30 U.S.C. § 185 — Rights-of-way for pipelines through Fed-

Page 42 TITLE 30—MINERAL LANDS AND MINING § 184a ‘‘(2) Trona is mined on Federal lands through Fed- eral sodium leases issued under the Mineral Leasing Act of 1920 [30 U.S.C. 181 et seq.]. ‘‘(3) The primary product of trona mining is soda ash (sodium carbonate), a basic industrial chemical that is used for glass making and a variety of con- sumer products, including baking soda, detergents, and pharmaceuticals. ‘‘(4) The Mineral Leasing Act [30 U.S.C. 181 et seq.] sets for each leasable mineral limitations on the amount of acreage of Federal leases any one producer may hold in any one State or nationally. ‘‘(5) The present acreage limitation for Federal so- dium (trona) leases has been in place for over five decades, since 1948, and is the oldest acreage limita- tion in the Mineral Leasing Act. Over this time frame Congress and/or the BLM has revised acreage limits for other minerals to meet the needs of the respective industries. Currently, the sodium lease acreage limi- tation of 15,360 acres per State is approximately one- third of the per State Federal lease acreage cap for coal (46,080 acres) and potassium (51,200 acres) and one-sixteenth that of oil and gas (246,080 acres). ‘‘(6) Three of the four trona producers in Wyoming are operating mines on Federal leaseholds that con- tain total acreage close to the sodium lease acreage ceiling. ‘‘(7) The same reasons that Congress cited in enact- ing increases in other minerals’ per State lease acre- age caps apply to trona: the advent of modern mine technology, changes in industry economics, greater global competition, and need to conserve the Federal resource. ‘‘(8) Existing trona mines require additional lease acreage to avoid premature closure, and are unable to relinquish mined-out areas to lease new acreage be- cause those areas continue to be used for mine access, ventilation, and tailings disposal and may provide fu- ture opportunities for secondary recovery by solution mining. ‘‘(9) Existing trona producers are having to make long term business decisions affecting the type and amount of additional infrastructure investments based on the certainty that sufficient acreage of leaseable [sic] trona will be available for mining in the future. ‘‘(10) To maintain the vitality of the domestic trona industry and ensure the continued flow of valuable revenues to the Federal and State governments and products to the American public from trona produc- tion on Federal lands, the Mineral Leasing Act should be amended to increase the acreage limitation for Federal sodium leases.’’ Executive Documents ADMISSION OF ALASKA AS STATE Admission of Alaska into the Union was accom- plished Jan. 3, 1959, on issuance of Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions. § 184a. Authorization of States to include in agreements for conservation of oil and gas resources lands acquired from United States Notwithstanding the provisions of any appli- cable grant, deed, patent, exchange, or law of the United States, any State owning lands or in- terests therein acquired by it from the United States may consent to the operation or develop- ment of such lands or interests, or any part thereof, under agreements approved by the Sec- retary of the Interior made jointly or severally with lessees or permittees of lands or mineral deposits of the United States or others, for the purpose of more properly conserving the oil and gas resources within such State. Such agree- ments may provide for the cooperative or unit operation or development of part or all of any oil or gas pool, field, or area; for the allocation of production and the sharing of proceeds from the whole or any specified part thereof regard- less of the particular tract from which produc- tion is obtained or proceeds are derived; and, with the consent of the State, for the modifica- tion of the terms and provisions of State leases for lands operated and developed thereunder, in- cluding the term of years for which said leases were originally granted, to conform said leases to the terms and provisions of such agreements: Provided, That nothing in this section contained, nor the effectuation of it, shall be construed as in any respect waiving, determining or affecting any right, title, or interest, which otherwise may exist in the United States, and that the making of any agreement, as provided in this section, shall not be construed as an admission as to the title or ownership of the lands in- cluded. (Jan. 26, 1940, ch. 14, 54 Stat. 17.) Editorial Notes CODIFICATION Section was not enacted as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which comprises this chapter. § 185. Rights-of-way for pipelines through Fed- eral 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, syn- thetic 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 provi- sions 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 Sys- tem, 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 In- terior. (3) ‘‘Agency head’’ means the head of any Fed- eral 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 per- mit is under the jurisdiction of one Federal agency, the agency head, rather than the Sec- retary, is authorized to grant or renew the right-of-way or permit for the purposes set forth in this section. Page 43 TITLE 30—MINERAL LANDS AND MINING § 185 (2) Where the surface of the Federal lands in- volved 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 per- mits through the Federal lands involved. The Secretary may enter into interagency agree- ments with all other Federal agencies having ju- risdiction over Federal lands for the purpose of avoiding duplication, assigning responsibility, expediting review of rights-of-way or permit ap- plications, issuing joint regulations, and assur- ing a decision based upon a comprehensive re- view 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 inso- far 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 