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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1505 Introduced in Senate (IS)]

  1st Session
                                S. 1505

  To reduce risk to public safety and the environment associated with 
 pipeline transportation of natural gas and hazardous liquids, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 22, 1995

 Mr. Lott (for himself, Mr. Breaux, and Mrs. Hutchison) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  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 1995''.

 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) in each of paragraphs (1) through (22), by striking the 
        period at the end and inserting a semicolon;
            (2) in paragraph (21), by striking subparagraph (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) `benefits' means the reasonably identifiable or 
        estimated safety, environmental, and economic benefits that are 
        reasonably expected to result directly or indirectly from the 
        implementation of a standard, regulatory requirement, or 
        option;
            ``(24) `costs' means, with respect to the implementation 
        of, or compliance with, a standard, regulatory requirement, or 
        option, the estimated or actual direct and indirect costs of 
        that implementation or compliance;
            ``(25) `incremental benefit' or `incremental cost' means 
        the additional estimated benefit or cost that--
                    ``(A) would be caused by a particular action 
                (whether regulatory or nonregulatory) in comparison 
                with other options that may be taken in lieu of that 
                action; and
                    ``(B) is based on quantifiable or qualifiable 
                assessments that use generally available and reasonably 
                obtainable scientific or economic data;
            ``(26) `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 analyzing, assessing, and minimizing risk in order to 
        protect employees, the general public, the environment, and 
        pipeline facilities;
            ``(27) `risk management plan' means a management plan 
        utilized by a gas or hazardous liquid pipeline facility owner 
        or operator that encompasses risk management; and
            ``(28) `Secretary' means--
                    ``(A) the Secretary of Transportation; or
                    ``(B) if applicable, any person to whom the 
                Secretary of Transportation delegates authority with 
                respect to a matter concerned.''.
    (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) in paragraph (1), by striking subparagraph (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
            (2) 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.--
            ``(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;
                            ``(ii) safely transporting hazardous 
                        liquids; and
                            ``(iii) protecting the environment.
            ``(2) Factors for consideration.--Except as provided in 
        section 60112, when prescribing a 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; or
                            ``(ii) hazardous liquid pipeline safety and 
                        environmental protection 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 extent to 
                which the standard will benefit public safety and the 
                protection of the environment;
                    ``(E) the costs of 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 described 
                in section 60115 and the Liquid Pipeline Safety 
                Standards Committee described in section 60115.
            ``(3) Risk assessment document.--In prescribing a standard 
        referred to in paragraph (2), the Secretary shall prepare a 
        risk assessment document that--
                    ``(A) identifies the regulatory and nonregulatory 
                options that the Secretary considered in prescribing a 
                proposed standard;
                    ``(B) identifies the incremental costs and 
                incremental benefits with respect to public safety and 
                the protection of the environment that are associated 
                with the proposed standard;
                    ``(C) includes--
                            ``(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 found that option to be less 
                        cost-effective or flexible than the proposed 
                        standard; and
                    ``(D) provides any technical data or other 
                information upon which the risk assessment document and 
                proposed standard is based.
            ``(4) Review.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) submit each risk assessment document 
                        prepared under this section to the Technical 
                        Pipeline Safety Standards Committee described 
                        in section 60115 or the Hazardous Liquid 
                        Pipeline Safety Standards Committee described 
                        in section 60115, or both, as appropriate; and
                            ``(ii) make that document 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 documents prepared 
                under this section. Not later than 90 days after 
                receiving a risk assessment document for review 
                pursuant to subparagraph (A), each committee that 
                receives that document shall prepare and submit to the 
                Secretary a report that includes--
                            ``(i) an evaluation of the merit of the 
                        data and methods used in that document; and
                            ``(ii) any recommended options relating to 
                        that document and the associated standard or 
                        regulatory requirement 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 or regulatory requirement 
                        before promulgating the final standard or 
                        requirement.
            ``(5) Incremental benefits and costs.--Before issuing a 
        final standard that is subject to the requirements contained in 
        paragraphs (1) and (2), the Secretary shall certify that the 
        incremental benefits of the final standard will likely justify, 
        and be reasonably related to, the incremental costs incurred by 
        the Federal Government and State, local, and tribal governments 
        and any other public entity, and the private sector.
            ``(6) Emergencies.--In the case of an emergency that meets 
        the criteria described in section 60112(e), the Secretary may 
        suspend the application of this section for the duration of the 
        emergency.
            ``(7) Report.--Not later than March 31, 1999, 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 improved 
                regulatory decision making; and
                    ``(B) includes any recommendations that the 
                Secretary determines would make the risk assessments 
                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 gathering 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 the design 
        and construction of a new gas or hazardous liquid pipeline 
        transmission facility be carried out, to the extent 
        practicable, in a way that accommodates the passage through the 
        facility of an instrumented internal inspection device 
        (commonly referred to as a `smart pig'). The Secretary shall 
        also prescribe minimum safety standards that require that when 
        a segment of an existing gas or hazardous liquid pipeline 
        transmission facility is replaced, to the extent practicable, 
        the replacement segment can accommodate the passage of an 
        instrumented internal inspection device. The Secretary may 
        apply the standards to an existing gas or hazardous liquid 
        facility and require that the facility be changed to allow the 
        facility to be inspected with an instrumented internal 
        inspection device if the basic construction of the facility 
        will accommodate the device.''.
            (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 new subsection:
    ``(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.''.

