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ENERGY: LEGISLATION & LAWS, TRIBAL INTERESTS

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Pipeline safety safeguarding and securing pipelines from unauthorized access. Pipeline Information & FOIA: What Should Be Protected & How. USACE Omaha District: Regulatory Program. PHMSA TRIBAL ASSISTANCE PROTOCOL.

House Bill 1176 aka The Oil Bank

General Provisions and Non-Federal Oil and Gas Rights [Federal Register] Start PreambleStart Printed Page 77972 National Park Service, Interior. Final rule. We are updating our service-wide regulations governing the exercise of non-federal oil and gas rights, to improve our ability to protect park resources, values, and visitors from potential impacts associated with nonfederal oil and gas operations located within National Park Service units outside Alaska. The rule also makes the regulations consistent with existing policies and practices, and updates the format to improve clarity and simplify application and compliance for oil and gas operators and our employees. This rule is effective December 5, 2016. Start Further Info Edward O. End Further InfoEnd PreambleStart Supplemental Information Background Proposed Rule and Public Comment Period On October 26, 2015, the National Park Service (NPS) published the proposed rule in the Federal Register (80 FR 65572).

The NPS received 20 comment letters on the proposed rule during the comment period. 1978 Regulations 1. 2. EPA Region 8: Children’s Environmental Health in Mountain & Plains States. Choose from the resources below to learn about children’s environmental health hazards in Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming, and 27 Tribal Nations. EPA Region 8’s children’s health coordinator is Kim Bartels (bartels.kim@epa.gov) at (303) 312-6346. Mountain & Plains States Pediatric Environmental Health Specialty Unit: Exit Pediatric Environmental Health Specialty Units (PEHSUs) offer local health care providers and parents access to pediatric environmental health expertise. In Mountain and Plains States, the PEHSU is the Rocky Mountain Region Pediatric Environmental Health Specialty Unit Exit.

Water Resources and Environment | U.S. House of Representatives. The jurisdiction of the Subcommittee on Water Resources and Environment consists generally of matters relating to water resources development, conservation and management, water pollution control and water infrastructure, and hazardous waste cleanup. A number of agencies administer programs that address one or more of these issues; two agencies in particular, the Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA), oversee the larger programs of concern to the Subcommittee. Through its Civil Works Program, the Corps constructs projects for the purposes of navigation, flood control, beach erosion control and shoreline protection, hydroelectric power, recreation, water supply, environmental protection, restoration and enhancement, and fish and wildlife mitigation. EPA has the primary responsibility for carrying out the Federal Water Pollution Control Act, commonly known as the Clean Water Act.

Oil Pollution Act of 1990 (OPA) On March 24, 1989, the Exxon Valdez spilled over 11 million gallons of Alaskan crude into the water of Prince William Sound. There were many lessons learned the aftermath of the Valdez oil spill. Two of the most obvious were: The United States lacked adequate resources, particularly Federal funds, to respond to spills, and The scope of damages compensable under federal law to those impacted by a spill was fairly narrow. Although the environmental damage and massive cleanup efforts were the most visible effects of this casualty, one of the most important outcomes was the enactment of the Oil Pollution Act of 1990 (OPA), which addressed both these deficiencies. {back to top} OPA Overview The Oil Pollution Act of 1990 (33 U.S.C. 2701-2761) amended the Clean Water Act and addressed the wide range of problems associated with preventing, responding to, and paying for oil pollution incidents in navigable waters of the United States. Title I of OPA NPFC Created to Implement OPA, Title I.

The Oil Spill Liability Trust Fund (OSLTF) History of the Fund In August 1990, when President George H. W. Bush signed the Oil Pollution Act (OPA) into law and authorized use of the Oil Spill Liability Trust Fund (OSLTF), the Fund was already four years old. Congress created the Fund in 1986, but did not pass legislation to authorize the use of the money or the collection of revenue necessary for its maintenance. It was only after the Exxon Valdez grounding and the passage of OPA that authorization was granted. {back to top} Oil Pollution Act (OPA) In addition to authorizing use of the OSLTF, OPA consolidated the liability and compensation requirement of certain prior federal oil pollution laws and their supporting funds, including the: Federal Water Pollution Control Act (FWPCA), Deepwater Port Act, Trans-Alaska Pipeline System (TAPS) Authorization Act, and Outer Continental Shelf Lands Act.

