§15943 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Lets the Interior Secretary treat some approvals for gathering pipelines and their field compressors or pumps on Federal or Indian land as a "categorical exclusion" from full NEPA review (using the CFR definition in effect on November 15, 2021) if three things are true: the pipeline or unit is in a field or unit already covered by an approved land-use plan or NEPA document that said moving oil, gas, or produced water was reasonably expected; it sits in or next to an already disturbed area or an existing right-of-way corridor; and it would cut methane releases if it carries methane, or would reduce vehicle trips if it does not carry methane. For Indian land, this shortcut only applies where NEPA already applies and the tribe with jurisdiction sends a written request to the Secretary. Federal land = land owned by the United States (but not units of the National Park System, National Wildlife Refuge System, National Wilderness Preservation System, certain National Forest wilderness study areas, or Indian land). Gathering line and associated field compression or pumping unit = a pipeline that carries oil, gas, related fluids, or produced water from wells, plus any needed compressors or pumps; it also covers lines from a processing plant to a common carrier but does not include common carrier pipelines. Indian land = trust or restricted Indian land. Produced water = water that comes up from an oil or gas well, not water added to fix a well problem. Secretary = Secretary of the Interior. Nothing here changes tribal consent rules under Indian or other federal laws, and it does not make NEPA apply where it otherwise would not.

Title 42, §15943

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:

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

(B)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)(A)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)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.

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

(3)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)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)The term “Secretary” means the Secretary of the Interior.

(b)(1)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)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).

(c)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” 11 See References in Text note below.);

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsecs. (b)(1), (2)(A) and (c)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of this title and Tables. The Indian Reorganization Act, referred to in subsec. (c)(1)(A)(ii), is act June 18, 1934, ch. 576, 48 Stat. 984, which is classified generally to chapter 45 (§ 5101 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see

Short Title

note set out under section 5101 of Title 25 and Tables. Codification Section was enacted as part of the Surface Transportation Reauthorization Act of 2021, and also as part of the Infrastructure Investment and Jobs Act, and not as part of the Energy Policy Act of 2005 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an

Effective Date

of 2021 Amendment note under section 101 of Title 23, Highways.

§15943 Certain Gathering Lines Located on Federal Land and Indian Land

Summary

Title 42, §15943

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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