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49 USC 1674.

Legislative recommendations.

(11) a description of the number and qualifications of State pipeline safety inspectors in each State for which a certification or agreement is in effect under section 5, together with the number of such pipeline inspectors (and their qualifications) which the Secretary recommends for that State.

(b) The report required by subsection (a) shall contain such recommendations for additional legislation as the Secretary deems necessary to promote cooperation among the several States in the improvement of gas pipeline safety and to strengthen the national gas pipeline safety program. (As amended by P.L. 94-477, 90 Stat. 2073, October 11, 1976; and P.L. 96-129, 93 Stat. 989, November 30, 1979)

Appropriations Authorized

49 USC 1684.

Sec. 17.

(a) For the purpose of carrying out the provisions of this Act (other than provisions for which funds are authorized to be appropriated under subsection (b), there are authorized to be appropriated

(1) $6,200,000, for the fiscal year ending September 30, 1980; and

(2) $6,900,000, for the fiscal year ending September 30, 1981.
(b) For the purpose of carrying out the Federal grants-in-aid provisions of section 5(d) of this
Act, there are authorized to be appropriated-

(1) $4,500,000, for the fiscal year ending September 30, 1980; and
(2) $5,500,000, for the fiscal year ending September 30, 1981.

(As amended by P.L. 92-401,86 Stat. 616, August 22, 1972; P.L. 93-403, 88 Stat. 802, August 30, 1974; P.L. 94-477, 90 Stat. 2073, October 11, 1976; and P.L. 96-129, 93 Stat. 989, November 30, 1979)

Consumer Education

49 USC 1685.

Sec. 18. Each person who engages in the transportation of gas shall, in accordance with the regulations prescribed by the Secretary, conduct a program to educate the public on the possible hazards associated with gas leaks and on the importance of reporting gas odors and leaks to appropriate authorities. The Secretary may develop materials suitable for use in such education programs.

(As amended by P.L. 94-477, 90 Stat. 2073, October 11, 1976; and P.L. 96-129, 93 Stat. 989, November 30, 1979)

Citizen's Civil Action

49 USC 1686.

Notice.

Sec. 19.

(a) Except as provided in subsection (b), any person may commence a civil action for mandatory or prohibitive injunctive relief, including interim equitable relief, against any other person (including any State, municipality, or other governmental entity to the extent permitted by the eleventh amendment to the Constitution, and the United States) who is alleged to be in violation of this Act or of any order or regulation issued under this Act. The district courts of the United States shall have jurisdiction over actions brought under this section, without regard to the amount in controversy or the citizenship of the parties.

(b) No civil action may be commenced under subsection (a) with respect to any alleged violation of this Act or any order or regulation issued under this Act,

(1) prior to the expiration of 60 days after the plaintiff has given notice of such alleged violation to the Secretary (or to the applicable State agency in the case of a State which has been certified under section 5(a) and in which the violation is alleged to have occurred), and to any person who is alleged to have committed such violation; or

(2) if the Secretary (or such State agency) has commenced and is diligently pursuing administrative proceedings or the Attorney General of the United States (or the chief law enforcement officer of such State) has commenced and is diligently pursuing judicial

proceedings with respect to such alleged violation. Notice under this subsection shall be given in such manner as the Secretary shall prescribe by regulation.

(c) In any action under subsection (a), the Secretary (with the concurrence of the Attorney General) or the Attorney General may intervene as a matter of right.

Regulations.

(d) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or at common law to seek enforcement of this Act or any order or regulation under this Act or to seek any other relief.

(e) In any action under this section the court may, in the interest of justice, award the costs of suit, including reasonable attorney's fees and reasonable expert witnesses fees, to a prevailing plaintiff. Such court may, in the interest of justice, award such costs to a prevailing defendant whenever such action is unreasonable, frivolous, or meritless. For purposes of this subsection a reasonable attorney's fee is a fee

(1) which is based upon

(A) the actual time expended by an attorney in providing advice and other legal services in connection with representing a person in an action brought under this section, and

(B) such reasonable expenses as may be incurred by the attorney in the provision of such services, and

(2) which is computed at the rate prevailing for the provision of similar services with respect to actions brought in the court which is awarding such fee.

