49 U.S.C. § 60127 : US Code - Section 60127: Population encroachment and rights-of-way

Search 49 U.S.C. § 60127 : US Code - Section 60127: Population encroachment and rights-of-way

(a) Study. - The Secretary of Transportation, in conjunction with
the Federal Energy Regulatory Commission and in consultation with
appropriate Federal agencies and State and local governments, shall
undertake a study of land use practices, zoning ordinances, and
preservation of environmental resources with regard to pipeline
rights-of-way and their maintenance.
(b) Purpose of Study. - The purpose of the study shall be to
gather information on land use practices, zoning ordinances, and
preservation of environmental resources -
(1) to determine effective practices to limit encroachment on
existing pipeline rights-of-way;
(2) to address and prevent the hazards and risks to the public,
pipeline workers, and the environment associated with
encroachment on pipeline rights-of-way;
(3) to raise the awareness of the risks and hazards of
encroachment on pipeline rights-of-way; and
(4) to address how to best preserve environmental resources in
conjunction with maintaining pipeline rights-of-way, recognizing
pipeline operators' regulatory obligations to maintain rights-of-
way and to protect public safety.
(c) Considerations. - In conducting the study, the Secretary
shall consider, at a minimum, the following:
(1) The legal authority of Federal agencies and State and local
governments in controlling land use and the limitations on such
authority.
(2) The current practices of Federal agencies and State and
local governments in addressing land use issues involving a
pipeline easement.
(3) The most effective way to encourage Federal agencies and
State and local governments to monitor and reduce encroachment
upon pipeline rights-of-way.
(d) Report. -
(1) In general. - Not later than 1 year after the date of
enactment of this subsection, the Secretary shall publish a
report identifying practices, laws, and ordinances that are most
successful in addressing issues of encroachment and maintenance
on pipeline rights-of-way so as to more effectively protect
public safety, pipeline workers, and the environment.
(2) Distribution of report. - The Secretary shall provide a
copy of the report to -
(A) Congress and appropriate Federal agencies; and
(B) States for further distribution to appropriate local
authorities.
(3) Adoption of practices, laws, and ordinances. - The
Secretary shall encourage Federal agencies and State and local
governments to adopt and implement appropriate practices, laws,
and ordinances, as identified in the report, to address the risks
and hazards associated with encroachment upon pipeline rights-of-
way and to address the potential methods of preserving
environmental resources while maintaining pipeline rights-of-way,
consistent with pipeline safety.