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 PUBLIC LAW 94-583—OCT. 21, 1976

90 STAT. 2895

Columbia, to the attention of the Director of Special Consular Services—and the Secretary shall transmit one copy of the papers through diplomatic channels to the foreign state and shall send to the clerk of the court a certified copy of the diplomatic note indicating when the papers were transmitted. As used in this subsection, a 'notice of suit' shall mean a notice "Notice of suit." addressed to a foreign state and in a form prescribed by the Secretary of State by regulation. "(b) Service in the courts of the United States and of the States shall be made upon an agency or instrumentality of a foreign state: "(1) by delivery of a copy of the summons and complaint in accordance with any special arrangement for service between the plaintiff and the agency or instrumentality; or "(2) if no special arrangement exists, by delivery of a copy of the summons and complaint either to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process in the United States; or in accordance with an applicable international convention on service of judicial documents; or "(3) if service cannot be made under paragraphs (1) or (2), and if reasonably calculated to give actual notice, by delivery of a copy of the summons and complaint, together with a translation of each into the official language of the foreign state— "(A) as directed by an authority of the foreign state or political subdivision in response to a letter rogatory or request or "(B) by any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the agency or instrumentality to be served, or "(C) as directed by order of the court consistent with the law of the place where service is to be made. ' "(c) Service shall be deemed to have been made— "(1) in the case of service under subsection (a)(4), as of the date of transmittal indicated in the certified copy of the diplomatic note; and "(2) in any other case under this section, as of the date of receipt indicated in the certification, signed and returned postal receipt, or other proof of service applicable to the method of service employed. "(d) In any action brought in a court of the United States or of a State, a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state shall serve an answer or other responsive pleading to the complaint within sixty days aft(r service has been made under this section. "(e) No judgment by default shall be entered by a court of the United States or of a State against a foreign state, a political subdivision thereof, or an agency or instrumentality of a foreign state, unless the claimant establishes his claim or right to relief by evidence satisfactory to the court. A copy of any such default judgment shall be sent to the foreign state or political subdivision in the manner prescribed for service in this section. "§ 1609. Immunity from attachment and execution of property of 28 USC 1609. a foreign state "Subject to existing international agreements to which the United States is a party at the time of enactment of this Act the property

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 90 STAT. 2896

28 USC 1610.

^

PUBLIC LAW 94-583—OCT. 21, 1976 in the United States of a foreign state shall be immune from attachment arrest and execution except as provided in sections 1610 and 1611 of this chapter. «§ 1610. Exceptions to the immunity from attachment or execution " (a) The property in the United States of a foreign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if— "(1^ the foreign state has waived its immunity from attachment in aid of execution or from execution either explicitly or by implication, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, or "(2) the property is or was used for the commercial activity upon which the claim is based, or "(3) the execution relates to a judgment establishing rights in property which has been taken in violation of international law or which has been exchanged for property taken in violation of international law, or "(4) the execution relates to a judgment establishing rights in property— "(A) which is acquired by succession or gift, or "(B) which is immovable and situated in the United States: Provided. That such property is not used for purposes of maintaining a diplomatic or consular mission or the residence of the Chief of such mission, or "(5) the property consists of any contractual obligation or any proceeds from such a contractual obligation to indemnify or hold harmless the foreign state or its employees under a policy of automobile or other liability or casualty insurance covering the claim which merged into the judgment. "(b) In addition to subsection (a), any property in the United States of an agency or instrumentality of a foreign state engaged in commercial activity in the United States shall not be immune from attachment in aid of execution, or from execution, upon a judgment entered by a court of the United States or of a State after the effective date of this Act, if— "(1) the agency or instrumentality has waived its immunity from attachment in aid of execution or from execution either explicitly or implicitly, notwithstanding any withdrawal of the waiver the agency or instrumentality may purport to effect except in accordance with the terms of the waiver, or "(2) the judgment relates to a claim for which the agency or instrumentality is not immune by virtue of section 1605(a)(2), (3), or (5), or 1605(b) of this chapter, regardless of whether the property is or was used for the activity upon which the claim is based. "(c) No attachment or execution referred to in subsections (a) and (b) of this section shall be permitted until the court has ordered such attachment and execution after having determined that a reasonable period of time has elapsed following the entry of judgment and the giving of any notice required under section 1608(e) of this chapter.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1429

 PUBLIC LAW 94-583—OCT. 21, 1976

90 STAT. 2897

"(d) The property of a foreign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment prior to the entry of judgment in any action brought in a court of the United States or of a State, or prior to the elapse of the period of time provided in subsection (c) of this section, if— " (1) the foreign state has explicitly waived its immunity from attachment prior to judgment, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver, and "(2) the purpose of the attachment is to secure satisfaction of a judgment that has been or may ultimately be entered against the foreign state, and not to obtain jurisdiction. "§ 1611. Certain types of property immune from execution 28 USC 1611. " (a) Notwithstanding the provisions of section 1610 of this chapter, the property of those organizations designated by the President as being entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act shall not 22 USC 288 note, be subject to attachment or any other judicial process impeding the disbursement of funds to, or on the order of, a foreign state as the result of an action brought in the courts of the United States or of the States. "(b) Notwithstanding the provisions of section 1610 of this chapter, the property of a foreign state shall be immune from attachment and from execution, if— " (1) the property is that of a foreign central bank or monetary authority held for its own account, unless such bank or authority, or its parent foreign government, has explicitly waived its immunity from attachment in aid of execution, or from execution, notwithstanding any withdrawal of the waiver which the bank, authority or government may purport to effect except in accordance with the terms of the waiver; or "(2) the property is, or is intended to be, used in connection with a military activity and " (A) is of a military character, or "(B) is under the control of a military authority or defense agency." (b) That the analysis of "PART IV.—JURISDICTION AND VENITE" of title 28, United States Code, is amended by inserting after— "95. Customs Court.",

the following new item: "97. Jurisdictional Immunities of Foreign States.".

