tation-related oil flow lines, including unregulated 
transportation-related oil flow lines. 
‘‘(2) TRANSPORTATION-RELATED
OIL
FLOW 
LINE DEFINED.—In this subsection, the term ‘trans-
portation-related oil flow line’ means a pipeline 
transporting oil off of the grounds of the well where 
it originated across areas not owned by the pro-
ducer, regardless of the extent to which the oil has 
been processed, if at all. 
‘‘(3) LIMITATION.—Nothing in this subsection 
authorizes the Secretary to prescribe standards for 
the movement of oil through production, refining, or 
manufacturing facilities, or through oil production 
flow lines located on the grounds of wells.’’. 
SEC. 16. ALASKA PROJECT COORDINATION. 
(a) IN GENERAL.—Chapter 601, as amended by this 
Act, is further amended by adding at the end the fol-
lowing: 
‘‘§ 60140. Alaska project coordination 
‘‘The Secretary may provide technical assistance to 
the State of Alaska for the purpose of achieving coordi-
nated and effective oversight of the construction and oper-
ation of new and prospective pipeline facility systems in 
Alaska. The assistance may include— 
VerDate Mar 15 2010 
22:15 Sep 16, 2011
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H2937.IH
H2937
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(1) conducting coordinated inspections of pipe-
line facility systems subject to the respective au-
thorities of the Department of Transportation and 
the State of Alaska; 
‘‘(2) consulting on the development and imple-
mentation of programs designed to manage the in-
tegrity risks associated with operating pipeline facil-
ity systems in the unique conditions of Alaska; 
‘‘(3) training inspection and enforcement per-
sonnel and consulting on the development and imple-
mentation of inspection protocols and training pro-
grams; and 
‘‘(4) entering into cooperative agreements, 
grants, or other transactions with the State of Alas-
ka, the Joint Pipeline Office, other Federal agencies, 
and other public and private agencies to carry out 
the objectives of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 601 is amended by inserting after the item 
relating to section 60139 the following: 
‘‘60140. Alaska project coordination.’’. 
SEC. 17. COST RECOVERY FOR DESIGN REVIEWS. 
(a) Section 60117(n) is amended to read as follows: 
‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.— 
‘‘(1) IN GENERAL.— 
VerDate Mar 15 2010 
22:15 Sep 16, 2011
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H2937.IH
H2937
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(A) REVIEW COSTS.—For any project de-
scribed in subparagraph (B), if the Secretary 
conducts facility design safety reviews in con-
nection with a proposal to construct, expand, or 
operate a new gas or hazardous liquid pipeline 
facility or liquefied natural gas pipeline facility, 
including construction inspections and over-
sight, the Secretary may require the person or 
entity proposing the project to pay the costs in-
curred by the Secretary relating to such re-
views. If the Secretary exercises the cost recov-
ery authority described in this section, the Sec-
retary shall prescribe a fee structure and as-
sessment methodology that is based on the 
costs of providing these reviews and shall pre-
scribe procedures to collect fees under this sec-
tion. The Secretary shall not collect design safe-
ty review fees under this chapter and section 
60301 for the same design safety review. 
‘‘(B) PROJECTS TO WHICH APPLICABLE.— 
Subparagraph (A) applies to any project that— 
‘‘(i) has design and construction costs 
totaling at least $1,000,000,000, as ad-
justed for inflation; or 
VerDate Mar 15 2010 
22:15 Sep 16, 2011
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H2937.IH
H2937
emcdonald on DSK5VPTVN1PROD with BILLS
‘‘(ii) uses new or novel technologies or 
design. 
‘‘(2) NOTIFICATION.—For any new pipeline fa-
cility construction project in which the Secretary will 
conduct design reviews, the person or entity pro-
posing the project shall notify the Secretary and pro-
vide the design specifications, construction plans and 
procedures, and related materials at least 120 days 
prior to the commencement of construction. Within 
90 days of receiving such design specifications, con-
struction plans and procedures, the Secretary shall 
provide written comments, feedback, and guidance 
on such project. 
‘‘(3) DEPOSIT AND USE.—There is established 
a Pipeline Safety Design Review Fund in the Treas-
ury of the United States. The Secretary shall deposit 
funds paid under this subsection into the Fund. 
Funds deposited under this subsection are author-
ized to be appropriated for the purposes set forth in 
this chapter. Fees authorized under this subsection 
shall be available for obligation only to the extent 
and in the amount provided in advance in appropria-
tions Acts.’’. 
(b) GUIDANCE.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation 
VerDate Mar 15 2010 
22:15 Sep 16, 2011
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H2937.IH
H2937
emcdonald on DSK5VPTVN1PROD with BILLS
shall issue guidance to clarify the meaning of the term 
‘‘new or novel technologies or design’’ as used in section 
60117(n) of title 49, United States Code, as amended by 
subsection (a) of this section. 
SEC. 18. SPECIAL PERMITS. 
(a) IN GENERAL.—Section 60118(c)(1) is amended 
to read as follows: 
‘‘(1) ISSUANCE OF WAIVERS.— 
‘‘(A) IN GENERAL.—On application of an 
owner or operator of a pipeline facility, the Sec-
retary by order may waive compliance with any 
part of an applicable standard prescribed under 
this chapter with respect to the facility on 
terms the Secretary considers appropriate, if 
the Secretary finds that the waiver is not incon-
sistent with pipeline facility safety. 
‘‘(B) CONSIDERATIONS.—In determining 
whether to grant a waiver, the Secretary shall 
consider— 
‘‘(i) the applicant’s compliance his-
tory; 
‘‘(ii) the applicant’s accident history; 
and 
‘‘(iii) any additional factors the Sec-
retary considers relevant. 
VerDate Mar 15 2010 
22:15 Sep 16, 2011
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H2937.IH
H2937
emcdonald on DSK5VPTVN1PROD with BILLS