§ 1652. — Authorizations for construction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1652]
TITLE 43--PUBLIC LANDS
CHAPTER 34--TRANS-ALASKA PIPELINE
Sec. 1652. Authorizations for construction
(a) Congressional declaration of purpose
The purpose of this chapter is to insure that, because of the
extensive governmental studies already made of this project and the
national interest in early delivery of North Slope oil to domestic
markets, the trans-Alaska oil pipeline be constructed promptly without
further administrative or judicial delay or impediment. To accomplish
this purpose it is the intent of the Congress to exercise its
constitutional powers to the fullest extent in the authorizations and
directions herein made and in limiting judicial review of the actions
taken pursuant thereto.
(b) Issuance, administration, and enforcement of rights-of-way, permits,
leases, and other authorizations
The Congress hereby authorizes and directs the Secretary of the
Interior and other appropriate Federal officers and agencies to issue
and take all necessary action to administer and enforce rights-of-way,
permits, leases, and other authorizations that are necessary for or
related to the construction, operation, and maintenance of the trans-
Alaska oil pipeline system, including roads and airstrips, as that
system is generally described in the Final Environmental Impact
Statement issued by the Department of the Interior on March 20, 1972.
The route of the pipeline may be modified by the Secretary to provide
during construction greater environmental protection.
(c) Applicability of statutes governing rights-of-way for pipelines
through Federal lands; other statutory terms and conditions;
waiver of procedural requirements; supersedure of administrative
authorizations for construction
Rights-of-way, permits, leases, and other authorizations issued
pursuant to this chapter by the Secretary shall be subject to the
provisions of section 185 of title 30, as amended by Pub. L. 93-153
(except the provisions of subsections (h)(1), (k), (q), (w)(2), and
(x)); all authorizations issued by the Secretary and other Federal
officers and agencies pursuant to this chapter shall include the terms
and conditions required, and may include the terms and conditions
permitted, by the provisions of law that would otherwise be applicable
if this chapter had not been enacted, and they may waive any procedural
requirements of law or regulation which they deem desirable to waive in
order to accomplish the purposes of this chapter. The direction
contained in subsection (b) of this section shall supersede the
provisions of any law or regulation relating to an administrative
determination as to whether the authorizations for construction of the
trans-Alaska oil pipeline shall be issued.
(d) National Environmental Policy Act of 1969 bypassed; issuance of
authorizations for construction and operation not to be subject
to judicial review; time limits on charges of invalidity or
unconstitutionality; jurisdiction; hearings; review
The actions taken pursuant to this chapter which relate to the
construction and completion of the pipeline system, and to the
applications filed in connection therewith necessary to the pipeline's
operation at full capacity, as described in the Final Environmental
Impact Statement of the Department of the Interior, shall be taken
without further action under the National Environmental Policy Act of
1969 [42 U.S.C. 4321 et seq.]; and the actions of the Federal officers
concerning the issuance of the necessary rights-of-way, permits, leases,
and other authorizations for construction and initial operation at full
capacity of said pipeline system shall not be subject to judicial review
under any law except that claims alleging the invalidity of this section
may be brought within sixty days following November 16, 1973, and claims
alleging that an action will deny rights under the Constitution of the
United States, or that the action is beyond the scope of authority
conferred by this chapter, may be brought within sixty days following
the date of such action. A claim shall be barred unless a complaint is
filed within the time specified. Any such complaint shall be filed in a
United States district court, and such court shall have exclusive
jurisdiction to determine such proceeding in accordance with the
procedures hereinafter provided, and no other court of the United
States, of any State, territory, or possession of the United States, or
of the District of Columbia, shall have jurisdiction of any such claim
whether in a proceeding instituted prior to or on or after November 16,
1973. Such court shall not have jurisdiction to grant any injunctive
relief against the issuance of any right-of-way, permit, lease, or other
authorization pursuant to this section except in conjunction with a
final judgment entered in a case involving a claim filed pursuant to
this section. An interlocutory or final judgment, decree, or order of
such district court may be reviewed only upon petition for a writ of
certiorari to the Supreme Court of the United States.
(e) Amendment or modification of rights-of-way, permits, leases, or
other authorizations
The Secretary of the Interior and the other Federal officers and
agencies are authorized at any time when necessary to protect the public
interest, pursuant to the authority of this section and in accordance
with its provisions, to amend or modify any right-of-way, permit, lease,
or other authorization issued under this chapter.
(Pub. L. 93-153, title II, Sec. 203, Nov. 16, 1973, 87 Stat. 584; Pub.
L. 98-620, title IV, Sec. 402(46), Nov. 8, 1984, 98 Stat. 3360; Pub. L.
100-352, Sec. 6(c), June 27, 1988, 102 Stat. 663.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (d), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (section 4321 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
Amendments
1988--Subsec. (d). Pub. L. 100-352 amended last sentence generally.
Prior to amendment, last sentence read as follows: ``Any review of an
interlocutory or final judgment, decree, or order of such district court
may be had only upon direct appeal to the Supreme Court of the United
States.''
1984--Subsec. (d). Pub. L. 98-620 struck out provision that any such
proceeding had to be assigned for hearing at the earliest possible date,
had to take precedence over all other matters pending on the docket of
the district court at that time, and had to be expedited in every way by
such court.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-352 effective ninety days after June 27,
1988, except that such amendment not to apply to cases pending in
Supreme Court on such effective date or affect right to review or manner
of reviewing judgment or decree of court which was entered before such
effective date, see section 7 of Pub. L. 100-352, set out as a note
under section 1254 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-620 not applicable to cases pending on Nov.
8, 1984, see section 403 of Pub. L. 98-620, set out as a note under
section 1657 of Title 28, Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in section 1655 of this title; title 30
section 185; title 50 App. section 2406.
