Accountable Pipeline Safety and Partnership Act of 1996
PL 104-304 (S.1505), enacted 10/12/1996

PUBLIC LAW 104-304—OCT. 12, 1996 
110 STAT. 3793 
Public Law 104-304 
104th Congress 
An Act 
To reduce risk to public safety and the environment associated with pipeline 
transportation of natural gas and hazardous liquids, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. 
"Accountable Pipeline Safety 
SECTION 1. SHORT TITLEL 
This Act may be cited as the 
and Partnership Act of 1996". 
SEC. 2. REFERENCES. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or 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. 
SEC. 3. DEFINITIONS. 
(a) IN GENERAL.—Section 60101(a) is amended— 
(1) by striking the periods at the end of paragraphs (1) 
through (22) and inserting semicolons; 
(2) by striking paragraph (21)(B) and inserting the follow-
ing: 
"(B) does not include the gathering of gas, other than 
gathering through regulated gathering lines, in those rural 
locations that are located outside the limits of any incor-
porated or unincorporated city, town, or village, or any 
other designated residential or commercial area (including 
a subdivision, business, shopping center, or community 
development) or any similar populated area that the Sec-
retary of Transportation determines to be a nonrural area, 
except that the term 'transporting gas' includes the move-
ment of gas through regulated gathering lines;"; and 
(3) by adding at the end the following: 
"(23) 'risk management' means the systematic application, 
by the owner or operator of a pipeline facility, of management 
policies, procedures, finite resources, and practices to the tasks 
of identifying, analyzing, assessing, reducing, and controlling 
risk in order to protect employees, the general public, the 
environment, and pipeline facilities; 
"(24) 'risk management plan' means a management plan 
utilized by a gas or hazardous liquid pipeline facility owner 
or operator that encompasses risk management; and 
"(25) 'Secretary* means the Secretary of Transportation.". 
Oct. 12, 1996 
IS. 1505] 
Accountable 
Pipeline Safety 
and Partnership 
Act of 1996. 
49 u s e 60101 
note. 
110 STAT. 3794 
PUBLIC LAW 104-304—OCT. 12, 1996 
(b) GATHERING LINES.—Section 60101(b)(2) is amended by 
inserting ", if appropriate," after "Secretary" the first place it 
appears. 
SEC. 4. GENERAL AUTHORITY. 
(a) MINIMUM SAFETY STANDARDS.—Section 60102(a) is amend-
ed— 
(1) by striking "transporters of gas and hazardous Hquid 
and to" in paragraph (1)(A); 
(2) by striking paragraph (1)(C) and inserting the following: 
"(C) shall include a requirement that all individuals 
who operate and maintain pipeline facilities shall be quali-
fied to operate and maintain the pipeline facilities."; and 
(3) by striking paragraph (2) and inserting the following: 
"(2) The qualifications applicable to an individual who oper-
ates and maintains a pipeline facility shall address the ability 
to recognize £ind react appropriately to abnormal operating 
conditions that may indicate a dangerous situation or a condi-
tion exceeding design limits. The operator of a pipeline facility 
shall ensure that employees who operate and maintain the 
facility are qualified to operate and maintain the pipeline facili-
ties.". 
(b) PRACTICABILITY AND SAFETY NEEDS STANDARDS.—Section 
60102(b) is amended to read as follows: 
"(b) PRACTICABILITY AND SAFETY NEEDS STANDARDS.— 
"(1) IN GENERAL.—^A standard prescribed under subsection 
(a) shall be— 
"(A) practicable; and 
"(B) designed to meet the need for— 
"(i) gas pipeline safety, or safely transporting 
hazardous liquids, as appropriate; and 
"(ii) protecting the environment. 
"(2) FACTORS FOR CONSIDERATION.—When prescribing any 
standsird under this section or section 60101(b), 60103, 60108, 
60109, 60110, or 60113, the Secretary shall consider— 
"(A) relevant available— 
"(i) gas pipeline safety information; 
"(ii) hazardous liquid pipeline safety information; 
and 
"(iii) environmental information; 
"(B) the appropriateness of the standard for the 
particular t5Tpe of pipeline transportation or facility; 
"(C) the reasonableness of the standard; 
"(D) based on a risk assessment, the reasonably identi-
fiable 
or estimated benefits expected to result from 
implementation or compliance with the standard; 
"(E) based on a risk assessment, the reasonably identi-
fiable 
or 
estimated 
costs 
expected 
to result 
from 
implementation or compliance with the stsuidard; 
"(F) comments and information received from the pub-
lic; and 
"(G) the comments and recommendations of the Tech-
nical Pipeline Safety Standards Committee, the Technical 
Hazardous Liquid Pipeline Safety Standards Committee, 
or both, as appropriate. 
