[104th Congress Public Law 304]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ304.104]
[[Page 110 STAT. 3793]]
Public Law 104-304
104th Congress
An Act
To reduce risk to public safety and the environment associated with
pipeline transportation of natural gas and hazardous liquids, and for
other purposes. <<NOTE: Oct. 12, 1996 - [S. 1505]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Accountable Pipeline Safety
and Partnership Act of 1996.>> assembled,
SECTION 1. SHORT <<NOTE: 49 USC 60101 note.>> TITLE.
This Act may be cited as the ``Accountable Pipeline Safety and
Partnership Act of 1996''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49, United States Code.
SEC. 3. DEFINITIONS.
(a) In General.--Section 60101(a) is amended--
(1) by striking the periods at the end of paragraphs (1)
through (22) and inserting semicolons;
(2) by striking paragraph (21)(B) and inserting the
following:
``(B) does not include the gathering of gas, other
than gathering through regulated gathering lines, in
those rural locations that are located outside the
limits of any incorporated or unincorporated city, town,
or village, or any other designated residential or
commercial area (including a subdivision, business,
shopping center, or community development) or any
similar populated area that the Secretary of
Transportation determines to be a nonrural area, except
that the term `transporting gas' includes the movement
of gas through regulated gathering lines;''; and
(3) by adding at the end the following:
``(23) `risk management' means the systematic application,
by the owner or operator of a pipeline facility, of management
policies, procedures, finite resources, and practices to the
tasks of identifying, analyzing, assessing, reducing, and
controlling risk in order to protect employees, the general
public, the environment, and pipeline facilities;
``(24) `risk management plan' means a management plan
utilized by a gas or hazardous liquid pipeline facility owner or
operator that encompasses risk management; and
``(25) `Secretary' means the Secretary of Transportation.''.
[[Page 110 STAT. 3794]]
(b) Gathering Lines.--Section 60101(b)(2) is amended by inserting
``, if appropriate,'' after ``Secretary'' the first place it appears.
SEC. 4. GENERAL AUTHORITY.
(a) Minimum Safety Standards.--Section 60102(a) is amended--
(1) by striking ``transporters of gas and hazardous liquid
and to'' in paragraph (1)(A);
(2) by striking paragraph (1)(C) and inserting the
following:
``(C) shall include a requirement that all
individuals who operate and maintain pipeline facilities
shall be qualified to operate and maintain the pipeline
facilities.''; and
(3) by striking paragraph (2) and inserting the following:
``(2) The qualifications applicable to an individual who
operates and maintains a pipeline facility shall address the
ability to recognize and react appropriately to abnormal
operating conditions that may indicate a dangerous situation or
a condition exceeding design limits. The operator of a pipeline
facility shall ensure that employees who operate and maintain
the facility are qualified to operate and maintain the pipeline
facilities.''.
(b) Practicability and Safety Needs Standards.--Section 60102(b) is
amended to read as follows:
``(b) Practicability and Safety Needs Standards.--
``(1) In general.--A standard prescribed under subsection
(a) shall be--
``(A) practicable; and
``(B) designed to meet the need for--
``(i) gas pipeline safety, or safely
transporting hazardous liquids, as appropriate;
and
``(ii) protecting the environment.
``(2) Factors for consideration.--When prescribing any
standard under this section or section 60101(b), 60103, 60108,
60109, 60110, or 60113, the Secretary shall consider--
``(A) relevant available--
``(i) gas pipeline safety information;
``(ii) hazardous liquid pipeline safety
information; and
``(iii) environmental information;
``(B) the appropriateness of the standard for the
particular type of pipeline transportation or facility;
``(C) the reasonableness of the standard;
``(D) based on a risk assessment, the reasonably
identifiable or estimated benefits expected to result
from implementation or compliance with the standard;
``(E) based on a risk assessment, the reasonably
identifiable or estimated costs expected to result from
implementation or compliance with the standard;
``(F) comments and information received from the
public; and
``(G) the comments and recommendations of the
Technical Pipeline Safety Standards Committee, the
Technical Hazardous Liquid Pipeline Safety Standards
Committee, or both, as appropriate.
