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Page:United States Statutes at Large Volume 87.djvu/597

 87 STAT. ]

PUBLIC LAW 93.151-NOV. 9, 1973

565

Public Law 93-151 AN ACT

November 9, 1973

To amend the Lead Based Paint Poisoning Prevention Act, and for other purposes.

[s. 607]

Be it enacted by the Senate and House of Representatives of the Lead Based United States of America in Congress assembled, That (a) section Paint Poisoning 101 (a) of the Lead Based Paint Poisoning Prevention Act is amended preven'ti'onAc" by striking; out "units of general local government in any State" and amendments. inserting in lieu thereof "public agencies of units of general local 42 USC'48oi.' government in any State and to private nonprofit organizations in any Grants for de^f-afo" Oiate.

ir ^

X ^

D ^ ^

J tection and treatment, extension.

(b) Section 101(b) of such Act is amended by striking out "75 per centum" and inserting in lieu thereof "90 per centum". (c) Section 101 of such Act is amended by adding at the end thereof Centralized labthe following new subsection: "(e) The Secretary is also authorized to make grants to State oratory facilities. agencies for the purpose of establishing centralized laboratory facilities for analyzing biological and environmental lead specimens f)btained from local lead based paint poisoning detection programs.". (d) Section 101 of such Act is further amended by adding at the end thereof the following new subsection: " (f) No grant may be made under this section unless the Secretary Prohibition, determines that there is satisfactory assurance that (A) the services to be provided will constitute an addition to, or a significant improvement m quality (as determined in accordance with criteria of the Secretary) in, services that would otherwise be provided, and (B) Federal funds made available under this section for any period will be so used as to supplement and, to the extent practical, increase the level of State, local, and other non-Federal funds that would, in the absence of such Federal funds, be made available for the program described in this section, and will in no event supplant such State, local, and other non-Federal funds.". SEC. 2. (a) Section 201 of the Lead Based Paint Poisoning Preven- e u S r i o n ' extTn-^ tion Act is amended by striking out "units of general local government sion. in any State" and inserting in lieu thereof "public agencies of units of general local government in any State and to private nonprofit organizations in any State". (b) Section 201(a)(2) of such Act is amended to read as follows: ^2 USC 48ii. "(2) the development and carrying out of procedures to remove from exposure to young children all interior surfaces of residential housing, porches, and exterior surfaces of such housing to which children may be commonly exposed, in those areas that present a high risk for the health of residents because of the presence of lead based paints. Such programs should include those surfaces on which non-lead-based paints have been used to cover surfaces to which lead based paints were previously applied; and". (c) Section 201 of such Act is amended by adding at the end thereof the following new subsection: "(c) Any public agency;, of a unit of local government or private refo°rd^! avaiiawinonprofit organization which receives assistance under this Act shall ity. make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for purposes of audit and examination, any books, documents, papers, and records that are pertinent to the assistance received by such public agency of a unit of local government or private nonprofit organization under this Act."

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Page:United States Statutes at Large Volume 87.djvu/598

 566 84 Stat. 2079. 42 USC 4821.

PUBLIC LAW 93-151-NOV. 9, 1973

[87

STAT.

SEC. 3. Section 301 of the Lead Based Paint Poisoning Prevention Act is amended to read as follows: " FEDERAL DEMONSTRATION AND RESEARCH PROGRAM

Safe l e v e l of lead. Report to Congress.

"SEC. 301. (a) The Secretary of Housing and Urban Development, in consultation with the Secretary of Health, Education, and Welfare, shall develop and carry out a demonstration and research program to determine the nature and extent of the problem of lead based paint poisoning in the United States, particularly in urban areas, including the methods by which the lead based paint hazard can most effectively be removed from interior surfaces, porches, and exterior surfaces of residential housing to which children may be exposed. " (b) The Chairman of the Consumer Product Safety Commission shall conduct appropriate research on multiple layers of dried paint film, containing the various lead compounds commonly used, in order to ascertain the safe level of lead in residential paint products. No later than December 31, 1974, the Chairman shall submit to Congress a full and complete report of his findings and recommendations as developed pursuant to such programs, together with a statement of any legislation which should be enacted or any changes in existing law which should be made in order to carry out such recommendations." SEC. 4. (a) Title III of the Lead Based Paint Poisoning Prevention Act is amended— (1) by adding at the end thereof the following: "FEDERAL H O U S I N G ADMINISTRATION

Housing constructed prior to 1950.

Housing constructed during Or after 1950.

Federally owned property for residential habitation.

Effective date.

42 USC 4831.

REQUIREMENTS

"SEC. 302. The Secretary of Housing and Urban Development (hereafter in this section referred to as the 'Secretary') shall establish procedures to eliminate as far as practicable the hazards of lead based paint poisoning with respect to any existing housing which may present such hazards and which is covered by an application for mortgage insurance or housing assistance payments under a program administered by the Secretary. Such procedures shall apply to all such housing constructed prior to 1950 and shall as a minimum provide for (1) appropriate measures to eliminate as far as practicable immediate hazards due to the presence of paint which may contain lead and to which children may be exposed, and (2) assured notification to purchasers and tenants of such housing of the hazards of lead based paint, of the symptoms and treatment of lead based paint poisoning, and of the importance and availability of maintenance and removal techniques for eliminating such hazards. Such procedures may apply to housing constructed during or after 1950 if the Secretary determines, in his discretion, that such housing presents hazards of lead based paint. The Secretary may establish such other procedures as may be appropriate to carry out the purposes of this section. Further, the Secretary shall establish and implement procedures to eliminate the hazards of lead based paint poisoning in all federally owned properties prior to the sale of such properties when their use is intended for residential habitation."; and (2) by inserting after "PROGRAM", in the caption of such title, a semicolon and the following: " FEDERAL H O U S I N G ADMINISTRATION REQUIREMENTS". (b) The amendments made by subsection (a) of this section become effective upon the expiration of ninety days following the date of enactment of this Act. SEC. 5. Section 401 of the Lead Based Paint Poisoning Prevention Act is amended to read as follows:

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Page:United States Statutes at Large Volume 87.djvu/599

 87

STAT.]

PUBLIC LAW 93-151-NOV. 9, 1973

567

" P R O H I B I T I O X AGAINST U S E OF LEAD BASED P A I N T I N CONSTKUCTION O F F A C II i l T I E S A N D THE M A N U F ACT U R E OF CERTAIN TOYS A N D U T E N S I L S

"SEC. 401. The Secretary of Health, Education, and Welfare, in consultation with the Secretary of Housing and Urban Development, shall take such steps and impose such conditions as may be necessary or appropriate— " (1) to prohibit the use of lead based paint in residential structures constructed or rehabilitated by the Federal Government, or with Federal assistance in any form, after the date of enactment of this Act, and •'(2) to prohibit the application of lead based paint to any toy, furniture, cooking utensil, drinking utensil, or eating utensil manufactured and distributed after the date of enactment of this Act." SEC. 6. Section 501(3) of the Lead Based Paint Poisoning Prevention Act is amended to read as follows: 84 Stat. 2080, "(3) the term 'lead based paint'means— -L^a^cfbl^std " (A) prior to December 31, 1974, any paint containing paint." more than five-tenths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of liquid paints or in the dried film of paint already applied; " (B) after December 31, 1974, any paint containing more than six one-hundredths of 1 per centum lead by weight (calculated as lead metal) in the total nonvolatile content of liquid paints or in the dried film of paint already applied, except that if prior to December 31, 1974, the Chairman of the Consumer Product Safety Commission, based on studies conducted in accordance with section 301(b) of this Act, Ante, p. 566. determines that another level of lead, not to exceed fivetenths of 1 per centum, is safe, then such other level shall be effective after December 31, 1974.". SEC. 7. (a) Section 503(a) of the Lead Based Paint Poisoning Pre- Appropriation. vention Act is amended (1) by striking out the word "and" and insert- 42 USC 4843. ing in lieu thereof a comma, and (2) by inserting before the period a comma and the following: "and $25,000,000 for each of the fiscal years 1974 and 1975". (b) Section 503(b) of such Act is amended (1) by striking out the word "and" and inserting in lieu thereof a comma, and (2) by inserting before the period a comma and the following: "and $35,000,000 for each of the fiscal years 1974 and 1975". (c) Section 503(c) of such Act is amended (1) by striking out the word "and" and by inserting in lieu thereof a comma, and (2) by inserting before the period a comma and the following: "and $3,000,000 for each of the fiscal years 1974 and 1975". (d) Section 503(d) of such Act is amended by striking out all matter after the semicolon and inserting in lieu thereof and any amounts authorized for one fiscal year but not appropriated may be appropriated for the succeeding fiscal year.". (e) Title V of the Lead Based Paint Poisoning Prevention Act is amended by adding at the end thereof the following new sections: "ELIGIBILITY OF CERTAIN STATE AGENCIES

"SEC. 504. Notwithstanding any other provision of this Act, grants authorized under sections 101 and 201 of this Act may be made to an

Ante,

p. 565.

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Page:United States Statutes at Large Volume 87.djvu/600

 568

PUBLIC LAW 93-151-NOV. 9, 1973

[87 STAT.

agency of State government in any case where State government provides direct services to citizens in local communities or where units of general local government within the State are prevented by State law from implementing or receiving such grants or from expending such grants in accordance with their intended purpose. a ADVISORY BOARDS National Childhood Lead B a s e d Paint Poisoning Advisory Board. Establishment. Membership.

5 USC 5332 note. E x p e n s e s, reimbursement.

Regulations.

