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

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1972

87-235

For sale by the Superintendent of Documents
U.S. Government Printing Office, Washington, D.C. 20402
Price $4.80 domestic postpaid or $4.25 GPO Bookstore

Stock Number 5270-01735

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS

U.S. HOUSE OF REPRESENTATIVES

WAYNE N. ASPINALL, Colorado, Chairman JANES A. HALEY, Florida

JOHN P. SAYLOR, Pennsylvania, ED EDMONDSON, Oklahoma

Ranking Minority Member WALTER S. BARING, Nevada

CRAIG HOSMER, California ROY A. TAYLOR, North Carolina

JOE SKUBITZ, Kansas HAROLD T. JOHNSON, California

JOHN KYL, Iowa MORRIS K. UDALL, Arizona

SAM STEIGER, Arizona PHILLIP BURTON, California

JAMES A. MCCLURE, Idaho THOMAS S. FOLEY, Washington

DON H. CLAUSEN, California ROBERT W. KASTENMEIER, Wisconsin PHILIP E. RUPPE, Michigan JAMES G. O'HARA, Michigan

JOHN N. HAPPY CAMP, Oklahoma WILLIAM F. RYAN, New York

MANUEL LUJAN, JR., New Mexico PATSY T. MINK, Hawaii

SHERMAN P. LLOYD, Utah JAMES KEE, West Virginia

JOHN DELLENBACK, Oregon LLOYD MEEDS, Washington

KEITH G. SEBELIUS, Kansas ABRAHAM KAZEN, JR., Texas

JAMES D. MCKEVITT, Colorado BILL D. BURLISON, Missouri

JOHN H. TERRY, New York ROBERT G. STEPHENS, JR., Georgia

JORGE L. CÓRDOVA, Puerto Rico JOSEPH P. VIGORITO, Pennsylvania

(Resident Commissioner)
JOHN MELCHER, Montana
TENO RONCALIO, Wyoming
NICK BEGICH, Alaska
JAMES ABOUREZK, South Dakota

SIDNEY L. MCFARLAND, Staff Director and Chief Clerk

LEWIS A. SIGLER, Counsel
CHARLES LEPPERT, Jr., Minority Counsel
EDWARD L. WEIDENFELD, Counsel on Energy Matters

(II)

LETTER OF TRANSMITTAL

DEAR COLLEAGUE: As awareness of an impending energy crisis has grown, proposals for legislation designed to deal with the problem proliferate. The need to consider these proposals against the background of existing law prompted us to request that this compilation of Federal laws relating to energy and fuel resources be prepared by the Legislative Reference Service under the supervision of Edward L. Weidenfeld, Counsel on Energy Matters to the Committee on Interior and Insular Affairs.

Given the general objective of compiling laws relating to fuel and energy resources, and given our purpose of setting forth the existing law in this area before legislation of a more comprehensive nature

considered, we thought it best that the compilation err on the side of over-inclusiveness rather than under-inclusiveness. The length of Part I of this compilation attests to the difficulty of selecting those sections of the law relating to fuels and energy resources. Some la.ws obviously should be included, e.g., the Federal Power Act, the Natural Gas Act, the Atomic Energy Act, and the National Environmental Policy Act. Other laws have been identified through agency responses to a questionnaire reproduced in "Goals and Objectives of Federal Agencies in Fuels and Energy,” Senate Committee on Interior and Insular Affairs, 92d Congress, first session (1971). Others have been found through reading the United States Code and its general index. Still, some laws relating to energy and fuel resources may have been overlooked.

Also to be considered, but beyond the scope of this compilation, are administrative and judicial rules and interpretation of the statutes. In the area of administrative law, reading the statutory law can give one only a limited understanding of how "policy” is determined. Statutory delegations to administrative agencies are usually very broad, authorizing the agency to regulate a field of activity in accordance with "the public interest.” While some statutes list various factors to be considered by the agency in determining what constitutes "the public interest," that term is seldom well-defined. Within the broad statutory guidelines, agencies articulate “the public interest": through rules and regulations, adjudications and other procedures. In theory, administrative agencies develop a special expertise in their field of regulation and are able to resolve questions of a highly technical nature not well adapted to resolution by courts or legislatures. Judicial review of agency fact-finding is ordinarily limited to determining whether there was "subtantial evidence" in the record to support an agency's factual determinations; (5 U.S.C. 706). Thus, a starting point for examining the laws compiled in this volume might be a review of the Administrative Procedure Act, compiled along with related sections of law entitled “Administrative Procedure,' Committee Print No. 11, House Committee on Interstate and Foreign Commerce, 92d Congress, first session (1971).

Many statutes apparently simple or general on their face have received extensive case-by-case elaboration in the courts. The amount

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