H. R. 3609—23
‘‘(E) The Director of the Bureau of Land Management.
‘‘(F) The Director of the Minerals Management Service.
‘‘(G) The Assistant Secretary of the Army for Civil
Works.
‘‘(H) The Chairman of the Federal Energy Regulatory
Commission.
‘‘(3) 
EVALUATION.—The 
Interagency 
Committee 
shall
evaluate Federal permitting requirements to which access, exca-
vation, and restoration activities in connection with pipeline
repairs described in paragraph (1) may be subject. As part
of its evaluation, the Interagency Committee shall examine
the access, excavation, and restoration practices of the pipeline
industry in connection with such pipeline repairs, and may
develop a compendium of best practices used by the industry
to access, excavate, and restore the site of a pipeline repair.
‘‘(4) MEMORANDUM OF UNDERSTANDING.—Based upon the
evaluation required under paragraph (3) and not later than
1 year after the date of enactment of this section, the members
of the Interagency Committee shall enter into a memorandum
of understanding to provide for a coordinated and expedited
pipeline repair permit review process to carry out the purpose
set forth in paragraph (1). The Interagency Committee shall
include provisions in the memorandum of understanding identi-
fying those repairs or categories of repairs described in para-
graph (1) for which the best practices identified under para-
graph (3), when properly employed by a pipeline operator,
would result in no more than minimal adverse effects on the
environment and for which discretionary administrative
reviews may therefore be minimized or eliminated. With respect
to pipeline repairs described in paragraph (1) to which the
preceding sentence would not be applicable, the Interagency
Committee shall include provisions to enable pipeline operators
to commence and complete all activities necessary to carry
out pipeline repairs within any time periods specified by rule
by the Secretary. The Interagency Committee shall include
in the memorandum of understanding criteria under which
permits required for such pipeline repair activities should be
prioritized over other less urgent agency permit application
reviews. The Interagency Committee shall not enter into a
memorandum of understanding under this paragraph except
by unanimous agreement of the members of the Interagency
Committee.
‘‘(5) STATE AND LOCAL CONSULTATION.—In carrying out this
subsection, the Interagency Committee shall consult with
appropriate State and local environmental, pipeline safety, and
emergency response officials, and such other officials as the
Interagency Committee considers appropriate.
‘‘(b) IMPLEMENTATION.—Not later than 180 days after the
completion of the memorandum of understanding required under
subsection (a)(4), each agency represented on the Interagency Com-
mittee shall revise its regulations as necessary to implement the
provisions of the memorandum of understanding.
‘‘(c) SAVINGS PROVISIONS; NO PREEMPTION.—Nothing in this
section shall be construed—
‘‘(1) to require a pipeline operator to obtain a Federal
permit, if no Federal permit would otherwise have been
required under Federal law; or
H. R. 3609—24
‘‘(2) to preempt applicable Federal, State, or local environ-
mental law.
‘‘(d) INTERIM OPERATIONAL ALTERNATIVES.—
‘‘(1) IN GENERAL.—Not later than 30 days after the date
of enactment of this section, and subject to the limitations
in paragraph (2), the Secretary of Transportation shall revise
the regulations of the Department, to the extent necessary,
to permit a pipeline operator subject to time periods for repair
specified by rule by the Secretary to implement alternative
mitigation measures until all applicable permits have been
granted.
‘‘(2) LIMITATIONS.—The regulations issued by the Secretary
pursuant to this subsection shall not allow an operator to
implement alternative mitigation measures pursuant to para-
graph (1) unless—
‘‘(A) allowing the operator to implement such measures
would be consistent with the protection of human health,
public safety, and the environment;
‘‘(B) the operator, with respect to a particular repair
project, has applied for and is pursuing diligently and
in good faith all required Federal, State, and local permits
to carry out the project; and
‘‘(C) the proposed alternative mitigation measures are
not incompatible with pipeline safety.
‘‘(e) OMBUDSMAN.—The Secretary shall designate an ombuds-
man to assist in expediting pipeline repairs and resolving disagree-
ments between Federal, State, and local permitting agencies and
the pipeline operator during agency review of any pipeline repair
activity, consistent with protection of human health, public safety,
and the environment.
‘‘(f) STATE AND LOCAL PERMITTING PROCESSES.—The Secretary
shall encourage States and local governments to consolidate their
respective permitting processes for pipeline repair projects subject
to any time periods for repair specified by rule by the Secretary.
The Secretary may request other relevant Federal agencies to pro-
vide technical assistance to States and local governments for the
purpose of encouraging such consolidation.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 601
is amended by adding at the end the following:
‘‘60133. Coordination of environmental reviews.’’.
