation among the Government of the United States, the States,
the Government of Canada, and any other government.
(e) Decision effective as provided in section 719f of this title;
financing authority unaffected
If the President determines to designate a transportation system
for approval, the decision of the President shall take effect as
provided in section 719f of this title, 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) of this section.
|
|