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CRUDE OIL TRANSPORTATION SYSTEMS [Title V of Public Utilities Regulatory Policies Act of 1978; Public
Law 95-617, 92 Stat. 3157]
TITLE V-CRUDE OIL TRANSPORTATION
SEC. 501. FINDINGS.
(1) a serious crude oil supply shortage may soon exist in portions of the United States;
(2) a large surplus of crude oil on the west coast of the United States is projected;
(3) any substantial curtailment of Canadian crude oil exports to the United States could create a severe crude oil shortage in the northern tier States;
(4) pending the authorization and completion of west-to-east crude oil delivery systems, Alaskan crude oil in excess of west coast needs will be transshipped through the Panama Canal at a high transportation cost;
(5) national security and regional supply requirements may be such that west-to-east crude delivery systems serving both the northern tier States and inland States, consistent with the requirements of section 410 of the Act approved November 16, 1973 (87 Stat. 594), commonly known as the Trans-Alaska Pipeline Authorization Act, are needed;
(6) expeditious Federal and State decisions for west-to-east crude oil delivery systems are of the utmost priority; and
(7) resolution of the west coast crude oil surplus and the need for crude oil in northern tier States and inland States require the assignment and coordination of overall responsibility within the executive branch to permit expedited action on all necessary environmental assessments and decisions on permit
applications concerning delivery systems. [43 U.S.C. 2001) SEC. 502. STATEMENT OF PURPOSES. The purposes of this title are (1) to provide a means for
(A) selecting delivery systems to transport Alaskan and other crude oil to northern tier States and inland States, and
(B) resolving both the west coast crude oil surplus and the crude oil supply problems in the northern tier States; (2) to provide an expedited procedure for acting on applications for all Federal permits, licenses, and approvals required for the construction and operation or any transportation system approved under this title and the Long Beach-Midland project; and
(3) to assure that Fedeal decisions with respect to crude oil transportation systems are coordinated with State decisions to
the maximum extent practicable. [43 U.S.C. 2003] SEC. 503. DEFINITIONS. As used in this title
(1) The term "northern tier States” means the States of Washington, Oregon, Idaho, Montana, North Dakota, Minnesota, Michigan, Wisconsin, Illinois, Indiana, and Ohio.
(2) The term “inland States” means those States in the United States other than northern tier States and the States of California, Alaska, and Hawaii.
(3) The term "crude oil transportation system” means a crude oil delivery system (including the location of such system) for transporting Alaskan and other crude oil to northern tier States and inland States, but such term does not include the Long Beach-Midland project.
(4) The term “Long Beach-Midland project” means the crude oil delivery system which was the subject of, and is generally described in, the “Final Environmental Impact Statement, Crude Oil Transportation System: Valdez, Alaska, to Midland, Texas (as proposed by Sohio Transportation Company)”, the availability of which was announced by the Department of the Interior in the Federal Register on June 1, 1977 (42 Fed. Reg. 28008).
(5) The term "Federal agency” means an Executive agency,
as defined in section 105 of title 5, United States Code. [43 U.S.C. 2003) SEC. 504. APPLICATIONS FOR APPROVAL OF PROPOSED CRUDE OIL
TRANSPORTATION SYSTEMS. The following applications for construction and operation of a crude oil transportation system submitted to the Secretary of the Interior by an applicant are eligible for consideration under this title:
(1) Applications received by the Secretary before the 30th day after the date of the enactment of this Act.
(2) Applications received by the Secretary during the 60-day period beginning on the 30th day after the date of the enactment of this Act, if the Secretary determines that consideration and review of the proposal contained in such application is in the national interest and that such consideration and review could be completed within the time limits established under
this title. An application under this section may be accepted by the Secretary only if it contains a general description of the route of the proposed system and identification of the applicant and any other person who, at the time of filing, has a financial or other interest in the system or is a party to an agreement under which such person would acquire a financial or other interest in the system. [43 U.S.C. 2004] SEC. 505. REVIEW SCHEDULE. (a) ESTABLISHMENT.—
The Secretary of the Interior, after consultation with the heads of appropriate Federal agencies, shall estab
lish an expedited schedule for conducting reviews and making recommendations concerning crude oil transportation systems proposed in applications filed under section 504 and for obtaining information necessary for environmental impact statements required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) with respect to such proposed systems.
(b) ADDITIONAL INFORMATION.-(1) On his own initiative or at the request of the head of any Federal agency covered by the review schedule established under subsection (a), the Secretary of the Interior shall require that an applicant provide such additional information as may be necessary to conduct the review of the applicant's proposal. Such information may include
(A) specific details of the route (and alternative routes) and identification of Federal lands affected by any such route;
(B) information necessary for environmental impact statements; and
(C) information necessary for the President's determination under section 507(a). (2) If, within a reasonable time, an applicant does not
(A) provide information required under this subsection, or
(B) comply with any requirement of section 304 of the Federal Land Policy and Management Act of 1976 (90 Stat. 2765; 43
U.S.C. 1734), the Secretary of the Interior may declare the application ineligible for consideration under this title. After making such a declaration, the Secretary of the Interior shall notify the applicant and the President of such ineligibility.
(c) RECOMMENDATIONS OF THE HEADS OF FEDERAL AGENCIES.—(1) Pursuant to the schedule established under subsection (a), heads of Federal agencies covered by such schedule shall conduct a review of a proposed crude oil transportation system eligible for consideration under this title and shall submit their recommendations concerning such systems (and the basis for such recommendations) to the Secretary of the Interior for submission to the President. After receipt of such recommendations and before their submission to the President, the Secretary of the Interior shall provide an opportunity for comments in accordance with paragraph (2). The Secretary of the Interior shall forward such comments to the President with the recommendations
(A) in the case of applications filed under section 504(1), on or before December 1, 1978, and
(B) in the case of applications filed under section 504(2), on or before the 60th day after December 1, 1978. (2)(A) After receipt of recommendations under paragraph (1) the Secretary of the Interior shall provide appropriate means by which the Governor and any other official of any State and any official of any political subdivision of a State, may submit written comments concerning proposed crude oil transportation systems eligible for consideration under this title.
