49 U.S.C. § 60125 — Authorization of appropriations

Page 1791 TITLE 49—TRANSPORTATION § 60125 1995—Subsec. (a). Pub. L. 104–66 substituted ‘‘of each odd-numbered year’’ for ‘‘of each year’’ in first sen- tence of introductory provisions. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 7th and 9th items on page 135 identify reporting provisions which, as subsequently amended, are contained in this sec- tion), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 60125. Authorization of appropriations (a) GAS AND HAZARDOUS LIQUID.— (1) IN GENERAL.—From fees collected under section 60301, there are authorized to be appro- priated to the Secretary to carry out section 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter relating to gas and hazardous liquid— (A) $156,400,000 for fiscal year 2021, of which— (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $63,000,000 shall be used for making grants; (B) $158,500,000 for fiscal year 2022, of which— (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $66,000,000 shall be used for making grants; and (C) $162,700,000 for fiscal year 2023, of which— (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $69,000,000 shall be used for making grants. (2) TRUST FUND AMOUNTS.—In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be ap- propriated from the Oil Spill Liability Trust Fund established by section 9509(a) of the In- ternal Revenue Code of 1986 to carry out sec- tion 12 of the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355) and the provisions of this chapter re- lating to hazardous liquid— (A) $27,000,000 for fiscal year 2021, of which— (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $11,000,000 shall be used for making grants; (B) $27,650,000 for fiscal year 2022, of which— (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $12,000,000 shall be used for making grants; and (C) $28,700,000 for fiscal year 2023, of which— (i) $3,000,000 shall be used to carry out section 12 of the Pipeline Safety Improve- ment Act of 2002 (49 U.S.C. 60101 note; Pub- lic Law 107–355); and (ii) $13,000,000 shall be used for making grants. (3) UNDERGROUND NATURAL GAS STORAGE FA- CILITY SAFETY ACCOUNT.—From fees collected under section 60302, there is authorized to be appropriated to the Secretary to carry out section 60141 $8,000,000 for each of fiscal years 2021 through 2023. (4) RECRUITMENT AND RETENTION.—From amounts made available to the Secretary under paragraphs (1) and (2), the Secretary shall use— (A) $1,520,000 to carry out section 102(b)(1) of the PIPES Act of 2020, of which— (i) $1,292,000 shall be from amounts made available under paragraph (1)(A); and (ii) $228,000 shall be from amounts made available under paragraph (2)(A); (B) $2,300,000 to carry out section 102(b)(2)(A) of the PIPES Act of 2020, of which— (i) $1,955,000 shall be from amounts made available under paragraph (1)(A); and (ii) $345,000 shall be from amounts made available under paragraph (2)(A); (C) $1,600,000 to carry out section 102(b)(2)(B) of the PIPES Act of 2020, of which— (i) $1,360,000 shall be from amounts made available under paragraph (1)(B); and (ii) $240,000 shall be from amounts made available under paragraph (2)(B); (D) $1,800,000 to carry out section 102(b)(2)(C) of the PIPES Act of 2020, of which— (i) $1,530,000 shall be from amounts made available under paragraph (1)(C); and (ii) $270,000 shall be from amounts made available under paragraph (2)(C); (E) $2,455,000 to carry out section 102(c) of the PIPES Act of 2020 in fiscal year 2021, of which— (i) $2,086,750 shall be from amounts made available under paragraph (1)(A); and (ii) $368,250 shall be from amounts made available under paragraph (2)(A); (F) $2,455,000 to carry out section 102(c) of the PIPES Act of 2020 in fiscal year 2022, of which— (i) $2,086,750 shall be from amounts made available under paragraph (1)(B); and (ii) $368,250 shall be from amounts made available under paragraph (2)(B); and (G) $2,455,000 to carry out section 102(c) of the PIPES Act of 2020 in fiscal year 2023, of which— Page 1792 TITLE 49—TRANSPORTATION § 60125 (i) $2,086,750 shall be from amounts made available under paragraph (1)(C); and (ii) $368,250 shall be from amounts made available under paragraph (2)(C). (b) EMERGENCY RESPONSE GRANTS.— (1) IN GENERAL.