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Pipeline Right Of Way Agreement for the United States

Pipeline Right Of Way Agreement Template for United States

A Pipeline Right of Way Agreement is a legal document used in the United States that grants permission to a pipeline company to construct, operate, and maintain a pipeline through specified property. This agreement establishes the rights and obligations of both the property owner and the pipeline operator, including compensation terms, maintenance responsibilities, and environmental requirements. It must comply with federal regulations, state-specific laws, and local ordinances governing pipeline operations and land use.

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What is a Pipeline Right Of Way Agreement?

The Pipeline Right of Way Agreement serves as a crucial legal instrument in the United States energy infrastructure development. This document is essential when a pipeline company needs to establish a permanent easement across private or public property for pipeline installation and maintenance. The agreement typically includes detailed specifications about the pipeline route, construction standards, compensation terms, and ongoing maintenance obligations. It must address various regulatory requirements at federal, state, and local levels, including environmental protection measures and safety standards. The agreement is particularly important for ensuring clear legal rights and responsibilities between property owners and pipeline operators, while also maintaining compliance with relevant regulations and industry standards.

What sections should be included in a Pipeline Right Of Way Agreement?

1. Parties: Identifies the grantor (landowner) and grantee (pipeline company)

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Easement: Specifies the rights being granted and the exact location/dimensions of the right of way

5. Consideration: Details the payment terms for the right of way

6. Term and Termination: Specifies duration of the agreement and conditions for termination

7. Construction and Maintenance: Outlines obligations regarding pipeline installation and maintenance

8. Insurance and Indemnification: Specifies insurance requirements and indemnification obligations

9. Compliance with Laws: Requirements to comply with applicable federal, state, and local laws

10. Assignment: Rights and restrictions regarding assignment of the agreement

11. Notices: Process for giving formal notices under the agreement

12. Governing Law: Specifies the jurisdiction and applicable law

What sections are optional to include in a Pipeline Right Of Way Agreement?

1. Environmental Provisions: Additional environmental protection measures when crossing environmentally sensitive areas

2. Indigenous Rights: Provisions relating to Native American rights when crossing tribal lands

3. Multiple Pipeline Provisions: Rights for additional pipeline installation when future expansion is anticipated

4. Surface Rights: Specific provisions regarding surface use and restoration when surface activities are significant

5. Mineral Rights Coordination: Provisions for coordination with mineral rights holders when mineral estates are involved

What schedules should be included in a Pipeline Right Of Way Agreement?

1. Schedule A - Property Description: Legal description of the affected property including metes and bounds

2. Schedule B - Route Map: Detailed map showing the pipeline route and right of way dimensions

3. Schedule C - Construction Standards: Technical specifications for pipeline installation and construction requirements

4. Schedule D - Compensation Schedule: Detailed breakdown of payment terms, calculations, and payment schedule

5. Schedule E - Environmental Impact Assessment: Documentation of environmental considerations and required mitigation measures

6. Schedule F - Insurance Requirements: Detailed insurance coverage requirements and minimum coverage amounts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Easement Agreement

Cost

Free to use
Clauses






























Industries

Natural Gas Act: Federal legislation governing the transportation and sale of natural gas in interstate commerce, particularly relevant if the pipeline will transport natural gas

Pipeline Safety Act: Federal law establishing safety standards for pipeline construction, operation, and maintenance

Clean Water Act: Federal environmental law governing water quality and wetlands protection that must be considered for pipeline crossings over water bodies

National Environmental Policy Act (NEPA): Federal law requiring environmental impact assessments for major infrastructure projects affecting federal lands or using federal funds

Endangered Species Act: Federal law protecting threatened and endangered species and their habitats that must be considered in pipeline routing

National Historic Preservation Act: Federal law protecting historical and archaeological sites that must be considered in pipeline routing and construction

FERC Regulations: Federal Energy Regulatory Commission rules governing interstate pipeline construction and operation

DOT Regulations: Department of Transportation requirements for pipeline safety and transportation

State Environmental Laws: State-specific environmental protection requirements that may be more stringent than federal regulations

State Utility Commission Regulations: State-specific rules governing utility operations and right-of-way agreements

State Property Laws: State-specific laws governing property rights, easements, and right-of-way agreements

State Pipeline Safety Regulations: State-specific safety requirements for pipeline construction and operation

Local Zoning Ordinances: County and municipal regulations governing land use and development

Tribal Laws: Native American tribal regulations that must be considered if the pipeline crosses tribal lands

BLM Regulations: Bureau of Land Management rules governing pipeline construction on federal lands

Forest Service Regulations: U.S. Forest Service requirements for pipeline construction through national forests

State Recording Requirements: State-specific requirements for recording right-of-way agreements and easements

API Standards: American Petroleum Institute technical standards for pipeline construction and operation

OSHA Requirements: Occupational Safety and Health Administration standards for worker safety during construction and maintenance

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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