§ 185. — Rightsofway for pipelines through Federal lands.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 30USC185]
TITLE 30--MINERAL LANDS AND MINING
CHAPTER 3A--LEASES AND PROSPECTING PERMITS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 185. Rights-of-way for pipelines through Federal lands
(a) Grant of authority
Rights-of-way through any Federal lands may be granted by the
Secretary of the Interior or appropriate agency head for pipeline
purposes for the transportation of oil, natural gas, synthetic liquid or
gaseous fuels, or any refined product produced therefrom to any
applicant possessing the qualifications provided in section 181 of this
title in accordance with the provisions of this section.
(b) Definitions
(1) For the purposes of this section ``Federal lands'' means all
lands owned by the United States except lands in the National Park
System, lands held in trust for an Indian or Indian tribe, and lands on
the Outer Continental Shelf. A right-of-way through a Federal
reservation shall not be granted if the Secretary or agency head
determines that it would be inconsistent with the purposes of the
reservation.
(2) ``Secretary'' means the Secretary of the Interior.
(3) ``Agency head'' means the head of any Federal department or
independent Federal office or agency, other than the Secretary of the
Interior, which has jurisdiction over Federal lands.
(c) Inter-agency coordination
(1) Where the surface of all of the Federal lands involved in a
proposed right-of-way or permit is under the jurisdiction of one Federal
agency, the agency head, rather than the Secretary, is authorized to
grant or renew the right-of-way or permit for the purposes set forth in
this section.
(2) Where the surface of the Federal lands involved is administered
by the Secretary or by two or more Federal agencies, the Secretary is
authorized, after consultation with the agencies involved, to grant or
renew rights-of-way or permits through the Federal lands involved. The
Secretary may enter into interagency agreements with all other Federal
agencies having jurisdiction over Federal lands for the purpose of
avoiding duplication, assigning responsibility, expediting review of
rights-of-way or permit applications, issuing joint regulations, and
assuring a decision based upon a comprehensive review of all factors
involved in any right-of-way or permit application. Each agency head
shall administer and enforce the provisions of this section, appropriate
regulations, and the terms and conditions of rights-of-way or permits
insofar as they involve Federal lands under the agency head's
jurisdiction.
(d) Width limitations
The width of a right-of-way shall not exceed fifty feet plus the
ground occupied by the pipeline (that is, the pipe and its related
facilities) unless the Secretary or agency head finds, and records the
reasons for his finding, that in his judgment a wider right-of-way is
necessary for operation and maintenance after construction, or to
protect the environment or public safety. Related facilities include but
are not limited to valves, pump stations, supporting structures,
bridges, monitoring and communication devices, surge and storage tanks,
terminals, roads, airstrips and campsites and they need not necessarily
be connected or contiguous to the pipe and may be the subjects of
separate rights-of-way.
(e) Temporary permits
A right-of-way may be supplemented by such temporary permits for the
use of Federal lands in the vicinity of the pipeline as the Secretary or
agency head finds are necessary in connection with construction,
operation, maintenance, or termination of the pipeline, or to protect
the natural environment or public safety.
(f) Regulatory authority
Rights-of-way or permits granted or renewed pursuant to this section
shall be subject to regulations promulgated in accord with the
provisions of this section and shall be subject to such terms and
conditions as the Secretary or agency head may prescribe regarding
extent, duration, survey, location, construction, operation,
maintenance, use, and termination.
(g) Pipeline safety
The Secretary or agency head shall impose requirements for the
operation of the pipeline and related facilities in a manner that will
protect the safety of workers and protect the public from sudden
ruptures and slow degradation of the pipeline.
(h) Environmental protection
(1) Nothing in this section shall be construed to amend, repeal,
modify, or change in any way the requirements of section 102(2)(C) [42
U.S.C. 4332(2)(C)] or any other provision of the National Environmental
Policy Act of 1969 [42 U.S.C. 4321 et seq.].
