§60127 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must work with the Federal Energy Regulatory Commission and talk with other federal, state, and local governments to study how land is used and how environmental resources are protected around pipeline rights-of-way. The goal is to find ways to keep people, homes, and businesses from moving into those areas, lower risks to the public, pipeline workers, and the environment, raise awareness of those risks, and protect natural resources while letting pipeline operators maintain safety. The study must look at what legal powers governments have and their limits, how agencies and local governments currently handle pipeline easements, and the best ways to encourage monitoring and less encroachment. Within 1 year after this subsection is enacted, the Secretary must publish a report naming the most successful practices, laws, and local rules, give copies to Congress and federal agencies, send them to States for local authorities, and push for their adoption.

Title 49, §60127

Transportation — Source: USLM XML via OLRC

(a)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)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)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)(1)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

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.”

§60127 Population Encroachment and Rights-of-way