SEC. 17. NATIONWIDE TOLL-FREE NUMBER SYSTEM.
Within 1 year after the date of the enactment of this Act,
the Secretary of Transportation shall, in conjunction with the Fed-
eral Communications Commission, facility operators, excavators,
and one-call notification system operators, provide for the establish-
ment of a 3-digit nationwide toll-free telephone number system
to be used by State one-call notification systems.
SEC. 18. IMPLEMENTATION OF INSPECTOR GENERAL RECOMMENDA-
TIONS.
(a) IN GENERAL.—Except as otherwise required by this Act,
the Secretary of Transportation shall implement the safety improve-
ment recommendations provided for in the Department of Transpor-
tation Inspector General’s Report (RT–2000–069).
(b) REPORTS BY THE SECRETARY.—Not later than 90 days after
the date of enactment of this Act, and every 90 days thereafter
H. R. 3609—25
until each of the recommendations referred to in subsection (a)
has been implemented, the Secretary shall transmit to the Com-
mittee on Commerce, Science, and Transportation of the Senate
and the Committees on Transportation and Infrastructure and
Energy and Commerce of the House of Representatives a report
on the specific actions taken to implement such recommendations.
(c) REPORTS BY THE INSPECTOR GENERAL.—The Inspector Gen-
eral shall periodically transmit to the committees referred to in
subsection (b) a report assessing the Secretary’s progress in imple-
menting the recommendations referred to in subsection (a) and
identifying options for the Secretary to consider in accelerating
recommendation implementation.
SEC. 19. NTSB SAFETY RECOMMENDATIONS.
(a) IN
GENERAL.—The Secretary of Transportation, the
Administrator of Research and Special Program Administration,
and the Director of the Office of Pipeline Safety shall fully comply
with section 1135 of title 49, United States Code, to ensure timely
responsiveness to National Transportation Safety Board rec-
ommendations about pipeline safety.
(b) PUBLIC AVAILABILITY.—The Secretary, Administrator, or
Director, respectively, shall make a copy of each recommendation
on pipeline safety and response, as described in subsections (a)
and (b) of section 1135, title 49, United States Code.
(c) REPORTS TO CONGRESS.—The Secretary, Administrator, or
Director, respectively, shall submit to Congress by January 1 of
each year a report containing each recommendation on pipeline
safety made by the Board during the prior year and a copy of
the response to each such recommendation.
SEC. 20. MISCELLANEOUS AMENDMENTS.
(a) GENERAL AUTHORITY AND PURPOSE.—
(1) IN GENERAL.—Section 60102(a) is amended—
(A) by redesignating paragraph (2) as paragraph (3);
(B) by striking ‘‘(a)(1)’’ and all that follows through
‘‘The Secretary of Transportation’’ and inserting the fol-
lowing:
‘‘(a) PURPOSE AND MINIMUM SAFETY STANDARDS.—
‘‘(1) PURPOSE.—The purpose of this chapter is to provide
adequate protection against risks to life and property posed
by pipeline transportation and pipeline facilities by improving
the regulatory and enforcement authority of the Secretary of
Transportation.
‘‘(2) MINIMUM SAFETY STANDARDS.—The Secretary’’;
(C) by moving the remainder of the text of paragraph
(2) (as so redesignated), including subparagraphs (A) and
(B) but excluding subparagraph (C), 2 ems to the right;
and
(D) in paragraph (3) (as so redesignated) by inserting
‘‘QUALIFICATIONS OF PIPELINE OPERATORS.—’’ before ‘‘The
qualifications’’.
(2) CONFORMING AMENDMENTS.—Chapter 601 is amended—
(A) by striking the heading for section 60102 and
inserting the following:
H. R. 3609—26
‘‘§ 60102. Purpose and general authority’’; and
(B) in the analysis for such chapter by striking the
item relating to section 60102 and inserting the following:
‘‘60102. Purpose and general authority.’’.
(b) CONFLICTS OF INTEREST.—Section 60115(b)(4) is amended
by adding at the end the following:
‘‘(D) None of the individuals selected for a committee under
paragraph (3)(C) may have a significant financial interest in the
pipeline, petroleum, or gas industry.’’.
SEC. 21. TECHNICAL AMENDMENTS.
Chapter 601 is amended—
(1) in section 60110(b) by striking ‘‘circumstances’’ and
all that follows through ‘‘operator’’ and inserting the following:
‘‘circumstances, if any, under which an operator’’;
(2) in section 60114 by redesignating subsection (d) as
subsection (c);
(3) in section 60122(a)(1) by striking ‘‘section 60114(c)’’
and inserting ‘‘section 60114(b)’’; and
(4) in section 60123(a) by striking ‘‘60114(c)’’ and inserting
‘‘60114(b)’’.