(2) The Secretary or agency head, prior to granting a right-of-way
or permit pursuant to this section for a new project which may have a
significant impact on the environment, shall require the applicant to
submit a plan of construction, operation, and rehabilitation for such
right-of-way or permit which shall comply with this section. The
Secretary or agency head shall issue regulations or impose stipulations
which shall include, but shall not be limited to: (A) requirements for
restoration, revegetation, and curtailment of erosion of the surface of
the land; (B) requirements to insure that activities in connection with
the right-of-way or permit will not violate applicable air and water
quality standards nor related facility siting standards established by
or pursuant to law; (C) requirements designed to control or prevent (i)
damage to the environment (including damage to fish and wildlife
habitat), (ii) damage to public or private property, and (iii) hazards
to public health and safety; and (D) requirements to protect the
interests of individuals living in the general area of the right-of-way
or permit who rely on the fish, wildlife, and biotic resources of the
area for subsistence purposes. Such regulations shall be applicable to
every right-of-way or permit granted pursuant to this section, and may
be made applicable by the Secretary or agency head to existing rights-
of-way or permits, or rights-of-way or permits to be renewed pursuant to
this section.
(i) Disclosure
If the applicant is a partnership, corporation, association, or
other business entity, the Secretary or agency head shall require the
applicant to disclose the identity of the participants in the entity.
Such disclosure shall include where applicable (1) the name and address
of each partner, (2) the name and address of each shareholder owning 3
per centum or more of the shares, together with the number and
percentage of any class of voting shares of the entity which such
shareholder is authorized to vote, and (3) the name and address of each
affiliate of the entity together with, in the case of an affiliate
controlled by the entity, the number of shares and the percentage of any
class of voting stock of that affiliate owned, directly or indirectly,
by that entity, and, in the case of an affiliate which controls that
entity, the number of shares and the percentage of any class of voting
stock of that entity owned, directly or indirectly, by the affiliate.
(j) Technical and financial capability
The Secretary or agency head shall grant or renew a right-of-way or
permit under this section only when he is satisfied that the applicant
has the technical and financial capability to construct, operate,
maintain, and terminate the project for which the right-of-way or permit
is requested in accordance with the requirements of this section.
(k) Public hearings
The Secretary or agency head by regulation shall establish
procedures, including public hearings where appropriate, to give
Federal, State, and local government agencies and the public adequate
notice and an opportunity to comment upon right-of-way applications
filed after the date of enactment of this subsection.
(l) Reimbursement of costs
The applicant for a right-of-way or permit shall reimburse the
United States for administrative and other costs incurred in processing
the application, and the holder of a right-of-way or permit shall
reimburse the United States for the costs incurred in monitoring the
construction, operation, maintenance, and termination of any pipeline
and related facilities on such right-of-way or permit area and shall pay
annually in advance the fair market rental value of the right-of-way or
permit, as determined by the Secretary or agency head.
(m) Bonding
Where he deems it appropriate the Secretary or agency head may
require a holder of a right-of-way or permit to furnish a bond, or other
security, satisfactory to the Secretary or agency head to secure all or
any of the obligations imposed by the terms and conditions of the right-
of-way or permit or by any rule or regulation of the Secretary or agency
head.
(n) Duration of grant
Each right-of-way or permit granted or renewed pursuant to this
section shall be limited to a reasonable term in light of all
circumstances concerning the project, but in no event more than thirty
years. In determining the duration of a right-of-way the Secretary or
agency head shall, among other things, take into consideration the cost
of the facility, its useful life, and any public purpose it serves. The
Secretary or agency head shall renew any right-of-way, in accordance
with the provisions of this section, so long as the project is in
commercial operation and is operated and maintained in accordance with
all of the provisions of this section.
(o) Suspension or termination of right-of-way
(1) Abandonment of a right-of-way or noncompliance with any
provision of this section may be grounds for suspension or termination
of the right-of-way if (A) after due notice to the holder of the right-
of-way, (B) a reasonable opportunity to comply with this section, and
(C) an appropriate administrative proceeding pursuant to section 554 of
title 5, the Secretary or agency head determines that any such ground
exists and that suspension or termination is justified. No
administrative proceeding shall be required where the right-of-way by
its terms provides that it terminates on the occurrence of a fixed or
agreed upon condition, event, or time.
(2) If the Secretary or agency head determines that an immediate
temporary suspension of activities within a right-of-way or permit area
is necessary to protect public health or safety or the environment, he
may abate such activities prior to an administrative proceeding.
