Union Calendar No. 415
103D CONGRESS
2D SESSION
H. R. 4394
[Report No. 103–765, Parts I and II]
A BILL
To provide for the establishment of mandatory
State-operated comprehensive one-call systems to
protect natural gas and hazardous liquid pipe-
lines and all other underground facilities from
being damaged by any excavations, and for other
purposes.
SEPTEMBER 30, 1994
Reported from the Committee on Public Works and
Transportation with amendments, committed to the
Committee of the Whole House on the State of the
Union, and ordered to be printed
IB
Union Calendar No. 415
103D CONGRESS
2D SESSION
H. R. 4394
[Report No. 103–765, Parts I and II]
To provide for the establishment of mandatory State-operated comprehensive
one-call systems to protect natural gas and hazardous liquid pipelines
and all other underground facilities from being damaged by any exca-
vations, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 11, 1994
Mr. PALLONE introduced the following bill; which was referred jointly to the
Committees on Public Works and Transportation and Energy and Commerce
SEPTEMBER 29, 1994
Reported from the Committee on Energy and Commerce with amendments
[Strike out all after the enacting clause and insert the part printed in italic]
SEPTEMBER 30, 1994
Additional sponsors: Mr. FRANKS
of New Jersey, Mr. BEVILL, Mr.
TORRICELLI, Mr. ANDREWS of New Jersey, Mr. KOPETSKI, Mr. INHOFE,
Mr. VENTO, and Ms. FURSE
SEPTEMBER 30, 1994
Reported from the Committee on Public Works and Transportation with
amendments, committed to the Committee of the Whole House on the
State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on May 11, 1994]
A BILL
To provide for the establishment of mandatory State-oper-
ated comprehensive one-call systems to protect natural
gas and hazardous liquid pipelines and all other under-
ground 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,
SEC. 2. DEFINITIONS.
For purposes of this Act, the term—
(1) ‘‘damage’’ means any impact or contact with
an underground facility, its appurtenances, or its
protective coating, or weakening of the support for the
facility or protective housing, which requires repair;
(2) ‘‘excavation’’ means any operation in which
earth, rock, or other material in the ground is moved,
removed, or otherwise displaced by means of any
mechanized tools or equipment, or any explosive, but
shall not include the tilling of soil for agricultural
purposes to a depth of 18 inches or less;
(3) ‘‘excavator’’ means a person who conducts ex-
cavation;
(4) ‘‘facility operator’’ means any person who
operates an underground facility;
(5) ‘‘hazardous liquid’’ has the meaning given
such term in section 60101(a)(4) of title 49, United
States Code;
(6) ‘‘natural gas’’ has the meaning given the
term ‘‘gas’’ in section 60101(a)(2) of title 49, United
States Code;
(7) ‘‘person’’ includes any agency of Federal,
State, or local government;
(8) ‘‘pipeline facilities’’—
(A) when used with respect to natural gas,
has the meaning given the term ‘‘gas pipeline fa-
cility’’ in section 60101(a)(3) of title 49, United
States Code; and
(B) when used with respect to hazardous
liquids, has the meaning given the term ‘‘hazard-
ous 
liquid 
pipeline 
facility’’ 
in 
section
60101(a)(5) of title 49, United States Code;
(9) ‘‘Secretary’’ means the Secretary of Trans-
portation;
(10) ‘‘State’’ has the meaning given such term in
section 60101(a)(20) of title 49, United States Code;
(11) ‘‘State program’’ means the program of a
State to comply with the provisions of this Act, in-
cluding a one-call notification system; and
(12) ‘‘underground facility’’ means any under-
ground pipeline facilities, or any underground line,
system, or structure used for gathering, storing, trans-
mitting, or distributing communication, electricity,
water, steam, sewerage, or any other commodities the
Secretary determines should be included under the re-
quirements of this Act, except that such term does not
include any such pipeline facility, line, system, or
structure if the person who owns or leases the real
property in which the pipeline facility, line, system,
or structure is located also operates the pipeline facil-
ity, line, system, or structure only for the purpose of
furnishing services or materials to itself.
