§ 1500.306 - Enforcement of Federal laws.

(a) The OFI's enforcement function extends to “all Federal statutes relevant in any manner to pre-construction, construction, and initial operation” of ANGTS. Section 102 of the Reorganization Plan. This transfer includes, but is not limited to, the enforcement functions of the following agencies:

(1) The Environmental Protection Agency. Such enforcement functions of the Administrator and others related to compliance with:

(i) National Pollutant Discharge Elimination System permits (Section 402 of the Clean Water Act of 1977 (CWA)). These permits are required for the discharge of pollutants into waters of the U.S.

(ii) Spill prevention, containment, and countermeasure plans (Section 311 of CWA). These plans are required for major nontransportation oil storage at camps and other facilities.

(iii) Review of permits issued by the Corps of Engineers for dredged and fill materials (Section 404 of CWA). These permits are required for the discharge of dredged or fill material into waters of the U.S.

(iv) New Source Performance Standards (Section 111 of the Clean Air Act). Enforcement of standards of performance for new stationary sources of air pollution such as stationary gas turbines and incinerators.

(v) Prevention of Significant Deterioration review and approval (Sections 160-169 of the Clean Air Act). Review of construction or modification of most stationary air emission sources which emit over 100 tons per day of any air pollutant.

(vi) Resource Conservation and Recovery permits (Resource Conservation and Recovery Act of 1976). Enforcement of permits for disposal or chemical destruction of hazardous wastes.

(2) The U.S. Army Corps of Engineers. Such enforcement functions of the Secretary of the Army and others related to compliance with:

(i) Dredged and fill material permits (Section 404 of CWA). Enforcement of permits regulating the discharge in waters of the U.S. of dredged materials and pollutants that comprise fill material.

(ii) Permits for structures in navigable waters (Section 10 of Rivers and Harbors Appropriation Act of 1899). Enforcement for permits for structures, including piers, break waters, bulkheads, revetments, power transmission lines, and aids to navigation, as well as for certain work performed in navigable waters.

(3) The Department of Transportation. Such enforcement functions of the Secretary of Transportation and others related to compliance with:

(i) The Natural Gas Pipeline Safety Act of 1968 and related regulations. This entails a comprehensive oversight program to assure quality of construction and pipeline integrity.

(ii) The Federal Aviation Act and related authorizations and regulations, such as, proposed private airport facilities, air traffic limitations, and height requirements for structures like microwave transmitter towers.

(iii) Permits for bridges across navigable waters (Section 9 of Rivers & Harbors Appropriation Act of 1899).

(4) The Department of Energy and the Federal Energy Regulatory Commission. Such enforcement functions of the Secretary of Energy, the Commission and others related to compliance with:

(i) Certificates of public convenience and necessity (Section 7 of the Natural Gas Act).

(ii) Authorizations for importation of natural gas, including gas imported from Alberta as predeliveries of Alaska gas (Section 3 of the Natural Gas Act). Enforcement of requirements for facilities necessary to transport this gas.

(5) The Department of the Interior. Such enforcement functions of the Secretary of the Interior and others related to compliance with:

(i) Grants of rights-of-way and temporary use permits for Federal lands (Section 28 of Mineral Leasing Act). These grants and permits include those for gas pipelines and related facilities on Federal lands, as well as those for related temporary uses, such as campsites, roads, communications and monitoring sites.

(ii) Land use permits for temporary use of public lands and other associated land uses (Section 302, 501, and 503-511 of the Federal Land Policy and Management Act of 1976). These permits provide authority for temporary use of Federal lands in addition to the authority under the Mineral Leasing Act and include permits for field work preparatory to applying for grants of right-of-way and other associated uses.

(iii) Materials sales contracts (the Materials Act of 1947). These permits concern the removal of mineral or vegetative material from public lands.

(iv) Rights-of-way across Indian lands (Rights of Way Through Indian Lands Act). Grants of rights-of-way issued by the Secretary after tribal consent.

(v) Removal permits (the Materials Act of 1947). These permits also concern removal of mineral or vegetative material from public lands.

(vi) Approval to cross national wildlife refuges (National Wildlife Refuge System Administration Act of 1966 and Upper Mississippi River Wildlife and Fish Refuge Act). Issuances of permits or rights-of-way or permits on wildlife refuges must have Interior approval as being compatible with the purpose for establishing the refuge.

(vii) Wildlife consultation (Fish and Wildlife Coordination Act). Requirement for consultation with Fish and Wildlife Service as to the effects of rights-of-way or permits on wildlife resources.

