Public Law 102–508

Federal Safety Standards and Reports.—

Section 3(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1672(a)) is amended—

Corrective Action.—

Section 12(b) of such Act (49 U.S.C. App. 1679b(b)) is amended—

Pipeline Inventory.—

Section 3 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App, 1672) is amended—

Maps.—

Section 3(e)(2) of such Act is amended by inserting

49 USC app. 1672.

“including an identification of areas described in regulations issued under subsection (i)(1),” after “supplementary geographic description,”.

Inspection and Maintenance Plans.—

Section 13(a)(4) of such Act (49 U.S.C. App. 1680(a)(4)) is amended by inserting “and the protection of the environment” after “public safety”.

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

by inserting “(1) Federal safety standards.—” after “Inspection Devices.—”;

by indenting paragraph (1), as designated by paragraph (2) of this subsection, and moving such paragraph (1) (including subparagraphs (A) and (B), as designated by paragraph (1) of this subsection) 2 ems to the right;

by adding at the end of paragraph (1), as designated by paragraph (2) of this subsection, the following new sentence: “The Secretary may extend such regulation to require existing transmission 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.”; and

by adding at the end the following new paragraph:

“(2)“(2)

Periodic inspections.—

Not later than 3 years after

Regulations.

the date of the enactment of this paragraph, the Secretary shall issue regulations requiring the periodic inspection of each pipeline identified pursuant to subsection (i) by the operator of the pipeline. In issuing the regulations, the Secretary shall prescribe the circumstances, if any, under which such inspections shall be conducted with an instrumented internal inspection device. In those circumstances under which an instrumented internal inspection device is not required, the Secretary shall require the use of an inspection method that is at least as effective as the use of such a device in providing for the safety of the pipeline.”.

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in subsection (a)(3) by striking the period and inserting ”, including 2 members who have education, background, or experience in environmental protection or public safety. At least 1 of the members selected under this paragraph shall have no financial interests in the pipeline, petroleum, or natural gas industries.”; and

in subsection (b) by inserting after the sixth sentence the following new sentence: “The Committee, if requested by the Secretary, shall make recommendations to the Secretary concerning policy development.”.

in the third sentence by striking “may” and inserting “shall”; and

by inserting after the third sentence the following new sentence: “Such certification may, as the Secretary considers appropriate, be performed by the operator. Such testing and certification shall address the ability to recognize and appropriately react to abnormal operating conditions which may indicate a dangerous situation or a condition exceeding design limits.”

in paragraph (2)(A) by striking “pipeline facility operators described in paragraph (1)(A)” and inserting “operators of pipeline facilities described in paragraph (3)”;

in paragraph (2)(B) by striking “paragraph (1)(A)” and inserting “paragraph (3)”;

in paragraph (3) by striking “periodic inspection program” and all that follows through “and its inlets” and inserting the following:

“periodic inspection program of—

“(A)“(A)

all offshore pipeline facilities; and

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“(B)“(B)

any other pipeline facilities which cross under, over, or through navigable waters, as such term is defined by the Secretary, if the location of such pipeline facilities in such navigable waters could pose a hazard to navigation or public safety, as determined by the Secretary”;

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in paragraph (4) by striking “offshore pipeline facility” and inserting “pipeline facility described in paragraph (3)”; and

by adding at the end the following new paragraph:

“(5)“(5)

Supplementary initial inspection.—

“(A)“(A)

Requirement.—

Not later than—

“(i)“(i)

3 years after the date of the enactment of this paragraph; or

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“(ii)“(ii)

6 months after the establishment of standards under subparagraph (D),

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whichever occurs first, the operator of each offshore pipeline facility not described in paragraph (I)(A) shall inspect such pipeline facility and report to the Secretary on any portion of the pipeline facility which is exposed or is a hazard to navigation. This subparagraph shall apply only to pipeline facilities between the high water mark and the point where the subsurface is under 15 feet of water, as measured from mean low water.

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“(B)“(B)

Extension.—

The Secretary may extend the time period for compliance under subparagraph (A) with respect to a pipeline facility for an additional period of up to 6 months if the operator of the pipeline facility demonstrates to the satisfaction of the Secretary that a good faith effort, with due diligence and care, has failed to enable compliance with the deadline under subparagraph (A).

