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1 property and monetary interests; (e) manage efficiently 2 Federal lands which are subject to the right-of-way or ad3 jacent thereto; (f) protect lives and property; (g) imple4 ment Federal programs and policies; (h) protect the in5 terests of individuals living in the general area traversed by 6 the right-of-way who rely on the fish, wildlife, and biotic 7 resources of the area for subsistence purposes; and (i) pro8 tect the public interest.

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SUSPENSION OR TERMINATION OF RIGHT-OF-WAY

SEC. 7. (a) The Secretary may suspend or terminate 11 any right-of-way granted, issued or renewed pursuant to this 12 Act if, after due notice to the holder of the right-of-way and an appropriate administrative proceeding, he determines 14 that such action is appropriate; however, no administrative

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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.

(b) Abandonment of the right-of-way or noncompliance with any provision of this Act, condition of the right-of-way,

or applicable rule or regulation of the Secretary, may be

grounds for termination of the right-of-way. Failure of the

22 holder of the right-of-way to use the right-of-way for the

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purpose for which it was granted, issued, or renewed, for

any two-year period, shall be presumed to constitute abandonment of the right-of-way.

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RIGHTS-OF-WAY FOR FEDERAL AGENCIES

SEC. 8. (a) The Secretary may set aside for the use of 3 any department or agency of the United States a right-of4 way over, upon, or through Federal lands, subject to such 5 terms and conditions as he may impose. The provisions of this 6 Act shall be applicable to such rights-of-way to the extent 7 the Secretary deems necessary.

8 (b) Where a right-of-way has been set aside for the use 9 of any department or agency of the United States, other than 10 the Department of the Interior, the Secretary shall take no 11 action to terminate, or otherwise limit, that use without the 12 consent of the head of that other department or agency.

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CONVEYANCE OF LANDS

SEC. 9. (a) If the Secretary decides to transfer out of 15 Federal ownership by patent, deed, or otherwise, any Fed16 eral lands covered in whole or in part by a right-of-way, the 17 lands may be conveyed subject to the right-of-way; however, 18 if the Secretary determines that the right-of-way is of such a nature that continued Federal control is necessary in the 20 public interest, he may (1) reserve to the United States that 21 portion of the lands which lies within the boundaries of the 22 right-of-way, or (2) convey the lands, including that portion 23 within the boundaries of the right-of-way, subject to the 24 right-of-way and reserving to the United States the right to

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1 enforce all or any of the terms and conditions of the right-of2 way, including the right to renew it or extend it upon its 3 termination and to collect rents.

4 (b) Where the Secretary determines to transfer out of 5 Federal ownership any Federal lands covered in whole or in 6 part by a right-of-way, he may offer the holder of the right7 of-way a preference right to purchase that portion of the 8 lands which is within the boundaries of the right-of-way, if 9 in the judgment of the Secretary such action is (1) necessary 10 to protect the holder's rights in the right-of-way and (2) not 11 contrary to the public interest.

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EXISTING RIGHTS-OF-WAY

13 SEC. 10. Nothing in this Act shall have the effect of 14 terminating any existing right-of-way authorized pursuant to

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any other Federal statute. However, with the consent of the holder thereof, the Secretary may cancel such a right-of-way 17 and in its stead issue a right-of-way pursuant to the provi

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SEC. 11. The Secretary is authorized to promulgate such

rules and regulations as he deem necessary to carry out the

purposes of this Act.

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2 SEC. 12. Nothing in this Act shall be construed to

3 amend, repeal, modify or change in any way the require4 ments of section 102 (2) (C) or any other provision of the 5 National Environmental Policy Act of 1969 (Public Law 91-190, 83 Stat. 852).

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The CHAIRMAN. Now instead of calling Mr. Whitaker-he will not be able to be here, Mr. Carter will be testifying for the DepartmentI thought it appropriate, in view of the fact that our two Senators have to leave and the Governor is here he made a special trip-that we go out of order and that I call on first Senator Stevens and then Senator Gravel to present Governor Egan of Alaska.

We are delighted to welcome you.

Senator STEVENS. Thank you, very much, Mr. Chairman.

We understand fully the statement you have made and for myself I want you to know I concur wholeheartedly in the statement you have just made.

It is our pleasure to have with us today our Governor, Bill Egan, and the attorney general of the State, John Havelock, and State Senator, Clifford Groh, representing the State legislature.

I want to commend you particularly for the commitment to have a hearing later if the Supreme Court does not dispose of the matter of the NEPA questions. The hearing on the bills that have been introduced concerning the particular pipepline rights-of-way.

My colleague, Senator Gravel, may have some comments to make. Senator GRAVEL. I would like to add my remarks.

The CHAIRMAN. I would like to welcome you both back to the committee.

Senator GRAVEL. Thank you.

I want to associate myself with the remarks of the Senator and also to compliment you for the dispatch and leadership you are providing to this very delicate area that faces our Nation.

Our Alaska delegation led by the Governor will acquit itself very well.

The CHAIRMAN. Thank you. I will not be able to preside throughout the hearings today and I have asked Senator Haskell, chairman of the Public Land Subcommittee, which normally would be handled in the subcommittee, but we all feel this matter is so urgent that it is being held in the full committee, and I will ask Senator Haskell shortly to take over the chair and he will be presiding throughout the day in connection with these important hearings.

Governor, once again we are delighted to welcome you to the STATEMENT OF HON. WILLIAM A. EGAN, GOVERNOR OF THE STATE OF ALASKA, ACCOMPANIED BY JOHN HAVELOCK, ATTORNEY GENERAL AND CLIFFORD GROH, STATE SENATOR

Mr. EGAN. Thank you.

Senator Jackson, Mr. Chairman, members of the Senate Interior and Insular Affairs Committee. Senator Jackson, I would like to say that I fully agree, too, with the basic topic that we are concerned with here, both you as well as your committee as well as all the other States in the union, including Alaska, and I would like to point out that in preparing my prepared remarks-they were prepared before I got down here and while understanding that the necessary basic thrust would be on S. 1081, which is mainly the basic thrust of my remarks but I do, in my remarks, get into what could be construed as maybe somewhat off the line.

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