Text: H.R.2845 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-90 (01/03/2012)

 
[112th Congress Public Law 90]
[From the U.S. Government Printing Office]



[[Page 1903]]

   PIPELINE SAFETY, REGULATORY CERTAINTY, AND JOB CREATION ACT OF 2011

[[Page 125 STAT. 1904]]

Public Law 112-90
112th Congress

                                 An Act


 
 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. <<NOTE: Jan. 3, 
                         2012 -  [H.R. 2845]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Pipeline Safety, 
Regulatory Certainty, and Job Creation Act of 2011.>> 
SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49, UNITED STATES CODE; 
                              DEFINITIONS; TABLE OF CONTENTS.

    (a) Short <<NOTE: 49 USC 60101 note.>>  Title.--This Act may be 
cited as the ``Pipeline Safety, Regulatory Certainty, and Job Creation 
Act of 2011''.

    (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) <<NOTE: 49 USC 60101 note.>>  Definitions.--
            (1) Applicability of chapter 601 definitions.--In this Act, 
        any term defined in chapter 601 of title 49, United States Code, 
        has the meaning given that term in that chapter.
            (2) High-consequence area.--In this Act, the term ``high-
        consequence area'' means an area described in section 60109(a) 
        of title 49, United States Code.

    (d) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; amendment of title 49, United States Code; 
           definitions; table of contents.
Sec. 2. Civil penalties.
Sec. 3. Pipeline damage prevention.
Sec. 4. Automatic and remote-controlled shut-off valves.
Sec. 5. Integrity management.
Sec. 6. Public education and awareness.
Sec. 7. Cast iron gas pipelines.
Sec. 8. Leak detection.
Sec. 9. Accident and incident notification.
Sec. 10. Transportation-related onshore facility response plan 
           compliance.
Sec. 11. Pipeline infrastructure data collection.
Sec. 12. Transportation-related oil flow lines.
Sec. 13. Cost recovery for design reviews.
Sec. 14. Biofuel pipelines.
Sec. 15. Carbon dioxide pipelines.
Sec. 16. Study of transportation of diluted bitumen.
Sec. 17. Study of nonpetroleum hazardous liquids transported by 
           pipeline.
Sec. 18. Clarifications.
Sec. 19. Maintenance of effort.
Sec. 20. Administrative enforcement process.
Sec. 21. Gas and hazardous liquid gathering lines.

[[Page 125 STAT. 1905]]

Sec. 22. Excess flow valves.
Sec. 23. Maximum allowable operating pressure.
Sec. 24. Limitation on incorporation of documents by reference.
Sec. 25. Pipeline safety training for State and local government 
           personnel.
Sec. 26. Report on minority-owned, woman-owned, and disadvantaged 
           businesses.
Sec. 27. Report on pipeline projects.
Sec. 28. Cover over buried pipelines.
Sec. 29. Seismicity.
Sec. 30. Tribal consultation for pipeline projects.
Sec. 31. Pipeline inspection and enforcement needs.
Sec. 32. Authorization of appropriations.

SEC. 2. CIVIL PENALTIES.

    (a) General Penalties; Penalty Considerations.--Section 60122 is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence by striking ``$100,000'' 
                and inserting ``$200,000''; and
                    (B) in the last sentence by striking ``$1,000,000'' 
                and inserting ``$2,000,000''; and
            (2) in subsection (b)(1)(B) by striking ``the ability to 
        pay,''.

    (b) Operator Assistance in Investigations.--Section 60118(e) is 
amended to read as follows:
    ``(e) Operator Assistance in Investigations.--
            ``(1) <<NOTE: Records.>>  Assistance and access.--If the 
        Secretary or the National Transportation Safety Board 
        investigates an accident or incident involving a pipeline 
        facility, the operator of the facility shall--
                    ``(A) make available to the Secretary or the Board 
                all records and information that in any way pertain to 
                the accident or incident, including integrity management 
                plans and test results; and
                    ``(B) afford all reasonable assistance in the 
                investigation of the accident or incident.
            ``(2) Operator assistance in investigations.--
                    ``(A) In general.--The Secretary may impose a civil 
                penalty under section 60122 on a person who obstructs or 
                prevents the Secretary from carrying out inspections or 
                investigations under this chapter.
                    ``(B) Obstructs defined.--
                          ``(i) In general.--In this paragraph, the term 
                      `obstructs' includes actions that were known, or 
                      reasonably should have been known, to prevent, 
                      hinder, or impede an investigation without good 
                      cause.
                          ``(ii) Good cause.--In clause (i), the term 
                      `good cause' may include actions such as 
                      restricting access to facilities that are not 
                      secure or safe for nonpipeline personnel or 
                      visitors.''.

    (c) Administrative Penalty Caps Inapplicable.--Section 60120(a)(1) 
is amended by adding at the end the following: ``The maximum amount of 
civil penalties for administrative enforcement actions under section 
60122 shall not apply to enforcement actions under this section.''.
    (d) Judicial Review of Administrative Enforcement Orders.--Section 
60119(a) is amended--
            (1) in the subsection heading by striking ``and Waiver 
        Orders'' and inserting ``, Orders, and Other Final Agency 
        Actions''; and

[[Page 125 STAT. 1906]]

            (2) by striking ``about an application for a waiver under 
        section 60118(c) or (d) of this title'' and inserting ``under 
        this chapter''.
SEC. 3. PIPELINE DAMAGE PREVENTION.

    (a) Minimum Standards for State One-Call Notification Programs.--
Section 6103(a) is amended to read as follows:
    ``(a) Minimum Standards.--
            ``(1) In general.--In order to qualify for a grant under 
        section 6106, a State one-call notification program, at a 
        minimum, shall provide for--
                    ``(A) appropriate participation by all underground 
                facility operators, including all government operators;
                    ``(B) appropriate participation by all excavators, 
                including all government and contract excavators; and
                    ``(C) flexible and effective enforcement under State 
                law with respect to participation in, and use of, one-
                call notification systems.
            ``(2) Exemptions prohibited.--In order to qualify for a 
        grant under section 6106, a State one-call notification program 
        may not exempt municipalities, State agencies, or their 
        contractors from the one-call notification system requirements 
        of the program.''.

    (b) State Damage Prevention Programs.--Section 60134(a) is amended--
            (1) in paragraph (1) by striking ``and'' after the 
        semicolon;
            (2) in paragraph (2)(B) by striking ``(b).'' and inserting 
        ``(b); and''; and
            (3) by adding at the end the following:
            ``(3) does not provide any exemptions to municipalities, 
        State agencies, or their contractors from the one-call 
        notification system requirements of the program.''.

