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gas which is committed or dedicated to interstate commerce as of the day before the date of the enactment of this Act and which is

(i) high-cost natural gas (as defined in section 107(c)(1), (2), (3), or (4) of this Act);

(ii) new natural gas (as defined in section 102(c) of this Act); or

(iii) natural gas produced from any new, onshore production well (as ed in section 103(c) of this Act).

(C) Authorized Sales Or Assignments.- For purposes of section 1(b) of the Natural Gas Act, the provisions of the Natural Gas Act and the jurisdiction of the Commission under such Act shall not apply by reason of any sale of natural gas

(i) authorized under section 302(a) or 311(b); or

(ii) pursuant to any assigned authorized under section 312(a). (D) Natural-Gas Company.--For purposes of the Natural Gas Act, the term "natural-gas company” (as defined in section 2(6) of such Act) shall not include any person by reason of, or with respect to, any sale of natural gas if the provisions of the Natural Gas Act and the jurisdiction of the Commission do not apply to such sale solely by reason of subparagraph (A), (B), or (C) of this paragraph.

(E) Alaskan Natural Gas.—Subparagraph (B)(ii) and (iii) shall not apply with respect to natural gas produced from the Prudhoe Bay unit of Alaska and transported through the transportation system approved under the Alaska Natural Gas Transportation Act of 1976. (2) Transportation.

(A) Jurisdiction of the Commission.-For purposes of section 1(b) of the Natural Gas Act the provisions of such Act and the jurisdiction of the Commission under such Act shall not apply to any transportation in interstate commerce of natural gas if such transportation is

(i) pursuant to any order under section 302(c) or section 303(b), (c), (d), or (h) of this Act; or

(ii) authorized by the Commission under section 311(a) of this Act. (B) Natural-Gas Company.-For purposes of the Natural Gas Act, the term "natural-gas company” (as defined in section 2(6) of such Act) shall not include any person by reason of, or with respect to, any transportation of natural gas if the provisions of the Natural Gas Act and the jurisdiction of the Commission under the Natural Gas Act do not apply to such transportation by reason of subparagraph (A) of

this paragraph. (b) Charges Deemed Just And Reasonable.(1) Sales.

(A) First Sales.-Subject to paragraph (4), for purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any first sale of natural gas shall be deemed to be just and reasonable if

(i) such amount does not exceed the applicable maximum lawful price established under title I of this Act; or

(ii) there is no applicable maximum lawful price solely by reason of the elimination of price controls pursuant to subtitle B of title I of this Act.

(B) Emergency Sales.-For purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any sale authorized under section 302(a) shall be deemed to be just and reasonable if such amount does not exceed the fair and equitable price established under such section and applicable to such sale.

(C) Sales By Intrastate Pipelines.-For purposes of sections 4 and 5 of the Natural Gas Act, any amount paid in any sale authorized by the Commission under section 311(b) shall be deemed to be just and reasonable if such amount does not exceed the fair and equitable price established by the Commission and applicable to such sale.

(D) Assignments. For purposes of sections 4 and 5 of the Natural Gas Act, any amount paid pursuant to the terms of any contract with respect to that portion of which the Commission has authorized an assignment authorized under section 312(a) shall be deemed to be just and reasonable if such amount does not exceed the applicable maximum lawful price established under title I of this Act.

(E) Affiliated Entities Limitation. For purposes of paragraph (1), in the case of any first sale between any interstate pipeline and any affiliate of such pipeline, any amount paid in any first sale shall be deemed to be just and reasonable if, in addition to satisfying the requirements of such paragraph, such amount does not exceed the amount paid in comparable first sales between persons not affiliated with such interstate pipeline. (2) Other Charges.

(A) Allocation. For purposes of sections 4 and 5 of the Natural Gas Act, any

amount paid by any interstate pipeline for transportation, storage, delivery or other services provided pursuant to any order under section 303(b), (c), or (d) of this Act shall be deemed to be just and reasonable if such amount is prescribed by the President under section 303(h)(1).

(B) Transportation. For purposes of sections 4 and 5 of the Natural Gas Act, any amount paid by any interstate pipeline for any transportation authorized by the Commission under section 311(a) of this Act shall be deemed to be just and reasonable if

such amount does not exceed that approved by the Commission under such section. (c) Guaranteed Passthrough.

(1) Certificate May Not Be Denied Based Upon Price.—The Commission may not deny, or condition the grant of, any certificate under section 7 of the Natural Gas Act based upon the amount paid in any sale of natural gas, if such amount is deemed to be just and reasonable under subsection (b) of this section.

(2) Recovery of Just And Reasonable Prices Paid.—For purposes of sections 4 and 5 of the Natural Gas Act, the Commission may not deny any interstate pipeline recovery of any amount paid with respect to any purchase of natural gas if

(A) under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act, and

(B) such recovery is not inconsistent with any requirement of any rule under section 201 (including any amendment under section 202), except to the extent the Commission determines that the amount paid was excessive due to fraud, abuse, or similar grounds.

Effect on State Laws

Sec. 602.

(a) Authority To Prescribe Lower Maximum Lawful Prices.- Nothing in this Act shall affect the authority of any State to establish or enforce any maximum lawful price for the first sale of natural gas produced in such State which does not exceed the applicable maximum lawful price, if any, under title I of this Act.

(b) Common Carriers.—No person shall be subject to regulation as a common carrier under any provision of Federal or State law by reason of any transportation

(1) pursuant to any order under section 302(c) or section 303(b), (c), (d), or (i) of this Act; or (2) authorized by the Commission under section 311(a) of this Act.

Approved November 9, 1978.

