43 U.S.C. § 1652 : US Code - Section 1652: Authorizations for construction

Search 43 U.S.C. § 1652 : US Code - Section 1652: Authorizations for construction

(a) Congressional declaration of purpose
The purpose of this chapter 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) Issuance, administration, and enforcement of rights-of-way,
permits, leases, and other authorizations
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
maintenance of the trans-Alaska oil pipeline system, including
roads and airstrips, as that system is generally described in the
Final Environmental Impact Statement issued by the Department of
the Interior on March 20, 1972. The route of the pipeline may be
modified by the Secretary to provide during construction greater
environmental protection.
(c) Applicability of statutes governing rights-of-way for pipelines
through Federal lands; other statutory terms and conditions;
waiver of procedural requirements; supersedure of administrative
authorizations for construction
Rights-of-way, permits, leases, and other authorizations issued
pursuant to this chapter by the Secretary shall be subject to the
provisions of section 185 of title 30, as amended by Pub. L. 93-153
(except the provisions of subsections (h)(1), (k), (q), (w)(2), and
(x)); all authorizations issued by the Secretary and other Federal
officers and agencies pursuant to this chapter shall include the
terms and conditions required, and may include the terms and
conditions permitted, by the provisions of law that would otherwise
be applicable if this chapter had not been enacted, and they may
waive any procedural requirements of law or regulation which they
deem desirable to waive in order to accomplish the purposes of this
chapter. The direction contained in subsection (b) of this section
shall supersede the provisions of any law or regulation relating to
an administrative determination as to whether the authorizations
for construction of the trans-Alaska oil pipeline shall be issued.
(d) National Environmental Policy Act of 1969 bypassed; issuance of
authorizations for construction and operation not to be subject
to judicial review; time limits on charges of invalidity or
unconstitutionality; jurisdiction; hearings; review
The actions taken pursuant to this chapter which relate to the
construction and completion of the pipeline system, and to the
applications filed 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 further action under the National
Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.]; and the
actions of the Federal officers concerning the issuance of the
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 November 16, 1973, and
claims alleging that an action will deny rights under the
Constitution of the United States, or that the action is beyond the
scope of authority conferred by this chapter, may be brought within
sixty days following the date of such action. A claim shall be
barred 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 November 16, 1973. Such court
shall not have jurisdiction to grant any injunctive relief against
the issuance of any right-of-way, permit, lease, or other
authorization pursuant to this section except in conjunction with a
final judgment entered in a case involving a claim filed pursuant
to this section. An interlocutory or final judgment, decree, or
order of such district court may be reviewed only upon petition for
a writ of certiorari to the Supreme Court of the United States.
(e) Amendment or modification of rights-of-way, permits, leases, or
other authorizations
The Secretary of the Interior and the other Federal officers 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
chapter.