§60301 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must set a schedule of fees for all natural gas and hazardous liquid moved by pipelines covered by chapter 601. Fees must be based on how much the pipeline is used (for example by volume-miles, miles, revenues, or a mix). Every operator of a gas transmission, liquefied natural gas, or hazardous liquid pipeline facility covered by chapter 601 must pay the fee. The fee must be collected before the end of the fiscal year it covers. The Secretary will set collection rules and may hire another government office to collect and pay it a reasonable fee. Money from gas fees can only pay for gas-related work under chapter 601, and money from hazardous liquid fees can only pay for hazardous-liquid work under chapter 601. Funds can be spent only if an appropriation law provides them in advance. Fees must cover those costs, but the total collected in a fiscal year cannot exceed 105 percent of the appropriations for the activities paid for by the fees.

Title 49, §60301

Transportation — Source: USLM XML via OLRC

(a)The Secretary of Transportation shall prescribe a schedule of fees for all natural gas and hazardous liquids transported by pipelines subject to chapter 601 of this title. The fees shall be based on usage (in reasonable relationship to volume-miles, miles, revenues, or a combination of volume-miles, miles, and revenues) of the pipelines. The Secretary shall consider the allocation of resources of the Department of Transportation when establishing the schedule.

(b)A fee shall be imposed on each person operating a gas pipeline transmission facility, a liquefied natural gas pipeline facility, or a hazardous liquid pipeline facility to which chapter 601 of this title applies. The fee shall be collected before the end of the fiscal year to which it applies.

(c)The Secretary shall prescribe procedures to collect fees under this section. The Secretary may use a department, agency, or instrumentality of the United States Government or of a State or local government to collect the fee and may reimburse the department, agency, or instrumentality a reasonable amount for its services.

(d)A fee collected under this section—

(1)(A)related to a gas pipeline facility may be used only for an activity related to gas under chapter 601 of this title; and

(B)related to a hazardous liquid pipeline facility may be used only for an activity related to hazardous liquid under chapter 601 of this title; and

(2)may be used only to the extent provided in advance in an appropriation law.

(e)Fees prescribed under subsection (a) of this section shall be sufficient to pay for the costs of activities described in subsection (d) of this section. However, the total amount collected for a fiscal year may not be more than 105 percent of the total amount of the appropriations made for the fiscal year for activities to be financed by the fees.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 60301(a)49 App.:1682a(a)(1), (d) (words after “subsection (a) of this section” and before “shall be sufficient”).Apr. 7, 1986, Pub. L. 99–272, § 7005, 100 Stat. 140. 60301(b)49 App.:1682a(a)(3), (b). 60301(c)49 App.:1682a(a)(2). 60301(d)49 App.:1682a(c). 60301(e)49 App.:1682a(d) (less words after “subsection (a) of this section” and before “shall be sufficient”). In this section, the word “prescribe” is substituted for “establish” for consistency in the revised title and with other titles of the United States Code. In subsection (a), the words “(hereafter in this section referred to as the ‘Secretary’)” and “appropriate” are omitted as surplus. In subsection (b), the words “after September 30, 1985” are omitted as obsolete. The words “imposed on each person” are substituted for “assessed to the persons” for consistency in the revised title and with other titles of the Code. The words “the jurisdiction of” and “assess and” are omitted as surplus. In subsection (c), the words “the services of” are omitted as surplus. The words “department, agency, or instrumentality of the United States Government” are substituted for “Federal . . . agency or instrumentality” for consistency in the revised title and with other titles of the Code. In subsection (e), the words “by the Secretary” are omitted as surplus. The words “beginning on October 1, 1985” are omitted as executed.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of duties, powers, and authority of Research and Special Programs Administration under this chapter to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title. Study and Report on User Fee Assessment Factors Pub. L. 104–304, § 17, Oct. 12, 1996, 110 Stat. 3803, provided that, not later than 1 year after Oct. 12, 1996, the Secretary of Transportation, after considering a wide range of assessment factors and suggestions and comments from the public, would transmit to Congress a report assessing pipeline safety user fees solely on the basis of mileage to determine whether that measure of the resources of the Department of Transportation was the most appropriate measure of the resources used by the Department or another basis of assessment would be more appropriate.

§60301 User fees