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“(C)“(C)

Prior inspection recognition.—

Any inspection of a pipeline facility which has occurred after October 3, 1989, may be used for compliance with subparagraph (A) if the inspection conforms to the requirements of that subparagraph.

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“(D)“(D)

Establishment of standards.—

The Secretary shall, within 2 years after the date of the enactment of this paragraph, establish, for the purposes of this paragraph, standards—

“(i)“(i)

for what constitutes an exposed pipeline facility; and

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“(ii)“(ii)

for what constitutes a hazard to navigation”,

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Definition of Transportation of Gas.—

Regulations Defining Gathering Lines.—

Such Act is further amended by adding at the end the following new section:

“SEC. 21. GATHERING LINES.

“(a)“(a)

Gathering Lines Defined.—

The Secretary shall, within 2 years after the date of the enactment of this section, define by regulation the term ‘gathering line’. In defining such term, the Secretary shall consider functional and operational characteristics of the lines to be included in the definition and shall not be bound by any classifications established by the Federal Energy Regulatory Commission under the Natural Gas Act.

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“(b)“(b)

Regulated Gathering Lines Defined.—

The Secretary shall, within 3 years after the date of the enactment of this section, define by regulation the term ‘regulated gathering line’. In defining such term, the Secretary shall consider such factors as location, length of line from the well site, operating pressure, throughput, and the composition of the transported gas in determining the types of lines which are functionally gathering but which, due to specific physical characteristics, warrant regulation under this Act.”.

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Property Damage Threshold.—

Section 5(a)(ii) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1674(a)(ii)) is amended by striking “$5,000” and inserting “an amount established by the Secretary”.

Date of Annual Report to Congress.—

Section 16(a) of such Act (49 U.S.C. App. 1683(a)) is amended by striking “April 15” and inserting “August 15”.

Maximum Civil Penalty.—

Section 11(a)(1) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1679a(a)(1)) is amended by striking “$10,000” and inserting “$25,000”.

Enforcement Orders.—

Section 14 of such Act (49 U.S.C. App. 1681) is amended by adding at the end the following new subsection:

“(f)“(f)

Enforcement Orders.—

In case of contumacy or refusal to obey a subpoena, or refusal to allow officers, employees, or agents authorized by the Secretary to enter, conduct inspections, or examine records and properties for purposes of determining compliance with this Act, by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, such district court shall, upon the request of the Attorney General, acting at the request of the Secretary, have jurisdiction to issue to such person an order requiring such person to comply forthwith. Failure to obey such an order is punishable by that court as a contempt of court.”.

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In General.—

Section 12(b) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1679b(b)) is amended by adding at the end the following new paragraph:

“(6)“(6)

Opportunity for state comment.—

The Secretary shall provide, to appropriate State officials responsible for pipeline safety in any State in which a pipeline facility is located, notice and an opportunity to comment on any agreement proposed to be entered into by the Secretary to resolve a proceeding initiated under this section with respect to such pipeline facility. Comment submitted under this paragraph shall incorporate comments of affected local officials”.

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Effective Date.—

The amendment made by subsection (a) shall take effect on the 180th day following the date of the enactment of this Act.

by striking “and” at the end of paragraph (8);

by striking the period at the end of paragraph (9) and inserting a semicolon; and

by inserting after paragraph (9) the following new paragraphs:

“(10)“(10)

$6,405,000 for the fiscal year ending September 30, 1992;

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“(11)“(11)

$6,857,000 for the fiscal year ending September 30, 1993;

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“(12)“(12)

$7,000,000 for the fiscal year ending September 30, 1994; and

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“(13)“(13)

$7,500,000 for the fiscal year ending September 30, 1995?.

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Service Line Maintenance Information.—

Section 18 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1685) is amended—

Maintenance of Customer-Owned Service Lines.—

Safety Measures.—

Section 3 of the Natural Gas Pipeline Safety Act of 1968 (14 U.S.C. App. 1672) is further amended by

49 USC app. 1672.

adding at the end the following new subsection:

“(k)“(k)

Safety Measures.—

The Secretary shall, within 1 year after transmitting the report required by section 115(b) of the Pipeline Safety Act of 1992, taking into consideration such report, and in cooperation and coordination with appropriate State and local authorities, take action, as appropriate, to promote the adop-tion of measures that would improve the safety of customer-owned service lines.”.

