I 
109TH CONGRESS 
2D SESSION 
H. R. 5782 
To amend title 49, United States Code, to provide for enhanced safety 
and environmental protection in pipeline transportation, to provide for 
enhanced reliability in the transportation of the Nation’s energy products 
by pipeline, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2006 
Mr. YOUNG of Alaska (for himself and Mr. PETRI) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure, and in addition to the Committee on Energy and Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To amend title 49, United States Code, to provide for en-
hanced safety and environmental protection in pipeline 
transportation, to provide for enhanced reliability in the 
transportation of the Nation’s energy products by pipe-
line, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, 
UNITED STATES CODE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pipeline Safety Improvement Act of 2006’’. 
(b) AMENDMENT
OF TITLE 49, UNITED STATES 
CODE.—Except as otherwise expressly provided, whenever 
in this Act an amendment or repeal is expressed in terms 
of an amendment to, or a 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. 
(c) TABLE OF CONTENTS.— 
Sec. 1. Short title; amendment of title 49, United States Code; table of con-
tents. 
Sec. 2. Pipeline safety and damage prevention. 
Sec. 3. Distribution integrity management program rulemaking deadline. 
Sec. 4. Pipeline control management. 
Sec. 5. Low-stress pipelines. 
Sec. 6. Authorization of appropriations. 
Sec. 7. Standards to implement NTSB recommendations. 
SEC. 2. PIPELINE SAFETY AND DAMAGE PREVENTION. 
(a) ONE-CALL CIVIL ENFORCEMENT.— 
(1) IN GENERAL.—Section 60114 is amended 
by adding at the end the following: 
‘‘(d) ENFORCEMENT.—Any person who engages in 
excavation activity without first using an available one-call 
notification system to establish the location of under-
ground pipeline facilities in the excavation area or who dis-
regards location information or markings established by 
an operator of a pipeline facility, and any operator of a 
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pipeline facility who fails to respond to a location request 
in order to prevent damage to the pipeline or fails to take 
reasonable steps, in response to such a request, to ensure 
accurate marking of the location of the pipeline in order 
to prevent damage to the pipeline, shall be subject to a 
civil action under section 60120 or assessment of a civil 
penalty under section 60122. 
‘‘(e) LIMITATION.—The Secretary may not conduct 
an enforcement proceeding under subsection (d) within the 
boundaries of a State that has the authority to impose 
penalties described in section 60134(b)(7) against persons 
who violate that State’s damage prevention laws and is 
imposing such penalties.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
60122(a)(1) is amended in the first sentence by in-
serting ‘‘, 60114(d),’’ after ‘‘section 60114(b)’’. 
(b) STATE DAMAGE PREVENTION PROGRAMS.— 
(1) CERTIFICATION.—Section 60105(b)(4) is 
amended to read as follows: 
‘‘(4) has agreed to take actions toward estab-
lishing a program designed to prevent damage by ex-
cavation, demolition, tunneling, or construction ac-
tivity to the pipeline facilities to which the certifi-
cation applies that subjects persons who violate the 
applicable requirements of that program to civil pen-
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alties and other enforcement actions that are sub-
stantially the same as are provided under this chap-
ter, 
and 
addresses 
the 
elements 
in 
section 
60134(b);’’. 
(2) REQUIREMENT.—Chapter 601 is amended 
by adding at the end the following new section: 
‘‘§ 60134. State damage prevention programs 
‘‘(a) IN GENERAL.—The Secretary may make a grant 
to a State authority (including a municipality with respect 
to intrastate gas pipeline transportation) to assist in im-
proving the overall quality and effectiveness of a damage 
prevention program of the State authority under sub-
section (e) if the State authority— 
‘‘(1)(A) has an annual certification in accord-
ance with section 60105 for such fiscal year; or 
‘‘(B) has an agreement with the Secretary in 
accordance with section 60106; and 
‘‘(2) has agreed to take actions toward estab-
lishing an effective damage prevention program that 
meets the requirements of subsection (b). 
‘‘(b) DAMAGE PREVENTION PROGRAM ELEMENTS.— 
An effective damage prevention program includes the fol-
lowing elements: 
‘‘(1) Participation by operators, excavators, and 
other stakeholders in the development and imple-
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mentation of methods for establishing and maintain-
ing effective communications between stakeholders 
from receipt of an excavation notification until suc-
cessful completion of the excavation, as appropriate. 
‘‘(2) A process for fostering and ensuring the 
support and partnership of stakeholders, including 
excavators, operators, locators, designers, and local 
government in all phases of the program. 
‘‘(3) A process for reviewing the adequacy of a 
pipeline operator’s internal performance measures 
regarding persons performing locating services and 
quality assurance programs. 
‘‘(4) Participation by operators, excavators, and 
other stakeholders in the development and imple-
mentation of effective employee training programs to 
ensure that operators, the one-call center, the en-
forcing agency, and the excavators have partnered to 
design and implement training for the employees of 
operators, excavators, and locators. 
‘‘(5) A process for fostering and ensuring active 
participation by all stakeholders in public education 
for damage prevention activities. 
‘‘(6) A process for resolving disputes that de-
fines the State authority’s role as a partner and 
facilitator to resolve issues. 
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