(B) After receipt of recommendations referred to in subparagraph (A), the Secretary of the Interior shall make such comments and recommendations available to the public and provide an opportunity for submission of written comments.
(d) REVIEW BY THE FEDERAL TRADE COMMISSION; EFFECT ON THE ANTITRUST LAWS.—(1) Promptly after he receives an application for a proposed crude oil transportation system eligible for consideration under this title, the Secretary of the Interior shall submit to the Federal Trade Commission a copy of such application and such other information as the Commission may reasonably require. The Commission may prepare and submit to the President a report on the impact of implementation of such application upon competition and restraint of trade and on whether such implementation would be inconsistent with the antitrust laws. Such report shall be made available to the public. Nothing in this subsection shall be construed to prevent the President from making his decision under section 507(a) in the absence of such report.
(2) Nothing in this title shall bar the Attorney General or any other appropriate officer or agent of the United States from challenging any anticompetitive act or practice related to the ownership, construction, or operation of any crude oil transportation system approved under this title. The approval of any such system under this title shall not be deemed to convey to any person immunity from civil or criminal liability or to create defenses to actions under the antitrust laws and shall not modify or abridge any private right of action under such laws.
(e) FILING AND REVIEW OF PERMITS, RIGHTS-OF-WAY APPLICATIONS, ETC., NoT AFFECTED. Nothing in this title shall be construed to prevent the acceptance and review by any Federal agency of any application for any Federal permit, right-of-way, or other authorizations under other provisions of law for a crude oil transportation system eligible for consideration under this title; except that any determination with respect to such an application may be made only in accordance with the provisions of section 509(a). [43 U.S.C. 2005] SEC. 506. ENVIRONMENTAL IMPACT STATEMENTS.
(a) PREPARATION OF ENVIRONMENTAL IMPACT STATEMENTS.-Any Federal agency required under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) to issue an environmental impact statement concerning a proposed crude oil transportation system eligible for consideration under this title shall, in preparing such statement, utilize, to the maximum extent practicable and consistent with such Act, appropriate data, analyses, conclusions, findings, and decisions regarding environmental impacts developed or made by any other Federal or State agency.
(b) FILING OF ENVIRONMENTAL IMPACT STATEMENTS.—On or before December 1, 1978, all environmental impact statements concerning proposed crude oil transportation systems eligible for consideration under this title and required under section 102 of the National Environmental Policy Act of 1969 shall be completed, made available for public review and comment, revised to the extent appropriate in light of such comment, and submitted to the President and the Council on Environmental Quality; except that in the case of any environmental impact statement concerning any crude oil transportation system which is eligible for consideration and which was filed under section 504(2) of this title, such actions may be taken not later than 60 days after December 1, 1978.
(c) REPORT OF THE COUNCIL ON ENVIRONMENTAL QUALITY. – Promptly after receiving an environmental impact statement referred to in subsection (b) for a crude oil transportation system, the
Council on Environmental Quality shall submit to the President a report on the Council's opinion concerning such statement and concerning other matters related to the environmental impact of such system. [43 U.S.C. 2006] SEC. 507. DECISION OF THE PRESIDENT.
(a) DECISION CONCERNING APPROVAL OR DISAPPROVAL OF PROPOSED SYSTEMS.-(1) After reviewing all the information submitted to him concerning the various proposed crude oil transportation systems eligible for consideration under this title (including environmental impact statements, comments, reports, recommendations, and other information submitted to him at any time before he makes his decision) and after consulting the Secretaries of Energy, the Interior, and Transportation, the President shall decide which, if any, of such systems shall be approved for the purposes of section 508 (relating to procedures for waiver of law), section 509 (relating to expedited procedures for issuance of permits), section 510 (relating to negotiations with the Government of Canada), and section 511 (relating to judicial review). A decision approving a crude oil transportation system may include such modifications and alterations in such system as the President finds appropriate. The President shall issue his decision within 45 days after receiving recommendations and comments submitted to him under section 505(c), except that the President, for such period as he deems necessary, but not to exceed 60 days, may delay his decision and its issuance if he determines that additional time is otherwise necessary to enable him to make a decision. If the President so delays his decision, he shall promptly notify the House of Representatives and the Senate of such delay and shall submit a full explanation of the basis for such delay.
(2) Any decision made under this subsection approving a system proposed under this title shall include a determination that construction and operation of such system is in the national interest and shall be based upon the criteria specified in subsection (b).
(b) CRITERIA.—(1) The criteria for making a decision under this subsection shall include findings of
(A) environmental impacts of the proposed systems and the capability of such systems to minimize environmental risks resulting from transportation of crude oil;
(B) the amount of crude oil available to northern tier States and inland States and the projected demand in those States under each of such systems;
(C) transportation costs and delivered prices of crude oil by region under each of such systems;
(D) construction schedules for each of such systems and possibilities for delay in such schedules;
(E) feasibility of financing for each of such systems;
(F) capital and operating costs of each of such systems, including an analysis of the reliability of cost estimates and the risk of cost overruns;
(G) net national economic costs and benefits of each such system;
(H) the extent to which each system complies with the provisions of section 410 of the Act approved November 16, 1973 (87