§ 60107. — State pipeline safety grants.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC60107]
TITLE 49--TRANSPORTATION
SUBTITLE VIII--PIPELINES
CHAPTER 601--SAFETY
Sec. 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
Transportation shall pay not more than 50 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 or an agreement under section 60106 of
this title; 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 and that the total State amount spent for a safety program
(excluding grants of the United States Government) will at least equal
the average amount spent--
(1) for a gas safety program, for the fiscal years that ended
June 30, 1967, and June 30, 1968; and
(2) for a hazardous liquid safety program, for the fiscal years
that ended September 30, 1978, and September 30, 1979.
(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.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1311; Pub. L. 104-
304, Sec. 20(c), Oct. 12, 1996, 110 Stat. 3804.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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60107(a).............................. 49 App.:1674(d)(1) (1st Aug. 12, 1968, Pub. L. 90-481, Sec.
sentence). 5(d)(1), (3), (4), 82 Stat. 724; Aug.
22, 1972, Pub. L. 92-401, Sec. 2, 86
Stat. 616; Aug. 30, 1974, Pub. L. 93-
403, Sec. 2, 88 Stat. 802; Nov. 30,
1979, Pub. L. 96-129, Sec.
103(b)(2)(B), 93 Stat. 991.
49 App.:2004(d)(1) (1st Nov. 30, 1979, Pub. L. 96-129, Sec.
sentence). 205(d)(1), (3), (4), 93 Stat. 1008.
60107(b).............................. 49 App.:1674(d)(1) (2d, last
sentences).
49 App.:2004(d)(1) (2d, last
sentences).
60107(c).............................. 49 App.:1674(d)(2). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 5(d)(2); added Aug. 30,
1974, Pub. L. 93-403, Sec. 2, 88
Stat. 802; Nov. 30, 1979, Pub. L. 96-
129, Secs. 103(b)(2)(B), 109(h)(3),
93 Stat. 991, 996; Apr. 7, 1986, Pub.
L. 99-272, Sec. 7002(b)(1), 100 Stat.
139.
49 App.:1674(d)(3).
49 App.:2004(d)(2). Nov. 30, 1979, Pub. L. 96-129, Sec.
205(d)(2), 93 Stat. 1008; Apr. 7,
1986, Pub. L. 99-272, Sec.
7002(b)(2), 100 Stat. 139.
49 App.:2004(d)(3).
60107(d) (1)(A), (B).................. 49 App.:1674(d)(4).
49 App.:2004(d)(4).
60107(d) (1)(C), (2).................. 49 App.:1674(d)(5). Aug. 12, 1968, Pub. L. 90-481, 82 Stat.
720, Sec. 5(d)(5); added Oct. 31,
1988, Pub. L. 100-561, Sec. 104, 102
Stat. 2807.
49 App. 2004(d)(5). Nov. 30, 1979, Pub. L. 96-129, 93 Stat.
989, Sec. 205(d)(5); added Oct. 31,
1988, Pub. L. 100-561, Sec. 204, 102
Stat. 2811.
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In subsection (a), before clause (1), the words ``Except as
otherwise provided in this section'' and ``out of funds appropriated or
otherwise made available'' are omitted as surplus.
In subsection (b), before clause (1), the word ``payment'' is
substituted for ``funds'' for clarity. The words ``the total State
amount spent'' are substituted for ``the aggregate expenditures of funds
for the State'', and the words ``at least equal the average amount
spent'' are substituted for ``be maintained at a level which does not
fall below the average level of such expenditures'', to eliminate
unnecessary words. In clause (1), the words ``that ended June 30, 1967,
and June 30, 1968'' are substituted for ``last two . . . preceding
August 12, 1968'' for clarity. In clause (2), the words ``that ended
September 30, 1978, and September 30, 1979'' are substituted for ``last
two . . . preceding November 30, 1979'' for clarity.
In subsection (c), the words ``the Federal grants-in-aid provisions
of'', ``for payments to aid in the conduct of pipeline safety programs
in accordance with paragraph (1) of this subsection'', and ``with
necessary adjustments on account of overpayments and underpayments'' are
omitted as surplus.
In subsection (d)(1), before clause (A), the word ``prescribe'' is
substituted for ``by regulation, provide for'' and ``establish by
regulation'' for consistency in the revised title and with other titles
of the United States Code. In clause (C), the words ``to receive a
payment under this section'' are substituted for ``in order to
participate in the pipeline safety grant program under this
subsection'', and the words ``under section 60105 or 60106 of this
title'' are substituted for ``pursuant to either an annual certification
by a State agency or an agreement relating to inspection between a State
agency and the Secretary'', to eliminate unnecessary words.
In subsection (d)(2), before clause (A), the words ``qualifications
prescribed'' are substituted for ``regulations'' for clarity and
consistency.
Amendments
1996--Pub. L. 104-304 substituted ``State pipeline safety grants''
for ``State grants'' in section catchline.
Section Referred to in Other Sections
This section is referred to in sections 60105, 60125 of this title.