PUBLIC LAW 104-304—OCT. 12, 1996 
110 STAT. 3795 
"(3) RISK ASSESSMENT.—In conducting a risk assessment 
referred to in subparagraphs (D) and (E) of paragraph (2), 
the Secretary shall— 
"(A) identify the regulatory and nonregulatory options 
that the Secretsiry considered in prescribing a proposed 
standard; 
"(B) identify the costs and benefits associated with 
the proposed standard; 
"(C) include— 
"(i) an explanation of the reasons for the selection 
of the proposed standard in lieu of the other options 
identified; and 
"(ii) with respect to each of those other options, 
a brief explanation of the reasons that the Secretary 
did not select the option; and 
"(D) identify technical data or other information upon 
which the risk assessment information and proposed stand-
ard is based. 
"(4) REVIEW.— 
"(A) IN GENERAL.—The Secretary shall— 
"(i) submit any risk assessment information pre-
pared under paragraph (3) of this subsection to the 
Technical Pipeline Safety Stsmdards Committee, the 
Technical Hazardous Liquid Pipeline Safety Standards 
Committee, or both, as appropriate; and 
"(ii) make that risk assessment information avail-
able to the general public. 
"(B) PEER REVIEW PANELS.—The committees referred 
to in subparagraph (A) shall serve as peer review panels 
to review risk assessment information prepared imder this 
section. Not later than 90 days after receiving risk assess- Reports, 
ment information for review pursuant to subparagraph (A), 
each committee that receives that risk assessment informa-
tion shall prepare and submit to the Secretary a report 
that includes— 
"(i) an evaluation of the merit of the data and 
methods used; and 
"(ii) any recommended options relating to that risk 
assessment information and the associated standard 
that the committee determines to be appropriate. 
"(C) REVIEW BY SECRETARY.—Not later than 90 days 
after receiving a report submitted by a committee under 
subparagraph (B), the Secretary— 
"(i) shall review the report; 
"(ii) shall provide a written response to the commit-
tee that is the author of the report concerning all 
significsuit peer review comments and recommended 
alternatives contained in the report; and 
"(iii) may revise the risk assessment and the pro-
posed standard before promulgating the final standard. 
"(5) SECRETARIAL DECISIONMAKING.—Except where other- standards. 
wise required by statute, the Secretary shall propose or issue 
a standard under this Chapter only upon a reasoned determina-
tion that the benefits of the intended standard justify its costs. 
"(6) EXCEPTIONS FROM APPLICATION.—The requirements of 
subparagraphs (D) and (E) of paragraph (2) do not apply when— 
110 STAT. 3796 
PUBLIC LAW 104-304—OCT. 12, 1996 
"(A) the standard is the product of a negotiated rule-
making, or other rulemaking including the adoption of 
industry standeirds that receives no significant adverse 
comment within 60 days of notice in the Federal Register; 
"(B) based on a recommendation (in which three-
fourths of the members voting concur) by the Technical 
Pipeline 
Safety 
Standards 
Committee, the Technical 
Hazardous Liquid Pipeline Ssifety Standards Committee, 
or both, as applicable, the Secretary waives the require-
ments; or 
"(C) 
the 
Secretary 
finds, 
pursuant 
to 
section 
553(b)(3)(B) of title 5, United States Code, that notice and 
public procedure are not required. 
"(7) REPORT.—Not later than March 31, 2000, the Secretary 
shall transmit to the Congress a report that— 
"(A) describes the implementation of the risk assess-
ment requirements of this section, including the extent 
to which those requirements have affected 
regulatory 
decisionmaking and pipeline safety; and 
"(B) includes any recommendations that the Secretary 
determines would make the risk assessment process con-
ducted pursuant to the requirements under this chapter 
a more effective means of assessing the benefits and costs 
associated with alternative regulatory and nonregulatory 
options in prescribing standards imder the Federal pipeline 
safety regulatory program under this chapter.". 
(c) FACILITY OPERATION INFORMATION STANDARDS.—The first 
sentence of section 60102(d) is amended— 
(1) by inserting "as required by the steindards prescribed 
under this chapter" after "operating the facility"; 
(2) by striking "to provide the information" and inserting 
"to make the information available"; and 
(3) by inserting "as determined by the Secretar}^' after 
"to the Secretary and an appropriate State official". 