SEC. 3. NATIONWIDE TOLL-FREE NUMBER SYSTEM.
Within 1 year after the date of enactment of this Act,
the Secretary shall, in consultation with the Federal Com-
munications Commission, facility operators, excavators,
and one-call notification system operators, provide for the
establishment of a nationwide toll-free telephone number
system to be used by one-call notification systems provided
for pursuant to this Act.
SEC. 4. STATE PROGRAMS.
(a) REQUIREMENT.—Each State shall, within 3 years
after the date of enactment of this Act, provide for a com-
prehensive statewide one-call notification program, includ-
ing a one-call notification system, in accordance with this
Act, to protect all underground facilities from damage due
to any excavation. A State program may be provided for
through the establishment of a new program, or through
modification or improvement of an existing program. A
State program may be implemented by a nongovernmental
organization.
(b) GRANTS TO STATES.—Using $4,000,000 of the
amounts previously collected under section 7005 of the Con-
solidated Omnibus Budget Reconciliation Act of 1985 (49
U.S.C. App. 1682a) for each of the fiscal years 1996, 1997,
and 1998, to the extent provided in advance in appropria-
tions Acts, the Secretary shall make grants to States or op-
erators of one-call notification systems for use in establish-
ing one-call notification systems, modifying existing sys-
tems to conform to standards established under this Act,
and improving systems to exceed such standards. Such
grants may be used to—
(1) improve communications systems linking
one-call notification systems;
(2) improve location capabilities, including
mapping, training personnel, geographical informa-
tion system development, and location technology de-
velopment and use;
(3) improve record retention and recording capa-
bilities;
(4) enhance public information and education
campaigns;
(5) increase and improve enforcement mecha-
nisms, including administrative processing of viola-
tions; and
(6) otherwise further the purposes of this Act.
(c) COMPLIANCE.—If a State fails to comply with the
requirements of this Act, the Secretary or any person ag-
grieved by such failure may in a civil action obtain appro-
priate relief against any appropriate officer or entity of the
State, including the State itself, to compel such compliance.
SEC. 5. REQUIRED ELEMENTS OF STATE PROGRAM.
(a) IN GENERAL.—Except as provided in subsection
(b), each State program provided for under section 4(a)
shall, at a minimum—
(1) provide for a one-call notification system or
systems which shall—
(A) apply to all excavators and to all facil-
ity operators;
(B) operate in all areas of the State and not
duplicate the geographical coverage of other one-
call notification systems;
(C) receive and record appropriate informa-
tion from excavators about intended excavations;
(D) inform facility operators of any in-
tended excavations that may be in the vicinity of
their underground facilities; and
(E) inform excavators of the identity of fa-
cility operators who will be notified of the in-
tended excavation;
(2) provide for 24-hour coverage for emergency
excavation, with the manner and scope of coverage de-
termined by the State;
(3) employ mechanisms to ensure that the gen-
eral public, and in particular all excavators, are
aware of the one-call telephone number and the re-
quirements, penalties, and benefits of the State pro-
gram relating to excavations;
(4) inform excavators of any procedures that the
State has determined must be followed when excavat-
ing;
(5) require that any excavator must contact the
one-call notification system in accordance with State
specifications, which may vary depending on whether
the excavation is short term, long term, routine, con-
tinuous, or emergency;
(6) require facility operators to provide for locat-
ing and marking or otherwise identifying their facili-
ties at an excavation site, in accordance with State
specifications, which may vary depending on whether
the excavation is short term, long term, routine, con-
tinuous, or emergency;
(7) provide effective mechanisms for penalties
and enforcement as described in section 6;
(8) provide for a fair and appropriate schedule
of fees to cover the costs of providing for, maintain-
ing, and operating the State program; and
(9) provide an opportunity for citizen suits to
enforce the requirements of section 4(a).