SEC. 5. That section 1391 of title 28, United States Code, is amended Venue, by adding at the end thereof the following new subsection: "(f) A civil action against a foreign state as defined in section 1603 (a) of this title may be brought— "(1) in any judicial district in which a substantial part of the events or omissions giving ris6 to the claim occurred, or a substantial part of property that is the subject of the action is situated; "(2) in any judicial district in which the vessel or cargo of a foreign state is situated, if the claim is asserted under section 1605(b) of this title;

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 90 STAT. 2898

Actions removable.

28 USC 1446. 28 USC 1602 note.

Effective date. 28 USC 1602 note.

PUBLIC LAW 94-583—OCT. 21, 1976 "(3) in any judicial district in which the agency or instrumentality is licensed to do business or is doing business, if the action is brought against an agency or instrumentality of a foreign state as defined in section 1603(b) of this title; or "(4) in the United States District Court for the District of Columbia if the action is brought against a foreign state or political subdivision thereof.". SEC. 6. That section 1441 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: "(d) Any civil action brought in a State court against a foreign state as defined in section 1603(a) of this title may be removed by the foreign state to the district court of the United States for the district and division embracing the place where such action is pending. Upon removal the action shall be tried by the court without jury. Where removal is based upon this subsection, the time limitations of section 1446(b) of this chapter may be enlarged at any time for cause shown.". SEC. 7. If any provision of this Act or the application thereof to any foreign state is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SEC. 8. This Act shall take effect ninety days after the date of its enactment. Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1487 (Comm. on the Judiciary). SENATE REPORT No. 94-1310 accompanying S. 3553 (Comm. on the Judiciary). CONGRESSIONAL RECORD, VoL 122 (1976): Sept. 29, considered and passed House. Oct. 1, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 12, No. 43: Oct. 22, Presidential statement.

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 PUBLIC LAW 94-584^0CT. 21, 1976

90 STAT. 2899

Public Law 94-584 94th Congress An Act To provide for the establishment of constitutions for the Virgin Islands and Guam.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Congress, recognizing the basic democratic principle of government by the consent of the governed, authorizes the peoples of the Virgin Islands and of Guam, respectively, to organize governments pursuant to constitutions of their own adoption as provided in this Act. SEC. 2. (a) The Le^slatures of the Virgin Islands and Guam, respectively, are authorized to call constitutional conventions to draft, within the existing territorial-Federal relationship, constitutions for the local self-government of the people of the Virgin Islands and Guam. (b) Such constitutions shall— (1) recognize, and be consistent with, the sovereignty of the United States over the Virgin Islands and Guam, respectively, and the supremacy of the provisions of the Constitution, treaties, and laws of the United States applicable to the Virgin Islands and Guam, respectively, including, but not limited to, those provisions of the Organic Act and Revised Organic Act of the Virgin Islands and the Organic Act of Guam which do not relate to local self-government. (2) provide for a republican form of government, consisting of three branches: executive, legislative, and judicial; (3) contain a bill of rights; (4) deal with the subject matter of those provisions of the Revised Organic Act of the Virgin Islands of 1954, as amended, and the Organic Act of Guam, as amended, respectively, which relate to local self-government; (5) with reference to Guam, provide that the voting franchise may be vested only in residents of Guam who are citizens of the United States; (6) provide for a system of local courts consistent with the provisions of the Revised Organic Act of the Virgin Islands, as amended; and (7) provide for the establishment of a system of local courts the provisions of which shall become effective no sooner than upon the enactment of legislation regulating the relationship between the local courts of Guam with the Federal judicial system. SEC. 3, The members of such constitutional conventions shall be chosen as provided by the laws of the Virgin Islands and Guam, respectively (enacted after the date of enactment of this Act): Provided, however, That no person shall be eligible to be a member of

Oct. 21, 1976 [H.R. 9460] Virgin Islands and Guam. Constitutions. 48 USC 1391 note. 48 USC 1391 note.

48 USC 1406m, 1541 note. 48 USC 1421 note.

48 USC 1391 note.

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 '^: 90 STAT. 2900

Proposed constitutions, submittal to governors and President. 48 USC 1391 note. Transmittal to Congress. 48 USC 1391 note.

Submittal to voters.

PUBLIC LAW 94-584—OCT. 21, 1976 the constitutional conventions, unless he is a citizen of the United States and qualified to vote in the Virgin Islands and Guam, respectively. SEC. 4. The conventions shall submit to the Governor of the Virgin Islands a proposed constitution for the Virgin Islands and to the Governor of Guam a proposed constitution for Guam which shall comply with the requirements set forth in section 2(b) above. Such constitutions shall be submitted to the President of the United States by the Governors of the Virgin Islands and Guam. SEC. 5. Within sixty c^endar days after the respective date on which he has received each constitution, the President shall transmit such constitution together with his comments to the Congress. The constitution, in each case, shall be deemed to have been approved b^ the Congress within sixty days after its submission by the President, unless prior to that date the Congress has approved the constitution, or modified or amended it, in whole or in part, by joint resolution. As so approved or modified, the constitutions shall be submitted to the qualified voters of the Virgin Islands and Guam, respectively, for acceptance or rejection through islandwide referendums to be conducted as provided under the laws of the Virgin Islands and Guam, respectively, (enacted after the date of enactment of this Act). Upon approval by not less than a majority of the voters (counting only the affirmative or negative votes) participating in such referendums, the constitutions shall become effective in accordance with their terms. Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-507 and No. 94-507 pt. 2 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1033 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 6, considered and passed House. Vol. 122 (1976): July 20, considered and passed Senate, amended. Sept. 22« House concurred in Senate amendment with an amendment. Oct. 1, Senate agreed to House amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1433

 PUBLIC LAW 94-585—OCT. 21, 1976

90 STAT. 2901

Public Law 94-585 94th Congress An Act To amend the Social Security Act with respect to food stamp purchases by welfare recipients.

