§60134 — Title 49 Transportation | U.S. Code

Summary

The Secretary can give money to a State authority to help make its damage prevention program better. To get a grant, a State authority must have an annual certification under section 60105 or an agreement under section 60106, must already have (or be clearly close to having) an effective program that meets the rules below, and must not exempt cities, State agencies, or their contractors from one-call notice rules. The Secretary will look at how committed the State is, including any new laws or rules. If the State applies by September 30 and the Governor has named the authority to get the grant, the Secretary must review the program to see if it works. Grants cannot be used for lobbying or direct support of lawsuits. The grants are not limited by the usual funding-share rule in section 60107(a). The term “damage prevention process” uses ideas from sections 60114(b), 60114(d), and 60114(e). An effective damage prevention program must cover several areas, including clear communication and teamwork among operators, excavators, locators, designers, and government; review of locating work and quality checks; joint employee training; public education; a way to resolve disputes with the State acting as a partner; enforcement and civil penalties; use of improved locating and communication technology; and regular review and improvement of the program. Grant money can only pay for the staff, equipment, and activities the State needs during the grant year to run the program. Congress authorized $1,500,000 for each fiscal year 2021, 2022, and 2023, and those funds remain available until spent.

Title 49, §60134

Transportation — Source: USLM XML via OLRC

(a)The Secretary may make a grant to a State authority (including a municipality with respect to intrastate gas pipeline transportation) to assist in improving the overall quality and effectiveness of a damage prevention program of the State authority under subsection (e) if the State authority—

(1)has in effect an annual certification under section 60105 or an agreement under section 60106;

(2)(A)has in effect an effective damage prevention program that meets the requirements of subsection (b); or

(B)demonstrates that it has made substantial progress toward establishing such a program, and that such program will meet the requirements of subsection (b); and

(3)does not provide any exemptions to municipalities, State agencies, or their contractors from the one-call notification system requirements of the program.

(b)An effective damage prevention program includes the following elements:

(1)Participation by operators, excavators, and other stakeholders in the development and implementation of methods for establishing and maintaining effective communications between stakeholders from receipt of an excavation notification until successful completion of the excavation, as appropriate.

(2)A process for fostering and ensuring the support and partnership of stakeholders, including excavators, operators, locators, designers, and local government in all phases of the program.

(3)A process for reviewing the adequacy of a pipeline operator’s internal performance measures regarding persons performing locating services and quality assurance programs.

(4)Participation by operators, excavators, and other stakeholders in the development and implementation of effective employee training programs to ensure that operators, the one-call center, the enforcing agency, and the excavators have partnered to design and implement training for the employees of operators, excavators, and locators.

(5)A process for fostering and ensuring active participation by all stakeholders in public education for damage prevention activities.

(6)A process for resolving disputes that defines the State authority’s role as a partner and facilitator to resolve issues.

(7)Enforcement of State damage prevention laws and regulations for all aspects of the damage prevention process, including public education, and the use of civil penalties for violations assessable by the appropriate State authority.

(8)A process for fostering and promoting the use, by all appropriate stakeholders, of improving technologies that may enhance communications, underground pipeline locating capability, and gathering and analyzing information about the accuracy and effectiveness of locating programs.

(9)A process for review and analysis of the effectiveness of each program element, including a means for implementing improvements identified by such program reviews.

(c)In making grants under this section, the Secretary shall take into consideration the commitment of each State to ensuring the effectiveness of its damage prevention program, including legislative and regulatory actions taken by the State.

(d)If a State authority files an application for a grant under this section not later than September 30 of a calendar year and demonstrates that the Governor (or chief executive) of the State has designated it as the appropriate State authority to receive the grant, the Secretary shall review the State’s damage prevention program to determine its effectiveness.

(e)A grant under this section to a State authority may only be used to pay the cost of the personnel, equipment, and activities that the State authority reasonably requires for the calendar year covered by the grant to develop or carry out its damage prevention program in accordance with subsection (b).

(f)A grant made under this section is not subject to the section 60107(a) limitation on the maximum percentage of funds to be paid by the Secretary.

(g)Funds provided to carry out this section may not be used for lobbying or in direct support of litigation.

(h)In this section, the term “damage prevention process” means a process that incorporates the principles described in section 60114(b), 60114(d), and 60114(e).

(i)There is authorized to be appropriated to the Secretary to provide grants under this section $1,500,000 for each of fiscal years 2021 through 2023. Such funds shall remain available until expended.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2020—Subsec. (i). Pub. L. 116–260 substituted “fiscal years 2021 through 2023” for “fiscal years 2012 through 2015”. 2012—Subsec. (a)(3). Pub. L. 112–90, § 3(b), added par. (3). Subsec. (i). Pub. L. 112–90, § 32(d), added subsec. (i).

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by section 3(b) of Pub. L. 112–90 effective 2 years after Jan. 3, 2012, see section 3(c) of Pub. L. 112–90, set out as a note under section 6103 of this title.

§60134 State damage prevention programs