§ 60127. — Population encroachment.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60127]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 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.
(Added Pub. L. 104-304, Sec. 16(a), Oct. 12, 1996, 110 Stat. 3803;
amended Pub. L. 107-355, Sec. 11(a), Dec. 17, 2002, 116 Stat. 2996.)
References in Text
The date of enactment of this subsection, referred to in subsec.
(d)(1), is the date of enactment of Pub. L. 107-355, which was approved
Dec. 17, 2002.
Amendments
2002--Pub. L. 107-355 substituted ``Population encroachment and
rights-of-way'' for ``Population encroachment'' in section catchline and
amended text generally. Prior to amendment, text read as follows:
``(a) Land Use Recommendations.--The Secretary of Transportation
shall make available to an appropriate official of each State, as
determined by the Secretary, the land use recommendations of the special
report numbered 219 of the Transportation Research Board, entitled
`Pipelines and Public Safety'.
``(b) Evaluation.--The Secretary shall--
``(1) evaluate the recommendations in the report referred to in
subsection (a);
``(2) determine to what extent the recommendations are being
implemented;
``(3) consider ways to improve the implementation of the
recommendations; and
``(4) consider other initiatives to further improve awareness of
local planning and zoning entities regarding issues involved with
population encroachment in proximity to the rights-of-way of any
interstate gas pipeline facility or interstate hazardous liquid
pipeline facility.''