Oct. 21, 19 <o [H.R. 13500]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Food stamps., FOOD STAMP DISTRIBUTION TO AFDC F A M I U E S

That (a) Part A of title IV of the Social Security Act is amended by adding at the end thereof the following new section: u rOOD STAMP DISTRIBUTION

"SEC. 410. (a) Any State plan for aid and services to needy families with children may (but is not required under this title or any other provision of Federal law to) provide for the institution of procedures, in any or all areas of the State, by the State agency administering or supervising the administration of such plan under which any household participating in the food stamp program established by the Food Stamp Act of 1964, as amended, will be entitled, if it so elects, to have the charges, if any, for its coupon allotment under such program deducted from any aid, in the form of money payments, which is (or, except for the deduction of such charge, would be) payable to or with respect to such household (or any member or members thereof) under such plan and have its coupon allotment distributed to it with such aid. "(b) Any deduction made pursuant to an option provided in accordance with subsection (a) shall not be considered to be a payment described in section 406(b)(2). "(c) Notwithstanding any other provision of law, no agency which is designated as a State agency for any State under or pursuant to the Food Stamp Act of 1964, as amended, shall be regarded as having failed to comply with any requirement imposed by or pursuant to such Act solely because of the failure, of the State agency administering or supervising the administration of the State plan (approved under this part) of such State, to institute or carry out a procedure, described in subsection (a).". (b) Administrative costs incurred by a State plan for aid and services to needy families with children, approved under Part A of title IV of the Social Security Act, in conducting procedures (described in section 410 of such Act, as added by subsection (a) of this section) in connection with the food stamp program shall be paid from funds appropriated to carry out the Food Stamp Act of 1964, as amended. SEC. 2. (a) Title X VI of the Social Security Act is amended by adding immediately after section 1617 the following new section:

42 USC 610. ^ 7 USC 20'11 ^^ot^-

42 USC 606.

42 USC 610 note, 42 USC 601.

a OPERATION o r STATE SUPPLEMENTATION PROGRAMS

"SEC. 1618. (a) In order for any State which makes supplementary 42 USC 1382g. payments of the type described in section 1616(a) (including pay- 42 USC 1382e.

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 90 STAT. 2902 87 Stat. 155. 42 USC 1396.

42 USC 1382f.

42 USC 1382e note.

Effective date. 42 USC 1382g note.

PUBLIC LAW 94-585—OCT. 21, 1976 ments pursuant to an agreement entered into under section 212(a) of Public Law 93-66), on or after June 30, 1977, to be eligible for payments pursuant to title X IX with respect to expenditures for any calendar quarter which begins— ^'(1) after June 30, 1977, or, if later, "(2) after the calendar quarter in which it first makes such supplementary payments, such State must have in effect an agreement with the Secretary whereby the State will— "(3) continue to make such supplementary payments, and "(4) maintain such supplementary payments at levels which are not lower than the levels of such payments in effect in December 1976, or, if no such payments were made in that month, the levels for the first subsequent month in which such payments were made. "(b) The Secretary shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its supplementary payments for a particular month or months if the State's expenditures for such payments in the twelve-month period (within which such month or months fall) beginning on the effective date of any increase in the level of supplemental security income benefits pursuant to section 1617 are not less than its expenditures for such payments in the preceding twelve-month period.". (b) Section 401(a)(2) of the Social Security Amendments of 1972 is amended— (1) by inserting "(subject to the second sentence of this paragraph)" immediately after "Act" where it first appears in subparagraph (B),and (2) by adding at the end thereof the following new sentence: "In determining the difference between the level specified in subparagraph (A) and the benefits and income described in subparagraph (B) there shall be excluded any part of any such benefit which results from (and would not be payable but for) any cost-of-living increase in such benefits under section 1617 of such Act (or any general increase enacted by law in the dollar amounts referred to m such section) becoming effective after June 30, 1977.". (c) The provisions of this section shall be effective with respect to benefits payable for months after June 1977. Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1210 (Comm. on Ways and Means). SENATE REPORT No. 94-1345 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 122 (1976): June 8, considered and passed House. Oct. 1, considered and passed Senate, amended; House concurred in Senate amendments. WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 12, No. 44: Oct. 22, Presidential statement.

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 PUBLIC LAW 94-586—OCT. 22, 1976

90 STAT. 293

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 by the Senate and House of Representatives of the United States of Atnerlca in Congress assembled, SHORT TITLE

1. This Act may be cited as the "Alaska Natural Gas Transportation Act of 1976". SECTION

CONGRESSIONAL

Oct. 22, 1976 [S. 3521]

Alaska Natural Gas Transportation Act of 1976. 15 USC 719 note.

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 transportation 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 relations, 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, construction, and initial operation'of such a system.

15 USC 719.

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 construction 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 limitation 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.

15 USC 719a.

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 90 STAT. 2904

PUBLIC LAW 94-586—OCT. 22, 1976 DEFINITIONS

15 USC 719b.

%;

jf

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. FEDERAL POWER COMMISSION REVIEWS AND REPORTS

Proceedings, suspension. 15 USC 719c. 15 USC 717w.

Recommendfltion, submittal to President.