(d) PIPE INVENTORY STANDARDS.—The first sentence of section 
60102(e) is amended— 
(1) by striking "and, to the extent the Secretary considers 
necessary, an operator of a gathering line that is not a regulated 
gather line (as defined under section 60101(b)(2) of this title),"; 
£ind 
(2) by striking "transmission" and inserting "transpor-
tation". 
(e) SMART PIGS.— 
(1) 
MINIMUM 
SAFETY STANDARDS.—Section 60102(f) 
is 
amended by striking paragraph (1) and inserting the following: 
"(1) MINIMUM SAFETY STANDARDS.—The Secretary shall pre-
scribe minimum safety standards requiring that— 
"(A) the design and construction of new natural gas 
transmission pipeline or hazardous liquid pipeline facilities, 
and 
"(B) when the replacement of existing natural gas 
transmission pipeline or hazardous liquid pipeline facilities 
or equipment is required, the replacement of such existing 
facilities be carried out, to the extent practicable, in a 
manner so as to accommodate the passage through such 
natural gas trsinsmission pipeline or hazardous liquid pipe-
line facilities of instrumented internal inspection devices 
PUBLIC LAW 104-304—OCT. 12, 1996 
110 STAT. 3797 
(commonly referred to as 'smart pigs'). The Secretary may 
extend such standards to require existing natural gas 
transmission pipeline or hazardous liquid pipeline facilities, 
whose 
basic 
construction 
would 
accommodate 
an 
instrumented internal inspection device to be modified to 
permit the inspection of such facilities with instrumented 
internal inspection devices.". 
(2) PERIODIC INSPECTIONS.—Section 60102(f)(2) is amend-
ed— 
(A) by striking "(2) Not later than" and inserting the 
following: 
"(2) PERIODIC INSPECTIONS.—Not later than"; and 
(B) by inserting ", if necessary, additional" after "the 
Secretary shall prescribe". 
(f) UPDATING STANDARDS.—Section 60102 is amended by adding 
at the end the following: 
"(1) UPDATING STANDARDS.—The Secretary shall, to the extent 
appropriate and practicable, update incorporated industry stand-
ards that have been adopted as part of the Federal pipeline safety 
regulatory program under this chapter.". 
(g) MAPPING.—Section 60102(c) is amended by adding at the 
end thereof the following: 
"(4) PROMOTING PUBLIC AWARENESS.— 
"(A) Not later than one year after the date of enactment 
of the Accountable Pipeline Safety and Accountability Act 
of 1996, and annually thereafter, the owner or operator 
of each interstate gas pipeline facility shall provide to 
the governing body of each municipality in which the inter-
state gas pipeline facility is located, a map identifjdng 
the location of such facility. 
"(B)(i) Not later than June 1, 1998, the Secretary shall 
survey and assess the public education programs under 
section 60116 and the public safety programs under section 
60102(c) and determine their effectiveness and applicability 
as components of a model program. In particular, the sur-
vey shall include the methods by which operators notify 
residents of the location of the facility and its right of 
way, public information regarding existing One-Call pro-
grams, and appropriate procedures to be followed by resi-
dents of affected municipalities in the event of accidents 
involving interstate gas pipeline facilities. 
"(ii) Not later than one year after the survey and 
assessment are completed, the Secretary shall institute 
a rulemaking to determine the most effective public safety 
and education program components and promulgate if 
appropriate, standards implementing those cotnponents on 
a nationwide basis. In the event that the Secretary finds Rulemaking, 
that promulgation of such standards are not appropriate. Reports. 
the Secretary shall report to Congress the reasons for that 
finding.", 
(h) REMOTE CONTROL.—Section 60102(j) is amended by adding 
at the end thereof the following: 
"(3) REMOTELY CONTROLLED VALVES.—(A) Not later than 
June 1, 1998, the Secretary shall survey and assess the 
effectiveness of remotely controlled valves to shut off the flow 
of natural gas in the event of a rupture of an interstate natural 
gas pipeline facility and shall make a determination about 
110 STAT. 3798 
PUBLIC LAW 104-304—OCT. 12, 1996 
whether the use of remotely controlled valves is technically 
Eind economically feasible and would reduce risks associated 
with a rupture of an interstate natural gas pipeline facility. 
Standards. 
"(B) Not later than one year after the survey and assess-
ment are completed, if the Secreteiry has determined that the 
use of remotely controlled valves is technically and economically 
feasible and would reduce risks associated with a rupture of 
an interstate natural gas pipeline facility, the Secretary shall 
prescribe standards under which an operator of an interstate 
natural gas pipeline facility must use a remotely controlled 
valve. These standards shall include, but not be limited to, 
requirements for high-density population areas.". 
