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49 USC CHAPTER 603 - USER FEES 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE VIII - PIPELINES

CHAPTER 603 - USER FEES

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CHAPTER 603 - USER FEES

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Sec.

60301. User fees.

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49 USC Sec. 60301 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE VIII - PIPELINES

CHAPTER 603 - USER FEES

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Sec. 60301. User fees

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(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.

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

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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60301(a) 49 Apr. 7, 1986, Pub. L.

App.:1682a(a)(1), 99-272, Sec. 7005, 100 Stat.

(d) (words after 140.

"subsection (a) of

this section" and

before "shall be

sufficient").

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").

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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.

STUDY AND REPORT ON USER FEE ASSESSMENT FACTORS

Pub. L. 104-304, Sec. 17, Oct. 12, 1996, 110 Stat. 3803, provided

that:

"(a) In General. - Not later than 1 year after the date of the

enactment of this Act [Oct. 12, 1996], the Secretary of

Transportation shall transmit to the Congress a report analyzing

the present assessment of pipeline safety user fees solely on the

basis of mileage to determine whether -

"(1) that measure of the resources of the Department of

Transportation is the most appropriate measure of the resources

used by the Department of Transportation in the regulation of

pipeline transportation; or

"(2) another basis of assessment would be a more appropriate

measure of those resources.

"(b) Considerations. - In making the report, the Secretary shall

consider a wide range of assessment factors and suggestions and

comments from the public."

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6105, 6107, 60125, 60130

of this title.

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