Current through Register Vol. 43, No. 02, November 27, 2024
(1) Any person, firm or corporation desiring
a right-of-way for pipeline construction purposes across non-submerged
state-owned lands under the jurisdiction of the State Lands Division 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. A nonrefundable
$250.00 filing fee per right-of-way contract, or renewal thereof, made payable
to the Division of State Lands.
8.
A map showing the location of the proposed pipeline.
9. A cross-sectional drawing of the proposed
work showing depth of the proposed pipeline relative to existing ground
level.
10. 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.
(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 redetermined based on the provisions of
paragraph (2).
(2) The
consideration payable for each 10-year term of any right-of-way contract
granted or renewed pursuant to this regulation shall be the following:
(a) For pipelines less than 25 rods in
length, a fee of five hundred dollars ($500) per year; or
(b) For pipelines equal to or greater than 25
rods in length, the following rates per pipeline:
The greater of five hundred dollars ($500) per year or the
appraised fair market value of the non-submerged state lands involved as
determined by a licensed Alabama (M.A.I, certified) real estate appraiser
selected by the State Lands Director.
(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 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 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 profile of the adjacent natural land.
(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 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) The provisions of this
regulation, except the payment of consideration provided for in paragraph (2),
are applicable to the activities of a non-submerged lands mineral interest
holder of a state-owned leased tract on which a producing well is located as
well as to the activities of a non-submerged lands mineral interest holder on a
tract leased by the Commissioner in which the lease authorizes the lessee to
lay pipelines.
Author: Christopher M. Blankenship
Statutory Authority:
Code of Ala.
1975, §
9-2-12.
PENALTY: As provided by
law.