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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1505 Enrolled Bill (ENR)]

        S.1505

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                                 An Act

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountable Pipeline Safety and 
Partnership Act of 1996''.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 60101(a) is amended--
        (1) by striking the periods at the end of paragraphs (1) 
    through (22) and inserting semicolons;
        (2) by striking paragraph (21)(B) and inserting the following:
            ``(B) does not include the gathering of gas, other than 
        gathering through regulated gathering lines, in those rural 
        locations that are located outside the limits of any 
        incorporated or unincorporated city, town, or village, or any 
        other designated residential or commercial area (including a 
        subdivision, business, shopping center, or community 
        development) or any similar populated area that the Secretary 
        of Transportation determines to be a nonrural area, except that 
        the term `transporting gas' includes the movement of gas 
        through regulated gathering lines;''; and
        (3) by adding at the end the following:
        ``(23) `risk management' means the systematic application, by 
    the owner or operator of a pipeline facility, of management 
    policies, procedures, finite resources, and practices to the tasks 
    of identifying, analyzing, assessing, reducing, and controlling 
    risk in order to protect employees, the general public, the 
    environment, and pipeline facilities;
        ``(24) `risk management plan' means a management plan utilized 
    by a gas or hazardous liquid pipeline facility owner or operator 
    that encompasses risk management; and
        ``(25) `Secretary' means the Secretary of Transportation.''.
    (b) Gathering Lines.--Section 60101(b)(2) is amended by inserting 
``, if appropriate,'' after ``Secretary'' the first place it appears.

SEC. 4. GENERAL AUTHORITY.

