I

106TH CONGRESS

2D SESSION H. R. 5361

To amend title 49, United States Code, to require periodic inspections of

pipelines and improve the safety of our Nation’s pipeline system.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 3, 2000

Mr. OBERSTAR (for himself, Mr. DINGELL, Mr. INSLEE, Mr. UDALL of New

Mexico, Mr. PASCRELL, Mr. LEWIS of Georgia, Mr. PALLONE, Mr. SMITH

of Washington, and Mr. TIERNEY) introduced the following bill; which

was referred to the Committee on Transportation and Infrastructure, and

in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend title 49, United States Code, to require periodic

inspections of pipelines and improve the safety of our

Nation’s pipeline system.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49,

4 UNITED STATES CODE; TABLE OF CONTENTS.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Pipeline Safety Act of 2000’’.
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1 (b) AMENDMENT OF TITLE 49, UNITED STATES

2 CODE.—Except as otherwise expressly provided, whenever

3 in this Act an amendment or repeal is expressed in terms

4 of an amendment to, or a repeal of, a section or other

5 provision, the reference shall be considered to be made to

6 a section or other provision of title 49, United States

7 Code.

8 (c) TABLE OF CONTENTS.—

Sec. 1. Short title; amendment of title 49, United States Code; table of contents.

Sec. 2. State oversight role.

Sec. 3. Additional pipeline protections.

Sec. 4. Enforcement.

Sec. 5. Community right-to-know and emergency preparedness.

Sec. 6. Support for innovative technology development.

Sec. 7. Qualification of pipeline personnel.

Sec. 8. Population encroachment.

Sec. 9. Damage prevention.

Sec. 10. Improved data and data availability.

Sec. 11. Technical amendments.

Sec. 12. Pipeline facilities oversight and monitoring.

Sec. 13. Authorization of appropriations.

9 SEC. 2. STATE OVERSIGHT ROLE.

10 (a) STATE AGREEMENTS WITH CERTIFICATION.—

11 Section 60106 is amended—

12 (1) in the heading for subsection (a) by striking

13 ‘‘GENERAL AUTHORITY’’ and inserting ‘‘AGREE14 MENTS WITHOUT CERTIFICATION’’;

15 (2) by redesignating subsections (b), (c), and

16 (d) as subsections (c), (d), and (e), respectively; and

17 (3) by inserting after subsection (a) the fol18 lowing:
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1 ‘‘(b) AGREEMENTS WITH CERTIFICATION.—

2 ‘‘(1) IN GENERAL.—If the Secretary accepts a

3 certification under section 60105 from a State au4 thority and makes the determination required under

5 paragraph (2), the Secretary may make an agree6 ment with the State authority to develop a plan by

7 which the State authority has a role in the oversight

8 of interstate pipelines—

9 ‘‘(A) by participating in special investiga10 tions involving interstate pipeline incidents

11 within the boundaries of the State;

12 ‘‘(B) by participating in oversight of new

13 construction of interstate pipelines within such

14 boundaries;

15 ‘‘(C) by participating as an interstate

16 agent by carrying out inspection responsibilities

17 for interstate pipelines within such boundaries

18 to ensure compliance with Federal pipeline safe19 ty standards;

20 ‘‘(D) by providing written comments and

21 recommendations on interstate pipeline risk

22 analysis and integrity management programs

23 for interstate pipelines within such boundaries

24 pursuant to section 60109(c)(6); and
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1 ‘‘(E) by participating in any other activi2 ties relating to pipeline safety permissible under

3 this chapter on the day before the date of en4 actment of this subparagraph.

5 ‘‘(2) DETERMINATIONS REQUIRED.—The Sec6 retary may not enter into an agreement under this

7 subsection, unless the Secretary determines that—

8 ‘‘(A) the agreement is consistent with the

9 Secretary’s program for inspection and with the

10 safety policies and provisions of this chapter;

11 ‘‘(B) the agreement would not adversely

12 affect the oversight responsibilities of intrastate

13 pipeline transportation by the State authority;

14 ‘‘(C) the State is carrying out a program

15 demonstrated to promote preparedness and risk

16 prevention activities that enhance the safety of

17 communities from the risks of pipelines;

18 ‘‘(D) the State meets the minimum stand19 ards for State one-call notification set forth in

20 chapter 61; and

21 ‘‘(E) the actions planned under the agree22 ment would not adversely affect interstate com23 merce or public safety.

24 ‘‘(3) EXISTING AGREEMENTS.—Except as pro25 vided in subsection (e), an agreement between the
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1 Secretary and a State authority that is in effect on

2 the date of enactment of this paragraph shall remain

3 in effect until the Secretary determines that the

4 State meets the requirements for a determination

5 under paragraph (2).’’.

6 (b) ENDING AGREEMENTS.—Subsection (e) of sec7 tion 60106 (as redesignated by subsection (a)(2) of this

8 section) is amended to read as follows:

9 ‘‘(e) ENDING AGREEMENTS.—

10 ‘‘(1) PERMISSIVE TERMINATION.—The Sec11 retary may end an agreement under this section if

12 the Secretary finds that the State authority has not

13 complied with a provision of the agreement.

14 ‘‘(2) MANDATORY TERMINATION OF AGREE15 MENT.—Subject to paragraph (3), the Secretary

16 shall end an agreement for the oversight of inter17 state pipeline transportation if the Secretary finds

18 that—

19 ‘‘(A) implementation of the agreement has

20 adversely affected the oversight responsibilities

21 of intrastate pipeline transportation by the

22 State authority;

23 ‘‘(B) the State actions under the agree24 ment have failed to meet the requirements of

25 subsection (b); or
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1 ‘‘(C) continued participation by the State

2 authority in the oversight of interstate pipeline

3 transportation is not enhancing pipeline safety.

4 ‘‘(3) PROCEDURAL REQUIREMENTS.—

5 ‘‘(A) NOTICE AND OPPORTUNITY FOR

6 HEARING.—The Secretary shall provide a State

7 authority with notice and an opportunity for a

8 hearing before ending an agreement with the

9 State authority under this section.

10 ‘‘(B) PUBLICATION OF FINDING AND DECI11 SION IN FEDERAL REGISTER.—A finding and

12 decision of the Secretary to end an agreement

13 with a State authority under this section shall

14 be published in the Federal Register and may

15 not become effective for at least 15 days after

16 the date of such publication unless the Sec17 retary finds that continuation of the agreement

18 poses an imminent hazard to human health or

19 the environment.’’.