(3) Deliberate failure of the holder to use the right-of-way for the
purpose for which it was granted or renewed for any continuous two-year
period shall constitute a rebuttable presumption of abandonment of the
right-of-way: Provided, That where the failure to use the right-of-way
is due to circumstances not within the holder's control the Secretary or
agency head is not required to commence proceedings to suspend or
terminate the right-of-way.
(p) Joint use of rights-of-way
In order to minimize adverse environmental impacts and the
proliferation of separate rights-of-way across Federal lands, the
utilization of rights-of-way in common shall be required to the extent
practical, and each right-of-way or permit shall reserve to the
Secretary or agency head the right to grant additional rights-of-way or
permits for compatible uses on or adjacent to rights-of-way or permit
area granted pursuant to this section.
(q) Statutes
No rights-of-way for the purposes provided for in this section shall
be granted or renewed across Federal lands except under and subject to
the provisions, limitations, and conditions of this section. Any
application for a right-of-way filed under any other law prior to the
effective date of this provision may, at the applicant's option, be
considered as an application under this section. The Secretary or agency
head may require the applicant to submit any additional information he
deems necessary to comply with the requirements of this section.
(r) Common carriers
(1) Pipelines and related facilities authorized under this section
shall be constructed, operated, and maintained as common carriers.
(2)(A) The owners or operators of pipelines subject to this section
shall accept, convey, transport, or purchase without discrimination all
oil or gas delivered to the pipeline without regard to whether such oil
or gas was produced on Federal or non-Federal lands.
(B) In the case of oil or gas produced from Federal lands or from
the resources on the Federal lands in the vicinity of the pipeline, the
Secretary may, after a full hearing with due notice thereof to the
interested parties and a proper finding of facts, determine the
proportionate amounts to be accepted, conveyed, transported or
purchased.
(3)(A) The common carrier provisions of this section shall not apply
to any natural gas pipeline operated by any person subject to regulation
under the Natural Gas Act [15 U.S.C. 717 et seq.] or by any public
utility subject to regulation by a State or municipal regulatory agency
having jurisdiction to regulate the rates and charges for the sale of
natural gas to consumers within the State or municipality.
(B) Where natural gas not subject to State regulatory or
conservation laws governing its purchase by pipelines is offered for
sale, each such pipeline shall purchase, without discrimination, any
such natural gas produced in the vicinity of the pipeline.
(4) The Government shall in express terms reserve and shall provide
in every lease of oil lands under this chapter that the lessee,
assignee, or beneficiary, if owner or operator of a controlling interest
in any pipeline or of any company operating the pipeline which may be
operated accessible to the oil derived from lands under such lease,
shall at reasonable rates and without discrimination accept and convey
the oil of the Government or of any citizen or company not the owner of
any pipeline operating a lease or purchasing gas or oil under the
provisions of this chapter.
(5) Whenever the Secretary has reason to believe that any owner or
operator subject to this section is not operating any oil or gas
pipeline in complete accord with its obligations as a common carrier
hereunder, he may request the Attorney General to prosecute an
appropriate proceeding before the Secretary of Energy or Federal Energy
Regulatory Commission or any appropriate State agency or the United
States district court for the district in which the pipeline or any part
thereof is located, to enforce such obligation or to impose any penalty
provided therefor, or the Secretary may, by proceeding as provided in
this section, suspend or terminate the said grant of right-of-way for
noncompliance with the provisions of this section.
(6) The Secretary or agency head shall require, prior to granting or
renewing a right-of-way, that the applicant submit and disclose all
plans, contracts, agreements, or other information or material which he
deems necessary to determine whether a right-of-way shall be granted or
renewed and the terms and conditions which should be included in the
right-of-way. Such information may include, but is not limited to: (A)
conditions for, and agreements among owners or operators, regarding the
addition of pumping facilities, looping, or otherwise increasing the
pipeline or terminal's throughput capacity in response to actual or
anticipated increases in demand; (B) conditions for adding or abandoning
intake, offtake, or storage points or facilities; and (C) minimum
shipment or purchase tenders.
