§ 60301. — User fees.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60301]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 603--USER FEES
Sec. 60301. User fees
(a) Schedule of Fees.--The Secretary of Transportation shall
prescribe a schedule of fees for all natural gas and hazardous liquids
transported by pipelines subject to chapter 601 of this title. The fees
shall be based on usage (in reasonable relationship to volume-miles,
miles, revenues, or a combination of volume-miles, miles, and revenues)
of the pipelines. The Secretary shall consider the allocation of
resources of the Department of Transportation when establishing the
schedule.
(b) Imposition and Time of Collection.--A fee shall be imposed on
each person operating a gas pipeline transmission facility, a liquefied
natural gas pipeline facility, or a hazardous liquid pipeline facility
to which chapter 601 of this title applies. The fee shall be collected
before the end of the fiscal year to which it applies.
(c) Means of Collection.--The Secretary shall prescribe procedures
to collect fees under this section. The Secretary may use a department,
agency, or instrumentality of the United States Government or of a State
or local government to collect the fee and may reimburse the department,
agency, or instrumentality a reasonable amount for its services.
(d) Use of Fees.--A fee collected under this section--
(1)(A) related to a gas pipeline facility may be used only for
an activity related to gas under chapter 601 of this title; and
(B) related to a hazardous liquid pipeline facility may be used
only for an activity related to hazardous liquid under chapter 601
of this title; and
(2) may be used only to the extent provided in advance in an
appropriation law.
(e) Limitations.--Fees prescribed under subsection (a) of this
section shall be sufficient to pay for the costs of activities described
in subsection (d) of this section. However, the total amount collected
for a fiscal year may not be more than 105 percent of the total amount
of the appropriations made for the fiscal year for activities to be
financed by the fees.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1328.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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60301(a).............................. 49 App.:1682a(a)(1), (d) (words Apr. 7, 1986, Pub. L. 99-272, Sec.
after ``subsection (a) of this 7005, 100 Stat. 140.
section'' and before ``shall
be sufficient'').
60301(b).............................. 49 App.:1682a(a)(3), (b).
60301(c).............................. 49 App.:1682a(a)(2).
60301(d).............................. 49 App.:1682a(c).
60301(e).............................. 49 App.:1682a(d) (less words
after ``subsection (a) of this
section'' and before ``shall
be sufficient'').
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In this section, the word ``prescribe'' is substituted for
``establish'' for consistency in the revised title and with other titles
of the United States Code.
In subsection (a), the words ``(hereafter in this section referred
to as the `Secretary')'' and ``appropriate'' are omitted as surplus.
In subsection (b), the words ``after September 30, 1985'' are
omitted as obsolete. The words ``imposed on each person'' are
substituted for ``assessed to the persons'' for consistency in the
revised title and with other titles of the Code. The words ``the
jurisdiction of'' and ``assess and'' are omitted as surplus.
In subsection (c), the words ``the services of'' are omitted as
surplus. The words ``department, agency, or instrumentality of the
United States Government'' are substituted for ``Federal . . . agency or
instrumentality'' for consistency in the revised title and with other
titles of the Code.
In subsection (e), the words ``by the Secretary'' are omitted as
surplus. The words ``beginning on October 1, 1985'' are omitted as
executed.
Study and Report on User Fee Assessment Factors
Pub. L. 104-304, Sec. 17, Oct. 12, 1996, 110 Stat. 3803, provided
that:
``(a) In General.--Not later than 1 year after the date of the
enactment of this Act [Oct. 12, 1996], the Secretary of Transportation
shall transmit to the Congress a report analyzing the present assessment
of pipeline safety user fees solely on the basis of mileage to determine
whether--
``(1) that measure of the resources of the Department of
Transportation is the most appropriate measure of the resources used
by the Department of Transportation in the regulation of pipeline
transportation; or
``(2) another basis of assessment would be a more appropriate
measure of those resources.
``(b) Considerations.--In making the report, the Secretary shall
consider a wide range of assessment factors and suggestions and comments
from the public.''
Section Referred to in Other Sections
This section is referred to in sections 6105, 6107, 60125, 60130 of
this title.