    (c) <<NOTE: 49 USC 6103 note.>>  Effective Date.--The amendments 
made by this section shall take effect 2 years after the date of 
enactment of this Act.

    (d) Excavation Damage.--
            (1) Study.--The Secretary of Transportation shall conduct a 
        study on the impact of excavation damage on pipeline safety.
            (2) Contents.--The study shall include--
                    (A) an analysis of the frequency and severity of 
                different types of excavation damage incidents;
                    (B) an analysis of exemptions to the one-call 
                notification system requirements in each State;
                    (C) a comparison of exemptions to the one-call 
                notification system requirements in each State to the 
                types of excavation damage incidents in that State; and
                    (D) an analysis of the potential safety benefits and 
                adverse consequences of eliminating all exemptions for 
                mechanized excavation from State one-call notification 
                systems.
            (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure and the Committee 
        on Energy and Commerce of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the Senate 
        a report on the results of the study.
SEC. 4. AUTOMATIC AND REMOTE-CONTROLLED SHUT-OFF VALVES.

    Section 60102 is amended--

[[Page 125 STAT. 1907]]

            (1) by striking subsection (j)(3); and
            (2) by adding at the end the following:

    ``(n) Automatic and Remote-Controlled Shut-off Valves for New 
Transmission Pipelines.--
            ``(1) <<NOTE: Deadline. Regulation.>>  In general.--Not 
        later than 2 years after the date of enactment of this 
        subsection, and after considering the factors specified in 
        subsection (b)(2), the Secretary, if appropriate, shall require 
        by regulation the use of automatic or remote-controlled shut-off 
        valves, or equivalent technology, where economically, 
        technically, and operationally feasible on transmission pipeline 
        facilities constructed or entirely replaced after the date on 
        which the Secretary issues the final rule containing such 
        requirement.
            ``(2) High-consequence area study.--
                    ``(A) Study.--The Comptroller General of the United 
                States shall conduct a study on the ability of 
                transmission pipeline facility operators to respond to a 
                hazardous liquid or gas release from a pipeline segment 
                located in a high-consequence area.
                    ``(B) Considerations.--In conducting the study, the 
                Comptroller General shall consider the swiftness of leak 
                detection and pipeline shutdown capabilities, the 
                location of the nearest response personnel, and the 
                costs, risks, and benefits of installing automatic and 
                remote-controlled shut-off valves.
                    ``(C) Report.--Not later than 1 year after the date 
                of enactment of this subsection, the Comptroller General 
                shall submit to the Committee on Transportation and 
                Infrastructure and the Committee on Energy and Commerce 
                of the House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the Senate a 
                report on the results of the study.''.
SEC. 5. <<NOTE: 49 USC 60109 note.>> INTEGRITY MANAGEMENT.

    (a) <<NOTE: Deadline.>>  Evaluation.--Not later than 18 months after 
the date of enactment of this Act, the Secretary of Transportation shall 
evaluate--
            (1) whether integrity management system requirements, or 
        elements thereof, should be expanded beyond high-consequence 
        areas; and
            (2) with respect to gas transmission pipeline facilities, 
        whether applying integrity management program requirements, or 
        elements thereof, to additional areas would mitigate the need 
        for class location requirements.

    (b) Factors.--In conducting the evaluation under subsection (a), the 
Secretary shall consider, at a minimum, the following:
            (1) The continuing priority to enhance protections for 
        public safety.
            (2) The continuing importance of reducing risk in high-
        consequence areas.
            (3) The incremental costs of applying integrity management 
        standards to pipelines outside of high-consequence areas where 
        operators are already conducting assessments beyond what is 
        required under chapter 601 of title 49, United States Code.
            (4) The need to undertake integrity management assessments 
        and repairs in a manner that is achievable and sustainable, and 
        that does not disrupt pipeline service.

[[Page 125 STAT. 1908]]

            (5) The options for phasing in the extension of integrity 
        management requirements beyond high-consequence areas, including 
        the most effective and efficient options for decreasing risks to 
        an increasing number of people living or working in proximity to 
        pipeline facilities.
            (6) The appropriateness of applying repair criteria, such as 
        pressure reductions and special requirements for scheduling 
        remediation, to areas that are not high-consequence areas.

    (c) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure and the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report, based on the evaluation conducted 
under subsection (a), containing the Secretary's analysis and findings 
regarding--
            (1) expansion of integrity management requirements, or 
        elements thereof, beyond high-consequence areas; and
            (2) with respect to gas transmission pipeline facilities, 
        whether applying the integrity management program requirements, 
        or elements thereof, to additional areas would mitigate the need 
        for class location requirements.

    (d) Data Reporting.--The Secretary shall collect any relevant data 
necessary to complete the evaluation required by subsection (a).
    (e) Technical Correction.--Section 60109(c)(3)(B) is amended to read 
as follows:
                    ``(B) <<NOTE: Deadline.>> Subject to paragraph (5), 
                periodic reassessments of the facility, at a minimum of 
                once every 7 calendar years, using methods described in 
                subparagraph <<NOTE: Notification.>> (A). The Secretary 
                may extend such deadline for an additional 6 months if 
                the operator submits written notice to the Secretary 
                with sufficient justification of the need for the 
                extension.''.

    (f) Rulemaking Requirements.--
            (1) Review period defined.--In this subsection, the term 
        ``review period'' means the period beginning on the date of 
        enactment of this Act and ending on the earlier of--
                    (A) the date that is 1 year after the date of 
                completion of the report under subsection (c); or
                    (B) the date that is 3 years after the date of 
                enactment of this Act.
            (2) Congressional authority.--In order to provide Congress 
        the necessary time to review the results of the report required 
        by subsection (c) and implement appropriate recommendations, the 
        Secretary shall not, during the review period, issue final 
        regulations described in paragraph (3)(B).
            (3) Standards.--
                    (A) Findings.--As soon as practicable following the 
                review period, the Secretary shall issue final 
                regulations described in subparagraph (B), if the 
                Secretary finds, in the report required under subsection 
                (c), that--
                          (i) integrity management system requirements, 
                      or elements thereof, should be expanded beyond 
                      high-consequence areas; and

[[Page 125 STAT. 1909]]

                          (ii) with respect to gas transmission pipeline 
                      facilities, applying integrity management program 
                      requirements, or elements thereof, to additional 
                      areas would mitigate the need for class location 
                      requirements.
                    (B) Regulations.--Regulations issued by the 
                Secretary under subparagraph (A), if any, shall--
                          (i) expand integrity management system 
                      requirements, or elements thereof, beyond high-
                      consequence areas; and
                          (ii) remove redundant class location 
                      requirements for gas transmission pipeline 
                      facilities that are regulated under an integrity 
                      management program adopted and implemented under 
                      section 60109(c)(2) of title 49, United States 
                      Code.
            (4) Savings clause.--
                    (A) <<NOTE: Determination.>>  In general.--
                Notwithstanding any other provision of this subsection, 
                the Secretary, during the review period, may issue final 
                regulations described in paragraph (3)(B), if the 
                Secretary determines that a condition that poses a risk 
                to public safety, property, or the environment is 
                present or an imminent hazard exists and that the 
                regulations will address the risk or hazard.
                    (B) Imminent hazard defined.--In subparagraph (A), 
                the term ``imminent hazard'' means the existence of a 
                condition related to pipelines or pipeline operations 
                that presents a substantial likelihood that death, 
                serious illness, severe personal injury, or substantial 
                endangerment to health, property, or the environment may 
                occur.