SEC. 6. RISK MANAGEMENT. 
(a) IN GENERAL.—Chapter 601 is amended by adding at the 
end the following: 
*
^
§ 60126. Risk management 
"(a) RISK MANAGEMENT PROGRAM DEMONSTRATION PROJECTS.— 
"(1) IN GENERAL.—The Secretary shall establish risk 
management demonstration projects— 
"(A) to demonstrate, through the voluntary participa-
tion by owners and operators of gas pipeline facilities and 
hazardous liquid pipeline facilities, the application of risk 
management; and 
"(B) to evaluate the safety and cost-effectiveness of 
the program. 
"(2) EXEMPTIONS.—In carrying out a demonstration project 
under this subsection, the Secretary, by order— 
"(A) may exempt an owner or operator of the pipeline 
facility covered under the project (referred to in this sub-
section as a 'covered pipeline facility'), from the applicabil-
ity of all or a portion of the requirements under this chapter 
that would otherwise apply to the covered pipeline facility; 
and 
"(B) shall exempt, for the period of the project, an 
owner or operator of the covered pipeline facility, from 
the applicabihty of any new steindard that the Secretary 
promulgates under this chapter during the period of that 
participation, with respect to the covered facility. 
"(b) REQUIREMENTS.—In carrying out a demonstration project 
imder this section, the Secretary shall— 
"(1) invite owners and operators of pipeline facilities to 
submit risk management plans for timely approval by the Sec-
retary; 
"(2) require, as a condition of approval, that a risk manage-
ment plan submitted under this subsection contain measures 
that are designed to achieve an equivalent or greater overall 
level of safety than would otherwise be achieved through 
compliance with the standards contained in this chapter or 
promulgated by the Secretary under this chapter; 
"(3) provide for— 
"(A) collaborative government and industry training; 
"(B) methods to measure the safety performance of 
risk management plans; 
"(C) the development and application of new tech-
nologies; 
PUBLIC LAW 104-304—OCT. 12, 1996 
110 STAT. 3799 
"(D) the promotion of community awareness concerning 
how the overall level of safety will be maintained or 
enhanced by the demonstration project; 
"(E) the development of models that categorize the 
risks inherent to each covered pipeline facility, taking into 
consideration the location, volume, pressure, and material 
trsinsported or stored by that pipeline facility; 
"(F) the application of risk assessment and 
risk 
management methodologies that are suitable to the inher-
ent risks that are determined to exist through the use 
of models developed under subparagraph (E); 
"(G) the development of project elements that are nec-
essary to ensure that— 
"(i) the owners and operators that participate in 
the demonstration project demonstrate that they are 
effectively managing the risks referred to in subpara-
graph (E); and 
"(ii) the risk management plans carried out under 
the demonstration project under this subsection can 
be audited; 
"(H) a process whereby an owner or operator of a 
pipeline facility is able to terminate a risk management 
plan or, with the approval of the Secretary, to amend, 
modify, or otherwise adjust a risk management plan 
referred to in paragraph (1) that has been approved by 
the Secretary pursuant to that paragraph to respond to— 
"(i) changed circumstances; or 
"(ii) a determination by the Secretary that the 
owner or operator is not achieving an overall level 
of safety that is at least equivalent to the level that 
would otherwise be achieved through compliance with 
the standards contained in this chapter or promulgated 
by the Secretary under this chapter; 
"(I) such other elements as the Secretary, with the 
agreement of the owners and operators that participate 
in the demonstration project under this section, determines 
to further the purposes of this section; and 
"(J) an opportunity for public comment in the approval 
process; and 
"(4) in selecting participants for the demonstration project, 
take into consideration the past safety and regulatory perform-
ance of each applicant who submits a risk management plan 
pursuant to paragraph (1). 
"(c) EMERGENCIES AND REVOCATIONS.—Nothing in this section 
diminishes or modifies the Secretary's authority under this title 
to act in case of an emergency. The Secretary may revoke any 
exemption granted under this section for substantial noncompliance 
with the terms and conditions of an approved risk management 
plan. 
"(d) PARTICIPATION BY STATE AUTHORITY.—In carrying out this 
section, the Secretary may provide for consultation by a State 
that has in effect a certification imder section 60105. To the extent 
that a demonstration project comprises an intrastate natural gas 
pipeline or an intrastate hazardous liquid pipeline facility, the 
Secretary may make an agreement with the State agency to carry 
out the duties of the Secretary for approval and administration 
of the project. 