—The Secretary may estab- lish a program for making grants to State, county, and local governments in high con- sequence areas, as defined by the Secretary, for emergency response management, train- ing, and technical assistance. To the extent that such grants are used to train emergency responders, such training shall ensure that emergency responders have the ability to pro- tect nearby persons, property, and the envi- ronment from the effects of accidents or inci- dents involving gas or hazardous liquid pipe- lines, in accordance with existing regulations. (2) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated $10,000,000 for each of fiscal years 2021 through 2023 to carry out this subsection. (c) CREDITING APPROPRIATIONS FOR EXPENDI- TURES FOR TRAINING.—The Secretary may credit to an appropriation authorized under subsection (a) amounts received from sources other than the Government for reimbursement for expenses incurred by the Secretary in providing training. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1327; Pub. L. 104–304, § 21, Oct. 12, 1996, 110 Stat. 3805; Pub. L. 107–355, § 22, Dec. 17, 2002, 116 Stat. 3010; Pub. L. 109–468, § 18(a)–(c), Dec. 29, 2006, 120 Stat. 3497, 3498; Pub. L. 112–90, § 32(a), (b), Jan. 3, 2012, 125 Stat. 1922; Pub. L. 114–183, § 2(a), June 22, 2016, 130 Stat. 514; Pub. L. 116–260, div. R, title I, § 101(a), (d), Dec. 27, 2020, 134 Stat. 2211, 2213.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 60125(a) ...... 49 App.:1684(a) (1st sentence). Aug. 12, 1968, Pub. L. 90–481, § 17(a), 82 Stat. 729; Aug. 22, 1972, Pub. L. 92–401, § 4, 86 Stat. 616; Aug. 30, 1974, Pub. L. 93–403, § 3, 88 Stat. 802; Oct. 11, 1976, Pub. L. 94–477, § 2(1), 90 Stat. 2073; restated Nov. 30, 1979, Pub. L. 96–129, §§ 104(b), 108, 93 Stat. 992, 996; Oct. 11, 1984, Pub. L. 98–464, § 1(a), 98 Stat. 1821; Apr. 7, 1986, Pub. L. 99–272, §§ 7001, 7002(b)(4), 100 Stat. 139; Oct. 22, 1986, Pub. L. 99–516, § 1(a), 100 Stat. 2965; Oct. 31, 1988, Pub. L. 100–561, §§ 110, 303(b)(2), 102 Stat. 2809, 2816; Oct. 24, 1992, Pub. L. 102–508, § 114, 106 Stat. 3296. 60125(b) ...... 49 App.:2013(a) (1st sentence). Nov. 30, 1979, Pub. L. 96–129, § 214(a), 93 Stat. 1014; Oct. 11, 1984, Pub. L. 98–464, § 2(a), 98 Stat. 1821; Apr. 7, 1986, Pub. L. 99–272, §§ 7002(b)(3), 7004, 100 Stat. 139, 140; Oct. 22, 1986, Pub. L. 99–516, § 2, 100 Stat. 2965; Oct. 31, 1988, Pub. L. 100–561, § 210, 102 Stat. 2812; Oct. 24, 1992, Pub. L. 102–508, § 214, 106 Stat. 3305. 60125(c)(1) .. 49 App.:1684(c). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 17(c); added Apr. 7, 1986, Pub. L. 99–272, § 7002(a), 100 Stat. 139; Oct. 22, 1986, Pub. L. 99–516, § 1(b), 100 Stat. 2965; Oct. 31, 1988, Pub. L. 100–561, § 301(a), 102 Stat. 2813; Oct. 24, 1992, Pub. L. 102–508, § 301, 106 Stat. 3307. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 60125(c)(2), (3). 49 App.:1684(d). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 17(d); added Apr. 7, 1986, Pub. L. 99–272, § 7002(a), 100 Stat. 139; Oct. 31, 1988, Pub. L. 100–561, § 301(b), 102 Stat. 2813. 60125(d) ...... 49 App.:1687(f). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 20(f); added Oct. 31, 1988, Pub. L. 100–561, § 303(a), 102 Stat. 2816. 60125(e) ...... 49 App.:1684(a) (2d, last sentences). 49 App.:2013(a) (last sentence). 60125(f) ....... 49 App.:1684(e). Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 17(e); added Oct. 31, 1988, Pub. L. 100–561, § 301(c), 102 Stat. 2814. In this section, references to fiscal years ending Sep- tember 30, 1980, 1981, and 1985–1992, are omitted as ex- pired. In subsection (a), the words ‘‘(except sections 60107 and 60114(b))’’ are substituted for ‘‘(other than provi- sions for which funds are authorized to be appropriated under subsection . . . (c) of this section or section 1687 of this Appendix)’’ to eliminate unnecessary words. The reference to subsection (b) is omitted as obsolete. In subsection (b), the words ‘‘(except sections 60107’’ are substituted for ‘‘(other than provisions for which funds are authorized to be appropriated under . . . sec- tion 1684(c) of this Appendix)’’ to eliminate unnecessary words. The words ‘‘subsection (b) of this section or’’ are omitted as obsolete. The reference to section 60114(b) of the revised title is added for clarity. In subsection (c)(1) and (2), the words ‘‘the Federal grants-in-aid provisions of’’ are omitted as surplus. In