(b) EXCEPTION.—Where excavation is undertaken by
or for a person, on real property owned or leased by that
person, and the same person operates all underground fa-
cilities located at the site of the excavation, a State program
need not require that such person contact the one-call notifi-
cation system before excavating.
SEC. 6. PENALTIES AND ENFORCEMENT.
(a) GENERAL PENALTIES.—Each State program pro-
vided for under section 4(a) shall provide that any exca-
vator or facility operator who violates the requirements of
the State program shall be liable for an appropriate admin-
istrative or civil penalty.
(b) INCREASED PENALTIES.—If a violation results in
damage to an underground facility resulting in death, seri-
ous bodily harm, or actual damage to property exceeding
$50,000, or damage to a hazardous liquid underground fa-
cility resulting in the release of more than 50 barrels of
product, the penalties shall be increased, and an additional
penalty of imprisonment may be assessed for a willful viola-
tion.
(c) DECREASED PENALTIES.—A State program shall
provide for reduced penalties for a violation, that results
in or could result in damage, that is promptly reported by
the violator.
(d) EQUITABLE RELIEF AND MANDAMUS ACTIONS.—
Each State program shall provide for appropriate equitable
relief and mandamus actions.
(e) IMMEDIATE CITATION OF VIOLATIONS.—A State
program may include procedures for issuing a citation of
violation at the site and time of the violation.
SEC. 7. DEPARTMENT OF TRANSPORTATION.
(a) COORDINATION
WITH
OTHER
RESPONSIBIL-
ITIES.—
(1) COORDINATION.—The Secretary shall coordi-
nate the implementation of this Act with the imple-
mentation of the Natural Gas Pipeline Safety Act of
1968 and the Hazardous Liquid Pipeline Safety Act
of 1979.
(2) REVIEW OF PROGRAMS.—Within 18 months
after the date of enactment of this Act, the Secretary
shall review, and report to Congress on, the extent to
which any policies, programs, and procedures of the
Department of Transportation could be used to
achieve the purposes of this Act.
(b) MODEL PROGRAM.—
(1) DEVELOPMENT.—Within 1 year after the
date of enactment of this Act, the Secretary, in con-
sultation with facility operators, excavators, one-call
notification system operators, and State and local
governments, shall develop and make available to
States a model State program, including a model en-
forcement program. Such model program may be
amended by the Secretary on the Secretary’s initia-
tive or in response to reports submitted by the States
pursuant to section 9, or as a result of workshops con-
ducted under paragraph (3) of this subsection.
(2) SUGGESTED
ELEMENTS.—The model pro-
gram developed under paragraph (1) shall meet all
the requirements of this Act. The Secretary shall con-
sider incorporating the following elements into the
model program:
(A) The one-call notification system or sys-
tems shall—
(i) receive and record appropriate in-
formation from excavators about intended
excavations, including—
(I) the name of the person con-
tacting the one-call notification system;
(II) the name, address, and tele-
phone number of the excavator;
(III) the specific location of the
intended excavation, along with the
starting date thereof and a description
of the intended excavation activity;
and
(IV) the name, address, and tele-
phone number of the person for whom
the work is being performed; and
(ii) maintain records on each notice of
intent to excavate for the period of time nec-
essary to ensure that such records remain
available for use in the adjudication of any
claims relating to the excavation.
(B) The provision of information on exca-
vation requirements at the time of issuance of ex-
cavation or building permits, or other specific
mechanisms for ensuring excavator awareness.
(C) A requirement that any excavator must
contact the one-call notification system at least
2 business days, and not more than 10 business
days, before excavation begins.
(D) Alternative notification procedures for
excavation activities conducted as a normal part
of ongoing operations within specific geographic
locations over an extended period of time.