110 STAT. 3800 
PUBLIC LAW 104-304—OCT. 12, 1996 
"(e) REPORT.—Not later than March 31, 2000, the Secretary 
shall transmit to the Congress a report on the results of the dem-
onstration projects carried out under this section that includes— 
"(1) an evaluation of each such demonstration project, 
including an evaluation of the performance of each participant 
in that project with respect to safety and environmental protec-
tion; and 
"(2) recommendations concerning whether the applications 
of risk management demonstrated under the demonstration 
project should be incorporated into the Federal pipeline safety 
progrema under this chapter on a permanent basis.". 
If) CONFORMING AMENDMENT.—The analysis for chapter 601 
is amended by adding at the end the following: 
"60126. Risk management.". 
SEC. 6. INSPECTION AND MAINTENANCE. 
Section 60108 is amended— 
(1) by striking "transporting gas or hazardous Uquid or" 
in subsection (a)(1) each place it appears; 
(2) by striking the second sentence in subsection (b)(2); 
(3) by striking "NAVIGABLE WATERS" in the heading for 
subsection (c) and inserting "OTHER WATERS"; and 
(4) by striking clause (ii) of subsection (c)(2)(A) £uid insert-
ing the following: 
"(ii) £iny other pipeline facility crossing under, over, 
or through waters where a substantial likelihood of 
commercial navigation exists, if the Secretary decides 
that the location of the facility in those waters could 
pose a hazard to navigation or public safety.". 
SEC. 7. HIGH-DENSITY POPULATION AREAS AND ENVIRONMENTALLY 
SENSITIVE AREAS. 
(a) IDENTIFICATION.—Section 60109(a)(l)(B)(i) is amended by 
striking "a navigable waterway (as the Secretary defines by regula-
tion)" and inserting 'Svaters where a substantial likelihood of 
commercial navigation exists". 
(b) UNUSUALLY SENSITIVE AREAS.—Section 60109(b) is amended 
to read as follows: 
"(b) AREAS To B E INCLUDED AS UNUSUALLY SENSITIVE.—When 
describing areas that are unusually sensitive to environmental dam-
age if there is a hazardous Uquid pipeline accident, the Secretary 
shall consider areas where a pipeline rupture would likely cause 
permanent or long-term environmental damage, including— 
"(1) locations near pipeline rights-of-way that are critical 
to drinldng water, including intake locations for community 
water systems and critical sole source aquifer protection areas; 
and 
"(2) locations near pipeline rights-of-way that have been 
identified as critical wetlands, riverine or estuarine systems, 
national parks, wilderness areas, wildlife preservation areas 
or refuges, wild and scenic rivers, or critical habitat areas 
for threatened and endangered species.". 
SEC. 8. EXCESS FLOW VALVES. 
Section 60110 is amended— 
(1) by inserting ", if any," in the first sentence of subsection 
(b)(1) after "circumstances"; 
PUBLIC LAW 104-304—OCT. 12, 1996 
110 STAT. 3801 
(2) by inserting ", operating, and maintaining" in subsection 
(b)(4) after "cost of installing"; 
(3) by inserting ", maintenance, and replacement" in sub-
section (c)(1)(C) after "installation"; and 
(4) by inserting after the first sentence in subsection (e) 
the following: 'The Secretary may adopt industry accepted 
performance standards in order to comply with the requirement 
under the preceding sentence.". 
SEC. 9. CUSTOMER-OWNED NATURAL GAS SERVICE LINES. 
Section 60113 is amended— 
(1) by striking the caption of subsection (a); and 
(2) by striking subsection (b). 
SEC. 10. TECHNICAL SAFETY STANDARDS COMMITTEES. 
(a) PEER REVIEW.—Section 60115(a) is amended by adding at 
the end the following: "ITie committees referred to in the preceding 
sentence shall serve as peer review committees for canying out 
this chapter. Peer reviews conducted by the committees shall be 
treated for purposes of all Federal laws relating to risk assessment 
and peer review (including laws that take effect after the date 
of the enactment of the Accoimtable Pipeline Safety and Partnership 
Act of 1996) as meeting any peer review requirements of such 
laws.". 