    (g) Report to Congress on Risk-Based Pipeline Reassessment 
Intervals.--Not later than 2 years after the date of enactment of this 
Act, the Comptroller General of the United States shall evaluate--
            (1) whether risk-based reassessment intervals are a more 
        effective alternative for managing risks to pipelines in high-
        consequence areas once baseline assessments are complete when 
        compared to the reassessment interval specified in section 
        60109(c)(3)(B) of title 49, United States Code;
            (2) the number of anomalies found in baseline assessments 
        required under section 60109(c)(3)(A) of title 49, United States 
        Code, as compared to the number of anomalies found in 
        reassessments required under section 60109(c)(3)(B) of such 
        title; and
            (3) the progress made in implementing the recommendations in 
        GAO Report 06-945 and the current relevance of those 
        recommendations that have not been implemented.
SEC. 6. PUBLIC EDUCATION AND AWARENESS.

    (a) National Pipeline Mapping System.--Section 60132 is amended by 
adding at the end the following:
    ``(d) Map of High-consequence Areas.--The Secretary shall--
            ``(1) maintain, as part of the National Pipeline Mapping 
        System, a map of designated high-consequence areas (as described 
        in section 60109(a)) in which pipelines are required to meet 
        integrity management program regulations, excluding any 
        proprietary or sensitive security information; and
            ``(2) update the map biennially.

[[Page 125 STAT. 1910]]

    ``(e) Program To Promote Awareness of National Pipeline Mapping 
System.--Not later than <<NOTE: Deadline.>>  1 year after the date of 
enactment of this subsection, the Secretary shall develop and implement 
a program promoting greater awareness of the existence of the National 
Pipeline Mapping System to State and local emergency responders and 
other interested <<NOTE: Guidance.>> parties. The program shall include 
guidance on how to use the National Pipeline Mapping System to locate 
pipelines in communities and local jurisdictions.''.

    (b) <<NOTE: 49 USC 60132 note.>>  Information to Emergency Response 
Agencies.--
            (1) <<NOTE: Deadline.>>  Guidance.--Not later than 18 months 
        after the date of enactment of this Act, the Secretary shall 
        issue guidance to owners and operators of pipeline facilities on 
        the importance of providing system-specific information about 
        their pipeline facilities to emergency response agencies of the 
        communities and jurisdictions in which those facilities are 
        located.
            (2) Consultation.--Before issuing guidance under paragraph 
        (1), the Secretary shall consult with owners and operators of 
        pipeline facilities to determine the extent to which the owners 
        and operators are already providing system-specific information 
        about their pipeline facilities to emergency response agencies.

    (c) Response Plans.--
            (1) In general.--Chapter 601 is amended by adding at the end 
        the following:
``Sec. 60138. <<NOTE: 49 USC 60138.>> Response plans

    ``(a) In <<NOTE: Records.>> General.--The Secretary of 
Transportation shall--
            ``(1) maintain on file a copy of the most recent response 
        plan (as defined in part 194 of title 49, Code of Federal 
        Regulations) prepared by an owner or operator of a pipeline 
        facility; and
            ``(2) provide upon written request to a person a copy of the 
        plan, which may exclude, as the Secretary determines 
        appropriate--
                    ``(A) proprietary information;
                    ``(B) security-sensitive information, including 
                information described in section 1520.5(a) of title 49, 
                Code of Federal Regulations;
                    ``(C) specific response resources and tactical 
                resource deployment plans; and
                    ``(D) the specific amount and location of worst case 
                discharges (as defined in part 194 of title 49, Code of 
                Federal Regulations), including the process by which an 
                owner or operator determines the worst case discharge.

    ``(b) Relationship to FOIA.--Nothing in this section may be 
construed to require disclosure of information or records that are 
exempt from disclosure under section 552 of title 5.''.
            (2) Clerical amendment.--The analysis for chapter 601 is 
        amended by inserting after the item relating to section 60137 
        the following:

``60138. Response plans.''.

SEC. 7. CAST IRON GAS PIPELINES.

    (a) Follow-Up Surveys.--Section 60108(d) is amended by adding at the 
end the following:
    ``(4) <<NOTE: Deadlines.>> Not later than December 31, 2012, and 
every 2 years thereafter, the Secretary shall conduct a follow-up survey 
to measure the progress that owners and operators of pipeline facilities

[[Page 125 STAT. 1911]]

have made in adopting and implementing their plans for the safe 
management and replacement of cast iron gas pipelines.''.

    (b) Status Report.--Not later than December 31, 2013, the Secretary 
of Transportation shall transmit to the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that--
            (1) identifies the total mileage of cast iron gas pipelines 
        in the United States; and
            (2) evaluates the progress that owners and operators of 
        pipeline facilities have made in implementing their plans for 
        the safe management and replacement of cast iron gas pipelines.
SEC. 8. <<NOTE: 49 USC 60108 note.>> LEAK DETECTION.

    (a) Leak Detection Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        submit to the Committee on Commerce, Science, and Transportation 
        of the Senate and the Committee on Transportation and 
        Infrastructure and the Committee on Energy and Commerce of the 
        House of Representatives a report on leak detection systems 
        utilized by operators of hazardous liquid pipeline facilities 
        and transportation-related flow lines.
            (2) Contents.--The report shall include--
                    (A) an analysis of the technical limitations of 
                current leak detection systems, including the ability of 
                the systems to detect ruptures and small leaks that are 
                ongoing or intermittent, and what can be done to foster 
                development of better technologies; and
                    (B) an analysis of the practicability of 
                establishing technically, operationally, and 
                economically feasible standards for the capability of 
                such systems to detect leaks, and the safety benefits 
                and adverse consequences of requiring operators to use 
                leak detection systems.

