I
107TH CONGRESS
1ST SESSION
H. R. 2749
To amend title 49, United States Code, to improve pipeline safety and
enhance community access to pipeline safety information.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
Ms. DUNN of Washington (for herself, Mr. LARSEN of Washington, Mr.
DICKS, and Mr. SOUDER) introduced the following bill; which was re-
ferred to the Committee on Transportation and Infrastructure, and in ad-
dition 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 improve pipeline
safety and enhance community access to pipeline safety
information.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 Act of 2001’’.
(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. Qualifications of pipeline personnel.
Sec. 3. Risk analysis and integrity management programs.
Sec. 4. Research and development.
Sec. 5. Community right-to-know and emergency preparedness.
Sec. 6. State oversight role.
Sec. 7. Penalties.
Sec. 8. Population encroachment.
Sec. 9. Records, reports, and information.
Sec. 10. National pipeline mapping system.
Sec. 11. State pipeline advisory committees.
Sec. 12. Pipeline rights-of-way and the environment.
Sec. 13. Authorization of appropriations.
SEC. 2. QUALIFICATIONS OF PIPELINE PERSONNEL.
(a) IN GENERAL.—Chapter 601 is amended by add-
ing at the end the following:
‘‘§ 60129. Qualifications of pipeline personnel
‘‘(a) REVIEW OF QUALIFICATIONS PROGRAMS.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation or a State authority responsible for enforcing
standards prescribed under this chapter shall con-
duct a periodic review of each operator of a gas
pipeline or hazardous liquid pipeline facility to en-
sure that the operator has in effect a written quali-
fication program that ensures that all individuals
performing covered tasks for the facility are quali-
fied to perform such tasks.
‘‘(2) CONTEXT OF REVIEW.—The Secretary or
State authority may conduct a review under para-
graph (1) as an element of its inspection of an oper-
ator.
‘‘(3) INADEQUATE
PROGRAMS.—If the Sec-
retary or State authority determines that a quali-
fication program is inadequate for the safe operation
of a pipeline facility, the Secretary or State author-
ity shall act under section 60108(a)(2) to require
the operator to revise the qualification program.
‘‘(4) AMENDMENTS TO PROGRAMS.—In order to
facilitate reviews under this subsection, an operator
shall notify the Secretary or State authority, as ap-
propriate, of any amendment made to the operator’s
qualification program not later than 30 days after
the date of adoption of the amendment.
‘‘(5) COVERED TASK DEFINED.—In this sub-
section, the term ‘covered task’—
‘‘(A) with respect to a gas pipeline facility,
has the meaning such term has under section
192.801 of title 49, Code of Federal Regula-
tions, as in effect on the date of enactment of
this section; and
‘‘(B) with respect to a hazardous liquid
pipeline facility, has the meaning such term has
under section 195.501 of such title, as in effect
on the date of enactment of this section.
‘‘(b) CERTIFICATION
OF SUPERVISORY CONTROL
AND DATA ACQUISITION PERSONNEL.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this section, the Secretary
shall—
‘‘(A) develop a program consisting of writ-
ten, oral, or simulation tests and other require-
ments for certifying the qualifications of indi-
viduals who operate computer-based systems for
controlling the operations of pipelines; and
‘‘(B) enter into a cooperative agreement or
contract with a public or private entity to im-
plement the certification program developed
under subparagraph (A).
‘‘(2) IMPLEMENTATION OF CERTIFICATION PRO-
GRAM.—
‘‘(A) PILOT PROGRAM.—Beginning 1 year
after the date of enactment of this section, the
Secretary shall select pipeline facilities to par-
ticipate in the certification program developed
under paragraph (1)(A) and require such par-
ticipation.
‘‘(B) APPLICABILITY
TO
ALL
OPERA-
TORS.—Not later than 4 years after the date of
enactment of this section, each operator of a
gas pipeline or hazardous liquid pipeline facility
shall ensure that all employees of the operator
who are subject to the certification program de-
veloped under paragraph (1)(A) are certified
under the program by the entity referred to in
paragraph (1)(B).
‘‘(3) REPORT.—
‘‘(A) IN GENERAL.—Not later than 5 years
after the date of enactment of this section, the
Secretary shall transmit to Congress a report
on the results of the certification program de-
veloped under paragraph (1)(A).
‘‘(B) 
CONTENTS.—The 
report 
shall
include—
‘‘(i) a description of the certification
program and implementation of the certifi-
cation program;
‘‘(ii) an evaluation of the certification
program, including the effectiveness of the
process for certifying individuals who oper-
ate computer-based systems for controlling
the operations of pipelines; and
‘‘(iii) an assessment of the ramifica-
tions of requiring the certification of other
individuals 
performing 
safety-sensitive
functions for a pipeline facility.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 601 is amended by adding at the end the fol-
lowing:
‘‘60129. Qualifications of pipeline personnel.’’.
