(A) by striking ‘‘means—’’ and all that fol-
lows through ‘‘(A) a gas pipeline facility’’ and 
inserting ‘‘means a gas pipeline facility’’; 
(B) by striking subparagraph (B); and 
(C) by striking ‘‘(15 U.S.C. 717 et seq.); 
and’’ and inserting ‘‘(15 U.S.C. 717 et seq.).’’. 
SEC. 3. ENERGY TRANSPORTATION INFRASTRUCTURE RE-
LIABILITY. 
(a) PERMIT STREAMLINING.— 
(1) CONSTRUCTION AND EXPANSION OF HAZ-
ARDOUS LIQUID PIPELINES.— 
(A) Section 60133(e) is amended to read 
as follows: 
‘‘(e) OMBUDSMAN.—The Secretary shall designate an 
ombudsman to assist resolving disagreements between 
Federal, State, and local agencies and pipeline operators 
arising during agency review of pipeline repairs and haz-
ardous liquid pipeline construction projects in order to ex-
pedite pipeline projects, consistent with protection of 
human health, public safety, and the environment.’’. 
(B) Section 60133(f) is amended by strik-
ing the first sentence and inserting the fol-
lowing: ‘‘The Secretary shall encourage States 
and local governments to consolidate their re-
spective permitting processes for pipeline repair 
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and hazardous liquid pipeline construction 
projects subject to any time periods for repairs 
specified by rule by the Secretary.’’. 
(C) Section 60133 is further amended by 
adding at the end the following new subsection: 
‘‘(g) CONSTRUCTION
AND EXPANSION
OF PIPE-
LINES.—Upon request by any person proposing to con-
struct or expand a hazardous liquid pipeline, the Secretary 
may coordinate the environmental reviews and permitting 
processes of the agencies having responsibility for issuing 
permits or otherwise authorizing pipeline construction 
projects if the Secretary determines that coordinating the 
permitting processes to expedite the completion of the 
project would be in the national interest.’’. 
(2) PIPELINE
REPAIRS.—Section 60133 (as 
amended by this subsection) is further amended by 
adding at the end the following new subsection: 
‘‘(h) PRESUMPTIVE EXCLUSIONS.— 
‘‘(1) NEPA REVIEW.—With respect to any of 
the activities described in paragraph (3) of this sub-
section, including activities on non-Federal land, if 
the Federal agency having responsibility for con-
ducting environmental reviews under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.) (NEPA) determines that— 
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‘‘(A) the proposed activity is substantially 
similar to a pipeline repair activity for which 
the Interagency Committee has developed or 
adopted best practices under subsection (a)(3) 
of this section for determining and reducing or 
eliminating the potential for significant impacts 
to the human environment under NEPA, 
‘‘(B) the proposed repair activity is con-
sistent with these best practices, and 
‘‘(C) in the absence of extraordinary cir-
cumstances, the proposed repair activity is not 
likely to individually or cumulatively result in 
significant impacts on the human environment, 
then a Federal agency having responsibility for con-
ducting environmental reviews under NEPA or co-
ordinating the permitting process may, in consulta-
tion with the Council on Environmental Quality, 
adopt categorical exclusions for those repair activi-
ties, and actions by those agencies regarding pipeline 
repair permits shall be subject to a rebuttable pre-
sumption that the use of a categorical exclusion will 
apply. 
‘‘(2) ESA REVIEW.—With respect to any of the 
activities described in paragraph (3) of this sub-
section, including activities on non-Federal land, if 
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CCOLEMAN on PROD1PC71 with BILLS
the Secretary of Interior or the Secretary of Com-
merce— 
‘‘(A) determines that a proposed activity is 
substantially similar to a pipeline repair activity 
for which the Interagency Committee has devel-
oped or adopted best practices under subsection 
(a)(3) of this section for determining and re-
ducing or eliminating impacts to listed species 
under the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) (ESA), 
‘‘(B) concludes that if these best practices 
are followed, the repair activity is not likely to 
jeopardize the continued existence of any listed 
species or adversely modify the habitat of such 
species, and 
‘‘(C) concludes that the repair activity 
would not conflict with any existing biological 
opinion or any agreement made under the ESA 
relating to the geographic area where the pro-
posed pipeline repair will occur, 
then action by the Secretary of the Interior or the 
Secretary of Commerce regarding pipeline repair 
permits shall be subject to a rebuttable presumption 
that the ESAs biological assessment and consulta-
tion requirements have been satisfied. 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(3) ACTIVITIES
DESCRIBED.—The activities 
referred to in paragraphs (1) and (2) are the fol-
lowing: 
‘‘(A) Site repairs required to ensure the in-
tegrity of an existing pipeline facility performed 
entirely within an existing right-of-way corridor 
that do not change the physical character of the 
facility and where the facility was constructed 
in accordance with the environmental reviews 
and authorizations, if any, required by Federal 
law. 
‘‘(B) Functional replacement of pipeline 
equipment performed entirely within an existing 
right-of-way corridor that does not change the 
physical character of the facility and where the 
facility was constructed in accordance with the 
environmental reviews and authorizations, if 
any, required by Federal law.’’. 
