republic-os/legal/us/code/title-49/chapter-601/section-60127.md

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LegalText	49 U.S.C. § 60127	Population encroachment and rights-of-way	us	united_states_code	code_section	49	TRANSPORTATION	601	SAFETY	60127	49 U.S.C. § 60127	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip	/us/usc/t49/s60127	data/legal/raw/us/code/title-49/usc49.xml	45566ecfeec34be682e8f5eee87c81338a35d7ba6d251f7bcc9dd9eb963565a2	0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb	47007a503794b1b7e10a005aefc658fd1024f5482a7126d41b21b3017ec5ab54	2026-07-04	official	legal us-code

49 U.S.C. § 60127 - Population encroachment and rights-of-way

Text

(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, § 16(a), Oct. 12, 1996, 110 Stat. 3803; amended Pub. L. 107–355, § 11(a), Dec. 17, 2002, 116 Stat. 2996.)

Notes

Editorial Notes

References in TextThe 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.

Amendments2002—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.”