SEC. 3. RISK ANALYSIS AND INTEGRITY MANAGEMENT
PROGRAMS.
(a) IN GENERAL.—Section 60109 is amended by
adding at the end the following:
‘‘(c) RISK ANALYSIS AND INTEGRITY MANAGEMENT
PROGRAMS.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this subsection, the Sec-
retary shall prescribe minimum safety standards to
require each operator of a gas transmission or haz-
ardous liquid pipeline facility—
‘‘(A) to evaluate the risks to the operator’s
facilities in areas identified under subsection
(a)(1); and
‘‘(B) to adopt and implement, not later
than 1 year after the date of issuance of such
minimum standards, an integrity management
program to reduce such risks.
‘‘(2) ELEMENTS OF INTEGRITY MANAGEMENT
PROGRAMS.—An integrity management program
adopted by an operator under paragraph (1) shall
provide for, at a minimum, the following:
‘‘(A) A baseline integrity assessment of
each of the operator’s facilities in areas identi-
fied pursuant to subsection (a)(1) within 5
years of the date of adoption of the plan unless
the operator has previously performed such an
assessment.
‘‘(B) Periodic inspection of the facility, at
intervals of once every 5 years or at more fre-
quent intervals as determined under paragraph
(3)(C), by internal inspection device, pressure
testing, direct assessment, or an alternative
method that the Secretary determines would
provide an equal or greater level of safety.
‘‘(C) Clearly defined criteria for evaluating
the results of such inspections.
‘‘(iii) The possible growth of new and
existing defects.
‘‘(D) MINIMIZATION OF ENVIRONMENTAL
AND
SAFETY
RISKS.—The Secretary may re-
quire an operator of a pipeline facility to imple-
ment pressure testing and other integrity man-
agement techniques in a manner that minimizes
environmental or safety risks, such as by use of
water for pressure testing.
‘‘(E) WAIVERS.—The Secretary may waive
or modify inspection requirements under this
subsection if the Secretary determines that—
‘‘(i) there are other technically appro-
priate methods of monitoring; or
‘‘(ii)(I) sufficient internal inspection
devices are not available; and
‘‘(II) the waiver or modification is not
inconsistent with pipeline safety.
‘‘(4) SYSTEMS TO MONITOR PRESSURE AND DE-
TECT LEAKS; USE OF EMERGENCY FLOW RESTRICT-
ING DEVICES.—The Secretary may prescribe stand-
ards requiring an operator of a pipeline facility to
include in an integrity management program under
paragraph (1)—
‘‘(A) changes to valves or the establish-
ment or modification of systems that monitor
pressure and detect leaks based on the opera-
tor’s risk analysis; and
‘‘(B) the use of emergency flow restricting
devices.
‘‘(5) OPPORTUNITY FOR LOCAL INPUT ON IN-
TEGRITY MANAGEMENT.—Not later than 18 months
after the date of enactment of this subsection, the
Secretary shall, by regulation, establish a process for
raising and addressing local safety concerns about
pipeline integrity and the operator’s pipeline integ-
rity program. The process shall include—
‘‘(A) a requirement that an operator of a
gas transmission pipeline or hazardous liquid
pipeline facility make available upon request to
State and local officials in a State in which the
facility is located information about the risk
analysis and integrity management program re-
quired under paragraph (1) (including a copy of
the operator’s integrity management program)
and the results of inspections conducted under
the operator’s integrity management program;
‘‘(B) a description of the local officials re-
quired to be informed, the information that is
to be provided to them, and the manner, which
may include traditional or electronic means, in
which it is provided;
‘‘(C) the means for receiving input from
the local officials that may include a public
forum sponsored by the Secretary or by the
State, or the submission of written comments
through traditional or electronic means;
‘‘(D) the extent to which an operator of a
pipeline facility must participate in a public
forum sponsored by the Secretary or in another
means for receiving input from the local offi-
cials or in the evaluation of that input; and
‘‘(E) the manner in which the Secretary
will notify the local officials about how their
concerns are being addressed.
‘‘(6) REVIEW
OF
INTEGRITY
MANAGEMENT
PROGRAMS.—
‘‘(A) REVIEW OF PROGRAMS.—
‘‘(i) IN
GENERAL.—The Secretary
shall periodically review a risk analysis and
integrity 
management 
program 
under
paragraph (1) and record the results of
that review for use in the next review of an
operator’s program.
‘‘(ii) CONTEXT OF REVIEW.—The Sec-
retary may conduct a review under clause
(i) as an element of the Secretary’s inspec-
tion of an operator.
‘‘(iii) 
INADEQUATE
PROGRAMS.—If
the Secretary determines that a risk anal-
ysis or integrity management program is
inadequate for the safe operation of a pipe-
line facility, the Secretary shall act under
section 60108(a)(2) to require the operator
to revise the risk analysis or integrity man-
agement program.