20 SEC. 3. ADDITIONAL PIPELINE PROTECTIONS.

21 (a) RISK ANALYSIS AND INTEGRITY MANAGEMENT

22 PROGRAMS.—Section 60109 is amended by adding at the

23 end the following:

24 ‘‘(c) RISK ANALYSIS AND INTEGRITY MANAGEMENT

25 PROGRAMS.—
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1 ‘‘(1) STANDARDS.—

2 ‘‘(A) GENERAL RULE.—Not later than 1

3 year after the date on which the Secretary pre4 scribes standards under subsection (a)(1), each

5 operator of a gas transmission or hazardous liq6 uid pipeline facility shall conduct an analysis of

7 the risks to each facility of the operator in an

8 area identified pursuant to subsection (a)(1)

9 and shall adopt and implement a written integ10 rity management program for such facility to

11 reduce the risks.

12 ‘‘(B) INTERIM COVERAGE FOR GAS PIPE13 LINE FACILITIES.—If the Secretary has not

14 prescribed standards under subsection (a)(1)(A)

15 for gas transmission facilities by May 1, 2002,

16 the requirements of this subsection requiring

17 operators of gas transmission facilities to adopt

18 and implement integrity management programs

19 shall apply, on an interim basis, to all gas

20 transmission facilities that affect populated

21 areas identified by the Secretary as high con22 sequence areas for hazardous liquid pipeline fa23 cilities until such standards for gas trans24 mission facilities are prescribed. An operator of

25 a gas transmission facility covered by this sub-
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1 paragraph may petition the Secretary to waive

2 the application of this paragraph to a gas

3 transmission facility under section 60118(c).

4 ‘‘(2) ELEMENTS OF INTEGRITY MANAGEMENT

5 PROGRAMS.—An integrity management program

6 adopted by an operator of a facility in an area iden7 tified pursuant to subsection (a)(1) shall include, at

8 a minimum, the following elements:

9 ‘‘(A) Subject to paragraph (3), periodic in10 spection of the facility, at intervals of not less

11 than once every 5 years, by internal inspection

12 device, pressure testing, direct assessment, or

13 an alternative method that the Secretary deter14 mines would provide an equal or greater level of

15 safety.

16 ‘‘(B) Clearly defined criteria for evaluating

17 the results of inspections conducted under sub18 paragraph (A) and for taking actions based on

19 such results.

20 ‘‘(C) A method for conducting an analysis

21 on a continuing basis that integrates all avail22 able information about the integrity of the facil23 ity and the consequences of releases from the

24 facility.
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1 ‘‘(D) A description of actions to be taken

2 by the operator to promptly address any integ3 rity issue raised by an evaluation conducted

4 under subparagraph (B) or the analysis con5 ducted under subparagraph (C).

6 ‘‘(E) A description of measures to prevent

7 and mitigate the consequences of releases from

8 the facility. In the case of a release of a haz9 ardous liquid, such measures shall be consistent

10 with the National Contingency Plan published

11 pursuant to section 311(d) of the Federal

12 Water Pollution Control Act (33 U.S.C.

13 1321(d)), including leak detection, integrity

14 evaluation, emergency flow restricting devices,

15 and other prevention, detection, and mitigation

16 measures that are appropriate for protection of

17 human health and the environment.

18 ‘‘(F) A method for considering the con19 sequences of a release of a hazardous liquid

20 from the facility, as appropriate.

21 ‘‘(G) A method for monitoring cathodic

22 protection systems throughout the pipeline sys23 tem of the operator.

24 ‘‘(H) If the Secretary raises a safety con25 cern relating to the facility, a description of the
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1 actions to be taken by the operator to address

2 the safety concern, including issues raised with

3 the Secretary by States and local authorities

4 under an agreement entered into under section

5 60106.

6 ‘‘(3) INSPECTION REQUIREMENTS.—

7 ‘‘(A) WAIVERS AND MODIFICATIONS.—In

8 accordance with section 60118(c), the Secretary

9 may waive or modify any requirement for in10 spection of a facility under paragraph (2)(A)

11 for reasons that may include the need to main12 tain local product supply or the lack of internal

13 inspection devices if the Secretary determines

14 that such waiver is not inconsistent with pipe15 line safety.

16 ‘‘(B) INSPECTIONS BY DIRECT ASSESS17 MENT.—The Secretary shall prescribe stand18 ards for inspection of a pipeline facility by di19 rect assessment.

20 ‘‘(C) INSPECTIONS BY INTERNAL INSPEC21 TION DEVICES.—After reviewing an integrity

22 management plan, the Secretary may require a

23 pipeline facility that is located in an area identi24 fied pursuant to subsection (a)(1) and that can
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1 accommodate an internal inspection device to be

2 inspected by such a device under section 60108.

3 ‘‘(4) CRITERIA FOR INTEGRITY PROGRAM

4 STANDARDS.—

5 ‘‘(A) FREQUENCY OF INSPECTIONS.—

6 ‘‘(i) CONSIDERATIONS.—In deter7 mining whether to require inspection of a

8 facility at more frequent intervals than the

9 minimum intervals required under para10 graph (2)(A), an operator shall take into

11 account, as appropriate, the following:

12 ‘‘(I) The potential for develop13 ment of new defects in the facility.

14 ‘‘(II) The operational characteris15 tics of the facility, including age, oper16 ating pressure, block valve location,

17 corrosion history, spill history, and

18 any known deficiencies in the method

19 of pipeline construction or installation.

20 ‘‘(III) The possible growth of

21 new and existing defects.

22 ‘‘(ii) OUTSIDE FORCE DAMAGE.—For

23 purposes of clause (i)(I), in considering the

24 potential for development of new defects in

25 a pipeline facility from damage by an out-
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1 side force, an operator shall consider infor2 mation available about current or planned

3 excavation activities and the effectiveness

4 of damage prevention programs in the

5 area.

6 ‘‘(iii) BASELINE INTEGRITY ASSESS7 MENT.—Not later than 5 years after the

8 date of enactment of this subsection, an

9 operator of a pipeline facility that is re10 quired to implement an integrity manage11 ment program under paragraph (1) shall

12 complete a baseline integrity assessment of

13 each of the operator’s facilities in areas

14 identified pursuant to subsection (a)(1).

15 ‘‘(B) MINIMUM LEVEL OF PROTECTION.—

16 An operator of a pipeline facility that is re17 quired to implement an integrity management

18 program under paragraph (1) shall—

19 ‘‘(i) adopt standards under this sub20 section that provide a minimum level of

21 protection for the operator’s facilities in

22 areas identified pursuant to subsection

23 (a)(1) that is at least equivalent to the ap24 plicable level of protection established by
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1 national consensus standards organiza2 tions; and

3 ‘‘(ii) implement pressure testing and

4 other integrity management techniques in

5 a manner that minimizes environmental or

6 safety risks, such as by use of water for

7 pressure testing.

8 ‘‘(5) ADDITIONAL STANDARDS.—

9 ‘‘(A) IN GENERAL.—The Secretary shall

10 prescribe standards to direct an operator’s con11 duct of a risk analysis and adoption and imple12 mentation of an integrity management program

13 under paragraph (1).