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 natural 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 forthwith vacate proceedings suspended under paragraph (1) and, pursuant 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 suspension provided for in paragraph (1) of this subsection shall be removed. (b)(1) The Commission shall review all applications for the issuance 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 concerning the selection of such a transportation system. Such recommendation 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 President approve a particular transportation system shall (A) include a description of the nature and route of the system, (B) designate

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 PUBLIC LAW 94-586—OCT. 22, 1976 a person to construct and operate the 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) if such recommendation is for an all-land pipeline transportation system, or a transportation system involving water transportation, include provision for new facilities to the extent necessary to assure direct pipeline 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 data, views, and arguments before the Commission or a delegate of the Commission pursuant to such procedures as the Commission determines to be appropriate to carry out its responsibilities under paragraph (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 from any Federal agency as the Commission determines to be necessary or appropriate to carry out its responsibilities 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 subsection (b)(1) with a report, which shall be available to the public, 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 available to each region of the United States directly, or indirectly 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. 2905

Rule,

Cooperation,

Report, public availability,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1438

 90 STAT. 2906

Transportation system recommendation, submittal to President. 15 USC 717w. Environmental impact statement, submittal to President.

PUBLIC LAW 94-586—OCT. 22, 1976 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 section 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 operations which are proposed to be encompassed within the term "construction 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 determines to be appropriate for inclusion in a certificate of public convenience and necessity to be issued respecting such system. The Commission shall submit to the President contemporaneously with its report an environmental impact statement prepared respecting the recommended system, if any, and each environmental impact statement which may have been prepared respecting any other system reported on under this section. OTHER REPORTS

Comments, submittal to President. 15 USC 719d. Public availability.

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 methods 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 schedule 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

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 PUBLIC LAW 94-586—OCT. 22, 1976 (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 person 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 conjunction with any decision of the President which designates a system for approval. (d) Following receipt by the President of the Commission's recommendations, the Council on Environmental Quality shall afford interested persons an opportunity to present oral and written data, views, and arguments respecting the environmental impact statements 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 concerning 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.

90 STAT. 2907

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 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 consideration 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 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 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 system. The President shall promptly, but in no case any later than September 1, 1977, notify the House of Representatives and the

15 USC 719e.

Transmittal to Congress, delay,

Notice to Congress.

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 90 STAT. 2908

Notice to Congress.

Chairman, appointment.

Joint surveillance and monitoring agreement, establishment.

PUBLIC LAW 94-586—OCT. 22, 1976 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 5 and 6. 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 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 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 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 consent 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 construction schedules and the achievement of quality of construction, cost control, safety, and environmental protection objectives and the results obtained therefrom;

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 PUBLIC LAW 94-586—OCT. 22, 1976 (D) have the power to compel, by subpena if necessary, submission 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 control, safety and environmental protection objectives have been achieved. (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 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 reference 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 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) 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 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) 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).

90 STAT. 2909

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.

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 90 STAT. 2910

'Resolution.'

42 USC 4321 note.

Referral to congressiona committees.

PUBLIC LAW 94-586—OCT. 22, 1976 (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 Representatives 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 resolutions described by paragraph (2) of this subsection; and it supersedes 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 procedure 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 decision 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 transportation system shall be referred to the same committee or committees) by the President of the Senate or the Speaker of the House of Representatives, 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 discharge such committee from consideration of any other resolution with respect to such Presidential decision on an Alaska natural gas transportation system which has been referred to such committee.

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90 STAT. 2911

(B) A motion to discharge may be made only by an individual Debate favoring the resolution, shall be highly privileged (except that it may limitation. not be made after the committee has reported a resolution with respect to the same Presidential decision on an Alaska natural gas transportation system), and debate thereon shall bo limited to not more than 1 hour, to be divided equally between those favoring and those opposing 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 amendment 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 without debate. (B) Appeals from the decision of the Chair relating to the application 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 Environmental Policy Act of 1969. Such finding shall be set forth in the 42 USC 4321 report of the President submitted under section 7. The President may note. 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 contemporaneously with the transmittal to the Senate and House of Representatives 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 Report, submittal to the Congress under section 7(b) or under subsection (b) of this to Congress. 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.

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 90 STAT. 2912 Hearings. Report, submittal to Congress.

Congressional committee hearings.

Waiver, submittal to Congress.

PUBLIC LAW 94-586—OCT. 22, 1976 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 submitted 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 proposed 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 the House of Representatives and Senate approve the waiver of the provision of law as proposed by the President, submitted to the Congress on, 19." The first 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 USC 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. (bf All actions of a Federal officer or agency with respect to consideration 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

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 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 transportation system or those the inclusion of which would otherwise prevent or impair in any significant respect the expeditious construction 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 Constitution 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 complaint 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

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 90 STAT. 2914

PUBLIC LAW 94-586—OCT. 22, 1976

Special Court. 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 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 completed at the earliest possible date, shall, to the greatest extent practicable, 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 requireUSC 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 42 USC 4321 Policy Act of 1969. note. SUPPLEMENTAL ENFORCEMENT AUTHORITY Compliance order or civil action. 15 USC 719i.

Gvil penalty.

Jurisdiction.

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 condition of any certificate, right-of-way, permit, lease, or other authorization, 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 reasonable 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. (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 order issued under subsection (a). Any action under this subsection may be brought in any district court of the United States for the district 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. EXPORT LIMrrATIONS

15 USC 719j. 15 USC 717w.

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

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 PUBLIC LAW 94-586—OCT. 22, 1976

90 STAT. 2915

Policy and Conservation Act, except that in addition to the require- 42 USC 6212. 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 Presidential such exports will not diminish the total quantity or quality nor finding, publication. increase the total price of energy available to the United States. EQUAL ACCESS TO EACILITIES

SEC. 13. (a) There shall be included in the terms of any certificate, 15 USC 719k. permit, right-of-way, lease, or other authorization issued or granted pursuant to the directions contained in section 9 of this Act, a provision 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 necessary 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. ANTITRUST LAWS

SEC. 14. Nothing in this Act, and no action taken hereunder, shall 15 USC 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 USC 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 USC 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 Discrimination, action as is necessary to assure that no person shall, on the grounds prohibition. of race, creed, color, national origin, or sex, be excluded from receiv- 15 USC 7190. 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 Rules. shall promulgate such rules as are necessary to carry out the purposes of this section and may enforce this section, and any rules promulgated 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. 42 USC 2000d.

