[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2883.1-5]

[Page 286]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2880_RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT--Table of Contents
 
              Subpart 2883_Administration of Rights Granted
 
Sec. 2883.1-5  Common carriers.

    (a) Pipelines shall be constructed, operated, and maintained as 
common carriers. The owners or operators of pipelines shall accept, 
convey, transport, or purchase without discrimination all oil or gas 
delivered to the pipeline without regard to whether such oil or gas was 
produced on Federal or non-Federal lands. In the case of oil or gas 
produced from Federal lands or from the resources on the Federal lands 
in the vicinity of the pipeline, the Secretary may, after a full hearing 
with due notice thereof to interested parties and a proper finding of 
facts, determine the proportionate amounts to be accepted, conveyed, 
transported, or purchased.
    (b) The common carrier provisions of this section shall not apply to 
any natural gas pipeline operated by any person subject to regulation 
under the Natural Gas Act or by any public utility subject to regulation 
by a State or municipal regulatory agency having jurisdiction to 
regulate the rates and charges for the sale of natural gas to consumers 
within the State or municipality. Where natural gas not subject to State 
regulatory or conservation laws governing its purchase by pipeline 
companies is offered for sale, each pipeline company shall purchase, 
without discrimination, any such natural gas produced in the vicinity of 
the pipeline.
    (c) The authorized officer shall require, prior to issuing or 
renewing a right-of-way grant, that the applicant submit and disclose 
all plans, contracts, agreements, or other information or material which 
the authorized officer considers necessary to determine whether a right-
of-way grant shall be issued or renewed and the terms and conditions 
which should be included in the grant. Such information may include, but 
is not limited to:
    (1) Conditions for, and agreements among, owners or operators 
regarding the addition of pumping facilities, looping, or otherwise 
increasing the pipeline or terminal's throughput capacity in response to 
actual or anticipated increases in demand;
    (2) Conditions for adding or abandoning intake, offtake, or storage 
points or facilities; and
    (3) Minimum shipment or purchase tenders.