(b) 
COMPOSITION AND APPOINTMENT.—Section 60115(b) is 
amended— 
(1) by inserting "or risk management principles" in para-
graph (1) before the period at the end; 
(2) by inserting "or risk management principles" in para-
graph (2) before the period at the end; 
(3) by striking "4" in paragraph (3)(B) and inserting "5"; 
(4) by striking "6" in paragraph (3XC) and inserting "5"; 
(5) by adding at the end of paragraph (4)(B) the following: 
"At least 1 of the individuals selected for each committee under 
paragraph (3)(B) shall have education, background, or experi-
ence in risk assessment and cost-benefit analysis. The Secretary 
shall consult with the national organizations representing the 
owners and operators of pipeline facilities before selecting 
individusds under paragraph (3)(B)."; and 
(6) by inserting after the first sentence of paragraph (4)(C) 
the following: "At least 1 of the individuals selected for each 
committee under paragraph (3)(C) shall have education, back-
ground, or experience in risk assessment and cost-benefit analy-
sis.". 
(c) COMMITTEE REPORTS.—Section 60115(c) is amended— 
(1) by inserting "including the risk assessment information 
and other analyses supporting each proposed standard" before 
the semicolon in paragraph (1)(A); 
(2) by inserting "including the risk assessment information 
and other analyses supporting each proposed standard" before 
the period in paragraph (1)(B); 
(3) by inserting "and supporting analyses" before the first 
comma in the first sentence of paragraph (2); 
(4) by inserting "and submit to the Secretary" in the first 
sentence of paragraph (2) after "prepare"; 
(5) by inserting "cost-effectiveness," in the first sentence 
of paragraph (2) after "reasonableness,"; and 
110 STAT. 3802 
PUBLIC LAW 104-304—OCT. 12, 1996 
(6) by inserting "and include in the report recommended 
actions" before the period at the end of the first sentence 
of paragraph (2); and 
(7) by inserting "any recommended actions and" in the 
second sentence of paragraph (2) after "including". 
(d) MEETINGS.—Section 60115(e) is amended by striking "twice" 
and inserting "up to 4 times". 
(e) EXPENSES.—Section 60115(f) is amended— 
(1) by striking "PAY AND" in the subsection heading; 
(2) by striking the first 2 sentences; and 
(3) by inserting "of a committee under this section" after 
"A member". 
SEC. 11. PUBLIC EDUCATION PROGRAMS. 
Section 60116 is amended— 
(1) by striking "person transporting gas" and inserting 
"owner or operator of a gas pipeline facility"; 
(2) by inserting "the use of a one-call notification system 
prior to excavation," after "educate the public on"; and 
(3) by inserting a comma after "gas leaks". 
SEC. 12. ADMINISTRATIVE. 
Section 60117 is amended— 
(1) by adding at the end of subsection (b) the following: 
"The Secretary may require owners and operators of gathering 
lines to provide me Secretary information pertinent to the 
Secretary's ability to make a determination as to whether and 
to what extent to regulate gathering lines."; 
(2) by adding at the end thereof the following: 
"(k) AUTHORITY FOR COOPERATIVE AGREEMENTS.—To carry out 
this chapter, the Secretary may enter into grants, cooperative agree-
ments, and other transactions with any person, agency, or 
instrumentality of the United States, any unit of State or local 
government, any educationed institution, or any other entity to 
mrther the objectives of this chapter. The objectives of this chapter 
include the development, improvement, and promotion of one-call 
damage prevention programs, research, risk assessment, and map-
ping."; and 
(3) by striking "transporting gas or hazardous Uquid" in 
subsection (b) and inserting "owning". 
SEC. 13. COMPLIANCE. 
(a) Section 60118 (a) is amended— 
(1) by striking "transporting gas or hazardous liquid or" 
in subsection (a); and 
(2) by striking paragraph (1) and inserting the following: 
"(1) comply with applicable safety standards prescribed 
under this chapter, except as provided in this section or in 
section 60126;". 
(b) Section 60118 (b) is amended to read as follows: 
"(b) COMPLIANCE ORDERS.—The Secretary of Transportation 
may issue orders directing compliance with this chapter, an order 
under section 60126, or a regulation prescribed imder this chapter. 
An order shall state clearly the action a person must take to 
comply.". 
(c) Section 60118(c) is amended by striking "transporting gas 
or hazardous liquid" and inserting "owning". 
PUBLIC LAW 104-304—OCT. 12, 1996 
110 STAT. 3803 
SEC. 14. DAMAGE REPORTING. 
Section 60123(d)(2) is amended— 
(1) by striking "or" at the end of subparagraph (A); 
(2) by redesignating subparagraph (B) as subparagraph 
(C); and 
(3) by inserting after subparagraph (A) the following: 
"(B) a pipeline facility that does not report the damage 
promptly to the operator of the pipeline facility and to 
other appropriate authorities; or". 
SEC. 15. BIENNIAL REPORTS. 