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Federal Safety Standards and Reports.—

Section 203 of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2002) is amended—

Corrective Action.—

Section 209(b) of such Act (49 U.S.C. App. 2008(b)) is amended—

Pipeline Inventory.—

Section 203 of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2002) is amended—

Maps.—

Section 203(i)(2) of such Act (49 U.S.C. App. 2002(i)(2)) is amended by inserting “including an identification of areas described in regulations issued under subsection (m),” after “supplementary geographic description,”.

Inspection and Maintenance Plans.—

Section 210 of such Act (49 U.S.C. App. 2009) is amended—

by redesignating paragraphs (1) and (2) as subparagraphs (A) and(B), respectively;

by inserting “(1) Federal safety standards.—” after “Inspection Devices.—”;

by indenting paragraph (1), as designated by paragraph (2) of this subsection, and moving such paragraph (1) (including subparagraphs (A) and (B), as designated by paragraph (1) of this subsection) 2 ems to the right;

by adding at the end of paragraph (1), as designated by paragraph (2) of this subsection, the following new sentence: “The Secretary may extend such regulation to require existing transmission 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.”; and

by adding at the end the following new paragraph:

“(2)“(2)

Periodic inspections.—

Not later than 3 years after

Regulations.

the date of the enactment of this paragraph, the Secretary shall issue regulations requiring the periodic inspection of each pipeline identified pursuant to subsection (m) by the operator of the pipeline. In issuing the regulations, the Secretary shall prescribe the circumstances, if any, under which such inspections shall be conducted with an instrumented internal inspection device. In those circumstances under which an instrumented internal inspection device is not required, the Secretary shall require the use of an inspection method that is at least as effective as the use of such a device in providing for the safety of the pipeline.”.

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in subsection (a)(3) by striking the period and inserting “, including 2 members who have education, background, or experience in environmental protection or public safety. At least 1 of the members selected under this paragraph shall have no financial interests in the pipeline, petroleum, or natural gas industries”; and

in subsection (b) by inserting after the sixth sentence the following new sentence: “The Committee, if requested by the Secretary, shall make recommendations to the Secretary concerning policy development.”.

in the second sentence by striking “may” and inserting “shall”; and

by inserting after the second sentence the following new sentence: “Such certification may, as the Secretary considers appropriate, be performed by the operator. Such testing and certification shall address the ability to recognize and appropriately react to abnormal operating conditions which may indicate a dangerous situation or a condition exceeding design limits.”.

in paragraph (2)(A) by striking “pipeline facility operators described in paragraph (1)(A)” and inserting “operators of pipeline facilities described in paragraph (3)”;

in paragraph (2)(B) by striking “paragraph (1)(A)” and inserting “paragraph (3)”;

in paragraph (3) by striking “periodic inspection program” and all that follows through “and its inlets” and inserting the following:

“periodic inspection program of—

“(A)“(A)

all offshore pipeline facilities; and

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“(B)“(B)

any other pipeline facilities which cross under, over, or through navigable waters, as such term is defined by the Secretary, if the location of such pipeline facilities in such navigable waters could pose a hazard to navigation or public safety, as determined by the Secretary”;

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in paragraph (4) by striking “offshore pipeline facility” and inserting “pipeline facility described in paragraph (3)”; and

by adding at the end the following new paragraphs:

(5)(5)

Transfer Pipeline Facilities.—

The Secretary shall not exempt from regulation under this Act any offshore pipeline facility solely on the basis of the fact that such pipeline facility serves to transfer hazardous liquids in underwater pipelines between vessels and onshore facilities.

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(6)(6)

Supplementary initial inspection.—

“(A)“(A)

Requirement.—

Not later than—

Reports.

“(i)“(i)

3 years after the date of the enactment of this paragraph; or

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“(ii)“(ii)

6 months after the establishment of standards under subparagraph (D),

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whichever occurs first, the operator of each offshore pipeline facility not described in paragraph (1)(A) shall inspect such pipeline facility and report to the Secretary on any portion of the pipeline facility which is exposed or is a hazard to navigation. This subparagraph shall apply only to pipeline facilities between the high water mark and the point where the subsurface is under 15 feet of water, as measured from mean low water.

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“(B)“(B)

Extension.—

The Secretary may extend the time period for compliance under subparagraph (A) with respect to a pipeline facility for an additional period of up to 6 months if the operator of the pipeline facility demonstrates to the satisfaction of the Secretary that a good faith effort, with due diligence and care, has failed to enable compliance with the deadline under subparagraph (A).