Uses of the Fund With the consolidation of these funds and the collection of a tax on the petroleum industry, the Fund increased to $1 billion. CEI Agenda for Congress 2017 Environmental Protection on Public & Private Lands. Proposed 2017 Nationwide Permits. PHMSA: Partnerships in regulation. Federal / State Partnerships The U.S. Department of Transportation's (DOT) Pipeline and Hazardous Material Safety Administration (PHMSA), acting through its Office of Pipeline Safety (OPS), administers the national regulatory program to assure safe transportation of natural gas, petroleum, and other hazardous materials by pipeline.

The federal/state partnership is the cornerstone for assuring uniform implementation of the pipeline safety program nationwide. Legislative Authority Two statutes provide the framework for the federal pipeline safety program. The Natural Gas Pipeline Safety Act of 1968, as amended, (NGPSA) authorizes DOT to regulate pipeline transportation of natural (flammable, toxic, or corrosive) gas and other gases as well as the transportation and storage of liquefied natural gas (LNG). Legislative Authorities PIPES Act of 2006 Certification Agreement Interstate Agent Federal pipeline statutes provide for exclusive Federal authority to regulate interstate pipelines. Presidential Permits for Border Crossings. Under Executive Order 11423, as amended, August 16, 1968 (33 Fed. Reg. 11741), the Secretary of State has the authority to receive applications for and to issue Presidential permits for land border crossing facilities and states, in part, that “. . . the proper conduct of the foreign relations of the United States requires that executive permission be obtained for the construction and maintenance at the borders of the United States of facilities connecting the United States with a foreign country.”

This authority applies to all new border crossings and to all substantial modifications of existing crossings at the international border. Working with federal agencies such as the Department of Transportation, the General Services Administration, the Department of Homeland Security's Bureau of Customs and Border Protection, and the Environmental Protection Agency, the Department of State determines whether a proposed border crossing project is in the U.S. national interest.

Permit Applications for Cross-border Pipelines Transporting Liquids: Search.

ENERGY: TRIBAL INTERESTS

FY17 Appropriations Bills: National Nuclear Security Administration | American Institute of Physics. CEI Agenda for Congress 2017 PRO GROWTH Energy and Environment. EO 13337 | EXECUTIVE ORDER. EO 12866 | EXECUTIVE ORDER 12866. EO 13563 | EXECUTIVE ORDER 13563. EO 13272 | EXECUTIVE ORDER 13272. Reissuance & Modification of Nationwide Permits. NATIONWIDE PERMIT #12. GENERAL 404 PERMITS. NATIONWIDE PERMIT #18. NATIONWIDE PERMIT 31 GENERAL CONDITION, PRE-CONSTRUCTION PERMITS.

NationwidePermittingLinearProjectsPowerPoint. CLEAN WATER ACT. CLEAN POWER PLAN. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) Reclamation Funds Add Protection For Taxpayers - WORC. Reclamation funds are moneys set aside specifically to reclaim oil and gas drilling operations. Reclamation funds often pay to plug wells, restore the surface and land surrounding wells, fix roads and other infrastructure damaged in the operating process, and to repair other damages.

States may use several mechanisms to create or collect funds for reclamation. States such as California, Oregon, and South Dakota collect fees on operators and various other aspects of the oil and gas drilling process to supply their reclamation funds. Other states, like Wyoming and New Mexico, use a percentage of a tax on oil and gas production in the state to fund reclamation. Why Reclamation Funds Are Needed A state without an oil and gas reclamation fund is at risk, especially considering the current state of the oil and gas industry. As drilling companies go bankrupt at an increasing rate, states will need to reclaim more wells. The Need For A National Reclamation Fund. 05.09.16 Procedures to Address Threatened and Endangered Species and Historic Properties, ONG Minor NSR FIP. 05.2016 Regulatory Impact Analysis of Emission Standards + Oil, Natural Gas.

49 CFR Part 195 - Regulation of Hazardous Liquids (HL) Pipelines

ENERGY POLICY MODERNIZATION ACT. Energy Policy Act of 2003. FEDERAL POWER ACT. Federal Rules - APPROVAL AND PROMULGATION OF FEDERAL IMPLEMENTATION PLAN FOR OIL AND NATURAL GAS WELL PRODUCTION FACILITIES; FORT BERTHOLD INDIAN RESERVATION (MANDAN, HIDATSA AND ARIKARA NATION), NORTH DAKOTA; CORRECTION; FRL-9923-70-REGION 8 ( Federal Plan for Oil and Natural Gas Facilities; Fort Berthold Indian Reservation. ETHICS in GOVERNMENT ACT. A National Agenda for Tort Reform1995.

