An Act to amend the Natural Gas Pipeline Safety Act of 1968 to authorize appropriations, and for other purposes.
PL 94-477 (H.R.12168), enacted 10/11/1976

PUBLIC LAW 94-477—OCT. 11, 1976 
90 STAT. 2073 
Public Law 94-477 
94th Congress 
An Act 
To amend the Natural Gas Pipeline Safety Act of 1968 to authorize additional 
appropriations, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Natural Gas Pipeline Safety Act Amendments of 
1976". 
SEC. 2. Section 15 of the Natural Gas Pipeline Safety Act of 19(58 
is amended— 
(1) in subsection (a) thereof, by striking out ''and" after 
"June 30, 1975," and by inserting "$500,000 for the period begin-
ning July 1, 1976, and ending September 30, 1976, $4,664,000 for 
the fiscal year ending September 30, 1977, and $5,000,000 for the 
fiscal year ending September 30,1978," after "June 30,1976,"; and 
(2) in subsection (b) thereof, by striking out "5(c)" and insert-
ing in lieu thereof "5 (c) and (f)", and by striking out "and" 
after "June 30, 1975," and by inserting ", $2,500,000 for the fiscal 
year ending September 30, 1977, and $4,500,000 for the fiscal year 
ending September 30,1978" after "June 30,1976". 
SEC. 3. Section 2 of the Natural Gas Pipeline Safety Act of 1968 
is amended— 
(1) by striking out "; and" at the end of paragraph (8) and 
inserting in lieu thereof ", except tliat it shall not include any 
pipeline facilities within a State which transport gas from an 
interstate gas pipeline to a direct sales customer within such State 
purchasing gas for its own consumption;"; and 
(2) by redesignating paragraph (9) as paragraph (10), and 
inserting after paragraph (8) the following new paragraph: 
"(9) 'Intrastate pipeline transportation' means pipeline facili-
ties and transportation of gas within a State which are not subject 
to the jurisdiction of the Federal Power Commission under the 
Natural Gas Act, except that it shall include pipeline facilities 
within a State which transport gas from an interstate gas pipeline 
to a direct sales customer within such State purchasing gas tor its 
own consumption; and". 
SEC. 4. Section 3(b) of the Natural Gas Pipeline Safety Act of 1968 
is amended— 
(1) by inserting "emergency plans and procedures," after 
"inspection," in the second sentence thereof; and 
(2) by amending the last sentence thereof to read as follows: 
"Any State agency may adopt additional or more stringent stand-
ards for intrastate pipeline transportation if such standards are 
compatible with the Federal minimum standards. No State agency 
may adopt or continue in force any such standards applicable to 
interstate transmission facilities, after the Federal minimum 
standards become effective.". 
SEC. 5. (a) Section 5(a) of the Natural Gas Pipeline Safety Act 
of 1968 is amended— 
Oct. 11, 1976 
[H.R. 12168]" 
Natural Gas 
Pipeline Safety 
Act Amendments 
of 1976. 
49 u s e 1671 
note. 
49 u s e 1684. 
49 u s e 1671. 
"Intrastate 
pipeline 
transportation.' 
15 
use 
717w. 
49 
use 
1672. 
49 
use 
1674. 
90 STAT. 2074 
PUBLIC LAW 94-477—OCT. 11, 1976 
(1) in the first sentence thereof, by striking out "pipeline facil-
ities and the transportation of gas (not subject to the jurisdic-
tion of the Federal Power Commission under the Natural Gas 
Act) within a State" and inserting in lieu thereof "intrastate 
pipeline transportation"; 
(2) in clause (1) thereof, by striking out "pipeline facilities 
and transportation of gas" and inserting in lieu thereof "trans-
portation" ; 
(3) by striking out "(2) has adopted each Federal safety stand-
ard applicable to such pipeline facilities and transportation of 
gas established under this Act as of the date of the certification;" 
and inserting in lieu thereof "(2) has adopted, as of the date of 
the certification, each Federal safety standard established under 
this Act which is applicable to such transportation or, with 
respect to each such Federal safety standard established within 
one hundred and twenty days before the date of the certification, is 
taking steps pursuant to State law to adopt such standard;"; 
and 
(4) by striking out "and (4)" and inserting in lieu thereof " (4) 
is encouraging and promoting programs designed to prevent dam-
age to pipeline facilities as a consequence of excavation activity; 
and (5)". 
49 use 1674. 
(b) Section 5(b) of such Act is amended by striking out "With 
respect to" and all that follows down through "actions to—" and by 
inserting in lieu thereof the following: "With respect to any intrastate 
pipeline transportation for which the Secretary does not receive an 
annual certification under subsection (a) of this section, the Secretary 
may, by agreement with a State agency (including a municipality) 
authorize such agency to assume responsibility for, and carry out on 
behalf of the Secretary as it relates to intrastate pipeline transporta-
tion the necessary actions to—". 
(c) The first sentence of section 5(d) of such Act is amended to 
read as follows: "A certification which is in effect under subsection (a) 
of this section shall not apply with respect to any new or amended 
Federal safety standai-d established for intrastate pipeline transporta-
tion pursuant to this Act after the date of such certification.". 
(d) Section 5 of such Act is amended by adding at the end thereof 
the following new subsection (f) : 
"(f) (1) During the fiscal year ending September 30, 1978, the Sec-
retary shall, in accordance with regulations issued by the Secretary 
taking into account the needs of the respective States, pay to each 
State agency out of funds appropriated or otherwise made available 
one hundred percent of the cost (not to exceed $60,000 for each State 
agency) of not more than three full-time natural gas pipeline safety 
inspectors in addition to, and not in lieu of, the number of natural gas 
pipeline safety inspectors maintained by such State agency in calendar 
year 1977. 