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 90 STAT. 2916

PUBLIC LAW 94-586—OCT. 22, 1976 REPORT ON THE EQUITABLE ALLOCATION OF NORTH SLOPE CRUDE OIL

Report to A?'i^«fr*' 43 USC 1651 ^^ ^' 43 USC 1651 °^*

SEC. 18. Within 6 months of the date of enactment of this Act, ^^^ President shall determine what special expediting procedures are 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 carry out the jjrovisions of section 410 of Public Law 93-153 and shall report his findings to the Congress. In his report, the President shall identify the specific provisions of law, which relate to any determination 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 Federal 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 USC 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 USC 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 termination 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 (Comm. 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.

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 PUBLIC LAW 94-587—OCT. 22, 1976

90 STAT. 2917

Public Law 94-587 94th Congress An Act Authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes.

Oct. 22, 1976 [S. 3823]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Water Resources SECTION 101. (a) The Secretary of the Army, acting through the Development Act Chief of Engineers, is hereby authorized to undertake the phase I ^^ l^^^design memorandum stage of advanced engineering and design of the following water resources development projects, substantially in accordance with, and subject to the conditions recommended by the Chief of Engineers in, the reports hereinafter designated. MIDDLE A T L A N T I C COASTAL REGION

The project for beach erosion control, navigation, and storm protection from Hereford Inlet to the Delaware Bay entrance to the Cape May Canal, New J e r s e y: Report of the Chief of Engineers dated September 30, 1975, at an estimated cost of $2,062,000. The project for beach erosion control, navigation, and storm protection from Barnegat Inlet to Longport, New J e r s e y: Report of the Chief of Engineers dated October 24, 1975, at an estimated cost of $2,396,000. W A L L K I L L RIVER B A S I N

The project for flood control of the Black D i r t Area, Wallkill River, New York and New J e r s e y: House Document Numbered 94-499, at an estimated cost of $330,000. PASSAIC RIVER B A S I N

The project for flood control in the Passaic River Basin, New Jersey and New Y o r k: Report of the Chief of Engineers dated February 18, 1976, at an estimated cost of $12,000,000. SUSQUEHANNA RIVER B A S I N

The project for flood control at Lock Haven, Pennsylvania: House Document Numbered 94-577, at an estimated cost of $430,000., The project for flood control at W y o m i n g Valley, Susquehanna River, Luzerne County, Pennsylvania: House Document Numbered 94-482, at an estimated cost of $450,000. J A M E S RIVER B A S I N

The project for flood control at Richmond, V i r g i n i a: Report of the Chief of Engineers dated January 7, 1976, at an estimated cost of $800,000. S O U T H A T L A N T I C COASTAL REGION

The project for navigation at Brunswick H a r b o r, Georgia: Report of the Chief of Engineers dated August 18, 1976, at an estimated cost of $300,000, except that the Secretary of the Army, acting through

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 90 STAT. 2918

PUBLIC LAW 94-587—OCT. 22, 1976 the Chief of Engineers, shall include as part of the phase I study consideration of dredging a navigation channel to Colonel's Island. COOPER KIVER BASIN

The project for navigation improvements at Charleston Harbor, South Carolina: House Document Numbered 94-436, at an estimated cost of $500,000. COMMONWEALTH or PUERTO RICO

The project for navigation improvements at San Juan Harbor, Puerto Rico: House Document Numbered 94-574, at an estimated cost of $300,000. UPPER MISSISSIPPI RIVER BASIN

The project for local flood protection and other purposes at La Crosse, Wisconsin, on the Mississippi River: House Document Numbered 94-598, at an estimated cost of $400,000. GREAT LAKES BASIN

88 Stat. 28. 33 USC 426e.

The project for beach erosion control for Presque Isle Peninsula at Erie, Pennsylvania: Report of the Chief of Engineers dated April 8, 1976, at an estimated cost of $700,000. At the expiration of the authorization provided in section 57 of the Water Resources Development Act of 1974, the Secretary of the Army, acting through the Chief of Engineers, may provide periodic beach nourishment in accordance with the cost sharing provisions of section 103(a)(2) of the Act of October 23, 1962 (76 Stat. 1178). The project for flood control and other purposes on Little Calumet River in Indiana: Report of the Chief of Engineers dated July 19, 1976, at an estimated cost of $1,400,000. SIUSLAW RIVER

The project for navigation improvements on the Siuslaw River and Bar at Siuslaw, Oregon: In accordance with the final report of the Chief of Engineers, at an estimated cost of $50,000. This shall take effect upon submittal to the Secretary of the Army by the Chief of Engineers and notification to Congress of the approval of the Chief of Engineers. PAPILLON CREEK BASIN

The project for local flood protection on Papillon Creek at Omaha, Nebraska: In accordance with the final report of the Chief of Engineers, at an estimated cost of $75,000. This shall take effect upon submittal to the Secretary of the Army by the Chief of Engineers and notification to Congress of the approval of the Chief of Engineers. OHIO RIVER BASIN

The project for abatement of acid mine drainage in the Clarion River Basin, Pennsylvania: Report of the Secretary of the Army dated April 1971, entitled, "Development of Water Resources in Appalachia", at an estimated cost of $600,000.