14 ‘‘(B) CONTENTS.—Standards prescribed

15 under subparagraph (A) shall address each of

16 the following factors:

17 ‘‘(i) The type or frequency of inspec18 tions or testing of pipeline facilities, in ad19 dition to the minimum requirements of

20 paragraph (2)(A).

21 ‘‘(ii) The manner in which the inspec22 tions or testing are conducted.

23 ‘‘(iii) The criteria used in analyzing

24 results of the inspections or testing.
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1 ‘‘(iv) The types of information sources

2 that must be integrated in assessing the

3 integrity of a pipeline facility as well as the

4 manner of integration.

5 ‘‘(v) The nature and timing of actions

6 selected to address the integrity of a pipe7 line facility.

8 ‘‘(vi) Such other factors as the Sec9 retary determines appropriate to ensure

10 that the integrity of a pipeline facility is

11 addressed and that appropriate mitigative

12 measures are adopted to protect areas

13 identified under subsection (a)(1).

14 ‘‘(C) SYSTEMS TO MONITOR PRESSURE

15 AND DETECT LEAKS; USE OF EMERGENCY

16 FLOW RESTRICTING DEVICES.—The Secretary

17 may also prescribe standards requiring an oper18 ator of a pipeline facility to include in an integ19 rity management program under paragraph

20 (1)—

21 ‘‘(i) changes to valves or the establish22 ment or modification of systems that mon23 itor pressure and detect leaks based on the

24 operator’s risk analysis; and
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1 ‘‘(ii) the use of emergency flow re2 stricting devices.

3 ‘‘(D) INACTION BY THE SECRETARY.—The

4 responsibility of an operator of a pipeline facil5 ity to conduct a risk analysis or adopt or imple6 ment an integrity management program under

7 paragraph (1) shall not be affected by any fail8 ure of the Secretary to prescribe standards

9 under this paragraph.

10 ‘‘(6) REVIEW OF INTEGRITY MANAGEMENT

11 PROGRAMS.—

12 ‘‘(A) REVIEW OF PROGRAMS.—

13 ‘‘(i) IN GENERAL.—The Secretary

14 shall review a risk analysis and integrity

15 management program under paragraph (1)

16 and record the results of that review for

17 use in the next review of an operator’s pro18 gram.

19 ‘‘(ii) CONTEXT OF REVIEW.—The Sec20 retary may conduct a review under clause

21 (i) as an element of the Secretary’s inspec22 tion of an operator.

23 ‘‘(iii) INADEQUATE PROGRAMS.—If

24 the Secretary determines that a risk anal25 ysis or integrity management program is
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1 inadequate for the safe operation of a pipe2 line facility, the Secretary shall act under

3 section 60108(a)(2) to require the operator

4 to revise the risk analysis or integrity man5 agement program.

6 ‘‘(B) AMENDMENTS TO PROGRAMS.—In

7 order to facilitate reviews under this paragraph,

8 an operator of a pipeline facility shall notify the

9 Secretary of any amendment made to the oper10 ator’s integrity management program not later

11 than 30 days after the date of adoption of the

12 amendment.

13 ‘‘(C) TRANSMITTAL OF PROGRAMS TO

14 STATE AUTHORITIES.—The Secretary shall pro15 vide a copy of a risk analysis and integrity

16 management program reviewed by the Secretary

17 under this paragraph to any appropriate State

18 authority with which the Secretary has entered

19 into an agreement under section 60106.

20 ‘‘(7) STATE REVIEW OF INTEGRITY MANAGE21 MENT PLANS.—A State authority that enters into an

22 agreement pursuant to section 60106, permitting the

23 State authority to review the risk analysis and writ24 ten program for integrity management pursuant to

25 paragraph (6), may provide the Secretary with a
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1 written assessment of the risk analysis and integrity

2 management program, make recommendations, as

3 appropriate, to address safety concerns not ade4 quately addressed by the operator’s risk analysis or

5 integrity management program, and submit docu6 mentation explaining the State-proposed revisions.

7 The Secretary shall carefully consider the State’s

8 proposals and work in consultation with the States

9 and operators to address safety concerns.

10 ‘‘(8) APPLICATION OF STANDARDS.—Section

11 60104(b) shall not apply to this section.’’.

12 (b) INTEGRITY MANAGEMENT REGULATIONS.—Sec13 tion 60109 is further amended by adding at the end the

14 following:

15 ‘‘(d) INTEGRITY MANAGEMENT REGULATIONS.—Not

16 later than 3 years after the date of enactment of this sub17 section, the Secretary shall—

18 ‘‘(1) complete an assessment and evaluation of

19 the effects on public safety and the environment of

20 the requirements for the implementation of integrity

21 management programs contained in the standards

22 prescribed under subsection (c)(5); and

23 ‘‘(2) make a determination as to the benefits to

24 public safety and the environment of extending such

25 requirements to additional areas.’’.
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1 (d) CONFORMING AMENDMENT.—Section 60118(a)

2 is amended—

3 (1) by striking ‘‘and’’ at the end of paragraph

4 (2);

5 (2) by striking the period at the end of para6 graph (3) and inserting ‘‘; and’’; and

7 (3) by adding at the end the following:

8 ‘‘(4) conduct a risk analysis, and adopt and im9 plement an integrity management program, for pipe10 line facilities as required under section 60109(c).’’.

11 SEC. 4. ENFORCEMENT.

12 (a) PIPELINE FACILITIES HAZARDOUS TO LIFE AND

13 PROPERTY.—

14 (1) GENERAL AUTHORITY.—Section 60112(a)

15 is amended to read as follows:

16 ‘‘(a) GENERAL AUTHORITY.—After notice and an op17 portunity for a hearing, the Secretary of Transportation

18 may determine that a pipeline facility is hazardous if the

19 Secretary determines that—

20 ‘‘(1) operation of the facility is or would be haz21 ardous to life, property, or the environment; or

22 ‘‘(2) the facility is or would be constructed or

23 operated, or a component of the facility is or would

24 be constructed or operated, with equipment, mate-
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1 rial, or a technique that the Secretary decides is

2 hazardous to life, property, or the environment.’’.

3 (2) CORRECTIVE ACTION ORDERS.—Section

4 60112(d) is amended by striking ‘‘is hazardous’’ and

5 inserting ‘‘is or would be hazardous’’.

6 (b) CIVIL PENALTIES.—

7 (1) GENERAL PENALTIES.—Section

8 60122(a)(1) is amended—

9 (A) by striking ‘‘$25,000’’ and inserting

10 ‘‘$100,000’’; and

11 (B) by striking ‘‘$500,000’’ and inserting

12 ‘‘$1,000,000’’.

