Acquisition of easements for defense fuel supply infrastructure

(a) Authority to acquire The Secretary of Defense is authorized to acquire, by purchase, donation, exchange, or condemnation, on behalf of the United States, such permanent easements over all lands along the route of the Santa Ynez Pipeline System, including all lands owned or otherwise held by the State of California or any agency, department, or instrumentality thereof, as the Secretary of Defense determines necessary to ensure continuous pipeline transportation of crude oil from the Santa Ynez Unit to domestic refineries supplying Department of Defense installations in the State of California. The acquisition of such easements is an authorized purpose for which the Secretary of Defense or the Secretary of a military department may exercise the land acquisition authorities of section 2663 of title 10, United States Code. Easements authorized to be acquired under this subsection include— (1) a permanent easement over the Gaviota Segment sufficient for the operation, maintenance, inspection, and repair of Lines CA-324 and CA-325; (2) a permanent easement over the State submerged lands traversed by the offshore pipeline segments of the Santa Ynez Pipeline System, sufficient for the operation, maintenance, inspection, and repair of such segments; and (3) such additional permanent easements over any other lands along the route of the Santa Ynez Pipeline System as the Secretary of Defense determines necessary for the continuous and unobstructed operation of such system. (b) Condemnation (1) In general In acquiring easements under subsection (a), the Secretary of Defense may institute condemnation proceedings in the United States district court for the district in which the property is located, pursuant to section 2663 of title 10, United States Code, and subchapter III of chapter 31 of title 40, United States Code. (2) Vital national security determination Congress finds that the acquisition of easements under subsection (a) is required to satisfy a requirement vital to the national security within the meaning of section 2663(g) of title 10, United States Code, and that delay in such acquisition would be detrimental to the national security. The Secretary of Defense may accordingly commence condemnation proceedings under subsection (a) in advance of the report otherwise required under section 2663(f) of title 10, United States Code, and shall submit such report not later than seven days after commencement of such proceedings. (3) State-owned land and state submerged lands The authority to acquire easements under subsection (a) includes authority to acquire easements over— (A) land owned or otherwise held by the State of California or any agency, department, or instrumentality thereof, including the California Department of Parks and Recreation; and (B) State submerged lands. (4) Inapplicability of State law The State of California may not assert sovereign immunity, its title under section 3 of the Submerged Lands Act, or any other provision of State law as a defense to, or limitation upon, any condemnation proceeding brought by the United States under this section. (5) Immediate possession and use Upon filing a declaration of taking pursuant to section 3114 of title 40, United States Code, and depositing with the court the estimated amount of just compensation, the United States shall be entitled to immediate possession of, and the right to enter upon and use, the easements sought to be acquired. The court may not condition such possession, or such right to enter upon and use, upon any State administrative approval, State permit, or State agency determination. (6) Expedited proceedings Any condemnation proceeding brought under this section shall be given priority on the docket of the court and shall be resolved on an expedited basis consistent with the national defense purposes of this section. (c) Just compensation The amount of just compensation payable to the State of California or any agency thereof shall be determined by the United States district court in which condemnation proceedings are brought, or by the United States Court of Federal Claims if the parties so elect. In determining just compensation for an easement over State submerged lands, the court shall account for the powers retained by the United States under section 6(a) of the Submerged Lands Act (43 U.S.C. 1314(a)), to which the State’s title is subject. (d) License to operator (1) In general Upon acquisition of any easement under subsection (a), the Secretary of Defense shall issue to the operator of the Santa Ynez Pipeline System a license authorizing such operator to use such easement for the operation, maintenance, inspection, and repair of the Santa Ynez Pipeline System for the purpose of transporting crude oil from the Santa Ynez Unit to domestic refineries supplying Department of Defense installations in the State of California. The Secretary shall include in any such license terms requiring compliance with all applicable Federal pipeline safety requirements under chapter 601 of title 49, United States Code. (2) Irrevocability (A) In general A license issued under paragraph (1) may not be revoked, suspended, modified, or terminated by the Secretary of Defense or any other officer or employee of the executive branch except— (i) by an Act of Congress that expressly references this section by name and subsection; or (ii) by the Secretary of Defense, following a final order of the Secretary of Transportation under chapter 601 of title 49, United States Code (or, if such order is challenged, a final judgment of a United States court of appeals sustaining such order), determining that the operator has committed a violation of Federal pipeline safety requirements under such chapter that creates an imminent hazard to public safety, and the operator has failed to cure such violation within a reasonable period after