‘‘(B) AMENDMENTS
TO
PROGRAMS.—In
order to facilitate reviews under this paragraph,
an operator of a pipeline facility shall notify the
Secretary of any amendment made to the oper-
ator’s integrity management program not later
than 30 days after the date of adoption of the
amendment.
‘‘(7) STATE REVIEW OF INTEGRITY MANAGE-
MENT PLANS.—A State authority that enters into an
agreement pursuant to section 60106, permitting the
State authority to review the risk analysis and writ-
ten program for integrity management pursuant to
paragraph (6), may provide the Secretary with a
written assessment of the risk analysis and integrity
management program, make recommendations, as
appropriate, to address safety concerns not ade-
quately addressed by the operator’s risk analysis or
integrity management program, and submit docu-
mentation explaining the State-proposed revisions.
The Secretary shall carefully consider the State’s
proposals and work in consultation with the States
and operators to address safety concerns.
‘‘(8) APPLICATION
OF
STANDARDS.—Section
60104(b) shall not apply to this section.
‘‘(9) REPORTS TO CONGRESS.—If the Secretary
does not prescribe minimum safety standards for
risk analysis and integrity management programs
under paragraph (1) by the date specified in para-
graph (1), the Secretary shall transmit, until the
standards have been prescribed, an annual report to
the Committee on Energy and Commerce and the
Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Sen-
ate. The annual report shall contain the following in-
formation:
‘‘(A) An explanation for the delay in pre-
scribing the standards.
‘‘(B) A list of any remaining steps and
outstanding issues to be resolved before the
standards can be prescribed.
‘‘(C) An estimate of the time needed for
completion of the standards.’’.
(b) ASSESSMENT AND EVALUATION.—Section 60109
is further amended by adding at the end the following:
‘‘(d) ASSESSMENT
AND EVALUATION.—Not later
than 3 years after the date of enactment of this sub-
section, the Secretary shall complete an assessment and
evaluation of the effects on public safety and the environ-
ment of the implementation of integrity management pro-
grams under subsection (c).’’.
(c) CONFORMING AMENDMENTS.—Section 60118(a)
is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(2);
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) conduct a risk analysis, and adopt and im-
plement an integrity management program, for pipe-
line facilities as required under section 60109(c).’’.
SEC. 4. RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—Chapter 601 is further amended
by adding at the end the following:
‘‘§ 60130. Research and development
‘‘(a) INNOVATIVE TECHNOLOGY DEVELOPMENT.—
‘‘(1) IN GENERAL.—As part of the Department
of Transportation’s research and development pro-
gram, the Secretary of Transportation shall direct
research attention to the development of alternative
technologies—
‘‘(A) to expand the capabilities of internal
inspection devices to identify and accurately
measure defects and anomalies;
‘‘(B) to inspect pipelines that cannot ac-
commodate internal inspection devices available
on the date of enactment of this section;
‘‘(C) to develop innovative techniques
measuring the structural integrity of pipelines;
‘‘(D) to improve the capability, reliability,
and practicality of external leak and rupture de-
tection devices; and
‘‘(E) to develop and improve alternative
technologies to identify and monitor outside
force damage to pipelines.
‘‘(2) COOPERATIVE.—The Secretary may par-
ticipate in additional technological development
through cooperative agreements with trade associa-
tions, academic institutions, or other qualified orga-
nizations.
‘‘(b) PIPELINE SAFETY AND RELIABILITY RESEARCH
AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation, in coordination with the Secretary of Energy,
shall develop and implement an accelerated coopera-
tive program of research and development to ensure
the integrity of natural gas and hazardous liquid
pipelines. This research and development program—
‘‘(A) may include materials inspection
techniques, risk assessment methodology, and
information systems surety; and
‘‘(B) shall complement, and not replace,
the research program of the Department of En-
ergy addressing natural gas pipeline issues ex-
isting on the date of enactment of this section.
‘‘(2) PURPOSE.—The purpose of the cooperative
research program shall be to promote pipeline safety
research and development to—
‘‘(A) ensure long-term safety, reliability,
and service life for existing pipelines;
‘‘(B) expand capabilities of internal inspec-
tion devices to identify and accurately measure
defects and anomalies;
‘‘(C) develop inspection techniques for
pipelines that cannot accommodate the internal
inspection devices available on the date of en-
actment of this section;
‘‘(D) develop innovative techniques to
measure the structural integrity of pipelines to
prevent pipeline failures;
‘‘(E) develop improved materials and coat-
ings for use in pipelines;
‘‘(F) improve the capability, reliability, and
practicality of external leak and rupture detec-
tion devices;
‘‘(G) identify underground environments
that might lead to shortened service life;
‘‘(H) enhance safety in pipeline siting and
land use;
‘‘(I) minimize the environmental impact of
pipelines;
‘‘(J) demonstrate technologies that im-
prove pipeline safety, reliability, and integrity;
‘‘(K) provide risk assessment tools for opti-
mizing risk mitigation strategies; and
‘‘(L) provide highly secure information sys-
tems for controlling the operation of pipelines.
