H. R. 2400—372
and is a leading cause of natural gas and hazardous liquid
pipeline accidents;
(2) excavation that is performed without prior notification
to an underground facility operator or with inaccurate or
untimely marking of such a facility prior to excavation can
cause damage that results in fatalities, serious injuries, harm
to the environment and disruption of vital services to the public;
and
(3) protection of the public and the environment from the
consequences of underground facility damage caused by exca-
vations will be enhanced by a coordinated national effort to
improve one-call notification programs in each State and the
effectiveness and efficiency of one-call notification systems that
operate under such programs.
SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS.
(a) IN GENERAL.—Subtitle III of title 49, United States Code,
is amended by adding at the end thereof the following:
‘‘CHAPTER 61—ONE-CALL NOTIFICATION PROGRAMS
‘‘Sec.
‘‘6101. Purposes.
‘‘6102. Definitions.
‘‘6103. Minimum standards for State one-call notification programs.
‘‘6104. Compliance with minimum standards.
‘‘6105. Review of one-call system best practices.
‘‘6106. Grants to States.
‘‘6107. Authorization of appropriations.
‘‘6108. Relationship to State laws.
‘‘§ 6101. Purposes
‘‘The purposes of this chapter are—
‘‘(1) to enhance public safety;
‘‘(2) to protect the environment;
‘‘(3) to minimize risks to excavators; and
‘‘(4) to prevent disruption of vital public services,
by reducing the incidence of damage to underground facilities during
excavation 
through 
the 
voluntary 
adoption 
and 
efficient
implementation by all States of State one-call notification programs
that meet the minimum standards set forth under section 6103.
‘‘§ 6102. Definitions
‘‘In this chapter, the following definitions apply:
‘‘(1) ONE-CALL NOTIFICATION SYSTEM.—The term ‘one-call
notification system’ means a system operated by an organiza-
tion that has as 1 of its purposes to receive notification from
excavators of intended excavation in a specified area in order
to disseminate such notification to underground facility opera-
tors that are members of the system so that such operators
can locate and mark their facilities in order to prevent damage
to underground facilities in the course of such excavation.
‘‘(2) STATE ONE-CALL NOTIFICATION PROGRAM.—The term
‘State one-call notification program’ means the State statutes,
regulations, orders, judicial decisions, and other elements of
law and policy in effect in a State that establish the require-
ments for the operation of one-call notification systems in such
State.
‘‘(3) STATE.—The term ‘State’ means a State, the District
of Columbia, and Puerto Rico.
H. R. 2400—373
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘§ 6103. Minimum standards for State one-call notification
programs
‘‘(a) MINIMUM STANDARDS.—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;
‘‘(2) appropriate participation by all excavators; and
‘‘(3) flexible and effective enforcement under State law with
respect to participation in, and use of, one-call notification
systems.
‘‘(b) APPROPRIATE PARTICIPATION.—In determining the appro-
priate 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—
‘‘(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 pro-
gram; 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 appro-
priate 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 notifica-
tion 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 require-
ment 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.
H. R. 2400—374
‘‘§ 6104. Compliance with minimum standards
‘‘(a) REQUIREMENT.—In order to qualify for a grant under sec-
tion 6106, each State shall submit to the Secretary a grant applica-
tion 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 provi-
sions 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 pro-
gram 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 modifica-
tion 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 pro-
gram for the Secretary to evaluate its overall effectiveness.
Such information may include the nature and reasons for excep-
tions 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.—Within 3 years after the date of the enactment
of this chapter, the Secretary shall begin to 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 pur-
poses of this chapter have been substantially achieved, no further
report under this section shall be required.
H. R. 2400—375
‘‘§ 6105. Review of one-call system best practices
‘‘(a) STUDY OF EXISTING ONE-CALL SYSTEMS.—Except as pro-
vided in subsection (d), the Secretary, in consultation with other
appropriate Federal agencies, State agencies, one-call notification
system operators, underground facility operators, excavators, and
other interested parties, shall undertake a study of damage preven-
tion practices associated with existing one-call notification systems.
