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49 U.S.C. § 6104 — Compliance with minimum standards
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** In order to qualify for a grant under section 6106, each State shall submit to the Secretary a grant application under subsection (b). The State shall submit the application not later than 2 years after the date of enactment of this chapter.
**(b) Application.—**
(1) Upon application by a State, the Secretary shall review that State’s one-call notification program, including the provisions for the implementation of the program and the record of compliance and enforcement under the program.
(2) Based on the review under paragraph (1), the Secretary shall determine whether the State’s one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106.
(3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2).
(4) The Secretary shall prescribe the form and manner of filing an application under this section that shall provide sufficient information about a State’s one-call notification program for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the Secretary deems necessary.
(5) The application of a State under paragraph (1) and the record of actions of the Secretary under this section shall be available to the public.
**(c) Alternative Program.—** A State is eligible to receive a grant under section 6106 if the State maintains an alternative one-call notification program that
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Source location: Title 49, Chapter 61, § 6104; chapter-061-one-call-notification-programs.md
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**(a) Requirement.—** In order to qualify for a grant under section 6106, each State shall submit to the Secretary a grant application under subsection (b). The State shall submit the application not later than 2 years after the date of enactment of this chapter.
**(b) Application.—**
(1) Upon application by a State, the Secretary shall review that State’s one-call notification program, including the provisions for the implementation of the program and the record of compliance and enforcement under the program.
(2) Based on the review under paragraph (1), the Secretary shall determine whether the State’s one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106.
(3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2).
(4) The Secretary shall prescribe the form and manner of filing an application under this section that shall provide sufficient information about a State’s one-call notification program for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the Secretary deems necessary.
(5) The application of a State under paragraph (1) and the record of actions of the Secretary under this section shall be available to the public.
**(c) Alternative Program.—** A State is eligible to receive a grant under section 6106 if the State maintains an alternative one-call notification program that provides protection for public safety, excavators, and the environment that is equivalent to, or greater than, protection provided under a program that meets the minimum standards set forth in section 6103.
**(d) Report.—** The Secretary shall include the following information in reports submitted under [section 60124 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60124&num=0&edition=prelim)—
(1) a description of the extent to which each State has adopted and implemented the minimum Federal standards under section 6103 or maintains an alternative program under subsection (c);
(2) an analysis by the Secretary of the overall effectiveness of each State’s one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter;
(3) the impact of each State’s decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and
(4) areas where improvements are needed in one-call notification systems in operation in each State.
The report shall also include any recommendations the Secretary determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be required.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission and Contents.—** Not later than August 15, 1997, and every 2 years thereafter, the Secretary of Transportation shall submit to Congress a report on carrying out this chapter for the 2 immediately preceding calendar years for gas and a report on carrying out this chapter for such period for hazardous liquid. Each report shall include the following information about the prior year for gas or hazardous liquid, as appropriate:
(1) a thorough compilation of the leak repairs, accidents, and casualties and a statement of cause when investigated and established by the National Transportation Safety Board.
(2) a list of applicable pipeline safety standards prescribed under this chapter including identification of standards prescribed during the year.
(3) a summary of the reasons for each waiver granted under section 60118(c) and (d) of this title.
(4) an evaluation of the degree of compliance with applicable safety standards, including a list of enforcement actions and compromises of alleged violations by location and company name.
(5) a summary of outstanding problems in carrying out this chapter, in order of priority.
(6) an analysis and evaluation of—
(A) research activities, including their policy implications, completed as a result of the United States Government and private sponsorship;
(B) technological progress in safety achieved; and
(C) a summary of each research and development project carried out with Federal and non-Federal entities pursuant to section 12 of the Pipeline Safety Improvement Act of 2002 and a review of how the project affects safety.
(7) a list, with a brief statement of the issues, of completed or pending judicial actions under this chapter.
(8) the extent to which technical information was distributed to the scienti
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Federal law — U.S. Code and appendices · legal_authorities
Page 395
TITLE 49—TRANSPORTATION
§ 6104
(A) appropriate participation by all under-
ground facility operators, including all gov-
ernment operators;
(B) appropriate participation by all exca-
vators, including all government and con-
tract excavators; and
(C) flexible and effective enforcement
under State law with respect to participa-
tion in, and use of, one-call notification sys-
tems.
(2) EXEMPTIONS
PROHIBITED.—In order to
qualify for a grant under section 6106, a State
one-call notification program may not exempt
municipalities, State agencies, or their con-
tractors from the one-call notification system
requirements of the program.
(b) APPROPRIATE
PARTICIPATION.—In deter-
mining the appropriate extent of participation
required for types of underground facilities or
excavators under subsection (a), a State shall
assess, rank, and take into consideration the
risks to the public safety, the environment, ex-
cavators, and vital public services associated
with—
(1) damage to types of underground facili-
ties; and
(2) activities of types of excavators.
(c) IMPLEMENTATION.—A State one-call notifi-
cation program also shall, at a minimum, pro-
vide for and document—
(1) consideration of the ranking of risks
under subsection (b) in the enforcement of its
provisions;
(2) a reasonable relationship between the
benefits of one-call notification and the cost of
implementing and complying with the require-
ments of the State one-call notification pro-
gram; and
(3) voluntary participation where the State
determines that a type of underground facility
or an activity of a type of excavator poses a de
minimis risk to public safety or the environ-
ment.
(d) PENALTIES.—To the extent the State deter-
mines appropriate and necessary to achieve the
purposes of thi
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