13 (2) CIVIL PENALTIES FOR DISCHARGES.—Sec14 tion 60122(a) is amended by adding at the end the

15 following:

16 ‘‘(3) A person who is the owner, operator, or person

17 in charge of a hazardous liquid pipeline facility from which

18 a hazardous liquid is discharged may be liable to the Gov19 ernment for a civil penalty of not more than $25,000 per

20 day of violation or not more than $1,000 per barrel of

21 oil or other hazardous liquid discharged, except that a per22 son may not be liable for a civil penalty under this sub23 section for a discharge if the person has been assessed

24 a civil penalty under section 309 or 311(b) of the Federal
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1 Water Pollution Control Act (33 U.S.C. 1319; 1321(b))

2 for the discharge.’’.

3 (3) PENALTY CONSIDERATIONS.—Section

4 60122(b) is amended to read as follows:

5 ‘‘(b) PENALTY CONSIDERATIONS.—In determining

6 the amount of a civil penalty under this section—

7 ‘‘(1) the Secretary shall consider—

8 ‘‘(A) the nature, circumstances, and grav9 ity of the violation, including adverse impact on

10 the environment;

11 ‘‘(B) with respect to the violator, the de12 gree of culpability, any history of prior viola13 tions, the ability to pay, and any effect on abil14 ity to continue doing business; and

15 ‘‘(C) good faith in attempting to comply;

16 and

17 ‘‘(2) the Secretary may consider—

18 ‘‘(A) the economic benefit gained from the

19 violation without any reduction because of sub20 sequent damages; and

21 ‘‘(B) other matters that justice requires.’’.

22 (c) EXCAVATOR DAMAGE.—Section 60123(d) is

23 amended—

24 (1) in the matter preceding paragraph (1) by

25 striking ‘‘knowingly and willfully’’;
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1 (2) in paragraph (1) by inserting ‘‘knowingly

2 and willfully’’ before ‘‘engages’’; and

3 (3) by striking paragraph (2)(B) and inserting

4 the following:

5 ‘‘(B) a pipeline facility, knows or has rea6 son to know of the damage, and does not report

7 the damage promptly to the operator of the

8 pipeline facility and to other appropriate au9 thorities; or’’.

10 (d) CIVIL ACTIONS.—Section 60120(a) is amended—

11 (1) by striking ‘‘(a) CIVIL ACTIONS.—(1)’’ and

12 all that follows through ‘‘(2) At the request’’ and in13 serting the following:

14 ‘‘(a) CIVIL ACTIONS.—

15 ‘‘(1) CIVIL ACTIONS TO ENFORCE THIS CHAP16 TER.—At the request of the Secretary of Transpor17 tation, the Attorney General may bring a civil action

18 in an appropriate district court of the United States

19 to enforce this chapter, including section 60112, or

20 a regulation prescribed or order issued under this

21 chapter. The court may award appropriate relief, in22 cluding a temporary or permanent injunction, puni23 tive damages, and assessment of civil penalties, con24 sidering the same factors as prescribed for the Sec-
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1 retary in an administrative case under section

2 60122.

3 ‘‘(2) CIVIL ACTIONS TO REQUIRE COMPLIANCE

4 WITH SUBPENAS OR ALLOW FOR INSPECTIONS.—At

5 the request’’; and

6 (2) by aligning the remainder of the text of

7 paragraph (2) with the text of paragraph (1).

8 SEC. 5. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY

9 PREPAREDNESS.

10 (a) COMMUNITY RIGHT-TO-KNOW.—

11 (1) IN GENERAL.—Section 60116 is amended

12 to read as follows:

13 ‘‘§ 60116. Community right-to-know

14 ‘‘(a) PUBLIC EDUCATION PROGRAMS.—

15 ‘‘(1) IN GENERAL.—Each owner or operator of

16 a gas transmission or hazardous liquid pipeline facil17 ity shall carry out a continuing program to educate

18 the public on—

19 ‘‘(A) the use of a one-call notification sys20 tem prior to excavation and other damage pre21 vention activities;

22 ‘‘(B) the possible hazards associated with

23 unintended releases from the pipeline facility;

24 and
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1 ‘‘(C) the physical indications that a pipe2 line release may have occurred, the steps that

3 should be taken for public safety in the event

4 of such a release, and how to report such a re5 lease.

6 ‘‘(2) REVIEW AND MODIFICATION OF EXISTING

7 PROGRAMS.—

8 ‘‘(A) OWNER OR OPERATOR.—Not later

9 than 1 year after the date of enactment of this

10 subsection, each owner or operator of a gas

11 transmission or hazardous liquid pipeline facil12 ity shall—

13 ‘‘(i) review its existing public edu14 cation program for effectiveness and mod15 ify the program as necessary; and

16 ‘‘(ii) submit to the Secretary of

17 Transportation for review a detailed de18 scription of its public education program,

19 including any modifications made to the

20 program as a result of the review under

21 clause (i).

22 ‘‘(B) SECRETARY.—The Secretary shall re23 view the description of each public information

24 program for a facility submitted to the Sec25 retary under subparagraph (A)(ii) as an ele-
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1 ment of the Secretary’s inspections of the facil2 ity.

3 ‘‘(3) STANDARDS.—The Secretary may issue

4 standards prescribing the details of public education

5 programs under this section, providing for periodic

6 review of such programs, and providing for the

7 modification of such programs as needed. The Sec8 retary may also develop material for use in the pro9 grams.

10 ‘‘(b) LIAISON WITH STATE AND LOCAL EMERGENCY

11 RESPONSE ENTITIES.—

12 ‘‘(1) IN GENERAL.—Not later than 1 year after

13 the date of enactment of this subsection, an operator

14 of a gas transmission or hazardous liquid pipeline

15 facility shall initiate and maintain liaison with the

16 State emergency response commissions (and local

17 emergency planning committees in the areas of pipe18 line right-of-way) established under section 301 of

19 the Emergency Planning and Community Right-To20 Know Act of 1986 (42 U.S.C. 11001) in each State

21 within the boundaries of which it operates.

22 ‘‘(2) AVAILABILITY OF INFORMATION.—An op23 erator of a gas transmission or hazardous liquid

24 pipeline facility shall make available, when re-
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1 quested, to the State emergency response commis2 sions and local emergency planning committees—

3 ‘‘(A) the information described in section

4 60102(d);

5 ‘‘(B) a copy of any integrity management

6 program adopted by the operator under section

7 60109; and

8 ‘‘(C) information about implementation of

9 the integrity management program and about

10 the risks that the program is designed to ad11 dress.

12 ‘‘(3) COMMUNITIES WITHOUT LOCAL EMER13 GENCY PLANNING COMMITTEES.—In a community

14 without a local emergency planning committee, the

15 operator of a gas transmission or hazardous liquid

16 pipeline facility shall maintain liaison with the local

17 fire, police, and other emergency response agencies.