‘‘(3) AREAS.—In carrying out this subsection,
the Secretary of Transportation, in coordination
with the Secretary of Energy, may consider research
and development on natural gas, crude oil, and pe-
troleum product pipelines for—
‘‘(A) early crack, defect, and damage de-
tection, including real-time damage monitoring;
‘‘(B) automated internal pipeline inspec-
tion sensor systems;
‘‘(C) land use guidance and set back man-
agement along pipeline rights-of-way for com-
munities;
‘‘(D) internal corrosion control;
‘‘(E) corrosion-resistant coatings;
‘‘(F) improved cathodic protection;
‘‘(G) inspection techniques where internal
inspection is not feasible, including measure-
ment of structural integrity;
‘‘(H) external leak and rupture detection,
including portable real-time video imaging tech-
nology, and the advancement of computerized
control center leak and rupture detection sys-
tems utilizing real-time remote field data input;
‘‘(I) longer life, high strength, non-corro-
sive pipeline materials;
‘‘(J) assessing the remaining strength of
existing pipes;
‘‘(K) risk and reliability analysis models, to
be used to identify safety improvements that
could be realized in the near term resulting
from analysis of data obtained from a pipeline
performance tracking initiative;
‘‘(L) identification, monitoring, and pre-
vention of outside force damage, including sat-
ellite surveillance; and
‘‘(M) any other areas necessary to ensur-
ing the public safety and protecting the environ-
ment.
‘‘(4) POINTS OF CONTACT.—
‘‘(A) IN GENERAL.—To coordinate and im-
plement the research and development pro-
grams and activities authorized under this
subsection—
‘‘(i) the Secretary of Transportation
shall designate, as the point of contact for
the Department of Transportation, an offi-
cer of the Department of Transportation
who has been appointed by the President
and confirmed by the Senate; and
‘‘(ii) the Secretary of Energy shall
designate, as the point of contact for the
Department of Energy, an officer of the
Department of Energy who has been ap-
pointed by the President and confirmed by
the Senate.
‘‘(B) DUTIES.—
‘‘(i) DOT POINT OF CONTACT.—The
point of contact for the Department of
Transportation shall have the primary re-
sponsibility for coordinating and overseeing
the implementation of the research, devel-
opment, and demonstration program plan
under paragraphs (5) and (6).
‘‘(ii) JOINT
RESPONSIBILITIES.—The
points of contact shall jointly assist in ar-
ranging cooperative agreements for re-
search, development, and demonstration in-
volving their respective Departments, na-
tional laboratories, universities, and indus-
try research organizations.
‘‘(5) RESEARCH AND DEVELOPMENT PROGRAM
PLAN.—Not later than 1 year after the date of en-
actment of this section, the Secretary of Transpor-
tation, in coordination with the Secretary of Energy,
shall prepare and submit to Congress a 5-year pro-
gram plan to guide activities under this subsection.
In preparing the program plan, the Secretary shall
consult with appropriate representatives of the nat-
ural gas, crude oil, and petroleum product pipeline
industries to select and prioritize appropriate project
proposals. The Secretary may also seek the advice of
utilities, manufacturers, institutions of higher learn-
ing, Federal agencies, pipeline research institutions,
national laboratories, State pipeline safety officials,
environmental organizations, pipeline safety advo-
cates, and professional and technical societies.
‘‘(6) 
IMPLEMENTATION.—The 
Secretary 
of
Transportation shall have primary responsibility for
ensuring the 5-year plan provided for in paragraph
(5) is implemented as intended. In carrying out the
research, development, and demonstration activities
under this paragraph, the Secretary of Transpor-
tation and the Secretary of Energy may use, to the
extent authorized under applicable provisions of law,
contracts, cooperative agreements, cooperative re-
search and development agreements under the Ste-
venson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3701 et seq.), grants, joint ventures,
other transactions, and any other form of agreement
available to the Secretary.
‘‘(7) REPORTS TO CONGRESS.—The Secretary
of Transportation shall report to the Congress annu-
ally as to the status and results to date of the imple-
mentation of the research and development program
plan. The report shall include the activities of the
Departments of Transportation and Energy, na-
tional laboratories, universities, and any other re-
search organizations, including industry research or-
ganizations.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 601 is amended by adding at the end the fol-
lowing:
‘‘60130. Research and development.’’.
SEC. 5. COMMUNITY RIGHT-TO-KNOW AND EMERGENCY
PREPAREDNESS.