    (a) Minimum Safety Standards.--Section 60102(a) is amended--
        (1) by striking ``transporters of gas and hazardous liquid and 
    to'' in paragraph (1)(A);
        (2) by striking paragraph (1)(C) and inserting the following:
            ``(C) shall include a requirement that all individuals who 
        operate and maintain pipeline facilities shall be qualified to 
        operate and maintain the pipeline facilities.''; and
         (3) by striking paragraph (2) and inserting the following:
        ``(2) The qualifications applicable to an individual who 
    operates and maintains a pipeline facility shall address the 
    ability to recognize and react appropriately to abnormal operating 
    conditions that may indicate a dangerous situation or a condition 
    exceeding design limits. The operator of a pipeline facility shall 
    ensure that employees who operate and maintain the facility are 
    qualified to operate and maintain the pipeline facilities.''.
    (b) Practicability and Safety Needs Standards.--Section 60102(b) is 
amended to read as follows:
    ``(b) Practicability and Safety Needs Standards.--
        ``(1) In general.--A standard prescribed under subsection (a) 
    shall be--
            ``(A) practicable; and
            ``(B) designed to meet the need for--
                ``(i) gas pipeline safety, or safely transporting 
            hazardous liquids, as appropriate; and
                ``(ii) protecting the environment.
        ``(2) Factors for consideration.--When prescribing any standard 
    under this section or section 60101(b), 60103, 60108, 60109, 60110, 
    or 60113, the Secretary shall consider--
            ``(A) relevant available--
                ``(i) gas pipeline safety information;
                ``(ii) hazardous liquid pipeline safety information; 
            and
                ``(iii) environmental information;
            ``(B) the appropriateness of the standard for the 
        particular type of pipeline transportation or facility;
            ``(C) the reasonableness of the standard;
            ``(D) based on a risk assessment, the reasonably 
        identifiable or estimated benefits expected to result from 
        implementation or compliance with the standard;
            ``(E) based on a risk assessment, the reasonably 
        identifiable or estimated costs expected to result from 
        implementation or compliance with the standard;
            ``(F) comments and information received from the public; 
        and
            ``(G) the comments and recommendations of the Technical 
        Pipeline Safety Standards Committee, the Technical Hazardous 
        Liquid Pipeline Safety Standards Committee, or both, as 
        appropriate.
        ``(3) Risk assessment.--In conducting a risk assessment 
    referred to in subparagraphs (D) and (E) of paragraph (2), the 
    Secretary shall--
            ``(A) identify the regulatory and nonregulatory options 
        that the Secretary considered in prescribing a proposed 
        standard;
            ``(B) identify the costs and benefits associated with the 
        proposed standard;
            ``(C) include--
                ``(i) an explanation of the reasons for the selection 
            of the proposed standard in lieu of the other options 
            identified; and
                ``(ii) with respect to each of those other options, a 
            brief explanation of the reasons that the Secretary did not 
            select the option; and
            ``(D) identify technical data or other information upon 
        which the risk assessment information and proposed standard is 
        based.
        ``(4) Review.--
            ``(A) In general.--The Secretary shall--
                ``(i) submit any risk assessment information prepared 
            under paragraph (3) of this subsection to the Technical 
            Pipeline Safety Standards Committee, the Technical 
            Hazardous Liquid Pipeline Safety Standards Committee, or 
            both, as appropriate; and
                ``(ii) make that risk assessment information available 
            to the general public.
            ``(B) Peer review panels.--The committees referred to in 
        subparagraph (A) shall serve as peer review panels to review 
        risk assessment information prepared under this section. Not 
        later than 90 days after receiving risk assessment information 
        for review pursuant to subparagraph (A), each committee that 
        receives that risk assessment information shall prepare and 
        submit to the Secretary a report that includes--
                ``(i) an evaluation of the merit of the data and 
            methods used; and
                ``(ii) any recommended options relating to that risk 
            assessment information and the associated standard that the 
            committee determines to be appropriate.
            ``(C) Review by secretary.--Not later than 90 days after 
        receiving a report submitted by a committee under subparagraph 
        (B), the Secretary--
                ``(i) shall review the report;
                ``(ii) shall provide a written response to the 
            committee that is the author of the report concerning all 
            significant peer review comments and recommended 
            alternatives contained in the report; and
                ``(iii) may revise the risk assessment and the proposed 
            standard before promulgating the final standard.
        ``(5) Secretarial decisionmaking.--Except where otherwise 
    required by statute, the Secretary shall propose or issue a 
    standard under this Chapter only upon a reasoned determination that 
    the benefits of the intended standard justify its costs.
        ``(6) Exceptions from application.--The requirements of 
    subparagraphs (D) and (E) of paragraph (2) do not apply when--
            ``(A) the standard is the product of a negotiated 
        rulemaking, or other rulemaking including the adoption of 
        industry standards that receives no significant adverse comment 
        within 60 days of notice in the Federal Register;
            ``(B) based on a recommendation (in which three-fourths of 
        the members voting concur) by the Technical Pipeline Safety 
        Standards Committee, the Technical Hazardous Liquid Pipeline 
        Safety Standards Committee, or both, as applicable, the 
        Secretary waives the requirements; or
            ``(C) the Secretary finds, pursuant to section 553(b)(3)(B) 
        of title 5, United States Code, that notice and public 
        procedure are not required.