    (b) Rulemaking Requirements.--
            (1) Review period defined.--In this subsection, the term 
        ``review period'' means the period beginning on the date of 
        enactment of this Act and ending on the earlier of--
                    (A) the date that is 1 year after the date of 
                completion of the report under subsection (a); or
                    (B) the date that is 2 years after the date of 
                enactment of this Act.
            (2) Congressional authority.--In order to provide Congress 
        the necessary time to review the results of the report required 
        by subsection (a) and implement appropriate recommendations, the 
        Secretary, during the review period, shall not issue final 
        regulations described in paragraph (3).
            (3) Standards.--As soon as practicable following the review 
        period, if the report required by subsection (a) finds that it 
        is practicable to establish technically, operationally, and 
        economically feasible standards for the capability of leak 
        detection systems to detect leaks, the Secretary shall issue 
        final regulations that--
                    (A) require operators of hazardous liquid pipeline 
                facilities to use leak detection systems where 
                practicable; and

[[Page 125 STAT. 1912]]

                    (B) establish technically, operationally, and 
                economically feasible standards for the capability of 
                such systems to detect leaks.
            (4) Savings clause.--
                    (A) <<NOTE: Determination.>>  In general.--
                Notwithstanding any other provision of this subsection, 
                the Secretary, during the review period, may issue final 
                regulations described in paragraph (3) if the Secretary 
                determines that a condition that poses a risk to public 
                safety, property, or the environment is present or an 
                imminent hazard exists and that the regulations will 
                address the risk or hazard.
                    (B) Imminent hazard defined.--In subparagraph (A), 
                the term ``imminent hazard'' means the existence of a 
                condition related to pipelines or pipeline operations 
                that presents a substantial likelihood that death, 
                serious illness, severe personal injury, or substantial 
                endangerment to health, property, or the environment may 
                occur.
SEC. 9. <<NOTE: 49 USC 60117 note.>> ACCIDENT AND INCIDENT 
                    NOTIFICATION.

    (a) Revision of Regulations.--Not later than 18 months after the 
date of enactment of this Act, the Secretary of Transportation shall 
revise regulations issued under sections 191.5 and 195.52 of title 49, 
Code of Federal Regulations, to establish specific time limits for 
telephonic or electronic notice of accidents and incidents involving 
pipeline facilities to the Secretary and the National Response Center.
    (b) Minimum Requirements.--In revising the regulations, the 
Secretary, at a minimum, shall--
            (1) establish time limits for telephonic or electronic 
        notification of an accident or incident to require such 
        notification at the earliest practicable moment following 
        confirmed discovery of an accident or incident and not later 
        than 1 hour following the time of such confirmed discovery;
            (2) review procedures for owners and operators of pipeline 
        facilities and the National Response Center to provide thorough 
        and coordinated notification to all relevant State and local 
        emergency response officials, including 911 emergency call 
        centers, for the jurisdictions in which those pipeline 
        facilities are located in the event of an accident or incident, 
        and revise such procedures as appropriate; and
            (3) require such owners and operators to revise their 
        initial telephonic or electronic notice to the Secretary and the 
        National Response Center with an estimate of the amount of the 
        product released, an estimate of the number of fatalities and 
        injuries, if any, and any other information determined 
        appropriate by the Secretary within 48 hours of the accident or 
        incident, to the extent practicable.

    (c) Updating of Reports.--After receiving revisions described in 
subsection (b)(3), the National Response Center shall update the initial 
report on an accident or incident instead of generating a new report.
SEC. 10. TRANSPORTATION-RELATED ONSHORE FACILITY RESPONSE PLAN 
                      COMPLIANCE.

    (a) In General.--Subparagraphs (A) and (B) of section 311(m)(2) of 
the Federal Water Pollution Control Act (33 U.S.C. 1321(m)(2)) are each 
amended by striking ``Administrator or'' and inserting ``Administrator, 
the Secretary of Transportation, or''.

[[Page 125 STAT. 1913]]

    (b) Conforming Amendment.--Section 311(b)(6)(A) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(b)(6)(A)) is amended by striking 
``operating or'' and inserting ``operating, the Secretary of 
Transportation, or''.
SEC. 11. PIPELINE INFRASTRUCTURE DATA COLLECTION.

    (a) In General.--Section 60132(a) is amended by adding at the end 
the following:
            ``(4) Any other geospatial or technical data, including 
        design and material specifications, that the Secretary 
        determines are necessary to carry out the purposes of this 
        section. The Secretary shall give reasonable notice to operators 
        that the data are being requested.''.

    (b) Disclosure Limited to FOIA Requirements.--Section 60132, as 
amended by this Act, is further amended by adding at the end the 
following:
    ``(f) Public Disclosure Limited.--The Secretary may not disclose 
information collected pursuant to subsection (a) except to the extent 
permitted by section 552 of title 5.''.
SEC. 12. TRANSPORTATION-RELATED OIL FLOW LINES.

    Section 60102, as amended by this Act, is further amended by adding 
at the end the following:
    ``(o) Transportation-Related Oil Flow Lines.--
            ``(1) Data collection.--The Secretary may collect geospatial 
        or technical data on transportation-related oil flow lines, 
        including unregulated transportation-related oil flow lines.
            ``(2) Transportation-related oil flow line defined.--In this 
        subsection, the term `transportation-related oil flow line' 
        means a pipeline transporting oil off of the grounds of the well 
        where it originated and across areas not owned by the producer, 
        regardless of the extent to which the oil has been processed, if 
        at all.
            ``(3) Limitation.--Nothing in this subsection authorizes the 
        Secretary to prescribe standards for the movement of oil through 
        production, refining, or manufacturing facilities or through oil 
        production flow lines located on the grounds of wells.''.
SEC. 13. COST RECOVERY FOR DESIGN REVIEWS.

    (a) In General.--Section 60117(n) is amended to read as follows:
    ``(n) Cost Recovery for Design Reviews.--
            ``(1) In general.--
                    ``(A) Review costs.--For any project described in 
                subparagraph (B), if the Secretary conducts facility 
                design safety reviews in connection with a proposal to 
                construct, expand, or operate a gas or hazardous liquid 
                pipeline facility or liquefied natural gas pipeline 
                facility, including construction inspections and 
                oversight, the Secretary may require the person 
                proposing the project to pay the costs incurred by the 
                Secretary relating to such 
                reviews. <<NOTE: Fees. Assessment. Procedures.>> If the 
                Secretary exercises the cost recovery authority 
                described in this paragraph, the Secretary shall 
                prescribe a fee structure and assessment methodology 
                that is based on the costs of providing these reviews 
                and shall prescribe procedures to collect fees under 
                this paragraph. The Secretary