(E) A requirement that facility operators—
(i) provide for locating and marking,
in accordance with the American Public
Works Association Uniform Color Code for
Utilities, or otherwise identifying, in ac-
cordance with standards established by the
State, their underground facilities at the
site of an intended excavation within no
more than 2 business days after notification
of such intended excavation; and
(ii) monitor such excavation as appro-
priate.
(F) Provision for notification of excavators
if no underground facilities are located at the ex-
cavation site.
(G) Provision for the approval of a State
program under this Act with time limitations
longer than those required under subparagraphs
(C) and (E) of this paragraph where special cir-
cumstances, such as severe weather conditions or
remoteness of location, pertain.
(H) Procedures for excavators and facility
operators to follow when the location of under-
ground facilities is unknown.
(I) Procedures to improve underground fa-
cility location capabilities, including compiling
and notifying excavators, facility operators, and
one-call centers of any information about pre-
viously unknown underground facility locations
when such information is discovered.
(J) Alternative rules for timely compliance
with State program requirements in emergency
circumstances.
(K) If a State has procedures for licensing
or permitting entities to do business, procedures
for the revocation of the license or permit to do
business of any excavator determined to be a ha-
bitual violator of the requirements of the State
program.
(3) WORKSHOPS.—Within 6 months after the
date of enactment of this Act, and annually there-
after, the Secretary shall conduct workshops with fa-
cility operators, excavators, one-call notification sys-
tem operators, and State and local governments in
order to develop, amend, and promote the model pro-
gram, and to provide an opportunity to share infor-
mation among such parties and to recognize State
programs that exemplify the goals of this Act.
(c) PUBLIC EDUCATION.—The Secretary shall develop,
in conjunction with facility operators, excavators, one-call
notification system operators, and State and local govern-
ments, public service announcements and other educational
materials and programs to be broadcast or published to edu-
cate the public about one-call notification systems, includ-
ing the national phone number.
SEC. 8. ALTERNATE FORM OF STATE PROGRAM.
(a) CERTIFICATION.—A State that wishes to establish
or maintain a State program that differs from the require-
ments of this Act may certify to the Secretary that such
State program is at least as protective of the public health
and safety and the environment as a State program de-
scribed in section 5. Except as provided in subsection (b)
of this section, unless the Secretary has, within 6 months
after receipt of such a certification, disapproved the certifi-
cation, the Secretary shall be considered to have concurred
in the certification. The Secretary shall inform a State of
the reasons for any disapproval of a certification under this
section.
(b) CONDITIONAL APPROVAL.—Approval under sub-
section (a) may be given where a State program is substan-
tially in compliance with the requirements of this Act, on
the condition that such State program, within 6 months
after the granting of conditional approval, shall be brought
in full compliance with such requirements.
SEC. 9. STATE REPORTS.
(a) REQUIREMENT.—
(1) INTERIM REPORT.—Within 2 years after the
date of enactment of this Act, each State shall submit
to the Secretary an interim report on progress made
in implementing this Act.
(2) STATUS REPORTS.—Within 41⁄2 years after
the date of enactment of this Act, and annually there-
after, each State shall report to the Secretary on the
status of its State program and its requirements, and
any other information the Secretary requires.
(b) SIMPLIFIED REPORTING FORM.—Within 3 years
after the date of enactment of this Act, the Secretary shall
develop and distribute to the States a simplified form for
complying with the reporting requirements of subsection
(a)(2).
SEC. 10. MORE PROTECTIVE SYSTEMS.
Nothing in this Act prohibits a State from implement-
ing a one-call notification system that provides greater pro-
tection for underground facilities from damage due to exca-
vation than a system provided for under this Act.
Amend the title to read as follows: ‘‘A bill to provide
for mandatory, comprehensive, Statewide one-call notifi-
cation systems to protect natural gas and hazardous liq-
uid pipelines and all other underground facilities from
being damaged by any excavations, and for other pur-
poses.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Comprehen-
sive One-Call Notification Act of 1994’’.
SEC. 2. DEFINITIONS.