pipe- line (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, air- strips and campsites and they need not nec- essarily 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 regu- lations promulgated in accord with the provi- sions 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, main- tenance, use, and termination. (g) Pipeline safety The Secretary or agency head shall impose re- quirements 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 re- quire the applicant to submit a plan of construc- tion, 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) re- quirements 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) require- ments 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 pro- tect 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 regula- tions 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 per- mits, 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 Sec- retary or agency head shall require the appli- cant 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 percent- age 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 affil- iate controlled by the entity, the number of shares and the percentage of any class of voting stock of that affiliate owned, directly or indi- rectly, by that entity, and, in the case of an af- filiate which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indi- rectly, 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 sec- tion 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 Page 44 TITLE 30—MINERAL LANDS AND MINING § 185 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 adminis- trative 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 construc- tion, operation, maintenance, and termination of any pipeline and related facilities on such right-of-way or permit area and shall pay annu- ally 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 se- curity, satisfactory to the Secretary or agency head to secure all or any of the obligations im- posed 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 re- newed pursuant to this section shall be limited to a reasonable term in light of all cir- cumstances 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 ac- cordance with all of the provisions of this sec- tion. (o) Suspension or termination of right-of-way (1) Abandonment of a right-of-way or non- compliance 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 op- portunity to comply with this section, and (C) an appropriate administrative proceeding pursu- ant to section 554 of title 5, the Secretary or agency head determines that any such ground exists and that suspension or termination is jus- tified. No administrative proceeding shall be re- quired where the right-of-way by its terms pro- vides 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 ac- tivities 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 re- quired 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 op- tion, be considered as an application under this section. The Secretary or agency head may re- quire the applicant to submit any additional in- formation 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, oper- ated, 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 Fed- eral lands or from the resources on the Federal lands in the vicinity of the pipeline, the Sec- retary 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 pipe- line operated by any person subject to regula- tion under the Natural Gas Act [15 U.S.C. 717 et seq.] or by any public utility subject to regula- tion 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 discrimi- nation, any such natural gas produced in the vi- cinity of the pipeline. (4) The Government shall in express terms re- serve and shall provide in every lease of oil lands under this chapter that the lessee, as- signee, 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 Page 45 TITLE 30—MINERAL LANDS AND MINING § 185 1 So in original. Probably should be ‘‘National Environmental Policy Act of 1969 (Public Law 91–190; 42 U.S.C. 4332(2)(C))’’. oil of the Government or of any citizen or com- pany not the owner of any pipeline operating a lease or purchasing gas or oil under the provi- sions of this chapter. (5) Whenever the Secretary has reason to be- lieve 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 pipe- line or any part thereof is located, to enforce such obligation or to impose any penalty pro- vided therefor, or the Secretary may, by pro- ceeding as provided in this section, suspend or terminate the said grant of right-of-way for non- compliance 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 re- newed and the terms and conditions which should be included in the right-of-way. Such in- formation may include, but is not limited to: (A) conditions for, and agreements among owners or operators, regarding the addition of pumping fa- cilities, looping, or otherwise increasing the pipeline or terminal’s throughput capacity in re- sponse to actual or anticipated increases in de- mand; (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 provi- sion 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 Presi- dent 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 con- sider— (A) whether exports of this oil would dimin- ish the total quantity or quality of petroleum available to the United States; (B) the results of an appropriate environ- mental review, including consideration of ap- propriate measures to mitigate any potential adverse effects of exports of this oil on the en- vironment, 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 sus- tained material adverse employment effects in the United States or that would cause sub- stantial harm to consumers, including non- contiguous 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 agree- ment before November 26, 1979, or to a country pursuant to the International Emergency Oil Sharing Plan of the International Energy Agen- cy, 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 section 