subsection (c)(3), the words ‘‘the amount of’’ are omitted as surplus. The word ‘‘program’’ is added for consistency in this chapter. The words ‘‘made to a State’’ are omitted as surplus. In subsection (e), the text of 49 App.:1684(a) (last sen- tence) is omitted as expired. In subsection (f)(5), the words ‘‘made available’’ are omitted as surplus. Editorial Notes REFERENCES IN TEXT Section 9509(a) of the Internal Revenue Code of 1986, referred to in subsec. (a)(2), is classified to section 9509(a) of Title 26, Internal Revenue Code. Section 102 of the PIPES Act of 2020, referred to in subsec. (a)(4), is section 102 of div. R of Pub. L. 116–260, which is set out as a note under section 60101 of this title. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–260, § 101(a), added sub- sec. (a) and struck out former subsec. (a) which author- ized appropriations for fiscal years 2016 to 2019 to carry out provisions related to gas and hazardous liquid from fees collected under section 60301 in par. (1), from the Oil Spill Liability Trust Fund in par. (2), and from fees collected under section 60302 in par. (3). Subsec. (b)(2). Pub. L. 116–260, § 101(d), substituted ‘‘fiscal years 2021 through 2023’’ for ‘‘fiscal years 2012 through 2015’’. 2016—Subsec. (a)(1). Pub. L. 114–183, § 2(a)(1), sub- stituted ‘‘there is authorized to be appropriated to the Department of Transportation from fees collected under section 60301—’’ for ‘‘there is authorized to be ap- propriated to the Department of Transportation for each of fiscal years 2012 through 2015, from fees col- lected 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.’’ and added subpars. (A) to (D). Subsec. (a)(2). Pub. L. 114–183, § 2(a)(2), substituted ‘‘there is authorized to be appropriated from the Oil Page 1793 TITLE 49—TRANSPORTATION § 60126 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)—’’ for ‘‘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 Safe- ty Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107–355), $18,573,000, of which $2,174,000 is for car- rying out such section 12 and $4,558,000 is for making grants.’’ and added subpars. (A) to (D). Subsec. (a)(3). Pub. L. 114–183, § 2(a)(3), added par. (3). 2012—Subsec. (a). Pub. L. 112–90, § 32(a), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) au- thorized appropriations and trust fund amounts for gas and hazardous liquid transportation for fiscal years 2007 through 2010. Subsec. (b)(2). Pub. L. 112–90, § 32(b), substituted ‘‘2012 through 2015’’ for ‘‘2007 through 2010’’. 2006—Subsec. (a). Pub. L. 109–468, § 18(a), amended sub- sec. (a) generally. Prior to amendment, subsec. (a) au- thorized appropriations for gas and hazardous liquid transportation for fiscal years 2003 through 2006. Subsec. (b). Pub. L. 109–468, § 18(b), redesignated sub- sec. (d) as (b) and struck out former subsec. (b) which limited appropriation amounts for fiscal years 2003 through 2006 to carry out section 60107 of this title. Subsec. (b)(1). Pub. L. 109–468, § 18(c)(1), inserted at end ‘‘To the extent that such grants are used to train emergency responders, such training shall ensure that emergency responders have the ability to protect near- by persons, property, and the environment from the ef- fects of accidents or incidents involving gas or haz- ardous liquid pipelines, in accordance with existing regulations.’’ Subsec. (b)(2). Pub. L. 109–468, § 18(c)(2), substituted ‘‘$10,000,000’’ for ‘‘$6,000,000’’ and ‘‘2007 through 2010’’ for ‘‘2003 through 2006’’. Subsec. (c). Pub. L. 109–468, § 18(b), redesignated sub- sec. (e) as (c) and struck out heading and text of former subsec. (c). Text read as follows: ‘‘Of the amounts avail- able in the Oil Spill Liability Trust Fund, $8,000,000 shall be transferred to the Secretary of Transportation, as provided in appropriation Acts, to carry out pro- grams authorized in this chapter for each of fiscal years 2003 through 2006.’’ Subsecs. (d), (e). Pub. L. 109–468, § 18(b), redesignated subsecs. (d) and (e) as (b) and (c), respectively. 