"SEC. 505. (a) The Secretary of Health, Education, and Welfare, in consultation with the Secretary of Housing and Urban Development, is authorized to establish a National Childhood Lead Based Paint Poisoning Advisory Board to advise the Secretary on policy relating to the administration of this Act. Members of the Board shall include residents of communities and neighborhoods affected by lead based paint poisoning. Each member of the National Advisory Board who is not an officer of the Federal Government is authorized to receive an amount equal to the minimum daily rate prescribed for GS-18, under section 5332 of title 5, United States Code, for each day he is engaged in the actual performance of his duties (including traveltime) as a member of the Board. All members shall be reimbursed for travel, subsistence, and necessary expenses incurred in the performance of their duties. "(b) The Secretary of Health, Education, and Welfare, in consultation with the Secretary of Housing and Urban Development, shall promulgate regulations for establishment of an advisory board for each local program assisted under this Act to assist in carrying out this program. Two-thirds of the members of the board shall be residents of communities and neighborhoods affected by lead based paint poisoning. A majority of the board shall be appointed from among parents, who, when appointed, have at least one child under six years of age. Each member of a local advisory board shall only be reimbursed for necessary expenses incurred in the actual performance of his duties as a member of the board. " E F F E C T U P O N STATE LAW

80 Stat. 1186; 84 Stat. 1306. 42 USC 246.

42 USC 4801 note.

"SEC. 506. I t is hereby expressly declared that it is the intent of the Congress to supersede any and all laws of the States and units of local government insofar as they may now or hereafter provide for a requirement, prohibition, or standard relating to the lead content in paints or other similar surface-coating materials which differs from the provisions of this Act or regulations issued pursuant to this Act. Any law, regulation, or ordinance purporting to establish such different requirement, prohibition, or standard shall be null and void.". SEC. 8. Section 314(e) of the Public Health Service Act is amended by inserting at the end thereof the following new paragraph: "No funds appropriated pursuant to the authorization of this subsection shall be available for lead based paint poisoning control of the type authorized under the Lead Based Paint Poisoning Prevention Act (84 Stat. 2078)." Approved November 9, 1973.

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Page:United States Statutes at Large Volume 87.djvu/601

 87

STAT.

]

PUBLIC LAW 93-152-NOV. 13, 1973

i569

Public Law 93-152 AN ACT

November 13, 1973

To grant the consent of the United States to the Arkansas River Basin compact, Arkansas-Oklahoma.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the consent of Arkansas River Congress is hereby given to the Arkansas River Basin compact, Arkansa°s'^okial Arkansas-Oklahoma. 1970, as ratified by the States of Arkansas and noma, 1970. Oklahoma as follows: „?°r'^"* °' """"• ,..

"ARTICLE

T-

gress.

I

"The major purposes of this C^ompact are: "A. To promote interstate comity between the States of Arkansas and Oklahoma; "B. To provide for an equitable apportionment of the waters of the Arkansas River between the States of Arkansas and Oklahoma and to promote the orderly development thereof; "C. To provide an agency for administering the water apportionment agreed to herein; "D. To encourage the maintenance of an active pollution abatement program in each of the two States and to seek the further reduction of both natural and man-made pollution in the waters of the Arkansas River Basin; and " E. To facilitate the cooperation of the water administration agencies of the States of Arkansas and Oklahoma in the total development and management of the water resources of the Arkansas River Basin. "ARTICLE

II

"As used in this Compact: "A. The term 'State' means either State signatory hereto and shall be construed to include any person or persons, entity or agency of either State who, by reason of official responsibility or by designation of the Governor of that State, is acting as an official representative of that State. " B. The term 'Arkansas-Oklahoma Arkansas River Compact Commission,' or the term 'Commission' means the agency created by this Compact for the administration thereof. "C. The term 'Arkansas River Basin' means all of the drainage basin of the Arkansas River and its tributaries from a point immediately below the confluence of the Grand-Neosho River with the Arkansas River near Muskogee, Oklahoma, to a point immediately below the confluence of Lee Creek with the Arkansas River near Van Buren, Arkansas, together with the drainage basin of Spavinaw Creek in Arkansas, but excluding that portion of the drainage basin of the Canadian River above Euf aula Dam. "D. The term 'Spavinaw Creek Sub-basin' means the drainage area of Spavinaw Creek in the State of Arkansas. " E. The term 'Illinois River Sub-basin' means the drainage area of Illinois River in the State of Arkansas. " F. The term 'Lee Creek Sub-basin' means the drainage area of Lee Creek in the State of Arkansas and the State of Oklahoma. "G. The term 'Poteau River Sub-basin' means the drainage area of Poteau River in the State of Arkansas. " H. The term 'Arkansas River Sub-basin' means all areas of the Arkansas River Basin except the four sub-basins described above. " I. The term 'water-year' means a twelve-month period beginning on October 1, and ending September 30.

definitions.

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Page:United States Statutes at Large Volume 87.djvu/602

 570

PUBLIC LAW 93-152-NOV. 13, 1973

[87 STAT.

" J. The term 'aiinual yield' means the computed amiual gross n m otf from any specified sub-basin which would have passed any certain point on a stream and would have originated within any specified area under natural conditions, without any man-made depletion or accretion during the water year. "K. The term 'pollution' means contamination or other alterations of the physical, chemical, biological or radiological properties of water or the discharge of any liquid, gaseous, or solid substances into any waters which creates, or is likely to result in a nuisance, or which renders or is likely to render the waters into which it is discharged harmful, detrimental or injurious to public health, safety, or welfare, or which is harmful, detrimental or injurious to beneficial uses of the water. "ARTICLE

III

••A. T'he physical and other conditions peculiar to the Arkansas River l^asin constitute the basis of this Compact, and neither of the States hereby, nor the Congress of the United States by its consent hereto, concedes that this Compact established any general principle with respect to any other interstate stream. " B. By this Compact, neither State signatory hereto is relinquishing any interest or right it may have with respect to any waters flowing between them which do not originate in the Arkansas River Basin as defined by this Compact. "ARTICLE

IV

"The States of Arkansas and Oklahoma hereby agree upon the following apportionment of the waters of the Arkansas River Basin; "A. The State of Arkansas shall have the right to develop and use the waters of the Spavinaw Creek Sub-basin subject to the limitation that the annual yield shall not be depleted by more than fifty percent (50%). " B. The State of Arkansas shall have the right to develop and use the waters of the Illinois River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%). "C. The St^te of Arkansas shall have the right to develop and use all waters o r i ^ n a t i n g within the Lee Creek Sub-basin in the State of Arkansas, or the equivalent thereof. "D. The State of Oklahoma shall have the right to develop and use all watere originating within the Lee Creek Sub-basin in the State of Oklahoma, or the equivalent thereof. " E. The State of Arkansas shall have the right to develop and use the waters of the Poteau River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%). " F. The State of Oklahoma shall have the right to develop and use the waters of the Arkansas River Sub-basin subject to the limitation that the annual yield shall not be depleted by more than sixty percent (60%).

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Page:United States Statutes at Large Volume 87.djvu/603

 87 STAT. ]

PUBLIC LAW 93-152-NOV. 13, 1973 "ARTICLE

V

"A. On or before December 31 of each year, following the effective (late of this Compact, the Commission shall determine the stateline yields of the Arkansas Kiver Basin for the previous water year. " B. Any depletion of annual yield in excess of that allowed by the provisions of this Compact shall, subject to the control of the Commission, be delivered to the downstream State, and said delivery shall consist of not less than sixty percent (60%) of the current runoff of the basin. ''C. Methods for determining the annual yield of each of the subbasins shall be those developed and approved by the Commission. "ARTICLE

VI

"A. Each State may construct, own and operate for its needs water storage reservoirs in the other State: Provided, lioivever^ That nothing contained in this Compact or its ratification by Arkansas or Oklahoma shall be interpreted as granting either State or the parties hereto the r'ight or power of eminent domain in any manner whatsoever outside the borders of its own State. " B. Depletion in annual yield of any sub-basin of the Arkansas River Basin caused by the operation of any water storage reservoir either heretofore or hereafter constructed by the United States or any of its agencies, instrumentalities or wards, or by a State, political subdivision thereof, or any person or persons shall be charged against the State in which the yield therefrom is utilized. "C. Each State shall have the free and unrestricted right to utilize the natural channel of any stream within the Arkansas River Basin for conveyance through the other State of waters released from any water- storage reseivoir for an intended downstream point of diversion or use without loss of ownership of such waters: Provided, however, That a reduction shall be made in the amount of water which can be withdrawn at point of removal, equal to the transmission losses. "ARTICLE V T I

"The States of Arkansas and Oklahoma mutually agree to: "A. The principle of individual State effort to abate man-made pollution within each State's respective borders, and the continuing suppoit of both States in an active pollution abatement program; " B. The cooperation of the appropriate State agencies in the States of Arkansas and Oklahoma to investigate and abate sources of alleged interstate pollution within the Arkansas River Basin; "C. Enter into joint programs for the identification and control of sources of pollution of the waters of the Arkansas River and its tributaries which are of interstate significance; "D. The principle that neither State may require the other to pro\ide water for the purpose of water quality control as a substitute for adeqiiate waste treatment; " E. Utilize the provisions of all Federal and State water pollution hnvs and to recognize such water quality standards as may be now or hereafter established under the Federal Water Pollution Control Act ^^ Stat. sie. in the resolution of any pollution problems affecting the waters of note."^^ ^^^^ the Arkansas River Basin.

571

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Page:United States Statutes at Large Volume 87.djvu/604

 f^ 572

PUBLIC LAW 93-152-NOV. 13, 1973 "ARTICLE

Arkansas-Oklahoma A r k a n s a s River Compact Commission. Establishment.

[87 STAT.

