93D CONGRESS 18T SESSION S. 1565 IN THE SENATE OF THE UNITED STATES APRIL 12, 1973 Mr. MONDALE (for himself, Mr. BAYH, Mr. MANSFIELD, Mr. STEVENSON, Mr. PERCY, Mr. MCINTYRE, Mr. STAFFORD, and Mr. NELSON) introduced the following bill; which was read twice and referred to the Committee on Interior and Insular Affairs A BILL To permit Congress to play its proper role in the formulation of policy relating to foreign commerce, the public lands, and the energy needs of the country. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "North Slope Energy 4 Resources Act of 1973". 5 6 7 8 SEC. 2. Congress hereby finds and declares that (a) the question of how the oil and natural gas resources of Alaska's North Slope can best serve the needs of the Nation raises issues of national importance; 2 (b) this issue is closely related to and dependent on issues of vital importance concerning the granting of rights-of-way across Federal lands; (c) a continuing legal controversy exists as to whether the Interior Department has complied with its obligations under the National Environmental Policy Act to study and describe a trans-Alaska-Canada transportation corridor as an alternative for an all-Alaskan route for the delivery of North Slope oil and gas; (d) this controversy poses the threat of continued litigation that could significantly postpone the implementation of any delivery system for North Slope oil and natural gas; (e) it is the will of the Congress to avoid the uncertainties of continued litigation and to facilitate the delivery of North Slope oil and gas resources in the manner that will best serve the environmental, economic, and national security needs of the Nation; (f) recognizing its constitutional responsibility to regulate foreign commerce (article I, section 8) and mindful that congressional action is required before any delivery system for North Slope oil and natural gas can be constructed, the Congress hereby seeks to insure that sufficient information be made available promptly to facilitate the decisions as to whichever delivery system 3 1 for North Slope oil and natural gas would best serve the 4 5 6 SEC. 3. As used in this Act (a) "Right-of-way" means an easement, lease, permit, or license to occupy, use, or traverse Federal lands. (b) "Federal lands" means all lands owned by the 7 United States except (1) lands in the national park system, 8 (2) lands in the national wildlife refuge system, (3) lands 9 on the Outer Continental Shelf, (4) lands in the national 10 wilderness preservation system, and (5) lands held by the 11 United States in trust for any Indian or Indian tribe, and 12 lands held or owned by any Indian or Indian tribe under a 13 limitation or restriction on alienation requiring the consent 14 of the United States. 15 (c) The "Foundation" means the National Science 16 Foundation. 17 (d) The "Director" means the Director of the National 18 Science Foundation. 19 20 (e) A "corridor" means a trans-Alaska-Canada common corridor, including any pipelines or other delivery sys21 tems contained therein, for the delivery of North Slope 22 Alaska oil and natural gas. 23 SEC. 4. (a) Notwithstanding the provisions of section 24 28 of the Mineral Leasing Act of 1920 (30 U.S.C. 185), 25 the Secretary of the Interior is authorized to grant, issue, or 1 4 renew rights-of-way over, upon, or through the Federal 2 lands for any purpose authorized by said section, except for 3 those purposes prohibited by subsection (a) of section 8 of 4 this Act, in such widths as he may deem necessary and 5 proper, after complying with all existing applicable statutes, 6 regulations, and proceedings pertaining to granting, issuance, 7 or renewal of such permits, for a period of two years from 8 the date of enactment of this Act: Provided, That no such 9 rights-of-way be granted or issued unless the requested right10 of-way is within an existing common corridor or the Secre11 tary of the Interior finds there is no feasible and prudent 12 alternative except to grant the right-of-way requested outside 13 such existing corridors. 14 (b) No more than twelve months following the date of 15 enactment of this Act, the Secretary of the Interior shall 16 submit to the Congress a catalog of existing rights-of-way 17 laws; a description of the extent to which Federal lands are now dedicated to private rights-of-way; a comprehensive 19 Federal plan for the granting of rights-of-way across the Fed20 eral lands; and the required environmental impact state21 ments thereon, pursuant to the National Environmental 22 Policy Act of 1969. 18 23 (c) The holder of any rights-of-way granted or issued 24 pursuant to subsection (a) of this section shall be held harm25 less should the Congress at any subsequent date enact stand 95-290 O-73-2 5 1 ards for the granting or issuing of rights-of-way across the 2 Federal lands inconsistent with the provisions under which 3 such permits were initially granted or issued. 4 SEC. 5. (a) The President of the United States is au5 thorized and requested, utilizing the services of the Secretary 6 of State, to enter into negotiations with the appropriate 7 officials of the Government of Canada to ascertain within 8 one hundred and eighty days of the date of enactment of this 9 Act the feasibility of construction, operation, and maintenance of a corridor. 10 11 (b) For purposes of determining such feasibility and 12 as a result of the negotiations authorized under subsection 13 (a) of this section, the Secretary of State, within two hun14 dred and seventy days of the date of passage of this Act, shall 15 submit to the Secretary of the Interior and the Interior 16 Committees of the House and Senate, his findings on(1) the estimated cost of construction and operation of a corridor, 17 18 (2) the estimated feasible date for commencement and completion of construction of a corridor, (3) the quantity levels of oil and natural gas from the North Slope of Alaska which the Government of Canada would guarantee through a corridor, (4) the willingness of the Government of Canada |