(f) For purposes of this section, a violation of any safety standard of practice of any State shall be deemed to be a violation of this Act or of any order or regulation under this Act only to the extent that such standard or practice is not more stringent than the comparable Federal minimum safety standard.

(As amended by P.L. 94-477, 90 Stat. 2073, October 11, 1976; and P.L. 96-129, 93 Stat. 989, November 30, 1979)

Approved August 12, 1968.

Amendments Approved August 22, 1972; August 30, 1974; October 11, 1976; and November 30,

1979.

LEGISLATIVE HISTORY: P.L. 90-481

HOUSE REPORTS;

No. 1390 (Comm. on Interstate & Foreign Commerce) and

No. 1795 (Comm. of Conference).
SENATE REPORT:

No. 733 (Comm. on Commerce).
CONGRESSIONAL RECORD:
Vol. 113 (1967):

Nov. 9, considered and passed Senate.
Vol. 114 (1968):

June 27, July 2, considered and passed House, amended.
July 26, House agreed to conference report.
July 31, Senate agreed to conference report.

LEGISLATIVE HISTORY: P.L. 92-401

HOUSE REPORTS:

No. 92-257 (Comm. on Interstate & Foreign Commerce) and

No. 92-1322 (Comm. of Conference).
SENATE REPORT:

No. 92-829 (Comm. on Commerce).
CONGRESSIONAL RECORD:
Vol. 117 (1971):

June 21, considered and passed House.
Vol. 118 (1972):

June 6, considered and passed Senate, amended.
Aug. 9, Senate agreed to conference report.
Aug. 15, House agreed to conference report.

LEGISLATIVE HISTORY: P.L. 93-403

HOUSE REPORT:

No. 93-1296 (Comm. on Interstate & Foreign Commerce). SENATE REPORT:

No. 93-1087 accompanying S. 3620 (Comm. on Commerce).

CONGRESSIONAL RECORD:
Vol. 120 (1974):

Aug. 19, considered and passed House.
Aug. 21, considered and passed Senate.

LEGISLATIVE HISTORY: P.L. 94-477

HOUSE REPORTS:

No. 94-1050 (Comm. on Interstate & Foreign Commerce) and

No. 94-1660 (Comm. of Conference).
SENATE REPORT:

No. 94-852 accompanying S. 2042 (Comm. on Commerce).
CONGRESSIONAL RECORD:
Vol. 122 (1976):

May 3, considered and passed House.
July 30, considered and passed Senate, amended, in lieu of S. 2042.
Sept. 27, House receded and concurred with amendment to Senate amendment.
Sept. 28, Senate concurred in House amendment.

LEGISLATIVE HISTORY: P.L. 96-129

HOUSE REPORTS:

No. 96-201, Pt. I (Comm. on Interstate & Foreign Commerce) and
No. 96-201, Pt. II (Comm. on Public Works & Transportation),

both accompanying H.R. 51. SENATE REPORT:

No. 96-182 (Comm. on Commerce, Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 125 (1979):

June 4, considered and passed Senate.
Sept. 17, 18, H.R. 51 considered and passed House;

passage vacated and S. 411, amended, passed in lieu.
Nov. 14, Senate concurred in House amendment with an amendment.
Nov. 15, House concurred in Senate amendment.

BB. Natural Gas Policy Act of 1978, Public Law 95-621, 92 Stat. 3350, November 9,

1978 (15 USC 3301-3432).

Title I is omitted.

An Act

For the relief of Joe Cortina of Tampa, Florida.
Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled,

TITLE I-FOR THE RELIEF OF JOE CORTINA

(This Title is omitted)

SHORT TITLE; TABLE OF CONTENTS

Section 1.

(a) Short Title.—This Act may be cited as the "Natural Gas Policy Act of 1978”. (b) Table of Contents.

Natural Gas Policy Act of 1978.

TABLE OF CONTENTS

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

TITLE I-WELLHEAD PRICING

Subtitle A-Wellhead Price Controls


Sec. 101. Inflation adjustment; other general price ceiling rules.
Sec. 102. Ceiling price for new natural gas and certain natural gas produced from the Outer

Continental Shelf.
Sec. 103. Ceiling price for new, onshore production wells.
Sec. 104. Ceiling price for sales of natural gas dedicated to interstate commerce.
Sec. 105. Ceiling price for sales under existing intrastate contracts.
Sec. 106. Ceiling price for sales under rollover contracts.
Sec. 107. Ceiling price for high-cost natural gas.
Sec. 108. Ceiling price for stripper well natural gas.
Sec. 109. Ceiling price for other categories of natural gas.
Sec. 110. Treatment of State severance taxes and certain production-related costs.