50501 of title 46). (3) Nothing in this subsection shall restrict the authority of the President under the Con- stitution, the International Emergency Eco- nomic 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 pro- hibit exports. (4) The Secretary of Commerce shall issue any rules necessary for implementation of the Presi- dent’s national interest determination, includ- ing 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 ex- porting oil under authority of this subsection has caused sustained material oil supply short- ages 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 con- cerning exports of this oil, which may include modifying or revoking authority to export such oil. (6) Administrative action under this sub- section 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 mu- tual agreement to comply to the extent prac- tical with the provisions of this section. Any ac- tion taken by the Secretary or agency head pur- suant to this subsection shall not be considered a major Federal action requiring a detailed statement pursuant to section 102(2)(C) of the National Environmental Policy Act of 1970 (Pub- lic Law 90–190; 42 U.S.C. 4321).1 (u) Limitations on export Any domestically produced crude oil trans- ported by pipeline over rights-of-way granted Page 46 TITLE 30—MINERAL LANDS AND MINING § 185 2 See References in Text note below. pursuant to this section, except such crude oil which is either exchanged in similar quantity for convenience or increased efficiency of trans- portation 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 for- eign 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) 2 and, in addition, before any crude oil subject to this section may be exported under the limitations and licensing requirements and penalty and en- forcement provisions of the Export Administra- tion Act of 1979 the President must make and publish an express finding that such exports will not diminish the total quantity or quality of pe- troleum 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 sub- mit reports to the Congress containing findings made under this section, and after the date of receipt of such report Congress shall have a pe- riod 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 res- olution of disapproval stating disagreement with the President’s finding concerning the na- tional 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 com- ply with State standards for right-of-way con- struction, operation, and maintenance. (w) Reports (1) The Secretary and other appropriate agen- cy heads shall report to the Committee on Nat- ural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Sen- ate annually on the administration of this sec- tion and on the safety and environmental re- quirements imposed pursuant thereto. (2) The Secretary or agency head shall promptly notify the Committee on Natural Re- sources of the United States House of Represent- atives and the Committee on Energy and Nat- ural 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 promul- gate 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 reg- ulation or stipulation, impose a standard of strict liability to govern activities taking place on a right-of-way or permit area which the Sec- retary or agency head determines, in his discre- tion, 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 li- ability without fault shall include a maximum limitation on damages commensurate with the foreseeable risks or hazards presented. Any li- ability 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 con- nection with the right-of-way or permit. (6) Any regulation or stipulation promulgated or imposed pursuant to this section shall pro- vide 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 dam- age or injury cannot be collected from the hold- er. (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 jurisdic- tion 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, § 28, 41 Stat. 449; Aug. 21, 1935, ch. 599, § 1, 49 Stat. 678; Aug. 12, 1953, ch. 408, 67 Stat. 557; Pub. L. 93–153, title I, § 101, Nov. 16, 1973, 87 Stat. 576; Pub. L. 95–91, title III, §§ 301(b), 306, title IV, § 402(a), (b), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 578, 581, 583, 584, 606, 607; Pub. L. 99–64, title I, § 123(b), July 12, 1985, 99 Stat. 156; Pub. L. 101–475, § 1, Oct. 30, 1990, 104 Stat. 1102; Pub. L. 103–437, § 11(a)(1), Nov. 2, 1994, 108 Stat. 4589; Pub. L. 104–58, title II, § 201, Nov. 28, 1995, 109 Stat. 560; Pub. L. 104–66, title I, § 1121(k), Dec. 21, 1995, 109 Stat. 724.) Page 47 TITLE 30—MINERAL LANDS AND MINING § 185 Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (h)(1), is Pub. L. 91–190, Jan 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. 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, re- ferred 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, which is classi- fied generally to chapter 15B (§ 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, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and Na- tional 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, which is classified principally to chapter 34 (§ 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. Part B of title II of the Act is classified generally to part B (§ 6271 et seq.) of subchapter II of chapter 77 of Title 42, The Public Health and Welfare. For com- plete classification of this Act to the Code, see Short Title note set out under section 6201 of Title 42 and Ta- bles. The Export Administration Act of 1979, referred to in subsec. (u), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to section 2401 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renum- bering as chapter 56 (§ 4601 et seq.) of Title 50, and was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). CODIFICATION In subsec. (s)(2), ‘‘section 50501 of title 46’’ substituted for ‘‘section 2 of the Shipping Act, 1916 (46 U.S.C. App. 802)’’ on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 50501 of