        ``(7) Report.--Not later than March 31, 2000, the Secretary 
    shall transmit to the Congress a report that--
            ``(A) describes the implementation of the risk assessment 
        requirements of this section, including the extent to which 
        those requirements have affected regulatory decisionmaking and 
        pipeline safety; and
            ``(B) includes any recommendations that the Secretary 
        determines would make the risk assessment process conducted 
        pursuant to the requirements under this chapter a more 
        effective means of assessing the benefits and costs associated 
        with alternative regulatory and nonregulatory options in 
        prescribing standards under the Federal pipeline safety 
        regulatory program under this chapter.''.
    (c) Facility Operation Information Standards.--The first sentence 
of section 60102(d) is amended--
        (1) by inserting ``as required by the standards prescribed 
    under this chapter'' after ``operating the facility'';
        (2) by striking ``to provide the information'' and inserting 
    ``to make the information available''; and
        (3) by inserting ``as determined by the Secretary'' after ``to 
    the Secretary and an appropriate State official''.
    (d) Pipe Inventory Standards.--The first sentence of section 
60102(e) is amended--
        (1) by striking ``and, to the extent the Secretary considers 
    necessary, an operator of a gathering line that is not a regulated 
    gather line (as defined under section 60101(b)(2) of this 
    title),''; and
        (2) by striking ``transmission'' and inserting 
    ``transportation''.
    (e) Smart Pigs.--
        (1) Minimum safety standards.--Section 60102(f) is amended by 
    striking paragraph (1) and inserting the following:
        ``(1) Minimum safety standards.--The Secretary shall prescribe 
    minimum safety standards requiring that--
            ``(A) the design and construction of new natural gas 
        transmission pipeline or hazardous liquid pipeline facilities, 
        and
            ``(B) when the replacement of existing natural gas 
        transmission pipeline or hazardous liquid pipeline facilities 
        or equipment is required, the replacement of such existing 
        facilities be carried out, to the extent practicable, in a 
        manner so as to accommodate the passage through such natural 
        gas transmission pipeline or hazardous liquid pipeline 
        facilities of instrumented internal inspection devices 
        (commonly referred to as `smart pigs'). The Secretary may 
        extend such standards to require existing natural gas 
        transmission pipeline or hazardous liquid pipeline facilities, 
        whose basic construction would accommodate an instrumented 
        internal inspection device to be modified to permit the 
        inspection of such facilities with instrumented internal 
        inspection devices.''.
        (2) Periodic inspections.--Section 60102(f)(2) is amended--
             (A) by striking ``(2) Not later than'' and inserting the 
        following:
        ``(2) Periodic inspections.--Not later than''; and
            (B) by inserting ``, if necessary, additional'' after ``the 
        Secretary shall prescribe''.
    (f) Updating Standards.--Section 60102 is amended by adding at the 
end the following:
    ``(l) Updating Standards.--The Secretary shall, to the extent 
appropriate and practicable, update incorporated industry standards 
that have been adopted as part of the Federal pipeline safety 
regulatory program under this chapter.''.
    (g) Mapping.--Section 60102(c) is amended by adding at the end 
thereof the following:
        ``(4) Promoting public awareness.--
            ``(A) Not later than one year after the date of enactment 
        of the Accountable Pipeline Safety and Accountability Act of 
        1996, and annually thereafter, the owner or operator of each 
        interstate gas pipeline facility shall provide to the governing 
        body of each municipality in which the interstate gas pipeline 
        facility is located, a map identifying the location of such 
        facility.
            ``(B)(i) Not later than June 1, 1998, the Secretary shall 
        survey and assess the public education programs under section 
        60116 and the public safety programs under section 60102(c) and 
        determine their effectiveness and applicability as components 
        of a model program. In particular, the survey shall include the 
        methods by which operators notify residents of the location of 
        the facility and its right of way, public information regarding 
        existing One-Call programs, and appropriate procedures to be 
        followed by residents of affected municipalities in the event 
        of accidents involving interstate gas pipeline facilities.
            ``(ii) Not later than one year after the survey and 
        assessment are completed, the Secretary shall institute a 
        rulemaking to determine the most effective public safety and 
        education program components and promulgate if appropriate, 
        standards implementing those components on a nationwide basis. 
        In the event that the Secretary finds that promulgation of such 
        standards are not appropriate, the Secretary shall report to 
        Congress the reasons for that finding.''.
    (h) Remote Control.--Section 60102(j) is amended by adding at the 
end thereof the following:
        ``(3) Remotely controlled valves.--(A) Not later than June 1, 
    1998, the Secretary shall survey and assess the effectiveness of 
    remotely controlled valves to shut off the flow of natural gas in 
    the event of a rupture of an interstate natural gas pipeline 
    facility and shall make a determination about whether the use of 
    remotely controlled valves is technically and economically feasible 
    and would reduce risks associated with a rupture of an interstate 
    natural gas pipeline facility.
        ``(B) Not later than one year after the survey and assessment 
    are completed, if the Secretary has determined that the use of 
    remotely controlled valves is technically and economically feasible 
    and would reduce risks associated with a rupture of an interstate 
    natural gas pipeline facility, the Secretary shall prescribe 
    standards under which an operator of an interstate natural gas 
    pipeline facility must use a remotely controlled valve. These 
    standards shall include, but not be limited to, requirements for 
    high-density population areas.''.