(a) BIENNIAL REPORTS.— 
(1) SECTION HEADING.—The section heading of section 
60124 is amended to read as follows: 
*
*
§ 60124. Biennial reports*'. 
(2) REPORTS.—Section 60124(a) is amended by striking the 
first sentence and inserting the following: "Not later than 
August 15, 1997, and every 2 years thereafter, the Secretary 
of Transportation shall submit to Congress a report on canying 
out this chapter for the 2 immediately preceding calendar years 
for gas and a report on canying out this chapter for such 
period for hazardous liquid.". 
(c) CONFORMING AMENDMENT.—The analysis for chapter 601 
is amended by striking the item relating to section 60124 and 
inserting the following: 
"60124. Biennial reports.". 
SEC. 16. POPULATION ENCROACHMENT. 
(a) IN GENERAL.—Chapter 601, as amended by section 5, is 
further amended by adding at the end the following new section: 
'*§ 60127. Population encroachment 
"(a) LAND USE RECOMMENDATIONS.—The Secretary of Transpor-
tation shall meike available to an appropriate official of each State, 
as determined by the Secretary, the land use recommendations 
of the special report numbered 219 of the Transportation Research 
Board, entitled 'Pipelines and Public Safety*. 
"(b) EVALUATION.—The Secretary shall— 
"(1) evaluate the recommendations in the report referred 
to in subsection (a); 
"(2) determine to what extent the recommendations are 
being implemented; 
*(3) consider ways to improve the implementation of the 
recommendations; and 
"(4) consider other initiatives to further improve awareness 
of local planning and zoning entities regarding issues involved 
with population encroachment in proximity to the rights-of-
way of any interstate gas pipeline facility or interstate hazard-
ous liquid pipeline facility. . 
(b) CONFORMING AMENDMENT.—The analysis for chapter 601 
is amended by inserting after the item relating to section 60126 
the following: 
"60127. Population encroachment.". 
SEC. 17. USER FEES. 
49 USC 60301 
(a) IN GENERAL.—Not later than 1 year after the date of the R^^rts. 
enactment of this Act, the Secretary of Transportation shall trans-
Inter-
govemmental 
relations. 
110 STAT. 3804 
PUBLIC LAW 104-304—OCT. 12, 1996 
mit to the Congress a report analyzing the present assessment 
of pipeline safety user fees solely on the basis of mileage to deter-
mine whether— 
(1) that measure of the resources of the Department of 
Transportation is the most appropriate measure of the 
resources used by the Department of Trsmsportation in the 
regulation of pipeline transportation; or 
(2) another basis of assessment would be a more appro-
priate measure of those resources. 
(b) CONSIDERATIONS.—In making the report, the Secretary shall 
consider a wide range of assessment factors and suggestions and 
comments from the public. 
SEC. 18. DUMPING WITHIN PIPELINE RIGHTS-OF-WAY. 
(a) AMENDMENT.—Chapter 601, as amended by section 16, is 
further amended by adding at the end the following new section: 
*
*
§ 60128. Dumping within pipeline rights-of-way 
"(a) PROHIBITION.—No person shall excavate for the purpose 
of unauthorized disposed within the right-of-way of an interstate 
gas pipeline facility or interstate hazardous liquid pipeline facihty, 
or any other limited area in the vicinity of any such interstate 
pipeline facility established by the Secretary of Transportation, 
and dispose solid waste therein. 
"(b) DEFINITION.—For purposes of this section, the term 'solid 
waste' has the meaning given that term in section 1004(27) of 
the Solid Waste Disposal Act (42 U.S.C. 6903(27)).". 
(b) CONFORMING AMENDMENTS.— 
(1) CROSS-REFERENCE.—Section 60123(a) is amended by 
striking "or 60118(a)" and inserting ", 60118(a), or 60128". 
(2) CHAPTER ANALYSIS.—The analysis for chapter 601 is 
amended by adding at the end the following new item: 
"60128. Dumping within pipeline rights-of-way.". 
SEC. 19. PREVENTION OF DAMAGE TO PIPELINE FACILITIES, 
Section 60117(a) is amended by inserting after "and training 
activities" the following: "and promotional activities relating to 
prevention of damage to pipeline facilities". 
SEC. 20. TECHNICAL CORRECTIONS. 
(a) SECTION 60105.—The heading for section 60105 is amended 
by inserting "pipeline safety program" after "State". 
(b) SECTION 60106.—The heacfing for section 60106 is amended 
by inserting "pipeline safety" after "State". 
