Public Comment. Volume III - Montana Legislature

Crude Oil and Petroleum Products Pipeline
Construction
How Long Does it Take to Obtain Permission to
Build a Pipeline in Montana?
Governmental permitting and the MEPA -
environmental review - process, as well as right-ofway
acquisition, typically begin at least 2 years
prior to construction. The MEPA process takes at
least 1 year, and may take up to 5 years,
depending upon the identified issues and ,
alternatives.
Are Pipeline Construction Standards Different for
Private Lands than for Government Lands?
No. Pipelines are constructed according to strict
standards regulated by the U.S. Department of
Transportation OfFice of Pipeline Safety. The
construction standards apply equally to all portions
of the pipeline, regardless of whether it traverses
public land or private land.
The construction-related standards include
minimum burial depth, valve and pipe pressure
rating requirements, weld qualification and testing,
hydrostatic pressure testing requirements, cathodic
protection systerr~ requirements to prevent
corrosion, external coating requirements, pipe
bending specifications, and numerous inspection
requirements.
A great deal of attention is also applied to
reclamation standards to ensure the land is
returned to the previous use in a satisfactory
manner.
Should Montana's Eminent Domain Statutes be Modified with Regard to Crude Oil and Petroleum
Products Pipelines?
The Montana Petroleum Association does not believe that it would be in the best interest of the citizens of the
State of Montana, nor the citizens of the United States of America to make substantive changes to Montana's
eminent domain statutes. Changes made to the present eminent domain statutes could unduly burden
interstate commerce, and could even be inconsistent with interstate commerce laws.
Eminent domain ensures the vitality of our nations petroleum supply and distribution system. Without the
eminent domain procedures to obtain right-of-way, a single individual could deny thousands, or even millions
of people a safe, affordable, dependable, and environmentally superior mode of transportation for their
petroleum energy needs.
Montana's eminent domain statutes run very deep with history. The statutes are necessarily complex, and
there is a large body of case law interpreting them. A balanced, logical process is currently in place, which
allows rejection of a written offer, requires demonstration of necessity, and finally, provides for valuation of the
property by a commission. There may be opportunities to combine statutory provisions and "modernize" the
statutory language, but the functionality and intent of the statutes should not be changed.
Crude Oil and Petroleum Products Pipeline in Montana
March 2000
Prepared by the Montana Petroleum Association
-1 74- Volume Ill: Public Comment
Page 4