SEC. 5. RISK MANAGEMENT.

    (a) In General.--Chapter 601 is amended by adding at the end the 
following:

``Sec. 60126. Risk management

    ``(a) Risk Management Program Demonstration Projects.--
        ``(1) In general.--The Secretary shall establish risk 
    management demonstration projects--
            ``(A) to demonstrate, through the voluntary participation 
        by owners and operators of gas pipeline facilities and 
        hazardous liquid pipeline facilities, the application of risk 
        management; and
            ``(B) to evaluate the safety and cost-effectiveness of the 
        program.
        ``(2) Exemptions.--In carrying out a demonstration project 
    under this subsection, the Secretary, by order--
            ``(A) may exempt an owner or operator of the pipeline 
        facility covered under the project (referred to in this 
        subsection as a `covered pipeline facility'), from the 
        applicability of all or a portion of the requirements under 
        this chapter that would otherwise apply to the covered pipeline 
        facility; and
            ``(B) shall exempt, for the period of the project, an owner 
        or operator of the covered pipeline facility, from the 
        applicability of any new standard that the Secretary 
        promulgates under this chapter during the period of that 
        participation, with respect to the covered facility.
    ``(b) Requirements.--In carrying out a demonstration project under 
this section, the Secretary shall--
        ``(1) invite owners and operators of pipeline facilities to 
    submit risk management plans for timely approval by the Secretary;
        ``(2) require, as a condition of approval, that a risk 
    management plan submitted under this subsection contain measures 
    that are designed to achieve an equivalent or greater overall level 
    of safety than would otherwise be achieved through compliance with 
    the standards contained in this chapter or promulgated by the 
    Secretary under this chapter;
        ``(3) provide for--
            ``(A) collaborative government and industry training;
            ``(B) methods to measure the safety performance of risk 
        management plans;
            ``(C) the development and application of new technologies;
            ``(D) the promotion of community awareness concerning how 
        the overall level of safety will be maintained or enhanced by 
        the demonstration project;
            ``(E) the development of models that categorize the risks 
        inherent to each covered pipeline facility, taking into 
        consideration the location, volume, pressure, and material 
        transported or stored by that pipeline facility;
            ``(F) the application of risk assessment and risk 
        management methodologies that are suitable to the inherent 
        risks that are determined to exist through the use of models 
        developed under subparagraph (E);
            ``(G) the development of project elements that are 
        necessary to ensure that--
                ``(i) the owners and operators that participate in the 
            demonstration project demonstrate that they are effectively 
            managing the risks referred to in subparagraph (E); and
                ``(ii) the risk management plans carried out under the 
            demonstration project under this subsection can be audited;
            ``(H) a process whereby an owner or operator of a pipeline 
        facility is able to terminate a risk management plan or, with 
        the approval of the Secretary, to amend, modify, or otherwise 
        adjust a risk management plan referred to in paragraph (1) that 
        has been approved by the Secretary pursuant to that paragraph 
        to respond to--
                ``(i) changed circumstances; or
                ``(ii) a determination by the Secretary that the owner 
            or operator is not achieving an overall level of safety 
            that is at least equivalent to the level that would 
            otherwise be achieved through compliance with the standards 
            contained in this chapter or promulgated by the Secretary 
            under this chapter;
            ``(I) such other elements as the Secretary, with the 
        agreement of the owners and operators that participate in the 
        demonstration project under this section, determines to further 
        the purposes of this section; and
            ``(J) an opportunity for public comment in the approval 
        process; and
        ``(4) in selecting participants for the demonstration project, 
    take into consideration the past safety and regulatory performance 
    of each applicant who submits a risk management plan pursuant to 
    paragraph (1).
    ``(c) Emergencies and Revocations.--Nothing in this section 
diminishes or modifies the Secretary's authority under this title to 
act in case of an emergency. The Secretary may revoke any exemption 
granted under this section for substantial noncompliance with the terms 
and conditions of an approved risk management plan.
    ``(d) Participation by State Authority.--In carrying out this 
section, the Secretary may provide for consultation by a State that has 
in effect a certification under section 60105. To the extent that a 
demonstration project comprises an intrastate natural gas pipeline or 
an intrastate hazardous liquid pipeline facility, the Secretary may 
make an agreement with the State agency to carry out the duties of the 
Secretary for approval and administration of the project.
    ``(e) Report.--Not later than March 31, 2000, the Secretary shall 
transmit to the Congress a report on the results of the demonstration 
projects carried out under this section that includes--
        ``(1) an evaluation of each such demonstration project, 
    including an evaluation of the performance of each participant in 
    that project with respect to safety and environmental protection; 
    and
        ``(2) recommendations concerning whether the applications of 
    risk management demonstrated under the demonstration project should 
    be incorporated into the Federal pipeline safety program under this 
    chapter on a permanent basis.''.
    (f) Conforming Amendment.--The analysis for chapter 601 is amended 
by adding at the end the following:
``60126. Risk management.''.