18 ‘‘(4) FORMAT OF INFORMATION.—An operator

19 of a pipeline facility making information available

20 under this subsection shall make the information

21 available in a format integrated into a commercial

22 off-the-shelf in-vehicle portable computer global posi23 tioning system navigation mapping software used in

24 first responder vehicles equipped with portable com25 puters and responding to pipeline spills.
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1 ‘‘(c) PUBLIC AVAILABILITY OF REPORTS.—The Sec2 retary shall make available to the public a safety-related

3 condition report filed by an operator under section

4 60102(h) and a report of a pipeline incident filed by an

5 operator under this chapter.

6 ‘‘(d) ACCESS TO INTEGRITY MANAGEMENT PROGRAM

7 INFORMATION.—The Secretary shall prescribe require8 ments for public access to integrity management program

9 information prepared under this chapter.

10 ‘‘(e) AVAILABILITY OF MAPS.—Not later than 1 year

11 after the date of enactment of this subsection and annu12 ally thereafter, the owner or operator of each interstate

13 gas pipeline facility and hazardous liquid pipeline facility

14 shall provide to the governing body of each municipality

15 within the boundaries of which the pipeline facility is lo16 cated a map identifying the location of such facility.

17 ‘‘(f) EFFECTIVENESS OF PUBLIC SAFETY AND PUB18 LIC EDUCATION PROGRAMS.—

19 ‘‘(1) SURVEY AND ASSESSMENT.—The Sec20 retary shall survey and assess the public education

21 programs under this section and the public safety

22 programs under section 60102(c) and determine

23 their effectiveness and applicability as components of

24 a model program. In particular, the survey shall in25 clude the methods by which operators notify resi-
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1 dents of the location of the facility and its right-of2 way, public information regarding existing one-call

3 notification programs, and appropriate procedures to

4 be followed by residents of affected municipalities in

5 the event of accidents involving interstate gas pipe6 line facilities.

7 ‘‘(2) STANDARDS FOR PUBLIC SAFETY PRO8 GRAMS.—In issuing standards for public safety pro9 grams under section 60102(a) and for public edu10 cation programs under this section, the Secretary

11 shall consider the results of the survey and assess12 ment under paragraph (1).

13 ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary

14 may provide technical assistance to the pipeline in15 dustry on developing public safety and public edu16 cation program content and best practices for pro17 gram delivery and on evaluating the effectiveness of

18 the programs. The Secretary may also provide tech19 nical assistance to State and local officials in apply20 ing practices developed in these programs to their

21 activities.

22 ‘‘(g) PIPELINE SEGMENT REPORTS.—

23 ‘‘(1) IN GENERAL.—Not later than 6 months

24 after the date of enactment of this subsection, each

25 owner or operator of a gas transmission or haz-
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1 ardous liquid pipeline facility shall submit to the

2 Secretary a report on pipeline segments of the facil3 ity in accordance with this subsection. After submit4 ting such report, each such owner or operator shall

5 submit to the Secretary an update of such report at

6 least once each year.

7 ‘‘(2) CONTENTS OF REPORTS.—A pipeline seg8 ment report of an owner or operator of a facility

9 shall include, at a minimum, the following informa10 tion for each pipeline segment of the facility:

11 ‘‘(A) The business name, address, and tele12 phone number of the owner or operator.

13 ‘‘(B) A summary description of the pipe14 line system containing the segment, including a

15 general system map and a description of any

16 product the pipeline transports, the length of

17 the system, and origin and termination points.

18 ‘‘(C) State and local emergency response

19 liaison information.

20 ‘‘(D) A description of periodic testing

21 methods used on the segment and the frequency

22 of such testing.

23 ‘‘(E) A summary of the results of periodic

24 testing of the segment, including any defects
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1 detected and actions taken to address the de2 fects.

3 ‘‘(F) A description of the leak detection

4 system in use on the segment and its sensi5 tivity.

6 ‘‘(G) A 5-year incident history for the seg7 ment.

8 ‘‘(H) An inspection and enforcement his9 tory for the segment.

10 ‘‘(I) If applicable, a summary of integrity

11 management program actions related to the

12 segment.

13 ‘‘(3) AUTHORITY OF SECRETARY.—The Sec14 retary may modify or waive any of the information

15 required to be included in a report under paragraph

16 (2) if the Secretary determines that the inclusion of

17 such information would pose a risk to the security

18 of a pipeline system.

19 ‘‘(4) AVAILABILITY OF REPORTS.—The Sec20 retary shall make each report prepared under this

21 subsection available to the public through the con22 solidated computer database of the Secretary.

23 ‘‘(5) PIPELINE SEGMENT DEFINED.—In this

24 subsection, the term ‘pipeline segment’ means—
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1 ‘‘(A) with respect to a gas transmission

2 pipeline facility, the length of pipeline between

3 the origin and the first compressor station, be4 tween intermittent compressor stations, and be5 tween the final compressor station and the ter6 mination point; and

7 ‘‘(B) with respect to a hazardous liquid

8 pipeline facility, the length of pipeline between

9 the origin and the first pumping station, be10 tween intermittent pumping stations, and be11 tween the final pumping station and the termi12 nation point.’’.

13 (2) CONFORMING AMENDMENT.—Section

14 60102(c) is amended by striking paragraph (4).

15 (3) AMENDMENT TO CHAPTER ANALYSIS.—The

16 analysis for chapter 601 is amended by striking the

17 item relating to section 60116 and inserting the fol18 lowing:

‘‘60116. Community right-to-know.’’.

19 (b) SAFETY CONDITION REPORTS.—The last sen20 tence of section 60102(h)(2) is amended to read as fol21 lows: ‘‘Notice of the condition shall be given concurrently

22 to appropriate State officials, including the local emer23 gency responders, and appropriate on scene coordinators

24 for the area contingency plan and sub-area contingency

25 plan.’’.
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1 (c) EFFECT ON TORT LIABILITY.—Section 60120(c)

2 is amended by adding at the end the following: ‘‘Nothing

3 in section 60116 shall be considered to impose a new duty

4 on State or local emergency responders or local emergency

5 planning committees.’’.

6 SEC. 6. SUPPORT FOR INNOVATIVE TECHNOLOGY DEVEL7 OPMENT.

8 Section 60117 is amended by adding at the end the

9 following:

10 ‘‘(l) SUPPORT FOR INNOVATIVE TECHNOLOGY DE11 VELOPMENT.—

12 ‘‘(1) IN GENERAL.—The Secretary shall partici13 pate in the development of alternative technologies—

14 ‘‘(A) in fiscal year 2001 and thereafter—

15 ‘‘(i) to identify outside force damage

16 to pipelines using internal inspection de17 vices; and

18 ‘‘(ii) to monitor outside force damage

19 to pipelines; and

20 ‘‘(B) in fiscal year 2002 and thereafter, to

21 inspect pipelines that cannot accommodate in22 ternal inspection devices available on the date

23 of enactment of this subsection.

24 ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec25 retary may support such technological development
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1 through cooperative agreements with trade associa2 tions, academic institutions, or other qualified orga3 nizations.’’.