[[Page 110 STAT. 3795]]
``(3) Risk assessment.--In conducting a risk assessment
referred to in subparagraphs (D) and (E) of paragraph (2), the
Secretary shall--
``(A) identify the regulatory and nonregulatory
options that the Secretary considered in prescribing a
proposed standard;
``(B) identify the costs and benefits associated
with the proposed standard;
``(C) include--
``(i) an explanation of the reasons for the
selection of the proposed standard in lieu of the
other options identified; and
``(ii) with respect to each of those other
options, a brief explanation of the reasons that
the Secretary did not select the option; and
``(D) identify technical data or other information
upon which the risk assessment information and proposed
standard is based.
``(4) Review.--
``(A) In general.--The Secretary shall--
``(i) submit any risk assessment information
prepared under paragraph (3) of this subsection to
the Technical Pipeline Safety Standards Committee,
the Technical Hazardous Liquid Pipeline Safety
Standards Committee, or both, as appropriate; and
``(ii) make that risk assessment information
available to the general public.
``(B) Peer review panels.--The committees referred
to in subparagraph (A) shall serve as peer review panels
to review risk assessment information prepared under
this section. <<NOTE: Reports.>> Not later than 90 days
after receiving risk assessment information for review
pursuant to subparagraph (A), each committee that
receives that risk assessment information shall prepare
and submit to the Secretary a report that includes--
``(i) an evaluation of the merit of the data
and methods used; and
``(ii) any recommended options relating to
that risk assessment information and the
associated standard that the committee determines
to be appropriate.
``(C) Review by secretary.--Not later than 90 days
after receiving a report submitted by a committee under
subparagraph (B), the Secretary--
``(i) shall review the report;
``(ii) shall provide a written response to the
committee that is the author of the report
concerning all significant peer review comments
and recommended alternatives contained in the
report; and
``(iii) may revise the risk assessment and the
proposed standard before promulgating the final
standard.
``(5) Secretarial <<NOTE: Standards.>> decisionmaking.--
Except where otherwise required by statute, the Secretary shall
propose or issue a standard under this Chapter only upon a
reasoned determination that the benefits of the intended
standard justify its costs.
``(6) Exceptions from application.--The requirements of
subparagraphs (D) and (E) of paragraph (2) do not apply when--
[[Page 110 STAT. 3796]]
``(A) the standard is the product of a negotiated
rulemaking, or other rulemaking including the adoption
of industry standards that receives no significant
adverse comment within 60 days of notice in the Federal
Register;
``(B) based on a recommendation (in which three-
fourths of the members voting concur) by the Technical
Pipeline Safety Standards Committee, the Technical
Hazardous Liquid Pipeline Safety Standards Committee, or
both, as applicable, the Secretary waives the
requirements; or
``(C) the Secretary finds, pursuant to section
553(b)(3)(B) of title 5, United States Code, that notice
and public procedure are not required.
``(7) Report.--Not later than March 31, 2000, the Secretary
shall transmit to the Congress a report that--
``(A) describes the implementation of the risk
assessment requirements of this section, including the
extent to which those requirements have affected
regulatory decisionmaking and pipeline safety; and
``(B) includes any recommendations that the
Secretary determines would make the risk assessment
process conducted pursuant to the requirements under
this chapter a more effective means of assessing the
benefits and costs associated with alternative
regulatory and nonregulatory options in prescribing
standards under the Federal pipeline safety regulatory
program under this chapter.''.
(c) Facility Operation Information Standards.--The first sentence of
section 60102(d) is amended--
(1) by inserting ``as required by the standards prescribed
under this chapter'' after ``operating the facility'';
(2) by striking ``to provide the information'' and inserting
``to make the information available''; and
(3) by inserting ``as determined by the Secretary'' after
``to the Secretary and an appropriate State official''.