SEC. 6. INSPECTION AND MAINTENANCE.

    Section 60108 is amended--
        (1) by striking ``transporting gas or hazardous liquid or'' in 
    subsection (a)(1) each place it appears;
        (2) by striking the second sentence in subsection (b)(2);
        (3) by striking ``Navigable Waters'' in the heading for 
    subsection (c) and inserting ``Other Waters''; and
        (4) by striking clause (ii) of subsection (c)(2)(A) and 
    inserting the following:
                ``(ii) any other pipeline facility crossing under, 
            over, or through waters where a substantial likelihood of 
            commercial navigation exists, if the Secretary decides that 
            the location of the facility in those waters could pose a 
            hazard to navigation or public safety.''.
SEC. 7. HIGH-DENSITY POPULATION AREAS AND ENVIRONMENTALLY SENSITIVE 
AREAS.
    (a) Identification.--Section 60109(a)(1)(B)(i) is amended by 
striking ``a navigable waterway (as the Secretary defines by 
regulation)'' and inserting ``waters where a substantial likelihood of 
commercial navigation exists''.
    (b) Unusually Sensitive Areas.--Section 60109(b) is amended to read 
as follows:
    ``(b) Areas To Be Included as Unusually Sensitive.--When describing 
areas that are unusually sensitive to environmental damage if there is 
a hazardous liquid pipeline accident, the Secretary shall consider 
areas where a pipeline rupture would likely cause permanent or long-
term environmental damage, including--
        ``(1) locations near pipeline rights-of-way that are critical 
    to drinking water, including intake locations for community water 
    systems and critical sole source aquifer protection areas; and
        ``(2) locations near pipeline rights-of-way that have been 
    identified as critical wetlands, riverine or estuarine systems, 
    national parks, wilderness areas, wildlife preservation areas or 
    refuges, wild and scenic rivers, or critical habitat areas for 
    threatened and endangered species.''.

SEC. 8. EXCESS FLOW VALVES.

    Section 60110 is amended--
        (1) by inserting ``, if any,'' in the first sentence of 
    subsection (b)(1) after ``circumstances'';
        (2) by inserting ``, operating, and maintaining'' in subsection 
    (b)(4) after ``cost of installing'';
        (3) by inserting ``, maintenance, and replacement'' in 
    subsection (c)(1)(C) after ``installation''; and
        (4) by inserting after the first sentence in subsection (e) the 
    following: ``The Secretary may adopt industry accepted performance 
    standards in order to comply with the requirement under the 
    preceding sentence.''.

SEC. 9. CUSTOMER-OWNED NATURAL GAS SERVICE LINES.

     Section 60113 is amended--
        (1) by striking the caption of subsection (a); and
        (2) by striking subsection (b).

SEC. 10. TECHNICAL SAFETY STANDARDS COMMITTEES.