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 PUBLIC LAW 94-587—OCT. 22, 1976 LOWER M I S S I S S I P P I RIVER

BASIN

The project for flood protection for St. J o h n s Bayou and New M a d r i d Floodway, Missouri: E e p o r t of the Chief of Engineers dated September 26, 1975, at an estimated cost of $300,000. The project for flood protection for Nonconnah Creek, Tennessee and Mississippi: E e p o r t of the Chief of Engineers dated June 23, 1976, and as an independent part of this project, improvements for flood control and allied purposes on H o r n L a k e Creek and tributaries, including Cowpen Creek, Tennessee and Mississippi, at an estimated cost of ^00,000. TEXAS GITLF COAST R E G I O N

The project for n a t u r a l salt pollution control in the Brazos R i v e r: Report of the Chief of Engineers dated June 1, 1976, at an estimated cost of $650,000. R i o GRANDE

BASIN

The project for flood control and other purposes, on the Rio G r and e and Rio Salado (Rio P u e r c o), New Mexico: Report of the Chief of Engineers dated September 27, 1976, at an estimated cost of $1,500,000. MISSOURI RIVER

BASIN

The project for flood protection for Jefferson City on W e a r s Creeks, Missouri: Report of the Chief of Engineers dated October 21, 1975, at an estimated cost of $50,000. COLUMBIA RIVER

BASIN

The project for construction and installation of a second powerhouse at McNary Lock and Dam, Columbia River, Oregon and Washington: Report of the Chief of Engineers dated June 29, 1976, at an estimated cost of $1,800,000. PEMBINA RIVER

BASIN

The project for flood control on the Pembina River at Walhalla, North D a k o t a: Report of the Division Engineer dated May 24, 1976, at an estimated cost of $930,000. T h i s shall take effect upon submittal to the Secretary of the Army by the Chief of Engineers and notification to Congress of the approval of the Chief of Engineers. CALLEGUAS C R E E K

BASIN

The project for flood control and other purposes on Calleguas Creek, Simi Valley to Moorpark, Ventura County, California: Report of the Chief of Engineers dated June 21, 1976, a t an estimated cost of $1,060,000. SACRAMENTO-SAN J O A Q U I N

BASIN

The project for flood control and other purposes on Morrison Creek Stream Group, California: Report of the Chief of Engineers dated March 2, 1976, at an estimated cost of $750,000. NORTH-EASTERN A T L A N T I C COASTAL R E G I O N

The project for navigation improvements in New London H a r b o r and Thames River at New London, Connecticut: Report of the Chief

90 STAT. 2919

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 90 STAT. 2920

PUBLIC LAW 94-587—OCT. 22, 1976 of Engineers dated February 20, 1975, at an estimated cost of $8,022,000. EP:D RIVER OF THE NORTH

BASIN

The project for local jflood protection at Grafton, North Dakota, on the P a r k R i v e r: Report of the Chief of Engineers dated June 11, 1976, at an estimated cost of $10,973,000. (b) The Secretary of the Army is authorized to undertake advanced engineering and design for the projects in subsection (a) of this section after completion of the phase I design memorandum stage of Finding, such projects. Such advanced engineering and design may be undertransmittal to taken only upon a finding by the Chief of Engineers, transmitted to congressional the Committees on Public W o r k s of the Senate and Public W o r k s and committees. Transportation of the House of Representatives, that the project is without substantial controversy, that it is substantially in accordance with and subject to the conditions recommended for such project in this section, and that the advanced engineering and design will be compatible with any project modifications which may be under conAppropriation sideration. There is authorized to carry out this subsection not to authorization. exceed $5,000,000. No funds appropriated under this subsection may be used for land acquisition or commencement of construction. Transmittal to (c) Whenever the Chief of Engineers transmits his recommendacongressional tions for a water resources development project to the Secretary of committee. the Army for transmittal to the Congress, as authorized in the first 33 USC 701-1. section of the Act of December 22, 1944, the Chief of Engineers is authorized to undertake the phase I design memorandum stage of advanced engineering and design of such project if the Chief of Engineers finds and transmits to the Committees on Public W o r k s and Transportation of the Plouse of Representatives and Public Works of the Senate, that the project is without substantial controversy and justifies further engineering, economic, and environmental invesTermination date. tigations. Authorization for such phase I work for a project shall terminate on the date of enactment of the first W a t e r Resources Development Act enacted after the date such work is first authorized. There Appropriation authorization. is authorized to carry out this subsection not to exceed $4,000,000 per fiscal year for each of the fiscal years 1978 and 1979. SEC. 102. Sections 201 and 202 and the last three sentences in sec33 USC 701c tion 203 of the Flood Control Act of 1968 shall apply to all projects note, 701-1 note. authorized in this section. The following works of improvement for 82 Stat. 739. I he benefit of navigation and the control of destructive flood waters and other purposes are hereby adopted and authorized to be prosecuted by the Secretary of the Army, acting through the Chief of Engineers, substantially in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated. U P P E R MISSISSIPPI RIVER B A S I N

The project for local flood protection and other purposes at Chaska, Minnesota, on the Minnesota R i v e r: Report of the Chief of E n g i neers dated May 12, 1976, at an estimated cost of $10,498,000. J A M E S RIVER B A S I N

The project for flood control at the Richmond, Virginia, filtration p l a n t: House Document Numbered 94-543, at an estimated cost of $4,617,000.