VIII

"A. There is hereby created an interstate administrative agency to be known as the 'Arkansas-Oklahoma Arkansas River Compact Commission.' The Commission shall be composed of three Commissioners representing the State of Arkansas and three Commissioners representing the State of Oklahoma, selected as provided below; and, if designated by the President or an authorized Federal agency, one Commissioner representing the United States. The President, or the Federal agency authorized to make such appointments, is hereby requested to designate a Commissioner and aji alternate representing the United States. The Federal Commissioner, if one be designated, shall be the Chairman and presiding officer of the Commission, but shall not have the right to vote in any of the deliberations of the Commission. " B. One Arkansas Commissioner shall be the Director of the Arkansas Soil and Water Conservation Commission, or such other agency as may be hereafter responsible for administering water law in the State. The other two Commissioners shall reside in the Arkansas River drainage area in the State of Arkansas and shall be appointed by the Governor, by and with the advice and consent of the Senate, to four-year staggered terms with the first two Commissioners being appointed simultaneously to terms of two (2) and four (4) years, respectively. "C. One Oklahoma Commissioner shall be the Director of the Oklahoma Water Resources Board, or such other agency as may be hereafter responsible for administering water law in the State. The other two Commissioners shall reside within the Arkansas River drainage area in the State of Oklahoma and shall be appointed by the Governor, by and with the advice and consent of the Senate, to four-year staggered terms, with the first two Commissioners being appointed simultaneously to terms of two (2) and four (4) years, respectively. "D. A majority of the Commissioners of each State and the Commissioner or his alternate representing the United States, if they are so designated, must be present to constitute a quorum. I n taking any (Commission action, each signatory State shall have a single vote representing the majority opinion of the Commissioners of that State. " E. In the case of a tie vote on any of the Commission's determinations, order, or other actions, a majority of the Commissioners of either State may, upon written request to the Chairman, submit the question to arbitration. Arbitration shall not be compulsory, but on the event of arbitration, there shall be three arbitrators: "(1) One named by resolution duly adopted by the Arkansas Soil and Water Conservation Commission, or such other State agency as may be hereafter responsible for administering water law in the State of Arkansas; and "(2) One named by resolution duly adopted by the Oklahoma Water Resources Board, or such other State agency as may be Itereafter responsible for administering water law in the State of Oklahoma; and "(3) The third chosen by the two arbitrators who are selected as provided above. If the arbitrators fail to select a third within sixty (60) days following their selection, then he shall be chosen by the Chairman of the Commission.

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Page:United States Statutes at Large Volume 87.djvu/605

 87 STAT. ]

PUBLIC LAW 93-152-NOV. 13, 1973

" F. The salaries and personal expenses of each Commissioner shall be paid by the Ciovernment which he represents. All other expenses which are incurred by the Commission incident to the administration of this Compact shall be borne equally by the two States and shall be paid by the Commission out of the 'Arkansas-Oklahoma Arkansas River Compact Fund,' initiated and maintained as provided in Article IX (B)(5) below. The States hereby mutually agree to appropriate sums sufficient to cover its share of the expenses incurred in the administration of this Compact, to be paid into said fund. Disbursements tshall be made from said fund in such manner as may be authorized by the Commission. Such funds shall not be subject to the audit and accounting procedures of the States; however, all receipts and disbursements of funds handled by the Commission shall be audited by !i <iualified independent public accountant at regular intervals, and the report of such audit shall be included in and become a part of the uiinual report of the Commission, provided b;^ Article IX (B)(6) below. The Commission shall not pledge the credit of either State and shall not incur any obligations prior to the availability of funds ade((uate to meet the same. "ARTICLE

IX

"A. The Commission shall have the power to: "(1) Employ such engineering, legal, clerical and other personnel as in its judgment may be necessary for the performance of its functions under this Compact; "(2) Enter into contracts with appropriate State or Federal agencies for the collection, correlation, and presentation of factual data, for the maintenance of records and for the preparation of reports; "(3) Establish and maintain an office for the conduct of its affairs; "(4) Adopt and procure a seal for its official use; " (5) Adopt rules and regulations governing its operations. The proceduies employed foi- the administration of this Compact shall not be subject to any Administrative Procedures Act of either State, but shall be subject to the provisions hereof and to the rules and regulations of the Commission: Provided, however. All rules and regulations of the Commission shall be filed with the Secretary of State of the signatory States. "(6) Cooperate with Federal and State agencies and political subdivisions of the signatory States in developing principles, consistent with the provisions of this Compact and with Federal and State policy, for the storage and release of water from reservoirs, both existing and future within the Arkansas River Basin, for the purpose of assuring their operation in the best interests of the States and the United States; '' (7) Hold hearings and compel the attendance of witnesses for the purpose of taking testimony and receiving other appropriate and proper evidence and issuing such appropriate orders as it deems necessary for the proper administration of this Compact, which orders shall be enforceable upon the request by the Commission or any other interested part j in any court of competent jurisdiction within the county wherein the subject matter to which the order relates is in existence, subject to the right of review through the appellate courts of the State of situs. Any hearing held for the promulgation and issuance of orders shall be in the county and State of the subject matter of said hearing;

573

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Page:United States Statutes at Large Volume 87.djvu/606

 574

Report.

PUBLIC LAW 93-152-NOV. 13, 1973

[87 STAT.

"(8) Make and file official certified copies of any of its findings, recommendations or reports with such officers or agencies of either State, or the United States as may have any interest in or jurisdiction over the subject matter. Findings of fact made by the Commission shall be admissible in evidence and shall constitute prima facie evidence of such fact in any court or before any agency of competent jurisdiction. The making of findings, recommendations, or reports by the Commission shall not be a condition precedent to instituting or maintaining any action or proceeding of any kind by a signatory State in any court, or before any tribunal agency or officer, for the protection of any right under this Compact or for the enforcement of any of its provisions; "(9) Secure from the head of any department or agency of the Federal or State government such information, suggestions, estimates and statistics as it may need or believe to be useful for carrying out its functions and as may be available to or procurable by the department or agency to which the request is addressed; "(10) P r i n t or otherwise reproduce and distribute all of its proceedings and reports; and "(11) Accept, for the purposes of this Compact, any and all private donations and gifts and Federal grants of money. " B. The Commission shall: "(1) Cause to be established, maintained and operated such stream, reservoir or other gaging stations as may be necessary for the proper administration of this Compact; "(2) Collect, analyze and report on data as to stream flows, water quality, annual yields and such other information as is necessary for the proper administration of this Compact; "(3) Continue research for developing methods of determining total basin yields; " (4) Perform all other functions required of it by the Compact and do all things necessary, proper or convenient in the performance of its duties thereunder; "(5) Establish and maintain the'Arkansas-Oklahoma Arkansas Kiver Compact Fund,' consisting of any and all funds received by the Commission under the authority of this Compact and deposited in one or more banks qualifying for the deposit of public funds of the signatory States; "(6) Prepare and submit an annual report to the Governor of each signatory State and to the President of the United States covering the activities of the Commission for the preceding fiscal year, together with an accounting of all funds received and expended by it in the conduct of its work; " (7) Prepare and submit to the Governor of each of the States of Arkansas and Oklahoma an annual budget covering the anticipated expenses of the Commission for the following fiscal year; and "(8) Make available to the Governor or any State agency of either State or to any authorized representative of the United States, upon request, any information within its possession.

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Page:United States Statutes at Large Volume 87.djvu/607

 87 STAT. ]

PUBLIC LAW 93-152-NOV. 13, 1973 "ARTICLE

575

X

"A. The provisions hereof shall remain in full force and effect i;ntil changed or amended by unanimous action of the States acting through their Commissioners and until such changes are ratified by the legislatures of the respective States and consented to by the Congress of the United States in the same manner as this Compact is required to be ratified to become effective. ' B. This Compact may be terminated at any time by the appropriate action of the legislature of both signatory States. •'C. In the event of amendment or termination of the Compact, all rights established under the Compact shall continue unimj^aired. "ARTICLE

XI

•"Xothing in this Compact shall be deemed: "A. To impair or affect the powers, rights or obligations of the United States, or those claiming under its authority in, over, and to the waters of the Arkansas River Basin; " B. To interfere with or impair the right or power of either signatory State to regulate within its boundaries of appropriation, use and control of waters within that State not inconsistent with its obligations under this Compact. "ARTICLE

XII

"If any part or application of this Compact should be declared invalid by a court of competent jurisdiction, all other provisions and application of this Compact shall remain in full force and effect. "ARTICLE

XIII

"A. This Compact shall become binding and obligatory when it shall have been ratified by the legislature of each State and consented to by the Congress of the United States, and when the Congressional Act consenting to this Compact includes the consent of Congress to name and join the United States as a party in any litigation in the United States Supreme Court, if the United States is an indispensable party, and if the litigation arises out of this Compact or its application, and if a signatory State is a party thereto. "B. The States of Arkansas and Oklahoma mutually agree and consent to be sued in the United States District Court under the provisions of Public Law 87-830 as enacted October 15, 1962, or as may ,

,1

«,

J

1

'

'

76 Stat. 957.

" ^ 33 USC 466g-l

he thereafter amended. and note. "C. Notice of ratification by the legislature of each State shall be given by the Governor of that State to the Governor of the other State, and to the President of the United States, and the President is hereby requested to give notice to the Governor of each State of consent by the Congress of the United States. " I N WITNESS WHEREOF, the authorized representatives have executed three counterparts hereof such of which shall be and constitute an original, one of which will be deposited with the Administrator of General Services of the United States, and one of which shall be forwarded to the Governor of each State.

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Page:United States Statutes at Large Volume 87.djvu/608

 PUBLIC LAW 93-153-NOV. 16, 1973

576

[87 STAT.

"Done at the City of Little Kock, State of Arkansas, this 16th day of March A.D., 1070. " FOR ARKANSAS: " S. K E I T H JACKSON,

' ' FOR OKLAHOMA: "GLADE R. KIRKPATRICK,

"Committee Member.

"Committee Member.

" JOHN LUCE,

"MILTON CRAIG,

"Committee Member. "Committee Member. "Approved: TRIGG TWICHELL, Representative, United States of America. "Attest: WiLLARD B. MILLS, Secretary." SEC. 2. I n order to carry out the purposes of this Act, and the purposes of article X III of this compact consented to by Congress by this Act, the congressional consent to this compact includes and expressly gives the consent of Congress to have the United States of America named and joined as a party litigant in any litigation in the United States Supreme Court, if the United States of America is an indispensable party to such litigation, and if the litigation arises out of this compact, or its application, and if a signatory State to this compact is a party litigant, in the litigation. SEC. 3. The right to alter, amend, or repeal this Act, is expressly reserved. Approved November 13, 1973.