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“(C)“(C)

Prior inspection recognition.—

Any inspection of a pipeline facility which has occurred after October 3, 1989, may be used for compliance with subparagraph (A) if the inspection conforms to the requirements of that subparagraph.

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“(D)“(D)

Establishment of standards.—

The Secretary shall, within 2 years after the date of the enactment of this paragraph, establish, for the purposes of this paragraph, standards—

“(i)“(i)

for what constitutes an exposed pipeline facility; and

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“(ii)“(ii)

for what constitutes a hazard to navigation.”.

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Definition of Transportation of Hazardous Liquids.—

Regulations Defining Gathering Lines.—

Such Act is further amended by adding at the end the following new section:

“SEC. 220. GATHERING LINES.

“(a)“(a)

Gathering Lines Defined.—

The Secretary shall, within 2 years after the date of the enactment of this section, define by regulation the term ‘gathering Unes’.

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“(b)“(b)

Regulated Gathering Lines Defined.—

The Secretary shall, within 3 years after the date of the enactment of this section, define by regulation the term ‘regulated gathering lines’. In defining such term, the Secretary shall consider such factors as location, length of line from the well site, operating pressure, throughput, diameter, and the composition of the transported hazardous liquid in determining the types of lines which are functionally gathering but which, due to specific physical characteristics, warrant regulation under this Act. Such definition shall not include crude oil gathering lines that are of a nominal diameter of 6 inches or less, are operated at low pressure, and are located in rural areas that are not unusually sensitive to environmental damage.”.

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Conforming Amendment.—

The table of contents contained in section 1(b) of the Hazardous Liquid Pipeline Safety Act of 1979 is amended by adding at the end the following new item:

Property Damage Threshold.—

Section 205(a) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2004(a)) is amended by striking “$5,000” and inserting “an amount established by the Secretary”.

Date of Annual Report to Congress.—

Section 213(a) of such Act (49 U.S.C. App. 2012(a)) is amended by striking “April 15” and inserting “August 15”.

Maximum Civil Penalty.—

Section 208(a)(1) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2007(a)(1) is amended by striking “$10,000” and inserting “$25,000”.

Enforcement Orders.—

Section 211 of such Act (49 U.S.C. App. 2010) is amended by adding at the end the following new subsection:

“(f)“(f)

Enforcement Orders.—

In case of contumacy or refusal to obey a subpoena, or refusal to allow officers, employees, or agents authorized by the Secretary to enter, conduct inspections, or examine records and properties for purposes of determining compliance with this Act, by any person who resides, is found, or transacts business within the jurisdiction of any district court of the United States, such district court shall, upon the request of the Attorney General, acting at the request of the Secretary, have jurisdiction to issue to such person an order requiring such person to comply forthwith. Failure to obey such an order is punishable by that court as a contempt of court.”.

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In General.—

Section 209(b) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2008(b)) is. amended by adding at the end the following new paragraph:

“(6)“(6)

Opportunity for state comment.—

The Secretary

Intergovernmental relations.

shall provide, to appropriate State officials responsible for pipeline safety in any State in which a pipeline facility is located, notice and an opportunity to comment on any agreement proposed to be entered into by the Secretary to resolve a proceeding initiated under this section with respect to such pipeline facility. Comment submitted under this paragraph shall incorporate comments of affected local officials”.

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Effective Date.—

The amendment made by subsection (a)

49 USC app. 2008 note.

shall take effect on the 180th day following the date of the enactment of this Act.

by striking “and” at the end of paragraph (8);

by striking the period at the end of paragraph (9) and inserting a semicolon; and

by inserting after paragraph (9) the following new paragraphs:

“(10)“(10)

$1,600,500 for the fiscal year ending September 30, 1992;

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“(11)“(11)

$1,728,500 for the fiscal year ending September 30, 1993;

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“(12)“(12)

$1,866,800 for the fiscal year ending September 30, 1994; and

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“(13)“(13)

$2,000,000 for the fiscal year ending September 30, 1995”.