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 PUBLIC LAW 94-587—OCT. 22, 1976

90 STAT. 2921

LOWER MISSISSIPPI KIVER BASIN

The project for flood control for Harris Fork Creek, Tennessee and Kentucky: House Document Numbered 94—221, except that highway bridge relocations and alterations required for the project shall be at Federal expense, at an estimated cost of $5,000,000. NECHES BASIN

The project for salt water control on the Neclies River and Tributaries, Salt Water Barrier at Beaumont, Texas: Report of the Chief of Engineers dated April 12, 1976, at an estimated cost of $14,300,000, except that the non-Federal share for such project shall not exceed $2,100,000. WESTERN COASTAL REGION

The project for navigation in Los Angeles-Long Beach Harbors, California: House Document Numbered 94-594, at an estimated cost of $16,850,000. COLUMBIA RIVER BASIN

Fish and Wildlife Compensation Plan for the Lower Snake River, Washington and Idaho, substantially in accordance with a report on file with the Chief of Engineers, at an estimated cost of $58,400,000. SEC. 103. The flood control project for San Antonio Channel improvement, Texas, authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 1260) as a part of the comprehensive plan for flood protection on the Guadalupe and San Antonio Rivers, Texas, is hereby modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to construct such additional flood control measures as are needed to preserve and protect the Espada Acequia Aqueduct, located in the vicinity of Six Mile Creek, at an estimated Federal cost of $2,050,000. Construction of such flood control measures shall be subject to the same conditions of local cooperation as required for the existing flood control project. SEC. 104. The project for flood protection on the Minnesota River at Mankato and North Mankato, Minnesota, authorized by section 203 of the Flood Control Act of 1958, as modified,_is hereby further modified to provide that changes to the highway bridges in MankatoNorth Mankato at United States Highway 169 over the Blue Earth River and at Main Street over the Minnesota River, including rightsof-way, changes to approaches and relocations, made necessary by the project and its present plan of protection shall be accomplished at complete Federal expense, at an estimated cost of $8,175,000. SEC. 105. The general comprehensive plan for flood control and other purposes for the White River Basin approved by the Flood Control Act of June 28, 1938, as amended, is hereby modified to provide that an amount not to exceed $6,000,000 may be used for the construction at Beaver Dam, Carroll County, Arkansas, of trout production measures (including a fish hatchery) in compensation for the reduced number of fresh water fish in the White River and other streams in Arkansas which has resulted from the construction of the Beaver Dam and other dams in the State of Arkansas, and for the acquisition of necessary real estate, construction of access roads and utilities, and performance of services related thereto, as deemed appropriate by the Secretary of the Army, acting through the Chief of Engineers.

33 USC 702a-.12 no^.

72 Stat. 305.

52 Stat. 1215.

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 90 STAT. 2922 New London, Conn., project modification.

Non-Federal interest, requirements.

Congressional notification.

Santa Anna River, Calif, project, phase I design stage. Notice to Congress.

PUBLIC LAW 94-587—OCT. 22, 1976 SEC. 106. (a) The project for hurricane-flood control protection at New London, Connecticut, authorized by the Flood Control Act of 1962 (76 Stat. 1180) is hereby modified to delete the Powder IslandBentleys Creek hurricane protection barrier; and to authorize construction of the Shaw Cove hurricane protection barrier, pressure conduit, and pumping station works substantially in accordance with the revised plan "NeAV London Hurricane Protection", dated June 1976, on file in the Office of the Chief of Engineers and estimated to cost $7,745,000; with such modifications as the Chief of Engineers may deem advisable. (b) Prior to initiation of construction of the project, appropriate non-Federal interests shall agree— (1) to provide without cost to the United States all lands, easements, and rights-of-way necessary for construction and operation of the project; (2) to hold and save the United States free from damage due to construction, operation, and maintenance of the project not including damages due to the fault or negligence of the United States or its contractors; (3) to accomplish without cost to the United States all modifications or relocations of existing sewerage and drainage facilities, buildings, utilities, and highways made necessary by construction of the project not to include sewerage and drainage facilities at the line of protection; (4) to maintain and operate all features of the project after completion in accordance with regulations prescribed by the Secretary of the Army; and (5) to bear 30 per centum of the total first cost. (c) Notwithstanding subsection (b) of this section, or any other provision of law, non-Federal interests shall bear no part of the cost of any design for this project rejected or otherwise not accepted by such interests prior to the date of enactment of this section. SEC. 107. Section 107(b) of the River and Harbor Act of 1970 (84 Stat. 1818, 1820), as amended, is further amended by striking out "December 31, 1976" and inserting in lieu thereof "September 30, 1979" and striking out "$9,500,000" and inserting in lieu thereof "$15,968,000". Such section 107(b) is further amended in the second sentence thereof by striking out "environmental and ecological investigation;" and inserting in lieu thereof "environmental and ecological investigations, including an investigation of measures necessary to ameliorate any adverse impacts upon local communities;". SEC. 108. The Secretary of the Army, acting through the Ch^ef of Engineers, is authorized to undertake the phase I design memorandum stage of advanced engineering and design of the Chicagoland unde^.flow plan project for flood control and other purposes in accordance with the report of the Board of Engineers for Rivers and Harbors dated July 27, 1976, at an estimated cost of $12,000,000. This shall take effect upon submittal to the Secretary of the Army by the Chief of Engineers and notification to Congress of the approval of the Chief of Engineers. SEC. 109. The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake the phase I desi^-n memorandum stage of advanced engineering and design of the project for flood control and other purposes on the Santa Ana River, California, in accordance with the recommendations of the division engineer dated February 27, 1976 at an estimated cost of $700,000. This shall take