4 SEC. 7. QUALIFICATION OF PIPELINE PERSONNEL.

5 (a) QUALIFICATION PROGRAMS.—

6 (1) IN GENERAL.—Chapter 601 is amended by

7 adding at the end the following:

8 ‘‘§ 60129. Qualification of pipeline personnel

9 ‘‘(a) QUALIFICATION PROGRAM.—Not later than

10 April 26, 2001, each operator of a gas pipeline or haz11 ardous liquid pipeline facility shall adopt and implement

12 a written qualification program that ensures that all indi13 viduals performing covered tasks for the facility are quali14 fied to perform such tasks.

15 ‘‘(b) ELEMENTS OF QUALIFICATION PROGRAMS.—A

16 qualification program adopted by an operator under sub17 section (a) shall include, at a minimum, the following ele18 ments:

19 ‘‘(1) A method for examining or testing the

20 qualifications of individuals performing covered

21 tasks for the facility. Such method may not be lim22 ited to observation of on-the-job performance.

23 ‘‘(2) A requirement that the operator complete

24 the qualification of all individuals performing cov-
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1 ered tasks for the facility not later than 18 months

2 after the date of adoption of the program.

3 ‘‘(3) A periodic requalification component that

4 provides for examination or testing of individuals in

5 accordance with paragraph (1).

6 ‘‘(c) REVIEW OF QUALIFICATION PROGRAMS.—

7 ‘‘(1) REVIEW OF PROGRAMS.—

8 ‘‘(A) IN GENERAL.—The Secretary or a

9 State authority responsible for enforcing stand10 ards prescribed under this chapter shall review

11 the qualification program of an operator and

12 record the results of that review for use in the

13 next review of an operator’s program.

14 ‘‘(B) CONTEXT OF REVIEW.—The Sec15 retary or State authority may conduct a review

16 under subparagraph (A) as an element of its in17 spection of an operator.

18 ‘‘(C) INADEQUATE PROGRAMS.—If the Sec19 retary or a State authority determines that a

20 qualification program is inadequate for the safe

21 operation of a pipeline facility, the Secretary or

22 State authority shall act under section

23 60108(a)(2) to require the operator to revise

24 the qualification program.
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1 ‘‘(2) AMENDMENTS TO PROGRAMS.—In order to

2 facilitate reviews under this subsection, an operator

3 shall notify the Secretary or State authority, as ap4 propriate, of any amendment made to the operator’s

5 qualification program not later than 30 days after

6 the date of adoption of the amendment.

7 ‘‘(3) WAIVERS AND MODIFICATIONS.—In ac8 cordance with section 60118(c), the Secretary may

9 waive or modify any requirement of this section.

10 ‘‘(d) COVERED TASK DEFINED.—In this section, the

11 term ‘covered task’—

12 ‘‘(1) with respect to a gas pipeline facility, has

13 the meaning such term has under section 195.501 of

14 title 49, Code of Federal Regulations, as in effect on

15 the date of enactment of this section; and

16 ‘‘(2) with respect to a hazardous liquid pipeline

17 facility, has the meaning such term has under sec18 tion 192.801 of such title, as in effect on the date

19 of enactment of this section.’’.

20 (2) CONFORMING AMENDMENT.—The analysis

21 for chapter 601 is amended by adding at the end the

22 following:

‘‘60129. Qualification of pipeline personnel.’’.

23 (b) PILOT PROGRAM FOR CERTIFICATION OF CER24 TAIN PIPELINE WORKERS.—
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1 (1) IN GENERAL.—Not later than 36 months

2 after the date of enactment of this Act, the Sec3 retary of Transportation shall—

4 (A) develop tests and other requirements

5 for certifying the qualifications of individuals

6 who operate computer-based systems for con7 trolling the operations of pipelines; and

8 (B) establish and carry out a pilot pro9 gram for 3 pipeline facilities under which the

10 individuals operating computer-based systems

11 for controlling the operations of pipelines at

12 such facilities are required to be certified under

13 the process established under subparagraph

14 (A).

15 (2) REPORT.—Not later than 5 years after the

16 date of enactment of this Act, the Secretary shall

17 transmit to Congress a report on the results of the

18 pilot program. The report shall include—

19 (A) a description of the pilot program and

20 implementation of the pilot program at each of

21 the 3 pipeline facilities;

22 (B) an evaluation of the pilot program, in23 cluding the effectiveness of the process for cer24 tifying individuals who operate computer-based
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•HR 5361 IH

1 systems for controlling the operations of pipe2 lines;

3 (C) any recommendations of the Secretary

4 for requiring the certification of all individuals

5 who operate computer-based systems for con6 trolling the operations of pipelines; and

7 (D) an assessment of the ramifications of

8 requiring the certification of other individuals

9 performing safety-sensitive functions for a pipe10 line facility.

11 SEC. 8. POPULATION ENCROACHMENT.

12 Section 60127 is amended to read as follows:

13 ‘‘§ 60127. Population encroachment

14 ‘‘(a) STUDY.—The Secretary of Transportation, in

15 consultation with appropriate Federal agencies and State

16 and local governments, shall undertake a study of land

17 use practices and zoning ordinances with regard to pipe18 line rights-of-way.

19 ‘‘(b) PURPOSE OF STUDY.—The purpose of the study

20 shall be to gather information on land use practices and

21 zoning ordinances—

22 ‘‘(1) to determine effective practices to limit en23 croachment on existing pipeline rights-of-way;
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1 ‘‘(2) to address and prevent the hazards and

2 risks to the public and the environment associated

3 with encroachment on pipeline rights-of-way; and

4 ‘‘(3) to raise the awareness of the risks and

5 hazards of encroachment on pipeline rights-of-way.

6 ‘‘(c) CONSIDERATIONS.—In conducting the study, the

7 Secretary shall consider, at a minimum, the following:

8 ‘‘(1) The legal authority of Federal agencies

9 and State and local governments in controlling land

10 use and the limitations on such authority.

11 ‘‘(2) The current practices of Federal agencies

12 and State and local governments in addressing land

13 use issues involving a pipeline easement.

14 ‘‘(3) The most effective way to encourage Fed15 eral agencies and State and local governments to

16 monitor and reduce encroachment upon pipeline

17 rights-of-way.

18 ‘‘(d) REPORT.—

19 ‘‘(1) IN GENERAL.—Not later than 1 year after

20 the date of enactment of this subsection, the Sec21 retary shall publish a report identifying practices,

22 laws, and ordinances that are most successful in ad23 dressing issues of encroachment on pipeline rights24 of-way so as to more effectively protect public safety

25 and the environment.
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1 ‘‘(2) DISTRIBUTION OF REPORT.—The Sec2 retary shall provide a copy of the report to appro3 priate Federal agencies and to States for further

4 distribution to appropriate local authorities.