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One-Call Enforcement.—

Section 20 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1687) is amended by adding at the end the following new subsections:

“(g)“(g)

Violations.—

Any person who knowingly and willfully—

“(1)“(1)

engages in excavation activities—

“(A)“(A)

without first using an available one-call notification system to determine the location of underground facilities in the area being excavated; or

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“(B)“(B)

without heeding appropriate location information or markings established by an operator of a natural gas or hazardous liquid pipeline facility; and

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“(2)“(2)

subsequently damages—

“(A)“(A)

a natural gas pipeline facility resulting in death, serious bodily harm, or actual damage to property exceeding $50,000; or

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“(B)“(B)

a hazardous liquid pipeline facility resulting in death, serious bodily harm, actual damage to property exceeding $50,000, or release of more than 50 barrels of product,

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shall, upon conviction, be subject, for each offense, to a fine under title 18, United States Code, imprisonment for a term not to exceed 5 years, or both.

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“(h)“(h)

Marking of Facilities.—

Upon notification by an operator of a damage prevention program or by a contractor, excavator, or other person planning to carry out demolition, excavation, tunneling, or construction in the vicinity of a natural gas or hazardous liquid pipeline facility, the operator of the pipeline facility shall accurately mark, in a reasonable and timely manner, the location of the pipeline facilities in the vicinity of such demolition, excavation, tunneling, or construction.”.

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Technical Amendments.—

Subsections (a)(1) and (c)(1) of section 11 of the Natural Gas Pipeline Safety Act of 1968 (49

49 USC app. 1679a.

U.S.C. App. 1678) are each amended by inserting “or section 20(h)” after “section 10(a)”.

Notification of Occupational Safety and Health Administration.—

The Secretary of Transportation shall, in consultation with the Occupational Safety and Health Administration, establish procedures to notify such Administration of any pipeline accident in which an excavator, causing damage to a pipeline, may have violated Occupational Safety and Health Administration regulations.

to provide technical assistance and training to State pipeline inspectors and to assist in the review and management of pipeline safety grants;

to inspect pipeline facilities, including interstate and intrastate hazardous liquid pipeline facilities in those States that do not have a hazardous liquid pipeline safety program that meets the requirements of section 205 (a) or (b) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2004 (a) or (b));

to assist the States identified in paragraph (2) in developing hazardous liquid pipeline safety programs that meet such requirements; and

to inspect interstate hazardous liquid pipeline facilities constructed before 1971.

In General.—

The Secretary of Transportation shall carry out a research and development program on underground utility location technologies.

Authorization of Appropriations.—

There is authorized to be appropriated to carry out this section $500,000 for fiscal years beginning after September 30, 1992. Such sums shall remain available until expended.

Study.—

The Secretary of Transportation, in consultation with State and other Federal agencies having authority over underwater natural gas and hazardous liquid pipeline facilities and with pipeline owners and operators, the fishing and maritime industries, and other affected groups, shall undertake a study of the abandonment of such pipeline facilities. Such study shall include—

Report to Congress.—

Not later than 3 years after the date of the enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the results of the study undertaken under this section, together with a recommendation for Federal action.

Additional Authority.—

Based on the findings of the study undertaken under this section, the Secretary may require, by regulations issued under the Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979, operators of facilities abandoned before the date of the enactment of this Act to take any additional appropriate actions to prevent hazards to navigation in connection with such facilities.

Authorization of Appropriations.—

There is authorized to be appropriated to carry out this section $300,000 for fiscal years beginning after September 30, 1992. Such funds shall remain available until expended.

Establishment.—

Chapter 1, title 49, United States Code, is amended by adding at the end the following new section:

Ҥ 112. Research and Special Programs Administration

“(a)“(a)

Establishment.—

There is established in the Department of Transportation a Research and Special Programs Administration.

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“(b)“(b)

Administrator.—

“(1)“(1)

Appoinment.—

The Administration shall be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate.

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“(2)“(2)

Reporting.—

The Administrator shall report directly to the Secretary.

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“(c)“(c)

Deputy Administrator.—

The Administration shall have a Deputy Administrator who shall be appointed by the Secretary of Transportation. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.

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“(d)“(d)

Responsibilities of Administrator.—

The Administrator of the Administration shall be responsible for carrying out the following:

“(1)“(1)

Hazmat transportation safety.—

Duties and powers vested in the Secretary of Transportation with respect to hazardous materials transportation safety, except as otherwise delegated by the Secretary.

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“(2)“(2)

Pipeline safety.—

Duties and powers vested in the Secretary with respect to pipeline safety.