Public Law 93-153 November 16, 1973 [S.1081]

AN ACT To amend section 28 of the Mineral Leasing Act of 1920, and to authorize a trans-Alaska oil pipeline, and for other purposes.

Be it enacted by the Senate and House of Representatives Mineral Leasing iTUed Stotes of AmeHca in Congress assembled,

Ac of 1920, ct amendments and t r a n s - A l a s k a oil pipeline authorization. 67 Stat. 557.

7/star'79o^°' 30 USC 181.

•'

^

of the

'

TITLE I SECTION 101. Section 28 of the Mineral Leasing Act of 1920 (41 Stat. 449), as amended (30 U.S.C. 185), is further amended to read as follows: "Grant of Authority "SEC. 28. (a) Rights-of-way through any Federal lands may be granted hj the Secretary of the Interior or appropriate agency head for pipeline purposes for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom to any applicant possessing the qualifications provided in section 1 of this Act, as amended, in accordance with the provisions of this section.

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Page:United States Statutes at Large Volume 87.djvu/609

 87 STAT. ]

PUBLIC LAW 93-153-NOV. 16, 1973 "Definitions

" (b)(1) For the purposes of this section 'Federal lands' means all lands owned by the United States except lands in the National Park System, lands held in trust for an Indian or Indian tribe, and lands on the Outer Continental Shelf. A right-of-way through a Federal reservation shall not be granted if the Secretary or agency head determines that it would be inconsistent with the purposes of the reservation. " (2) 'Secretary' means the Secretary of the Interior. "(3) 'Agency head' means the heaa of any Federal department or independent Federal office or agency, other than the Secretary of the Interior, which has jurisdiction over Federal lands. "Inter-Agency Coordination "(c)(1) Where the surface of all of the Federal lands involved in a proposed right-of-way or permit is under the jurisdiction of one Federal agency, the agency head, rather than the Secretary, is authorized to giant or renew the right-of-way or permit for the purposes set forth in this section. "(2) Where the surface of the Federal lands involved is administered by the Secretary or by two or more Federal agencies, the Secretary is authorized, after consultation with the agencies involved, to grant or renew rights-of-way or permits through the Federal lands involved. The Secretary may enter into interagency agreements with all other Federal agencies having jurisdiction over Federal lands for the purpose of avoiding duplication, assigning responsibility, expediting review of rights-of-way or permit applications, issuing joint regulations, and assuring a decision based upon a comprehensive review of all factors involved in any right-of-way or permit application. Each agency head shall administer and enforce the provisions of this section, appropriate regulations, and the terms and conditions of rights-of-way or permits insofar as they involve Federal lands under the agency head's jurisdiction. "Width Limitations " (d) The width of a right-of-way shall not exceed fifty feet plus the ground occupied by the pipeline (that is, the pipe and its related facilities) unless the Secretary or agency head finds, and records the I'easons for his finding, that in his judgment a wider right-of-way is necessary for operation and maintenance after construction, or to protect the environment or public safety. Related facilities include but are not limited to valves, pump stations, supporting structures, bridges, monitoring and communication devices, surge and storage tanks, terminals, roads, airstrips and campsites, and they need not necessarily be connected or contiguous to the pipe and may be the subjects of separate rights-of-way.

22-150 O - 75 - 39

577

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Page:United States Statutes at Large Volume 87.djvu/610

 578

PUBLIC LAW 93-153--NOV. 16, 1973

[87 STAT.

"Temporary Permits "(e) A right-of-way may be supplemented by such temporary permits for the use of Federal lands in the vicinity of the pipeline as the Secretary' or agency head finds are necessary in connection with construction, operation, maintenance, or termination of the pipeline, or to protect the natural environment or public safety. "Regulatory Authority " (f) Rights-of-way or permits granted or renewed pursuant to this section shall be subject to regulations promulgated in accord with the provisions of this section and shall be subject to such terms and conditions as the Secretary or agency head may prescribe regarding extent, duration, survey, location, construction, operation, maintenance, use, and termination. "Pipeline Safety " (g) The Secretary or agency head shall impose requirements for the operation of the pipeline and related facilities in a manner that w ill protect the safety of workers and protect the public from sudden ruptures and slow degradation of the pipeline. "Environmental Protection

42 USC 4332.

Construction, operation, and rehabilitation plan, submittal. Regulations or stipulations.

" (h)(1) Nothing in this section shall be construed to amend, repeal, modify, or change in any way the requirements of section 102(2)(C) or any other provision of the National Environmental Policv Act of 1969 (Public Law 91-190,83 Stat. 852). " (2) The Secretary or agency head, prior to granting a right-of-way or permit pursuant to this section for a new project which may have a significant impact on the environment, shall require the applicant to submit a plan of construction, operation, and rehabilitation for such right-of-way or permit which shall comply with this section. The Secretary or agency head shall issue regulations or impose stipulations which shall include, but shall not be limited to: (A) requirements for restoration, revegetation, and curtailment of erosion of the surface of the land; (B) requirements to insure that activities in connection with the right-of-way or permit will not violate applicable air and water quality standards nor related facility siting standards established by or pursuant to law; (C) requirements designed to control or prevent (i) damage to the environment (including damage to fish and wildlife habitat), (ii) damage to public or private property, and (iii) hazards to public health and safety; and (D) requirements to protect the interests of individuals living in the general area of the right-of-way or permit who rely on the fish, wildlife, and biotic resources of the area for subsistence purposes. Such regulations shall be applicable to every right-of-way or permit granted pursuant to this section, and may be made applicable by the Secretary or agency head to existing rights-of-way or permits, or rights-of-way or permits to be renewed pursuant to this section.

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Page:United States Statutes at Large Volume 87.djvu/611

 87 STAT. ]

PUBLIC LAW 93-153-NOV. 16, 1973 "Disclosure

" (i) If the applicant is a partnership, corporation, association, or other business entity, the Secretary or agency head shall require the applicant to disclose the identity of the participants in the entity. Such disclosure shall include where applicable (1) the name and address of each partner, (2) the name and address of each shareholder owning 3 per centum or more of the shares, together with the number and percentage of any class of voting shares of the entity which such shareholder is authorized to vote, and (3) the name and address of each affiliate of the entity together with, in the case of an affiliate controlled by the entity, the number of shares and the percentage of any class of voting stock of that affiliate owned, directly or indirectly, by that entity, and, in the case of an affiliate which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate. "Technical and Financial Capability " (j) The Secretary or agency head shall grant or renew a right-ofway or permit under this section only when he is satisfied that the applicant has the technical and financial capability to construct, operate, maintain, and terminate the project for which the right-ofway or permit is requested in accordance with the requirements of this section. "Public Hearings " (k) The Secretary or agency head by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local government agencies and the public adequate notice and an opportunity to comment upon right-of-way applications filed after the date of enactment of this subsection. "Reimbursement of Costs " (1) The applicant for a right-of-way or permit shall reimburse the United States for administrative and other costs incurred in processing the application, and the holder of a right-of-way or permit shall reimburse the United States for the costs incurred in monitoring the construction, operation, maintenance, and termination of any pipeline and related facilities on such right-of-way or permit area and shall pay annually in advance the fair market rental value of the right-ofway or permit, as determined by the Secretary or agency head. "Bonding " (m) Where he deems it appropriate the Secretary or agency head may require a holder of a right-of-way or permit to furnish a bond, or other security, satisfactory to the Secretary or agency head to secure all or any of the obligations imposed by the terms and conditions of the right-of-way or permit or by any rule or regulation of the Secretary or agency head.

579

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Page:United States Statutes at Large Volume 87.djvu/612

 580

PUBLIC LAW 93-153-NOV. 16, 1973

[87 STAT.

"Duration of Grant " (n) Each right-of-way or permit granted or renewed pursuant to this section shall be limited to a reasonable term in light of all circumstances concerning the project, but in no event more than thirty years. In determining the duration of a right-of-way the Secretary or agency head shall, among other things, take into consideration the cost of the facility, its useful life, and any public purpose it senses. The Secretary or agency head shall renew any right-of-way, in accordance with the provisions of this section, so long as the project is in commercial operation and is operated and maintained in accordance with all of the provisions of this section. "Suspension or Termination of Right-of-Way

80 Stat. 384.

" (o)(l) Abandonment of a right-of-way or noncompliance with any provision of this section may be grounds for suspension or termination of the right-of-way if (A) after due notice to the holder of the right-of-way, (B) a reasonable opportunity to comply with this section, and (C) an appropriate administrative proceeding pursuant to title 5, United States Code, section 554, the Secretary or agency head determines that any such ground exists and that suspension or termination is justified. No administrative proceeding shall be required where the right-of-way by its terms provides that it terminates on the occurrence of a fixed or agreed upon condition, event, or time. "(2) If the Secretary or agency head determines that an immediate temporary suspension of activities within a right-of-way or permit area is necessary to protect public health or safety or the environment, he may abate such activities prior to an administrative proceeding. "(3) Deliberate failure of the holder to use the right-of-way for the purpose for which it was granted or renewed for any continuous two-year period shall constitute a rebuttable presumption of abandonment of the right-of-way: Provided, That where the failure to use the right-of-way is due to circumstances not within the holder's control the Secretary or agency head is not required to commence proceedings to suspend or terminate the right-of-way. "Joint Use of Rights-of-Way " (p) In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way across Federal lands, the utilization of rights-of-way in common shall be required to the extent practical, and each right-of-way or permit shall reserve to the Secretary or agency head the right to grant additional rights-of-way or permits for compatible uses on or adjacent to rights-of-way or permit area grttnted pursuant to this section. "Statutes "(q) No rights-of-way for the purposes provided for in this section shall be granted or renewed across Federal lands except under and subject to the provisions, limitations, and conditions of this section. Any application for a right-of-way filed under any other law prior to the effective date of this provision may, at the applicant's option, be considered as an application under this section. The Secretary or agency head may require the applicant to submit any additional information he deems necessary to comply with the requirements of this section.