    (a) Peer Review.--Section 60115(a) is amended by adding at the end 
the following: ``The committees referred to in the preceding sentence 
shall serve as peer review committees for carrying out this chapter. 
Peer reviews conducted by the committees shall be treated for purposes 
of all Federal laws relating to risk assessment and peer review 
(including laws that take effect after the date of the enactment of the 
Accountable Pipeline Safety and Partnership Act of 1996) as meeting any 
peer review requirements of such laws.''.
    (b) Composition and Appointment.--Section 60115(b) is amended--
        (1) by inserting ``or risk management principles'' in paragraph 
    (1) before the period at the end;
        (2) by inserting ``or risk management principles'' in paragraph 
    (2) before the period at the end;
        (3) by striking ``4'' in paragraph (3)(B) and inserting ``5'';
        (4) by striking ``6'' in paragraph (3)(C) and inserting ``5'';
        (5) by adding at the end of paragraph (4)(B) the following: 
    ``At least 1 of the individuals selected for each committee under 
    paragraph (3)(B) shall have education, background, or experience in 
    risk assessment and cost-benefit analysis. The Secretary shall 
    consult with the national organizations representing the owners and 
    operators of pipeline facilities before selecting individuals under 
    paragraph (3)(B).''; and
        (6) by inserting after the first sentence of paragraph (4)(C) 
    the following: ``At least 1 of the individuals selected for each 
    committee under paragraph (3)(C) shall have education, background, 
    or experience in risk assessment and cost-benefit analysis.''.
    (c) Committee Reports.--Section 60115(c) is amended--
        (1) by inserting ``including the risk assessment information 
    and other analyses supporting each proposed standard'' before the 
    semicolon in paragraph (1)(A);
        (2) by inserting ``including the risk assessment information 
    and other analyses supporting each proposed standard'' before the 
    period in paragraph (1)(B);
        (3) by inserting ``and supporting analyses'' before the first 
    comma in the first sentence of paragraph (2);
        (4) by inserting ``and submit to the Secretary'' in the first 
    sentence of paragraph (2) after ``prepare'';
        (5) by inserting ``cost-effectiveness,'' in the first sentence 
    of paragraph (2) after ``reasonableness,''; and
        (6) by inserting ``and include in the report recommended 
    actions'' before the period at the end of the first sentence of 
    paragraph (2); and
        (7) by inserting ``any recommended actions and'' in the second 
    sentence of paragraph (2) after ``including''.
    (d) Meetings.--Section 60115(e) is amended by striking ``twice'' 
and inserting ``up to 4 times''.
    (e) Expenses.--Section 60115(f) is amended--
        (1) by striking ``Pay and'' in the subsection heading;
        (2) by striking the first 2 sentences; and
        (3) by inserting ``of a committee under this section'' after 
    ``A member''.

SEC. 11. PUBLIC EDUCATION PROGRAMS.

    Section 60116 is amended--
        (1) by striking ``person transporting gas'' and inserting 
    ``owner or operator of a gas pipeline facility'';
        (2) by inserting ``the use of a one-call notification system 
    prior to excavation,'' after ``educate the public on''; and
        (3) by inserting a comma after ``gas leaks''.

SEC. 12. ADMINISTRATIVE.

    Section 60117 is amended--
        (1) by adding at the end of subsection (b) the following: ``The 
    Secretary may require owners and operators of gathering lines to 
    provide the Secretary information pertinent to the Secretary's 
    ability to make a determination as to whether and to what extent to 
    regulate gathering lines.'';
        (2) by adding at the end thereof the following:
    ``(k) Authority for Cooperative Agreements.--To carry out this 
chapter, the Secretary may enter into grants, cooperative agreements, 
and other transactions with any person, agency, or instrumentality of 
the United States, any unit of State or local government, any 
educational institution, or any other entity to further the objectives 
of this chapter. The objectives of this chapter include the 
development, improvement, and promotion of one-call damage prevention 
programs, research, risk assessment, and mapping.''; and
        (3) by striking ``transporting gas or hazardous liquid'' in 
    subsection (b) and inserting ``owning''.

SEC. 13. COMPLIANCE.