For purposes of this Act, the term—
(1) ‘‘damage’’ means any impact or
contact with an underground facility, its
appurtenances, or its protective coating,
or weakening of the support for the facil-
ity or protective housing, which requires
repair;
(2) ‘‘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 mecha-
nized tools or equipment, or any explo-
sive, but shall not include any generally
accepted agricultural practices and ac-
tivities taken in support thereof and rou-
tine lawn and garden activities;
(3) ‘‘excavator’’ means a person who
conducts excavation;
(4) ‘‘facility operator’’ means any per-
son who operates an underground facil-
ity;
(5) ‘‘hazardous liquid’’ has the mean-
ing given such term in section 60101(a)(4)
of title 49, United States Code;
(6) ‘‘natural gas’’ has the meaning
given 
the 
term 
‘‘gas’’ 
in 
section
60101(a)(2) of title 49, United States Code;
(7) ‘‘person’’ includes any agency of
Federal, State, or local government;
(8) ‘‘Secretary’’ means the Secretary
of Transportation;
(9) ‘‘State’’ has the meaning given
such term in section 60101(a)(20) of title
49, United States Code;
(10) ‘‘State program’’ means the pro-
gram of a State to establish or maintain
a one-call notification system; and
(11) ‘‘underground facility’’ means
any underground line, system, or struc-
ture used for gathering, storing, trans-
mitting, or distributing oil, petroleum
products, other hazardous liquids, natu-
ral 
gas, 
communication, 
electricity,
water, steam, sewerage, or any other
commodities the Secretary determines
should be included under the require-
ments of this Act, but such term does not
include a portion of a line, system, or
structure if the person who owns or
leases, or holds an oil or gas mineral
leasehold interest in, the real property in
which such portion is located also oper-
ates, or has authorized the operation of,
the line, system, or structure only for the
purpose of furnishing services or mate-
rials to such person, except to the extent
that such portion contains predominantly
natural gas or hazardous liquids and—
(A) is located within an easement
for a public road (as defined under
section 101(a) of title 23, United
States Code), or a toll highway,
bridge, or tunnel (as described in sec-
tion 129(a)(2) of such title); or
(B) is located on a mineral lease
and is within the boundaries of a city,
town, or village.
SEC. 3. NATIONWIDE TOLL-FREE NUMBER SYSTEM.
Within 1 year after the date of enactment
of this Act, the Secretary shall, in consulta-
tion with the Federal Communications Com-
mission, facility operators, excavators, and
one-call notification system operators, pro-
vide for the establishment of a nationwide
toll-free telephone number system to be used
by State one-call notification systems.
SEC. 4. STATE PROGRAMS.
(a) CONSIDERATION.—Each State shall con-
sider whether to adopt a comprehensive
statewide one-call notification program with
each element described in section 5, to pro-
tect all underground facilities from damage
due to any excavation. Such State program
may be provided for through the establish-
ment of a new program, or through modifica-
tion or improvement of an existing program,
and may be implemented by a nongovern-
mental organization.
(b) 
PROCEDURES.—State 
consideration
under subsection (a) shall be undertaken
after public notice and hearing, and shall be
completed within 3 years after the date of en-
actment of this Act. Such consideration may
be undertaken as part of any proceeding of a
State with respect to the safety of pipelines or
other underground facilities.
(c) COMPLIANCE.—If a State fails to comply
with the requirements of this section, the Sec-
retary or any person aggrieved by such fail-
ure may in a civil action obtain appropriate
relief against any appropriate officer or en-
tity of the State, including the State itself, to
compel such compliance.
(d) APPROPRIATENESS.—Nothing in this Act
prohibits a State from making a determina-
tion that it is not appropriate to adopt a State
program described in section 5, pursuant to
its authority under otherwise applicable State
law.
SEC. 5. ELEMENTS OF STATE PROGRAM.
