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LegalText 49 U.S.C. § 6103 Minimum standards for State one-call notification programs us united_states_code code_section 49 TRANSPORTATION 61 ONE-CALL NOTIFICATION PROGRAMS 6103 49 U.S.C. § 6103 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc49@119-100.zip /us/usc/t49/s6103 data/legal/raw/us/code/title-49/usc49.xml 61d802bc1222f72ebe6ff3faf27eb4a51b8e8d648fbb499a7bb07433c76fbf04 0786acdd244d8f42c5a8e8ed1ec2a8dcb47dd0e02a286752710a20745702a4fb fc7854596058250dae0df76a70fdc9a5e58faaa275fa12e25d00f1c2843802cf 2026-07-04 official
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49 U.S.C. § 6103 - Minimum standards for State one-call notification programs

Text

(a) Minimum Standards.— (1) In general.— In order to qualify for a grant under section 6106, a State one-call notification program, at a minimum, shall provide for—

(A) appropriate participation by all underground facility operators, including all government operators;

(B) appropriate participation by all excavators, including all government and contract excavators; and

(C) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.

(2) Exemptions prohibited.— In order to qualify for a grant under section 6106, a State one-call notification program may not exempt municipalities, State agencies, or their contractors from the one-call notification system requirements of the program.

(b) Appropriate Participation.— In determining the appropriate extent of participation required for types of underground facilities or excavators under subsection (a), a State shall assess, rank, and take into consideration the risks to the public safety, the environment, excavators, and vital public services associated with—

(1) damage to types of underground facilities; and

(2) activities of types of excavators.

(c) Implementation.— A State one-call notification program also shall, at a minimum, provide for and document—

(1) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions;

(2) a reasonable relationship between the benefits of one-call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and

(3) voluntary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment.

(d) Penalties.— To the extent the State determines appropriate and necessary to achieve the purposes of this chapter, a State one-call notification program shall, at a minimum, provide for—

(1) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program;

(2) increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system;

(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator;

(4) equitable relief; and

(5) citation of violations.

(Added Pub. L. 105178, title VII, § 7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107355, § 2(a), Dec. 17, 2002, 116 Stat. 2985; Pub. L. 11290, § 3(a), Jan. 3, 2012, 125 Stat. 1906.)

Notes

Editorial Notes

Amendments2012—Subsec. (a). Pub. L. 11290, § 3(a), amended subsec. (a) generally. Prior to amendment, text read as follows: “In order to qualify for a grant under section 6106, a State one-call notification program shall, at a minimum, provide for— “(1) appropriate participation by all underground facility operators, including all government operators; “(2) appropriate participation by all excavators, including all government and contract excavators; and “(3) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems.” 2002—Subsec. (a)(1). Pub. L. 107355, § 2(a)(1)(A), inserted “, including all government operators” before semicolon at end. Subsec. (a)(2). Pub. L. 107355, § 2(a)(1)(B), inserted “, including all government and contract excavators” before semicolon. Subsec. (c). Pub. L. 107355, § 2(a)(2), substituted “provide for and document” for “provide for” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 AmendmentPub. L. 11290, § 3(c), Jan. 3, 2012, 125 Stat. 1906, provided that: “The amendments made by this section [amending this section and section 60134 of this title] shall take effect 2 years after the date of enactment of this Act [Jan. 3, 2012].”