(d) Pipe Inventory Standards.--The first sentence of section
60102(e) is amended--
(1) by striking ``and, to the extent the Secretary considers
necessary, an operator of a gathering line that is not a
regulated gather line (as defined under section 60101(b)(2) of
this title),''; and
(2) by striking ``transmission'' and inserting
``transportation''.
(e) Smart Pigs.--
(1) Minimum safety standards.--Section 60102(f) is amended
by striking paragraph (1) and inserting the following:
``(1) Minimum safety standards.--The Secretary shall
prescribe minimum safety standards requiring that--
``(A) the design and construction of new natural gas
transmission pipeline or hazardous liquid pipeline
facilities, and
``(B) when the replacement of existing natural gas
transmission pipeline or hazardous liquid pipeline
facilities or equipment is required, the replacement of
such existing facilities be carried out, to the extent
practicable, in a manner so as to accommodate the
passage through such natural gas transmission pipeline
or hazardous liquid pipeline facilities of instrumented
internal inspection devices
[[Page 110 STAT. 3797]]
(commonly referred to as `smart pigs'). The Secretary
may extend such standards to require existing natural
gas transmission pipeline or hazardous liquid pipeline
facilities, whose basic construction would accommodate
an instrumented internal inspection device to be
modified to permit the inspection of such facilities
with instrumented internal inspection devices.''.
(2) Periodic inspections.--Section 60102(f)(2) is amended--
(A) by striking ``(2) Not later than'' and
inserting the following:
``(2) Periodic inspections.--Not later than''; and
(B) by inserting ``, if necessary, additional''
after ``the Secretary shall prescribe''.
(f) Updating Standards.--Section 60102 is amended by adding at the
end the following:
``(l) Updating Standards.--The Secretary shall, to the extent
appropriate and practicable, update incorporated industry standards that
have been adopted as part of the Federal pipeline safety regulatory
program under this chapter.''.
(g) Mapping.--Section 60102(c) is amended by adding at the end
thereof the following:
``(4) Promoting public awareness.--
``(A) Not later than one year after the date of
enactment of the Accountable Pipeline Safety and
Accountability Act of 1996, and annually thereafter, the
owner or operator of each interstate gas pipeline
facility shall provide to the governing body of each
municipality in which the interstate gas pipeline
facility is located, a map identifying the location of
such facility.
``(B)(i) Not later than June 1, 1998, the Secretary
shall survey and assess the public education programs
under section 60116 and the public safety programs under
section 60102(c) and determine their effectiveness and
applicability as components of a model program. In
particular, the survey shall include the methods by
which operators notify residents of the location of the
facility and its right of way, public information
regarding existing One-Call programs, and appropriate
procedures to be followed by residents of affected
municipalities in the event of accidents involving
interstate gas pipeline facilities.
``(ii) Not later than one year after the survey and
assessment are completed, the Secretary shall institute
a rulemaking to determine the most effective public
safety and education program components and promulgate
if appropriate, standards implementing those components
on a nationwide basis. <<NOTE: Rulemaking. Reports.>> In
the event that the Secretary finds that promulgation of
such standards are not appropriate, the Secretary shall
report to Congress the reasons for that finding.''.
(h) Remote Control.--Section 60102(j) is amended by adding at the
end thereof the following:
``(3) Remotely controlled valves.--(A) Not later than June
1, 1998, the Secretary shall survey and assess the effectiveness
of remotely controlled valves to shut off the flow of natural
gas in the event of a rupture of an interstate natural gas
pipeline facility and shall make a determination about
[[Page 110 STAT. 3798]]
whether the use of remotely controlled valves is technically and
economically feasible and would reduce risks associated with a
rupture of an interstate natural gas pipeline facility.
``(B) <<NOTE: Standards.>> Not later than one year after the
survey and assessment are completed, if the Secretary has
determined that the use of remotely controlled valves is
technically and economically feasible and would reduce risks
associated with a rupture of an interstate natural gas pipeline
facility, the Secretary shall prescribe standards under which an
operator of an interstate natural gas pipeline facility must use
a remotely controlled valve. These standards shall include, but
not be limited to, requirements for high-density population
areas.''.
