Coal Slurry Pipeline Act - Declares the findings of Congress that the increased use of domestic coal would promote the national interest by conserving oil and natural gas resources and that the development of coal pipelines may be substantially impeded by difficulties in obaining necessary rights-of-way across private lands unless such pipelines are granted the right of eminent domain.
Provides that a carrier may acquire the power of eminent domain in U.S. district courts for the construction of any proposed coal pipelines when such carrier cannot acquire by negotation the right-of-way requires for such construction.
States that the power of eminent domain shall not be exercised to acquire: (1) lands owned by the United States or by any State; (2) lands held in trust by the United States for an Indian or Indian tribe; or (3) any right to use or develop water.
Provides that the power of eminent domain granted pursuant to this Act may be exercised only by a carrier holding a certificate of public convenience and necessity issued by the Department of the Interior. Authorizes the Secretary of the Interior to issue such a certificate if he finds that the project is in the national interest. Sets forth the factors that the Secretary shall consider in making such a decision.
Provides that no carrier granted eminent domain power under this Act shall transport any coal mined by it or under its authority or which it may own in whole or in part, or in which it may direct or indirect interest.
States the procedure for the application and issuance of a public convenience and necessity certificate. Requires public notice and public hearings prior to the authorization of a certificate.
Declares that the Department of the Interior shall not issue any certificate unless it has received the advice of the Attorney General and the Federal Trade Commission that such action would not adversely affect competition, restrain trade, further monpolization, or otherwise create or maintain a situation in contravention of the antitrust laws.
Authorizes the Attorney General, at the request of the Secretary of the Interior, to institute a civil action in U.S. district court for a restraining order or injunction to enforce any provision of this Act or any regulation issued under the authority of this Act, shall be liable for a civil penalty of not more that $5,000 for each day of the continuance of such failure.
States that any person who violates any provision of this Act shall be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or both.
Provides that petitions for judicial review shall be filed in the court of appeals of the United States for the circuit in which the proposed project originates.
Authorizes the Secretary to promulgate such rules and regulations as he deems necessary to carry out the purposes of this Act.
States that all coal coal piplines subject to this Act shall be buried underground if practicable.
Introduced in House
Introduced in House
Referred to House Committee on Interior and Insular Affairs.
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