Current through Register Vol. 43, No. 02, November 27, 2024
(1) Any person, firm or corporation desiring
a right-of-way for submerged pipeline construction purposes across state-owned
water bottoms under the jurisdiction of the Department of Conservation and
Natural Resources shall make application to the Commissioner of Conservation
and Natural Resources by submitting a completely executed application on the
form provided by the State Lands Division. Any right-of-way granted hereunder
shall be on a non-exclusive basis.
(a) The
application shall include all of the following unless specifically waived by
the Commissioner:
1. The name, address, and
telephone number of the person, firm or corporation desiring the
right-of-way.
2. A description of
the size and purpose of the proposed pipeline, including product to be
transported or equipment to be contained therein.
3. An adequate description of the land
through which the pipeline is to be constructed.
4. A statement of the term for which the
subject right-of-way contract is desired.
5. The length, in rods, of the proposed
pipeline.
6. The width, in feet, of
the proposed right-of-way both during construction and after
construction.
7. The consideration
proposed to be paid for the use of the state lands in accordance with the rate
schedule hereinafter prescribed.
8.
A nonrefundable $250.00 filing fee per right-of-way contract, or renewal
thereof, made payable to the Division of State Lands.
9. A map showing the location of the proposed
pipeline. When applicable, the state tract number of submerged land or the name
of the river, stream, bay or other body of water must be shown.
10. A cross-sectional drawing of the proposed
work showing depth of the proposed pipeline relative to existing ground level,
mean low water and mean high water, or ordinary low water line for a riverbed
right-of-way.
11. Such additional
information as the Commissioner may deem necessary.
(b) There is no limit to the number of
parallel lines which may be included in a single right-of-way
contract.
(c) Upon receipt of all
necessary application information the Commissioner may grant, deny, or grant
with qualifications the requested right-of-way. The Commissioner may postpone a
decision on the application until 30 days after receipt of the Corps of
Engineers' public notice for the prescribed work.
(d) The term for all right-of-way contracts
executed pursuant to this regulation shall not exceed 10 years, with an option
to renew for additional terms, none of which shall exceed 10 years. The option
to renew shall be on the same terms and conditions as the original agreement
except that the consideration shall be adjusted to the rate in effect at the
time of the effective date of renewal.
(2) The consideration payable for each
10-year term of any right-of-way contract granted or renewed pursuant to this
regulation shall be as follows for each pipeline:
Class 1
Up to 12" (o.d.)
|
$24.00 per rod
|
Class 2
More than 12" and up to 24"(o.d.)
|
$36.00 per rod
|
Class 3
More than 24" and up to 3 6"(o.d.)
|
$48.00 per rod
|
Class 4
More than 36" (o.d.)
|
$60.00 per rod
|
Notwithstanding the above-stated fee schedule, there shall be a
minimum fee of five hundred dollars ($500.00) per year.
Effective January 1, 2001, and on January 1 each year
thereafter, the rates for each Class shall be adjusted on the basis of the
annual percentage increase or decrease of the Consumer Price Index for All
Urban Consumers (CPI-U), South Urban. All Items, (1982-84=100), for the one
year period for which the said Index is released in the immediately preceding
November.
(3) Any
right-of-way granted by the Commissioner will be subject to the rules contained
herein and will bind the grantee to comply with the following provisions:
To comply with all existing rules and with all existing and
future rules or orders which the Commissioner determines to be necessary and
proper in order to provide for the protection and conservation of the natural
resources of public lands and waters;
To indemnify the grantor against any and all liability for
damages to life, person, or property arising from the grantee's occupation and
use of the area covered by the interest granted;
That the granting of the right-of-way shall be subject to the
express condition that the rights granted will not unduly prevent or interfere
in any way with the management, administration of, or the granting, either
prior or subsequent thereto, of other rights by the Commissioner of any part of
the area included in the right-of-way; and To pay when due the consideration
herein prescribed.
(a) An applicant,
by accepting a right-of-way, further agrees and consents to comply with and be
bound by the following additional terms and conditions, excepting those which
the Commissioner may waive in a particular case:
1. To bury the pipeline below the bottom of
the gulf, bay, inlet, river or stream crossing at a depth of not less than 2 4
inches;
2. To water-pressure test
all lines before use to 1-1/2 times the anticipated working pressure;
3. To construct a steel line from new or
reconditioned pipe in first class condition;
4. To electrically test or x-ray any steel
field weld to insure reasonable safety from leaks;
5. To dope and treat in such manner any steel
line, before it is submerged, to offer reasonable resistance to the corrosive
effect of salt water, but it shall not be necessary to dope and treat the
portion of a steel line which is not submerged.
