Title 15 — Commerce and Trade
Chapter 15D — Alaska Natural Gas Pipeline
§ 720d. Federal Coordinator
Statutory text
Establishment
There is established, as an independent office in the executive branch, the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects.
Federal Coordinator
Appointment
The Office shall be headed by a Federal Coordinator for Alaska Natural Gas Transportation Projects, who shall be appointed by the President, by and with the advice and consent of the Senate, to serve a term to last until 1 year following the completion of the project referred to in section 720a of this title.
Compensation
The Federal Coordinator shall be compensated at the rate prescribed for level III of the Executive Schedule (5 U.S.C. 5314).
Duties
The Federal Coordinator shall be responsible for—
coordinating the expeditious discharge of all activities by Federal agencies with respect to an Alaska natural gas transportation project; and
ensuring the compliance of Federal agencies with the provisions of this chapter.
Reviews and actions of other Federal agencies
Expedited reviews and actions
All reviews conducted and actions taken by any Federal agency relating to an Alaska natural gas transportation project authorized under this section shall be expedited, in a manner consistent with completion of the necessary reviews and approvals by the deadlines under this chapter.
Prohibition of certain terms and conditions
No Federal agency may include in any certificate, right-of-way, permit, lease, or other authorization issued to an Alaska natural gas transportation project any term or condition that may be permitted, but is not required, by any applicable law if the Federal Coordinator determines that the term or condition would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of the Alaska natural gas transportation project.
Prohibition of certain actions
Unless required by law, no Federal agency shall add to, amend, or abrogate any certificate, right-of-way, permit, lease, or other authorization issued to an Alaska natural gas transportation project if the Federal Coordinator determines that the action would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of the Alaska natural gas transportation project.
Limitation
The Federal Coordinator shall not have authority to—
override—
the implementation or enforcement of regulations issued by the Commission under section 720a of this title; or
an order by the Commission to expand the project under section 720c of this title; or
impose any terms, conditions, or requirements in addition to those imposed by the Commission or any agency with respect to construction and operation, or an expansion of, the project.
State coordination
In general
The Federal Coordinator and the State shall enter into a joint surveillance and monitoring agreement similar to the agreement in effect during construction of the Trans-Alaska Pipeline, to be approved by the President and the Governor of the State, for the purpose of monitoring the construction of the Alaska natural gas transportation project.
Primary responsibility
With respect to an Alaska natural gas transportation project—
the Federal Government shall have primary surveillance and monitoring responsibility in areas where the Alaska natural gas transportation project crosses Federal land or private land; and
the State government shall have primary surveillance and monitoring responsibility in areas where the Alaska natural gas transportation project crosses State land.
Transfer of Federal Inspector functions and authority
On appointment of the Federal Coordinator by the President, all of the functions and authority of the Office of Federal Inspector of Construction for the Alaska Natural Gas Transportation System vested in the Secretary under section 3012(b) of the Energy Policy Act of 1992 (15 U.S.C. 719e note; Public Law 102–486), including all functions and authority described and enumerated in the Reorganization Plan No. 1 of 1979 (44 Fed. Reg. 33663), Executive Order No. 12142 of (44 Fed. Reg. 36927), and section 5 of the President’s decision, shall be transferred to the Federal Coordinator.
Temporary authority
The functions, authorities, duties, and responsibilities of the Federal Coordinator shall be vested in the Secretary until the earlier of the appointment of the Federal Coordinator by the President, or 18 months after .
Administration
Personnel appointments
In general
The Federal Coordinator may appoint and terminate such personnel as the Federal Coordinator determines to be appropriate.
Authority of Federal Coordinator
Personnel appointed by the Federal Coordinator under subparagraph (A) shall be appointed without regard to the provisions of title 5 governing appointments in the competitive service.
Compensation
In general
Subject to subparagraph (B), personnel appointed by the Federal Coordinator under paragraph (1)(A) shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 (relating to classification and General Schedule pay rates).
Maximum level of compensation
The rate of pay for personnel appointed by the Federal Coordinator under paragraph (1)(A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule (5 U.S.C. 5314).
Allowances
Section 5941 of title 5 shall apply to personnel appointed by the Federal Coordinator under paragraph (1)(A).
Temporary services
In general
The Federal Coordinator may procure temporary and intermittent services in accordance with section 3109(b) of title 5.
Maximum level of compensation
The level of compensation of an individual employed on a temporary or intermittent basis under subparagraph (A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule (5 U.S.C. 5314).