 SEC. 5. RISK MANAGEMENT.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following new section:
``Sec. 60126. Risk management
    ``(a) Risk Management Program Demonstration Projects.--
            ``(1) In general.--The Secretary shall establish risk 
        management demonstration projects--
                    ``(A) to demonstrate, through the voluntary 
                participation by owners and operators of gas pipeline 
                facilities and hazardous liquid pipeline facilities, 
                the applications of risk management; and
                    ``(B) to evaluate the safety and cost-effectiveness 
                of the applications referred to in subparagraph (A).
            ``(2) Waivers.--In carrying out a demonstration project 
        under this subsection, the Secretary--
                    ``(A) may waive, with respect to the owner or 
                operator of any pipeline facility covered under the 
                project (referred to in this subsection as a `covered 
                pipeline facility'), the applicability of all or a 
                portion of the requirements under this chapter that 
                would otherwise apply to that owner or operator with 
                respect to the pipeline facility; and
                    ``(B) shall waive, for the period of the project, 
                with respect to the owner or operator that participates 
                in the project, the applicability of any new standard 
                or regulatory requirement that the Secretary 
                promulgates under this chapter during the period of 
                that participation, if the Secretary determines that 
                the risk management plan applicable to the 
                demonstration project provides an overall level of 
                safety that is equivalent to or greater than the level 
                of safety provided by requiring the application of that 
                standard or regulatory requirement.
    ``(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 and regulatory 
        requirements 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;
                    ``(D) the promotion of community awareness 
                concerning how the overall level of safety will be 
                enhanced by the demonstration project;
                    ``(E) the development of a model that categorizes 
                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 the model 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 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 
                        and regulatory requirements contained in this 
                        chapter or promulgated by the Secretary under 
                        this chapter; and
                    ``(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
            ``(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.--In the case of an emergency that meets the 
criteria described in section 60112(e), the Secretary may suspend or 
revoke the participation of an owner or operator in the demonstration 
project under this section.
    ``(d) Participation by State Authority.--Notwithstanding any other 
provision of this chapter, in carrying out the demonstration project 
under this section, the Secretary may provide for the participation in 
the demonstration project by a State that has in effect a certification 
that has been approved by the Secretary under section 60105.
    ``(e) Report.--Not later than March 31, 1999, 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.''.
    (b) 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) in subsection (a)(1), by striking ``transporting gas or 
        hazardous liquid or'' each place it appears;
            (2) in subsection (b)(2), by striking the second sentence;
            (3) in the heading to subsection (c), by striking 
        ``Navigable Waters'' 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 VALUES.

    Section 60110 is amended--
            (1) in subsection (b)--
                    (A) in the first sentence, by inserting ``, if 
                any,'' after ``circumstances''; and
                    (B) in paragraph (4), by inserting ``, operating, 
                and maintaining'' after ``cost of installing'';
            (2) in subsection (c)(1)(C), by inserting ``, maintenance, 
        and replacement'' after ``installation''; and
            (3) in subsection (e), by inserting after the first 
        sentence 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 ``(a) Maintenance Information.--''; and
            (2) by striking subsection (b).

 SEC. 10. UNDERGROUND FACILITY DAMAGE PREVENTION PROGRAMS.

