I
103D CONGRESS
2D SESSION
H. R. 5248
To require States to consider adopting mandatory, comprehensive, Statewide
one-call notification systems to protect natural gas and hazardous liquid
pipelines and all other underground facilities from being damaged by
any excavations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 1994
Mr. SHARP introduced the following bill; which was referred jointly to the
Committees on Energy and Commerce and Public Works and Transportation
A BILL
To require States to consider adopting mandatory, com-
prehensive, Statewide one-call notification systems to
protect natural gas and hazardous liquid pipelines and
all other underground facilities from being damaged by
any excavations, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—ONE-CALL
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Comprehensive One-
Call Notification Act of 1994’’.
SEC. 102. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) DAMAGE.—The term ‘‘damage’’ means any
impact or contact with an underground facility, its
appurtenances, or its protective coating, or weaken-
ing of the support for the facility or protective hous-
ing, which requires repair.
(2) 
EXCAVATION.—The 
term 
‘‘excavation’’
means any operation in which earth, rock, or other
material in the ground is moved, removed, or other-
wise displaced by means of any mechanized tools or
equipment, or any explosive, but shall not include—
(A) any generally accepted normal agricul-
tural practices and activities taken in support
thereof, as determined by each State, including
tilling of the soil for agricultural purposes to a
depth of 18 inches or less;
(B) generally accepted normal lawn and
garden activities, as determined by each State;
(C) the excavation of a gravesite in a cem-
etery; and
(D) routine railroad maintenance as long
as such maintenance would disturb the ground
to a depth of no more than 18 inches as meas-
ured from the surface of the ground and the
railroad has rules requiring underground facili-
ties other than its own to be buried 3 feet or
lower on its property or along its right-of-way.
When a facility operator believes that its under-
ground facility is not buried 3 feet or lower on rail-
road property or right-of-way, the facility operator
may request permission to enter the railroad prop-
erty or right-of-way for the purpose of assessing the
depth of such underground facility and report its
finding to the railroad.
(3) EXCAVATOR.—The term ‘‘excavator’’ means
a person who conducts excavation.
(4) FACILITY OPERATOR.—The term ‘‘facility
operator’’ means any person who operates an under-
ground facility.
(5) HAZARDOUS LIQUID.—The term ‘‘hazard-
ous liquid’’ has the meaning given such term in sec-
tion 60101(a)(4) of title 49, United States Code.
(6) NATURAL GAS.—The term ‘‘natural gas’’
has the meaning given the term ‘‘gas’’ in section
60101(a)(2) of title 49, United States Code.
(7) PERSON.—The term ‘‘person’’ includes any
agency of Federal, State, or local government.
(8) ROUTINE
RAILROAD
MAINTENANCE.—The
term ‘‘routine railroad maintenance’’ includes such