(s) Exports of Alaskan North Slope oil
(1) Subject to paragraphs (2) through (6) of this subsection and
notwithstanding any other provision of this chapter or any other
provision of law (including any regulation) applicable to the export of
oil transported by pipeline over right-of-way granted pursuant to
section 1652 of title 43, such oil may be exported unless the President
finds that exportation of this oil is not in the national interest. The
President shall make his national interest determination within five
months of November 28, 1995. In evaluating whether exports of this oil
are in the national interest, the President shall at a minimum
consider--
(A) whether exports of this oil would diminish the total
quantity or quality of petroleum available to the United States;
(B) the results of an appropriate environmental review,
including consideration of appropriate measures to mitigate any
potential adverse effects of exports of this oil on the environment,
which shall be completed within four months of November 28, 1995;
and
(C) whether exports of this oil are likely to cause sustained
material oil supply shortages or sustained oil prices significantly
above world market levels that would cause sustained material
adverse employment effects in the United States or that would cause
substantial harm to consumers, including noncontiguous States and
Pacific territories.
If the President determines that exports of this oil are in the national
interest, he may impose such terms and conditions (other than a volume
limitation) as are necessary or appropriate to ensure that such exports
are consistent with the national interest.
(2) Except in the case of oil exported to a country with which the
United States entered into a bilateral international oil supply
agreement before November 26, 1979, or to a country pursuant to the
International Emergency Oil Sharing Plan of the International Energy
Agency, any oil transported by pipeline over right-of-way granted
pursuant to section 1652 of title 43 shall, when exported, be
transported by a vessel documented under the laws of the United States
and owned by a citizen of the United States (as determined in accordance
with sections 802 and 803 of title 46, Appendix).
(3) Nothing in this subsection shall restrict the authority of the
President under the Constitution, the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50
U.S.C. 1601 et seq.), or Part B of title II of the Energy Policy and
Conservation Act (42 U.S.C. 6271-76) to prohibit exports.
(4) The Secretary of Commerce shall issue any rules necessary for
implementation of the President's national interest determination,
including any licensing requirements and conditions, within 30 days of
the date of such determination by the President. The Secretary of
Commerce shall consult with the Secretary of Energy in administering the
provisions of this subsection.
(5) If the Secretary of Commerce finds that exporting oil under
authority of this subsection has caused sustained material oil supply
shortages or sustained oil prices significantly above world market
levels and further finds that these supply shortages or price increases
have caused or are likely to cause sustained material adverse employment
effects in the United States, the Secretary of Commerce, in consultation
with the Secretary of Energy, shall recommend, and the President may
take, appropriate action concerning exports of this oil, which may
include modifying or revoking authority to export such oil.
(6) Administrative action under this subsection is not subject to
sections 551 and 553 through 559 of title 5.
(t) Existing rights-of-way
The Secretary or agency head may ratify and confirm any right-of-way
or permit for an oil or gas pipeline or related facility that was
granted under any provision of law before the effective date of this
subsection, if it is modified by mutual agreement to comply to the
extent practical with the provisions of this section. Any action taken
by the Secretary or agency head pursuant to this subsection shall not be
considered a major Federal action requiring a detailed statement
pursuant to section 102(2)(C) [42 U.S.C. 4332(2)(C)] of the National
Environmental Policy Act of 1970 (Public Law 90-190; 42 U.S.C. 4321).
(u) Limitations on export
Any domestically produced crude oil transported by pipeline over
rights-of-way granted pursuant to this section, except such crude oil
which is either exchanged in similar quantity for convenience or
increased efficiency of transportation with persons or the government of
an adjacent foreign state, or which is temporarily exported for
convenience or increased efficiency of transportation across parts of an
adjacent foreign state and reenters the United States, shall be subject
to all of the limitations and licensing requirements of the Export
Administration Act of 1979 (50 U.S.C. App. 2401 and following) and, in
addition, before any crude oil subject to this section may be exported
under the limitations and licensing requirements and penalty and
enforcement provisions of the Export Administration Act of 1979 the
President must make and publish an express finding that such exports
will not diminish the total quantity or quality of petroleum available
to the United States, and are in the national interest and are in accord
with the provisions of the Export Administration Act of 1979: Provided,
That the President shall submit reports to the Congress containing
findings made under this section, and after the date of receipt of such
report Congress shall have a period of sixty calendar days, thirty days
of which Congress must have been in session, to consider whether exports
under the terms of this section are in the national interest. If the
Congress within this time period passes a concurrent resolution of
disapproval stating disagreement with the President's finding concerning
the national interest, further exports made pursuant to the
aforementioned Presidential findings shall cease.
