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Transpark Petroleum Product Pipelines—Legal Instruments

The NPS Geologic Resources Division developed this article as part of a series to summarize laws, regulations, and policies that specifically apply to NPS minerals and geologic resources. The table below does not include laws of general application (e.g., Endangered Species Act, Clean Water Act, Wilderness Act, National Environmental Policy Act, or National Historic Preservation Act). Also, the table does include the NPS Organic Act when it serves as the main authority for protection of a particular resource or when other, more specific laws are not available. Information is current as of December 2023. Contact the NPS Geologic Resources Division for detailed guidance.

Transpark Petroleum Product Pipelines

Resource-specific Laws

The Mineral Leasing Act, 30 USC § 181

et seq., and the Mineral Leasing Act for Acquired Lands, 30 USC § 351 et seq. Authorize new rights of way across some federal lands for pipelines, excluding NPS areas. The only parks with the legal authority to grant new rights of way for petroleum product pipelines are:

  • Natchez Trace Parkway (16 USC §460a);
  • Blue Ridge Parkway (16 USC §460a-8);
  • Great Smoky Mountains National Park (P.L. 107-223 – 16 U.S.C. §403 notes);
  • Klondike Gold Rush (16 USC §410bb(c) (limited authority for the White Pass Trail unit);
  • Gulf Islands National Seashore - enabling act authorizes rights-of-way for pipelines for oil and gas transported across the seashore from outside the unit (16 USC §459h-3);
  • Gateway National Recreation Area - enabling act authorizes rights-of-way for gas pipelines in connection with the development of methane gas owned by the City of New York within the unit (16 USC §460cc-2(i)).
  • Denali National Park – 2013 legislation allows for issuance of right-of-way permits for a natural gas pipeline within, along, or near the approximately 7-mile segment of the George Parks Highway that runs through the park (Public Law 113–33)

Resource-specific Regulations

36 CFR Part 14 Rights of Way

2006 Management Policies

Section 8.6.4

states that new rights of way through, under, and across NPS units may be issued only if there is specific statutory authority and there is no practicable alternative.

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Last updated: January 2, 2024