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Tribal governments often assert jurisdictional authority over the on-Reservation portion of these pipelines.

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Most often, these rights-of-way are granted under the authority of the General Right-of-Way Act of 1948. Because of the nature of the business carried out by the members of INGAA, and the importance of that business to our country, the transportation activities and the operational functions of INGAA's members are subject to extensive oversight by FERC.įor those pipelines which pass through Indian reservations, INGAA's members are required by federal law to obtain from the United States grants of rights-of-way over those tracts of Indian land which lie within the pipeline route. The efficient and uninterrupted accomplishment of this transportation function is essential to both the economic well being of the United States and the physical well being of the vast majority of its citizens. The routes utilized by these pipeline companies were selected on the basis of engineering and environmental factors, and the natural gas pipelines located along these routes have been designed and constructed to effectively transport natural gas within the United States from areas of production to areas of use. As a consequence of the location of this land, a number of INGAA member pipeline companies have portions of their pipeline systems, and certain related pipeline facilities, located within the boundaries of Indian reservations. There are approximately 55 million acres of Indian land located within the United States. n2 Member companies operate approximately 200,000 miles of natural gas pipelines, together with related facilities, within the United States, and INGAA's members account for more than 90% of all natural gas transported and sold in interstate commerce within the United States. INGAA is a non-profit national trade association comprised primarily of interstate natural gas pipeline companies regulated by the Federal Energy Regulatory Commission ("FERC") pursuant to the Natural Gas Act ("NGA"). All parties have consented to the filing of this brief, and a joint letter evidencing their consent is on file with the Office of the Clerk of this Court. N1 Pursuant to Supreme Court Rule 37.6, amicus curiae states that no counsel for any party to this dispute authored this brief in whole or in part and no person or entity, other than amicus curiae and its members, made any monetary contribution to the preparation or submission of this brief. The Interstate Natural Gas Association of America ("INGAA") respectfully submits this brief in support of the Petitioner, Atkinson Trading Company, Inc., and its efforts to obtain a reversal of the Tenth Circuit Court of Appeals' decision in Atkinson Trading Company Inc. Attorneys for Amicus Curiae Interstate Natural Gas Association of America. WESTESEN, CROWLEY, HAUGHEY, HANSON, TOOLE & DIETRICH P.L.L.P., 490 North 31st Street, TW II, P. On Writ of Certiorari to the United States Court of Appeals for the Tenth Circuit.īRIEF OF AMICUS CURIAE INTERSTATE NATURAL GAS ASSOCIATION OF AMERICA IN SUPPORT OF PETITIONER

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BEGAY, EXECUTIVE DIRECTOR OF THE NAVAJO TAX COMMISSION, Respondents.

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WATCHMAN, AND ELROY DRAKE, MEMBERS OF THE NAVAJO TAX COMMISSION AND STEVEN C. Amicus Brief of Interstate Natural Gas Association of AmericaĪTKINSON TRADING COMPANY, INC., Petitioner, v.














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