275 



(h) Environmental protection. 



(1> Nothing in this section shall be construed to 

 amend, repeal, modify, or change in any way the re- 

 quirements of section 4332(2) (C) of Title 42 or any 

 other provision of the National Environmental Policy 

 Act of 1969. 



<2) The Secretary or agency head, prior to grant- 

 ing a right-of-way or permit pursuant to this sec- 

 tion for a new project which may have a significant 

 impact on the environment, shall require the appli- 

 cant to submit a plan of construction, operation, and 

 rehabilitation for such right-of-way or permit which 

 shall comply with this section. The Secretary or 

 agency head shall issue regulations or impose 

 stipulations which shall include, but shall not be 

 limited to: (A> requirements for restoration, re- 

 vegetation, and curtailment of erosion of the surface 

 of the land: 'B) requirements to insure that activi- 

 ties in connection with the right-of-way or permit 

 will not violate applicable air and water quality 

 standards nor related facility siting standards estab- 

 lished by or pursuant to law: <C) requirements 

 designed to control or prevent 'i> damage to the 

 environment 'including damage to fish and wildlife 

 habitat). (ii> damage to public or private property, 

 and (iii) hazards to public health and safety: and 

 iD) requirements to protect the interests of individ- 

 uals living in the general area of the right-of-way or 

 permit who rely on the fish, wildlife, and biotic re- 

 sources of the area for subsistence purposes. Such 

 regulations shall be applicable to every right-of-way 

 or permit granted pursuant to this section, and may 

 be made applicable by the Secretary or agency head 

 to existing rights-of-way or permits, or rights-of- 

 way or permits to be renewed pursuant to this sec- 

 tion. 



(i) Disclosure. 



If the applicant is a partnership, corporation, as- 

 sociation, or other business entity, the Secretary or 

 agency head shall require the applicant to disclose 

 the identity of the participants in the entity. Such 

 disclosure shall include where applicable (1) the 

 name and address of each partner. '2> the name and 

 address of each shareholder owning 3 per centum or 

 more of the shares, together with the number and 

 percentage of any class of voting shares of the entity 

 which such shareholder is authorized to vote, and 

 (3> the name and address of each affiliate of the en- 

 tity together with, in the case of an affiliate con- 

 trolled by the entity, the number of shares and the 

 percentage of any class of voting stock of that affili- 

 ate owned, directly or indirectly, by that entity, and, 

 in the case of an affiliate which controls that entity, 

 the number of shares and the percentage of any class 

 of voting stock of that entity owned, directly or in- 

 directly, by the affiliate. 



(j) Technical and fijianclal capability. 



The Secretary or agency head shall grant or renew 

 a right-of-way or permit under this section only 

 when he is satisfied that the applicant has the 

 technical and financial capability to construct, oper- 

 ate, maintain, and terminate the project for which 

 the right-of-way or permit is requested in accord- 

 ance with the requirements of this section. 



(k) Public hearings. 



The Secretary or agency head by regulation shall 

 establish procedures, including public hearings where 

 appropriate, to give Federal. State, and local govern- 

 ment agencies and the public adequate notice and 

 an opportunity to comment upon right-of-way ap- 

 plications filed after the date of enactment of this 

 subsection. 



(/) Reimbursement of costs. 



The applicant for a right-of-way or permit shall 

 reimburse the United States for administrative and 

 other costs incurred in processing the application, 

 and the holder of a right-of-way or permit shall 

 reimburse the United States for the costs incurred 

 in monitoring the construction, operation, mainte- 

 nance, and termination of any pipeline and related 

 facilities on such right-of-way or permit area and 

 shall pay annually in advance the fair market rental 

 value of the right-of-way or permit, as determined 

 by the Secretary or agency head. 



(m) Bonding. 



Where he deems it appropriate the Secretary or 

 agency head may require a holder of a right-of-way 

 or permit to furnish a bond, or other security, satis- 

 factory to the Secretary or agency head to secure 

 all cr any of the obligations imposed by the terms and 

 conditions of the right-of-way or permit or by any 

 rule or regulation of the SecretarT,' or agency head. 



(n) Duration of grant. 



Each right-of-way or permit granted or renewed 

 pursuant to this section shall be limited to a reason- 

 able term in light of all circumstances concerning 

 the project, but in no event more than thirty years. 

 In determining the duration of a right-of-way the 

 Secretary or agency head shall, among other things, 

 take into consideration the cost of the facility, its 

 useful life, and any public purpose it serves. The 

 SecretaiT or agency head shall renew any right-of- 

 way, in accordance with the provisions of this sec- 

 tion, so long as the project is in commercial operation 

 and is operated and maintained in accordance w'ith 

 all of the provisions of this section. 



(o) .Suspension or termination of right-of-way. 



(11 Abandonment of a right-of-way or noncom- 

 pliance with any provision of this section may be 

 grounds for suspension or termination of the right- 

 of-way if lAi after due notice to the holder of the 

 right-of-way. (Bj a reasonable opportunity to com- 

 ply with this section, and (C) an appropriate ad- 

 ministrative proceeding pursuant to section 554 of 

 Title 5. the Secretary or agency head determines that 

 any such ground exists and that suspension or termi- 

 nation is justified. No administrative proceeding shall 

 be required where the right-of-way by its terms pro- 

 vides that it terminates on the occurrence of a fixed 

 or agreed upon condition, event, or time. 



(2) If the Secretary or agency head determines 

 that an immediate temporary suspension of activities 

 within a right-of-way or permit area is necessary to 

 protect public health or safety or the environment, 

 he may abate such activities prior to an administra- 

 tive proceeding. 



i3) Deliberate failure of the holder to use the 

 right-of-way for the purpose for which it was 

 granted or renewed for any continuous two-year pe- 