(v) State standards
The Secretary or agency head shall take into consideration and to
the extent practical comply with State standards for right-of-way
construction, operation, and maintenance.
(w) Reports
(1) The Secretary and other appropriate agency heads shall report to
the Committee on Natural Resources of the United States House of
Representatives and the Committee on Energy and Natural Resources of the
United States Senate annually on the administration of this section and
on the safety and environmental requirements imposed pursuant thereto.
(2) The Secretary or agency head shall promptly notify the Committee
on Natural Resources of the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States
Senate upon receipt of an application for a right-of-way for a pipeline
twenty-four inches or more in diameter, and no right-of-way for such a
pipeline shall be granted until a notice of intention to grant the
right-of-way, together with the Secretary's or agency head's detailed
findings as to the terms and conditions he proposes to impose, has been
submitted to such committees.
(3) Periodically, but at least once a year, the Secretary of the
Department of Transportation shall cause the examination of all
pipelines and associated facilities on Federal lands and shall cause the
prompt reporting of any potential leaks or safety problems.
(x) Liability
(1) The Secretary or agency head shall promulgate regulations and
may impose stipulations specifying the extent to which holders of
rights-of-way and permits under this chapter shall be liable to the
United States for damage or injury incurred by the United States in
connection with the right-of-way or permit. Where the right-of-way or
permit involves lands which are under the exclusive jurisdiction of the
Federal Government, the Secretary or agency head shall promulgate
regulations specifying the extent to which holders shall be liable to
third parties for injuries incurred in connection with the right-of-way
or permit.
(2) The Secretary or agency head may, by regulation or stipulation,
impose a standard of strict liability to govern activities taking place
on a right-of-way or permit area which the Secretary or agency head
determines, in his discretion, to present a foreseeable hazard or risk
of danger to the United States.
(3) Regulations and stipulations pursuant to this subsection shall
not impose strict liability for damage or injury resulting from (A) an
act of war, or (B) negligence of the United States.
(4) Any regulation or stipulation imposing liability without fault
shall include a maximum limitation on damages commensurate with the
foreseeable risks or hazards presented. Any liability for damage or
injury in excess of this amount shall be determined by ordinary rules of
negligence.
(5) The regulations and stipulations shall also specify the extent
to which such holders shall indemnify or hold harmless the United States
for liability, damage, or claims arising in connection with the right-
of-way or permit.
(6) Any regulation or stipulation promulgated or imposed pursuant to
this section shall provide that all owners of any interest in, and all
affiliates or subsidiaries of any holder of, a right-of-way or permit
shall be liable to the United States in the event that a claim for
damage or injury cannot be collected from the holder.
(7) In any case where liability without fault is imposed pursuant to
this subsection and the damages involved were caused by the negligence
of a third party, the rules of subrogation shall apply in accordance
with the law of the jurisdiction where the damage occurred.
(y) Antitrust laws
The grant of a right-of-way or permit pursuant to this section shall
grant no immunity from the operation of the Federal antitrust laws.
(Feb. 25, 1920, ch. 85, Sec. 28, 41 Stat. 449; Aug. 21, 1935, ch. 599,
Sec. 1, 49 Stat. 678; Aug. 12, 1953, ch. 408, 67 Stat. 557; Pub. L. 93-
153, title I, Sec. 101, Nov. 16, 1973, 87 Stat. 576; Pub. L. 95-91,
title III, Secs. 301(b), 306, title IV, Sec. 402(a), (b), title VII,
Secs. 703, 707, Aug. 4, 1977, 91 Stat. 578, 581, 583, 584, 606, 607;
Pub. L. 99-64, title I, Sec. 123(b), July 12, 1985, 99 Stat. 156; Pub.
L. 101-475, Sec. 1, Oct. 30, 1990, 104 Stat. 1102; Pub. L. 103-437,
Sec. 11(a)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 104-58, title II,
Sec. 201, Nov. 28, 1995, 109 Stat. 560; Pub. L. 104-66, title I,
Sec. 1121(k), Dec. 21, 1995, 109 Stat. 724.)
