PUBLIC LAW 109–156—DEC. 30, 2005
119 STAT. 2947
necessary amount of disturbance, as determined by the Secretary, shall occur during the construction or maintenance of the enlarged pipeline; (3) be consistent with the laws (including regulations) and policies applicable to units of the National Park System; and (4) be subject to any other terms and conditions that the Secretary determines to be necessary; (c) PERMITS.— (1) IN GENERAL.—The Superintendent may issue a permit to the Corporation for the use of the Recreation Area in accordance with subsection (b) for the temporary construction and staging areas required for the construction of the enlarged pipeline. (2) PRIOR TO ISSUANCE.—The easement authorized under subsection (a) and the permit authorized under paragraph (1) shall require that before the Superintendent issues a permit for any clearing or construction, the Corporation shall— (A) consult with the Superintendent; (B) identify natural and cultural resources of the Recreation Area that may be damaged or lost because of the clearing or construction; and (C) submit to the Superintendent for approval a restoration and mitigation plan that— (i) describes how the land subject to the easement will be maintained; and (ii) includes a schedule for, and description of, the specific activities to be carried out by the Corporation to mitigate the damages or losses to, or restore, the natural and cultural resources of the Recreation Area identified under subparagraph (B). (d) PIPELINE REPLACEMENT REQUIREMENTS.—The enlargement of the pipeline authorized under subsection (a) shall be considered to meet the pipeline replacement requirements required by the Research and Special Programs Administration of the Department of Transportation (CPF No. 1–2002–1004–H). (e) FERC CONSULTATION.—The Corporation shall comply with all other requirements for certification by the Federal Energy Regulatory Commission that are necessary to permit the increase in pipeline size. (f) LIMITATION.—The Secretary shall not grant any additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act. (g) EFFECT ON RIGHT-OF-WAY EASEMENT.—Nothing in this Act increases the 50-foot right-of-way easement for the pipeline. (h) PENALTIES.—On request of the Secretary, the Attorney General may bring a civil action against the Corporation in United States district court to recover damages and response costs under Public Law 101–337 (16 U.S.C. 19jj et seq.) or any other applicable law if— (1) the Corporation— (A) violates a provision of— (i) an easement authorized under subsection (a); or (ii) a permit issued under subsection (c); or
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