    (a) Application.--Section 60114(a) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``one-call notification system'' and inserting ``underground 
        facility damage prevention program (hereafter in this 
        subsection referred to as a `program')'';
            (2) in paragraph (1)--
                    (A) by striking ``the system apply to''; and
                    (B) by inserting before the period the following: 
                ``be covered by the program'';
            (3) in each of paragraphs (2), (4), (5), (6), and (8), by 
        striking ``system'' each place it appears and inserting 
        ``program'';
            (4) in paragraph (3), by striking ``appropriate one-call 
        notification system'' and inserting ``appropriate program'';
            (5) in paragraph (4), by striking ``qualifications'' and 
        inserting ``Qualifications'';
            (6) in paragraph (5), by striking ``procedures'' and 
        inserting ``Procedures''; and
            (7) in each of paragraphs (1), (2), (3), (6), (7), (8), and 
        (9), by striking ``a'' the first place it appears and inserting 
        ``A''.
    (b) Sanctions.--Section 60114(a)(9), as amended by subsection 
(a)(7), is further amended by striking ``60120, 60122, and 60123'' and 
inserting ``60120 and 60122''.
    (c) Grants.--Section 60114(b) is amended by striking ``one-call 
notification system'' and inserting ``underground facility damage 
prevention program''.
    (d) Apportionment.--Section 60114(d) is amended by striking ``one-
call notification system'' each place it appears and inserting 
``underground facility damage prevention program''.
    (e) Conforming Amendments.--
            (1) Section heading.--The heading to section 60114 is 
        amended to read as follows:
``Sec. 60114. Underground facility damage prevention programs''.
            (2) Chapter analysis.--The analysis for chapter 601 is 
        amended by striking the item relating to section 60114 and 
        inserting the following item:

``60114. Underground facility damage prevention programs.''.

 SEC. 11. 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 
Pipeline Safety Act of 1995) as meeting any peer review requirements of 
such laws.''.
    (b) Composition and Appointment.--Section 60115(b) is amended--
            (1) in paragraph (1), by inserting ``or risk management'' 
        before the period at the end of the last sentence;
            (2) in paragraph (2), by inserting ``or risk management'' 
        before the period at the end of the last sentence;
            (3) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``4'' and 
                inserting ``5''; and
                    (B) in subparagraph (C), by striking ``6'' and 
                inserting ``5''; and
            (4) in paragraph (4)--
                    (A) in subparagraph (A), by adding at the end the 
                following: ``At least 1 of the individuals selected for 
                each committee under paragraph (3)(A) shall have 
                relevant scientific education, background, or 
                experience.'';
                    (B) in subparagraph (B), by adding at the end 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
                    (C) in subparagraph (C), by inserting after the 
                first sentence 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 ``or regulatory requirement'' after 
        ``standard'' each place it appears in paragraphs (1), (2), and 
        (3);
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by inserting ``, including 
                the risk assessment document and other analyses 
                supporting each proposed standard or regulatory 
                requirement'' before the semicolon; and
                    (B) in subparagraph (B), by inserting ``, including 
                the risk assessment document and other analyses 
                supporting each proposed standard or regulatory 
                requirement'' before the period; and
            (3) in paragraph (2)--
                    (A) in the first sentence--
                            (i) by inserting ``and supporting 
                        analyses'' before the first comma;
                            (ii) by inserting ``and submit to the 
                        Secretary'' after ``prepare'';
                            (iii) by inserting ``cost-effectiveness,'' 
                        after ``reasonableness,''; and
                            (iv) by inserting ``and include in the 
                        report recommended actions'' before the period 
                        at the end; and
                    (B) in the second sentence, by inserting ``any 
                recommended actions and'' after ``including''.
    (d) Proposed Committee Standards and Regulatory Requirements.--
Section 60115(d)(1) is amended by inserting ``or regulatory 
requirement'' after ``standard'' each place it appears.
    (e) Meetings.--Section 60115(e) is amended by striking ``twice'' 
and inserting ``4 times''.
    (f) Expenses.--Section 60115(f) is amended--
            (1) in the subsection heading by striking ``Pay and'';
            (2) by striking the first 2 sentences; and
            (3) by inserting ``of a committee under this section'' 
        after ``A member''.

SEC. 12. 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 an underground facility 
        damage prevention program prior to excavation,'' after 
        ``educate the public on''; and
            (3) by inserting a comma after ``gas leaks''.

SEC. 13. ADMINISTRATIVE.

    Section 60117 is amended by adding at the end the following new 
subsection:
    ``(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.''.

 SEC. 14. COMPLIANCE AND WAIVERS.