NATIONAL HISTORIC PRESERVATION ACT

KEYSTONE XL PIPELINE ACT. ONSHORE OIL & GAS ORDER. SPECTRUM PIPELINE ACT OF 2015. NATURAL GAS PIPELINE PERMITTING REFORM ACT. SUPERFUND ACT. PIPES ACT-PROTECTING INFRASTRUCTURE PIPELINES & ENHANCING SAFETY. HOMELAND SECURITY ACT OF 2002. THE HOMESTEAD ACT. RIGHT OF WAY (ROW) HOUSE BILL 1358. PUBLIC LAWS 102–575. 33 CFR Part 211. EQUITABLE COMPENSATION ACT. PUBLIC LAW 93–599. 2013 01655(2) 2013 01655(2) Nwp2017 proposed fedreg 01june2016. Section 106 Regulations Summary. Skip specific nav links Home Working with Section 106 Users Guide Section 106 Regulations Summary Section 106 Regulations Summary Introduction Initiate Section 106 process Identify historic properties Assess adverse effects Resolve adverse effects Implementation Failure to resolve adverse effects Tribes, Native Hawaiians, and the public Introduction Section 106 of the National Historic Preservation Act of 1966 (NHPA) requires Federal agencies to take into account the effects of their undertakings on historic properties, and afford the Advisory Council on Historic Preservation a reasonable opportunity to comment.

Initiate Section 106 process The responsible Federal agency first determines whether it has an undertaking that is a type of activity that could affect historic properties. Identify historic properties If questions arise about the eligibility of a given property, the agency may seek a formal determination of eligibility from the National Park Service. Assess adverse effects Implementation. CEI Agenda for Congress 2017 Environmental Protection on Public & Private Lands. U.S. Supreme Court: Policies and Perspectives on Video and Audio Coverage of Appellate Court Proceedings. What GAO Found The U.S. Supreme Court (the Court) posts audio recordings of oral arguments on its website at the end of each argument week, but does not provide video coverage of these arguments. In addition, starting in 2000, the Court began granting requests for access to audio recordings of oral arguments on the same day arguments are heard in selected cases.

As of October 4, 2015, the Court had received media requests for access to same-day audio recordings in 58 cases and had granted them in 26 cases. Other selected appellate courts have varying policies on video and audio coverage of oral arguments. Two of the 13 U.S. courts of appeals allow media video coverage of oral arguments. Stakeholders in selected courts stated that the benefits of video or audio coverage of oral arguments in their courts include educating the public on the judicial system, among others, but also expressed concerns with regard to how the media might use such coverage.

With regard to the U.S. The U.S. Shuster & Gibbs Lead House in Filing WOTUS Rule Amicus Brief & Call on Court to Block EPA Power Grab | U.S. House of Representatives. Transportation and Infrastructure Committee Chairman Bill Shuster (R-PA) and Water Resources and Environment Subcommittee Chairman Bob Gibbs (R-OH) joined Members of the U.S. House and Senate today in filing an amicus brief to the Sixth Circuit Court of Appeals, urging the Court to vacate the Administration’s final Waters of the United States (WOTUS) rule that significantly broadens federal regulatory power under the Clean Water Act.

Sixty-seven Members of Congress and 21 Senators signed the amicus brief filed today in support of 31 states and 12 municipal and industry petitioners in the case “In Re: Environmental Protection Agency and Department Of Defense, Final Rule: Clean Water Rule: Definition Of “Waters Of The United States.” “The Administration and an overzealous EPA steamrolled the rulemaking process in order to bring this preconceived and predetermined rule forward without regard to numerous, valid concerns from states, local authorities, and private citizens,” said Shuster. Federal Rules - AMENDMENT OF CLASS E AIRSPACE FOR THE FOLLOWING NORTH DAKOTA TOWNS; HARVEY, ND, AND ROLLA, ND; FAA-2016-3695 (184203) Industry Performance Statistics Illustrate Improvements in Pipeline Safety | Pipeline Law.

Criminal Plea Serves as a Reminder of Harsh Penalties for “Knowing and Willful” Pipeline Safety Violations | Pipeline Law. As a stark reminder of the availability of criminal sanctions for violations of federal pipeline safety regulations, a pipeline corrosion monitor has pleaded guilty to charges brought under the federal Pipeline Safety Act (49 U.S.C. 60101 et seq.) and faces up to 15 years in prison and $750,000 in fines. A United States Attorney in the Eastern District of Wisconsin filed a three-count information in November 2014 against Randy Jones, the onshore corrosion coordinator for a major pipeline company. On January 7, 2015, Jones pleaded guilty on all counts, namely that he failed to perform bi-monthly voltage readings and an annual cathodic protection survey, and that he falsified data submitted to PHMSA to reflect that these required readings and survey had taken place.

