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74. In 8 RIGHTS-OF-WAY ACROSS FEDERAL LANDSS:

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S. 1040
TO REFORM THE MINERAL LEASING LAWS, AND FOR

OTHER PURPOSES

S. 1041
TO PROVIDE FOR THE MANAGEMENT, PROTECTION, DE-
VELOPMENT, AND SALE OF THE NATIONAL RESOURCE
LANDS, AND FOR OTHER PURPOSES

S. 1056
A BILL TO AMEND THE MINERAL LEASING ACT OF 1920

S. 1081
TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO
GRANT RIGHTS-OF-WAY ACROSS FEDERAL LANDS WHERE
THE USE OF SUCH RIGHTS-OF-WAY IS IN THE PUBLIC
INTEREST AND THE APPLICANT FOR THE RIGHT-OF-WAY
DEMONSTRATES THE FINANCIAL AND TECHNICAL CAPA-
BILITY TO USE THE RIGHT-OF-WAY IN A MANNER WHICH

WILL PROTECT THE ENVIRONMENT

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Printed for the use of the Committee on Interior and Insular Affairs

U.S. GOVERNMENT PRINTING OFFICE

93-145 O

WASHINGTON : 1973

.

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

HENRY M. JACKSON, Washington, Chairman

ALAN BIBLE, Nevada
FRANK CHURCH, Idaho
LEE METCALF, Montana
J. BENNETT JOHNSTON, JR., Louisiana
JAMES ABOUREZK, South Dakota
FLOYD K. HASKELL, Colorado

PAUL J. FANNIN, Arizona CLIFFORD P. HANSEN, Wyoming MARK O. HATFIELD, Oregon JAMES L, BUCKLEY, New York JAMES A. MCCLURE, Idaho DEWEY F. BARTLETT, Oklahoma

JERRY T. VERKLER, Staff Director
WILLIAM J. VAN Ness, Chief Counsel
STEVEN P. QUARLES, Special Counsel
HARRISON LOESCH, Minority Counsel

(II)

1

CONTENTS

STATEMENTS

Page Alderson, George, legislative director, Friends of the Earth.-

420 Bagge, Carl, president, National Coal Association.-

394, 396 Bernheisel, Frank, president-elect, Maryland Conservation Council..

462 Bradshaw, Thornton F., president, Atlantic Richfield Co., accompanied by Henry B. Weaver, senior vice president---

381, 389 Curry, Dr. Robert R., associate professor of environmental geology, University of Montana...

322, 329 Driver, Bruce, Washington representative, Environmental Policy Center- 305 Evans, Brock, Washington representative, Sierra Club--

305 Hall, John, vice president for forestry affairs, National Forest Products Association

443 Henshaw, Dr. Robert E., State College, Pennsylvania.

374 Jackson, Hon. Henry M., a U.S. Senator from the State of Washington, opening statement

303 Mancke, Richard B., University of Michigan..

339 Moulton, Dr. Barbara, Potomac Basin Federation---

--- 431, 436 Tankersley, G. J., president, the East Ohio Gas Co., accompanied by George H. Lawrence, vice president, American Gas Association.

424 Rogers, Walter E., president, Independent Natural Gas Association of America

318

444

ADDITIONAL INFORMATION
Hall, John, vice president for forestry affairs, National Forest Products
Association, material submitted :

Senate Report No. 1174.
Proposed changes to :

S. 1041

S. 1081 National Association of Regulatory Utility Commissioners, resolution of.. "The Lost Tribe of the Yanquis,” by Dan Townsend, from the Anchorage

Daily News, March 13, 1973_"Toward Responsible Energy Policies," a joint energy policy statement of

the American Gas Association; American Petroleum Institute; Atomic Industrial Forum, Inc.; Edison Electric Institute; and the National Coal Association

461 462 428

317

404

APPENDIX

577

524 498

Alaska Wildlife Federation and Sportsmen's Council...
Anticompetitive Impact of Oil Company Ownership of Petroleum Prod-

ucts Pipelines, House Report No. 92–1617---
Arnett, Howard, vice president, Pacific Power & Light Co--
Aspin, Hon. Les, a U.S. Representative in Congress from the State of
Wisconsin :
Letters to :

Interior Committee..