[[Page 125 STAT. 1914]]

                may not collect design safety review fees under this 
                paragraph and section 60301 for the same design safety 
                review.
                    ``(B) Projects to which applicable.--Subparagraph 
                (A) applies to any project that--
                          ``(i) has design and construction costs 
                      totaling at least $2,500,000,000, as periodically 
                      adjusted by the Secretary to take into account 
                      increases in the Consumer Price Index for all-
                      urban consumers published by the Department of 
                      Labor, based on--
                                    ``(I) the cost estimate provided to 
                                the Federal Energy Regulatory Commission 
                                in an application for a certificate of 
                                public convenience and necessity for a 
                                gas pipeline facility or an application 
                                for authorization for a liquefied 
                                natural gas pipeline facility; or
                                    ``(II) a good faith estimate 
                                developed by the person proposing a 
                                hazardous liquid pipeline facility and 
                                submitted to the Secretary; or
                          ``(ii) uses new or novel technologies or 
                      design, as determined by the Secretary.
            ``(2) <<NOTE: Deadlines. Plans. Procedures.>>  
        Notification.--For any new pipeline facility construction 
        project in which the Secretary will conduct design reviews, the 
        person proposing the project shall notify the Secretary and 
        provide the design specifications, construction plans and 
        procedures, and related materials at least 120 days prior to the 
        commencement of <<NOTE: Guidance.>> construction. To the maximum 
        extent practicable, not later than 90 days after receiving such 
        design specifications, construction plans and procedures, and 
        related materials, the Secretary shall provide written comments, 
        feedback, and guidance on the project.
            ``(3) Pipeline safety design review fund.--
                    ``(A) Establishment.--There is established a 
                Pipeline Safety Design Review Fund in the Treasury of 
                the United States.
                    ``(B) Deposits.--The Secretary shall deposit funds 
                paid under this subsection into the Fund.
                    ``(C) Use.--Amounts in the Fund shall be available 
                to the Secretary, in amounts specified in appropriations 
                Acts, to offset the costs of conducting facility design 
                safety reviews under this subsection.
            ``(4) No additional permitting authority.--Nothing in this 
        subsection may be construed as authorizing the Secretary to 
        require a person to obtain a permit before beginning design and 
        construction in connection with a project described in paragraph 
        (1)(B).''.

    (b) <<NOTE: Deadline. 49 USC 60117 note.>>  Guidance.--Not later 
than 1 year after the date of enactment of this Act, the Secretary of 
Transportation shall issue guidance to clarify the meaning of the term 
``new or novel technologies or design'' as used in section 
60117(n)(1)(B)(ii) of title 49, United States Code, as amended by 
subsection (a) of this section.
SEC. 14. BIOFUEL PIPELINES.

    Section 60101(a)(4) is amended--
            (1) in subparagraph (A) by striking ``and'' after the 
        semicolon;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and

[[Page 125 STAT. 1915]]

            (3) by inserting after subparagraph (A) the following:
                    ``(B) nonpetroleum fuel, including biofuel, that is 
                flammable, toxic, or corrosive or would be harmful to 
                the environment if released in significant quantities; 
                and''.
SEC. 15. CARBON DIOXIDE PIPELINES.

    Section 60102(i) is amended--
            (1) by striking ``The Secretary shall regulate'' and 
        inserting the following:
            ``(1) Transportation in liquid state.--The Secretary shall 
        regulate''.
            (2) by adding at the end the following new paragraph:
            ``(2)  Transportation in gaseous state.--
                    ``(A) Minimum safety standards.--The Secretary shall 
                prescribe minimum safety standards for the 
                transportation of carbon dioxide by pipeline in a 
                gaseous state.
                    ``(B) Considerations.--In establishing the 
                standards, the Secretary shall consider whether applying 
                the minimum safety standards in part 195 of title 49, 
                Code of Federal Regulations, as in effect on the date of 
                enactment of this paragraph, for the transportation of 
                carbon dioxide in a liquid state to the transportation 
                of carbon dioxide in a gaseous state would ensure 
                safety.
            ``(3) Limitation on statutory construction.--Nothing in this 
        subsection authorizes the Secretary to regulate piping or 
        equipment used in the production, extraction, recovery, lifting, 
        stabilization, separation, or treatment of carbon dioxide or the 
        preparation of carbon dioxide for transportation by pipeline at 
        production, refining, or manufacturing facilities.''.
SEC. 16. STUDY OF TRANSPORTATION OF DILUTED BITUMEN.

    Not <<NOTE: Deadline. Review. Determination.>>  later than 18 months 
after the date of enactment of this Act, the Secretary of Transportation 
shall complete a comprehensive review of hazardous liquid pipeline 
facility regulations to determine whether the regulations are sufficient 
to regulate pipeline facilities used for the transportation of diluted 
bitumen. In conducting the review, the Secretary shall conduct an 
analysis of whether any increase in the risk of a release exists for 
pipeline facilities transporting diluted <<NOTE: Reports.>> bitumen. The 
Secretary shall report the results of the review to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Energy and 
Commerce of the House of Representatives.
SEC. 17. STUDY OF NONPETROLEUM HAZARDOUS LIQUIDS TRANSPORTED BY 
                      PIPELINE.

    The Secretary of Transportation may conduct an analysis of the 
transportation of nonpetroleum hazardous liquids by pipeline facility 
for the purpose of identifying the extent to which pipeline facilities 
are currently being used to transport nonpetroleum hazardous liquids, 
such as chlorine, from chemical production facilities across land areas 
not owned by the producer that are accessible to the public. The 
analysis should identify the extent to which the safety of the pipeline 
facilities is unregulated by the States and evaluate whether the 
transportation of such chemicals by pipeline facility across areas 
accessible to the public would present significant risks to public 
safety, property, or the environment in the absence of regulation. The 
results of the analysis shall be

[[Page 125 STAT. 1916]]

made available to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Transportation and Infrastructure and 
the Committee on Energy and Commerce of the House of Representatives.
SEC. 18. CLARIFICATIONS.

    (a) Inspection and Maintenance.--Section 60108(a)(1) is amended by 
striking ``an intrastate'' and inserting ``a''.
    (b) Owner and Operator.--Section 60102(a)(2)(A) is amended by 
striking ``owners and operators'' and inserting ``any or all of the 
owners or operators''.
SEC. 19. <<NOTE: Waiver authority.>> MAINTENANCE OF EFFORT.

    Section 60107(b) is amended by adding at the end the following: 
``For each of fiscal years 2012 and 2013, the Secretary shall grant such 
a waiver to a State if the State can demonstrate an inability to 
maintain or increase the required funding share of its safety program at 
or above the level required by this subsection due to economic hardship 
in that State. For fiscal year 2014, and each fiscal year thereafter, 
the Secretary may grant such a waiver to a State if the State can make 
the demonstration described in the preceding sentence.''.
SEC. 20. ADMINISTRATIVE ENFORCEMENT PROCESS.