5 ‘‘(3) ADOPTION OF PRACTICES, LAWS, AND OR6 DINANCES.—The Secretary shall encourage Federal

7 agencies and State and local governments to adopt

8 and implement appropriate practices, laws, and ordi9 nances, as identified in the report, to address the

10 risks and hazards associated with encroachment

11 upon pipeline rights-of-way.’’.

12 SEC. 9. DAMAGE PREVENTION.

13 (a) DEVELOPMENT OF STRATEGIC PLAN.—The Sec14 retary of Transportation shall develop and implement a

15 strategic plan to reduce the annual number of pipeline re16 leases caused by outside force damage by 25 percent with17 in 4 years of the date of enactment of this Act.

18 (b) CONTENTS OF PLAN.—The strategic plan shall

19 include, at a minimum, a description of the efforts of the

20 Secretary—

21 (1) to expand and improve public education ac22 tivities to inform excavators, facility operators, em23 ployees of State and local highway departments, and

24 the public about the importance of preventing dam-
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1 age to pipelines and underground facilities and the

2 importance of pipeline rights-of-way;

3 (2) to expand the Secretary’s judicial and pros4 ecutorial education activities and campaigns to in5 crease awareness of the importance of preventing

6 damage to pipelines and underground facilities;

7 (3) to advance technology to improve contact

8 with one-call notification systems and to help mark

9 and locate pipelines and associated facilities before

10 any excavation activity begins;

11 (4) to identify, validate, and promote technology

12 transfer of the best practices used to prevent dam13 age to underground facilities and to update the re14 port entitled ‘‘Common Ground’’; and

15 (5) to develop means to implement rec16 ommendations specified in ‘‘Common Ground’’.

17 (c) REPORT TO CONGRESS.—Not later than 90 days

18 after the date of enactment of this Act, the Secretary shall

19 transmit to Congress a report containing the strategic

20 plan.

21 SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.

22 Not later than 12 months after the date of enactment

23 of this Act, the Secretary of Transportation shall develop

24 and implement a comprehensive plan for the collection and

25 use of gas and hazardous liquid pipeline data to revise the
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1 causal categories on the accident report forms and to

2 eliminate overlapping and confusing categories and in3 clude subcategories. The plan shall include components to

4 provide the capability to perform sound accident trend

5 analysis and evaluations of pipeline operator performance

6 using normalized accident data.

7 SEC. 11. TECHNICAL AMENDMENTS.

8 Chapter 601 is amended—

9 (1) in section 60102(a)—

10 (A) by striking ‘‘(a)(1)’’ and all that fol11 lows through ‘‘The Secretary of Transpor12 tation’’ and inserting the following:

13 ‘‘(a) MINIMUM SAFETY STANDARDS.—

14 ‘‘(1) IN GENERAL.—The Secretary of Transpor15 tation’’;

16 (B) by moving the remainder of the text of

17 paragraph (1), including subparagraphs (A)

18 and (B) but excluding subparagraph (C), 2 ems

19 to the right; and

20 (C) in paragraph (2) by inserting ‘‘QUALI21 FICATIONS OF PIPELINE OPERATORS.—’’ before

22 ‘‘The qualifications’’;

23 (2) in section 60110(b) by striking ‘‘cir24 cumstances’’ and all that follows through ‘‘operator’’
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1 and inserting the following: ‘‘circumstances, if any,

2 under which an operator’’;

3 (3) in section 60114 by redesignating sub4 section (d) as subsection (c); and

5 (4) in section 60122(a) by striking ‘‘section

6 60114(c)’’ and inserting ‘‘section 60114(b)’’.

7 SEC. 12. PIPELINE FACILITIES OVERSIGHT AND MONI8 TORING.

9 (a) ADVISORY FUNCTION.—The function of a Re10 gional Advisory Council under this section shall be advi11 sory only.

12 (b) PURPOSE.—Each Regional Advisory Council shall

13 be responsible for safety and environmental monitoring of

14 pipeline facilities that may impact the State in which the

15 Regional Advisory Council does business.

16 (c) SUITS BARRED.—No Regional Advisory Council

17 established under this section may sue any person or pub18 lic or private entity concerning any matter arising under

19 this section except for the performance of contracts.

20 (d) ESTABLISHMENT.—

21 (1) STATE DESIGNATION.—The Secretary of

22 Transportation shall designate not more than 3

23 States the Governor of each of which may establish

24 not more than 3 Regional Advisory Councils in ac25 cordance with this section.
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1 (2) STATE SELECTION CRITERIA.—The Sec2 retary shall established State selection criteria and

3 make the designation of States to participate in the

4 pilot program. The criteria shall include the fol5 lowing:

6 (A) The State experienced a major acci7 dent involving a hazardous liquid or gas trans8 mission facility in the 5-year period ending on

9 the date of enactment of this Act.

10 (B) The Governor of the State requests the

11 designation.

12 (C) The legislative body of the State has

13 passed legislation indicating its desire to involve

14 the State in hazardous liquid or gas trans15 mission facility regulation or oversight, or both.

16 (e) MEMBERSHIP.—Each Council shall be composed

17 of voting members and nonvoting members, as follows:

18 (1) VOTING MEMBERS.—There shall be 11 vot19 ing members who shall be residents of the State

20 wherein the Council will do business with 1 rep21 resentative appointed by the Governor of the State

22 participating in the pilot program to represent each

23 of the following interests, taking into consideration

24 the need for regional balance on the Council:

25 (A) Emergency responders.
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1 (B) Fish and wildlife organizations the

2 members of which depend on fisheries and wild3 life resources at risk, directly or indirectly, from

4 pipeline ruptures and spills.

5 (C) Environmental organizations.

6 (D) At least 2 representatives selected by

7 1 or more statewide associations of local gov8 ernments.

9 (E) Pipeline right-of-way property owners.

10 (F) Native American tribes.

11 (G) The general public.

12 (2) NONVOTING MEMBERS.—One ex-officio,

13 nonvoting representative shall be designated by, and

14 represent, each of the following:

15 (A) The Environmental Protection Agency.

16 (B) Each agency of the participating State

17 with jurisdiction over intrastate pipeline safety

18 and environmental protection.

19 (C) The fire marshal or other official of

20 the participating State with similar duties if

21 there is no State fire marshal.

22 (D) The agency of the participating State

23 with jurisdiction over pipeline spill response.

24 (E) The pipeline industry.

25 (f) TERMS.—
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1 (1) DURATION OF COUNCILS.—The term of the

2 Councils shall continue throughout the life of the op3 eration of the pipeline facilities that each Council

4 oversees.

5 (2) 3 YEARS.—The voting members of each

6 Council shall serve for a term of 3 years.

7 (g) SELF-GOVERNING.—Each Council shall elect its

8 own chairperson, select its own staff, and make policies

9 with regard to its internal operating procedures.

