CHAPTER 603—USER FEES

        

Editorial Notes

Amendments

2020—Pub. L. 116–260, div. R, title I, §103(b), Dec. 27, 2020, 134 Stat. 2215, added item 60303.

2016—Pub. L. 114–183, §12(d)(2), June 22, 2016, 130 Stat. 524, added item 60302.

§60301. User fees

(a) Schedule of Fees.—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) Imposition and Time of Collection.—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) Means of Collection.—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) Use of Fees.—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) Limitations.—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.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1328.)

Historical and Revision Notes

Revised Section	Source (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.

§60302. User fees for underground natural gas storage facilities

(a) In General.—A fee shall be imposed on an entity operating an underground natural gas storage facility subject to section 60141. Any such fee imposed shall be collected before the end of the fiscal year to which it applies.

(b) Means of Collection.—The Secretary of Transportation 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.

(c) Use of Fees.—

(1) Account.—There is established an Underground Natural Gas Storage Facility Safety Account in the Pipeline Safety Fund established in the Treasury of the United States under section 60301.

(2) Use of fees.—A fee collected under this section—

(A) shall be deposited in the Underground Natural Gas Storage Facility Safety Account; and

(B) if the fee is related to an underground natural gas storage facility subject to section 60141, the amount of the fee may be used only for an activity related to underground natural gas storage facility safety.

(3) Limitation.—No fee may be collected under this section, except to the extent that the expenditure of such fee to pay the costs of an activity related to underground natural gas storage facility safety for which such fee is imposed is provided in advance in an appropriations Act.

(Added Pub. L. 114–183, §12(c), June 22, 2016, 130 Stat. 523.)

§60303. Fees for compliance reviews of liquefied natural gas facilities

(a) Imposition of Fee.—

(1) In general.—The Secretary of Transportation (referred to in this section as the "Secretary") shall impose on a person who files with the Federal Energy Regulatory Commission an application for a liquefied natural gas facility that has design and construction costs totaling not less than $2,500,000,000 a fee for the necessary expenses of a review, if any, that the Secretary conducts, in connection with that application, to determine compliance with subpart B of part 193 of title 49, Code of Federal Regulations (or successor regulations).

(2) Relation to other review.—The Secretary may not impose fees under paragraph (1) and section 60117(o) or 60301(b) for the same compliance review described in paragraph (1).

(b) Means of Collection.—

(1) In general.—The Secretary shall prescribe procedures to collect fees under this section.

(2) Use of government entities.—The Secretary may—

(A) use a department, agency, or instrumentality of the Federal Government or of a State or local government to collect fees under this section; and

(B) reimburse that department, agency, or instrumentality a reasonable amount for the services provided.

(c) Account.—There is established an account, to be known as the "Liquefied Natural Gas Siting Account", in the Pipeline Safety Fund established in the Treasury of the United States under section 60301.

(Added Pub. L. 116–260, div. R, title I, §103(a), Dec. 27, 2020, 134 Stat. 2215.)