Page:United States Statutes at Large Volume 116 Part 4.djvu/559

 PUBLIC LAW 107-355—DEC. 17, 2002 116 STAT. 2987 (2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (3) by inserting after subsection (a) the following: " (b) AGREEMENTS WITH CERTIFICATION.— "(1) IN GENERAL. — If the Secretary accepts a certification under section 60105 and makes the determination required under this subsection, the Secretary may make an agreement with a State authority authorizing it to participate in the oversight of interstate pipeline transportation. Each such agreement shall include a plan for the State authority to participate in special investigations involving incidents or new construction and allow the State authority to participate in other activities overseeing interstate pipeline transportation or to assume additional inspection or investigatory duties. Nothing in this section modifies section 60104(c) or authorizes the Secretary to delegate the enforcement of safety standards for interstate pipeline facilities prescribed under this chapter to a State authority. " (2) DETERMINATIONS REQUIRED.— The Secretary may not enter into an agreement under this subsection, unless the Secretary determines in writing that— "(A) the agreement allowing participation of the State authority is consistent with the Secretary's program for inspection and consistent with the safety policies and provisions provided under this chapter; "(B) the interstate participation agreement would not adversely affect the oversight responsibilities of intrastate pipeline transportation by the State authority; "(C) the State is carrying out a program demonstrated to promote preparedness and risk prevention activities that enable communities to live safely with pipelines; "(D) the State meets the minimum standards for State one-call notification set forth in chapter 61; and "(E) the actions planned under the agreement would not impede interstate commerce or jeopardize public safety. "(3) EXISTING AGREEMENTS. — If requested by the State authority, the Secretary shall authorize a State authority which had an interstate agreement in effect after January 31, 1999, to oversee interstate pipeline transportation pursuant to the terms of that agreement until the Secretary determines that the State meets the requirements of paragraph (2) and executes a new agreement, or until December 31, 2003, whichever is sooner. Nothing in this paragraph shall prevent the Secretary, after affording the State notice, hearing, and an opportunity to correct any alleged deficiencies, from terminating an agreement that was in effect before enactment of the Pipeline Safety Improvement Act of 2002 if— "(A) the State authority fails to comply with the terms of the agreement; "(B) implementation of the agreement has resulted in a gap in the oversight responsibilities of intrastate pipeline transportation by the State authority; or "(C) continued participation by the State authority in the oversight of interstate pipeline transportation has had an adverse impact on pipeline safety.", (b) ENDING AGREEMENTS.—Subsection (e) of section 60106 (as redesignated by subsection (a)(2) of this section) is amended to read as follows:

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