SEC. 5. RISK MANAGEMENT.
(a) In General.--Chapter 601 is amended by adding at the end the
following:
``Sec. 60126. Risk management
``(a) Risk Management Program Demonstration Projects.--
``(1) In general.--The Secretary shall establish risk
management demonstration projects--
``(A) to demonstrate, through the voluntary
participation by owners and operators of gas pipeline
facilities and hazardous liquid pipeline facilities, the
application of risk management; and
``(B) to evaluate the safety and cost-effectiveness
of the program.
``(2) Exemptions.--In carrying out a demonstration project
under this subsection, the Secretary, by order--
``(A) may exempt an owner or operator of the
pipeline facility covered under the project (referred to
in this subsection as a `covered pipeline facility'),
from the applicability of all or a portion of the
requirements under this chapter that would otherwise
apply to the covered pipeline facility; and
``(B) shall exempt, for the period of the project,
an owner or operator of the covered pipeline facility,
from the applicability of any new standard that the
Secretary promulgates under this chapter during the
period of that participation, with respect to the
covered facility.
``(b) Requirements.--In carrying out a demonstration project under
this section, the Secretary shall--
``(1) invite owners and operators of pipeline facilities to
submit risk management plans for timely approval by the
Secretary;
``(2) require, as a condition of approval, that a risk
management plan submitted under this subsection contain measures
that are designed to achieve an equivalent or greater overall
level of safety than would otherwise be achieved through
compliance with the standards contained in this chapter or
promulgated by the Secretary under this chapter;
``(3) provide for--
``(A) collaborative government and industry
training;
``(B) methods to measure the safety performance of
risk management plans;
``(C) the development and application of new
technologies;
[[Page 110 STAT. 3799]]
``(D) the promotion of community awareness
concerning how the overall level of safety will be
maintained or enhanced by the demonstration project;
``(E) the development of models that categorize the
risks inherent to each covered pipeline facility, taking
into consideration the location, volume, pressure, and
material transported or stored by that pipeline
facility;
``(F) the application of risk assessment and risk
management methodologies that are suitable to the
inherent risks that are determined to exist through the
use of models developed under subparagraph (E);
``(G) the development of project elements that are
necessary to ensure that--
``(i) the owners and operators that
participate in the demonstration project
demonstrate that they are effectively managing the
risks referred to in subparagraph (E); and
``(ii) the risk management plans carried out
under the demonstration project under this
subsection can be audited;
``(H) a process whereby an owner or operator of a
pipeline facility is able to terminate a risk management
plan or, with the approval of the Secretary, to amend,
modify, or otherwise adjust a risk management plan
referred to in paragraph (1) that has been approved by
the Secretary pursuant to that paragraph to respond to--
``(i) changed circumstances; or
``(ii) a determination by the Secretary that
the owner or operator is not achieving an overall
level of safety that is at least equivalent to the
level that would otherwise be achieved through
compliance with the standards contained in this
chapter or promulgated by the Secretary under this
chapter;
``(I) such other elements as the Secretary, with the
agreement of the owners and operators that participate
in the demonstration project under this section,
determines to further the purposes of this section; and
``(J) an opportunity for public comment in the
approval process; and
``(4) in selecting participants for the demonstration
project, take into consideration the past safety and regulatory
performance of each applicant who submits a risk management plan
pursuant to paragraph (1).
``(c) Emergencies and Revocations.--Nothing in this section
diminishes or modifies the Secretary's authority under this title to act
in case of an emergency. The Secretary may revoke any exemption granted
under this section for substantial noncompliance with the terms and
conditions of an approved risk management plan.
``(d) Participation by State Authority.--In carrying out this
section, the Secretary may provide for consultation by a State that has
in effect a certification under section 60105. To the extent that a
demonstration project comprises an intrastate natural gas pipeline or an
intrastate hazardous liquid pipeline facility, the Secretary may make an
agreement with the State agency to carry out the duties of the Secretary
for approval and administration of the project.