"(2) Not later than September 30, 1977, any State may apply to 
receive funds under paragraph (1) for the calendar year 1978. 
"(3) Each State agency which receives funds under paragraph (1) 
shall continue to maintain during calendar years 1979 and 1980 not 
less than the number of full-time natural gas pipeline safety inspectors 
which were maintained by such State agency in calendar year 1978. 
"(4) Any State in which the State agency fails to meet its obliga-
tions under paragraph (3) shall reimburse the Secretary for a sum 
equal to 50 percent of the funds received by such State under this sub-
section in proportion to which such State agency has failed to meet 
its obligations.". 
PUBLIC LAW 94-477—OCT. 11, 1976 
90 STAT. 2075 
SEC. 6. The first sentence of section 11 of the Natural Gas Pipeline 
Safety Act of 1968 is amended to read as follows: "Each person who 
engages in the transportation of gas or who owns or operates intra-
state pipeline transportation facilities shall file with the Secretary or, 
if a certification or an agreement pursuant to section 5 of this Act is 
in effect, with the appropriate State agency, a plan for inspection and 
maintenance of each facility used in such transportation and owned 
or operated by such person, and any changes in such plan, in accord-
ance with regulations prescribed by the Secretary or appropriate State 
agency.". 
SEC. 7. Section 14(a) (1) of the Natural Gas Pipeline Safety Act of 
1968 is amended by striking out "accidents" and inserting in lieu 
thereof "leak repairs, accidents,". 
SEC. 8. The Natural Gas Pipeline Safety Act of 1968 is amended by 
adding at the end thereof the following: 
49 use 1680. 
49 use 1683. 
"CONSUMER EDUCATION 
"SEC. 16. Each person who engages in the transportation of gas 
shall, in accordance with the regulations prescribed by the Sec^retary, 
conduct a program to educate the public on the possible hazards 
associated with gas leaks and on the importance of reporting gas odors 
and leaks to appropriate authorities. The Secretary may develop 
materials suitable for use in such education programs. 
49 use 1685. 
'CITIZEN 8 CIVIL ACTION 
49 use 1686. 
"SEC. 17. (a) Except as provided in subsection (b), any person may 
commence a civil action for mandatory or prohibitive injunctive relief, 
including interim equitable relief, against any other person (includ-
ing any State, municipality, or other governmental entity to the extent 
permitted by the eleventh amendment to the Constitution, and the 
United States) who is alleged to be in violation of this Act or of any 
order or regulation issued under this Act. The district courts of the Jurisdiction. 
United States shall have jurisdiction over actions brought under this 
section, without regard to the amount in controversy or the citizen-
ship of the parties. 
"(b) No civil action may be commenced under subsection (a) with 
respect to any alleged violation of this Act or any order or regulation 
issued under this Act— 
"(1) prior to the expiration of 60 days after the plaintiff has Notice, 
given notice of such alleged violation to the Secretary (or to the 
applicable State agency in the case of a State which has been 
certified under section 5(a) and in which the violation is alleged 
to have occurred), and to any person who is alleged to have com-
mitted such violation; or 
"(2) if the Secretary (or such State agency) has commenced 
and is diligently pursuing administrative proceedings or the 
Attorney General of the United States (or the chief law enforce-
ment officer of such State) has commenced and is diligently pur-
suing judicial proceedings with respect to such alleged violation. 
Notice under this subsection shall be given in such manner as the Sec- Regulations, 
retary shall prescribe by regulation. 
"(c) In any action under subsection (a), the Secretary (with the 
concurrence of the Attorney General) or the Attorney (jeneral may 
intervene as a matter of right. 
90 STAT. 2076 
PUBLIC LAW 94-477—OCT. 11, 1976 
"(d) Nothing in this section shall restrict any right which any per-
son (or class of persons) may have under any statute or at common 
law to seek enforcement of this Act or any order or regulation under 
this Act or to seek any other relief. 
"(e) In any action under this section the court may, in the interest 
of justice, award the costs of suit, including reasonable attorney's fees 
and reasonable expert witnesses fees, to a prevailing plaintiff. Such 
court may, in the interest of justice, award such costs to a prevailing 
defendant whenever such action is unreasonable, frivolous, or meritless. 
For purposes of this subsection a reasonable attorney's fee is a fee (1) 
which is based upon (A) the actual time expended by an attorney in 
providing advice and other legal services in connection with represent-
ing a person in an action brought under this section, and (B) such rea-
sonable expenses as may be incurred by the attorney in the provision 
of such services, and (2) which is computed at the rate prevailing for 
the provision of similar services with respect to actions brought in the 
court which is awarding such fee. 
"(f) For purposes of this section, a violation of any safety stand-
ard or practice of any State shall be deemed to be a violation of this 
Act or of any order or regulation under this Act only to the extent 
that such standard or practice is not more stringent than the compar-
able Federal minimum safety standard." 
Approved October 11, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1050 (Comm. on Interstate and Foreign Commerce) and 
No. 94-1660 (Comm. of Conference). 
SENATE REPORT No. 94-852 accompanying S. 2042 (Comm. on Commerce). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
May 3, considered and passed House. 
July 30, considered and passed Senate, amended, in lieu of S. 2042. 
Sept. 27, House receded and concurred with amendment to Senate amendment. 
Sept. 28, Senate concurred in House amendment.