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (h)(1), is Pub. L. 91-190, Jan 1, 1970, 83 Stat. 852, as
amended, which is classified generally to chapter 55 (Sec. 4321 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 4321
of Title 42 and Tables.
The date of enactment of this subsection, referred to in subsec.
(k), the effective date of this provision, referred to in subsec. (q),
and the effective date of this subsection, referred to in subsec. (t),
probably mean the date of approval of Pub. L. 93-153, which was Nov. 16,
1973.
The Natural Gas Act, referred to in subsec. (r)(3)(A), is act June
21, 1938, ch. 556, 52 Stat. 821, as amended, which is classified
generally to chapter 15B (Sec. 717 et seq.) of Title 15, Commerce and
Trade. For complete classification of this Act to the Code, see section
717w of Title 15 and Tables.
The International Emergency Economic Powers Act, referred to in
subsec. (s)(3), is title II of Pub. L. 95-223, Dec. 28, 1977, 91 Stat.
1626, as amended, which is classified generally to chapter 35 (Sec. 1701
et seq.) of Title 50, War and National Defense. For complete
classification of this Act to the Code, see Short Title note set out
under section 1701 of Title 50 and Tables.
The National Emergencies Act, referred to in subsec. (s)(3), is Pub.
L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is
classified principally to chapter 34 (Sec. 1601 et seq.) of Title 50.
For complete classification of this Act to the Code, see Short Title
note set out under section 1601 of Title 50 and Tables.
The Energy Policy and Conservation Act, referred to in subsec.
(s)(3), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended. Part
B of title II of the Act is classified generally to part B (Sec. 6271 et
seq.) of subchapter II of chapter 77 of Title 42, The Public Health and
Welfare. For complete classification of this Act to the Code, see Short
Title note set out under section 6201 of Title 42 and Tables.
The Export Administration Act of 1979, referred to in subsec. (u),
is Pub. L. 96-72, Sept. 29, 1979, 93 Stat. 503, as amended, which is
classified principally to section 2401 et seq. of Title 50, Appendix,
War and National Defense. For complete classification of this Act to the
Code, see Short Title note set out under section 2401 of Title 50,
Appendix, and Tables.
The Federal antitrust laws, referred to in subsec. (y), are
classified generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce
and Trade.
Amendments
1995--Subsec. (s). Pub. L. 104-58 amended heading and text of
subsec. (s) generally. Prior to amendment, subsec. (s) provided that the
Secretary of Interior, in consultation with Federal and State agencies,
review need for national system of transportation and utility corridors
across Federal lands and report to Congress and the President by July 1,
1975.
Subsec. (w)(4). Pub. L. 104-66 struck out par. (4) which read as
follows: ``The Secretary of the Department of Transportation shall
report annually to the President, the Congress, the Secretary of the
Interior, and the Secretary of Energy any potential dangers of or actual
explosions, or potential or actual spillage on Federal lands and shall
include in such report a statement of corrective action taken to prevent
such explosion or spillage.''
1994--Subsec. (w)(1), (2). Pub. L. 103-437 substituted ``Natural
Resources'' for ``Interior and Insular Affairs'' before ``of the United
States House''.
1990--Subsec. (w)(1). Pub. L. 101-475, Sec. 1(a), substituted
``Committee on Interior and Insular Affairs of the United States House
of Representatives and the Committee on Energy and Natural Resources of
the United States Senate'' for ``House and Senate Committees on Interior
and Insular Affairs''.
Subsec. (w)(2). Pub. L. 101-475, Sec. 1(b), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``The Secretary
or agency head shall notify the House and Senate Committees on Interior
and Insular Affairs promptly upon receipt of an application for a right-
of-way for a pipeline twenty-four inches or more in diameter, and no
right-of-way for such a pipeline shall be granted until sixty days (not
counting days on which the House of Representatives or the Senate has
adjourned for more than three days) after a notice of intention to grant
the right-of-way, together with the Secretary's or agency head's
detailed findings as to terms and conditions he proposes to impose, has
been submitted to such committees, unless each committee by resolution
waives the waiting period.''