Subtitle BDecontrol of Certain Natural Gas Prices

Sec. 121. Elimination of price controls for certain natural gas sales.
Sec. 122. Standby price control authority.
Sec. 123. Report to the Congress.

TITLE II—INCREMENTAL PRICING

Sec. 201. Industrial boiler fuel use.
Sec. 202. Amendment expanding application for other industrial uses.
Sec. 203. Acquisition costs subject to passthrough.
Sec. 204. Method of passthrough.
Sec. 205. Local distribution company passthrough requirements.
Sec. 206. Exemptions.
Sec. 207. Treatment of certain imports.
Sec. 208. Alaska natural gas.

TITLE III–ADDITIONAL AUTHORITIES AND REQUIREMENTS

Subtitle A-Emergency Authorities

Sec. 301. Declaration of Emergency.
Sec. 302. Emergency purchase authority.
Sec. 303. Emergency allocation authority.
Sec. 304. Miscellaneous provisions.

Subtitle B-Other Authorities and Requirements

Sec. 311. Authorization of certain sales and transportation.
Sec. 312. Assignment of contractual rights to receive surplus natural gas.
Sec. 313. Effect of certain natural gas prices on indefinite price escalator clauses.
Sec. 314. Clauses prohibiting certain sales, transportation, and commingling.
Sec. 315. Contract duration; right of first refusal; filing of contracts and agreements.

TITLE IV-NATURAL GAS CURTAILMENT POLICIES

Sec. 401. Natural gas for essential agricultural uses.
Sec. 402. Natural gas for essential industrial process and feedstock uses.
Sec. 403. Establishment and implementation of agricultural and industrial priorities.
Sec. 404. Limitation on revoking or amending certain pre-1969 certificates of public

convenience and necessity.

TITLE V-ADMINISTRATION, ENFORCEMENT, AND REVIEW

Sec. 501. General rulemaking authority.
Sec. 502. Administrative procedure.
Sec. 503. Determinations for qualifying under certain categories of natural gas.
Sec. 504. Enforcement.
Sec. 505. Intervention.
Sec. 506. Judicial review.
Sec. 507. Congressional review.
Sec. 508. Technical amendment.

TITLE VI-COORDINATION WITH THE NATURAL GAS ACT;

EFFECT ON STATE LAWS

Sec. 601. Coordination with the Natural Gas Act.
Sec. 602. Effect on State laws.

Definitions

Sec. 2.
(a) For purposes of this Act,

(1) Natural Gas.—The term "natural gas” means either natural gas unmixed, or any mixture of natural and artificial gas.

(2) Well.—The term "well” means any well for the discovery or production of natural gas, crude oil, or both. (3) New Well. The term "new well” means any well

(A) the surface drilling of which began on or after February 19, 1977; or

(B) the depth of which was increased, by means of drilling on or after February 19, 1977, to a completion location which is located at least 1,000 feet below the depth of the deepest completion location of such well attained before February 19, 1977. (4) Old Well.-The term "old well” means any well other than a new well. (5) Marker Well.

(A) General Rule.—The term “marker well” means any well from which natural gas was produced in commercial quantities at any time after January 1, 1970, and before April 20, 1977.

(B) New Wells.-The term "marker well” does not include any new well under paragraph (3)(A) but includes any new well under paragraph (3)(B) if such well qualifies as a marker well

under subparagraph (A) of this paragraph. (6) Reservoir.—The term "reservoir” means any producible natural accumulation of natural gas, crude oil, or both, confined

(A) by impermeable rock or water barriers and characterized by a single natural pressure system; or

(B) by lithologic or structural barriers which prevent pressure communication. (7) Completion Location.

(A) General Rule.-The term "completion location" means any subsurface location from which natural gas is being or has been produced in commercial quantities.

(B) Marker Well.—The term "completion location”, when used with reference to any marker well, means any subsurface location from which natural gas was produced from such well in commercial quantities after January 1, 1970, and before April 20, 1977.

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