H.R.402 - Coal Pipeline Act of 1989101st Congress (1989-1990)
Summary: H.R.402 — 101st Congress (1989-1990)
Reported to House amended, Part I (05/25/1989)
Coal Pipeline Act of 1989 - Amends the Mineral Lands Leasing Act of 1920 to authorize a person who has secured specified water rights under State law to apply to the Secretary of the Interior for certification that it is in the national interest to construct, operate, or extend a coal pipeline. Conditions such certification upon an applicant's reservation of a specified portion of total pipeline capacity for small, independent producers located in the geographic region served by such pipeline. Makes all Federal and State environmental laws applicable to the issuance or denial of such certification.
Conditions such certification upon an applicant's commitment that steel and related manufactured products used in such pipeline construction are produced in the United States, unless they exceed the cost of foreign products by more than 20 percent. Permits exemption from this requirement if the items in question are not produced in the United States. Proscribes the granting of any right-of-way through lands: (1) designated as wilderness areas; (2) administered as part of the national park system; or (3) which are part of a historic site (unless there is no reasonable alternative and reasonable planning is made to minimize the harm of such site).
Prohibits any person or entity (including the United States) from claiming any right or interest in water within any State for a coal pipeline unless such claim takes place under the law of the affected State.
Delegates to the States all power regarding water rights for a coal pipeline. States that this Act does not: (1) impair the validity of any State law (or interstate compact) regarding any claim to water rights; (2) alter the rights of any State to its apportioned share of water under past or future allocation or interstate compact; (3) affect any Indian water rights; or (4) preempt or otherwise affect any State or Federal law or interstate compact regarding water quality or disposal.
Prohibits any State acting under authority of this Act from restricting the movement through such State of water acquired in another State and within a coal pipeline.
Authorizes certain persons who have received a certification from the Secretary that it is in the national interest to operate or extend a coal pipeline to acquire rights-of-way through private lands by the power of eminent domain. States this Act shall not be construed to permit any person (including the United States) to acquire any water rights through the power of eminent domain. Prohibits the acquisition of any right-of-way through the power of eminent domain if such right-of-way is upon land which is part of a historic site unless there is no prudent alternative and reasonable planning is made to minimize harm to such site.
Provides for antitrust review of applications for certification by the Attorney General.
Requires each pipeline carrier for which a certification has been issued to provide service on reasonable request. Prohibits such carriers from unreasonably discriminating or refusing to enter into contracts with coal shippers under similar conditions in a contemporaneous period.
States that this Act shall not be construed to modify or preempt the ratemaking authority of any State utility regulatory agency.
Requires certified coal pipelines to be located underground to the maximum extent possible. Prohibits coal pipeline construction from interfering with certain alluvial valleys, unless the Secretary finds in writing in the certification proceeding that no reasonable alternative exists and all steps are taken to minimize adverse impacts to such site.
Requires the Secretary to establish uniform Federal standards for coal pipeline safety. Establishes penalties for failure to comply with such safety standards.