[[Page 110 STAT. 3800]]
``(e) Report.--Not later than March 31, 2000, the Secretary shall
transmit to the Congress a report on the results of the demonstration
projects carried out under this section that includes--
``(1) an evaluation of each such demonstration project,
including an evaluation of the performance of each participant
in that project with respect to safety and environmental
protection; and
``(2) recommendations concerning whether the applications of
risk management demonstrated under the demonstration project
should be incorporated into the Federal pipeline safety program
under this chapter on a permanent basis.''.
(f) Conforming Amendment.--The analysis for chapter 601 is amended
by adding at the end the following:
``60126. Risk management.''.
SEC. 6. INSPECTION AND MAINTENANCE.
Section 60108 is amended--
(1) by striking ``transporting gas or hazardous liquid or''
in subsection (a)(1) each place it appears;
(2) by striking the second sentence in subsection (b)(2);
(3) by striking ``Navigable Waters'' in the heading for
subsection (c) and inserting ``Other Waters''; and
(4) by striking clause (ii) of subsection (c)(2)(A) and
inserting the following:
``(ii) any other pipeline facility crossing
under, over, or through waters where a substantial
likelihood of commercial navigation exists, if the
Secretary decides that the location of the
facility in those waters could pose a hazard to
navigation or public safety.''.
SEC. 7. HIGH-DENSITY POPULATION AREAS AND ENVIRONMENTALLY
SENSITIVE AREAS.
(a) Identification.--Section 60109(a)(1)(B)(i) is amended by
striking ``a navigable waterway (as the Secretary defines by
regulation)'' and inserting ``waters where a substantial likelihood of
commercial navigation exists''.
(b) Unusually Sensitive Areas.--Section 60109(b) is amended to read
as follows:
``(b) Areas To Be Included as Unusually Sensitive.--When describing
areas that are unusually sensitive to environmental damage if there is a
hazardous liquid pipeline accident, the Secretary shall consider areas
where a pipeline rupture would likely cause permanent or long-term
environmental damage, including--
``(1) locations near pipeline rights-of-way that are
critical to drinking water, including intake locations for
community water systems and critical sole source aquifer
protection areas; and
``(2) locations near pipeline rights-of-way that have been
identified as critical wetlands, riverine or estuarine systems,
national parks, wilderness areas, wildlife preservation areas or
refuges, wild and scenic rivers, or critical habitat areas for
threatened and endangered species.''.
SEC. 8. EXCESS FLOW VALVES.
Section 60110 is amended--
(1) by inserting ``, if any,'' in the first sentence of
subsection (b)(1) after ``circumstances'';
[[Page 110 STAT. 3801]]
(2) by inserting ``, operating, and maintaining'' in
subsection (b)(4) after ``cost of installing'';
(3) by inserting ``, maintenance, and replacement'' in
subsection (c)(1)(C) after ``installation''; and
(4) by inserting after the first sentence in subsection (e)
the following: ``The Secretary may adopt industry accepted
performance standards in order to comply with the requirement
under the preceding sentence.''.
SEC. 9. CUSTOMER-OWNED NATURAL GAS SERVICE LINES.
Section 60113 is amended--
(1) by striking the caption of subsection (a); and
(2) by striking subsection (b).
SEC. 10. TECHNICAL SAFETY STANDARDS COMMITTEES.
(a) Peer Review.--Section 60115(a) is amended by adding at the end
the following: ``The committees referred to in the preceding sentence
shall serve as peer review committees for carrying out this chapter.
Peer reviews conducted by the committees shall be treated for purposes
of all Federal laws relating to risk assessment and peer review
(including laws that take effect after the date of the enactment of the
Accountable Pipeline Safety and Partnership Act of 1996) as meeting any
peer review requirements of such laws.''.