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text:
Page:United States Statutes at Large Volume 87.djvu/613

 87 STAT.]

PUBLIC LAW 9 3 - 1 5 3 - N O V. 16, 1973

581

"Common Carriers " (r)(1) Pipelines and related facilities authorized under this section shall be constructed, operated, and maintained as cormnon carriers. "(2)(A) The owners or operators of pipelines subject to this section shall accept, convey, transport, or purchase without discrimination all oil or gas delivered to the pipeline without regard to whether such oil or gas was produced on Federal or non-Federal lands. " (B) I n the case of oil or gas produced from Federal lands or from the resources on the Federal lands in the vicinity of the pipeline, the Secretary may, after a full hearing with due notice thereof to the re'^iu'/ements^'^'"^ interested parties and a proper finding of facts, determine the proportionate amounts to be accepted, conveyed, transported or purchased. "(3)(A) The common carrier provisions of this section shall not apply to any natural gas pipeline operated by any person subject to regulation under the Natural Gas Act or by any public utility subject ^ ^^^ ^^^^ to regulation by a State or municipal regulatory agency having jurisdiction to regulate the rates and charges for the sale of natural gas to consumers within the State or municipality. " (B) Where natural gas not subject to State regulatory or conservation laws governing its purchase by pipelines is offered for sale, each such pipeline shall purchase, without discrimination, any such natural gas produced in the vicinity of the pipeline. "(4) The Government shall in express terms reserve and shall provide in every lease of oil lands under this Act that the lessee, assignee, or beneficiary, if owner or operator of a controlling interest in anj^ pipeline or of any company operating the pipeline which may be operated accessible to the oil derived from lands under such lease, shall at reasonable rates and without discrimination accept and convey the oil of the Government or of any citizen or company not the owner of any pipeline operating a lease or purchasing gas or oil under the provisions of this Act. "(5) Whenever the Secretary has reason to believe that any owner /nt^r^t^at"°comor operator subject to this section is not operating any oil or gas merce commission, pipeline in complete accord with its obligations as a common commfssTotT^' carrier hereunder, he may request the Attorney General to prosecute united state's disan appropriate proceeding before the Interstate Commerce Commis- *"•=* '=°"''sion or Federal Power Commission or any appropriate State agency or the United States district court for the district in which the pipeline or any part thereof is located, to enforce such obligation or to impose any penalty provided therefor, or the Secretary may, by pi-oceeding as provided in this section, suspend or terminate the said grant of right-of-way for noncompliance with the provisions of this section. "(6) The Secretary or agency head shall require, prior to granting re^iwatr^ ""^i' or renewing a right-of-way, that the applicant submit and disclose all mental? '•^^""^' plans, contracts, agreements, or other information or material which he deems necessary to determine whether a right-of-way shall be granted or renewed and the terms and conditions which should be included in the right-of-way. Such information may include, but is not limited to: (A) conditions for, and agreements among owners or operators, regarding the addition of pumping facilities, looping, or otherwise increasing the pipeline or terminal's throughput capacity in response to actual or anticipated increases in demand; (B) conditions for adding or abandoning intake, offtake, or storage points or facilities; and (C) minimum shipment or purchase tenders.

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Page:United States Statutes at Large Volume 87.djvu/614

 582

PUBLIC LAW 93-153-NOV. 16, 1973

[87 STAT.

"E,ight-of-Way Corridors

Report to Congress and President.

83 Stat. 853. 42 USC 4332.

"(s) I n order to minimize adverse environmental impacts and to prevent the proliferation of separate rights-of-way across Federal lands, the Secretary shall, in consultation with other Federal and State agencies, review the need for a national system of transportation and utility corridors across Federal lands and submit a report of his findings and recommendations to the Congress and the President by July 1, 1975. "Existing Eights-of-Way " (t) The Secretary or agency head may ratify and confirm any right-of-way or permit for an oil or gas pipeline or related facility that was granted under any provision of law before the effective date of this subsection, if it is modified by mutual agreement to comply to the extent practical with the provisions of this section. Any action taken by the Secretary or agency head pursuant to this subsection shall not be considered a major Federal action requiring a detailed statement pursuant to section 102(2)(C) of the National Environmental Policy Act of 1970 (Public Law 90-190; 42 U.S.C. 4321). "Limitations on Export

86 Stat. 644. 50 USC app. 2401 note. Presidential publication.

Reports to Congress.

" (u) Any domestically produced crude oil transported by pipeline over rights-of-way granted pursuant to section 28 of the Mineral Leasing Act of 1920, except such crude oil which is either exchanged in similar quantity for convenience or increased efficiency of transportation with persons or the government of an adjacent foreign state, or which is temporarily exported for convenience or increased efficiency of transportation across parts of an adjacent foreign state and reenters the United States, shall be subject to all of the limitations and licensing requirements of the Export Administration Act of 1969 (Act of December 30, 1969; 83 Stat. 841) and, in addition, before any crude oil subject to this section may be exported under the limitations and licensing requirements and penalty and enforcement provisions of Mie Export Administration Act of 1969 the President must make and publish an express finding that such exports will not diminish the total quantity or quality of petroleum available to the United States, and are in the national interest and are in accord with the provisions of the Export Administration Act of 1969: Provided, That the President shall submit reports to the Congress containing findings made under this section, and after the date of receipt of such report Congress shall have a period of sixty calendar days, thirty days of which Congress must have been in session, to consider whether exports under the terms of this section are in the national interest. If the Congress within this time period passes a concurrent resolution of disapproval stating disagreement with the President's finding concerning the national interest, further exports made pursuant to the aforementioned Presidential findings shall cease. "State Standards "(v) The Secretary or agency head shall take into consideration and to the extent practical comply with State standards for right-ofway construction, operation, and maintenance.

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Page:United States Statutes at Large Volume 87.djvu/615

 87 STAT. ]

PUBLIC LAW 93-153~NOV. 16, 1973

583

''Reports The Secretary and other appropriate agency heads shall report to the House and Senate Committees on Interior and Insular Affairs annually on the administration of this section and on the safety and environmental requirements imposed pursuant thereto. "(2) The Secretary or agency head shall notify the House and Senate Committees on Interior and Insular Affairs promptly upon receipt of an application for a right-of-way for a pipeline twenty-four inches or more in diameter, and no right-of-way for such a pipeline shall be granted until sixty days (not counting days on which the House of Representatives or the Senate has adjourned for more than three days) after a notice of intention to grant the right-of-way, together with the Secretary's or agency head's detailed findings as to terms and conditions he proposes to impose, has been submitted to such committees, unless each committee by resolution waives the waiting period. "(3) Periodically, but at least once a year, the Secretary of the I)epartment of Transportation shall cause the examination of all pipelines and associated facilities on Federal lands and shall cause the prompt reporting of any potential leaks or safety problems. "(4) The Secretary of the Department of Transportation shall report annually to the President, the Congress, the Secretary of the Interior, and the Interstate Commerce Commission any potential dangers of or actual explosions, or potential or actual spillage on Federal lands and shall include in such report a statement of corrective action taken to prevent such explosion or spillage. "(AV)(1)

"Liability " (x)(1) The Secretary or agency head shall promulgate regulations and may impose stipulations specifying the extent to which holders of rights-of-way and permits under this Act shall be liable to the United States for damage or injury incurred by the United States in connection with the right-of-way or permit. Where the right-of-way or pennit involves lands which are under the exclusive jurisdiction of the Federal Government, the Secretary or agency head shall promulgate regulations specifying the extent to which holders shall be liable to third parties for injuries incurred in connection with the right-of-way or permit. "(2) The Secretary or agency head may, by regulation or stipulation, impose a standard of strict liability to govern activities taking place on a right-of-way or permit area which the Secretary or agency head determines, in his discretion, to present a foreseeable hazard or risk of danger to the United States. "(8) Regulations and stipulations pursuant to this subsection shall not impose strict liability for damage or injury resulting from (A) an act of war, or (B) negligence of the United States. "(4) Any regulation or stipulation imposing liability without fault shall include a maximum limitation on damages commensurate with the foreseeable risks or hazards presented. Any liability for damage or injury in excess of this amount shall be determined by ordinary rules of negligence. "(5) The regulations and stipulations shall also specify the extent to which such holders shall indemnify or hold harmless the United States for liability, damage, or claims arising in connection with the right-of-way or permit.

Regulations and ^*^P"1^''°"^-

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Page:United States Statutes at Large Volume 87.djvu/616

 584

PUBLIC LAW 93-153-NOV. 16, 1973

[87 STAT.

•'() Any regulation or stipulation promulgated or imposed pursuant to this section shall provide that all owners of any interest in, and all affiliates or subsidiaries of any holder of, a right-of-way or permit shall be liable to the United States in the event that a claim for damage or injury cannot be collected from the holder. "(7) In any case where liability without fault is imposed pursuant to this subsection and the damages involved were caused by the negligence of a third party, the rules of subrogation shall apply in accord-' ance with the law of the jurisdiction where the damage occurred. "Antitrust Laws •"(y) The grant of a right-of-way or permit pursuant to this section shall grant no immunity from the operation of the Federal antitrust laws." TITLE II SHORT TITLE

Citation of title.