(c) SECTION 60107.—The heading for section 60107 is amended 
by inserting "pipeline safety" after State". 
(d) SECTION 60114.—Section 60114 is amended— 
(1) by striking "60120, 60122, and 60123" in subsection 
(a)(9) and inserting "60120 and 60122"; 
(2) by striking subsections (b) and (d); and 
(3) by redesignating subsections (c) and (e) as subsections 
(b) and (d), respectively. 
(e) CHAPTER ANALYSIS.—The analysis for chapter 601 is amend-
ed— 
(1) by inserting "pipeline safety program" in the item relat-
ing to section 60105 after "State"; 
(2) by inserting "pipeline safet)^' in the item relating to 
section 60106 after "State"; and 
PUBLIC LAW 104-304—OCT. 12, 1996 
110 STAT. 3805 
(3) by inserting "pipeline safety" in the item relating to 
section 60107 after "State". 
if) SECTION 60101.—Section 60101(b) is amended by striking 
"define by regulation" each place it appears and inserting "prescribe 
standards defining". 
(g) SECTION 60102.—Section 60102 is amended by striking 
"regulations" each place it appears in subsections (f)(2), (i), and 
(j)(2) and inserting "standards". 
(h) SECTION 60108.—Section 60108 is amended— 
(1) by striking "regulations" in subsections (c)(2)(B), 
(c)(4)(B), and (d)(3) and inserting "standards"; and 
(2) by striking "require by regulation" in subsection (c)(4)(A) 
and inserting "establish a standard". 
(i) SECTION 60109.—Section 60109(a) is amended by striking 
"regulations" and inserting "standards". 
(j) SECTION 60110.—Section 60110 is amended by striking 
"regulations" in subsections (b), (c)(1), and (c)(2) and inserting 
"standards". 
(k) SECTION 60113.—Section 60113(a) is amended by striking 
"regulations" and inserting "standards". 
SEC. 21. AUTHORIZATION OF APPROPRIATIONS. 
(a) GAS AND HAZARDOUS LIQUID.—Section 60125 is amended— 
(1) by striking subsection (a) and inserting the following 
new subsection: 
"(a) GAS AND HAZARDOUS LIQUID.—To carry out this chapter 
(except for sections 60107 and 60114(b)) related to gas and hazard-
ous liquid, there are authorized to be appropriated to the Depart-
ment of Trsinsportation— 
"(1) $19,448,000 for fiscal year 1996; 
"(2) $20,028,000 for fiscal year 1997, of which $14,600,000 
is to be derived from user fees for fiscal year 1997 collected 
under section 60301 of this title; 
"(3) $20,729,000 for fiscal year 1998, of which $15,100,000 
is to be derived from user fees for fiscal year 1998 collected 
under section 60301 of this title; 
"(4) $21,442,000 for fiscal year 1999, of which $15,700,000 
is to be derived from user fees for fiscal year 1999 collected 
under section 60301 of this title; and 
"(5) $22,194,000 for fiscal year 2000, of which $16,300,000 
is to be derived from user fees for fiscal year 2000 collected 
under section 60301 of this title.". 
(b) STATE GRANTS.—Section 60125(c)(1) is amended by adding 
at the end the following: 
"(D) $12,000,000 for fiscal year 1996. 
"(E) $14,000,000 for fiscal year 1997, of which $12,500,000 
is to be derived from user fees for fiscal year 1997 collected 
under section 60301 of this title. 
"(F) $14,490,000 for fiscal year 1998, of which $12,900,000 
is to be derived from user fees for fiscal year 1998 collected 
under section 60301 of this title. 
"(G) $15,000,000 for fiscal year 1999, of which $13,300,000 
is to be derived from user fees for fiscal year 1999 collected 
under section 60301 of this title. 
110 STAT. 3806 
PUBLIC LAW 104-304—OCT. 12, 1996 
"(H) $15,524,000 for fiscal year 2000, of which $13,700,000 
is to be derived from user fees for fiscal year 2000 collected 
under section 60301 of this title.". 
Approved October 12, 1996. 
LEGISLATIVE HISTORY—S. 1505 (H.R. 1323): 
HOUSE REPORTS: No. 104-110, Pt. 1 (Comm. on Transportation and Infrastruc-
ture) and Pt. 2 (Comm. on Commerce), both accompanying H.R. 
1323. 
SENATE REPORTS: No. 104-334 (Comm. on Commerce, Science, and Transpor-
tation. 
CONGRESSIONAL RECORD, Vol. 142 (1996): 
Sept. 19, 26, considered and passed Senate. 
Sept. 27, considered and passed House.