Why is it that you assume that the Congress of the United States does not represent the public will when we legislate, but does represent the public will, or the only repository of the public will, with regard to the decision on the pipeline? Mr. MARSHALL. I don't believe that I made the first statement. I do believe that the Congress represents the public will. I am inquiring into the methods by which Congress intends to elicit the public will in the case of these bills. I am asking-I hope modestly-whether or not Congress is prepared to consider a very much more extensive series of hearings than this rather hurried effort in Washington, D.C. Senator HASKELL. Senator Jackson already announced we are having another hearing on the 27th of this month. Mr. MARSHALL. In Washington? Senator HASKELL. Yes. Mr. MARSHALL. But you don't at this point, if I understand it, intend or have not decided to hold a series of meetings in different states. Senator HASKELL. That was not decided. In any event, Senator Jackson is the committee chairman. I am chairman of the subcommittee. That will be up to him. Senator MCCLURE. I have no further questions. Senator HASKELL. Thank you very much. [The prepared statement of Mr. Marshall follows:] STATEMENT PREPARED FOR THE SENATE COMMITTEE ON INTERIOR AND Mr. Chairman, Members of the Committee. I am David Marshall, My remarks concern S. 1040, S. 1041 and S. 1081. bills or My group cannot afford to send a representative to testify at different hearings on different parts of the same bills. If there are hearings on rights of way they should be on rights of way on the whole bills in which rights of way are embedded. But rights of way cannot for long be intelligently discussed without reference to their context. My remarks therefore go beyond the Chairman's expressed preference for discussing rights of way only in these hearings. No one denies that rights of way legislation and administrative regulations on them are incoherent. Yet that they are incoherent is not itself unintelligible. Legislation and its administrative interpretation is a response to a felt social need. Different pressures on land use at different times have built up willy nilly a patchwork quilt of rights of way legislation. The attempt to 93-145 O 73 - 20 detect a pattern and to plan to reduce in future its dazzling variety is therefore laudable. This is what we take to be the fundamental intent of these bills --and as an example I refer to the common corridors concept of Section 4 of S. 1081. Yet the incoherence is not without merit. Who would have thought that an old law passed for a different purpose at a time when a different and less powerful technology was to hand would have been used to stop an Alaska pipeline 50 years later? I refer to the Mineral Leasing Act of 1920. Yet we support the efforts to stop the pipeline, and are therefore grateful for this particular incoherence. If the M.L.A. had given the Secretary of the Interior carte blanche to permit whatever rights of way were required, the damage to our public lands would arguably have been greater. Yet this is precisely what these bills propose to do: S. 1040, Sec.122; S.1041, Sec.402; S.1081, Sec.3. As I hope to show, the intended controls on this carte blanche are inadequate. But first, I wish to explore the Alaska pipeline problem and its relationship to these bills. Senator Stevens is quite explicit about this. In Cong. Record S.3006/7 February 21, 1973 he argues that the energy crisis which exists will be solved by S. 970, by permitting the Alaska pipeline to be built by the simple expedient of giving the Secretary power to establish whatever width of right of way is required to build it. The same intent is contained in the three bills befor us today. It suggests something of the impetus for the bills, yet to us takes for granted what is yet to be proved: first, that the crisis exists, and second that the Alaska pipeline is the appropriate solution. Congressman Meeds is also explicit, but has a more subtle argument. and that by granting such authority by Act of Congress "the administrat- Record S. 3751 he says that "the [recent decision of the D.C.Circuit is "opposed to Congressional authorization of the pipeline for Alaska Congressional intervention on the pipeline or any other vital energy matter if litigation should go on and on without resolution." For opponents of the Alaska pipeline, these ideas constitute threats. I am arguing, then, that a decision on the Alaska pipeline is one S.1081 is the least broad, concerning as it does rights of way only. 14 |