42 U.S.C. § 15943 — Certain gathering lines located on Federal land and Indian land

submitted 5 years ago by Pub. L. 117-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 765 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines gathering lines, federal land, and Indian land for permitting purposes. It lets the Interior Secretary treat certain gathering-line rights-of-way as categorically excluded from full NEPA review if they meet listed conditions, while preserving tribal consent requirements.

(a) Definitions: (1)(A) "Federal land" means land the United States owns. (B) It does not include national park land, national wildlife refuge land, wilderness areas, wilderness study areas in national forests, or Indian land. (2)(A) A "gathering line and associated field compression or pumping unit" is a pipeline built to move oil, natural gas and related substances, or produced water from one or more oil or gas wells, plus any compressors or pumps needed to raise the pressure so it can flow into other pipelines. (B) This term also includes a pipeline or pump moving oil or gas from a processing plant to a common carrier pipeline. (C) It does not include a common carrier pipeline itself. (3) "Indian land" means land the United States holds in trust for a tribe or individual Indian, or land a tribe or individual Indian holds that the United States restricts from being sold. (4) "Produced water" is water that comes out of an oil or gas well, other than fluid brought to the site to treat the well or reservoir. (5) "Secretary" means the Secretary of the Interior. (b) Certain gathering lines: (1) The Secretary may treat issuing a sundry notice or right-of-way for a qualifying gathering line on federal or Indian land as categorically excluded from NEPA review if the gathering line: (A) is within a field or unit where an approved land-use plan or NEPA document already studied moving oil, gas, or produced water from wells there as a foreseeable activity; (B) sits next to or within an existing disturbed area or an existing right-of-way corridor; and (C) would reduce, for a line carrying methane, the amount of methane otherwise vented, flared, or leaked, or, for a line not carrying methane, the vehicle traffic that would otherwise serve the field. (2) For Indian land, this only applies to land where NEPA already applies and where the tribe with jurisdiction over that land asks the Secretary in writing to apply it. (c) Effect on other law: This section does not (1) change any requirement for prior tribal consent under section 324 of title 25, section 5123(e) of title 25 (the Indian Reorganization Act), section 306108 of title 54, or any other federal law about tribal consent for rights-of-way on Indian land; or (2) make NEPA apply to land it wouldn't otherwise cover.

the actual law source: uscode.house.gov ↗public domain

(a) Definitions

In this section:

(1) Federal land

(A) In general

The term “Federal land” means land the title to which is held by the United States.

(B) Exclusions

The term “Federal land” does not include—

(i)

a unit of the National Park System;

(ii)

a unit of the National Wildlife Refuge System;

(iii)

a component of the National Wilderness Preservation System;

(iv)

a wilderness study area within the National Forest System; or

(v)

Indian land.

(2) Gathering line and associated field compression or pumping unit

(A) In general

The term “gathering line and associated field compression or pumping unit” means—

(i)

a pipeline that is installed to transport oil, natural gas and related constituents, or produced water from 1 or more wells drilled and completed to produce oil or gas; and

(ii)

if necessary, 1 or more compressors or pumps to raise the pressure of the transported oil, natural gas and related constituents, or produced water to higher pressures necessary to enable the oil, natural gas and related constituents, or produced water to flow into pipelines and other facilities.

(B) Inclusions

The term “gathering line and associated field compression or pumping unit” includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility.

The term “gathering line and associated field compression or pumping unit” does not include a common carrier pipeline.

(3) Indian land

The term “Indian land” means land the title to which is held by—

(A)

the United States in trust for an Indian Tribe or an individual Indian; or

(B)

an Indian Tribe or an individual Indian subject to a restriction by the United States against alienation.

(4) Produced water

The term “produced water” means water produced from an oil or gas well bore that is not a fluid prepared at, or transported to, the well site to resolve a specific oil or gas well bore or reservoir condition.

(5) Secretary

The term “Secretary” means the Secretary of the Interior.

(b) Certain gathering lines

(1) In general

Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on November 15, 2021)) for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the gathering line and associated field compression or pumping unit—

(A)

are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) analyzed transportation of oil, natural gas, or produced water from 1 or more oil or gas wells in the field or unit as a reasonably foreseeable activity;

(B)

are located adjacent to or within—

(i)

any existing disturbed area; or

(ii)

an existing corridor for a right-of-way; and

(C)

would reduce—

(i)

in the case of a gathering line and associated field compression or pumping unit transporting methane, the total quantity of methane that would otherwise be vented, flared, or unintentionally emitted from the field or unit; or

(ii)

in the case of a gathering line and associated field compression or pumping unit not transporting methane, the vehicular traffic that would otherwise service the field or unit.

(2) Applicability

Paragraph (1) shall apply to Indian land, or a portion of Indian land—

(A)

to which the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applies; and

(B)

for which the Indian Tribe with jurisdiction over the Indian land submits to the Secretary a written request that paragraph (1) apply to that Indian land (or portion of Indian land).

Nothing in this section—

(1)

affects or alters any requirement—

(A)

relating to prior consent under—

(i)

section 324 of title 25; or

(ii)

section 5123(e) of title 25 (commonly known as the “Indian Reorganization Act” 1);

(B)

under section 306108 of title 54; or

(C)

under any other Federal law (including regulations) relating to Tribal consent for rights-of-way across Indian land; or

(2)

makes the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to land to which that Act otherwise would not apply.

Source credit: (Pub. L. 117–58, div. A, title I, § 11318, Nov. 15, 2021, 135 Stat. 543.)

history & why it existsrecord from the source credit

2021Enacted · Pub. L. 117-58 · 135 Stat. 543

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-58 on 2021-11-15.

all 0 arguments · sorted by: best

no arguments yet — make the first case