SEC. 22. AUTHORIZATION OF APPROPRIATIONS.
(a) GAS AND HAZARDOUS LIQUID.—Section 60125(a) is amended
to read as follows:
‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry out this chapter
(except for section 60107) related to gas and hazardous liquid,
the following amounts are authorized to be appropriated to the
Department of Transportation:
‘‘(1) $45,800,000 for fiscal year 2003, of which $31,900,000
is to be derived from user fees for fiscal year 2003 collected
under section 60301 of this title.
‘‘(2) $46,800,000 for fiscal year 2004, of which $35,700,000
is to be derived from user fees for fiscal year 2004 collected
under section 60301 of this title.
‘‘(3) $47,100,000 for fiscal year 2005, of which $41,100,000
is to be derived from user fees for fiscal year 2005 collected
under section 60301 of this title.
‘‘(4) $50,000,000 for fiscal year 2006, of which $45,000,000
is to be derived from user fees for fiscal year 2006 collected
under section 60301 of this title.’’.
(b) STATE GRANTS.—Section 60125 is amended—
(1) by striking subsections (b), (d), and (f) and redesignating
subsection (c) as subsection (b); and
(2) in subsection (b)(1) (as so redesignated) by striking
subparagraphs (A) through (H) and inserting the following:
‘‘(A) $19,800,000 for fiscal year 2003, of which $14,800,000
is to be derived from user fees for fiscal year 2003 collected
under section 60301 of this title.
‘‘(B) $21,700,000 for fiscal year 2004, of which $16,700,000
is to be derived from user fees for fiscal year 2004 collected
under section 60301 of this title.
‘‘(C) $24,600,000 for fiscal year 2005, of which $19,600,000
is to be derived from user fees for fiscal year 2005 collected
under section 60301 of this title.
H. R. 3609—27
‘‘(D) $26,500,000 for fiscal year 2006, of which $21,500,000
is to be derived from user fees for fiscal year 2006 collected
under section 60301 of this title.’’.
(c) OIL SPILLS; EMERGENCY RESPONSE GRANTS.—Section 60125
is amended by inserting after subsection (b) (as redesignated by
subsection (b)(1) of this section) the following:
‘‘(c) OIL SPILL LIABILITY TRUST FUND.—Of the amounts avail-
able in the Oil Spill Liability Trust Fund, $8,000,000 shall be
transferred to the Secretary of Transportation, as provided in appro-
priation Acts, to carry out programs authorized in this chapter
for each of fiscal years 2003 through 2006.
‘‘(d) EMERGENCY RESPONSE GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may establish a program
for making grants to State, county, and local governments
in high consequence areas, as defined by the Secretary, for
emergency response management, training, and technical
assistance.
‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated $6,000,000 for each of fiscal years
2003 through 2006 to carry out this subsection.’’.
(d) CONFORMING AMENDMENT.—Section 60125(e) is amended
by striking ‘‘or (b) of this section’’.
SEC. 23. INSPECTIONS BY DIRECT ASSESSMENT.
Section 60102, as amended by this Act, is further amended
by adding at the end the following:
‘‘(m) INSPECTIONS BY DIRECT ASSESSMENT.—Not later than 1
year after the date of the enactment of this subsection, the Secretary
shall issue regulations prescribing standards for inspection of a
pipeline facility by direct assessment.’’.
SEC. 24. STATE PIPELINE SAFETY ADVISORY COMMITTEES.
Within 90 days after receiving recommendations for improve-
ments to pipeline safety from an advisory committee appointed
by the Governor of any State, the Secretary of Transportation
shall respond in writing to the committee setting forth what action,
if any, the Secretary will take on those recommendations and the
Secretary’s reasons for acting or not acting upon any of the rec-
ommendations.
SEC. 25. PIPELINE BRIDGE RISK STUDY.
(a) IN GENERAL.—The Secretary of Transportation shall conduct
a study to determine whether cable-suspension pipeline bridges
pose structural or other risks warranting particularized attention
in connection with pipeline operators risk assessment programs
and whether particularized inspection standards need to be devel-
oped by the Department of Transportation to recognize the peculiar
risks posed by such bridges.
(b) PUBLIC PARTICIPATION AND COMMENTS.—In conducting the
study, the Secretary shall provide, to the maximum extent prac-
ticable, for public participation and comment and shall solicit views
and comments from the public and interested persons, including
participants in the pipeline industry with knowledge and experience
in inspection of pipeline facilities.
(c) COMPLETION AND REPORT.—Within 2 years after the date
of enactment of this Act, the Secretary shall complete the study
and transmit to Congress a report detailing the results of the
study.