Coal Distribution and Utilization Act of 1982

(Reported to Senate from the Committee on Energy and Natural Resources with amendment, S. Rept. 528)

Coal Distribution and Utilization Act of 1982 - Directs the Secretary of Energy to determine whether the construction of a proposed interstate coal pipeline distribution system would be in the national interest. Directs the Secretary in making such determination to make findings concerning the extent to which the proposed distribution system: (1) would help meet national needs for coal distribution and utilizaton; (2) would enhance competition and provide new market outlets and opportunities for coal producers; (3) would contribute to national security; (4) would result in economic benefits; and (5) would affect the environment. Requires the Secretary before making such findings to provide an opportunity for written comment from any State in which a proposed system would be located or which would otherwise be affected by a system.

Directs the Attorney General to conduct an antitrust review to determine the likely effects upon competition of approval of the application. Declares that no application may be determined to be in the national interest if inconsistent with the antitrust laws.

Authorizes any individual proposing to build an interstate coal pipeline distribution system which has been determined to be in the national interest to acquire rights-of- way on private land by the power of eminent domain. Prohibits acquiring a right-of-way on any land: (1) which is part of an historic site; or (2) designated as a wilderness or wildlife refuge.

Permits an applicant to amend an application to request a right-of-way over an alternate route. Authorizes the Secretary to require the relocation of any right-of-way upon a showing that: (1) the relocation is necessary to enable the United States to fully realize the value of its mineral interest; (2) an alternate route is available; and (3) the relocation would not result in unreasonable expense.

Requires each application to list each instance where the proposed right-of-way crosses lands containing coal in which the United States has a mineral interest regarding the coal. Directs the Secretary of the Interior to evaluate the effects of approval of the application on the ability of the United States to realize the value of the mineral interest as a result of the application's approval. Directs the Secretary of the Interior to determine: (1) the terms and conditions necessary to minimize the impact of a right-of-way on the establishment of logical mining units; and (2) the extent to which alternate routes are available which would minimize the impact of granting the right-of-way on the ability of the Federal Government to realize the value of Federal coal.

Directs the Secretary of the Interior to establish the fair market value of the Federal coal precluded from being recovered as a result of the proposed right-of-way.

Prohibits the United States or its agents or any interstate coal pipeline distribution system from reserving, purchasing, using, diverting, or claiming water within any State for an interstate coal pipeline distribution system unless pursuant to and in compliance with applicable substantive and procedural State law.

Declares that the establishment and exercise of terms or conditions for water use for any interstate coal pipeline distribution system shall be determined pursuant to the law of the State granting the permit or authorization.

Provides that this Act shall not preempt any provision of State law or of an interstate compact governing the use of water.

Prohibits any interstate pipeline from using water to which a Federal right can be asserted, unless the use is authorized pursuant to State law.

Requires all articles, materials, and supplies used in the construction and maintenance of an interstate coal pipeline distribution system determined to be in the national interest to have been manufactured in the United Staes substantially from United States materials and supplies. Authorizes exemptions from such requirement.

Declares that nothing in this Act shall: (1) alter or in any way preempt the applicability of any State or local law unless such law would have the effect of prohibiting the location, construction, operation, or maintenance of an interstate coal pipeline distribution system; (2) be construed to require any forms of automatic pass through of, or preempt the ratemaking authority of any State utility or the Federal Energy Regulatory Commission with respect to, pipeline related costs; or (3) be construed to authorize the further regulation of interstate common carriers.