The President-
Statement of.---
Associated General Contractors of America, Inc., statement of -
Conrad, Milo M., Albuquerque, N. Mex.---

468 468 469 493 471

Page 510 512 471

576 477 476 478 479

Durand, J. Donald, general counsel, Association of Oil Pipe Lines --

Analysis of S. 1081 and accompanying summary--
Finkelstein, David, Scottsdale, Ariz---
Hall, John F., vice president, forestry affairs, National Forest Products

Association
Hammond, Harold F., Transportation Association of America.--
Harris, Mary Hazell, executive director and editor, Defenders of Wildlife-
Hart, Faye L., Bristol, Conn.---
Hopkins, John P., Seattle, Wash..
Jimison, John W., analyst in environmental policy, Environmental Policy

Division, Congressional Research Service, Library of Congress..
Kenna, E. Douglas, president, National Association of Manufacturers--

A National Energy Policy--
McCargo, David Jr., acting chairman, COSC Wilderness Workshop---
McDonald, G. Corry, New Mexico Wilderness Study Committee.-
Mager, Russell, chairman, Citizens Environmental Council....
Mondale, Hon. Walter F., a U.S. Senator from the State of Minnesota----
Pickart, Stanley J., president, Patuxent Valley Environmental Associa-

tion
Pickelner, Joel M., on behalf of the National Wildlife Federation----
Rogers, Walter E., president, Independent Natural Gas Association of

America
Roosevelt, Ann, legislative director, Friends of the Earth---
Rosan, Richard A., Columbia Gas System Service Corp.-
Seder, Arthur R., Jr., president, American Natural Gas Service Co-----
Stevens, Hon. Ted, a U.S. Senator from the State of Alaska, letter to the
Interior Committee..

S. 970, from the Congressional Record, February 21, 1973-
University of Wisconsin, Madison, Wis.-

516 560 562 478 470 472 465

575 472

503 474 485 471

466 466 573

RIGHTS-OF-WAY ACROSS FEDERAL LANDS

TUESDAY, MARCH 27, 1973

U.S. SENATE,
SENATE INTERIOR AND INSULAR AFFAIRS COMMITTEE,

Washington, D.C. The committee met, pursuant to notice, at 10 a.m., room 3110, Dirksen Building, Senator Henry M. Jackson, presiding.

Present: Senators Jackson (presiding), Bartlett, and Haskell.

Also present : Jerry T. Verkler, staff director; William J. Van Ness, chief counsel; and Steven Quarles, special counsel.

Chairman Jackson. The committee will come to order.

OPENING STATEMENT OF THE CHAIRMAN This is the second day of hearings on legislation relating to rightsof-way across public lands. We are concerned today with four bills, S. 1081, S. 1056, title IV of S. 1041, and section 122 of S. 1040, each of which would, among other things, relax the existing width limits on rights-of-way for oil and gas pipelines.

(The bills referred to are on p. 4 of the March 9 hearing.)

The CHAIRMAN. The immediate spur to this legislation is the decision of the Court of Appeals for the District of Columbia Circuit that the proposed trans-Alaska pipeline may not be built because the Mineral Leasing Act restricts such rights-of-way to 25 feet on either side of the pipeline. We are now considering legislation relating to all kinds of rights-of-way because the court's reasoning in the Alaska pipeline case may well apply to powerlines, roads, irrigation canals, and other transport and utility facilities.

I wish to emphasize again that the main topic of this hearing is not the merits or proposed route of the trans-Alaska pipeline. These are important issues of public policy, and this committee does intend to examine them after we know whether the Supreme Court will hear an appeal from the decision of the circuit court.

The committee's first hearing on right-of-way legislation was held Friday, March 9, 1973. It became clear at that time that we are dealing with more than a simple technicality concerning right-of-way widths. The procedures and standards for granting rights-of-way for pipelines alone interacts in significant ways with other issues now under consideration by this committee, including national land-use policy, the siting of energy facilities, and a host of other questions affecting energy and the environment.

For example, Section 28 of the Mineral Leasing Act, which we have proposed to amend with respect to the width limitation, also requires oil pipelines crossing the public lands to operate as common carriers.

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