49 U.S.C. § 6104 : US Code - Section 6104: Compliance with minimum standards

Search 49 U.S.C. § 6104 : US Code - Section 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.