15 U.S.C. § 720d | Federal Coordinator

(a)

Establishment

There is established, as an independent office in the executive branch, the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects.

(b)

Federal Coordinator

(1)

Appointment

section 720a of this titleThe 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 .

(2)

Compensation

5 U.S.C. 5314The Federal Coordinator shall be compensated at the rate prescribed for level III of the Executive Schedule ().

(c)

Duties

The Federal Coordinator shall be responsible for—

(1)

coordinating the expeditious discharge of all activities by Federal agencies with respect to an Alaska natural gas transportation project; and

(2)

ensuring the compliance of Federal agencies with the provisions of this chapter.

(d)

Reviews and actions of other Federal agencies

(1)

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.

(2)

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.

(3)

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.

(4)

Limitation

The Federal Coordinator shall not have authority to—

(A)

override—

(i)

section 720a of this title the implementation or enforcement of regulations issued by the Commission under ; or

(ii)

section 720c of this title an order by the Commission to expand the project under ; or

(B)

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.

(e)

State coordination

(1)

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.

(2)

Primary responsibility

With respect to an Alaska natural gas transportation project—

(A)

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

(B)

the State government shall have primary surveillance and monitoring responsibility in areas where the Alaska natural gas transportation project crosses State land.

(f)

Transfer of Federal Inspector functions and authority

15 U.S.C. 719e Public Law 102–486June 21, 1979On 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 ( note; ), 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.

(g)

Temporary authority

October 13, 2004The 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 .

(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 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 (relating to classification and General Schedule pay rates).

(B)

Maximum level of compensation

5 U.S.C. 5314The 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 ().

(C)

Allowances

Section 5941 of title 5 shall apply to personnel appointed by the Federal Coordinator under paragraph (1)(A).

(3)

Temporary services

(A)

In general

section 3109(b) of title 5The Federal Coordinator may procure temporary and intermittent services in accordance with .

(B)

Maximum level of compensation

5 U.S.C. 5314The 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 ().

(4)

Fees, charges, and commissions

(A)

In general

section 1734 of title 43With 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 .

(B)

Authority of Secretary of the Interior

section 1734 of title 43Subparagraph (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 .

(C)

Use of funds

The Federal Coordinator is authorized to use, without further appropriation, amounts collected under subparagraph (A) to carry out this section.

Pub. L. 108–324, div. C, § 106Oct. 13, 2004118 Stat. 1259 Pub. L. 109–148, div. A, title VIII, § 8128Dec. 30, 2005119 Stat. 2731 Pub. L. 110–140, title VIII, § 802Dec. 19, 2007121 Stat. 1717(, , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 108–324Oct. 13, 2004118 Stat. 1255 Pub. L. 108–324 section 2 of Pub. L. 108–324 118 Stat. 1220 section 720 of this titleThis chapter, referred to in subsecs. (c)(2) and (d)(1), was in the original “this division”, meaning division C of , , , 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 as provided in , . For complete classification of division C to the Code, see Short Title note set out under and Tables.

section 719e of this titleReorganization Plan No. 1 of 1979, referred to in subsec. (f), is set out as a note under .

section 719e of this titleExecutive Order No. 12142, referred to in subsec. (f), is set out as a note under .

Amendments

Pub. L. 110–1402007—Subsec. (h). added subsec. (h).

Pub. L. 109–1482005—Subsec. (g). substituted “earlier” for “later”.

Statutory Notes and Related Subsidiaries

Effective Date of 2007 Amendment

Pub. L. 110–140Dec. 19, 2007section 1601 of Pub. L. 110–140 section 1824 of Title 2Amendment by effective on the date that is 1 day after , see , set out as an Effective Date note under , The Congress.