Coal Pipeline Act of 1980

(Reported to House from the Committee on Public Works and Transportation with amendment, H.Rept 96-692 (Part II))

Coal Pipeline Act of 1980 - =Title I: Rights-of-Way Across Non-Federal Lands= - Provides that any person holding a certificate of public convenience and necessity to transport coal by coal pipeline may acquire rights-of- way over, under, upon, or through non-Federal lands owned by common carriers engaged in such transportation by the exercise of the power of eminent domain in the appropriate United States district court or State court. Requires such person to attempt to acquire any right-of-way through negotiation prior to exercising such power. Declares that nothing in this Act shall be construed to permit such person to use or develop water through the exercise of such power. Prohibits any right-of-way through historic sites, public parks, recreation areas, wilderness areas, or wildlife refuges unless there is no alternative route and planning is made to minimize harm to such sites.

Authorizes the Interstate Commerce Commission to issue a certificate of public convenience and necessity to any applicant seeking to extend or acquire a coal pipeline upon a written determination of certain findings. Includes within such findings that: (1) the applicant has the technical and financial capability to maintain the pipeline; (2) the pipeline is or will be of public convenience and necessity; (3) the pipeline provides the capacity of a common carrier; (4) rates to be charged will be less than those charged by common carriers; and (5) the pipeline will not materially impair the financial ability of any other common carrier to provide transportation.

Directs the Commission to include in its determination a discussion addressing issues concerning transportation, energy, and water needs and their effect on existing carriers, rate levels, and the need for the pipeline.

Prohibits the issuance of a certificate until the applicant has complied with all requirements of the Commission, including: (1) submitting plans, contracts, or agreements concerning the intended use of the pipeline; (2) identifying all parties when such applicant is a business entity; (3) preparing an environmental impact statement; (4) agreeing in writing to be deemed a Federal agency for purposes of this Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 with respect to acquisition of rights-of-way; and (5) obtaining written consent from each affected State for the use of its ground water.

Sets forth the procedure and timetable of the Commission after receipt of an application for a certificate including notifying the Governor of each affected State, requesting the Secretaries of Transportation, Energy, and the Interior to submit findings, and requesting the Attorney General to conduct an antitrust review.

Requires each applicant to reimburse the Commission for administrative and other costs relative to processing its application.

Prohibits the issuance of a certificate prior to public notices and hearings in accordance with provisions of this Act.

Subjects any certificate holder to the jurisdiction of the Commission over rates and charges as a pipeline carrier, and requires such person to provide service to any other persons seeking service during planning phases and those seeking unutilized capacity of the coal pipeline.

Requires that each certificate contain such terms and conditions as the Commission deems necessary to protect the public interest.

Prohibits transportation of coal in a certified pipeline if such coal is to be used by the carrier or by a person which controls or is controlled by such carrier. Prohibits the transportation of coal owned, mined, or supplied by the carrier or by a person which controls or is controlled by the carrier. Sets limitations on the amount of coal which may be transported in a certified pipeline if such coal is mined or to be used by an affiliate of the carrier. Specifies certain exemptions from such prohibitions. Permits a prospective applicant to petition the Commission for a determination of such control prior to making application for a certificate.

Allows any person or governmental entity to use the power of eminent domain under Federal or State law to acquire any portion of a right-of-way acquired in whole or part under this Act so long as such use is consistent with the operation and maintenance of such pipeline.

Authorizes a person to abandon or discontinue using such pipeline under specified conditions. Sets forth procedures for such abandonment.

=Title II: Rights-of-Way Across Federal Lands= - Authorizes the Secretary of the Interior, after consultation with other agencies, departments, or instrumentalities of the United States administering any Federal lands, to grant or renew to a person holding a certificate rights-of-way over, under, upon, or through such Federal lands for the construction, operation, maintenance, or extension of coal pipelines. Directs the Secretary to enter into interagency agreements with the heads of such agencies, departments, or instrumentalities in order to achieve specified goals, including: (1) avoiding duplication; (2) assigning responsibility; and (3) expediting review of applications for rights-of-way. Directs that such department heads shall administer and enforce the provisions of this Act and related regulations.

Prohibits any right-of-way through historic sites, public parks, recreation areas, wilderness areas, or wildlife refuges unless there is no alternative route, and planning is conducted so as to minimize harm to such sites.

Authorizes the Secretary to issue such regulations as may be necessary to carry out this Act as regards the requirement that a coal pipeline over, under, upon, or through Federal lands be located underground.

=Title III: General and Miscellaneous Provisions= - Directs that the Federal Government cannot appropriate water within any State for use in a coal pipeline without complying with State law, nor can it claim water for a coal pipeline under the reserved rights doctrine unless such reservation is express. Directs that nothing in this Act is intended to grant any right of water use for a coal pipeline or to excuse any person from obtaining and maintaining a water permit or authorization pursuant to State law.

Authorizes any State issuing a State water permit or authorization to a pipeline for which a certificate of public convenience and necessity was issued or a right-of-way was granted under this Act, to condition the water rights of such pipeline to effectuate a legitimate State public interest.

Authorizes the Attorney General, at the request of the Commission or the Secretary, to institute a civil action in the appropriate district court to enforce provisions of this Act. Sets forth penalties for failure to comply with this Act.

Requires that all such pipelines be buried underground.

Directs the Secretary of Transportation to issue regulations establishing Federal standards for the safe construction, operation, and maintenance of such pipelines.

Exempts from this Act any coal pipeline which was in operation on January 1, 1979.