116 STAT. 2996 PUBLIC LAW 107-355—DEC. 17, 2002 (2) by adding the end the following: "(2) ACTIONS ATTRIBUTABLE TO AN EMPLOYEE. — If, in the case of a corrective action order issued following an accident, the Secretary determines that the actions of an employee carrying out an activity regulated under this chapter, including duties under section 6010^(a), may have contributed substantially to the cause of the accident, the Secretary shall direct the operator to relieve the employee from performing those activities, reassign the employee, or place the employee on leave until the earlier of the date on which— "(A) the Secretary, after notice and an opportunity for a hearing, determines that the employee's actions did not contribute substantially to the cause of the accident; or "(B) the Secretary determines the employee has been re-qualified or re-trained as provided for in section 60131 and can safely perform those activities. " (3) EFFECT OF COLLECTIVE BARGAINING AGREEMENTS. —An action taken by an operator under paragraph (2) shall be in accordance with the terms and conditions of any applicable collective bargaining agreement."; and (3) by aligning the remainder of the text of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection), (c) LIMITATION ON STATUTORY CONSTRUCTION.— Section 60118 is amended by adding at the end the following: "(f) LIMITATION ON STATUTORY CONSTRUCTION. —Nothing in this section may be construed to infringe upon the constitutional rights of an operator or its employees.". SEC. 11. POPULATION ENCROACHMENT AND RIGHTS-OF-WAY. (a) IN GENERAL. —Section 60127 is amended to read as follows:
- § 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:
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