(b) Composition and Appointment.--Section 60115(b) is amended--
(1) by inserting ``or risk management principles'' in
paragraph (1) before the period at the end;
(2) by inserting ``or risk management principles'' in
paragraph (2) before the period at the end;
(3) by striking ``4'' in paragraph (3)(B) and inserting
``5'';
(4) by striking ``6'' in paragraph (3)(C) and inserting
``5'';
(5) by adding at the end of paragraph (4)(B) the following:
``At least 1 of the individuals selected for each committee
under paragraph (3)(B) shall have education, background, or
experience in risk assessment and cost-benefit analysis. The
Secretary shall consult with the national organizations
representing the owners and operators of pipeline facilities
before selecting individuals under paragraph (3)(B).''; and
(6) by inserting after the first sentence of paragraph
(4)(C) the following: ``At least 1 of the individuals selected
for each committee under paragraph (3)(C) shall have education,
background, or experience in risk assessment and cost-benefit
analysis.''.
(c) Committee Reports.--Section 60115(c) is amended--
(1) by inserting ``including the risk assessment information
and other analyses supporting each proposed standard'' before
the semicolon in paragraph (1)(A);
(2) by inserting ``including the risk assessment information
and other analyses supporting each proposed standard'' before
the period in paragraph (1)(B);
(3) by inserting ``and supporting analyses'' before the
first comma in the first sentence of paragraph (2);
(4) by inserting ``and submit to the Secretary'' in the
first sentence of paragraph (2) after ``prepare'';
(5) by inserting ``cost-effectiveness,'' in the first
sentence of paragraph (2) after ``reasonableness,''; and
[[Page 110 STAT. 3802]]
(6) by inserting ``and include in the report recommended
actions'' before the period at the end of the first sentence of
paragraph (2); and
(7) by inserting ``any recommended actions and'' in the
second sentence of paragraph (2) after ``including''.
(d) Meetings.--Section 60115(e) is amended by striking ``twice'' and
inserting ``up to 4 times''.
(e) Expenses.--Section 60115(f) is amended--
(1) by striking ``Pay and'' in the subsection heading;
(2) by striking the first 2 sentences; and
(3) by inserting ``of a committee under this section'' after
``A member''.
SEC. 11. PUBLIC EDUCATION PROGRAMS.
Section 60116 is amended--
(1) by striking ``person transporting gas'' and inserting
``owner or operator of a gas pipeline facility'';
(2) by inserting ``the use of a one-call notification system
prior to excavation,'' after ``educate the public on''; and
(3) by inserting a comma after ``gas leaks''.
SEC. 12. ADMINISTRATIVE.
Section 60117 is amended--
(1) by adding at the end of subsection (b) the following:
``The Secretary may require owners and operators of gathering
lines to provide the Secretary information pertinent to the
Secretary's ability to make a determination as to whether and to
what extent to regulate gathering lines.'';
(2) by adding at the end thereof the following:
``(k) Authority for Cooperative Agreements.--To carry out this
chapter, the Secretary may enter into grants, cooperative agreements,
and other transactions with any person, agency, or instrumentality of
the United States, any unit of State or local government, any
educational institution, or any other entity to further the objectives
of this chapter. The objectives of this chapter include the development,
improvement, and promotion of one-call damage prevention programs,
research, risk assessment, and mapping.''; and
(3) by striking ``transporting gas or hazardous liquid'' in
subsection (b) and inserting ``owning''.
SEC. 13. COMPLIANCE.
(a) Section 60118 (a) is amended--
(1) by striking ``transporting gas or hazardous liquid or''
in subsection (a); and
(2) by striking paragraph (1) and inserting the following:
``(1) comply with applicable safety standards prescribed
under this chapter, except as provided in this section or in
section 60126;''.
(b) Section 60118 (b) is amended to read as follows:
``(b) Compliance Orders.--The Secretary of Transportation may issue
orders directing compliance with this chapter, an order under section
60126, or a regulation prescribed under this chapter. An order shall
state clearly the action a person must take to comply.''.
(c) Section 60118(c) is amended by striking ``transporting gas or
hazardous liquid'' and inserting ``owning''.
[[Page 110 STAT. 3803]]
SEC. 14. DAMAGE REPORTING.
Section 60123(d)(2) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) a pipeline facility that does not report the
damage promptly to the operator of the pipeline facility
and to other appropriate authorities; or''.