Section 60116 is amended to read as follows:
‘‘§ 60116. Community right-to-know and emergency
preparedness
‘‘(a) PUBLIC EDUCATION PROGRAMS.—
‘‘(1) IN
GENERAL.—Each operator of a gas
pipeline or hazardous liquid pipeline facility shall
carry out a continuing program to educate the pub-
lic on—
‘‘(A) the use of a one-call notification sys-
tem prior to excavation and other damage pre-
vention activities;
‘‘(B) the possible hazards associated with
unintended releases from the pipeline facility;
‘‘(C) the physical indications that such a
release may have occurred;
‘‘(D) what steps should be taken for public
safety in the event of a pipeline release; and
‘‘(E) how to report such an event.
‘‘(2) REVIEW
OF
EXISTING
PROGRAMS.—Not
later than 1 year after the date of enactment of this
paragraph, each operator of a gas pipeline or haz-
ardous liquid pipeline facility shall review its existing
public education program for effectiveness and mod-
ify the program as necessary. The completed pro-
gram shall be reviewed by the Secretary of Trans-
portation as an element of Departmental inspec-
tions.
‘‘(3) STANDARDS.—The Secretary may issue
standards prescribing the details of a public edu-
cation program and providing for periodic review of
the program’s effectiveness and modification as
needed. The Secretary may also develop material for
use in the program.
‘‘(4) TECHNICAL ASSISTANCE.—The Secretary
may provide technical assistance on public safety
and public education programming regarding pipe-
line safety as follows:
‘‘(A) TO
PIPELINE
INDUSTRY.—To the
pipeline industry, technical assistance on—
‘‘(i) developing public safety and pub-
lic education program content; and
‘‘(ii) using best practices for program
delivery and on evaluating the effectiveness
of the programs.
‘‘(B) TO STATE AND LOCAL OFFICIALS.—
To State and local officials, technical assistance
on applying practices developed in the public
safety and public education programs to their
activities to promote pipeline safety.
‘‘(b) PUBLIC AVAILABILITY OF REPORTS.—The Sec-
retary shall make available to the public a safety-related
condition report filed by an operator under section
60102(h) and a report of a pipeline incident filed by an
operator under this chapter.
‘‘(c) EMERGENCY PREPAREDNESS.—
‘‘(1) OPERATOR
LIAISON.—Not later than 1
year after the date of enactment of this section, each
operator of a gas pipeline or hazardous liquid pipe-
line facility shall initiate and maintain liaison with
the State emergency response commissions, and local
emergency planning committees in the areas of pipe-
line right-of-way, established under section 301 of
the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001) in each State
in which it operates.
‘‘(2) EMERGENCY RESPONSE PLANS.—The Sec-
retary shall prescribe standards to require each op-
erator of a gas pipeline or hazardous liquid pipeline
facility—
‘‘(A) to develop an emergency response
plan for responding to incidents involving the
facility; and
‘‘(B) to make the plan available upon re-
quest to State and local officials.
‘‘(3) COOPERATION WITH LOCAL OFFICIALS.—
Each operator of a gas pipeline or hazardous liquid
pipeline facility shall work in cooperation with State
and local officials in the development of State and
local emergency response plans for responding to in-
cidents involving the facility.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 601 is amended by striking the item relating to
section 60116 and inserting the following:
‘‘60116. Community right-to-know and emergency preparedness.’’.
SEC. 6. STATE OVERSIGHT ROLE.
(a) STATE AGREEMENTS WITH CERTIFICATION.—
Section 60106 is amended—
(1) in the heading for subsection (a) by striking
‘‘GENERAL
AUTHORITY’’ and inserting ‘‘AGREE-
MENTS WITHOUT CERTIFICATION’’;
(2) by redesignating subsections (b), (c), and
(d) as subsections (c), (d), and (e), respectively; and
(3) by inserting after subsection (a) the fol-
lowing:
‘‘(b) AGREEMENTS WITH CERTIFICATION.—
‘‘(1) IN GENERAL.—If the Secretary accepts a
certification under section 60105 from a State au-
thority and makes the determination required under
paragraph (2), the Secretary may make an agree-
ment with the State authority to develop a plan by
which the State authority has a role in the oversight
of interstate pipelines—
‘‘(A) by participating in special investiga-
tions involving interstate pipeline incidents
within the boundaries of the State;
‘‘(B) by participating in oversight of new
construction of interstate pipelines within such
boundaries;
‘‘(C) by participating as an interstate
agent by carrying out inspection responsibilities
for interstate pipelines within such boundaries
to ensure compliance with Federal pipeline safe-
ty standards;
‘‘(D) by providing written comments and
recommendations on interstate pipeline risk
analysis and integrity management programs
for interstate pipelines within such boundaries
pursuant to section 60109(c)(7); and
‘‘(E) by participating in any other activi-
ties relating to pipeline safety permissible under
this chapter on the day before the date of en-
actment of this subparagraph.
