Title 42, The Public Health and WelfareRelease 119-110

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

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER III — OIL AND GAS › Part C — Miscellaneous › § 15943

Last updated Sep 23, 2026|Official source

Summary

Allows the Secretary of the Interior to treat approvals for certain pipelines and their field compressors or pumps on Federal land or Indian land as a categorical exclusion under NEPA, using the definition in 40 CFR section 1508.1 as it existed on November 15, 2021. That can happen when the pipeline serves one or more oil or gas wells, is inside a field or unit already covered by an approved land use plan or NEPA document that expected oil, gas, or produced water transport, lies next to or inside an already disturbed area or an existing right-of-way corridor, and would cut methane releases if it carries methane or would cut vehicle trips if it does not. For Indian land, NEPA must already apply there and the tribe with jurisdiction must send a written request asking the Secretary to apply these rules. This does not change prior consent rules under section 324 of title 25, section 5123(e) of title 25, section 306108 of title 54, or any other federal law about tribal consent, and it does not make NEPA apply to land where it otherwise would not. Definitions in one line each: Federal land = land owned by the United States, but not national parks, national wildlife refuges, certain wilderness areas, wilderness study areas in national forests, or Indian land. Gathering line and associated field compression or pumping unit = a pipeline from one or more wells plus any needed compressors or pumps; includes lines from a processing plant to a common carrier but not the common carrier pipeline. Indian land = land held in trust for a tribe or individual or land owned by a tribe or individual that the U.S. restricts from sale. Produced water = water that comes out of a well and is not water brought in to fix a well problem. Secretary = Secretary of the Interior.

Full Legal Text

Title 42, §15943

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

(a)Definitions
In this section: (1) Federal land (2) Gathering line and associated field compression or pumping unit
(3)Indian land (4) Produced water
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.
(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)
(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)Effect on other law
Nothing in this section
(1)
(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.

Legislative History

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15943

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110