SEC. 15. BIENNIAL REPORTS.
(a) Biennial Reports.--
(1) Section heading.--The section heading of section 60124
is amended to read as follows:
``Sec. 60124. Biennial reports''.
(2) Reports.--Section 60124(a) is amended by striking the
first sentence and inserting the following: ``Not later than
August 15, 1997, and every 2 years thereafter, the Secretary of
Transportation shall submit to Congress a report on carrying out
this chapter for the 2 immediately preceding calendar years for
gas and a report on carrying out this chapter for such period
for hazardous liquid.''.
(c) Conforming Amendment.--The analysis for chapter 601 is amended
by striking the item relating to section 60124 and inserting the
following:
``60124. Biennial reports.''.
SEC. 16. POPULATION ENCROACHMENT.
(a) In General.--Chapter 601, as amended by section 5, is further
amended by adding at the end the following new section:
``Sec. 60127. Population encroachment
``(a) Land <<NOTE: Inter- governmental relations.>> Use
Recommendations.--The Secretary of Transportation shall make available
to an appropriate official of each State, as determined by the
Secretary, the land use recommendations of the special report numbered
219 of the Transportation Research Board, entitled `Pipelines and Public
Safety'.
``(b) Evaluation.--The Secretary shall--
``(1) evaluate the recommendations in the report referred to
in subsection (a);
``(2) determine to what extent the recommendations are being
implemented;
``(3) consider ways to improve the implementation of the
recommendations; and
``(4) consider other initiatives to further improve
awareness of local planning and zoning entities regarding issues
involved with population encroachment in proximity to the
rights-of-way of any interstate gas pipeline facility or
interstate hazardous liquid pipeline facility.''.
(b) Conforming Amendment.--The analysis for chapter 601 is amended
by inserting after the item relating to section 60126 the following:
``60127. Population encroachment.''.
SEC. 17. <<NOTE: 49 USC 60301 note.>> USER FEES.
(a) In <<NOTE: Reports.>> General.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of Transportation shall
trans
[[Page 110 STAT. 3804]]
mit to the Congress a report analyzing the present assessment of
pipeline safety user fees solely on the basis of mileage to determine
whether--
(1) that measure of the resources of the Department of
Transportation is the most appropriate measure of the resources
used by the Department of Transportation in the regulation of
pipeline transportation; or
(2) another basis of assessment would be a more appropriate
measure of those resources.
(b) Considerations.--In making the report, the Secretary shall
consider a wide range of assessment factors and suggestions and comments
from the public.
SEC. 18. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.
(a) Amendment.--Chapter 601, as amended by section 16, is further
amended by adding at the end the following new section:
``Sec. 60128. Dumping within pipeline rights-of-way
``(a) Prohibition.--No person shall excavate for the purpose of
unauthorized disposal within the right-of-way of an interstate gas
pipeline facility or interstate hazardous liquid pipeline facility, or
any other limited area in the vicinity of any such interstate pipeline
facility established by the Secretary of Transportation, and dispose
solid waste therein.
``(b) Definition.--For purposes of this section, the term `solid
waste' has the meaning given that term in section 1004(27) of the Solid
Waste Disposal Act (42 U.S.C. 6903(27)).''.
(b) Conforming Amendments.--
(1) Cross-reference.--Section 60123(a) is amended by
striking ``or 60118(a)'' and inserting ``, 60118(a), or 60128''.
(2) Chapter analysis.--The analysis for chapter 601 is
amended by adding at the end the following new item:
``60128. Dumping within pipeline rights-of-way.''.
SEC. 19. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.
Section 60117(a) is amended by inserting after ``and training
activities'' the following: ``and promotional activities relating to
prevention of damage to pipeline facilities''.
SEC. 20. TECHNICAL CORRECTIONS.
(a) Section 60105.--The heading for section 60105 is amended by
inserting ``pipeline safety program'' after ``State''.
(b) Section 60106.--The heading for section 60106 is amended by
inserting ``pipeline safety'' after ``State''.