Fees, charges, and commissions
In general
With respect to the duties of the Federal Coordinator, as described in this chapter, the Federal Coordinator shall have similar authority to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds as provided to the Secretary of the Interior in section 1734 of title 43.
Authority of Secretary of the Interior
Subparagraph (A) shall not affect the authority of the Secretary of the Interior to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds under section 1734 of title 43.
Use of funds
The Federal Coordinator is authorized to use, without further appropriation, amounts collected under subparagraph (A) to carry out this section.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Military Construction Appropriations Act, 2005
Pub. L. 108–324 div. C § 106 · 118 Stat. 1220
Enacted · 15 U.S.C. § 720d
Pub. L. 108–324, div. C, § 106, Oct. 13, 2004, 118 Stat. 1259
Source evidence
Code source credit
Pub. L. 108–324, div. C, § 106, Oct. 13, 2004, 118 Stat. 1259Enacted provision · exact public law section
Sec. 106. None of the funds made available in this Act shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Military Construction Appropriations Acts.Support Our Scouts Act of 2005
Pub. L. 109–148 div. A title VIII § 8128 · 119 Stat. 2680
Substituted · 15 U.S.C. § 720d(g)
Pub. L. 109–148 substituted “earlier” for “later”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 109–148 substituted “earlier” for “later”.Enacted provision · exact public law section
Sec. 8128. Section 106(g) of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720d) is amended be striking “later” and inserting “earlier”.Energy Independence and Security Act of 2007
Pub. L. 110–140 title VIII § 802 · 121 Stat. 1492
Added · 15 U.S.C. § 720d(h)
Pub. L. 110–140 added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 110–140 added subsec. (h).Enacted provision · exact public law section
SEC. 802. ALASKA NATURAL GAS PIPELINE ADMINISTRATION. Section 106 of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720d) is amended by adding at the end the following: “(h) Administration.— “(1) Personnel appointments.— “(A) In general.— The Federal Coordinator may appoint and terminate such personnel as the Federal Coordinator determines to be appropriate. “(B) Authority of federal coordinator.— Personnel appointed by the Federal Coordinator under subparagraph (A) shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. “(2) Compensation.— “(A) In general.— Subject to subparagraph (B), personnel appointed by the Federal Coordinator under paragraph (1)(A) shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code (relating to classification and General Schedule pay rates). “(B) Maximum level of compensation.— The rate of pay for personnel appointed by the Federal Coordinator under paragraph (1)(A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule (5 U.S.C. 5314). “(C) Allowances.— Section 5941 of title 5, United States Code, shall apply to personnel appointed by the Federal Coordinator under paragraph (1)(A). “(3) Temporary services.— “(A) In general.— The Federal Coordinator may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code. “(B) Maximum level of compensation.— The level of compensation of an individual employed on a temporary or intermittent basis under subparagraph (A) shall not exceed the maximum level of rate payable for level III of the Executive Schedule (5 U.S.C. 5314). “(4) Fees, charges, and commissions.— “(A) In general.— With respect to the duties of the Federal Coordinator, as described in this Act, the Federal Coordinator shall have similar authority to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds as provided to the Secretary of the Interior in section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734). “(B) Authority of secretary of the interior.— Subparagraph (A) shall not affect the authority of the Secretary of the Interior to establish, change, and abolish reasonable filing and service fees, charges, and commissions, require deposits of payments, and provide refunds under section 304 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734). “(C) Use of funds.— The Federal Coordinator is authorized to use, without further appropriation, amounts collected under subparagraph (A) to carry out this section.” .Effective date note
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
3 of 3 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in subsecs. (c)(2) and (d)(1), was in the original “this division”, meaning division C of Pub. L. 108–324, , 118 Stat. 1255, which is classified principally to this chapter. This chapter, referred to in subsec. (h)(4)(A), was in the original “this Act”, also meaning division C of Pub. L. 108–324 as provided in section 2 of Pub. L. 108–324, 118 Stat. 1220. For complete classification of division C to the Code, see Short Title note set out under section 720 of this title and Tables.
Reorganization Plan No. 1 of 1979, referred to in subsec. (f), is set out as a note under section 719e of this title.
Executive Order No. 12142, referred to in subsec. (f), is set out as a note under section 719e of this title.
Amendments2005–2007 · 2 rounds
2007
Subsec. (h). Pub. L. 110–140 added subsec. (h).
2005
Subsec. (g). Pub. L. 109–148 substituted “earlier” for “later”.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after , see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.