(b) INTERNATIONAL ACTIVITIES.—Section 60117 (as 
amended by section 2 of this Act) is further amended by 
adding at the end the following new subsection: 
‘‘(m) INTERNATIONAL UNIFORMITY OF STANDARDS 
AND REQUIREMENTS.— 
‘‘(1) PARTICIPATION
IN
INTERNATIONAL
FO-
RUMS.—Subject to guidance and direction from the 
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CCOLEMAN on PROD1PC71 with BILLS
Secretary of State, the Secretary of Transportation 
may participate in international forums that estab-
lish or recommend mandatory standards and re-
quirements for transporting gas and hazardous liq-
uids by pipeline in international commerce. 
‘‘(2) CONSULTATION.—The Secretary may con-
sult with interested authorities to ensure that, to the 
extent practicable, regulations the Secretary pre-
scribes under this chapter are consistent with stand-
ards and requirements related to transporting gas 
and hazardous liquids by pipeline that international 
authorities adopt. 
‘‘(3) DIFFERENCES IN INTERNATIONAL STAND-
ARDS AND REQUIREMENTS.—If the Secretary pre-
scribes a standard or requirement concerning inter-
national transportation by pipeline, nothing in this 
section requires that such standard be identical to a 
standard or requirement adopted by an international 
authority. 
‘‘(4) INFORMATION EXCHANGE AND TECHNICAL 
ASSISTANCE.—Subject to guidance and direction of 
the Secretary of State, the Secretary of Transpor-
tation may engage in activities to support inter-
national efforts to share information about the risks 
to the public and the environment from pipelines 
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CCOLEMAN on PROD1PC71 with BILLS
and means of protecting against those risks. The 
Secretary may provide technical assistance to domes-
tic and appropriate international organizations to fa-
cilitate efforts to reduce or eliminate inconsistent re-
quirements that inhibit the safety and efficiency of 
pipeline transportation in or affecting interstate or 
foreign commerce.’’. 
(c) EMERGENCY PREPAREDNESS.— 
(1) EMERGENCY
WAIVERS.—Section 60118(c) 
is amended to read as follows: 
‘‘(c) WAIVERS BY SECRETARY.— 
‘‘(1) NONEMERGENCY
WAIVERS.—On applica-
tion of a person owning or operating a pipeline facil-
ity, the Secretary by order may waive compliance 
with any part of an applicable standard prescribed 
under this chapter on terms the Secretary considers 
appropriate, if the waiver is not inconsistent with 
pipeline safety. The Secretary shall state in the 
order the reasons for granting a waiver under this 
paragraph. The Secretary may act on a non-
emergency waiver only after notice and an oppor-
tunity for a hearing. 
‘‘(2) EMERGENCY WAIVERS.—The Secretary by 
order may waive compliance with any part of an ap-
plicable standard prescribed under this chapter on 
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CCOLEMAN on PROD1PC71 with BILLS
terms the Secretary considers appropriate without 
prior notice and comment if the Secretary deter-
mines that the waiver is necessary to address an ac-
tual or impending emergency involving pipeline 
transportation, including but not limited to emer-
gencies caused by natural or manmade disasters. 
The Secretary shall state in the order the reasons 
for granting a waiver under this paragraph.’’. 
(2) RESTORATION
OF
OPERATIONS.—Section 
60301(d) is amended— 
(A) in paragraph (1)(B), by striking 
‘‘and’’; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following new paragraph: 
‘‘(2) may be used for activities involving the 
restoration of energy pipelines that have been or are 
anticipated to become disrupted by manmade or nat-
ural disaster, including aid to other Federal agen-
cies; and’’. 
(d) 
PETROLEUM
TRANSPORTATION
CAPACITY 
STUDY.—(1) Chapter 601 (as amended by this Act) is fur-
ther amended by adding at the end the following new sec-
tion: 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘§ 60135. Petroleum product transportation capacity 
study 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
may conduct analyses of the domestic transport of petro-
leum products by pipeline. Such analyses should identify 
areas of the United States where shortages of pipeline ca-
pacity and reliability concerns exist, where such shortages 
have or are anticipated to contribute to significant in-
creases in the price of petroleum products, or where un-
planned loss of individual pipelines may cause shortages 
of petroleum products or price disruptions. For the pur-
pose of this section, ‘petroleum product’ means oil of any 
kind or in any form, gasoline, diesel fuel, aviation fuel, 
fuel oil, kerosene, any product obtained from refining or 
processing of crude oil, liquefied petroleum gases, natural 
gas liquids, petrochemical feedstocks, condensate, waste or 
refuse mixtures containing any of the above, and any other 
liquid hydrocarbon compounds. 
‘‘(b) CONSULTATION.—In preparing any such anal-
yses, the Secretary may consult with other government 
agencies and public- and private-sector experts in pipeline 
and other forms of petroleum product transportation, en-
ergy consumption, capacity, population, and economic de-
velopment. 