    Section 60118 is amended by adding at the end the following new 
subsection:
    ``(e) Compliance With Risk Management Plans.--The owners and 
operators of pipeline facilities that participate in the demonstration 
project under section 60126 shall, during the applicable period of 
participation in the program, be considered to be in compliance with 
any prescribed safety standard or regulatory requirement that is 
covered by a plan that is approved by the Secretary under section 
60126.''.

SEC. 15. 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 and does not report the 
                damage promptly to the operator of the pipeline 
                facility and to other appropriate authorities; or''.

 SEC. 16. BIANNUAL REPORTS.

    (a) Biannual Reports.--
            (1) Section heading.--The section heading of section 60124 
        is amended to read as follows:
``Sec. 60124. Biannual reports''.
            (2) Reports.--Section 60124(a) is amended by striking the 
        first sentence and inserting the following:
    ``(a) Submission and Comments.--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.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by striking the item relating to section 60124 and inserting the 
following:

``60124. Biannual reports.''.

SEC. 17. POPULATION ENCROACHMENT.

    (a) In General.--Chapter 601, as amended by section 5, is further 
amended by adding at the end the following new section:
``Sec. 60127. Population encroachment
    ``(a) Land Use Recommendations.--The Secretary of Transportation 
shall make available to an appropriate official of each State, as 
determined by the Secretary, the land use recommendations of the 
special report numbered 219 of the Transportation Research Board, 
entitled `Pipelines and Public Safety'.
    ``(b) Evaluation.--The Secretary shall--
            ``(1) evaluate the recommendations in the report referred 
        to in subsection (a);
            ``(2) determine to what extent the recommendations are 
        being implemented;
            ``(3) consider ways to improve the implementation of the 
        recommendations; and
            ``(4) consider other initiatives to further improve 
        awareness of local planning and zoning entities regarding 
        issues involved with population encroachment in proximity to 
        the rights-of-way of any interstate gas pipeline facility or 
        interstate hazardous liquid pipeline facility.''.
    (b) Conforming Amendment.--The analysis for chapter 601 is amended 
by inserting after the item relating to section 60126 the following:

``60127. Population encroachment.''.

SEC. 18. USER FEES.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Transportation shall transmit to the Congress a 
report analyzing the 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.

SEC. 19. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

    (a) Amendment.--Chapter 601, as amended by section 17, is further 
amended by adding at the end the following new section:
``Sec. 60128. Dumping within pipeline rights-of-way
    ``(a) Prohibition.--No person shall excavate for the purpose of 
unauthorized disposal within the right-of-way of an interstate gas 
pipeline facility or interstate hazardous liquid pipeline facility, or 
any other limited area in the vicinity of any such interstate pipeline 
facility established by the Secretary of Transportation, and dispose 
solid waste therein.
    ``(b) Definition.--For purposes of this section, the term `solid 
waste' has the meaning given that term in section 1004(27) of the Solid 
Waste Disposal Act (42 U.S.C. 6903(27)).''.
    (b) Conforming Amendments.--
            (1) Cross-reference.--Sections 60122 and 60123 are each 
        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. 20. 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. 21. TECHNICAL CORRECTIONS.

    (a) Section 60105.--The heading to section 60105 is amended by 
inserting ``pipeline safety program'' after ``State''.
    (b) Section 60106.--The heading to section 60106 is amended by 
inserting ``pipeline safety'' after ``State''.
    (c) Section 60107.--The heading to section 60107 is amended by 
inserting ``pipeline safety'' after ``State''.
    (d) Chapter Analysis.--The analysis for chapter 601 is amended--
            (1) in the item relating to section 60105, by inserting 
        ``pipeline safety program'' after ``State'';
            (2) in the item relating to section 60106, by inserting 
        ``pipeline safety'' after ``State''; and
            (3) in the item relating to section 60107, by inserting 
        ``pipeline safety'' after ``State''.

 SEC. 22. 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) $9,936,000 for fiscal year 1996;
            ``(2) $10,512,000 for fiscal year 1997;
            ``(3) $11,088,000 for fiscal year 1998; and
            ``(4) $11,664,000 for fiscal year 1999.''; and
            (2) by striking subsection (b).
    (b) State Grants.--Section 60125(c)(1) is amended by adding at the 
end the following:
            ``(D) $10,764,000 for fiscal year 1996.
            ``(E) $11,388,000 for fiscal year 1997.
            ``(F) $12,012,000 for fiscal year 1998.
            ``(G) $12,636,000 for fiscal year 1999.''.
                                 <all>
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