2002—Subsec. (a). Pub. L. 107–355, § 22(a), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘To carry out this chapter (except for sections 60107 and 60114(b)) related to gas and hazardous liquid, there are author- ized to be appropriated to the Department of Transpor- tation— ‘‘(1) $19,448,000 for fiscal year 1996; ‘‘(2) $20,028,000 for fiscal year 1997, of which $14,600,000 is to be derived from user fees for fiscal year 1997 collected under section 60301 of this title; ‘‘(3) $20,729,000 for fiscal year 1998, of which $15,100,000 is to be derived from user fees for fiscal year 1998 collected under section 60301 of this title; ‘‘(4) $21,442,000 for fiscal year 1999, of which $15,700,000 is to be derived from user fees for fiscal year 1999 collected under section 60301 of this title; and ‘‘(5) $22,194,000 for fiscal year 2000, of which $16,300,000 is to be derived from user fees for fiscal year 2000 collected under section 60301 of this title.’’ Subsec. (b). Pub. L. 107–355, § 22(b)(1), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: ‘‘(b) HAZARDOUS LIQUID.—Not more than the following amounts may be appropriated to the Secretary to carry out this chapter (except sections 60107 and 60114(b)) re- lated to hazardous liquid: ‘‘(1) $1,728,500 for the fiscal year ending September 30, 1993. ‘‘(2) $1,866,800 for the fiscal year ending September 30, 1994. ‘‘(3) $2,000,000 for the fiscal year ending September 30, 1995.’’ Subsec. (b)(1). Pub. L. 107–355, § 22(b)(2), added sub- pars. (A) to (D) and struck out former subpars. (A) to (H) which read as follows: ‘‘(A) $7,750,000 for the fiscal year ending September 30, 1993. ‘‘(B) $9,000,000 for the fiscal year ending September 30, 1994. ‘‘(C) $10,000,000 for the fiscal year ending September 30, 1995. ‘‘(D) $12,000,000 for fiscal year 1996. ‘‘(E) $14,000,000 for fiscal year 1997, of which $12,500,000 is to be derived from user fees for fiscal year 1997 col- lected under section 60301 of this title. ‘‘(F) $14,490,000 for fiscal year 1998, of which $12,900,000 is to be derived from user fees for fiscal year 1998 col- lected under section 60301 of this title. ‘‘(G) $15,000,000 for fiscal year 1999, of which $13,300,000 is to be derived from user fees for fiscal year 1999 col- lected under section 60301 of this title. ‘‘(H) $15,524,000 for fiscal year 2000, of which $13,700,000 is to be derived from user fees for fiscal year 2000 col- lected under section 60301 of this title.’’ Subsec. (c). Pub. L. 107–355, § 22(c), added subsec. (c). Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 107–355, § 22(b)(1), (c), added sub- sec. (d) and struck out former subsec. (d) which read as follows: ‘‘(d) GRANTS FOR ONE-CALL NOTIFICATION SYSTEMS.— Not more than $lllll may be appropriated to the Secretary for the fiscal year ending September 30, 19l, to carry out section 60114(b) of this title. Amounts under this subsection remain available until ex- pended.’’ Subsec. (e). Pub. L. 107–355, § 22(d), struck out ‘‘or (b) of this section’’ after ‘‘under subsection (a)’’. Subsec. (f). Pub. L. 107–355, § 22(b)(1), struck out sub- sec. (f) which read as follows: ‘‘(f) AVAILABILITY OF UNUSED AMOUNTS FOR GRANTS.— (1) The Secretary shall make available for grants to States amounts appropriated for each of the fiscal years that ended September 30, 1986, and 1987, that have not been expended in making grants under section 60107 of this title. ‘‘(2) A grant under this subsection is available to a State that after December 31, 1987— ‘‘(A) undertakes a new responsibility under section 60105 of this title; or ‘‘(B) implements a one-call damage prevention pro- gram established under State law. ‘‘(3) This subsection does not authorize a State to re- ceive more than 50 percent of its allowable pipeline safety costs from a grant under this chapter. ‘‘(4) A State may receive not more than $75,000 under this subsection. ‘‘(5) Amounts under this subsection remain available until expended.’’ 1996—Subsec. (a). Pub. L. 104–304, § 21(a)(1), added sub- sec. (a) and struck out former subsec. (a) which read as follows: ‘‘(a) GAS.—Not more than the following amounts may be appropriated to the Secretary of Transportation to carry out this chapter (except sections 60107 and 60114(b)) related to gas: ‘‘(1) $6,857,000 for the fiscal year ending September 30, 1993. ‘‘(2) $7,000,000 for the fiscal year ending September 30, 1994. ‘‘(3) $7,500,000 for the fiscal year ending September 30, 1995.’’ Subsec. (c)(1). Pub. L. 104–304, § 21(b), added subpars. (D) to (H). § 60126. Risk management (a) RISK MANAGEMENT PROGRAM DEMONSTRA- TION PROJECTS.— (1) IN GENERAL.—The Secretary shall estab- lish risk management demonstration projects—