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3. The term "vegetative materials" in Section 5 (e) is too broad, we submit, since it could be interpreted to include grass and bushes on the right-of-way. Accordingly, we suggest either a clarification of the term, or removal of the words "or without" in the section.

4. The provisions of Section 5 (g) are, we submit, excessively broad, particularly in subparagraph 2, which does not even require, expressely, injury or fault, and contains no specification of what category of "third party" utilize the section. Elimination of Section 5 (g) (2) would be in order, we believe.

5.

We are aware of comments relative to S. 1081 which have been submitted on behalf of the Independent Natural Gas Association of America, by letter of March 8, 1973. We believe that the comments and suggestions contained therein are appropriate.

S.1040

1. The "Rights-of-Way For Pipelines" section of S.1040 (Section 122), would give flexible authority to the Secretary of the Interior relative to size of rights of way.

However, this relates only to "leasible land", which is defined (in Section 3 (c) of the Bill) to again exclude park system, Wildlife and Wilderness Refuge and Indian Trust lands, etc. Accordingly, this provision is subject to the same comments as are set forth in paragraph 1, above, relative to S. 1081.

2. We believe that the comments of paragraph 2, above, relative to S.1081, also apply to Section 122 of S.1040.

S. 1041

The portion of S. 1041 which relates to pipeline rights-ofway are Section 402, 404 - 409.

Again, comments 1 and 2, set forth above relative to S. 1081, apply to S. 1041, and we propose amendment here too.

We also raise the question of whether S. 1040 and 1041 are fully consistent in the areas where the same topics, such as rights-of-way, are covered by each bill.

We would close this submission by noting that we very much appreciate the diligent efforts of you and your Committee to remedy the problem crested for our nations energy supply, by the strict interpretation of the right-of-way width limitation provisions. A bill which accomplishes that vital purpose is essential, we submit, and we again suggest that, in the interest of time, a bill which does only that, such as S.1056, may be in order, with more time taken thereafter for consideration of more bread legislation.

Respectfully submitted,

William w Buckett

William W. Brackett
Vice President and General Counsel.

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RIGHTS-OF-WAY ACROSS FEDERAL LANDS: TRANSPORTATION OF ALASKA'S NORTH SLOPE OIL

HEARINGS

BEFORE THE

COMMITTEE ON
INTERIOR AND INSULAR AFFAIRS

UNITED STATES SENATE

NINETY-THIRD CONGRESS

FIRST SESSION

ON

S. 970
A BILL TO DEAL WITH THE CURRENT ENERGY CRISIS AND
THE SERIOUS SHORTAGES OF PETROLEUM PRODUCTS
FACING THE NATION AND TO AUTHORIZE CONSTRUCTION
OF THE TRANS-ALASKA PIPELINE

S. 993
A BILL TO AUTHORIZE THE SECRETARY OF THE INTERIOR
TO ISSUE RIGHTS-OF-WAY AND SPECIAL LAND USE PER-
MITS FOR THE CONSTRUCTION OF PIPELINES IN THE
STATE OF ALASKA UNDER CERTAIN CIRCUMSTANCES, AND

FOR OTHER PURPOSES

S. 1565
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

MAY 3, 1973

PART 4

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

U.S. GOVERNMENT PRINTING OFFICE

96-903 O

WASHINGTON : 1973

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