1985--Subsec. (u). Pub. L. 99-64 substituted ``Export Administration
Act of 1979 (50 U.S.C. App. 2401 and following)'' for ``Export
Administration Act of 1969 (Act of December 30, 1969; 83 Stat. 841)''
and ``Export Administration Act of 1979'' for ``Export Administration
Act of 1969'' in two places.
1973--Pub. L. 93-153 completely rewrote the section substituting 25
subsecs. lettered (a) through (y) covering all aspects of the granting
of rights-of-way for pipelines through Federal lands for the former
single unlettered paragraph under which rights-of-way of 25 feet on each
side of the pipeline could be granted and under which the pipeline was
to be operated as a common carrier.
1953--Act Aug. 12, 1953, permitted companies subject to Federal
regulation, or public utilities subject to State regulations, to pass
through the public domain without incurring the obligation to become a
common carrier.
1935--Act Aug. 21, 1935, substituted ``may be granted by the
Secretary of the Interior'' for ``are granted'' and inserted ``and
conditions'' after ``regulations'' in two places, and ``and shall
accept, convey, transport, or purchase without discrimination, oil or
natural gas produced from Government lands in the vicinity of the pipe
line in such proportionate amounts as the Secretary of the Interior may,
after a full hearing with notice thereof to the interested parties and a
proper finding of facts, determine to be reasonable:'' after ``and
maintained as common carriers.''.
Change of Name
Committee on Natural Resources of House of Representatives treated
as referring to Committee on Resources of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress.
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of the Interior related to compliance with grants of rights-of-way and
temporary use permits for Federal land and such functions of Secretary
or other official in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of Department of Agriculture,
related to compliance with associated land use permits authorized for
and in conjunction with grants of rights-of-way across Federal lands
issued under this section with respect to pre-construction,
construction, and initial operation of transportation system for
Canadian and Alaskan natural gas were transferred to the Federal
Inspector, Office of Federal Inspector for the Alaska Natural Gas
Transportation System, until the first anniversary of date of initial
operation of the Alaska Natural Gas Transportation System, see Reorg.
Plan No. 1 of 1979, Secs. 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93
Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to
Title 5, Government Organization and Employees. Office of Federal
Inspector for the Alaska Natural Gas Transportation System abolished and
functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102-486, set out as an Abolition of
Office of Federal Inspector note under section 719e of Title 15,
Commerce and Trade.
``Secretary of Energy or Federal Energy Regulatory Commission''
substituted for ``Interstate Commerce Commission or Federal Power
Commission'' in subsec. (r)(5) pursuant to sections 301(b), 306, 402(a),
(b), 703, and 707 of Pub. L. 95-91, which are classified to sections
7151(b), 7155, 7172(a), (b), 7293, and 7297 of Title 42, The Public
Health and Welfare, and which transferred functions vested in Interstate
Commerce Commission, and Chairman and members thereof, relating to
transportation of oil by pipeline to Secretary of Energy (except for
certain functions which were transferred to Federal Energy Regulatory
Commission within Department of Energy), and terminated Federal Power
Commission and transferred its functions to Secretary of Energy (except
for certain functions which were transferred to Federal Energy
Regulatory Commission).
Reimbursement of Administrative and Other Costs
Pub. L. 105-277, div. A, Sec. 101(e) [title II], Oct. 21, 1998, 112
Stat. 2681-231, 2681-272, provided that: ``Notwithstanding any other
provision of law, hereafter money collected, in advance or otherwise, by
the Forest Service under authority of section 101 of Public Law 93-153
(30 U.S.C. 185(1)[(l)]) as reimbursement of administrative and other
costs incurred in processing pipeline right-of-way or permit
applications and for costs incurred in monitoring the construction,
operation, maintenance, and termination of any pipeline and related
facilities, may be used to reimburse the applicable appropriation to
which such costs were originally charged.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 105-83, title II, Nov. 14, 1997, 111 Stat. 1576.
Pub. L. 104-208, div. A, title I, Sec. 101(d) [title II], Sept. 30,
1996, 110 Stat. 3009-181, 3009-208.
Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996, 110
Stat. 1321-156, 1321-184; renumbered title I, Pub. L. 104-140,
Sec. 1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103-332, title II, Sept. 30, 1994, 108 Stat. 2524.
Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1403.
Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1401.
Pub. L. 102-154, title II, Nov. 13, 1991, 105 Stat. 1017.