(a) IN GENERAL.—Each State’s consider-
ation under section 4(a) shall include consid-
eration of program elements that—
(1) provide for a one-call notification
system or systems which shall—
(A) apply to all excavators and to
all facility operators;
(B) operate in all areas of the
State and not duplicate the geo-
graphical coverage of other one-call
notification systems;
(C) receive and record appro-
priate information from excavators
about intended excavations;
(D) inform facility operators of
any intended excavations that may be
in the vicinity of their underground
facilities; and
(E) inform excavators of the iden-
tity of facility operators who will be
notified of the intended excavation;
(2) provide for 24-hour coverage for
emergency excavation, with the manner
and scope of coverage determined by the
State;
(3) employ mechanisms to ensure that
the general public, and in particular all
excavators, are aware of the one-call tele-
phone number and the requirements,
penalties, and benefits of the State pro-
gram relating to excavations;
(4) inform excavators of any proce-
dures that the State has determined must
be followed when excavating;
(5) require that any excavator must
contact the one-call notification system
in accordance with State specifications,
which may vary depending on whether
the excavation is short term, long term,
routine, continuous, or emergency;
(6) require facility operators to pro-
vide for locating and marking or other-
wise identifying their facilities at an ex-
cavation site, in accordance with State
specifications, which may vary depend-
ing on whether the excavation is short
term, long term, routine, continuous, or
emergency;
(7) provide effective mechanisms for
penalties and enforcement as described
in section 6;
(8) provide for a fair and appropriate
schedule of fees to cover the costs of pro-
viding for, maintaining, and operating
the State program; and
(9) provide an opportunity for citizen
suits to enforce the State program.
(b) EXCEPTION.—Where excavation is un-
dertaken by or for a person, on real property
owned or leased, or in which an oil or gas
mineral leasehold interest is held, by that per-
son, and the same person operates all under-
ground facilities located at the site of the ex-
cavation, a State program may elect not to re-
quire that such person contact the one-call
notification system before excavating.
SEC. 6. PENALTIES AND ENFORCEMENT.
(a) GENERAL PENALTIES.—Each State’s con-
sideration under section 4(a) shall include
consideration of a requirement that any exca-
vator or facility operator who violates the re-
quirements of the State program shall be lia-
ble for an appropriate administrative or civil
penalty.
(b) INCREASED PENALTIES.—If a violation
results in damage to an underground facility
resulting in death, serious bodily harm, or ac-
tual damage to property exceeding $50,000, or
damage to a hazardous liquid underground
facility resulting in the release of more than
50 barrels of product, the penalties shall be
increased, and an additional penalty of im-
prisonment may be assessed for a knowing
and willful violation.
(c) DECREASED PENALTIES.—Each State’s
consideration under section 4(a) shall include
consideration of reduced penalties for a viola-
tion, that results in or could result in damage,
that is promptly reported by the violator.
(d) EQUITABLE RELIEF AND MANDAMUS AC-
TIONS.—Each State’s consideration under sec-
tion 4(a) shall include consideration of provi-
sions for appropriate equitable relief and
mandamus actions.
(e) IMMEDIATE CITATION OF VIOLATIONS.—
Each State’s consideration under section 4(a)
shall include consideration of procedures for
issuing a citation of violation at the site and
time of the violation.
SEC. 7. GRANTS TO STATES.
(a) AUTHORITY.—Using $4,000,000 of the
amounts previously collected under section
7005 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (previously codi-
fied as 49 U.S.C. App. 1682a) or section 60301
of title 49, United States Code, for each of the
fiscal years 1996, 1997, and 1998, to the extent
provided in advance in appropriations Acts,
the Secretary shall make grants to States, or
to operators of one-call notification systems
in such States, which have elected to adopt a
State program described in section 5, or to es-
tablish and maintain a State program pursu-
ant to subsection (b) of this section. Such
grants may be used in establishing one-call
notification systems, modifying existing sys-
tems to conform to standards established
under this Act, and improving systems to ex-
ceed such standards. Such grants may be used
to—
(1) improve communications systems
linking one-call notification systems;
(2) improve location capabilities, in-
cluding training personnel and develop-
ing and using location technology;
(3) improve record retention and re-
cording capabilities;
(4) enhance public information and
education campaigns;
(5) increase and improve enforcement
mechanisms, 
including 
administrative
processing of violations; and
(6) otherwise further the purposes of
this Act.
