[Congressional Record Volume 142, Number 141 (Thursday, October 3, 1996)]
[Senate]
[Pages S12285-S12286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             ENVIRONMENTAL SENSITIVITY IN THE PIPELINE BILL

  Mr. LOTT. Mr. President, last Thursday, the Senate passed by 
unanimous consent S. 1505, the Accountable Pipeline Safety and 
Partnership Act. I'm

[[Page S12286]]

pleased that the following day, the House of Representatives also 
adopted the bill by a significant margin. The bill has now been sent to 
the President for his signature.
  Mr. President, in the hours leading up to House consideration of the 
bill, a concern was raised that a provision in the bill might impact 
wetlands protection.
  By way of background, let me say that under current law, the 
Department of Transportation [DOT] is required to identify unusually 
sensitive environmental areas. Once these areas have been identified, 
DOT is to promulgate special rules to minimize the chances of a liquid 
pipeline accident in these areas. DOT is currently in the process of 
implementing this provision of the law.
  In fact, current law does not identify wetlands as one of the areas 
DOT should look at when making its identification of these unusually 
sensitive environmental areas. That is why I and my fellow cosponsors 
attempted to remedy this situation through language in S. 1505. The 
bill directs DOT to include ``critical wetlands'' in its consideration.
  Apparently, the use of the term ``critical'' has raised a question in 
some parts of the environmental community as to whether we are 
attempting to create a new category of wetlands that might undermine 
other wetlands protection programs carried out by the Environmental 
Protection Agency or the Corps of Engineers. This is just not true.
  I want to assure first, the American people and second, the 
environmental community, that the language of S. 1505 is simply 
intended to give direction to the Department of Transportation, and its 
Office of Pipeline Safety.
  In no way are the words intended to have any precedent-setting effect 
on any other law or agency. In no way are the words designed to 
diminish the role of DOT to protect the environment and the public's 
safety in and around pipelines.
  Mr. President, I have recently spoken to all of my cosponsors of S. 
1505, and they too agree with what I have just said. They too share the 
same interpretation of the words and the intention of the legislation.
  This language will strengthen the pipeline safety program's 
protection of both the environment, and the public's safety.
  Mr. President, again I want to reiterate this language is not 
intended to have any impact outside the pipeline safety program. I 
believe the criticisms aimed at the use of the term ``critical 
wetlands'' are unjustified. I believe it is a false canard.
  Mr. President, I hope this statement clears up any administration 
misconception that may exist on this matter. And, I hope the President 
promptly signs this legislation.

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