49 U.S.C. § 6107 — Funding

Page 396 TITLE 49—TRANSPORTATION § 6105 retary 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 pro- vided 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— (1) a description of the extent to which each State has adopted and implemented the min- imum Federal standards under section 6103 or maintains an alternative program under sub- section (c); (2) an analysis by the Secretary of the over- all effectiveness of each State’s one-call noti- fication 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 recommenda- tions 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 re- quired. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107–355, § 2(b), Dec. 17, 2002, 116 Stat. 2985.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998. AMENDMENTS 2002—Subsec. (d). Pub. L. 107–355 substituted ‘‘The Secretary shall’’ for ‘‘Within 3 years after the date of the enactment of this chapter, the Secretary shall begin to’’ in introductory provisions. § 6105. Implementation of best practices guide- lines (a) ADOPTION OF BEST PRACTICES.—The Sec- retary of Transportation shall encourage States, operators of one-call notification programs, ex- cavators (including all government and contract excavators), and underground facility operators to adopt and implement practices identified in the best practices report entitled ‘‘Common Ground’’, as periodically updated. (b) TECHNICAL ASSISTANCE.—The Secretary shall provide technical assistance to and partici- pate in programs sponsored by a non-profit orga- nization specifically established for the purpose of reducing construction-related damage to un- derground facilities. (c) GRANTS.— (1) IN GENERAL.—The Secretary may make grants to a non-profit organization described in subsection (b). (2) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized under section 6107, there is authorized to be appropriated for making grants under this subsection $500,000 for each of fiscal years 2003 through 2006. Such sums shall remain available until expended. (3) GENERAL REVENUE FUNDING.—Any sums appropriated under this subsection shall be de- rived from general revenues and may not be derived from amounts collected under section 60301. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 480; amended Pub. L. 107–355, § 2(c)(1), Dec. 17, 2002, 116 Stat. 2985.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–355 amended section generally. Prior to amendment, section related to study of existing one- call systems, purpose and considerations of study, re- port by Secretary within one year of June 9, 1998, and discretion of Secretary as to whether to carry out study. § 6106. Grants to States (a) IN GENERAL.—The Secretary may make a grant of financial assistance to a State that qualifies under section 6104(b) to assist in im- proving— (1) the overall quality and effectiveness of one-call notification systems in the State; (2) communications systems linking one-call notification systems; (3) location capabilities, including training personnel and developing and using location technology; (4) record retention and recording capabili- ties for one-call notification systems; (5) public information and education; (6) participation in one-call notification sys- tems; or (7) compliance and enforcement under the State one-call notification program. (b) STATE ACTION TAKEN INTO ACCOUNT.—In making grants under this section, the Secretary shall take into consideration the commitment of each State to improving its State one-call no- tification program, including legislative and regulatory actions taken by the State after the date of enactment of this chapter. (c) FUNDING FOR ONE-CALL NOTIFICATION SYS- TEMS.—A State may provide funds received under this section directly to any one-call noti- fication system in such State that substantially adopts the best practices identified under sec- tion 6105. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 482.) Editorial Notes REFERENCES IN TEXT The date of enactment of this chapter, referred to in subsec. (b), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998. § 6107. Funding Of the amounts made available under section 60125(a)(1), the Secretary shall expend $1,058,000 Page 397 TITLE 49—TRANSPORTATION § 6302 for each of fiscal years 2021 through 2023 to carry out section 6106. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 482; amended Pub. L. 107–355, § 2(d), Dec. 17, 2002, 116 Stat. 2986; Pub. L. 109–468, § 18(d), Dec. 29, 2006, 120 Stat. 3498; Pub. L. 112–90, § 32(c), Jan. 3, 2012, 125 Stat. 1922; Pub. L. 114–183, § 2(c)(1), June 22, 2016, 130 Stat. 516; Pub. L. 116–260, div. R, title I, § 101(c), Dec. 27, 2020, 134 Stat. 2213.