PUBLIC LAW 104–304—OCT. 12, 1996 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT 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.’’.

49 USC 60101

note.

Accountable

Pipeline Safety

and Partnership

Act of 1996.

Oct. 12, 1996

[S. 1505]
110 STAT. 3794 PUBLIC LAW 104–304—OCT. 12, 1996

(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.
PUBLIC LAW 104–304—OCT. 12, 1996 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. 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 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—

Standards.

Reports.
110 STAT. 3796 PUBLIC LAW 104–304—OCT. 12, 1996

‘‘(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 threefourths 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
PUBLIC LAW 104–304—OCT. 12, 1996 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. 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

Rulemaking.

Reports.
110 STAT. 3798 PUBLIC LAW 104–304—OCT. 12, 1996

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) 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:

‘‘§ 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;

Standards.
PUBLIC LAW 104–304—OCT. 12, 1996 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.
110 STAT. 3800 PUBLIC LAW 104–304—OCT. 12, 1996

‘‘(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’’;
PUBLIC LAW 104–304—OCT. 12, 1996 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
110 STAT. 3802 PUBLIC LAW 104–304—OCT. 12, 1996

(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’’.
PUBLIC LAW 104–304—OCT. 12, 1996 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:

‘‘§ 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:

‘‘§ 60127. Population encroachment

‘‘(a) LAND 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-ofway 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. USER FEES.

(a) IN GENERAL.—Not later than 1 year after the date of the

enactment of this Act, the Secretary of Transportation shall trans- Reports.

49 USC 60301

note.

Intergovernmental

relations.
110 STAT. 3804 PUBLIC LAW 104–304—OCT. 12, 1996

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:

‘‘§ 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
PUBLIC LAW 104–304—OCT. 12, 1996 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.’’.
110 STAT. 3806 PUBLIC LAW 104–304—OCT. 12, 1996

LEGISLATIVE HISTORY—S. 1505 (H.R. 1323):

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.

Æ

Approved October 12, 1996.