LEGISLATIVE HISTORY: P.L. 95-621

HOUSE REPORTS:

No. 95-437 (Comm. on Ways & Means) and

No. 95-1752 (Comm. of Conference). SENATE REPORTS:

No. 95-423 (Comm. on Finance) and

No. 95-1126 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 123 (1977);

July 18, considered and passed House.
Oct. 4, considered and passed Senate, amended.
Oct. 13, House agreed to certain Senate amendments;

agreed to Senate amendment No. 8 with an amendment.
Vol. 124 (1978):
Sept. 12-15, 18, 19, 25, 27, Senate agreed to conference report and to

House amendment of Senate amendment No. 8.

Oct. 15, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 45:

Nov. 9, Presidential statement.

CC. Occupational Safety and Health Act of 1970, Public Law 91-596, 84 Stat.

1590, December 29, 1970 (29 USC 651-678), as amended by: Public Laws 93-237, 87 Stat. 1023, January 2, 1974; and 95-251, 92 Stat. 183, March 27, 1978.

An Act

To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Occupational Safety and Health Act of Occupational 1970”.

Safety and

Health Act of Congressional Findings and Purpose

1970. Sec. 2.

(a) The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments.

(b) The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources

(1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;

(2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;

(3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under the Act;

(4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions;

(5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems;

(6) by exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety;

(7) by providing medical criteria which will assure insofar as practicable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience;

(8) by providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health;

(9) by providing for the development and promulgation of occupational safety and health standards;

(10) by providing an effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for any individual violating this prohibition;

(11) by encouraging the States to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws by providing grants to the States to assist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this Act, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connection therewith;

(12) by providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problem;

(13) by encouraging joint labor-management efforts to reduce injuries and disease arising out of employment.

amount paid by any interstate pipeline for transportation, storage, delivery or other services provided pursuant to any order under section 303(b), (c), or (d) of this Act shall be deemed to be just and reasonable if such amount is prescribed by the President under section 303(h)(1).

(B) Transportation. For purposes of sections 4 and 5 of the Natural Gas Act, any amount paid by any interstate pipeline for any transportation authorized by the Commission under section 311(a) of this Act shall be deemed to be just and reasonable if

such amount does not exceed that approved by the Commission under such section. (c) Guaranteed Passthrough.(1) Certificate May Not Be Denied Based Upon Price.

The Commission may not deny, or condition the grant of, any certificate under section 7 of the Natural Gas Act based upon the amount paid in any sale of natural gas, if such amount is deemed to be just and reasonable under subsection (b) of this section.

(2) Recovery of Just And Reasonable Prices Paid.—For purposes of sections 4 and 5 of the Natural Gas Act, the Commission may not deny any interstate pipeline recovery of any amount paid with respect to any purchase of natural gas if

(A) under subsection (b) of this section, such amount is deemed to be just and reasonable for purposes of sections 4 and 5 of such Act, and

(B) such recovery is not inconsistent with any requirement of any rule under section 201 (including any amendment under section 202), except to the extent the Commission determines that the amount paid was excessive due to fraud, abuse, or similar grounds.

Effect on State Laws

Sec. 602.

(a) Authority To Prescribe Lower Maximum Lawful Prices.—Nothing in this Act shall affect the authority of any State to establish or enforce any maximum lawful price for the first sale of natural gas produced in such State which does not exceed the applicable maximum lawful price, if any, under title I of this Act.

(b) Common Carriers.—No person shall be subject to regulation as a common carrier under any provision of Federal or State law by reason of any transportation

(1) pursuant to any order under section 302(c) or section 303(b), (c), (d), or (i) of this Act; or (2) authorized by the Commission under section 311(a) of this Act.

Approved November 9, 1978.

LEGISLATIVE HISTORY: P.L. 95-621

HOUSE REPORTS:

No. 95-437 (Comm. on Ways & Means) and

No. 95-1752 (Comm. of Conference). SENATE REPORTS:

No. 95-423 (Comm. on Finance) and

No. 95-1126 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 123 (1977);

July 18, considered and passed House.
Oct. 4, considered and passed Senate, amended.
Oct. 13, House agreed to certain Senate amendments;

agreed to Senate amendment No. 8 with an amendment.
Vol. 124 (1978):
Sept. 12-15, 18, 19, 25, 27, Senate agreed to conference report and to

House amendment of Senate amendment No. 8.
Oct. 15, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 45:

Nov. 9, Presidential statement.

CC. Occupational Safety and Health Act of 1970, Public Law 91-596, 84 Stat.

1590, December 29, 1970 (29 USC 651-678), as amended by: Public Laws 93-237, 87 Stat. 1023, January 2, 1974; and 95-251, 92 Stat. 183, March 27, 1978.

An Act

To assure safe and healthful working conditions for working men and women; by authorizing
enforcement of the standards developed under the Act; by assisting and encouraging the States
in their efforts to assure safe and healthful working conditions; by providing for research,
information, education, and training in the field of occupational safety and health; and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That this Act may be cited as the “Occupational Safety and Health Act of
1970”.

Occupational
Safety and
Health Act of
1970.

Congressional Findings and Purpose Sec. 2.

(a) The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production,

wage loss, medical expenses, and disability compensation payments. (b) The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources

(1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;

(2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;

(3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under the Act;

(4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions;

(5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems;

(6) by exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety;

(7) by providing medical criteria which will assure insofar as practicable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience;

(8) by providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health;

(9) by providing for the development and promulgation of occupational safety and health standards;

(10) by providing an effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for any individual violating this prohibition;

(11) by encouraging the States to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws by providing grants to the States to assist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this Act, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connection therewith;

(12) by providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problem;

(13) by encouraging joint labor-management efforts to reduce injuries and disease arising out of employment.

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