10 (h) DUTIES.—Each Council shall—

11 (1) provide advice and recommendations to the

12 Secretary and the Governor of the State in which

13 the Council does business on policies, permits, and

14 regulations relating to the operation and mainte15 nance of pipeline facilities which affect or may affect

16 that State’s environment;

17 (2) monitor the environmental impacts of the

18 operation of pipeline facilities;

19 (3) review the adequacy of the risk analysis and

20 integrity program developed by each pipeline oper21 ator;

22 (4) review the adequacy of pipeline spill preven23 tion and contingency plans for such pipeline facili24 ties;
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1 (5) review and comment on proposals for new

2 pipeline facilities, including issues of public need,

3 safety, and environmental impact;

4 (6) periodically review the respective pipeline

5 spill prevention and contingency plans, in light of

6 new technological developments and changed cir7 cumstances;

8 (7) monitor developments in pipeline spill pre9 vention, leak detection, pipeline inspection, operator

10 training, spill containment, response, and cleanup

11 technology; and

12 (8) recommend to the Secretary, Governor, and,

13 where appropriate, the operator—

14 (A) standards and stipulations for permits

15 intended to minimize the impact of pipeline fa16 cilities which could impact the State;

17 (B) modifications of pipeline facility oper18 ations and maintenance intended to minimize

19 the risk and mitigate the impact of pipeline fa20 cility operations and to minimize the risk of

21 pipeline spills;

22 (C) modifications of operators’ risk anal23 ysis and integrity programs;

24 (D) modifications of the pipeline spill pre25 vention and contingency plans for pipeline fa-
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1 cilities intended to enhance the ability to pre2 vent and respond to such a spill; and

3 (E) amendments to statutes and regula4 tions to improve pipeline safety and spill re5 sponse.

6 (i) NO ESTOPPEL.—No Council shall be held liable

7 under State or Federal law for costs or damages as a re8 sult of rendering advice under this section. Nor shall any

9 advice given by a voting member of a Council, or program

10 representative or agent, be grounds for estopping the in11 terests represented by the voting Council members from

12 seeking damages or other appropriate relief.

13 (j) AGENCY COOPERATION.—On and after establish14 ment of a Council by the Governor under this section, each

15 Federal department, agency, or other instrumentality shall

16 consult, with respect to all permits, site-specific regula17 tions, and other matters governing the activities and ac18 tions of the pipeline facilities, with the appropriate Council

19 before taking substantive action with respect to the per20 mit, site-specific regulation, or other matter. This con21 sultation shall be carried out with a view to enabling the

22 appropriate Council to review the permit, site-specific reg23 ulation, or other matters and make appropriate rec24 ommendations regarding operations, policy, or agency ac25 tions. Prior consultation shall not be required if an author-
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1 ized Federal agency representative reasonably believes

2 that an emergency exists requiring action without delay.

3 (k) RECOMMENDATIONS OF THE COUNCIL.—In the

4 event that the Secretary, Governor, or operator does not

5 adopt, or significantly modifies before adoption, any rec6 ommendation of the Council made pursuant to the author7 ity granted to the Council in subsection (h)(8), the Sec8 retary, Governor, or operator shall provide to the Council,

9 in writing, within 5 days of its decision, notice of its deci10 sion and a written statement of reasons for its rejection

11 or significant modification of the recommendation.

12 (l) FUNDING.—

13 (1) PER REGIONAL ADVISORY COUNCIL.—Sub14 ject to appropriations, the Secretary shall provide to

15 each Regional Advisory Council established under

16 this section from the Oil Spill Liability Trust Fund

17 such amount as is sufficient to fund the Council’s

18 work, but not less than $750,000, for each year of

19 operation of the Council under this section. In deter20 mining the amount to provide to the Council for its

21 initial year of operation, the Secretary shall consult

22 the Governor of State in which the Council does

23 business and the Council. After the Council’s initial

24 year of operation, such amount shall be based on a
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1 budget and workplan developed by the Council and

2 approved by the Governor.

3 (2) AUTHORIZATION.—There is authorized to

4 be appropriated from the Oil Spill Liability Trust

5 Fund to the Secretary such amount as may be nec6 essary to carry out this section.

7 (m) REPORTS.—Before the expiration of the 36-

8 month period following the date of enactment of this Act,

9 each Council established pursuant to this section shall re10 port to the President and Congress concerning its activi11 ties under this section, together with its recommendations.

12 (n) SAVINGS CLAUSE.—

13 (1) REGULATORY AUTHORITY.—Nothing in this

14 section shall be construed as modifying, repealing,

15 superseding, or preempting any municipal, State, or

16 Federal law or regulation, or in any way affecting

17 litigation arising from pipeline spills or the rights

18 and responsibilities of the United States or any

19 State, or municipalities thereof, to preserve and pro20 tect the environment through regulation of land, air,

21 and water uses, of safety, and of related develop22 ment.

23 (2) RECOMMENDATIONS.—This subsection is

24 not intended to prevent a Council from recom25 mending to appropriate authorities that existing
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1 legal requirements should be modified or that new

2 legal requirements should be adopted.

3 SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

4 (a) GAS AND HAZARDOUS LIQUID.—Section

5 60125(a) is amended to read as follows:

6 ‘‘(a) GAS AND HAZARDOUS LIQUID.—

7 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

8 To carry out this chapter (except for sections 60107

9 and 60114(b)) related to gas and hazardous liquid,

10 the following amounts are authorized to be appro11 priated to the Department of Transportation:

12 ‘‘(A) $41,500,000 for fiscal year 2001.

13 ‘‘(B) $44,500,000 for fiscal year 2002.

14 ‘‘(C) $45,800,000 for fiscal year 2003.

15 ‘‘(2) ALLOCATIONS FOR RESEARCH.—Of the

16 amounts appropriated pursuant to paragraph (1) for

17 a fiscal year, not less than the following amounts

18 shall be used for research of pipeline safety tech19 nologies described in section 60117:

20 ‘‘(A) $4,000,000 for fiscal year 2001.

21 ‘‘(B) $5,500,000 for fiscal year 2002.

22 ‘‘(C) $6,000,000 for fiscal year 2003.’’.

23 (b) STATE GRANTS.—Section 60125 is amended—
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1 (1) by striking subsections (b) and (d) and re2 designating subsections (c), (e), and (f) as sub3 sections (b), (c), and (d), respectively; and

4 (2) in subsection (b)(1) (as so redesignated) by

5 striking subparagraphs (A) through (H) and insert6 ing the following:

7 ‘‘(A) $18,500,000 for fiscal year 2001.

8 ‘‘(B) $20,500,000 for fiscal year 2002.

9 ‘‘(C) $21,100,000 for fiscal year 2003.’’.

10 (c) CONFORMING AMENDMENT.—Section 60125(c)

11 (as redesignated by subsection (b)(1) of this section) is

12 amended by striking ‘‘or (b) of this section’’.

Æ