30 U.S.C. § 185 : US Code - Section 185: Rights-of-way for pipelines through Federal lands

Search 30 U.S.C. § 185 : US Code - Section 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.