Notes on 30 U.S.C. § 185 : US Code - Notes

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

(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. Functions and authority
vested in Secretary of Energy subsequently transferred to Federal
Coordinator for Alaska Natural Gas Transportation Projects by
section 720d(f) of Title 15.
"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.