6. To bury a pipeline in such a manner so as
to evenly backfill the sand, gravel, soil, or other material excavated during
construction onto the disturbed area to conform as much as is reasonably
possible with the bottom profile of the adjacent natural submerged
land;
7. To undertake erosion
preventative measures at the shoreline by either terracing or excavating cuts,
fills, or other disturbed areas so that they naturally vegetate, seeding cuts
and fills as soon as possible to prevent erosion, or placing gravel, stone, or
rock in cuts or on fills where site factors make it unusually difficult to
establish a protective vegetative cover;
8. To select a right-of-way, when feasible,
which avoids shell reefs, submerged grass beds, and marshes; and
9. To avoid or minimize clearing of natural
vegetation from river or stream banks so that a screen of natural vegetation is
left in the right-of-way or when feasible to cross a river or stream via
existing bridges subject to safety restrictions or through an area already
cleared.
(b) The grantee
shall not construct or maintain any oil pipelines, gas pipelines, sulphur
pipelines, or other pipelines unless the same is specifically provided for in
the granting clause of the right-of-way contract; however, the grantee shall
have the right to replace said pipeline with a larger or smaller pipe, or pipe
of the same size, installed alongside the line to be replaced provided the line
being replaced is promptly removed upon completion of the replacement line; but
grantee may not build another pipeline alongside its first pipeline or at any
other location without a right-of-way contract authorizing same.
(4) An application for renewal of
an existing right-of-way shall be made using the State Lands Division contract
form, and shall adhere to the rules in effect at the time renewal is requested.
(a) The grantee shall apply to the
Commissioner in accordance with paragraph (1) of this regulation (relating to
Application), except that the location and cross-sectional drawings need not be
submitted unless specifically requested by the Commissioner. The application
should also include the right-of-way contract number and the date of expiration
of said contract.
(b) Assignment
may be made of any interest or rights granted in whole or in part subject to
the written approval of the Commissioner. Any such assignment must be filed in
triplicate accompanied by a written request for approval in which the assignee
agrees to comply with all rules and regulations contained herein and in the
contractual agreement. The application should also include the existing
contract number and the date of expiration of said contract. An assignment fee
of $250.00 payable to the Division of State Lands must accompany the
application for approval of an assignment. No assignment shall be effective to
transfer any rights until approved by the Commissioner, the grantee, and the
assignee.
(c) Failure to comply
with these rules subject the contract to termination by the Commissioner. Upon
termination of any contract which is not reinstated by the Commissioner, the
grantee shall, within 120 days from said termination, remove all of its
personal property and all structures and manmade improvements authorized in the
right-of-way contract, provided all monies due have been paid. The Commissioner
at his option, may permit the grantee to leave in place all or a portion of
grantee's personal property and any structures and manmade improvements
authorized in the right-of-way contract. The grantee shall take whatever
measures as necessary to restore the area involved as nearly as practicable to
the same condition that existed prior to placement of any structure thereon,
except as otherwise approved in writing by the Commissioner.
(5)
(a) The provisions of this regulation, except
the payment of consideration provided for in paragraph (2), are applicable to
the activities of a submerged lands mineral interest holder on a leased tract
on which a producing well is located as well as to the activities of a
submerged lands mineral interest holder on a tract leased by the Commissioner
in which the lease authorizes the lessee to lay pipelines.
(b) Upon application by a public governmental
agency or authority, the Commissioner may waive the payment of consideration
(but not the application fee).
(6) Notwithstanding any provision herein, in
the event the Commissioner determines, in his sole discretion, that the
location of a pipeline is so proximate to an inland area that an appraisal
would better represent the fair market value of the said pipeline location that
would the otherwise applicable fee schedule, the Commissioner shall base the
consideration upon the greater of (a) the otherwise applicable fee schedule or
(b) fifty percent (50%) of the appraised fair market value of the immediately
adjacent upland (the minimum width of the right-of-way shall be 50 feet) as
determined by a licensed Alabama (M.A.I, certified) real estate appraiser
selected by the State Lands Director.
Author: Christopher M. Blankenship
Statutory Authority:
Code of Ala.
1975, §
9-2-12.
PENALTY: As provided by
law.