    (a) Section 60118 (a) is amended--
        (1) by striking ``transporting gas or hazardous liquid or'' in 
    subsection (a); and
        (2) by striking paragraph (1) and inserting the following:
        ``(1) comply with applicable safety standards prescribed under 
    this chapter, except as provided in this section or in section 
    60126;''.
    (b) Section 60118 (b) is amended to read as follows:
    ``(b) Compliance Orders.--The Secretary of Transportation may issue 
orders directing compliance with this chapter, an order under section 
60126, or a regulation prescribed under this chapter. An order shall 
state clearly the action a person must take to comply.''.
    (c) Section 60118(c) is amended by striking ``transporting gas or 
hazardous liquid'' and inserting ``owning''.

SEC. 14. DAMAGE REPORTING.

    Section 60123(d)(2) is amended--
        (1) by striking ``or'' at the end of subparagraph (A);
        (2) by redesignating subparagraph (B) as subparagraph (C); and
        (3) by inserting after subparagraph (A) the following:
            ``(B) a pipeline facility that does not report the damage 
        promptly to the operator of the pipeline facility and to other 
        appropriate authorities; or''.

SEC. 15. BIENNIAL REPORTS.

    (a) Biennial Reports.--
        (1) Section heading.--The section heading of section 60124 is 
    amended to read as follows:

``Sec. 60124. Biennial reports''.

        (2) Reports.--Section 60124(a) is amended by striking the first 
    sentence and inserting the following: ``Not later than August 15, 
    1997, and every 2 years thereafter, the Secretary of Transportation 
    shall submit to Congress a report on carrying out this chapter for 
    the 2 immediately preceding calendar years for gas and a report on 
    carrying out this chapter for such period for hazardous liquid.''.
    (c) Conforming Amendment.--The analysis for chapter 601 is amended 
by striking the item relating to section 60124 and inserting the 
following:
``60124. Biennial reports.''.

SEC. 16. POPULATION ENCROACHMENT.

    (a) In General.--Chapter 601, as amended by section 5, is further 
amended by adding at the end the following new section:

``Sec. 60127. Population encroachment

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

SEC. 17. USER FEES.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Transportation shall transmit 
to the Congress a report analyzing the present assessment of pipeline 
safety user fees solely on the basis of mileage to determine whether--
        (1) that measure of the resources of the Department of 
    Transportation is the most appropriate measure of the resources 
    used by the Department of Transportation in the regulation of 
    pipeline transportation; or
        (2) another basis of assessment would be a more appropriate 
    measure of those resources.
    (b) Considerations.--In making the report, the Secretary shall 
consider a wide range of assessment factors and suggestions and 
comments from the public.

SEC. 18. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY.

    (a) Amendment.--Chapter 601, as amended by section 16, is further 
amended by adding at the end the following new section:

``Sec. 60128. Dumping within pipeline rights-of-way

    ``(a) Prohibition.--No person shall excavate for the purpose of 
unauthorized disposal within the right-of-way of an interstate gas 
pipeline facility or interstate hazardous liquid pipeline facility, or 
any other limited area in the vicinity of any such interstate pipeline 
facility established by the Secretary of Transportation, and dispose 
solid waste therein.
    ``(b) Definition.--For purposes of this section, the term `solid 
waste' has the meaning given that term in section 1004(27) of the Solid 
Waste Disposal Act (42 U.S.C. 6903(27)).''.
    (b) Conforming Amendments.--
        (1) Cross-reference.--Section 60123(a) is amended by striking 
    ``or 60118(a)'' and inserting ``, 60118(a), or 60128''.
        (2) Chapter analysis.--The analysis for chapter 601 is amended 
    by adding at the end the following new item:
``60128. Dumping within pipeline rights-of-way.''.

SEC. 19. PREVENTION OF DAMAGE TO PIPELINE FACILITIES.

    Section 60117(a) is amended by inserting after ``and training 
activities'' the following: ``and promotional activities relating to 
prevention of damage to pipeline facilities''.

SEC. 20. TECHNICAL CORRECTIONS.

