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49 U.S.C. § 60107 — State pipeline safety grants

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60107 — State pipeline safety grants

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Source file: Laws/federal/codes/united-states-code/title-49/section-60107-state-pipeline-safety-grants--bad07729c5.md
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Source location: Title 49, Chapter 601, § 60107; chapter-601-safety.md

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**(a) General Authority.—** If a State authority files an application not later than September 30 of a calendar year, the Secretary of Transportation shall pay not more than 80 percent of the cost of the personnel, equipment, and activities the authority reasonably requires during the next calendar year— (1) to carry out a safety program under a certification under [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim) or an agreement under [section 60106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60106&num=0&edition=prelim); or (2) to act as an agent of the Secretary on interstate gas pipeline facilities or interstate hazardous liquid pipeline facilities. **(b) Payments.—** After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program, except when the Secretary waives this requirement. **(c) Apportionment and Method of Payment.—** The Secretary shall apportion the amount appropriated to carry out this section among the States. A payment may be made under this section in installments, in advance, or on a reimbursable basis. **(d) Additional Authority and Considerations.—** (1) The Secretary may prescribe— (A) the form of, and way of filing, an application under this section; (B) reporting and fiscal procedures the Secretary considers necessary to ensure the proper accounting of money of the Government; and (C) qualifications for a State to meet to receive a payment under this section, including qualifications for State employees who perform inspection activities under section 60105 or 60106 of this title. (2) The qualifications prescribed under paragraph (1)(C) of this subsection may— (A) consider the experience and training of the employee; (B) order training or other requirements; and (C) provide for approval of qualifications on a conditional basis until specified requirements are met. **(e) Repurposing of Funds.—** If a State program’s certification is rejected under section 60105(f) or such program is otherwise suspended or interrupted, the Secretary may use any undistributed, deobligated, or recovered funds authorized under this section to carry out pipeline safety activities for that State within the period of availability for such funds.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60105 — State pipeline safety program certifications

**(a) General Requirements and Submission.—** Except as provided in this section and sections 60114 and 60121 of this title, the Secretary of Transportation may not prescribe or enforce safety standards and practices for an intrastate pipeline facility or intrastate pipeline transportation to the extent that the safety standards and practices are regulated by a State authority (including a municipality if the standards and practices apply to intrastate gas pipeline transportation) that submits to the Secretary annually a certification for the facilities and transportation that complies with subsections (b) and (c) of this section. **(b) Contents.—** Each certification submitted under subsection (a) of this section shall state that the State authority— (1) has regulatory jurisdiction over the standards and practices to which the certification applies; (2) has adopted, by the date of certification, each applicable standard prescribed under this chapter or, if a standard under this chapter was prescribed not later than 120 days before certification, is taking steps to adopt that standard; (3) is enforcing each adopted standard through ways that include inspections conducted by State employees meeting the qualifications the Secretary prescribes under [section 60107(d)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60107/d/1/C&num=0&edition=prelim); (4) is encouraging and promoting the establishment of a program designed to prevent damage by demolition, excavation, tunneling, or construction activity to the pipeline facilities to which the certification applies that subjects persons who violate the applicable requirements of that program to civil penalties and other enforcement actions that are substantially the same as

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60105

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60106 — State pipeline safety agreements

**(a) Agreements Without Certification.—** If the Secretary of Transportation does not receive a certification under [section 60105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60105&num=0&edition=prelim), the Secretary may make an agreement with a State authority (including a municipality if the agreement applies to intrastate gas pipeline transportation) authorizing it to take necessary action. Each agreement shall— (1) establish an adequate program for record maintenance, reporting, and inspection designed to assist compliance with applicable safety standards prescribed under this chapter; and (2) prescribe procedures for approval of plans of inspection and maintenance substantially the same as required under section 60108 (a) and (b) of this title. **(b) Agreements With Certification.—** (1) **In general.—** — If the Secretary accepts a certification under section 60105 and makes the determination required under this subsection, the Secretary may make an agreement with a State authority authorizing it to participate in the oversight of interstate pipeline transportation. Each such agreement shall include a plan for the State authority to participate in special investigations involving incidents or new construction and allow the State authority to participate in other activities overseeing interstate pipeline transportation or to assume additional inspection or investigatory duties. Nothing in this section modifies section 60104(c) or authorizes the Secretary to delegate the enforcement of safety standards for interstate pipeline facilities prescribed under this chapter to a State authority. (2) **Determinations required.—** — The Secretary may not enter into an agreement under this subsection, unless the Secretary d