‘‘(2) DETERMINATIONS
REQUIRED.—The Sec-
retary may not enter into an agreement under this
subsection unless the Secretary determines that—
‘‘(A) the agreement is consistent with the
Secretary’s program for inspection and with the
safety policies and provisions of this chapter;
‘‘(B) the agreement would not adversely
affect the oversight responsibilities of intrastate
pipeline transportation by the State authority;
‘‘(C) the State is carrying out a program
demonstrated to promote preparedness and risk
prevention activities that enhance the safety of
communities from the risks of pipelines;
‘‘(D) the State meets the minimum stand-
ards for State one-call notification set forth in
chapter 61; and
‘‘(E) the actions planned under the agree-
ment would not adversely affect interstate com-
merce or public safety.
‘‘(3) EXISTING AGREEMENTS.—Except as pro-
vided in subsection (e), an agreement between the
Secretary and a State authority that is in effect on
the date of enactment of this paragraph shall remain
in effect until the Secretary determines that the
State meets the requirements for a determination
under paragraph (2).
‘‘(4) CITIZEN PARTICIPATION.—The Secretary
or the State authority may provide for citizen par-
ticipation with respect to entry into and implementa-
tion of an agreement under this subsection.’’.
(b) SECRETARY’S RESPONSE TO STATE NOTICES OF
VIOLATIONS.—Subsection (c) of section 60106 (as redes-
ignated by subsection (a)(2) of this section) is amended—
(1) by striking ‘‘Each agreement’’ and inserting
the following:
‘‘(1) IN GENERAL.—Each agreement’’;
(2) by adding at the end the following:
‘‘(2) RESPONSE BY SECRETARY.—If a State au-
thority notifies the Secretary under paragraph (1) of
a violation or probable violation of an applicable
safety standard, the Secretary, not later than 60
days after the date of receipt of the notification,
shall—
‘‘(A) 
issue 
an 
order 
under 
section
60118(b) or take other appropriate enforcement
actions to ensure compliance with this chapter;
or
‘‘(B) provide the State authority with a
written explanation as to why the Secretary has
determined not to take such actions.’’; and
(3) by aligning the text of paragraph (1) (as
designated by this subsection) with paragraph (2)
(as added by this subsection).
(c) ENDING AGREEMENTS.—Subsection (e) of section
60106 (as redesignated by subsection (a)(2) of this sec-
tion) is amended to read as follows:
‘‘(e) ENDING AGREEMENTS.—
‘‘(1) PERMISSIVE
TERMINATION.—The Sec-
retary may end an agreement under this section if
the Secretary finds that the State authority has not
complied with a provision of the agreement.
‘‘(2) MANDATORY
TERMINATION
OF
AGREE-
MENT.—Subject to paragraph (3), the Secretary
shall end an agreement for the oversight of inter-
state pipeline transportation if the Secretary finds
that—
‘‘(A) implementation of the agreement has
adversely affected the oversight responsibilities
of intrastate pipeline transportation by the
State authority;
‘‘(B) the State actions under the agree-
ment have failed to meet the requirements of
subsection (b); or
‘‘(C) continued participation by the State
authority in the oversight of interstate pipeline
transportation is not enhancing pipeline safety.
‘‘(3) PROCEDURAL REQUIREMENTS.—
‘‘(A) NOTICE
AND
OPPORTUNITY
FOR
HEARING.—The Secretary shall provide a State
authority with notice and an opportunity for a
hearing before ending an agreement with the
State authority under this section.
‘‘(B) PUBLICATION OF FINDING AND DECI-
SION IN FEDERAL REGISTER.—A finding and
decision of the Secretary to end an agreement
with a State authority under this section shall
be published in the Federal Register and may
not become effective for at least 15 days after
the date of such publication unless the Sec-
retary finds that continuation of the agreement
poses an imminent hazard to human health or
the environment.’’.
SEC. 7. PENALTIES.
(a) CIVIL
PENALTIES.—Section 60122(a)(1) is
amended—
(1) by striking ‘‘$25,000’’ and inserting
‘‘$500,000’’;
(2) by striking ‘‘$500,000’’ and inserting
‘‘$1,000,000’’; and
(3) by adding at the end the following: ‘‘The
preceding sentence does not apply to a judicial en-
forcement action under section 60120 or 60121.’’.
(b) PENALTY CONSIDERATIONS.—Section 60122(b)
is amended to read as follows:
‘‘(b) PENALTY CONSIDERATIONS.—
‘‘(1) MANDATORY CONSIDERATIONS.—In deter-
mining the amount of a civil penalty under this sec-
tion, the Secretary shall consider—
‘‘(A) the nature, circumstances, and grav-
ity of the violation, including adverse impact on
the environment;
‘‘(B) with respect to the violator, the de-
gree of culpability, any history of prior viola-
tions, the ability to pay, any effect on ability to
continue doing business; and
‘‘(C) good faith in attempting to comply.
‘‘(2) 
DISCRETIONARY
CONSIDERATIONS.—In
determining the amount of a civil penalty under this
section, the Secretary may consider—
‘‘(A) the economic benefit gained from the
violation without any discount because of subse-
quent damages; and
‘‘(B) other matters that justice requires.’’.