    (a) Section 60105.--The heading for section 60105 is amended by 
inserting ``pipeline safety program'' after ``State''.
    (b) Section 60106.--The heading for section 60106 is amended by 
inserting ``pipeline safety'' after ``State''.
    (c) Section 60107.--The heading for section 60107 is amended by 
inserting ``pipeline safety'' after ``State''.
    (d) Section 60114.--Section 60114 is amended--
        (1) by striking ``60120, 60122, and 60123'' in subsection 
    (a)(9) and inserting ``60120 and 60122'';
        (2) by striking subsections (b) and (d); and
        (3) by redesignating subsections (c) and (e) as subsections (b) 
    and (d), respectively.
    (e) Chapter Analysis.--The analysis for chapter 601 is amended--
        (1) by inserting ``pipeline safety program'' in the item 
    relating to section 60105 after ``State'';
        (2) by inserting ``pipeline safety'' in the item relating to 
    section 60106 after ``State''; and
        (3) by inserting ``pipeline safety'' in the item relating to 
    section 60107 after ``State''.
    (f) Section 60101.--Section 60101(b) is amended by striking 
``define by regulation'' each place it appears and inserting 
``prescribe standards defining''.
    (g) Section 60102.--Section 60102 is amended by striking 
``regulations'' each place it appears in subsections (f)(2), (i), and 
(j)(2) and inserting ``standards''.
    (h) Section 60108.--Section 60108 is amended--
        (1) by striking ``regulations'' in subsections (c)(2)(B), 
    (c)(4)(B), and (d)(3) and inserting ``standards''; and
        (2) by striking ``require by regulation'' in subsection 
    (c)(4)(A) and inserting ``establish a standard''.
    (i) Section 60109.--Section 60109(a) is amended by striking 
``regulations'' and inserting ``standards''.
    (j) Section 60110.--Section 60110 is amended by striking 
``regulations'' in subsections (b), (c)(1), and (c)(2) and inserting 
``standards''.
    (k) Section 60113.--Section 60113(a) is amended by striking 
``regulations'' and inserting ``standards''.

SEC. 21. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125 is amended--
        (1) by striking subsection (a) and inserting the following new 
    subsection:
    ``(a) Gas and Hazardous Liquid.--To carry out this chapter (except 
for sections 60107 and 60114(b)) related to gas and hazardous liquid, 
there are authorized to be appropriated to the Department of 
Transportation--
        ``(1) $19,448,000 for fiscal year 1996;
        ``(2) $20,028,000 for fiscal year 1997, of which $14,600,000 is 
    to be derived from user fees for fiscal year 1997 collected under 
    section 60301 of this title;
        ``(3) $20,729,000 for fiscal year 1998, of which $15,100,000 is 
    to be derived from user fees for fiscal year 1998 collected under 
    section 60301 of this title;
        ``(4) $21,442,000 for fiscal year 1999, of which $15,700,000 is 
    to be derived from user fees for fiscal year 1999 collected under 
    section 60301 of this title; and
        ``(5) $22,194,000 for fiscal year 2000, of which $16,300,000 is 
    to be derived from user fees for fiscal year 2000 collected under 
    section 60301 of this title.''.
    (b) State Grants.--Section 60125(c)(1) is amended by adding at the 
end the following:
        ``(D) $12,000,000 for fiscal year 1996.
        ``(E) $14,000,000 for fiscal year 1997, of which $12,500,000 is 
    to be derived from user fees for fiscal year 1997 collected under 
    section 60301 of this title.
        ``(F) $14,490,000 for fiscal year 1998, of which $12,900,000 is 
    to be derived from user fees for fiscal year 1998 collected under 
    section 60301 of this title.
        ``(G) $15,000,000 for fiscal year 1999, of which $13,300,000 is 
    to be derived from user fees for fiscal year 1999 collected under 
    section 60301 of this title.
        ``(H) $15,524,000 for fiscal year 2000, of which $13,700,000 is 
    to be derived from user fees for fiscal year 2000 collected under 
    section 60301 of this title.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```