(1) DURATION OF COUNCILS.—The term of the
Councils shall continue throughout the life of the op-
eration of the pipeline facilities that each Council
oversees.
(2) 3 YEARS.—The voting members of each
Council shall serve for a term of 3 years.
(g) SELF-GOVERNING.—Each Council shall elect its
own chairperson, select its own staff, and make policies
with regard to its internal operating procedures.
(h) DUTIES.—Each Council shall—
(1) provide advice and recommendations to the
Secretary and the Governor of the State in which
the Council does business on policies, permits, and
regulations relating to the operation and mainte-
nance of pipeline facilities which affect or may affect
that State’s environment;
(2) monitor the environmental impacts of the
operation of pipeline facilities;
(3) review the adequacy of the risk analysis and
integrity program developed by each pipeline oper-
ator;
(4) review the adequacy of pipeline spill preven-
tion and contingency plans for such pipeline facili-
ties;
(5) review and comment on proposals for new
pipeline facilities, including issues of public need,
safety, and environmental impact;
(6) periodically review the respective pipeline
spill prevention and contingency plans, in light of
new technological developments and changed cir-
cumstances;
(7) monitor developments in pipeline spill pre-
vention, leak detection, pipeline inspection, operator
training, spill containment, response, and cleanup
technology; and
(8) recommend to the Secretary, Governor, and,
where appropriate, the operator—
(A) standards and stipulations for permits
intended to minimize the impact of pipeline fa-
cilities which could impact the State;
(B) modifications of pipeline facility oper-
ations and maintenance intended to minimize
the risk and mitigate the impact of pipeline fa-
cility operations and to minimize the risk of
pipeline spills;
(C) modifications of operators’ risk anal-
ysis and integrity programs;
(D) modifications of the pipeline spill pre-
vention and contingency plans for pipeline fa-
cilities intended to enhance the ability to pre-
vent and respond to such a spill; and
(E) amendments to statutes and regula-
tions to improve pipeline safety and spill re-
sponse.
(i) NO ESTOPPEL.—No Council shall be held liable
under State or Federal law for costs or damages as a re-
sult of rendering advice under this section. Nor shall any
advice given by a voting member of a Council, or program
representative or agent, be grounds for estopping the in-
terests represented by the voting Council members from
seeking damages or other appropriate relief.
(j) AGENCY COOPERATION.—On and after establish-
ment of a Council by the Governor under this section, each
Federal department, agency, or other instrumentality shall
consult, with respect to all permits, site-specific regula-
tions, and other matters governing the activities and ac-
tions of the pipeline facilities, with the appropriate Council
before taking substantive action with respect to the per-
mit, site-specific regulation, or other matter. This con-
sultation shall be carried out with a view to enabling the
appropriate Council to review the permit, site-specific reg-
ulation, or other matters and make appropriate rec-
ommendations regarding operations, policy, or agency ac-
tions. Prior consultation shall not be required if an author-
ized Federal agency representative reasonably believes
that an emergency exists requiring action without delay.
(k) RECOMMENDATIONS OF THE COUNCIL.—In the
event that the Secretary, Governor, or operator does not
adopt, or significantly modifies before adoption, any rec-
ommendation of the Council made pursuant to the author-
ity granted to the Council in subsection (h)(8), the Sec-
retary, Governor, or operator shall provide to the Council,
in writing, within 5 days of its decision, notice of its deci-
sion and a written statement of reasons for its rejection
or significant modification of the recommendation.
(l) FUNDING.—
(1) PER REGIONAL ADVISORY COUNCIL.—Sub-
ject to appropriations, the Secretary shall provide to
each Regional Advisory Council established under
this section from the Oil Spill Liability Trust Fund
such amount as is sufficient to fund the Council’s
work, but not less than $750,000, for each year of
operation of the Council under this section. In deter-
mining the amount to provide to the Council for its
initial year of operation, the Secretary shall consult
the Governor of State in which the Council does
business and the Council. After the Council’s initial
year of operation, such amount shall be based on a
budget and workplan developed by the Council and
approved by the Governor.
(2) AUTHORIZATION.—There is authorized to
be appropriated from the Oil Spill Liability Trust
Fund to the Secretary such amount as may be nec-
essary to carry out this section.
(m) REPORTS.—Before the expiration of the 36-
month period following the date of enactment of this Act,
each Council established pursuant to this section shall re-
port to the President and Congress concerning its activi-
ties under this section, together with its recommendations.
(n) SAVINGS CLAUSE.—
(1) REGULATORY AUTHORITY.—Nothing in this
section shall be construed as modifying, repealing,
superseding, or preempting any municipal, State, or
Federal law or regulation, or in any way affecting
litigation arising from pipeline spills or the rights
and responsibilities of the United States or any
State, or municipalities thereof, to preserve and pro-
tect the environment through regulation of land, air,
and water uses, of safety, and of related develop-
ment.
(2) RECOMMENDATIONS.—This subsection is
not intended to prevent a Council from recom-
mending to appropriate authorities that existing
legal requirements should be modified or that new
legal requirements should be adopted.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
(a) 
GAS
AND
HAZARDOUS
LIQUID.—Section
60125(a) is amended to read as follows:
‘‘(a) GAS AND HAZARDOUS LIQUID.—
‘‘(1) AUTHORIZATION
OF
APPROPRIATIONS.—
To carry out this chapter (except for sections 60107
and 60114(b)) related to gas and hazardous liquid,
the following amounts are authorized to be appro-
priated to the Department of Transportation:
‘‘(A) $41,500,000 for fiscal year 2001.
‘‘(B) $44,500,000 for fiscal year 2002.
‘‘(C) $45,800,000 for fiscal year 2003.
‘‘(2) ALLOCATIONS
FOR
RESEARCH.—Of the
amounts appropriated pursuant to paragraph (1) for
a fiscal year, not less than the following amounts
shall be used for research of pipeline safety tech-
nologies described in section 60117:
‘‘(A) $4,000,000 for fiscal year 2001.
‘‘(B) $5,500,000 for fiscal year 2002.
‘‘(C) $6,000,000 for fiscal year 2003.’’.
(b) STATE GRANTS.—Section 60125 is amended—
(1) by striking subsections (b) and (d) and re-
designating subsections (c), (e), and (f) as sub-
sections (b), (c), and (d), respectively; and
(2) in subsection (b)(1) (as so redesignated) by
striking subparagraphs (A) through (H) and insert-
ing the following:
‘‘(A) $18,500,000 for fiscal year 2001.
‘‘(B) $20,500,000 for fiscal year 2002.
‘‘(C) $21,100,000 for fiscal year 2003.’’.
(c) CONFORMING AMENDMENT.—Section 60125(c)
(as redesignated by subsection (b)(1) of this section) is
amended by striking ‘‘or (b) of this section’’.
Æ