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1 public utility subject to regulation by a State or municipal 2 regulatory agency having jurisdiction to regulate the rates 3 and charges for the sale of natural gas to consumers within 4 the State or municipality.

5 (2) The Secretary, prior to granting, issuing, or renew6 ing a right-of-way under this Act for a pipeline or terminal, 7 shall require the applicant to file a stipulation that the pipe8 line or terminal will be operated as a common carrier as 9 required by subsection (c) (1) of this Act, and setting out 10 the terms and conditions under which the owners or operators 11 will accept, convey, transport, or purchase oil or natural gas, 12 including but not limited to (A) conditions for, and agree13 ments among owners or operators regarding, the addition of 14 pumping facilities, looping, or otherwise increasing the pipe15 line or terminal's throughput capacity in response to actual 16 or anticipated increases in demand; (B) conditions for 17 adding or abandoning intake or offtake points or facilities; 18 (C) systems and principles of accounting and tariff setting; 19 and (D) minimum shipment tenders. The stipulations and 20 conditions included in the statement required by this sub21 section shall become part of the right-of-way permit, and 22 shall be amended by the Secretary only after a full hearing 23 with due notice thereof to the interested parties and a proper 24 finding of facts.

93-145 73-7

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1 (d) Nothing in this Act shall be deemed to limit in any 2 way the authority of the Secretary to make grants, issue 3 leases, licenses, or permits, or enter into contracts under other 4 provisions of law, for purposes ancillary or complementary to 5 the construction, operation, maintenance, or termination of 6 any facility authorized under this Act.

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RIGHT-OF-WAY CORRIDORS

SEC. 4. In order to minimize adverse environmental im9 pacts and to prevent the unnecessary proliferation of sepa10 rate rights-of-way across Federal lands, the Secretary shall, 11 whenever practical and consistent with National and State 12 land use policies, environmental quality, safety, and good 13 engineering practice, grant nonexclusive and multiple-use 14 rights-of-way, and shall, where appropriate, require applicants for rights-of-way under this title to utilize rights-of16 way in common. The Secretary shall issue regulations in17 cluding but not limited to: (1) standards for requiring and 18 granting nonexclusive and multiple-use rights-of-way; and 19 (2) identification and designation of a national system of transportation and utility corridors across Federal lands, to 21 which all rights-of-way granted under this Act shall, to the 22 extent practical, be confined.

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GENERAL PROVISIONS

SEC. 5. (a) The Secretary shall specify the boundaries

25 of each right-of-way as precisely as is practical. Each right

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1 of-way granted, issued or renewed pursuant to this Act, shall 2 extend to the ground occupied by the facilities which the 3 Secretary determines to constitute the project or portions 4 of the project for which the right-of-way is given. The Sec5 retary by lease, license, or permit may authorize the use of 6 such additional lands. as he determines to be necessary for 7 the construction, operation, maintenance, or termination of 8 the project or a portion thereof, or for access thereto. 9 (b) The Secretary shall determine the duration of each 10 right-of-way or other authorization to be granted, issued, or 11 renewed pursuant to this Act, and shall also determine 12 whether the right-of-way shall confer exclusive or non13 exclusive use.

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(c) Rights-of-way granted, issued, or renewed pursuant to this Act shall be given under such regulations and subject 16 to such terms and conditions as the Secretary may prescribe 17 regarding extent, duration, application, charge, survey, loca18 tion, construction, operation, maintenance, and termination. 19 (d) The Secretary, prior to granting a right-of-way pur20 suant to this Act for a new project which may have a sig21 nificant impact on the environment, shall require the 22 applicant to submit a plan of construction, operation, and 23 rehabilitation which shall comply with regulations issued by 24 the Secretary. The Secretary shall issue regulations which 25 shall include, but shall not be limited to: (1) requirements

1

to insure that activities in connection with the right-of-way 2 will not violate applicable air and water quality standards; 3 and (2) requirements to control, prevent, and restore (A) 4 damage to the environment (including damage to fish and 5 wildlife habitat), (B) damage to public or private property, 6 and (C) hazards to public health and safety. Such regulations 7 shall be regularly revised. The issuance or revision of such 8 regulations shall be applicable to every right-of-way granted, 9 issued, or renewed pursuant to this Act, irrespective of 10 whether that right-of-way was granted, issued, or renewed 11 prior to the issuance or revision of such regulations.

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(e) Mineral and vegetative materials, including tim13 ber, within or without a right-of-way, may be used or dis14 posed of in connection with construction or other purposes 15 only if authorization to remove or use such materials has been 16 obtained pursuant to applicable laws.

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(f) No right-of-way shall be issued for less than the fair 18 market value thereof, except that rights-of-way may be 19 granted, issued or renewed to State or local governments or 20 agencies or instrumentalities thereof, or to nonprofit associa21 tions or nonprofit corporations which are not themselves con22 trolled or owned by profitmaking corporations or business 23 enterprises, for such lesser charge as the Secretary finds 24 equitable and in the public interest.

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(g) The holder of a right-of-way under this Act shall

1 (1) be liable to the United States for damage or injury in2 curred by the United States in connection with activities con3 ducted on the right-of-way; (2) be liable to third parties in 4 connection with activities conducted on the right-of-way; and 5 (3) shall indemnify or hold harmless the United States for 6 liabilities, damages or claims arising in connection with the 7 right-of-way.

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(h) Where he deems it appropriate, the Secretary may 9 require a holder of a right-of-way to furnish a bond, or other 10 security, satisfactory to the Secretary, to secure all or any 11 of the obligations imposed by the terms and conditions of the 12 right-of-way or by any rule or regulation of the Secretary. (i) The Secretary shall grant, issue, or renew a right-of14 way under this Act only when he is satisfied that the appli15 cant has the technical and financial capability to construct the 16 project for which the right-of-way is requested, and in accord 17 with the requirements of this Act.

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TERMS AND CONDITIONS

SEC. 6. Each right-of-way shall contain such terms and 20 conditions as the Secretary deems necessary to (a) carry 21 out the purposes of this Act and rules and regulations here22 under; (b) implement other Federal statutes and regula23 tions, particularly any which in any way affect the right-of24 way itself or the project for which the right-of-way is re25 quired; (c) protect the environment; (d) protect Federal