0{)i^ This title may be cited as the "Trans-Alaska Pipeline Authorization Act".
 * ^K(.,

CONGRESSIONAL

FINDINGS

SEC\ 20-2. The Congress finds and declares that: (a) The early development and delivery of oil and gas from Alaska's Xorth Slope to domestic markets is in the national interest because of growing domestic shortages and increasing dependence upon insecure foreign sources. (b) The Department of the Interior and other Federal agencies, have, over a long period of time, conducted extensive studies of the technical aspects and of the environmental, social, and economic impacts of the proposed trans-Alaska oil pipeline, including consideration of a trans-Canada pipeline. (c) The earliest possible construction of a trans-Alaska oil pipeline from the North Slope of Alaska to Port Valdez in that State will make the extensive proven and potential reserves of low-sulfur oil available for domestic use and will best serve the national interest. (d) A supplemental pipeline to connect the North Slope with a trans-Canada pipeline may be needed later and it should be studied now, but it should not be regarded as an alternative for a trans-Alaska l)ipeline that does not traverse a foreign country. CONGRESSIONAL

AUTHORIZATION

SEC. 203. (a) The purpose of this title is to insure that, because of the extensive governmental studies already made of this project and the national interest in early delivery of North Slope oil to domestic markets, the trans-Alaska oil pipeline be constructed promptly without further administrative or judicial delay or impediment. To accomplish this purpose it is the intent of the Congress to exercise its constitutional powers to the fullest extent in the authorizations and directions herein made and in limiting judicial review of the actions taken pursuant thereto. (b) The Congress hereby authorizes and directs the Secretary of the Interior and other appropriate Federal officers and agencies to issue and take all necessary action to administer and enforce rights-of way, permits, leases, and other authorizations that are necessary for or related to the construction, operation, and mainteilance of the transAlaska oil pipeline system, including roads and airstrips, as that

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Page:United States Statutes at Large Volume 87.djvu/617

 87 STAT. ]

PUBLIC LAW 93-153~NOV. 16, 1973

585

system is Generally described in the Final Environmental Impact Statement issued by the Department of the Interior on March 20, 11)72. The route of the pipeline may be modified by the Secretary to pro\ide during construction greater environmental protection. (c) Kights-of-way, permits, leases, and other authorizations issued pursuant to this title by the Secretary shall be subject to the provisions of section 28 of the Mineral Leasing Act of 1920, as amended by title I of this Act (except the provisions of subsections (h)(1), (k), (q), (w) ^"'®' P- ^'^^• (2), and (x)); all authorizations issued by the Secretary and other Federal officers and agencies pursuant to this title shall include the terms and conditions required, and may include the terms and conditions permitted, by the provisions of law that would otherwise be applicable if this title had not been enacted, and they may waive any procedural requirements of law or regulation which they deem desira;. ^ tble to waive in order to accomplish the purposes of this title. The direction C(mtained in section 203(b) shall supersede the provisions of any hiw or regulation relating to an administrative determination as to whether the authorizations for construction of the trans-Alaska oil pipeline shall be issued. (d) The actions taken pursuant to this title which relate to the construction and completion of the pipeline system, and to the applications tiled in connection therewith necessary to the pipeline's operation at full capacity, as described in the Final Environmental Impact Statement of the Department of the Interior, shall be taken without furStat. 852. ther action under the National Environmental Policy Act of 1969; and 83 USC 4321 42 the actions of the Federal officers concerning the issuance of the noTe. necessary rights-of-way, permits, leases, and other authorizations for construction and initial operation at full capacity of said pipeline system shall not be subject to judicial review under any law except that claims alleging the invalidity of this section may be brought within sixty days following its enactment, and claims alleging that an action will deny rights under the Constitution of the United States, or that i.^sc prec title the action is beyond the scope of authority conferred by this title, may be brought within sixty days following the date of such action. A claim shall be barred unless a complaint is filed within the time specified. Any such complaint shall be filed in a United States district court, and such court shall have exclusive jurisdiction to determine such proceeding in accordance with the procedures hereinafter provided, and no other court of the United States, of any State, territory, or possession of the United States, or of the District of Columbia, shall have jurisdiction of any such claim whether in a proceeding instituted prior to or on or after the date of the enactment of this Act. Any such proceeding Hearings, shall be assigned for hearing at the earliest possible date, shall take precedence over all other matters pending on the docket of the district court at that time, and shall be expedited in every way by such court. Such court shall not have jurisdiction to grant any injunctive relief Jigainst the issuance of any right-of-way, permit, lease, or other authorization pursuant to this section except in conjunction with a final judgment entered in a case involving a claim filed pursuant to this section. Any re\iew of an interlocutory or final judgment, decree, or order of j^ucli district court may be had only upon direct appeal to the Supreme Court of the United States. (e) The Secretary of the Interior and the other Federal officers Amendments; , '

.

1

•

1

•

1

1

and agencies are authorized at any time when necessary to protect the public interest, pursuant to the authority of this section and in accordance with its provisions, to amend or modify any right-of-way, permit, lease, or other authorization issued under this title.

modifications.

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Page:United States Statutes at Large Volume 87.djvu/618

 586

PUBLIC LAW 93-153-NOV. 16, 1973

[87 STAT.

LIABILITY

Limitation.

8KC. 204. (a)(1) Except Avheii the holder of the pipeline right-ofway granted 23iirsuaiit to this title can prove that damages in connection with or resulting from activities along or in the vicinity of the proposed trans-Alaskan pipeline right-of-way were caused by an act of war or negligence of the United States, other government entity, or the damaged party, such holder shall be strictly liable to all damaged parties, public or private, without regard to fault for such damages, and without regard to ownership of any affected lands, structures, fish, wildlife, or biotic or other natural resources relied upon by Alaska Natives, Native organizations, or others for subsistence or ec^onomic purposes. Claims for such injury or damages may be determined by arbitration or judicial proceedings. (2) Liability under paragraph (1) of this subsection shall be limited to $50,000,000 for any one incident, and the holders of the right-of-way or permit shall be liable for any claim allowed in proportion to their ownership interest in the right-of-way or permit. Liability of such holders for damages in excess of $50,000,000 shall be in accord wnth ordinary rules of negligence. (3) In any case where liability without fault is imposed pursuant to this subsection and the damages involved were caused by the negligence of a third party, the rules of subrogation shall apply in accordance with the law of the jurisdiction where the damage occurred. (4) Upon order of the Secretary, the holder of a right-of-way or permit shall provide emergency subsistence and other aid to an affected Alaska Native, Native organization, or other person pending expeditious filing of, and determination of, a claim under this subsection. (5) Where the State of Alaska is the holder of a right-of-way or permit under this title, the State shall not be subject to the provisions of subsection 204(a), but the holder of the permit or right-of-way for the trans-Alaska pipeline shall be subject to that subsection with respect to facilities construc:ted or activities conducted under rights-ofway or permits issued to the State to the extent that such holder engages in the construction, operation, maintenance, and termination of facilities, or in other activities under rights-of-way or permits issued to the State. (b) If any area within or without the right-of-way or permit area granted under this title is polluted by any activities conducted by or on behalf of the holder to whom such right-of-way or permit was granted, and such pollution damages or threatens to damage aquatic life, wildlife, or public or private property, the conti"ol and total removal of the pollutant shall be at the expense of such holder, including any administrative and other costs incurred by the Secretary or any other Federal officer or agency. Upon failure of such holder to adequately control and remove such pollutant, the Secretary, in cooperation with other Federal, State, or local agencies, or in cooperation with such holder, or both, shall have the right to accomplish the conti-ol and removal at the expense of such holder. (c)(1) Notwithstanding the provisions of any other law, if oil that has been transported through the trans-Alaska pipeline is loaded on a v^essel at the terminal facilities of the pipeline, the owner and operator of the vessel (jointly and severally) and the Trans-Alaska Pipeline Liability Fund established by this subsection, shall be strictly liable without regard to fault in accordance with the provisions of this subsection for all damages, including clean-up costs, sustained by any person or entity, public or private, including residents of Canada, as the result of discharges of oil from such vessel.

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text:
Page:United States Statutes at Large Volume 87.djvu/619

 87 STAT. ]

PUBLIC LAW 93-153~NOV. 16, 1973

587

(2) Strict liability shall not be imposed under this subsection if the owner or operator of the vessel, or the Fund, can prove that the damages were caused by an act of war or by the negligence of the United States or other governmental agency. Strict liability shall not be imposed under this subsection with respect to the claim of a damaged party if the owner or operator of the vessel, or the Fund, can prove that the damage was caused by the negligence of such party. (3) Strict liability for all claims arising out of any one incident Limitation. shall not exceed $100,000,000. The owner and operator of the vessel shall be jointly and severally liable for the first $14,000,000 of such claims that are allowed. Financial responsibility for $14,000,000 shall be demonstrated in accordance with the provisions of section 311(p) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321 (p)) before the oil is loaded. The Fund shall be liable for the 86 Stat. 862. balance of the claims that are allowed up to $100,000,000. If the total claims allowed exceed $100,000,000, they shall be reduced proportionately. The unpaid portion of any claim may be asserted and adjudicated under other applicable Federal or state law. Trans-Alaska (4) The Trans-Alaska Pipeline Liability Fund is hereby established Pipeline Liability as a non-profit corporate entity that may sue and be sued in its own Fund. name. The F u n d shall be administered by the holders of the trans- Establishment Alaska pipeline right-of-way under regulations prescribed by the Secretary. The F u n d shall be subject to an annual audit by the Comptroller General, and a copy of the audit shall be submitted to the Congress. (5) The operator of the pipeline shall collect from the owner of the Fee per barrel. oil at the time it is loaded on the vessel a fee of five cents per barrel. The collection shall cease when $100,000,000 has been accumulated in the Fund, and it shall be resumed when the accumulation in the Fund falls below $100,000,000. (6) The collections under paragraph (5) shall be delivered to the Fund. Costs of administration shall be paid from the money paid to the Fund, and all sums not needed for administration and the satisfaction of claims shall be invested prudently in income-producing securities approved by the Secretary. Income from such securities shall be added to the principal of the Fund. (7) The provisions of this subsection shall apply only to vessels engaged in transportation between the terminal facilities of the pipeline and ports under the jurisdiction of the United States. Strict liability under this subsection shall cease when the oil has first been brought ashore at a port under the jurisdiction of the United States. (8) I n any case where liability without regard to fault is imposed pursuant to this subsection and the damages involved were caused by the unseaworthiness of the vessel or by negligence, the owner and operator of the vessel, and the Fund, as the case may be, shall be subrogated under applicable State and Federal laws to the rights under said laws of any person entitled to recovery hereunder. If any subrogee brings an action based on unseaworthiness of the vessel or negligence of its owner or operator, it may recover from any affiliate of the owner or operator, if the respective owner or operator fails to satisfy any claim by the subrogee allowed under this paragraph. (9) This subsection shall not be interpreted to preempt the field of strict liability or to preclude any State from imposing additional requirements.

