Page:United States Statutes at Large Volume 87.djvu/613

 87 STAT.]

PUBLIC LAW 9 3 - 1 5 3 - N O V. 16, 1973

581

"Common Carriers " (r)(1) Pipelines and related facilities authorized under this section shall be constructed, operated, and maintained as cormnon carriers. "(2)(A) The owners or operators of pipelines subject 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-Federal lands. " (B) I n the case of oil or gas produced from Federal 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 re'^iu'/ements^'^'"^ interested parties and a proper finding of facts, determine the proportionate amounts to be accepted, conveyed, transported or purchased. "(3)(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 regulatory 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 reserve and shall provide in every lease of oil lands under this Act that the lessee, assignee, or beneficiary, if owner or operator of a controlling interest in anj^ pipeline or of any company operating the pipeline which may be operated accessible to the oil derived from lands under such lease, shall at reasonable 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 Act. "(5) Whenever the Secretary has reason to believe that any owner /nt^r^t^at"°comor operator subject to this section is not operating any oil or gas merce commission, pipeline in complete accord with its obligations as a common commfssTotT^' carrier hereunder, he may request the Attorney General to prosecute united state's disan appropriate proceeding before the Interstate Commerce Commis- *"•=* '=°"''sion or Federal Power Commission 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 enforce such obligation or to impose any penalty provided therefor, or the Secretary may, by pi-oceeding as provided in this section, suspend or terminate the said grant of right-of-way for noncompliance with the provisions of this section. "(6) The Secretary or agency head shall require, prior to granting re^iwatr^ ""^i' or renewing a right-of-way, that the applicant submit and disclose all mental? '•^^""^' plans, contracts, 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 increasing 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 (C) minimum shipment or purchase tenders.

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