(b) ALTERNATE FORM OF STATE PROGRAM.—
The Secretary may make a grant under sub-
section (a) to a State that establishes or main-
tains a State program that differs from a State
program described in section 5 if such State
program is at least as protective of the public
health and safety and the environment as a
State program described in section 5.
SEC. 8. DEPARTMENT OF TRANSPORTATION.
(a) COORDINATION WITH OTHER RESPON-
SIBILITIES.—
(1) 
COORDINATION.—The 
Secretary
shall coordinate the implementation of
this Act with the implementation of chap-
ter 601 of title 49, United States Code.
(2) REVIEW
OF
PROGRAMS.—Within 18
months after the date of enactment of
this Act, the Secretary shall review, and
report to Congress on, the extent to
which any policies, programs, and proce-
dures of the Department of Transpor-
tation could be used to achieve the pur-
poses of this Act.
(b) MODEL PROGRAM.—
(1) 
DEVELOPMENT.—Within 
year
after the date of enactment of this Act,
the Secretary, in consultation with facil-
ity operators, excavators, one-call notifi-
cation system operators, and State and
local governments, shall develop and
make available to States a model State
program, including a model enforcement
program. Such model program may be
amended by the Secretary on the Sec-
retary’s initiative or in response to re-
ports submitted by the States pursuant to
section 9, or as a result of workshops con-
ducted under paragraph (3) of this sub-
section.
(2) SUGGESTED ELEMENTS.—The model
program developed under paragraph (1)
shall include all elements of a State pro-
gram described in section 5. The Sec-
retary shall consider incorporating the
following elements into the model pro-
gram:
(A) The one-call notification sys-
tem or systems shall—
(i) receive and record appro-
priate 
information 
from 
exca-
vators 
about 
intended 
exca-
vations, including—
(I) the name of the person
contacting the one-call notifi-
cation system;
(II) the name, address,
and telephone number of the
excavator;
(III) the specific location
of the intended excavation,
along with the starting date
thereof and a description of
the intended excavation activ-
ity; and
(IV) the name, address,
and telephone number of the
person for whom the work is
being performed; and
(ii) maintain records on each
notice of intent to excavate for
the period of time necessary to
ensure that such records remain
available for use in the adjudica-
tion of any claims relating to the
excavation.
(B) The provision of information
on excavation requirements at the
time of issuance of excavation or
building permits, or other specific
mechanisms for ensuring excavator
awareness.
(C) A requirement that any exca-
vator must contact the one-call notifi-
cation system at least 2 business
days, and not more than 10 business
days, before excavation begins.
(D) Alternative notification proce-
dures for excavation activities con-
ducted as a normal part of ongoing
operations within specific geographic
locations over an extended period of
time.
(E) A requirement that facility op-
erators—
(i) provide for locating and
marking, in accordance with the
American Public Works Associa-
tion Uniform Color Code for Utili-
ties, or otherwise identifying, in
accordance with standards estab-
lished by the State or the Amer-
ican National Standards Institute,
their underground facilities at
the site of an intended excavation
within no more than 2 business
days after notification of such in-
tended excavation; and
(ii) monitor such excavation
as appropriate.
(F) Provision for notification of
excavators if no underground facili-
ties are located at the excavation site.
(G) Provision for the approval of
a State program under this Act with
time limitations longer than those re-
quired under subparagraphs (C) and
(E) of this paragraph where special
circumstances, such as severe weath-
er conditions or remoteness of loca-
tion, pertain.
