Coal Slurry Pipeline Act

Summary

Coal Slurry Pipeline Act - Amends the Interstate Commerce Act to authorize common carriers of coal to acquire the power of eminent domain in U.S. district courts for the construction of any proposed coal pipelines when such carriers cannot acquire by negotiation the right-of-way required for such construction. Prohibits the use of eminent domain to acquire: (1) lands owned by the United States or by any State; (2) lands held in trust by the United States for an Indian or Indian tribe; or (3) any right to use or develop water. Stipulates that the power of eminent domain granted pursuant to this Act may be exercised only by a carrier holding a certificate of public convenience and necessity issued by the Interstate Commerce Commission. Authorizes the Commission to issue such a certificate if it finds that the project is in the national interest. Sets forth the factors that the Commission shall consider in making such a decision. Prohibits the transportation of coal by pipeline carriers where such coal was (1) mined or produced by or under the authority of the carrier; (2) owned in whole or in part by the carrier; or (3) is coal in which the carrier had any direct or indirect interest. Requires Interstate Commerce Commission approval of coal pipeline transfer, merger, and acquisition transactions. Prohibits the Commission from issuing certificates of public convenience without the advice of the Attorney General and the Federal Trade Commission that such action would not adversely affect competition, restrain trade, further monopolization, or otherwise create or maintain a situation in contravention of the antitrust laws. Authorizes the Attorney General, at the request of the Commission, to institute a civil action in U.S. district court for a restraining order or injunction to enforce any provision of this Act or any regulation issued under the authority of this Act. Imposes criminal penalties of up to $10,000 in fines and/or six months' imprisonment for knowing and willful violations of this Act. Requires that coal pipelines subject to this Act be buried underground if practicable. Directs the Secretary of Transportation to prescribe regulations as necessary to apply provisions of the Natural Gas Pipeline Safety Act of 1968 to coal pipeline facilities.

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1 official file

• Introduced in House

  summary · EN · 4 January 1977

  Open at official source

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