As recounted in the plea agreement, Jones was apparently aware in January 2011 that one of the rectifiers on the pipeline was not registering voltage, but he never arranged for repairs. PHMSA Issues Final Rule on Pipeline Damage Prevention Programs | Pipeline Law. PHMSA has recently issued a Final Rule establishing review criteria for state excavation damage programs, as well as a process for enforcing Federal excavation damage requirements in states with inadequate excavation damage prevention enforcement. The Final Rule will be published in tomorrow’s Federal Register and is effective January 1, 2016.The Final Rule establishes the following: Criteria and procedures for determining the adequacy of state pipeline excavation damage prevention programs;The administrative process PHMSA will using in making a determination of the adequacy of a state’s excavation damage program;Federal requirements PHMSA will enforce in states with inadequate excavation damage law enforcement programs; andThe adjudication process for administrative enforcement proceedings against excavators where Federal authority is exercised.

The Final Rule is the culmination of this required rulemaking proceeding. It creates a new 49 C.F.R. New Pipeline Construction Issues: U.S. Fish and Wildlife Service Considers Allowing Incidental Takes Under the Migratory Bird Treaty Act | Pipeline Law. Construction of new pipeline (especially gas) or other energy infrastructure often encounters issues arising from the Migratory Bird Treaty Act (MBTA or Act). The U.S. Fish and Wildlife Service (FWS or the Service) recently announced its intent to evaluate the potential environmental impacts of a proposal to authorize incidental takes of birds under the MBTA. Such evaluation is required under the National Environmental Policy Act (NEPA) for any proposed agency action with the potential to significantly affect the environment. The FWS proposes a multi-faceted approach to regulating the incidental take of migratory birds, including: FWS, Notice of Intent, 80 Fed. The MBTA was enacted in 1918 to prohibit hunting, killing and trading in migratory birds and parts, criminalizes the “taking” or “killing” of any migratory bird or any part, nest, or eggs of a migratory bird unless permitted to do so by FWS regulation. 16 U.S.C. §§ 703; 704.

Pipe Subject to Safety Regulations Until Formally Abandoned: PHMSA Advisory | Pipeline Law. PHMSA issued an advisory to operators regarding the applicability of its safety regulations to idled, inactive and abandoned pipe. Congress directed PHMSA to issue such an advisory in the recent PIPES Act of 2016, in response to several high profile incidents involving idled pipe.

While operators frequently refer to idled, decommissioned, mothballed and/or inactive pipe, PHMSA does not recognize those terms. In its advisory, the Agency explains that it considers pipelines to be either active and subject to all relevant safety regulations or abandoned (i.e. permanently removed from service). With respect to a pipeline that is “purged” of all combustibles but not yet formally abandoned, PHMSA confirms its current practice of accepting deferral of certain activities, including inline inspection, as long as deferred activities are completed prior to or as part of returning a pipeline to service. 04.22.16 Legislative Action on Transportation and Energy Bills | Pipeline Law. Oil, Gas, and Coal Law is Long Overdue Victory for Taxpayers. Court Deals Blow To New York AG’s Anti-Free Speech Campaign | Competitive Enterprise Institute. 01.03.2012 Pipeline Safety, Regulatory Certainty & Job Creation Act of 2011.

New Pipeline Construction Issues: U.S. Fish and Wildlife Service Considers Allowing Incidental Takes Under the Migratory Bird Treaty Act | Pipeline Law. 12.20.16... Records Governing Off-the-Record Communications [regulations.gov] Privacy Act of 1974; Notice To Establish an Exempt System of Records. NDAA Conferees Drop Harmful Secrecy Language from Final Bill. Bill to transfer certain land from Secretary of the Army, and for other purposes. (H.R. 6235) Form No. 6/6-Q - Annual/Quarterly Report of Oil Pipeline Companies. Mineral Royalties Hearing: Data Reliability is a Major Risk Factor.

Court Website Links | United States Courts. PHMSA - Pipeline Safety Act: Overview & Progress. PHMSA Custom Search: Rulemaking Decisions [newest to oldest] Search | ND Office of Management and Budget. SEARCH: NDIC. Form No. 6/6-Q - Annual/Quarterly Report of Oil Pipeline Companies.