Coal Pipeline Act of 1983

Coal Pipeline Act of 1983 - Prohibits the United States or any other individual or entity from reserving, using, or claiming water in any State for a pipeline unless such action takes place pursuant to State law. Prohibits this Act from affecting the water rights of any Indian or Indian tribe. Prohibits a State from restricting the importation or movement through the State of water acquired within another State and within a coal pipeline.

Authorizes the Secretary of the Interior to grant or renew rights-of-way over, under, upon, or through any Federal lands for the construction, operation, maintenance, or extension of coal pipelines, if the person seeking the right-of-way has been issued a certification issued under provisions of this Act.

Prohibits granting a right-of-way over, under, upon, or through any Federal land which is part of an historic site or a unit of the national wildlife refuge system, unless there is no feasible alternative and planning is made to minimize damage to the site or refuge.

Requires a rights-of-way granted or renewed under this Act to be granted or renewed in accordance with the requirements of the Federal Land Policy and Management Act of 1976.

Prohibits the provisions of this Act from affecting an existing or pending right-of-way, except that if a certification has been issued, any renewal or extension may only be made pursuant to this Act.

Authorizes the Secretary to issue regulations necessary to carry out this Act.

Authorizes acquisition of rights-of-way with respect to private lands by eminent domain if there has been a certification, except with respect to historic sites unless there is no feasible alternative.

Permits a person who has, under applicable State law, filed and secured approval of a water permit, or obtained appropriate authority to use water, necessary to operate a pipeline or extension to apply to the Secretary and the Interstate Commerce Commission for issuance of a certificate to construct, operate, and maintain the pipeline or extension. Directs the Commission to make recommendations to the President concerning: (1) whether or not the applicant is willing and able to construct, operate, and maintain the proposed pipeline or extension; (2) whether or not the pipeline or extension is required for the public convenience and necessity; (3) the route of the pipeline or extension; (4) the capacity of the pipeline or extension; (5) any set aside for small and independent coal producers; and (6) any terms and conditions relating to the recommendations. Directs the Commission, in making a recommendation, to consider: (1) evidence of public support; (2) the effect of approval on existing carriers who object to issuance of the certificate; and (3) the applicant's planned use of minority employees and minority-owned enterprises in the pipeline project. Directs the Commission to recommend to the President that the applicant set aside and use for the transportation of coal from small and independent producers, the lesser of: (1) ten percent of the pipeline's capacity; or (2) that portion of pipeline capacity that satisfies the demands of the small and independent producers. Directs the Secretary to make recommendations to the President concerning: (1) whether or not the pipeline or extension is in the national interest; and (2) any terms and conditions relating to such recommendation. Directs the Secretary in making the recommendation to consider the extent to which a pipeline would: (1) help meet national needs; (2) enhance competition and provide new market outlets and opportunities; (3) contribute to national security; (4) affect the environment; and (5) have economic impact on any other common carrier.

Directs the Attorney General to conduct an antitrust review to determine the effects on competition of an application's approval. Prohibits approval of an application if the Attorney General determines that it would not be consistent with the antitrust laws.

Requires an application to be filed with the Secretary and the Commission, to be under oath, and to contain: (1) a plan for the construction, operation, maintenance, and routing of the pipeline or extension; (2) the proposed capacity of the pipeline or extension; (3) the size of the right-of-way necessary to construct, operate, and maintain the pipeline or extension; (4) such other information as the Secretary or the Commission may require; and (5) a certification by the applicant that a copy of the application has been served on interested persons and on the chief executive officer of each State through which the pipeline or extension passes. Requires each applicant for a certificate to reimburse the Secretary and the Commission for the administrative and other costs incurred by the Secretary and the Commission in processing the application.

Authorizes the President to order the Secretary and the Commission to issue a joint certificate authorizing the construction, operation, and maintenance or extension of a coal pipeline for which recommendations have been made by the Secretary and the Commission. Prohibits issuance of a certificate unless the President issues such an order. Authorizes the certificate to contain any terms and conditions recommended by the Commission, the Secretary, or the Attorney General. Provides that any recommendation of the Secretary or the Commission shall be considered a major Federal action for purposes of the National Environmental Policy Act of 1969.

Prohibits anything in this Act from preventing any person or governmental entity from using the power of eminent domain to acquire any portion of a right-of-way acquired under this Act in any case in which the use of the right-of-way by such person or entity is consistent with the operation and maintenance of the pipeline.

Requires pipelines: (1) to be underground to the maximum extent possible; and (2) to be installed in a manner which minimizes interference with agricultural drainage systems.

Authorizes the Attorney General, at the request of the Secretary or the Commission, to institute a civil action for a restraining order or injunction to enforce any provision of this Act. Sets forth civil and criminal penalties for violations of this Act.

Amends the Interstate Commerce Act to add a new subchapter relating to coal pipeline carriers. Permits any coal pipeline carrier to elect to use all or any part of the pipeline's capacity to provide coal pipeline transportation under contracts. Prohibits any carrier from unreasonably discriminating against any shipper ready, willing, and able to enter into a contract. Requires: (1) an election to be filed with the Commission; and (2) publication of a notice of intention to file such an election for at least four consecutive weeks in each county through which the pipeline passes or is proposed to pass. Permits a shipper, not later than 60 days after the filing of an election, to request a carrier to transport a specific volume of coal. Directs the Commission to determine the volume of coal which the carrier shall be obligated to transport. Permits a pipeline to enter into other contracts with shippers of coal to provide specific services under specified rates and conditions in any case in which a pipeline has satisfied its obligations, and in any case in which a prior contract expires.

Requires pipelines filing an election to enter into contracts to transport coal only as provided in this subchapter. Requires all such contracts: (1) to be filed with the Commission; and (2) to be approved by the Commission before becoming effective. Provides for the review of any contract on the motion of the Commission, a shipper, or a State agency which has ratemaking authority with respect to the sale of electric power.

Provides that any pipeline capacity not subject to an approved contract, an order of the Commission, or a set aside for small and independent producers shall be used to provide for the transportation of coal as a common carrier.

Sets forth definitions of terms used in the subchapter.

Directs the Secretary of Transportation to issue regulations establishing uniform Federal standards for the safe design, installation, inspection, construction, extension, operation, and maintenance of a coal pipeline or extension. Exempts existing pipelines and those under construction from such standards. Authorizes waivers of such standards if pipelines safety is not jeopardized. Sets forth civil and criminal penalties with respect to violations of such regulations.

Prohibits a purchaser, consumer, or user of coal (which is to be transported through a pipeline for which a certificate has been issued) from requiring a customer to pay a fee, surcharge, tariff, or other payment relating to the cost of construction of the pipeline at any time prior to the commencement of operation of the pipeline.

Requires all articles, materials, and supplies used in the construction and maintenance of a coal pipeline to be made in the United States from U.S. materials, subject to certain exception.

States that this Act shall not be construed to diminish, preempt, or modify the ratemaking authority of any State utility regulatory agency.