Bill summaries are authored by CRS.

Shown Here:
Failed of passage in House (09/27/1983)

(Measure failed of passage in House, roll call #357 (182-235))

Coal Pipeline Act of 1983 - Prohibits the United States or any other individual or entity from reserving, using, or claiming water in any State for a pipeline unless such action takes place pursuant to State law. Prohibits this Act from affecting the water rights of any Indian or Indian tribe. Prohibits a State from restricting the importation or movement through the State of water acquired within another State and within a coal pipeline.

Authorizes the Secretary of the Interior to grant or renew rights-of-way over, under, upon, or through any Federal lands for the construction, operation, maintenance, or extension of coal pipelines, if the person seeking the right-of-way has been issued a certification issued udner provisions of this Act.

Prohibits granting a right-of-way over, under, upon, or through any Federal land which is part of an historic site or a unit of the national wildlife refuge system, unless there is no feasible alternative and planning is made to minimize damage to the site or refuge.

Requires a rights-of-way granted or renewed under this Act to be granted or renewed in accordance with the requirements of the Federal Land Policy and Management Act of 1976.

Prohibits the provisions of this Act from affecting an existing or pending right-of-way, except that if a certification has been issued, any renewal or extension may only be made pursuant to this Act.

Authorizes the Secretary and the Commission to each issue regulations as necessary to carry out this Act.

Authorizes acquisition of rights-of-way with respect to private lands by eminent domain if there has been a certification, except with respect to historic sites unless there is no feasible alternative.

Permits a person who has, under applicable State law, filed and secured approval of a water permit, or obtained appropriate authority to use water, necessary to operate a pipeline or extension to apply to the Secretary and the Interstate Commerce Commission for issuance of a certificate to construct, operate, and maintain the pipeline or extension. Directs the Commission to make determinations concerning: (1) whether or not the applicant is willing and able to construct, operate, and maintain the proposed pipeline or extension; (2) whether or not the pipeline or extension is required for the public convenience and necessity; (3) the route of the pipeline or extension; (4) the capacity of the pipeline or extension; (5) any set aside for small and independent coal producers; and (6) any terms and conditions relating to the recommendations. Directs the Commission, in making a determination, to consider: (1) evidence of public support; (2) the extent to which the proposed pipeline or extension would have an economic impact on any other common carrier or would affect the services of any other common carrier; and (3) the applicant's planned use of minority employees and minority-owned enterprises in the pipeline project. Directs the Commission to make a determination that the applicant shall set aside and use for the transportation of coal from small and independent coal producers, for the purpose of protecting such producers, the lesser of: (1) ten percent of the pipeline's capacity; or (2) that portion of pipeline capacity that satisfies the demands of the small and independent producers. Prohibits the issuance of a certificate if the Commission fails to find that the applicant is fit, willing, and able or that the proposed pipeline or extension is or will be required by the future public convenience and necessity. Directs the Secretary to make determinations concerning: (1) whether or not the pipeline or extension is in the national interest; and (2) any terms and conditions relating to such recommendation. Directs the Secretary in making the determination to consider the extent to which a pipeline would: (1) help meet national needs; (2) enhance competition and provide new market outlets and opportunities; (3) contribute to national security; and (4) affect the environment. Prohibits the issuance of a certificate if the Secretary fails to find that the construction, operation, and maintenance of the pipeline or extension is in the national interest.

Directs the Attorney General to conduct an antitrust review to determine the effects on competition of an application's approval. Prohibits approval of an application if the Attorney General determines that it would not be consistent with the antitrust laws.

Requires an application to be filed with the Secretary and the Commission, to be under oath, and to contain: (1) a plan for the construction, operation, maintenance, and routing of the pipeline or extension; (2) the proposed capacity of the pipeline or extension; (3) the size of the right-of-way necessary to construct, operate, and maintain the pipeline or extension; (4) such other information as the Secretary or the Commission may require; and (5) a certification by the applicant that a copy of the application has been served on interested persons and on the chief executive officer of each State through which the pipeline or extension passes. Requires each applicant for a certificate to reimburse the Secretary and the Commission the administrative and other costs incurred by the Secretary and the Commission in processing the application. Directs the Commission and the Secretary to exchange copies of their determinations. Directs the Commission to issue a certificate if the Secretary and Commission agree on issuance. Directs the Secretary and the Commission to notify the President if they disagree on either the terms and conditions to be included in a certificate or whether or not a certificate should be issued. Directs the President, in cases of disagreement, to make the final determination. Prohibits the issuance of a certificate unless an environmental impact statement is prepared.

Prohibits anything in this Act from preventing any person or governmental entity from using the power of eminent domain to acquire any portion of a right-of-way acquired under this Act in any case in which the use of the right-of-way by such person or entity is consistent with the operation and maintenance of the pipeline.

Requires pipelines: (1) to be underground to the maximum extent possible; and (2) to be installed in a manner which minimizes interference with agricultural drainage systems.

Authorizes the Attorney General, at the request of the Secretary or the Commission, to institute a civil action for a restraining order or injunction to enforce any provision of this Act. Sets forth civil and criminal penalties for violations of this Act.

Amends the Interstate Commerce Act to add a new subchapter relating to coal pipeline carriers. Permits any coal pipeline carrier to elect to use all or any part of the pipeline's capacity to provide coal pipeline transportation under contracts. Prohibits any carrier from unreasonably discriminating against any shipper ready willing and able to enter into a contract. Requires: (1) an election to be filed with the Commission; and (2) publication of a notice of intention to file such an election for at least four consecutive weeks in each county through which the pipeline passes or is proposed to pass. Permits a shipper, not later than 60 days after the filing of an election, to request a carrier to transport a specific volume of coal. Directs the Commission to determine the volume of coal which the carrier shall be obligated to transport. Permits a pipeline to enter into other contracts with shippers of coal to provide specific services under specified rates and conditions in any case in which a pipeline has satisfied its obligations, and in any case in which a prior contract expires.

Requires pipelines filing an election to enter into contracts to transport coal only as provided in this subchapter. Requires all such contracts: (1) to be filed with the Commission; and (2) to be approved by the Commission before becoming effective. Provides for the review of any contract on the motion of the Commission, the Tennessee Valley Authority, a shipper, or a State agency which has ratemaking authority with respect to the sale of electric power.

Provides that any pipeline capacity not subject to an approved contract, an order of the Commission, or a set aside for small and independent producers shall be used to provide for the transportation of coal as a common carrier.

Sets forth definitions of terms used in the subchapter.

Directs the Secretary of Transportation to issue regulations establishing uniform Federal standards for the safe design, installation, inspection, construction, extension, operation, and maintenance of a coal pipeline or extension. Exempts existing pipelines and pipelines under construction from such standards. Authorizes waivers of such standards if pipeline safety is not jeopardized. Sets forth civil and criminal penalties with respect to violations of such regulations.

Prohibits a purchaser, consumer, or user of coal to be transported through a pipeline for which a certificate has been issued from requiring a customer to pay a fee, surcharge, tariff, or other payment relating to the cost of construction of the pipeline at any time prior to the commencement of operation of the pipeline.

Requires all articles, materials, and supplies used in the construction and maintenance of a coal pipeline to be made in the United States from U.S. materials, subject to certain exceptions.

States that this Act shall not be construed to diminish, preempt, or modify the ratemaking authority of any State utility regulatory agency.