49 U.S.C. § 6104 — Compliance with minimum standards
submitted 28 years ago by Pub. L. 105-178 to r/title-49-TRANSPORTATION · 464 words · no verdicts yet
A State seeking a grant must apply and show that its one-call notification program meets minimum standards or provides equivalent protection through an alternative program. The Secretary must review applications and report on State programs.
(a) To qualify for a section 6106 grant, each State* must submit the subsection (b) application within 2 years after this chapter’s enactment. (b)(1) On application, the Secretary* must review the State program, including implementation, compliance, and enforcement. (2) The Secretary must decide whether it meets section 6103 minimum standards. (3) To speed compliance, the Secretary may consult about an existing program, a modification, or a proposed program. (4) The Secretary must prescribe the application’s form and filing method, requiring enough information to evaluate overall effectiveness, including possible participation exceptions, enforcement, and other needed information. (5) The application and Secretary’s action record must be public. (c) A State qualifies if it maintains an alternative program protecting public safety, excavators, and the environment at least as well as a section 6103-compliant program. (d) Reports under section 60124 must describe each State’s adoption and implementation of Federal standards or alternative program; analyze each program and system’s effectiveness; analyze how participation decisions affect underground-facility damage prevention; identify needed improvements; and include appropriate recommendations. No further report is required if the Secretary finds the chapter’s purposes substantially achieved.
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.
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.
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.
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).
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.
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.
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.
The Secretary shall include the following information in reports submitted under section 60124 of this title—
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);
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;
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
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.
Source credit: (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.)
- 1998Enacted · Pub. L. 105-178 · 112 Stat. 479
- 2002Amended · Pub. L. 107-355 · 116 Stat. 2985
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-178 on 1998-06-09.
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