Summary: H.R.4230 — 97th Congress (1981-1982)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House amended, Part II (08/10/1982)

(Reported to House from the Committee on Public Works and Transportation with amendment, H. Rept. 97-423 (Part II))

Coal Pipeline Act of 1982 - Amends the Interstate Commerce Act to authorize a person to apply to the Interstate Commerce Commission (ICC) for a certificate of public convenience to construct, operate, maintain, or extend a coal pipeline. Authorizes the Commission to approve an application, as filed, if: (1) the individual applying is willing and able to comply with this Act and to construct, operate, and maintain the pipeline or extension; and (2) the pipeline or extension is or will be required by the present or future public convenience and necessity. Authorizes approval of an application with modifications if necessary to protect the public interest. Requires an application to contain: (1) a plan for construction, operation, maintenance, and location of the pipeline or extension; (2) the proposed capacity of the pipeline or extension; (3) the size of the right-of-way necessary; (4) other information as required by the Commission; and (5) certification that a copy of the application has been served to each State through which the proposed pipeline or extension passes. Requires applicants to fulfill stated notification requirements. Directs the Attorney General to conduct an antitrust review to determine the likely effects on competition of approval of an application. Prohibits approval of any application inconsistent with the antitrust laws.

Permits any person granted a certificate to acquire rights-of-way on private lands by exercise of the power of eminent domain. Limits the scope of such exercise: (1) regarding rights to water or to certain historic sites, wilderness or wildlife refuge areas; and (2) to situations where an individual is unable to acquire the right-of-way through negotiation.

Permits any coal pipeline carrier, providing transportation as a common carrier, to elect to provide all or any part of such transportation under contracts with coal shippers approved under this Act. Requires each such contract to be filed with and approved by the Commission. Permits the Commission to review such a contract on its own initiative. Requires any individual who constructs, extends, or increases the capacity of a pipeline in accordance with a certificate issued under this Act and who makes the election of contract service (in lieu of providing transportation as a common carrier) to provide each original supporter of the certificate transportation with that volume of coal which the original supporter requested in the certification proceeding and for which a need is shown. Defines an original supporter as a shipper of coal who is identified in the application for a certificate as a supporter who, before an application is filed with the Commission, notifies the Commission of his or her interest in using the pipeline or extension and therefore supports approval of an application. Permits a carrier issued a certificate to contract with an original supporter to satisfy the obligation to the supporter. Provides that if an original supporter waives the obligation, the volume of coal which the carrier is obligated to transport for such supporter shall be reduced. Authorizes the Commission to order a carrier to provide an original supporter transportation if: (1) a carrier has not entered into a contract with such supporter (provided the supporter was willing and ready to enter a contract); or (2) a contract was made and the contract was not approved.

Requires a carrier not making the election of contract service to contract with enough shippers to totally obligate the carrier's pipeline capacity.

Requires contracts to be filed with the Commission. Directs the Commission to publish special tariff rules for contracts in order to assure that the essential rules of the contracts are available to the general public. Requires all contracts to be approved by the Commission before becoming effective. Prohibits approval of a contract: (1) if approval of the contract will cause the total tonnage of coal to be transported to exceed the maximum pipeline capacity; or (2) if the contract constitutes a destructive trade practice.

Requires all articles, matrials, and supplies used in the construction and maintenance of a pipeline to have been manufactured in the United States and substantially all from U.S. materials. Permits an exemption from such requirement in specified circumstances.

Permits the use of eminent domain to acquire a right-of-way over another right-of-way acquired under this Act if the use of the new right-of-way is consistent with and does not interfere with the operation and maintenance of the pipeline.

Provides that to the maximum extent practicable pipelines should be underground.

Authorizes the Commission to bring a civil action to enforce a regulation or order pertaining to a certificate issued under this Act.

Authorizes the Secretary of the Interior to grant or renew to a certificate holder rights-of-way on Federal lands for the construction or extension of coal pipelines. Requires the Secretary to first consult with the heads of other agencies which may administer such Federal lands. Prohibits granting a right-of-way through any Federal land which is part of a recreation area, wildlife and waterfowl refuge, or an historic site. Requires a right-of-way to be granted, renewed, and administered in accordance with specified provisions of the Federal Land Policy and Management Act of 1976. Authorizes the Secretary to prescribe additional terms and conditions. Authorizes the Secretary of the Interior to issue regulations concerning such rights-of- way.

Prohibits the United States or its agents, licensees, or transferees from reserving, appropriating, using, diverting, dedicating or claiming water within a State for a coal pipeline or extention, which has issued a certificate, except persuant to State law.

Directs the Secretary of Transportation to issue regulations establishing uniform Federal standards for the safe design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of coal pipeline facilities. Authorizes the Secretary to waive compliance of any such standard issued if it is determined that the waiver is consistent with pipeline safety. Exempts from certain of such standards existing coal pipelines which are: (1) under construction; or (2) have had a final environmental impact statement prepared prior to the adoption of such standards. Provides that after the effective date of such regulations no State may adopt or continue in force any safety standards applicable to the construction, operation, or maintenance of any coal pipeline or extension to which the Federal standards apply. Authorizes the Attorney General, at the request of the Secretary of Transportation, to institute a civil action to enforce any such regulation. Sets forth civil and criminal penalties for violating such regulations.

Authorizes the Attorney General, at the request of the Secretary of the Interior, to institute a civil action to enforce any provision of this Act. Sets forth civil and criminal penalties for any person failing to comply with any provision or regulation of this Act.