‘‘(c) DATA COLLECTION.— 
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CCOLEMAN on PROD1PC71 with BILLS
‘‘(1) The Secretary may collect information rel-
evant to the study from the Department of Energy’s 
Energy Information Administration and may enter 
into an interagency agreement for this purpose. 
‘‘(2) In the absence of sufficient information 
collection by the Energy Information Administra-
tion, the Secretary may collect information relevant 
to the study in any other manner.’’. 
(2) The table of sections of chapter 601 is further 
amended by adding at the end the following new item: 
‘‘60135. Petroleum product transportation capacity study.’’. 
(e) COST REIMBURSEMENTS.—Section 60117 (as 
amended by section 2 of this Act and subsection (b) of 
this section) is further amended by adding at the end the 
following new subsection: 
‘‘(n) COST RECOVERY FOR DESIGN REVIEWS.—If the 
Secretary conducts facility design safety reviews, con-
sulting, or field work in connection with a proposal to con-
struct, expand, or operate a pipeline system or liquefied 
natural gas pipeline facility, the Secretary may require the 
person requesting such reviews or consulting to pay the 
associated costs incurred by the Secretary, such funds to 
be deposited into the pipeline safety fund. Funds deposited 
pursuant to this section are authorized to be appropriated 
for the purposes set forth in section 60301(d). The Sec-
retary may assess such costs in any reasonable manner.’’. 
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CCOLEMAN on PROD1PC71 with BILLS
SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 
(a) 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, 
from fees collected under section 60301 in each respective 
year, and from the Oil Spill Liability Trust Fund as speci-
fied below: 
‘‘(1) For fiscal year 2007, $55,497,000, of 
which $39,872,000 is from fees and $15,625,000 is 
from the Fund. 
‘‘(2) For fiscal year 2008, $57,997,000, of 
which $42,651,000 is from fees and $15,346,000 is 
from the Fund. 
‘‘(3) For fiscal year 2009, $60,482,000, of 
which $44,839,000 is from fees and $16,003,000 is 
from the Fund. 
‘‘(4) For fiscal year 2010, $62,375,000, of 
which $46,444,000 is from fees and $15,931,000 is 
from the Fund.’’. 
(b) Section 60125(b)(1) concerning State grants is 
amended to read as follows: 
‘‘(1) To carry out section 60107 of this chapter, the 
following amounts are authorized to be appropriated to the 
Department of Transportation, from fees collected under 
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CCOLEMAN on PROD1PC71 with BILLS
section 60301 in each respective year, and from the Oil 
Spill Liability Trust Fund as specified below: 
‘‘(A) For fiscal year 2007, $20,238,000, of 
which $17,053,000 is from fees and $3,185,000 is 
from the Fund. 
‘‘(B) For fiscal year 2008, $23,221,000, of 
which $19,567,000 is from fees and $3,654,000 is 
from the Fund. Of the amount appropriated to carry 
out section 60107 of this title, $1,500,000 shall be 
available for fiscal year 2008 for the grants to 
States authorized in section 60134. 
‘‘(C) For fiscal year 2009, $24,513,000, of 
which $20,656,000 is from fees and $3,857,000 is 
from the Fund. Of the amount appropriated to carry 
out section 60107 of this title, $1,750,000 shall be 
available for fiscal year 2009 for the grants to 
States authorized in section 60134. 
‘‘(D) For fiscal year 2010, $25,855,000, of 
which $21,786,000 is from fees and $4,069,000 is 
from the Fund. Of the amount appropriated to carry 
out section 60107 of this title, $2,000,000 shall be 
available for fiscal year 2010 for the grants to 
States authorized in section 60134.’’. 
(c) Section 60125(c) is hereby repealed. 
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CCOLEMAN on PROD1PC71 with BILLS
(d) Sections 60125(d) and 60125(e) are redesignated 
as sections 60125(c) and 60125(d), respectively. 
(e) Section 60125(c)(2), as redesignated by sub-
section (d) of this section, is amended by striking ‘‘2003 
through 2006’’ and inserting ‘‘2007 through 2010’’. 
(f) Section 6107 is amended— 
(1) in subsection (a), by striking ‘‘fiscal years 
2003 through 2006’’ and inserting ‘‘fiscal years 
2007 through 2010’’; and 
(2) in subsection (b), by striking ‘‘for fiscal 
years 2003 through 2006’’ and inserting ‘‘for fiscal 
years 2007 through 2010’’. 
(g) Section 5128 is amended— 
(1) in subsection (a)— 
(A) by adding at the end the following new 
paragraph: 
‘‘(5) For fiscal year 2009, such sums as may be 
necessary.’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(6) For fiscal year 2010, such sums as may be 
necessary.’’; 
(2) in subsection (b), by striking ‘‘through 
2008’’ in the introductory language and inserting 
‘‘through 2010’’; and 
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CCOLEMAN on PROD1PC71 with BILLS
(3) in subsection (c), by striking ‘‘through 
2008’’ and inserting ‘‘through 2010’’. 
Æ 
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