(viii) Protection of certain birds (Migratory Bird Treaty Act and Bald and Golden Eagles Protection Act). Interior is responsible for protecting migratory birds and eagles, their nests and eggs. Special use permits or waivers are available except in the case of eagles.

(ix) Review of Corps of Engineers’ dredged and fill material permits (Section 404 of CWA). See similar discussion under paragraph (a) of this section, EPA, and paragraph (b) of this section, the Corps.

(x) Rights-of-way across recreation lands (Land and Water Conservation Fund Act of 1965). Compliance with restrictions for land acquired or developed with the assistance of the Fund.

(xi) Historic preservation (National Historic Preservation Act of 1966). Principally consultation on the effect of system activities on locations covered by the Act.

(xii) Permits issued under the Antiquities Act of 1906. Such permits allow certain institutions to examine ruins, to excavate archeological sites and to gather objects of antiquity on or from Federal lands.

(xiii) System activities requiring coordination and approval under the general authorities of:

(A) The National Trails System Act,

(B) The Wilderness Act,

(C) The Wild and Scenic Rivers Act,

(D) The National Environmental Policy Act of 1969,

(E) The Act of April 27, 1935, dealing with the prevention of soil erosion, and

(F) An Act to provide for the Preservation of Historical and Archeological Data.

The enforcement functions under these Acts generally concern requirements that the purposes and protection set forth in the Act be observed, or, depending on the specific statute, at least be taken into account, in the performance of system activities.

(xiv) Equal opportunity regulations published by the Department. 43 CFR Part 34. These regulations require affirmative action to assure against discrimination in employment and contracting on ANGTS. Section 17 of ANGTA.

(6) The Department of Agriculture. Such enforcement functions of the Secretary of Agriculture or other related to compliance with:

(i) Associated land use permits under grants of rights-of-way across Federal lands (Section 28 of the Mineral Leasing Act of 1920). Similar permits to those of Interior above except for lands administered by USDA.

(ii) Land use permits for associated land uses (Section 501 and 503-511 of Federal Land Policy and Management Act of 1976). Similar permits to those of Interior above except for lands administered by USDA.

(iii) Land use permits under the Organic Administration Act of June 4, 1897 and Title III of Bankhead-Jones Farm Tenant Act of 1937. Permits for land use of a non right-of-way nature for National Forest System lands (under the first Act) and National Grasslands (under the second Act).

(iv) Removal of materials under the Materials Act of 1947. Similar permits to those of Interior above except for lands administered by USDA.

(v) Removal of objects of antiquity (Antiquities Act of 1906). Similar permits to those of Interior above except for lands administered by USDA.

(vi) Construction and utilization of national forest roads (Roads and Trails System Act of 1964). Permanent or temporary easements issued for such roads.

(vii) System activities requiring coordination and approval under the general authorities of:

(A) The National Forest Management Act of 1976;

(B) The Multiple Use Sustained-Yield Act of 1960;

(C) The Forest and Rangelands Renewable Resources Planning Act of 1974;

(D) The National Trails System Act;

(E) The Wilderness Act;

(F) The Wild and Scenic Rivers Act;

(G) The Land and Water Conservation Fund Act of 1965;

(H) The Clean Water Act of 1977;

(I) The Fish and Wildlife Coordination Act;

(J) The Fish and Game Sanctuaries Act;

(K) The National Historic Preservation Act of 1966;

(L) An Act to provide for the preservation of Historical and Archeological Data;

(M) The National Environmental Policy Act of 1969;

(N) The Watershed Protection and Flood Prevention Act;

(O) The Soil and Water Conservation Act of 1977; and

(P) The Act of April 27, 1935, dealing with prevention of soil erosion.

The enforcement functions under these acts generally concern requirements that the purposes and protections set forth in the acts be observed, or, depending on the specific statute, at least be taken into account, in the performance of system activities.

(7) The Department of the Treasury. Such enforcement functions of the Secretary of the Treasury and others related to compliance with permits and regulations for interstate transport or storage of explosives.

(8) The Department of Labor. Pursuant to memorandum of understanding, coordination of functions to assure compliance with:

(i) The Federal Mine Safety and Health Act of 1977, and

(ii) The Occupational Safety and Health Act of 1970.

Regulations promulgated pursuant to these acts are intended to reduce lost work time resulting from workplace injuries and illnesses.

(b) The specific statutes and regulations listed above span the full spectrum of Federal regulatory law. Be they concerned with environmental protection, pipeline integrity, public convenience and necessity, or public land use, these statutes, and the resulting regulations, permits, and terms and conditions, require the OFI to oversee every aspect of ANGTS construction.