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“(3)“(3)

Activities of volpe national transportation systems center.—

Duties and powers vested in the Secretary with respect to activities of the Volpe National Transportation Systems Center,

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“(4)“(4)

Other.—

Such other duties and powers as the Secretary shall prescribe, including such multimodal and intermodal duties as are appropriate.

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“(e)“(e)

Limitation on Statutory Construction.—

Nothing in this section shall affect any delegation of authority, regulation, order, approval, exemption, waiver, contract, or other administrative act of the Secretary with respect to laws administered through the Research and Special Programs Administration of the Department of Transportation on the date of the enactment of this section.”.

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Conforming Amendment.—

The analysis for chapter 1 of such title is amended by adding at the end the following new item:

Amendment to Title 5, United States Code.—

Section 5314 of title 5, United States Code, is amended by adding at the end the following new item:

“Administrator, Research and Special Programs Administration.”.

by striking “reconditions” and inserting “manufactures, reconditions,”; and

by inserting “as qualified” after “represented”.

In General.—

Section 106 of the Hazardous Materials Transportation Act (49 U.S.C. App. 1805) is amended—

Subsection Designation and Heading.—

Section 8 of the Hazardous Materials Transportation Uniform Safety Act of 1990

49 USC app. 1805.

is amended by inserting before “Section 106” the first place it appears the following: “(a) In General.—”.

in subsection (c) by inserting “and” after “alternative routes,”; and

by adding at the end the following new subsection:

“(e)“(e)

Definitions.—

For purposes of this section, the following definitions apply:

“(1)“(1)

High-level radioactive waste.—

The term ‘high-level radioactive waste’ has the meaning given such term in section 2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12)).

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“(2)“(2)

Spent nuclear fuel.—

The term ‘spent nuclear fuel’ has the meaning given such term in section 2(23) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(23)).”.

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Working Group.—

Section 121(a) of the Hazardous Materials Transportation Act (49 U.S.C. App. 1819(a)) is amended—

Consultation Requirement.—

Section 121(b) of such Act is amended by inserting “and permit” before “requirements”.

Upon submission of a request by the State of Missouri for Federal Highway Administration approval of the Page Avenue Extension project (hereinafter cited in this section as “the project”), the Secretary of the United States Department of Transportation (hereinafter cited in this section as “the Secretary”) is authorized to waive the requirements of section 138 of title 23, United States Code and section 303 of title 49, United States Code, for the alignment designated by the State of Missouri as the “Red Alignment”, as described in the draft environmental impact statement approved by the Federal Highway Administration on May 30, 1990, if:

None of the costs to develop or implement the project mitigation plan referred to in subsection (a) shall be considered expenditures pursuant to or in satisfaction of the transportation enhancement requirements of section 133 of title 23, United States Code (as amended by section 1007 of the Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102–240, 105 Stat. 1927–1931).

The Governor of the State of Missouri shall establish a design committee to develop recommendations concerning design and construction features to minimize the visual and physical impact of the project in the vicinity of the Park. The Committee shall include representatives of local elected officials, regional park officials, local community groups, design professionals, environmental organizations, and business organizations.

To the maximum extent practicable, the State of Missouri shall implement the project mitigation plan referred to in subsection (a) prior to the commencement of construction of the Page Avenue Extension project. At a minimum, the mitigation measures specified in subsection (a)(2)(A) and (a)(2)(C) shall be completed prior to commencement of construction of the Page Avenue Extension project.

If the project does not comply with all other requirements of Federal environmental law that are applicable to the project, including sections 134 and 135 of title 23, United States Code (as amended by sections 1024 and, 1025 of the Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102–240, 105 Stat. 1955–1962 and 105 Stat. 1962–1965) and all other requirements of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 1914 et seq.), any waiver of the requirements of section 138 of title 23, United States Code and section 303 of title 49, United States Code, granted by the Secretary under the authority of this section shall be stayed pending a determination by the Secretary that the project has been brought into compliance with such other requirements. Any determination by the Secretary under the preceding sentence shall be subject to judicial review.

by striking “Bedford Springs,”;

by inserting “in Bedford Springs, Pennsylvania,” after “access road”; and

by inserting “or other projects in the counties of Bedford, Blair, Fulton, and Huntington, as selected by the State of Pennsylvania” after “therewith”.