(H) Procedures for excavators
and facility operators to follow when
the location of underground facilities
is unknown.
(I) Procedures to improve under-
ground facility location capabilities,
including compiling and notifying ex-
cavators, facility operators, and one-
call centers of any information about
previously unknown underground fa-
cility locations when such informa-
tion is discovered.
(J) Alternative rules for timely
compliance with State program re-
quirements 
in 
emergency 
cir-
cumstances.
(K) If a State has procedures for
licensing or permitting entities to do
business, procedures for the revoca-
tion of the license or permit to do
business of any excavator determined
to be a habitual violator of the re-
quirements of the State program.
(3) 
WORKSHOPS.—Within 
months
after the date of enactment of this Act,
and annually thereafter, the Secretary
shall conduct workshops with facility op-
erators, excavators, one-call notification
system operators, and State and local
governments in order to develop, amend,
and promote the model program, and to
provide an opportunity to share informa-
tion among such parties and to recognize
State programs that exemplify the goals
of this Act.
(c) PUBLIC
EDUCATION.—The Secretary
shall develop, in conjunction with facility op-
erators, excavators, one-call notification sys-
tem operators, and State and local govern-
ments, public service announcements and
other educational materials and programs to
be broadcast or published to educate the pub-
lic about one-call notification systems, includ-
ing the national phone number.
SEC. 9. STATE REPORTS.
(a) REQUIREMENT.—
(1) INITIAL
REPORT.—Within 3 years
after the date of enactment of this Act,
each State shall submit to the Secretary a
report on progress made in implementing
this Act.
(2) STATUS REPORTS.—Within 41⁄2 years
after the date of enactment of this Act,
and annually thereafter, each State shall
report to the Secretary on the status of
its State program, if any, and its require-
ments, and any other information the
Secretary requires.
(b) SIMPLIFIED REPORTING FORM.—Within 3
years after the date of enactment of this Act,
the Secretary shall develop and distribute to
the States a simplified form for complying
with the reporting requirements of subsection
(a)(2).
SEC. 10. MORE PROTECTIVE SYSTEMS.
Nothing in this Act prohibits a State from
implementing a one-call notification system
that provides greater protection for under-
ground facilities from damage due to exca-
vation than a system established pursuant to
this Act.
SEC. 11. USE OF TECHNOLOGIES FOR REMOTE AND ABOVE-
GROUND PIPELINE LOCATION.
The Secretary of Transportation shall
consult with other agencies as to the avail-
ability 
and 
affordability 
of 
technologies
which will help relocate pipelines from above-
ground and remote locations.
SEC. 12. RAILROAD COMPLIANCE WITH ONE-CALL.
If a railroad has rules requiring under-
ground facilities other than its own to be bur-
ied 3 feet or lower on its property or along its
right-of-way, the railroad shall not be re-
quired to inform the State one-call system
when the railroad undertakes routine mainte-
nance on its property or along its right-of-way
when such maintenance would disturb the
ground to a depth of no more than 18 inches
as measured from the surface of the ground.
Any accidents that occur during, or as a result
of such routine maintenance, must be re-
ported by the railroad to the Department of
Transportation and the appropriate local offi-
cials.
SEC. 13. SENSE OF CONGRESS; REQUIREMENT REGARDING
NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of Con-
gress that, to the greatest extent practicable,
all equipment and products purchased with
funds made available under this Act should be
American-made.
(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—
In providing financial assistance under this
Act, the Administrator of the Research and
Special Programs Administration of the De-
partment of Transportation, to the greatest
extent practicable, shall provide to each re-
cipient of the assistance a notice describing
the statement made in subsection (a).
Amend the title to read as follows: ‘‘A bill to require
State’s to consider adopting mandatory, comprehensive,
Statewide one-call notification systems to protect natural
gas and hazardous liquid pipelines and all other under-
ground facilities from being damaged by any excavations,
and for other purposes.’’.
HR 4394 RH——2
HR 4394 RH——3