Sec. 214. Inspection and management of rights-of-way
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/bill/119/s/2975/rs/section-214A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 60108 of title 49, United States Code, is amended by adding at the end the following: When requiring an operator to inspect the surface conditions on or adjacent to a pipeline right-of-way, the Secretary shall allow the use of unmanned aircraft systems and satellites. Nothing in this subsection affects any obligation to operate an unmanned aircraft system in accordance with all relevant Federal laws relating to the use of unmanned aircraft systems. . Section 60108(a) of title 49, United States Code, is amended— in paragraph (1), by striking
(1)Each and inserting the following: Each ; in paragraph (2)— by striking
(2)If and inserting the following: If ; by indenting subparagraphs
(A)through
(E)appropriately; and in subparagraph (D), by indenting clauses
(i)through
(iii)appropriately; in paragraph (3), by indenting the paragraph, and each subparagraph within the paragraph, appropriately; and by adding at the end the following: As part of the review conducted under paragraph (3), the Secretary shall allow for an alternative method of maintaining rights-of-way for pipelines and other pipeline facilities under a voluntary program carried out by the operator if the Secretary determines that the alternative method— achieves a level of safety at least equal to the level of safety required by the regulations promulgated under this chapter; and allows for timely emergency response. An operator considering implementing an alternative method described in subparagraph
(A)may consider incorporating into the plan for implementing that method 1 or more conservation practices, including— integrated vegetation management practices, including reduced mowing; the development of habitat and forage for pollinators and other wildlife through seeding or planting of diverse native forbs and grasses; practices relating to maintenance strategies that promote early successional vegetation or limit disturbance during periods of highest use by target pollinator species and other wildlife on pipeline or facility rights-of-way, including— increasing mowing height; reducing mowing frequency; and refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present; an integrated vegetation management plan that may include approaches such as mechanical tree and brush removal and targeted and judicious use of herbicides and mowing to address incompatible or undesirable vegetation while promoting compatible and beneficial vegetation on pipeline and facility rights-of-way; planting or seeding of deeply rooted, regionally appropriate perennial grasses and wildflowers, including milkweed, to enhance habitat; removing shallow-rooted grasses from planting and seeding mixes, except for use as nurse or cover crops; and obtaining expert training or assistance on wildlife- and pollinator-friendly practices, including— native plant identification; establishment and management of regionally appropriate native plants; land management practices; and integrated vegetation management. In developing alternative methods under this paragraph, an operator shall consult any available guidance issued by— the Secretary; or an applicable State agency carrying out compliance activities on behalf of the Secretary in accordance with section 60105. In the absence of guidance described in clause (i), an operator may consult leading industry practices and guidance to develop and implement alternative methods under this paragraph. An operator using an alternative method under this paragraph shall ensure that the alternative inspection plans of the operator continue to ensure that the operator can identify risks to pipeline facilities. Nothing in this paragraph exempts an operator from compliance with any applicable requirements under this chapter (including any regulations promulgated under this chapter). . 3 years after the date of enactment of this Act, the Inspector General of the Department of Transportation shall initiate a review of a representative sample of the inspection and maintenance plans of operators that have utilized alternative methods of maintaining rights-of-way under section 60108(a)(4) of title 49, United States Code, to determine— whether reduced mowing has limited the ability of pipeline operators to assess risks to pipeline facilities; with respect to any incidents that have occurred on the relevant pipeline facilities, whether reduced mowing hindered— the ability of operators to identify a risk that was related to the incident; or the ability for operators and emergency responders to respond to an incident; and whether the alternative methods of maintaining rights-of-way have impacted pipeline safety. Section 60108(e) of title 49, United States Code, is amended, in the subsection heading, by striking and inserting In general . Post-inspection briefing and preliminary findings