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 PUBLIC LAW 94-587—OCT. 22, 1976 effect upon submittal to the Secretary of the Army by the Chief of Engineers and notification to Congress of the approval of the Chief of Engineers. SEC. 110. The project for navigation for the Atlantic Intracoastal Waterway Bridges, Virginia and North Carolina, authorized by section 101 of the Rivers and Harbors Act of 1970 (84 Stat. 1818) is hereby modified in accordance with the recommendations of the Chief of Engineers in House Document Numbered 94-597 with respect to Wilkerson Creek Bridge, North Carolina, and Coinjock Bridge, North Carolina, at an estimated cost of $2,875,000. SEC. 111. The project for the Saylorville Reservoir on the Des Moines River, Iowa, authorized by section 203 of the Flood Control Act of 1958 (72 Stat. 310) is hereby modified in accordance with the recommendations of the Chief of Engineers in House Document Numbered 94-487 at an estimated cost of $7,374,000. The Secretary of the Army, acting through the Chief of Engineers, may carry out each segment of such recommendations independently if he deems appropriate. The Secretary of the Army, acting through the Chief of Engineers is further authorized to (1) undertake such measures, including renegotiating existing easements and the acquisition of additional interests in land, as are appropriate to operate Saylorville Lake and Lake Red Rock projects, singly or as a system, to obtain the maximum benefits therefrom in the public interest and to properly indemnify owners of such easements or interests in land; and (2) provide for the full development of campground and other recreation sites and access thereto for the Lake Red Rock and Saylorville Lake projects at Federal cost, including the improvement of existing county or State roads outside the project limits to provide better access into recreation areas. SEC. 112. The project for navigation improvements on Mobile Harbor, Theodore Ship Channel, Alabama, approved by resolutions of the Committee on Public Works of the Senate and the Committee on Public Works of the House of Representatives dated December 15, 1970, is hereby modified in accordance with the report of the Board of Engineers for Rivers and Harbors dated May 28, 1976, at an estimated cost of $42,800,000. SEC. 113. The flood control project for Del Valle Reservoir, Alameda Creek, California, authorized by section 203 of the Flood Control Act of 1962 is hereby modified in accordance with the report of the Chief of Engineers dated July 27, 1976, to increase the contribution made by the United States to the State of California toward the cost of construction, maintenance, and operation from $4,080,000 to $4,650,000. SEC. 114. The project for the replacement of Vermilion Lock, Louisiana, on the Gulf Intracoastal Waterway is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in the report dated August 3, 1976, at an estimated cost of $20,683,000. SEC. 115. The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake the phase I design memorandum stage of advanced engineering and design of modification of the Gallipolis Locks and Dam project, Ohio River, limited to a single 1,200 foot replacement lock, in accordance with the recommendations of the Chief of Engineers dated July 14, 1975, at an estimated cost of $2,800,000. SEC. 116. The last sentence of section 91 of the Water Resources Development Act of 1974 (88 Stat. 39) is amended to read as follows:

90 STAT. 2923

Atlantic Intracoastal Waterway Bridges, Va., N.C., project modification. Des Moines River, Iowa, project modification.

Mobile Harbor, Ala., project modification.

Alameda Creek, Calif., project modification.

Vermilion Lock, La., project replacement.

Gallipolis Locks and Dam, Ohio, project modification.

Appropriation authorization.

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 90 STAT. 2924

PUBLIC LAW 94-587—OCT. 22, 1976

"There are authorized to be appropriated not to exceed $28,725,000 to carry out such project.". River system SEC. 117. The Secretary of the Army, acting through the Chief of management Engineers, is authorized to investigate and study, in cooperation with plan, study. interested States and Federal agencies, through the U p p e r Mississippi River Basin Commission the development of a river system management plan in the format of the "Great River S t u d y " for the Mississippi River from the mouth of the Ohio River to the head of navigation at Minneapolis, incorporating total river resource requirements including, but not limited to, navigation, the effects of increased barge traffic, fish and wildlife, recreation, watershed management, and water quality at an estimated cost of $9,100,000. Land conveyance. SEC. 118. (a) Whenever the Secretary of the Army finds that— (1) the Intracoastal W a t e r w a y is no longer routed along a part of the segment of the Louisiana-Texas Intracoastal Waterway right-of-way described in subsection (b) of this section; (2) maintenance of such part of the right-of-way has been abandoned by the Corps of E n g i n e e r s; and (3) such part of the right-of-way is no longer navigable by watercraf t; he shall convey, without monetary consideration, any easements or other rights or interests in real property which the United States acquired for the construction, operation, or maintenance of such part of the right-of-way to each owner of record of the real property which is subject to such easements, rights, or interests of the United States. (b) The segment of the Louisiana-Texas Intracoastal W a t e r w a y right-of-way referred to in subsection (a) of this section is that segment of the right-of-way for the Louisiana-Texas Intracoastal Waterway, Calcasieu-Sabine section, which (1) is within the portion of the right-of-way for the old Intracoastal W a t e r w a y channel (known locally as the "East-West Canal") extending from the east bank of the Calcasieu River at a point approximately twenty miles south of Lake Charles, Louisiana, to the Choupique Cutoff in the Intracoastal Waterway, and (2) is located on the southeast quarter of the southeast quarter of section 25, township 11 south, range 10 west, and in the west half of the southwest quarter of section 30, township 11 south, range 9 west, Calcasieu P a r i s h, Louisiana. SEC. 119. Section 4 of the Act of June 21, 1940, as amended (54 Stat. 498; 33 U.S.C. 514), is amended in the first sentence by striking out " I t shall be the duty of the bridge OAvner to prepare and submit to the Secretary, within ninety days after service of his order" and inserting in lieu thereof "After the service of an order under this Act, it shall be the duty of the bridge owner to prepare and submit to the Secretary of Transportation, within a reasonable time as prescribed by the Secretary". Law enforcement SEC. 120. (a) The Secretary of the Army, acting through the Chief services, of Engineers, is authorized to contract with States and their political contracts. subdivisions for the purpose of obtaining increased law enforcement 42 USC services at water resources development projects under the jurisdiction 1962d-5d. of the Secretary of the Army to meet needs during peak visitation periods. Appropriation (b) There is authorized to be appropriated $6,000,000 per fiscal year authorization. for the fiscal years ending September 30, 1978, and September 30, 1979, to carry out this section. Nelson, Pa., SEC. 121. (a) The prqject for flood protection on the North B r a n c h relocation. of the Susquehanna River, New Y o r k and Pennsylvania, authorized

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