    (a) <<NOTE: 49 USC 60117 note.>>  Issuance of Regulations.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 2 years 
        after the date of enactment of this Act, the Secretary of 
        Transportation shall issue regulations--
                    (A) requiring hearings under sections 60112, 60117, 
                60118, and 60122 of title 49, United States Code, to be 
                convened before a presiding official;
                    (B) providing the opportunity for any person 
                requesting a hearing under section 60112, 60117, 60118, 
                or 60122 of such title to arrange for a transcript of 
                the hearing, at the expense of the requesting person;
                    (C) ensuring expedited review of any order issued 
                pursuant to section 60112(e) of such title;
                    (D) implementing a separation of functions between 
                personnel involved with the investigation and 
                prosecution of an enforcement case and advising the 
                Secretary on findings and determinations; and
                    (E) prohibiting ex-parte communication relevant to 
                the question to be decided in such a case by parties to 
                an investigation or hearing.
            (2) Presiding official.--The regulations issued under this 
        subsection shall--
                    (A) <<NOTE: Definition.>>  define the term 
                ``presiding official'' to mean the person who conducts 
                any hearing relating to civil penalty assessments, 
                compliance orders, safety orders, or corrective action 
                orders; and
                    (B) require that the presiding official be an 
                attorney on the staff of the Deputy Chief Counsel of the 
                Pipeline and Hazardous Materials Safety Administration 
                that is not engaged in investigative or prosecutorial 
                functions, including the preparation of notices of 
                probable violations, notices relating to civil penalty 
                assessments, notices relating to compliance, or notices 
                of proposed corrective actions.

[[Page 125 STAT. 1917]]

            (3) Expedited review.--The regulations issued under this 
        subsection shall define the term ``expedited review'' for the 
        purposes of paragraph (1)(C).

    (b) Standards of Judicial Review.--Section 60119(a) is amended by 
adding at the end the following new paragraph:
    ``(3) <<NOTE: Applicability.>>  A judicial review of agency action 
under this section shall apply the standards of review established in 
section 706 of title 5.''.
SEC. 21. GAS AND HAZARDOUS LIQUID GATHERING LINES.

    (a) Review.--The Secretary of Transportation shall conduct a review 
of existing Federal and State regulations for gas and hazardous liquid 
gathering lines located onshore and offshore in the United States, 
including within the inlets of the Gulf of Mexico.
    (b) Report to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure and the Committee 
        on Energy and Commerce of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the Senate 
        a report on the results of the review.
            (2) Recommendations.--The report shall include the 
        Secretary's recommendations with respect to--
                    (A) the sufficiency of existing Federal and State 
                laws and regulations to ensure the safety of gas and 
                hazardous liquid gathering lines;
                    (B) the economic impacts, technical practicability, 
                and challenges of applying existing Federal regulations 
                to gathering lines that are not currently subject to 
                Federal regulation when compared to the public safety 
                benefits; and
                    (C) subject to a risk-based assessment, the need to 
                modify or revoke existing exemptions from Federal 
                regulation for gas and hazardous liquid gathering lines.

    (c) Offshore Gathering Lines.--Section 60108(c) is amended by adding 
at the end the following:
    ``(8) <<NOTE: Regulations. Notice. Hearings.>>  If, after reviewing 
existing Federal and State regulations for hazardous liquid gathering 
lines located offshore in the United States, including within the inlets 
of the Gulf of Mexico, the Secretary determines it is appropriate, the 
Secretary shall issue regulations, after notice and an opportunity for a 
hearing, subjecting offshore hazardous liquid gathering lines and 
hazardous liquid gathering lines located within the inlets of the Gulf 
of Mexico to the same standards and regulations as other hazardous 
liquid gathering lines. The regulations issued under this paragraph 
shall not apply to production pipelines or flow lines.''.
SEC. 22. EXCESS FLOW VALVES.

    Section 60109(e)(3) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) Distribution branch services, multifamily 
                facilities, and small commercial facilities.--
                Not <<NOTE: Deadline. Reports. Regulations.>>  later 
                than 2 years after the date of enactment of the Pipeline 
                Safety, Regulatory Certainty, and Job Creation Act of 
                2011, and after issuing a final report on the evaluation 
                of the National Transportation Safety Board's 
                recommendation on excess flow valves in applications 
                other than service

[[Page 125 STAT. 1918]]

                lines serving one single family residence, the 
                Secretary, if appropriate, shall by regulation require 
                the use of excess flow valves, or equivalent technology, 
                where economically, technically, and operationally 
                feasible on new or entirely replaced distribution branch 
                services, multifamily facilities, and small commercial 
                facilities.''.
SEC. 23. MAXIMUM ALLOWABLE OPERATING PRESSURE.

    (a) In General.--Chapter 601, as amended by this Act, is further 
amended by adding at the end the following:
``Sec. 60139. <<NOTE: 49 USC 60139.>> Maximum allowable operating 
                    pressure

    ``(a) Verification of Records.--
            ``(1) In <<NOTE: Deadline.>>  general.--The Secretary of 
        Transportation shall require each owner or operator of a 
        pipeline facility to conduct, not later than 6 months after the 
        date of enactment of this section, a verification of the records 
        of the owner or operator relating to the interstate and 
        intrastate gas transmission pipelines of the owner or operator 
        in class 3 and class 4 locations and class 1 and class 2 high-
        consequence areas.
            ``(2) Purpose.--The purpose of the verification shall be to 
        ensure that the records accurately reflect the physical and 
        operational characteristics of the pipelines described in 
        paragraph (1) and confirm the established maximum allowable 
        operating pressure of the pipelines.
            ``(3) Elements.--The verification process under this 
        subsection shall include such elements as the Secretary 
        considers appropriate.

    ``(b) Reporting.--
            ``(1) Documentation of certain pipelines.--Not later than 18 
        months after the date of enactment of this section, each owner 
        or operator of a pipeline facility shall identify and submit to 
        the Secretary documentation relating to each pipeline segment of 
        the owner or operator described in subsection (a)(1) for which 
        the records of the owner or operator are insufficient to confirm 
        the established maximum allowable operating pressure of the 
        segment.
            ``(2) Exceedances of maximum allowable operating pressure.--
        If there <<NOTE: Deadline.>>  is an exceedance of the maximum 
        allowable operating pressure with respect to a gas transmission 
        pipeline of an owner or operator of a pipeline facility that 
        exceeds the build-up allowed for operation of pressure-limiting 
        or control devices, the owner or operator shall report the 
        exceedance to the Secretary and appropriate State authorities on 
        or before the 5th day following the date on which the exceedance 
        occurs.