(c) EXCAVATOR
DAMAGE.—Section 60123(d) is
amended—
(1) in the matter preceding paragraph (1) by
striking ‘‘knowingly and willfully’’;
(2) in paragraph (1) by inserting ‘‘knowingly
and willfully’’ before ‘‘engages’’; and
(3) by striking paragraph (2)(B) and inserting
the following:
‘‘(B) a pipeline facility, is aware of dam-
age, and does not report the damage promptly
to the operator of the pipeline facility and to
other appropriate authorities; or’’.
(d) CIVIL ACTIONS.—Section 60120(a) is amended—
(1) by striking ‘‘(a) CIVIL ACTIONS.—(1)’’ and
all that follows through ‘‘(2) At the request’’ and in-
serting the following:
‘‘(a) CIVIL ACTIONS.—
‘‘(1) CIVIL ACTIONS TO ENFORCE THIS CHAP-
TER.—At the request of the Secretary of Transpor-
tation, the Attorney General may bring a civil action
in an appropriate district court of the United States
to enforce this chapter, including section 60112, or
a regulation prescribed or order issued under this
chapter. The court may award appropriate relief, in-
cluding a temporary or permanent injunction, puni-
tive damages, and assessment of civil penalties con-
sidering the same factors as prescribed for the Sec-
retary in an administrative case under section
60122.
‘‘(2) CIVIL ACTIONS TO REQUIRE COMPLIANCE
WITH SUBPOENAS OR ALLOW FOR INSPECTIONS.—At
the request’’; and
(2) by aligning the remainder of the text of
paragraph (2) with the text of paragraph (1).
SEC. 8. POPULATION ENCROACHMENT.
Section 60127 is amended to read as follows:
‘‘§ 60127. Population encroachment
‘‘(a) STUDY.—The Secretary of Transportation, in
consultation with appropriate Federal agencies and State
and local governments, shall undertake a study of land
use practices and zoning ordinances with regard to pipe-
line rights-of-way.
‘‘(b) PURPOSE OF STUDY.—The purpose of the study
shall be to gather information on land use practices and
zoning ordinances—
‘‘(1) to determine effective practices to limit en-
croachment on existing pipeline rights-of-way;
‘‘(2) to address and prevent the hazards and
risks to the public and the environment associated
with encroachment on pipeline rights-of-way; and
‘‘(3) to raise the awareness of the risks and
hazards of encroachment on pipeline rights-of-way.
‘‘(c) CONSIDERATIONS.—In conducting the study, the
Secretary shall consider, at a minimum, the following:
‘‘(1) The legal authority of Federal agencies
and State and local governments in controlling land
use and the limitations on such authority.
‘‘(2) The current practices of Federal agencies
and State and local governments in addressing land
use issues involving a pipeline easement.
‘‘(3) The most effective way to encourage Fed-
eral agencies and State and local governments to
monitor and reduce encroachment upon pipeline
rights-of-way.
‘‘(d) REPORT.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this subsection, the Sec-
retary shall publish a report identifying practices,
laws, and ordinances that are most successful in ad-
dressing issues of encroachment on pipeline rights-
of-way so as to more effectively protect public safety
and the environment.
‘‘(2) DISTRIBUTION
OF
REPORT.—The Sec-
retary shall provide a copy of the report to appro-
priate Federal agencies and to States for further
distribution to appropriate local authorities.
‘‘(3) ADOPTION OF PRACTICES, LAWS, AND OR-
DINANCES.—The Secretary shall encourage Federal
agencies and State and local governments to adopt
and implement appropriate practices, laws, and ordi-
nances, as identified in the report, to address the
risks and hazards associated with encroachment
upon pipeline rights-of-way.’’.
SEC. 9. RECORDS, REPORTS, AND INFORMATION.
Section 60117(b) is amended to read as follows:
‘‘(b) RECORDS, REPORTS, AND INFORMATION.—
‘‘(v) the cause or causes of the re-
lease,
‘‘(vi) the extent of damage to property
and the environment; and
‘‘(vii) the response undertaken to
clean up the release.
‘‘(3) AVAILABILITY OF INFORMATION DURING
INCIDENT INVESTIGATIONS.—During the course of
an incident investigation, a person owning or oper-
ating a pipeline facility shall make records, reports,
and information required under subsection (a) (and
other reasonably described records, reports, and in-
formation relevant to the incident investigation)
available to the Secretary within the time limits pre-
scribed in a written request.
‘‘(4) GATHERING LINES.—The Secretary may
require owners and operators of gathering lines to
provide the Secretary information pertinent to the
Secretary’s ability to make a determination as to
whether and to what extent to regulate gathering
lines.’’.
SEC. 10. NATIONAL PIPELINE MAPPING SYSTEM.