Title 46, Shipping. AMENDMENTS 1995—Subsec. (s). Pub. L. 104–58 amended heading and text of subsec. (s) generally. Prior to amendment, sub- sec. (s) provided that the Secretary of Interior, in con- sultation with Federal and State agencies, review need for national system of transportation and utility cor- ridors 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, § 1(a), substituted ‘‘Committee on Interior and Insular Affairs of the United States House of Representatives and the Com- mittee 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, § 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 diame- ter, 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 ad- journed for more than three days) after a notice of in- tention 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 fol- lowing)’’ for ‘‘Export Administration Act of 1969 (Act of December 30, 1969; 83 Stat. 841)’’ and ‘‘Export Adminis- tration 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) cov- ering 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 com- mon 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 Sec- retary of the Interior may, after a full hearing with no- tice thereof to the interested parties and a proper find- ing of facts, determine to be reasonable:’’ after ‘‘and maintained as common carriers.’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘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 func- tions vested in the Interstate Commerce Commission, and Chairman and members thereof, relating to trans- portation of oil by pipeline to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission within the Department of Energy), and terminated the Federal Power Commission and transferred its functions to the Secretary of Energy (except for certain functions which were transferred to the Federal Energy Regulatory Commission). REIMBURSEMENT OF ADMINISTRATIVE AND OTHER COSTS Pub. L. 105–277, div. A, § 101(e) [title II], Oct. 21, 1998, 112 Stat. 2681–231, 2681–272, provided that: ‘‘Notwith- standing any other provision of law, hereafter money collected, in advance or otherwise, by the Forest Serv- ice under authority of section 101 of Public Law 93–153 Page 48 TITLE 30—MINERAL LANDS AND MINING § 186 (30 U.S.C. 185(1)[(l)]) as reimbursement of administra- tive and other costs incurred in processing pipeline right-of-way or permit applications and for costs in- curred in monitoring the construction, operation, maintenance, and termination of any pipeline and re- lated facilities, may be used to reimburse the applica- ble 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, § 101(d) [title II], Sept. 30, 1996, 110 Stat. 3009–181, 3009–208. Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–156, 1321–184; renumbered title I, Pub. L. 104–140, § 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 Pub. L. 104–58, title II, § 202, Nov. 28, 1995, 109 Stat. 562, 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 rec- ommendations for Congress and the President to ad- dress job loss in the shipbuilding and ship repair indus- try on the West Coast, as well as adverse impacts on consumers and refiners on the West Coast and in Ha- waii, that are attributed to Alaska North Slope oil ex- ports. OUTER CONTINENTAL SHELF; PIPELINE RIGHTS-OF-WAY Pipeline rights-of-way in connection with oil, gas, and other leases on submerged lands of outer Conti- nental Shelf, see section 1334 of Title 43, Public Lands. Executive Documents 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 con- junction with grants of rights-of-way across Federal lands issued under this section with respect to pre-con- struction, construction, and initial operation of trans- portation system for Canadian and Alaskan natural gas were transferred to the Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transpor- tation System, until the first anniversary of date of initial operation of the Alaska Natural Gas Transpor- tation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effec- tive July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transpor- tation 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 Aboli- tion 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. 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 ex- ports 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 sup- ply shortages or sustained oil price increases signifi- cantly above world market levels that would cause sus- tained 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 con- clusions regarding potential environmental impacts of lifting the ban. Based on their findings and rec- ommendations, I have concluded that exports of such crude oil will not pose significant risks to the environ- ment 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 pro- mulgate immediately a general license, or a license ex- ception, authorizing exports of such crude oil, subject to appropriate documentation requirements, and con- sistent 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 Eco- nomic Zone of the United States as defined in the Fish- eries Conservation and Management Act (16 U.S.C. 1811) [probably means the Magnuson-Stevens Fishery Con- servation and Management Act]. This condition also applies to tankers returning from foreign ports to Valdez, Alaska. Exceptions can be made at the discre- tion 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 pro- gram of deep water ballast exchange (i.e., in 2,000 me- ters water depth). Exceptions can be made at the dis- cretion 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 di- rected to inform the appropriate committees of the Congress of this determination and to publish it in the Federal Register. WILLIAM J. CLINTON. § 186. Reservation of easements or rights-of-way for working purposes; reservation of right to dispose of surface of lands; determination be- fore offering of lease; easement periods Any permit, lease, occupation, or use per- mitted under this chapter shall reserve to the