    ``(c) Determination of Maximum Allowable Operating Pressure.--
            ``(1) In general.--In the case of a transmission line of an 
        owner or operator of a pipeline facility identified under 
        subsection (b)(1), the Secretary shall--
                    ``(A) require the owner or operator to reconfirm a 
                maximum allowable operating pressure as expeditiously as 
                economically feasible; and
                    ``(B) determine what actions are appropriate for the 
                pipeline owner or operator to take to maintain safety 
                until a maximum allowable operating pressure is 
                confirmed.

[[Page 125 STAT. 1919]]

            ``(2) Interim actions.--In determining the actions for an 
        owner or operator of a pipeline facility to take under paragraph 
        (1)(B), the Secretary shall take into account potential 
        consequences to public safety and the environment, potential 
        impacts on pipeline system reliability and deliverability, and 
        other factors, as appropriate.

    ``(d) Testing Regulations.--
            ``(1) In <<NOTE: Deadline.>>  general.--Not later than 18 
        months after the date of enactment of this section, the 
        Secretary shall issue regulations for conducting tests to 
        confirm the material strength of previously untested natural gas 
        transmission pipelines located in high-consequence areas and 
        operating at a pressure greater than 30 percent of specified 
        minimum yield strength.
            ``(2) Considerations.--In developing the regulations, the 
        Secretary shall consider safety testing methodologies, 
        including, at a minimum--
                    ``(A) pressure testing; and
                    ``(B) other alternative methods, including in-line 
                inspections, determined by the Secretary to be of equal 
                or greater effectiveness.
            ``(3) <<NOTE: Timeframes.>>  Completion of testing.--The 
        Secretary, in consultation with the Chairman of the Federal 
        Energy Regulatory Commission and State regulators, as 
        appropriate, shall establish timeframes for the completion of 
        such testing that take into account potential consequences to 
        public safety and the environment and that minimize costs and 
        service disruptions.

    ``(e) High-consequence Area Defined.--In this section, the term 
`high-consequence area' means an area described in section 60109(a).''.
    (b) Clerical Amendment.--The analysis for chapter 601 is amended by 
inserting after the item relating to section 60138 the following:

``60139. Maximum allowable operating pressure.''.

SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE.

    Section 60102, as amended by this Act, is further amended by adding 
at the end the following:
    ``(p) Limitation on Incorporation of Documents by Reference.--
Beginning 1 <<NOTE: Effective date. Public information. Web 
posting.>> year after the date of enactment of this subsection, the 
Secretary may not issue guidance or a regulation pursuant to this 
chapter that incorporates by reference any documents or portions thereof 
unless the documents or portions thereof are made available to the 
public, free of charge, on an Internet Web site.''.
SEC. 25. <<NOTE: 49 USC 60117 note.>> PIPELINE SAFETY TRAINING FOR 
                      STATE AND LOCAL GOVERNMENT PERSONNEL.

    (a) In General.--To further the objectives of chapter 601 of title 
49, United States Code, the Secretary of Transportation may provide the 
services of personnel from the Pipeline and Hazardous Materials Safety 
Administration to provide training for State and local government 
personnel at a pipeline safety training facility that is established and 
operated by an agency or instrumentality of the United States, a unit of 
State or local government, or an educational institution.
    (b) Reimbursements for Training Expenditures.--

[[Page 125 STAT. 1920]]

            (1) In general.--Notwithstanding any other provision of law, 
        the Secretary may require reimbursement from sources other than 
        the Federal Government for all expenses incurred by the 
        Secretary in providing training for State and local government 
        personnel under subsection (a), including salaries, expenses, 
        transportation for Pipeline and Hazardous Materials Safety 
        Administration personnel, and the cost of training materials.
            (2) Authorization of appropriations.--Amounts collected as 
        reimbursement under paragraph (1) are authorized to be 
        appropriated for the purposes set forth in chapter 601 of title 
        49, United States Code.
SEC. 26. REPORT ON MINORITY-OWNED, WOMAN-OWNED, AND DISADVANTAGED 
                      BUSINESSES.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States, based upon available 
information, shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives a comprehensive report assessing the levels and types of 
participation and methods of facilitating the participation of minority-
owned business enterprises, woman-owned business enterprises, and 
disadvantaged business enterprises in the construction and operation of 
pipeline facilities in the United States.
SEC. 27. REPORT ON PIPELINE PROJECTS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a comprehensive study regarding the process for obtaining 
Federal and State permits for projects to construct pipeline facilities.
    (b) Evaluation.--In conducting the study, the Comptroller General 
shall evaluate how long it takes to issue permits for pipeline 
construction projects, the relationship between the States and the 
Federal Government in issuing such permits, and any recommendations from 
the States for improving the permitting process.
    (c) Consultation.--In conducting the study, the Comptroller General 
shall consult with the Committee on Transportation and Infrastructure 
and the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure and the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the results of the 
study.
SEC. 28. COVER OVER BURIED PIPELINES.

    (a) In General.--Chapter 601, as amended by this Act, is further 
amended by adding at the end the following:
``Sec. 60140. <<NOTE: 49 USC 60140.>> Cover over buried pipelines

    ``(a) Hazardous Liquid Pipeline Incidents Involving Buried 
Pipelines.--
            ``(1) Study.--The Secretary of Transportation shall conduct 
        a study of hazardous liquid pipeline incidents at crossings of 
        inland bodies of water with a width of at least 100 feet

[[Page 125 STAT. 1921]]

        from high water mark to high water mark to determine if the 
        depth of cover over the buried pipeline was a factor in any 
        accidental release of hazardous liquids.
            ``(2) Report.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall transmit to the 
        Committee on Transportation and Infrastructure and the Committee 
        on Energy and Commerce of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the Senate 
        a report on the results of the study.

    ``(b) Assessment of Current Requirements for Depth of Cover Over 
Buried Pipelines.--
            ``(1) In <<NOTE: Deadline. Review. Determination.>>  
        general.--If, following completion of the study under subsection 
        (a), the Secretary finds that the depth of cover over buried 
        pipelines is a contributing factor in the accidental release of 
        hazardous liquids from the pipelines, the Secretary, not later 
        than 1 year after the date of completion of the study, shall 
        review and determine the sufficiency of current requirements for 
        the depth of cover over buried pipelines.
            ``(2) Legislative recommendations.--
                    ``(A) Development.--If the Secretary determines 
                under paragraph (1) that the current requirements for 
                the depth of cover over buried pipelines are 
                insufficient, the Secretary shall develop legislative 
                recommendations for improving the safety of buried 
                pipelines at crossings of inland bodies of water with a 
                width of at least 100 feet from high water mark to high 
                water mark.
                    ``(B) Consideration of factors.--In developing 
                legislative recommendations under subparagraph (A), the 
                Secretary shall consider the factors specified in 
                section 60102(b)(2).
                    ``(C) Report to congress.--If the Secretary develops 
                legislative recommendations under subparagraph (A), the 
                Secretary shall submit to the committees referred to in 
                subsection (a)(2) a report containing the legislative 
                recommendations.''.

