49-U.S.C.-60301
§60301 – User Fees
Pathway
Title 49 > Subtitle VIII > Chapter 603 > Section 60301
Details
- Reference: Section 60301
- Legend: §60301 – User Fees
- USCode Year: 2013
Provision Content
(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.)
| 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.
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:
(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.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-60137 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-60137, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
49-U.S.C.-60126 in the Legal Encyclopedia: Pipelines
In this entry about 49-U.S.C.-60126, find legal reference material, bibliographies and premiere content related to pipelines in the American Encyclopedia of Law, presenting a comprehensive view of the United States pipelines-specific issues, written by authorities in the field.
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