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60106

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60114 — One-call notification systems

**(a) Minimum Requirements.—** The Secretary of Transportation shall prescribe regulations providing minimum requirements for establishing and operating a one-call notification system for a State to adopt that will notify an operator of a pipeline facility of activity in the vicinity of the facility that could threaten the safety of the facility. The regulations shall include the following: (1) a requirement that the system apply to all areas of the State containing underground pipeline facilities. (2) a requirement that a person, including a government employee or contractor, intending to engage in an activity the Secretary decides could cause physical damage to an underground facility must contact the appropriate system to establish if there are underground facilities present in the area of the intended activity. (3) a requirement that all operators of underground pipeline facilities participate in an appropriate one-call notification system. (4) qualifications for an operator of a facility, a private contractor, or a State or local authority to operate a system. (5) procedures for advertisement and notice of the availability of a system. (6) a requirement about the information to be provided by a person contacting the system under clause (2) of this subsection. (7) a requirement for the response of the operator of the system and of the facility after they are contacted by an individual under this subsection. (8) a requirement that each State decide whether the system will be toll free. (9) a requirement for sanctions substantially the same as provided under sections 60120 and 60122 of this title. **(b) Marking Facilities.—** On notification by an operator of a damage prevention program or by a person planning to carry out demolition, excavation, tunneling,

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60114

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60125 — Authorization of appropriations

**(a) Gas and Hazardous Liquid.—** (1) **In general.—** — From fees collected under section 60301, there are authorized to be appropriated to the Secretary to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ([49 U.S.C. 60101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60101&num=0&edition=prelim) note; Public Law 107–355) and the provisions of this chapter relating to gas and hazardous liquid— (A) $156,400,000 for fiscal year 2021, of which— (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ([49 U.S.C. 60101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60101&num=0&edition=prelim) note; Public Law 107–355); and (ii) $63,000,000 shall be used for making grants; (B) $158,500,000 for fiscal year 2022, of which— (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ([49 U.S.C. 60101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60101&num=0&edition=prelim) note; Public Law 107–355); and (ii) $66,000,000 shall be used for making grants; and (C) $162,700,000 for fiscal year 2023, of which— (i) $9,000,000 shall be used to carry out section 12 of the Pipeline Safety Improvement Act of 2002 ([49 U.S.C. 60101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section60101&num=0&edition=prelim) note; Public Law 107–355); and (ii) $69,000,000 shall be used for making grants. (2) **Trust fund amounts.—** — In addition to the amounts authorized to be appropriated under paragraph (1), there are authorized to be appropriated from the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Cod

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 60125

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 60107 — State pipeline safety grants

Page 1756 TITLE 49—TRANSPORTATION § 60107 2002—Subsec. (a). Pub. L. 107–355, § 4(a)(1), substituted ‘‘AGREEMENTS WITHOUT CERTIFICATION’’ for ‘‘GENERAL AUTHORITY’’ in heading. Subsec. (b). Pub. L. 107–355, § 4(a)(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 107–355, § 4(a)(2), (c), redesignated subsec. (b) as (c), designated existing provisions as par. (1), inserted par. heading, realigned margins, and added par. (2). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 107–355, § 4(a)(2), redesignated sub- sec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 107–355, § 4(a)(2), (b), redesignated subsec. (d) as (e), reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘The Secretary may end an agreement made under this section when the Secretary finds that the State authority has not complied with any provi- sion of the agreement. The Secretary shall give the au- thority notice and an opportunity for a hearing before ending an agreement. The finding and decision to end the agreement shall be published in the Federal Reg- ister and may not become effective for at least 15 days after the date of publication.’’ 1996—Pub. L. 104–304 substituted ‘‘State pipeline safe- ty agreements’’ for ‘‘State agreements’’ in section catchline. § 60107. State pipeline safety grants (a) GENERAL AUTHORITY.—If a State authority files an application not later than September 30 of a calendar year, the Secretary of Transpor- tation shall pay not more than 80 percent of the cost of the personnel, equipment, and activities the authority reasonably requires during the next calendar year— (1) to carry out a safety program under a certification under section 6010

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 60107

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