    (b) Clerical Amendment.--The analysis for chapter 601 is amended by 
inserting after the item relating to section 60139 the following:

``60140. Cover over buried pipelines.''.

SEC. <<NOTE: 49 USC 60109 note.>> 29. SEISMICITY.

    In identifying and evaluating all potential threats to each pipeline 
segment pursuant to parts 192 and 195 of title 49, Code of Federal 
Regulations, an operator of a pipeline facility shall consider the 
seismicity of the area.
SEC. 30. <<NOTE: Deadline. Protocol. 49 USC 60117 note.>> TRIBAL 
                      CONSULTATION FOR PIPELINE PROJECTS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall develop and implement a protocol for 
consulting with Indian tribes to provide technical assistance for the 
regulation of pipelines that are under the jurisdiction of Indian 
tribes.
SEC. 31. PIPELINE INSPECTION AND ENFORCEMENT NEEDS.

    (a) <<NOTE: Deadline. Reports.>>  Inspection and Enforcement 
Needs.--Not later than 12 months after the date of enactment of this 
Act, the Secretary

[[Page 125 STAT. 1922]]

of Transportation shall submit to the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that provides information on--
            (1) the total number of full-time equivalent positions for 
        pipeline inspection and enforcement personnel at the Pipeline 
        and Hazardous Materials Safety Administration;
            (2) out of the total number of such positions, how many of 
        the positions are not filled and the reasons why the positions 
        are not filled;
            (3) the actions the Administrator of the Pipeline and 
        Hazardous Materials Safety Administration is taking to fill the 
        positions; and
            (4) any additional inspection and enforcement resource needs 
        of the Pipeline and Hazardous Materials Safety Administration.

    (b) Staffing.--Subject to the availability of funds, the Secretary 
may increase the number of positions for pipeline inspection and 
enforcement personnel at the Pipeline and Hazardous Materials Safety 
Administration by 10 full-time equivalent employees, if--
            (1) on or before September 30, 2014, the Secretary fills the 
        135 full-time equivalent positions for pipeline inspection and 
        enforcement personnel specified in section 18(e) of the Pipeline 
        Inspection, Protection, Enforcement, and Safety Act of 2006 (120 
        Stat. 3498); and
            (2) in preparing the report under subsection (a), the 
        Secretary finds that additional pipeline inspection and 
        enforcement personnel are necessary.
SEC. 32. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125(a) is amended to read 
as follows:
    ``(a) Gas and Hazardous Liquid.--
            ``(1) In general.--To carry out the provisions of this 
        chapter related to gas and hazardous liquid and section 12 of 
        the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
        note; Public Law 107-355), there is authorized to be 
        appropriated to the Department of Transportation for each of 
        fiscal years 2012 through 2015, from fees collected under 
        section 60301, $90,679,000, of which $4,746,000 is for carrying 
        out such section 12 and $36,194,000 is for making grants.
            ``(2) Trust fund amounts.--In addition to the amounts 
        authorized to be appropriated by paragraph (1), there is 
        authorized to be appropriated for each of fiscal years 2012 
        through 2015 from the Oil Spill Liability Trust Fund to carry 
        out the provisions of this chapter related to hazardous liquid 
        and section 12 of the Pipeline Safety Improvement Act of 2002 
        (49 U.S.C. 60101 note; Public Law 107-355), $18,573,000, of 
        which $2,174,000 is for carrying out such section 12 and 
        $4,558,000 is for making grants.''.

    (b) Emergency Response Grants.--Section 60125(b)(2) is amended by 
striking ``2007 through 2010'' and inserting ``2012 through 2015''.
    (c) One-Call Notification Programs.--Section 6107 is amended--

[[Page 125 STAT. 1923]]

            (1) in subsection (a) by striking ``2007 through 2010.'' and 
        inserting ``2012 through 2015.'';
            (2) in subsection (b) by striking ``2007 through 2010.'' and 
        inserting ``2012 through 2015.''; and
            (3) by striking subsection (c).

    (d) State Damage Prevention Programs.--Section 60134 is amended by 
adding at the end the following:
    ``(i) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to provide grants under this section 
$1,500,000 for each of fiscal years 2012 through 2015. Such funds shall 
remain available until expended.''.
    (e) Community Pipeline Safety Information Grants.--Section 60130 is 
amended--
            (1) in subsection (a)(1) by striking ``$50,000'' and 
        inserting ``$100,000'';
            (2) in subsection (b)--
                    (A) by inserting ``to grant recipients and their 
                contractors'' after ``this section''; and
                    (B) by inserting ``, for direct advocacy for or 
                against a pipeline construction or expansion project,'' 
                after ``for lobbying''; and
            (3) in subsection (d) by striking ``$1,000,000 for each of 
        the fiscal years 2003 through 2010'' and inserting ``$1,500,000 
        for each of fiscal years 2012 through 2015''.

    (f) Pipeline Transportation Research and Development.--Section 12 of 
the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note) is 
amended--
            (1) in subsection (d) by adding at the end the following:
            ``(3) Ongoing pipeline transportation research and 
        development.--
                    ``(A) <<NOTE: Plans. Deadlines. Reports.>>  In 
                general.--After the initial 5-year program plan has been 
                carried out by the participating agencies, the Secretary 
                of Transportation, in coordination with the Director of 
                the National Institute of Standards and Technology, as 
                appropriate, shall prepare a research and development 
                program plan every 5 years thereafter and shall transmit 
                a report to Congress on the status and results-to-date 
                of implementation of the program every 2 years. The 
                biennial report shall include a summary of updated 
                research needs and priorities identified through the 
                consultation requirements of paragraph (2).
                    ``(B) Consultation.--The Secretary shall comply with 
                the consultation requirements of paragraph (2) when 
                preparing the program plan and in the selection and 
                prioritization of research and development projects.
                    ``(C) Funding from non-federal sources.--The 
                Secretary shall ensure at least 30 percent of the costs 
                of program-wide research and development activities are 
                carried out using non-Federal sources.''.

[[Page 125 STAT. 1924]]

            (2) in subsection (f) by striking ``2003 through 2006.'' and 
        inserting ``2012 through 2015.''.

    Approved January 3, 2012.

LEGISLATIVE HISTORY--H.R. 2845:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-297, Pt. 1 (Comm. on Transportation and 
Infrastructure).
CONGRESSIONAL RECORD, Vol. 157 (2011):
            Dec. 12, considered and passed House.
            Dec. 13, considered and passed Senate.

                                  <all>