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Page:United States Statutes at Large Volume 87.djvu/620

 588

'Affiliate.

PUBLIC LAW 93-153-NOV. 16, 1973

[87 STAT.

(10) If the Fund is unable to satisfy a claim asserted and finally determined under this subsection, the Fund may borrow the money needed to satisfy the claim from any commercial credit source, at the lowest available rate of interest, subject to approval of the Secretary. (11) For purposes of this subsection only, the term "affiliate" includes— (A) Any person ownfed or effectively controlled by the vessel owner or operator; or (B) Any person that effectively controls or has the power effectively to control the vessel owner or operator by— (i) stock interest, or (ii) representation on a board of directors or similar body, or (iii) contract or other agreement with other stockliolders, or (iv) otherwise; or (C) Any person which is under common ownership or control with the vessel owner or operator. (I'l) The term "person" means an individual, a corporation, a partnership, an association, a joint-stock company, a business trust, or an 1 nincorporated organization. 1 ANTITRUST LAWS

SEC. 205. The grant of a right-of-way, permit, lease, or other authorization pursuant to this title shall grant no immunity from the operation of the Federal anti-trust laws. ROADS AND AIRPORTS

SEC. 206. A right-of-way, permit, lease, or other authorization granted under section 203(b) for a road or airstrip as a related facility of the trans-Alaska pipeline may provide for the construction of a public road or airstrip. TITLE III — N E G O T I A T I O N S W I T H CANADA SEC. 301. The President of the United States is authorized and re([uested to enter into negotiations with the Government of Canada to determine— (a) the willingness of the Government of Canada to permit the construction of pipelines or other transportation systems across Canadian territory for the transport of natural gas and oil from Alaska's North Slope to markets in the United States, including the use of tankers by way of the Northwest Passage; (b) the need for intergovernmental understandings, agreements, or treaties to protect the interests of the Governments of Canada and the United States and any party or parties involved with the construction, operation, and maintenance of pipelines or other transportation systems for the transport of such natural gas or oil; (c) the terms and conditions under which pipelines or other transportation systems could be constructed across Canadian territory; (d) the desirability of undertaking joiiit studies and investigations designed to insure protection of the eiiAironment. reduce legal and regulatory uncertainty, and insure that the respective energy requirements of the people of Canada and of the United States are adequately met;

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Page:United States Statutes at Large Volume 87.djvu/621

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PUBLIC LAW 93-153-NOV. 16, 1973

(e) the quantity of such oil and natural gas from the North Slope of Alaska for which the Government of Canada would guarantee transit; and (f) the feasibility, consistent with the needs of other sections of the United States, of acquiring additional energy from other sources that would make unnecessary the shipment of oil from the xVlaska pipeline by tanker into the Puget Sound area. The President shall report to the House and Senate Committees on Interior and Insular Affairs the actions taken, the progress achieved, the areas of disagreement, and the matters about which more information is needed, together with his recommendations for further action. SEC. 302. (a) The Secretary of the Interior is authorized and directed to investigate the feasibility of one or more oil or gas pipelines from the North Slope of Alaska to connect with a pipeline through Canada that will deliver oil or gas to United States markets. (b) All costs associated with making the investigations authorized by subsection (a) shall be charged to any future applicant who is granted a right-of-way for one of the routes studied. The Secretary shall submit to the House and Senate Committees on Interior and Insular Affairs periodic reports of his investigation, and the final report of the Secretary shall be submitted within two years from the date of this Act. SEC. 303. Nothing in this title shall limit the authority of the Secreary of the Interior or any other Federal official to grant a gas or oil pipeline right-of-way or permit which he is otherwise authorized by law to grant. TITLE IV—MISCELLANEOUS VESSEL CON'SITJUCTION' STANDARDS

589

Presidential resrona°commufJes. study.

cJst's^^^^^^^^^'^ ,f ^^° ^31'° mmittees.

"

' '

"'

'

SEC. 401. Section 4417a of the Revised Statutes of the United States Effective dates. (46 U.S.C. 391a), as amended by the Ports and Waterways Safety Act of 1972 (86 Stat. 424, Public Law 92-340), is hereby amended as follows: " (C) Rules and regulations published pursuant to subsection (7) (A) shall be effective not earlier than January 1, 1974, with respect to foreign vessels and United States-flag vessels operating in the foreign trade, unless the Secretary shall earlier establish rules and regulations consonant with international treaty, convention, or agreement, which generally address the regulation of similar topics for the protection of the marine environment. In absence of the promulgation of such rules and regulations consonant with international treaty, convention, or agreement, the Secretary shall establish an effective date not later than January 1, 1976, with respect to foreign vessels and United States-flag vessels operating in the foreign trade, for rules and regulations previously published pursuant to this subsection (7) which he then deems appropriate. Rules and regulations published 'pursuant to subsection (7)(A) shall be effective not later than June 30, 1974, with respect to United States-flag vessels engaged in the coastwise trade.". VESSEL TRAFFIC CONTROL

SEC. 402. The Secretary of the Department in which the Coast Guard is operating is hereby directed to establish a vessel traffic control system for Prince William Sound and Valdez, Alaska, pursuant to authority contained in title I of the Ports and Waterways Safety Act of 1972 (86 Stat. 424, Public Law 92-340). 33 USC 1221.

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Page:United States Statutes at Large Volume 87.djvu/622

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PUBLIC LAW 93-153-NOV. 16, 1973

[87

STAT.

CIVIL R I G H T S

R u l e s and regulations.

78 Stat. 252. 42 USC 2000d.

SEC. 403. The Secretary of the Interior shall take such affirmative action as he deems necessary to assure that no person shall, on the •grounds of race, creed, color, national origin, or sex, be excluded from receiving, or paiticipating in any activity conducted under, any permit, right-of-way, public land order, or other Federal authorization granted or issued under title II. The Secretary of the Interior shall promulgate such rules as he deems necessary to carry out the purposes of this subsection and may enforce this subsection, and any rules promulgated under this subsection, through agency and department provisions and rules which shall be similar to those established and in effect under title VI of the Civil Rights Act of 1964. C O N F I R M A T I O N O r THE DIRECTOR OF THE E N E R G Y r O L I C Y OFFICE

SEC. 404. The Director of the Energy Policy Office in the Executive Office of the President shall be appointed by the President, by and with the advice-and consent of the Senate: Provided., That if any individual who is serving in this office on the date of enactment of this Act is nominated for such position, he may continue to act unless and until such nomination shall be disapproved by the Senate. C O N F I R M A T I O N OF THE H E A D OF THE M I N I N G ENFORCEMENT A N D SAFETY ADMINISTRATION

5 USC app. II.

SEC. 40.J. The head of the Mining Enforcement and Safety Administration established pursuant to Order Numbered 2953 of the Secretary of the Interior issued in accordance with the authority provided by section 2 of Reorganization Plan Numbered 3 of 1950 (64 Stat. 1262) shall be appointed by the President, by and with the advice and consent of the Senate: Provided., That if any individual who is serving in this office on the date of enactment of this Act is nominated for such position, he may continue to act unless and until such nomination shall be disapproved by the Senat-e. E X E M P T I O N OF F I R S T SALE OF CRUDE OIL AND N A T t ' R A L GAS OF CERTAIN LEASES FROM PRICE RESTRAINTS A N D ALLOCATION PROGRAMS

84 Stat. 796. 12 USC 1904 note. L e a s e exemption qualification. Agency i n s p e c 'tions. Regulations,

SEC. 406. (a) The first sale of crude oil and natural gas liquids protluced from any lease Avhose average daily production of such substances for the preceding calendar month does not exceed ten barrels per well shall not be subject to price restraints established pursuant to the Economic Stabilization Act of 1970, as amended, or to any allocation program for fuels or petroleum established pursuant to that Act or to any Federal law for the allocation of fuels or petroleum. (b) To qualify for the exemption under this section, a lease must be operating at the maximum feasible rate of production and in accord with recognized conservation practices. (c) The agency designated by the President or by law to implement any such fuels or petroleum allocation program'is authorized to conduct inspections to insure compliance with this section and shall promulgate and cause to be published regulations implementing the provisions of this section.

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Page:United States Statutes at Large Volume 87.djvu/623

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STAT.]

591

PUBLIC LAW 93-153-NOV. 16, 1973 ADVANCE P A Y M E N T S TO ALASKA

NATIVES

SEC. 407. (a) I n view of the delay in construction of a pipeline to transport North Slope crude oil, the sum of $5,000,000 is authorized to be appropriated from the United States Treasury into the Alaska Native F u n d every six months of each fiscal year beginning with the fiscal year ending June 30, 1976, as advance payments chargeal3le against the revenues to be paid under section 9 of the Alaska Native Claims Settlement Act, until such time as the delivery of North Slope crude oil to a pipeline is commenced. (b) Section 9 of the Alaskan Native Claims Settlement Act is amended by striking the language in subsection (g) thereof and substituting the following language: "The payments required by this section shall continue only until a sum of $500,000,000 has been paid into the Alaska Native Fund less the total of advance payments paid into the Alaska Native Fund pursuant to section 407 of the Trans-Alaska Pipeline Authorization Act. Thereafter, payments which would otherwise go into the Alaska Native F u n d will be made to the United States Treasury as reimbursement for the advance payments authorized by section 407 of the Trans-Alaskan Pipeline Authorization Act. The provisions of this section shall no longer apply, and the reservation required in patents under this section shall be of no further force and effect, after a total sum of $500,000,000 has been paid to the Alaska Native Fund and to the United States Treasury pursuant to this subsection.". FEDERAL TRADE COMMISSION

Appropriation.

