276 



riod shall constitute a rebuttable presumption of 

 abandonment of the right-of-way: Provided. That 

 where the failure to use the right-of-way is due to 

 circumstances not within the holder's control the 

 Secretary or agency head is not required to com- 

 mence proceedings to suspend or terminate the 

 right-of-way. 



(p) Joint use of rights-of-way. 



In order to minimize adverse environmental im- 

 pacts and the proliferation of separate rights-of-way 

 across Federal lands, the utilization of rights-of-way 

 in common shall be required to the extent practical, 

 and each right-of-way or permit shall reserve to the 

 Secretary or agency head the right to grant addi- 

 tional rights-of-way or permits for compatible uses 

 on or adjacent to rights-of-way or permit area 

 granted pursuant to this section. 



(q) Statutes. 



No rights-of-way for the purposes provided for in 

 this section .shall be granted or renewed across 

 Federal lands except under and subject to the provi- 

 sions, limitations, and conditions of this section. 

 Any application for a right-of-way filed under any 

 other law prior to the effective date of this provision 

 may, at the applicant's option, be considered as an 

 application under this section. The Secretary or 

 agency head may require the applicant to submit any 

 additional information he deems necessary to comply 

 with the requirements of this section. 



(r) Common carriers. 



(1) Pipelines and related facilities authorized 

 under this section shall be constructed, operated, 

 and maintained as common carriers. 



(2) (A) The owners or operators of pipelines sub- 

 ject to this section shall accept, convey, transport, 

 or purchase without discrimination all oil or gas 

 delivered to the pipeline without regard to whether 

 such oil or gas was produced on Federal or non-Fed- 

 eral lands. 



iB) In the case of oil or gas produced from Fed- 

 eral lands or from the resources on the Federal lands 

 in the vicinity of the pipeline, the Secretary may, 

 after a full hearing with due notice thereof to the 

 interested parties and a proper finding of facts, de- 

 termine the proportionate amounts to be accepted, 

 conveyed, transported or purchased. 



13) I A) The common carrier provisions of this 

 section shall not apply to any natural gas pipeline 

 operated by any person subject to regulation under 

 the Natural Gas Act or by any public utility subject 

 to regulation by a State or municipal regulatory 

 agency having jurisdiction to regulate the rates and 

 charges for the sale of natural gas to consumers 

 within the State or municipality. 



(B) Where natural gas not subject to State reg- 

 ulatory or conservation laws governing its purchase 

 by pipelines is offered for sale, each such pipeline 

 shall purchase, without discrimination, any such 

 natural gas produced in the vicinity of the pipeline. 



'4) The Government shall in express terms re- 

 serve and shall provide in every lease of oil lands 

 under this chapter that the lessee, assignee, or bene- 

 ficiary, if owner or operator of a controlling interest 

 in any pipeline or of any company operating the 

 pipeline which may be operated accessible to the oil 



derived from lands under such lease, shall at reason- 

 able rates and without discrimination accept and 

 convey the oil of the Government or of any citizen 

 or company not the owner of any pipeline operating 

 a lease or purchasing gas or oil under the provisions 

 of this chapter. 



'5i Whenever the Secretary has reason to believe 

 that any owner or operator subject to this section 

 is not operating any oil or gas pipeline in complete 

 accord with its obligations as a common carrier here- 

 under, he may request the Attorney General to pros- 

 ecute an appropriate proceeding before the Inter- 

 state Commerce Commission or Federal Power Com- 

 mission or any appropriate State agency or the 

 United States district court for the district in which 

 the pipeline or any part thereof is located, to enforee 

 such obligation or to impose any penalty provided 

 therefor, or the Secretary may, by proceeding as 

 provided in this section, suspend or terminate the 

 said grant of right-of-way for noncompliance with 

 the provisions of this section. 



1 6) The Secretary or agency head shall require, 

 prior to granting or renewing a right-of-way, that 

 the applicant submit and disclose all plans, con- 

 tracts, agreements, or other information or material 

 which he deems necessary to determine whether a 

 right-of-way shall be granted or renewed and the 

 terms and conditions which should be included in 

 the right-of-way. Such information may include, but 

 is not limited to; 'A) conditions for, and agreements 

 among owners or operators, regarding the addition 

 of pumping facilities, looping, or otherwise increas- 

 ing the pipeline or terminal's throughput capacity 

 in response to actual or anticipated increases in 

 demand; (B) conditions for adding or abandoning 

 intake, offtake, or storage points or facilities; and 

 'Ci minimum shipment or purchase tenders. 



(s) Right-of-way corridors. 



In order to minimize adverse environmental im- 

 pacts and to prevent the proliferation of separate 

 rights-of-way across Federal lands, the Secretary 

 shall, in consultation with other Federal and State 

 agencies, review the need for a national system of 

 transportation and utility corridors across Federal 

 lands and submit a report of his findings and recom- 

 mendations to the Congress and the President by 

 July 1. 1975. 



(t) Existing rights-of-way. 



The Secretary or agency head may ratify and con- 

 firm any right-of-way or permit for an oil or gas 

 pipeline or related facility that was granted under 

 any provision of law before the effective date of this 

 subsection, if it is modified by mutual agreement to 

 comply to the extent practical with the provisions 

 of this section. Any action taken by the Secretary 

 or agency head pursuant to this subsection shall not 

 be considered a major Federal action requiring a 

 detailed statement pursuant to section 4332(2) (C) 

 of Title 42. 



(u) Limitations on export. 



Any domestically produced crude oil transported 

 by pipeline over rights-of-way granted pursuant to 

 this section, except such crude oil which is either 

 exchanged in similar quantity for convenience or in- 

 creased efficiency of transportation with persons or 



