277 



the government of an adjacent foreign state, or 

 which is temporarily exported for convenience or in- 

 creased efficiency of transportation across parts of 

 an adjacent foreign state and reenters the United 

 States, shall be subject to all of the limitations and 

 licensing requirements of the Export Administration 

 Act of 1969 and. in addition, before any crude oil 

 subject to this section may be exported under the 

 limitations and licensing requirements and penalty 

 and enforcement provisions of the Export Adminis- 

 tration Act of 1969 the President must make and 

 publish an express finding that such exports will not 

 diminish the total quantity or quality of petroleum 

 available to the United States, and are in the na- 

 tional interest and are in accord with the provisions 

 of the Export Administration Act of 1969: Provided. 

 That the President shall submit reports to the Con- 

 gress containing findings made under this section, 

 and afte.- the date of receipt of such report Congress 

 shall have a period of sixty calendar days, thirty 

 days of which Congress must have been in session, 

 to consider whether exports under the terms of this 

 section are ;n the national interest. If the Congress 

 withm this time period passes a concurrent resolu- 

 tion of disapproval stating disagreement with the 

 President's finding concerning the national interest, 

 further exports made pursuant to the aforemen- 

 tioned Presidential findings shall cease. 



(v) State standards. 



The Secretary or agency head shall take into con- 

 sideration and to the extent practical comply with 

 State standards for right-of-way construction, op- 

 eration, and maintenance. 



(w) Reports. 



1 1 1 The Secretary and other appropriate agency 

 heads shall report to the House and Senate Commit- 

 tees on Interior and Insular Affairs annually on the 

 administration of this section and on the safety 

 and environmental requirements imposed pursuant 

 thereto. 



i2i The Secretary or agency head shall notify 

 the House and Senate Committees on Interior and 

 Insular Affairs promptly upon receipt of an applica- 

 tion for a right-of-way for a pipeline twenty-four 

 inches or more in diameter, and no right-of-way for 

 such a pipeline shall be granted until sixty days mot 

 counting days on which the House of Representatives 

 or the Senate has adjourned for more than three 

 days' after a notice of intention to grant the right- 

 of-way. together with the Secretary's or agency 

 head's detailed findings as to te;ms and conditions 

 he proposes to impose, has been submitted to such 

 committees, unless each committee by resolution 

 waives the waiting period 



(3) Periodically, but at least once a year, the Sec- 

 retary of the Department of Transportation shall 

 cause the examination of all pipelines and associated 

 facilities on Federal lands and shall cause the prompt 

 reporting of any potential leaks or safety problems. 



' 4 1 The Secretary of the Department of Transpor- 

 tation shall report annually to the President, the 

 Congress, the Secretary of the Interior, and the In- 

 terstate Commerce Commission any potential dan- 

 gers of or actual explosions, or potential or actual 

 spillage on Federal lands and shall include in such 



report a statement of corrective action taken to pre- 

 vent such explosion or spillage. 



(\) Liability. 



'D The Secretary or agency head shall promul- 

 gate regulations and may impose stipulations spec- 

 ifying the extent to which holders of rights-of-way 

 and permits under this chapter shall be liable to the 

 United States for damage or injury incurred by the 

 United States in connection with the right-of-way 

 or permit. Where the right-of-way or permit involves 

 lands which are under the exclusive jurisdiction of 

 the Federal Government, the Secretary or agency 

 head shall promulgate regulations specifying the 

 extent to which holders shall be liable to third parties 

 for injuries mcurred in connection with the right-of- 

 way or permit. 



i2i The Secretary or agency head may, by regu- 

 lation or stipulation, impose a standard of strict 

 liability to govern activities taking place on a right- 

 of-way or permit area which the Secretary or agency 

 head determmes, in his discretion, to present a fore- 

 seeable hazard or risk of danger to the United States. 



13' Regulations and stipulations pursuant to this 

 subsection shall not impose strict liability for dam- 

 age or injury resulting from lAi an act of war, or 

 'B) negligence of the United States. 



(4) Any regulation or stipulation imposing lia- 

 bility without fault shall include a maximum limita- 

 tion on damages commensurate with the foreseeable 

 risks or hazards presented. Any liability for damage 

 or injury in excess of this amount shall be deter- 

 mined by ordinary rules of negligence. 



1 5 1 The regulations and stipulations shall also 

 specify the extent to which such holders shall in- 

 demnify or hold harmless the United States for 

 liability, damage, or claims arising in connection 

 with the right-of-way or permit. 



<6i Any regulation or stipulation promulgated or 

 imposed pursuant to this section shall provide that 

 all owners of any interest in. and all afliliates or sub- 

 sidiaries of any holder of. a right-of-way or permit 

 shall be liable to the United States in the event that 

 a claim for damage or injury cannot be collected 

 from the holder. 



<Ti In any ca.se where liability without fault is 

 imposed pursuant to this subsection and the dam- 

 ages involved were caused by the negligence of a 

 third party, the rules of subrogation shall apply in 

 accordance with the law of the jurisdiction where 

 the damage occurred. 



(y) .Viitilrust laws. 



The grant of a right-of-way or permit pursuant to 

 this section shall grant no immunity from the opera- 

 tion of the Federal antitrust laws. lAs amended 

 Nov. 16, 1973, Pub. L. 93-153. title I, § 101, 87 Stat. 

 576.) 



Amendments 



1973 — Pub. L. 93-153 completely rewrote the section 

 substituting 25 subsecs. lettered (a) through (y) covering 

 all aspects of the granting of rights-of-way for pipelines 

 through Federal lands for the former single unlettered 

 paragraph under which rights-of-way of 25 feet on each 

 side of the pipeline could be granted and under which the 

 pipeline was to be operated as a common carrier. 



