§ 6104. — Compliance with minimum standards.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC6104]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS
Sec. 6104. Compliance with minimum standards
(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--
(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.
(Added Pub. L. 105-178, title VII, Sec. 7302(a), June 9, 1998, 112 Stat.
479; amended Pub. L. 107-355, Sec. 2(b), Dec. 17, 2002, 116 Stat. 2985.)
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.
Section Referred to in Other Sections
This section is referred to in sections 6106, 6107 of this title.