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 substituted ‘‘$1,058,000 for each of fiscal years 2021 through 2023’’ for ‘‘$1,058,000 for each of fiscal years 2016 through 2019’’. 2016—Pub. L. 114–183 amended section generally. Prior to amendment, text read as follows: ‘‘(a) FOR GRANTS TO STATES.—There are authorized to be appropriated to the Secretary to provide grants to States under section 6106 $1,000,000 for each of fiscal years 2012 through 2015. Such funds shall remain avail- able until expended. ‘‘(b) FOR ADMINISTRATION.—There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out sections 6103, 6104, and 6105 for fiscal years 2012 through 2015.’’ 2012—Subsecs. (a), (b). Pub. L. 112–90, § 32(c)(1), (2), substituted ‘‘2012 through 2015.’’ for ‘‘2007 through 2010.’’ Subsec. (c). Pub. L. 112–90, § 32(c)(3), struck out sub- sec. (c). Text read as follows: ‘‘Any sums appropriated under this section shall be derived from general reve- nues and may not be derived from amounts collected under section 60301 of this title.’’ 2006—Subsecs. (a), (b). Pub. L. 109–468 substituted ‘‘fiscal years 2007 through 2010’’ for ‘‘fiscal years 2003 through 2006’’. 2002—Subsec. (a). Pub. L. 107–355, § 2(d)(1), substituted ‘‘$1,000,000 for each of fiscal years 2003 through 2006’’ for ‘‘$1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001’’ in first sentence. Subsec. (b). Pub. L. 107–355, § 2(d)(2), substituted ‘‘for fiscal years 2003 through 2006’’ for ‘‘for fiscal years 1999, 2000, and 2001’’. § 6108. Relationship to State laws Nothing in this chapter preempts State law or shall impose a new requirement on any State or mandate revisions to a one-call system. (Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 482.) § 6109. Public education and awareness (a) GRANT AUTHORITY.—The Secretary shall make a grant to an appropriate entity for pro- moting public education and awareness with re- spect to the 811 national excavation damage pre- vention phone number. (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Sec- retary $1,000,000 for the period beginning October 1, 2006, and ending September 30, 2008, to carry out this section. (Added Pub. L. 109–468, § 3(a), Dec. 29, 2006, 120 Stat. 3489.) CHAPTER 63—BUREAU OF TRANSPORTATION STATISTICS Sec. 6301. Definitions. Sec. 6302. Bureau of Transportation Statistics. 6303. Intermodal transportation database. 6304. National Transportation Library. 6305. Advisory council on transportation statistics. 6306. Transportation statistical collection, anal- ysis, and dissemination. 6307. Furnishing of information, data, or reports by Federal agencies. 6308. Proceeds of data product sales. 6309. National transportation atlas database. 6310. Limitations on statutory construction. 6311. Research and development grants. 6312. Transportation statistics annual report. 6313. Mandatory response authority for freight data collection. 6314. Port performance freight statistics program. Editorial Notes AMENDMENTS 2015—Pub. L. 114–94, div. A, title VI, § 6018(c), Dec. 4, 2015, 129 Stat. 1577, added item 6314. § 6301. Definitions In this chapter, the following definitions apply: (1) BUREAU.—The term ‘‘Bureau’’ means the Bureau of Transportation Statistics estab- lished by section 6302(a). (2) DEPARTMENT.—The term ‘‘Department’’ means the Department of Transportation. (3) DIRECTOR.—The term ‘‘Director’’ means the Director of the Bureau. (4) LIBRARY.—The term ‘‘Library’’ means the National Transportation Library established by section 6304(a). (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. (Added Pub. L. 112–141, div. E, title II, § 52011(a), July 6, 2012, 126 Stat. 887.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. CONSTRUCTION Pub. L. 112–141, div. E, title II, § 52011(b), July 6, 2012, 126 Stat. 895, provided that: ‘‘If the provisions of section 111 of title 49, United States Code, are transferred to chapter 63 of that title, the following rules of construc- tion apply: ‘‘(1) For purposes of determining whether 1 provi- sion of law supersedes another based on enactment later in time, a chapter 63 provision is deemed to have been enacted on the date of enactment of the corresponding section 111 provision [section 111 of this title was enacted Dec. 18, 1991]. ‘‘(2) A reference to a section 111 provision, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding chapter 63 pro- vision. ‘‘(3) A regulation, order, or other administrative ac- tion in effect under a section 111 provision continues in effect under the corresponding chapter 63 provi- sion. ‘‘(4) An action taken or an offense committed under a section 111 provision is deemed to have been taken or committed under the corresponding chapter 63 pro- vision.’’ § 6302. Bureau of Transportation Statistics (a) IN GENERAL.—There shall be within the De- partment of Transportation the Bureau of Transportation Statistics.