Infra. Fund payments, cessation. 85 Stat. 694. 43 USC 1608.

AUTHORITY

SEC. 408. (a)(1) The Congress hereby finds that the investigative and law enforcement responsibilities of the Federal Trade Commission have been restricted and hampered because of inadequate legal authority to enforce subpenas and to seek preliminary injunctive relief to avoid unfair competitive practices. (2) The Congress further finds that as a direct result of this inadequate legal authority significant delays have occurred in a major investigation into the legality of the structure, conduct, and activities of the petroleum industry, as well as in other major investigations designed to protect the public interest. (b) I t is the purpose of this Act to grant the Federal Trade Commission the requisite authority to insure prompt enforcement of the laws the Commission administers by granting statutory authority to directly enforce subpenas issued by the Commission and to seek preliminary injunctive relief to avoid unfair competitive practices. (c) Section 5(1) of the Federal Trade Commission Act (15 U.S.C. Violations. 45(1)) is amended by striking subsection (1) and inserting in lieu 6452 Stat. 1114; Stat. 2. thereof: "(1) Any person, partnership, or corporation who violates an order of the Commission after it has become final, and while such order is in effect, shall forfeit and pay to the United States a civil penalty of P e n a l t y. not more than $10,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the Attorney General of the United States. Each separate violation of such an order shall be a separate offense, except that in the case of a violation through continuing failure to obey or neglect to obey a final order of the Commission, each day of continuance of such failure or neglect shall be deemed a separate offense. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate in the enforcement of such final orders of the Commission."

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Page:United States Statutes at Large Volume 87.djvu/624

 592 52 Stat. 114; 64 Stat. 21.

38 Stat. 721. Investigative powers.

Temporary restraining orders; injunctions. 52 Stat. 114.

Enforcement proceedings.

15 USC 54. Supra,

PUBLIC LAW 93-153-NOV. 16, 1973

[87 STAT.

(d) Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is amended by adding at the end thereof the following new subsection: " (m) Whenever in any civil proceeding involving this Act the Commission is authorized or required to appear in a court of the United States, or to be represented therein by the Attorney General of the United States, the Commission may elect to appear in its own name by any of its attorneys designated by it for such purpose, after formally notifying and consulting with and giving the Attorney General 10 days to take the action proposed by the Commission." (e) Section 6 of the Federal Trade Commission Act (15 U.S.C. 46), is amended by adding at the end thereof the following proviso: Provided, That the exception of 'banks and common carriers subject to the Act to regulate commerce' from the Commission's powers defined in clauses (a) and (b) of this section, shall not be construed to limit the Commission's authority to gather and compile information, to investigate, or to require reports or answers from, any such corporation to the extent that such action is necessary to the investigation of any corporation, group of corporations, or industry which is not engaged or is engaged only incidentally in banking or in business as a common carrier subject to the Act to regulate commerce." (f) Section 13 of the Federal Trade Commission Act (15 U.S.C. 53) is amended by redesignating " (b) " as " (c) " and inserting the following new subsection: "(b) Whenever the Commission has reason to believe— "(1) that any person, partnership, or corporation is violating, or is about to violate, any provision of law enforced by the Federal Trade Commission, and " (2) that the enjoining thereof pending the issuance of a complaint by the Commission and until such complaint is dismissed by the Commission or set aside by the court on review, or until the order of the Commission made thereon has become final, would be in the interest of the public— the Commission by any of its attorneys designated by it for such purpose may bring suit in a district court of the United States to enjoin any such act or practice. Upon a proper showing that, weighing the equities and considering the Commission's likelihood of ultimate success, such action would be in the public interest, and after notice to the defendant, a temporary restraining order or a preliminary injunction may be granted without bond: Provided, however, That if a complaint is not filed within such period (not exceeding 20 days) as may be specified by the court after issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect: Provided further, That in proper cases the Commission may seek, and after proper proof, the court ma}^ issue, a permanent injunction. Any such suit shall be brought in the district in which such person, partnership, or corporation resides or transacts business." (g) Section 16 of the Federal Trade Commission Act (15 U.S.C. 56) is amended to read as follows: "SEC. 16. Whenever the Federal Trade Commission has reason to believe that any person, partnership, or corporation is liable to a penalty under section 14 or under subsection (1) of section 5 of this Act, it shall— " (a) certify the facts to the Attorney General, whose duty it shall be to cause appropriate proceedings to be brought for the enforcement of the provisions of such section or subsection; or " (b) after compliance with the requirements with section 5(m), itself cause such appropriate proceedings to be brought."

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Page:United States Statutes at Large Volume 87.djvu/625

 87 STAT. ]

PUBLIC LAW 93-153-NOV. 16, 1973

593

GENERAL ACCOUNTHSTG OFFICE AUTHORITY

SEC. 409. (a) Section 3502 of title 44, United States Code, is amended 82 Stat. 1302. by inserting in the first paragraph defining "Federal agency" after the words "the General Accounting Office" and before the words "nor the governments" the words "independent Federal regulatory agencies,". (b) Chapter 35 of title 44,_United States Code, is amended by adding sj J'^^^- ^^^i. after section 3511 the following new section: "§ 3512. Information for independent regulatory agencies " (a) The Comptroller General of the United States shall review the co^mp1rone''/G"encollection of information required by independent Federal regulatory erai. agencies described in section 3502 of this chapter to assure that information required by such agencies is obtained with a minimum burden upon business enterprises, especially small business enterprises, and other pereons required to furnish the information. LTnnecessary duplication of efforts in obtaining information already filed with other Federal agencies or departments through the use of reports, questionnaires, and other methods shall be eliminated as rapidly as practicable. Information collected and tabulated by an independent regulatory agency shall, as far as is expedient, be tabulated in a manner to maximize the usefulness of the infonnation to other Federal agencies and the public. "(b) I n carrying out the policy of this section, the Comptroller General shall review all existing information gathering practices of independent regulatory agencies as well as requests for additional information with a view toward— "(1) avoiding duplication of effort by independent regulatory agencies, and " (2) minimizing the compliance burden on business enterprises and other persons. "(c) I n complying with this section, an independent regulatory agency shall not conduct or sponsor the collection of information upon an identical item from ten or more persons, other than Federal eml)loyees, unless, in advance of adoption or revision of any plans or forms to be used in the collection— " (1) the agency submitted to the Comptroller General the plans or fonns, together with the copies of pertinent regulations and of other related materials as the Comptroller General has specified; and "(2) the Comptroller General has advised that the information is not presently available to the independent agency from another « > source within the Federal Government and has determined that the proposed plans or forms are consistent with the provision of this section. The Comptroller General shall maintain facilities for carrying out the purposes of this section and shall render such advice to the requestive independent regulatory agency within forty-five days. " (d) While the Comptroller General shall determine the availability ^^^5,^^311^0? °^ from other Federal sources of the information sought and the appro- a'^e°n^y^ dererminapi-iateness of the forms for the collection of such information, the 'i°"independent regulatory agency shall make the final determination as to the necessity of the information in carrying out its statutory responsibilities and whether to collect such information. If no advice is received from the Comptroller General within forty-five days, the independent regulatory agency may immediately proceed to obtain such information.

22-150 O - 75 - 40

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 594

PUBLIC LAW 93-154-NOV. 16, 1973

Af^^^'^^^o' 44 USC 3508. Regulations.

[87 STAT.

' n ^) SiH'tion:).")0<s(a) of t h i s chapter dealiii<i- with u n law f u l disclosure of information shall a p p l y to the use of information by independent r e g u l a to r y agencies. " (f) The C o m p t r o l l e r G e n e r a l may p r o m u l g a t e rules and regulations ne«'essary to c a r r y out t h i s chapter. " KQl'ITABLE -ALLOCATION OF NORTH SLOPE CRUDE OIL SEC. 410. The Congress declares that the crude oil on the North Slope of A l a s k a is an i m p o r t a n t part of the N a t i o n ' s oil resources, and that the benefits of such c r u d e oil s h o u l d be equitably s h a r e d, directly or indirectly, by all regions of the c o u n t r y. The P r e s i d e n t shall use any authority he may h a v e to insure an equitable allocation of available North S l o p e and other c r u d e oil resources and p e t r o l e u m p r o d u c t s among all regions and all of the several States. SEPARABILITY

S>X'. 411. I f any p r o v i s i o n of t h i s Act or the a p p l i c a b i l i t y thereof is held invalid the r e m a i n d e r of t h i s Act shall not be aifected thereby. Approved November 16, 1973. P u b l i c Law 93-154 November 16, 1973 AN AC i [s. 2410] fp,, jimeiid the Public Health Service Act to provide assistance and encouragement for the development of comprehensive area emergency medical services systems. Be it enacted by the Senate and House of Representatives Emergency Med- Ignited Stotes of Anwrica in Congress assembled, ical Services Systems Act of 1973. SHORT TITLE

of

the

SECTION 1. T h i s Act may be cited as the " E m e r g e n c y Medical Services Systems Act of 1973". E M E R G E N C Y MEDICAL SERVICES SYSTEMS

o/L^!^*i'/-7^^' BO b t a t.

13/.

42 USC 201 note.

SEC. 2. (a) The P u b l i c Health Service Act is amended by a d d i n g at 1

1

(.

1

(» 11

•

j_*j_i

the end the r e o i the l o l l o w m g new title:

"TITLE XII—EMERGENCY MEDICAL SERVI(1^:S SYSTEMS 'DEFINITIONS

" SEC. 1201. For purposes of t h i s title: ' ' (1) The term 'emergency medical services system' means a system which p r o v i d e s for the a r r a n g e m e n t of personnel, facilities, and equipment for the effective and c o o r d i n a t e d delivery, i n

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