GAO Report
Section 202 of Pub. L. 104-58 directed the Comptroller General of
the United States to commence, three years after Nov. 28, 1995, a review
of energy production in California and Alaska and the effects of Alaskan
North Slope oil exports, if any, on consumers, independent refiners, and
shipbuilding and ship repair yards on the West Coast and in Hawaii, and
to submit to Congress, within twelve months after commencing the review,
a report containing recommendations for Congress and the President to
address job loss in the shipbuilding and ship repair industry on the
West Coast, as well as adverse impacts on consumers and refiners on the
West Coast and in Hawaii, that are attributed to Alaska North Slope oil
exports.
Outer Continental Shelf; Pipeline Rights-of-Way
Pipeline rights-of-way in connection with oil, gas, and other leases
on submerged lands of outer Continental Shelf, see section 1334 of Title
43, Public Lands.
Exports of Alaskan North Slope (ANS) Crude Oil
Memorandum of President of the United States, Apr. 28, 1996, 61 F.R.
19507, provided:
Memorandum for the Secretary of Commerce [and] the Secretary of
Energy
Pursuant to section 28(s) of the Mineral Leasing Act, as amended, 30
U.S.C. 185, I hereby determine that exports of crude oil transported
over right-of-way granted pursuant to section 203 of the Trans-Alaska
Pipeline Authorization Act [43 U.S.C. 1652] are in the national
interest. In making this determination, I have taken into account the
conclusions of an interagency working group, which found that such oil
exports:
--will not diminish the total quantity or quality of petroleum
available to the United States; and
--are not likely to cause sustained material oil supply shortages or
sustained oil price increases significantly above world market levels
that would cause sustained material adverse employment effects in the
United States or that would cause substantial harm to consumers,
including those located in noncontiguous States and Pacific Territories.
I have also considered the interagency group's conclusions regarding
potential environmental impacts of lifting the ban. Based on their
findings and recommendations, I have concluded that exports of such
crude oil will not pose significant risks to the environment if certain
terms and conditions are met.
Therefore, pursuant to section 28(s) of the Mineral Leasing Act I
direct the Secretary of Commerce to promulgate immediately a general
license, or a license exception, authorizing exports of such crude oil,
subject to appropriate documentation requirements, and consistent with
the following conditions:
--tankers exporting ANS exports must use the same route that they do
for shipments to Hawaii until they reach a point 300 miles due south of
Cape Hinchinbrook Light and then turn toward Asian destinations. After
reaching that point, tankers in the ANS oil trade must remain outside of
the 200 nautical-miles Exclusive Economic Zone of the United States as
defined in the Fisheries Conservation and Management Act (16 U.S.C.
1811) [probably means the Magnuson-Stevens Fishery Conservation and
Management Act]. This condition also applies to tankers returning from
foreign ports to Valdez, Alaska. Exceptions can be made at the
discretion of the vessel master only to ensure the safety of the vessel;
--that export tankers be equipped with satellite-based
communications systems that will enable the Coast Guard independently to
determine their location. The Coast Guard will conduct appropriate
monitoring of the tankers, a measure that will ensure compliance with
the 200-mile condition, and help the Coast Guard respond quickly to any
emergencies;
--the owner or operator of an Alaskan North Slope crude oil export
tankship shall maintain a Critical Area Inspection Plan for each
tankship in the trade in accordance with the U.S. Coast Guard's
Navigation and Inspection Circular No. 15-91 as amended, which shall
include an annual internal survey of the vessel's cargo block tanks; and
--the owner or operator of an Alaskan North Slope crude oil export
tankship shall adopt a mandatory program of deep water ballast exchange
(i.e., in 2,000 meters water depth). Exceptions can be made at the
discretion of the captain only in order to ensure the safety of the
vessel. Recordkeeping subject to Coast Guard audit will be required as
part of this regime.
The Secretary of Commerce is authorized and directed to inform the
appropriate committees of the Congress of this determination and to
publish it in the Federal Register.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in sections 236a, 275, 285 of this
title; title 10 sections 7421, 7435; title 16 section 3167; title 33
section 1522; title 42 sections 6271, 6502; title 43 sections 1652,
1768, 2009; title 50 App. section 2406.