(c) Section 60107.--The heading for section 60107 is amended by
inserting ``pipeline safety'' after ``State''.
(d) Section 60114.--Section 60114 is amended--
(1) by striking ``60120, 60122, and 60123'' in subsection
(a)(9) and inserting ``60120 and 60122'';
(2) by striking subsections (b) and (d); and
(3) by redesignating subsections (c) and (e) as subsections
(b) and (d), respectively.
(e) Chapter Analysis.--The analysis for chapter 601 is amended--
(1) by inserting ``pipeline safety program'' in the item
relating to section 60105 after ``State'';
(2) by inserting ``pipeline safety'' in the item relating to
section 60106 after ``State''; and
[[Page 110 STAT. 3805]]
(3) by inserting ``pipeline safety'' in the item relating to
section 60107 after ``State''.
(f) Section 60101.--Section 60101(b) is amended by striking ``define
by regulation'' each place it appears and inserting ``prescribe
standards defining''.
(g) Section 60102.--Section 60102 is amended by striking
``regulations'' each place it appears in subsections (f)(2), (i), and
(j)(2) and inserting ``standards''.
(h) Section 60108.--Section 60108 is amended--
(1) by striking ``regulations'' in subsections (c)(2)(B),
(c)(4)(B), and (d)(3) and inserting ``standards''; and
(2) by striking ``require by regulation'' in subsection
(c)(4)(A) and inserting ``establish a standard''.
(i) Section 60109.--Section 60109(a) is amended by striking
``regulations'' and inserting ``standards''.
(j) Section 60110.--Section 60110 is amended by striking
``regulations'' in subsections (b), (c)(1), and (c)(2) and inserting
``standards''.
(k) Section 60113.--Section 60113(a) is amended by striking
``regulations'' and inserting ``standards''.
SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
(a) Gas and Hazardous Liquid.--Section 60125 is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Gas and Hazardous Liquid.--To carry out this chapter (except
for sections 60107 and 60114(b)) related to gas and hazardous liquid,
there are authorized to be appropriated to the Department of
Transportation--
``(1) $19,448,000 for fiscal year 1996;
``(2) $20,028,000 for fiscal year 1997, of which $14,600,000
is to be derived from user fees for fiscal year 1997 collected
under section 60301 of this title;
``(3) $20,729,000 for fiscal year 1998, of which $15,100,000
is to be derived from user fees for fiscal year 1998 collected
under section 60301 of this title;
``(4) $21,442,000 for fiscal year 1999, of which $15,700,000
is to be derived from user fees for fiscal year 1999 collected
under section 60301 of this title; and
``(5) $22,194,000 for fiscal year 2000, of which $16,300,000
is to be derived from user fees for fiscal year 2000 collected
under section 60301 of this title.''.
(b) State Grants.--Section 60125(c)(1) is amended by adding at the
end the following:
``(D) $12,000,000 for fiscal year 1996.
``(E) $14,000,000 for fiscal year 1997, of which $12,500,000
is to be derived from user fees for fiscal year 1997 collected
under section 60301 of this title.
``(F) $14,490,000 for fiscal year 1998, of which $12,900,000
is to be derived from user fees for fiscal year 1998 collected
under section 60301 of this title.
``(G) $15,000,000 for fiscal year 1999, of which $13,300,000
is to be derived from user fees for fiscal year 1999 collected
under section 60301 of this title.
``(H) $15,524,000 for fiscal year 2000, of which $13,700,000
is to be derived from user fees for fiscal year 2000 collected
under section 60301 of this title.''.
[[Page 110 STAT. 3806]]
Approved October 12, 1996.
LEGISLATIVE HISTORY--S. 1505 (H.R. 1323):
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HOUSE REPORTS: No. 104-110, Pt. 1 (Comm. on Transportation and
Infrastructure) and Pt. 2 (Comm. on Commerce), both accompanying H.R.
1323.
SENATE REPORTS: No. 104-334 (Comm. on Commerce, Science, and
Transportation.
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 19, 26, considered and passed Senate.
Sept. 27, considered and passed House.
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