written notice and an opportunity to cure. (B) No State revocation No order, judgment, or determination of a court of the State of California or of any other State shall constitute a basis for revocation, suspension, modification, or termination of a license issued under paragraph (1). (C) Inapplicability of other actions No executive order, presidential directive, secretarial determination, or other administrative action shall otherwise operate to revoke, suspend, modify, or terminate a license issued under paragraph (1). (3) Transferability A license issued under paragraph (1) shall be transferable to any successor operator of the Santa Ynez Pipeline System without further action by the Secretary of Defense, provided that the successor operator is in compliance with all applicable Federal pipeline safety requirements under chapter 601 of title 49, United States Code. A successor operator that holds the authorizations required under such chapter 601 shall be deemed to be in compliance for purposes of this paragraph. (4) Continuity During the period in which a license issued under paragraph (1) is in effect, no permit, additional license, certification, or other authorization of a State or local government shall be required as a condition of the exercise of the rights granted by such issued license, to the extent that the requirement to obtain or maintain such permit, additional license, certification, or other authorization would have the effect, in practice, of halting or substantially delaying the use of such easement as described in paragraph (1). Nothing in this paragraph shall be construed to limit or affect any requirement of Federal law, any permit or authorization required under Federal law, or the authority of any Federal agency to issue, condition, enforce, or revoke the same. (e) Relationship to State law (1) Preemption Any State law, regulation, order, or other requirement that has the purpose or effect of preventing, conditioning, or delaying the Secretary of Defense from exercising the authority granted under this section, or that has the purpose or effect of preventing the operator of the Santa Ynez Pipeline System from utilizing any easement acquired by the United States under this section, is preempted. (2) No State permit required No authorization, lease, permit, or approval of the State of California or any agency thereof, including the California State Lands Commission and the California Department of Parks and Recreation, shall be required as a condition of the operation, maintenance, repair, or use of any segment of the Santa Ynez Pipeline System. (3) Pending litigation No State court order, injunction, or other judicial relief issued in any proceeding to which the United States is not a party shall operate to prevent the Secretary of Defense from exercising the authority granted under this section or to prevent the operator of the Santa Ynez Pipeline System from utilizing any easement acquired by the United States under this section. (f) Retained federal power over State submerged lands The grant of title to State submerged lands under section 3 of the Submerged Lands Act (43 U.S.C. 1311) is, and has at all times remained, subject to the powers retained by the United States under section 6(a) of that Act (43 U.S.C. 1314(a)) for the constitutional purposes of commerce, navigation, national defense, and international affairs. The acquisition of easements over State submerged lands under this section, and the operation of the offshore pipeline segments of the Santa Ynez Pipeline System extending through such lands, are exercises of those retained powers, and the State of California holds no title or interest in such submerged lands that is superior to, or that may impede, the exercise of those powers. (g) Recovery of costs The Secretary of Defense may, as a condition of any license issued under subsection (d), require the licensee to reimburse the United States for all or a portion of any costs incurred by the United States in acquiring easements under this section, including just compensation paid to any State or private party. Amounts received as reimbursement under this subsection shall be credited to the appropriation, fund, or account from which the costs were paid. (h) Definitions In this section: (1) The term Gaviota Segment means the approximately four-mile segment of the Las Flores Pipeline System traversing land administered by the California Department of Parks and Recreation within Gaviota State Park, Santa Barbara County, California. (2) The term Las Flores Pipeline System means the onshore pipeline comprising Lines CA-324 and CA-325 (previously designated as Lines 901 and 903), including all associated pipeline segments, pump stations, equipment, and appurtenant infrastructure extending from the Las Flores Canyon processing facilities in Santa Barbara County, California, to Pentland Station in Kern County, California. (3) The term Santa Ynez Pipeline System means the complete network of offshore and onshore pipelines and associated infrastructure used to transport crude oil and associated production from offshore platforms Harmony, Heritage, and Hondo to Pentland Station in Kern County, California, including— (A) the offshore pipeline segments extending from such platforms over the Outer Continental Shelf and over State submerged lands to the Las Flores Canyon processing facilities; and (B) the Las Flores Pipeline System. (4) The term Santa Ynez Unit means the Federal offshore oil and gas production unit operated pursuant to one or more leases granted under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) off the coast of Santa Barbara County, California, including offshore platforms Harmony, Heritage, and Hondo. (5) The term State submerged lands means the lands beneath navigable waters the title to which was conveyed to the State of California under section 3 of the Submerged Lands Act (43 U.S.C. 1311).