(a) IN GENERAL.—Chapter 601 is further amended
by adding at the end the following:
‘‘§ 60131. National pipeline mapping system
‘‘(a) INFORMATION TO BE PROVIDED.—Not later
than 6 months after the date of enactment of this section,
a person owning or operating a natural gas transmission
pipeline or a hazardous liquid pipeline facility shall provide
to the Secretary the following information with respect to
each pipeline it owns or operates:
‘‘(1) Geospatial data appropriate for use in the
National Pipeline Mapping System.
‘‘(2) The name and address of the person with
primary operational control to be identified as its op-
erator for purposes of this chapter.
‘‘(3) A means for a member of the public to
contact the operator for additional information
about the pipeline facilities it operates.
‘‘(b) UPDATES.—A person providing information
under subsection (a) shall provide to the Secretary up-
dates of the information to reflect changes in the pipeline
facility owned or operated by the person and as otherwise
required by the Secretary.
‘‘(c) TECHNICAL ASSISTANCE TO IMPROVE LOCAL
RESPONSE CAPABILITIES.—The Secretary may provide
technical assistance to State and local officials to improve
local response capabilities for pipeline emergencies by
adapting information available through the National Pipe-
line Mapping System to software used in first responder
vehicles responding to pipeline emergencies.
‘‘(d) AVAILABILITY OF MAPS.—
‘‘(1) IN GENERAL.—A person owning or oper-
ating a natural gas transmission pipeline or haz-
ardous liquid pipeline facility shall—
‘‘(A) make maps of the facility available
for public inspection; and
‘‘(B) provide to a State or local official,
emergency response agency, or advisory com-
mittee established by the Governor of a State
upon request a map of the facility (in paper
form) in the area represented by the person re-
questing the map.
‘‘(2) UPDATES.—A person providing a map
under paragraph (1)(B) shall provide upon request
to the person requesting the map updates of the
map to reflect changes in the pipeline facility de-
picted on the map.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 601 is amended by adding at the end the fol-
lowing:
‘‘60131. National pipeline mapping system.’’.
SEC. 11. STATE PIPELINE SAFETY ADVISORY COMMITTEES.
(a) IN GENERAL.—Chapter 601 is further amended
by adding at the end the following:
‘‘§ 60132. State pipeline safety advisory committees
‘‘Not later than 90 days after receiving recommenda-
tions for improvements to pipeline safety from an advisory
committee appointed by the Governor of any State, the
Secretary 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 recommendations.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 601 is amended by adding at the end the fol-
lowing:
‘‘60132. State pipeline safety advisory committees.’’.
SEC. 12. PIPELINE RIGHTS-OF-WAY AND THE ENVIRON-
MENT.
(a) IN GENERAL.—Chapter 601 is further amended
by adding at the end the following:
‘‘§ 60133. Pipeline rights-of-way and the environment
‘‘(a) STUDY.—The Secretary of Transportation may
conduct a study on how best to preserve environmental
resources in conjunction with maintaining pipeline rights-
of-way.
‘‘(b) REQUIRED CONSIDERATION.—Any study con-
ducted under this section shall recognize pipeline opera-
tors’ regulatory obligations to maintain rights-of-way and
to protect public safety.’’.
(b) CONFORMING
AMENDMENT.—The analysis for
chapter 601 is amended by adding at the end the fol-
lowing:
‘‘60133. Pipeline rights-of-way and the environment.’’.
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 2002.
‘‘(B) $44,500,000 for fiscal year 2003.
‘‘(C) $45,800,000 for fiscal year 2004.
‘‘(D) $46,300,000 for fiscal year 2005.
‘‘(E) $46,300,000 for fiscal year 2006.
‘‘(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 60130:
‘‘(A) $4,000,000 for fiscal year 2002.
‘‘(B) $5,500,000 for fiscal year 2003.
‘‘(C) $6,000,000 for fiscal year 2004.
‘‘(D) $6,500,000 for fiscal year 2005.
‘‘(E) $6,500,000 for fiscal year 2006.’’.
(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), (d), and (e), 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 2002.
‘‘(B) $20,500,000 for fiscal year 2003.
‘‘(C) $21,500,000 for fiscal year 2004.
‘‘(D) $21,500,000 for fiscal year 2005.
‘‘(E) $21,500,000 for fiscal year 2006.’’.
(c) OIL SPILLS.—Section 60125 is amended by in-
serting after subsection (b) (as redesignated by subsection
(b)(1) of this section) the following:
‘‘(c) OIL SPILL LIABILITY TRUST FUND.—Of the
amounts available in the Oil Spill Liability Trust Fund,
$8,000,000 shall be transferred to the Secretary of Trans-
portation in each of fiscal years 2002 through 2006, as
provided in appropriation Acts, to carry out programs au-
thorized in this Act.’’.
(d) CONFORMING AMENDMENT.—Section 60125(d)
(as redesignated by subsection (b)(1) of this section) is
amended by striking ‘‘or (b) of this section’’.
Æ