‘‘(b) PURPOSE OF STUDY OF DAMAGE PREVENTION PRACTICES.—
The purpose of the study is to gather information in order to
determine which existing one-call notification systems practices
appear to be the most effective in protecting the public, excavators,
and the environment and in preventing disruptions to public serv-
ices and damage to underground facilities. As part of the study,
the Secretary shall consider, at a minimum—
‘‘(1) the methods used by one-call notification systems and
others to encourage participation by excavators and owners
of underground facilities;
‘‘(2) the methods by which one-call notification systems
promote awareness of their programs, including use of public
service announcements and educational materials and pro-
grams;
‘‘(3) the methods by which one-call notification systems
receive and distribute information from excavators and under-
ground facility owners;
‘‘(4) the use of any performance and service standards
to verify the effectiveness of a one-call notification system;
‘‘(5) the effectiveness and accuracy of mapping used by
one-call notification systems;
‘‘(6) the relationship between one-call notification systems
and preventing damage to underground facilities;
‘‘(7) how one-call notification systems address the need
for rapid response to situations where the need to excavate
is urgent;
‘‘(8) the extent to which accidents occur due to errors in
marking of underground facilities, untimely marking or errors
in the excavation process after a one-call notification system
has been notified of an excavation;
‘‘(9) the extent to which personnel engaged in marking
underground facilities may be endangered;
‘‘(10) the characteristics of damage prevention programs
the Secretary believes could be relevant to the effectiveness
of State one-call notification programs; and
‘‘(11) the effectiveness of penalties and enforcement activi-
ties under State one-call notification programs in obtaining
compliance with program requirements.
‘‘(c) REPORT.—Within 1 year after the date of the enactment
of this chapter, the Secretary shall publish a report identifying
those practices of one-call notification systems that are the most
and least successful in—
‘‘(1) preventing damage to underground facilities; and
‘‘(2) providing effective and efficient service to excavators
and underground facility operators.
The Secretary shall encourage each State and operator of one-
call notification programs to adopt and implement those practices
identified in the report that the State determines are the most
appropriate.
H. R. 2400—376
‘‘(d) SECRETARIAL DISCRETION.—Prior to undertaking the study
described in subsection (a), the Secretary shall determine whether
timely information described in subsection (b) is readily available.
If the Secretary determines that such information is readily avail-
able, the Secretary is not required to carry out the study.
‘‘§ 6106. Grants to States
‘‘(a) IN GENERAL.—The Secretary may make a grant of financial
assistance to a State that qualifies under section 6104(b) to assist
in improving—
‘‘(1) the overall quality and effectiveness of one-call notifica-
tion systems in the State;
‘‘(2) communications systems linking one-call notification
systems;
‘‘(3) location capabilities, including training personnel and
developing and using location technology;
‘‘(4) record retention and recording capabilities for one-
call notification systems;
‘‘(5) public information and education;
‘‘(6) participation in one-call notification systems; or
‘‘(7) compliance and enforcement under the State one-call
notification program.
‘‘(b) STATE ACTION TAKEN INTO ACCOUNT.—In making grants
under this section, the Secretary shall take into consideration the
commitment of each State to improving its State one-call notification
program, including legislative and regulatory actions taken by the
State after the date of enactment of this chapter.
‘‘(c) FUNDING FOR ONE-CALL NOTIFICATION SYSTEMS.—A State
may provide funds received under this section directly to any one-
call notification system in such State that substantially adopts
the best practices identified under section 6105.
‘‘§ 6107. Authorization of appropriations
‘‘(a) FOR GRANTS TO STATES.—There are authorized to be appro-
priated to the Secretary to provide grants to States under section
6106 $1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year
2001. Such funds shall remain available until expended.
‘‘(b) FOR ADMINISTRATION.—There are authorized to be appro-
priated to the Secretary such sums as may be necessary to carry
out sections 6103, 6104, and 6105 for fiscal years 1999, 2000,
and 2001.
‘‘(c) GENERAL REVENUE FUNDING.—Any sums appropriated
under this section shall be derived from general revenues and
may not be derived from amounts collected under section 60301
of this title.
‘‘§ 6108. Relationship to State laws
‘‘Nothing in this chapter preempts State law or shall impose
a new requirement on any State or mandate revisions to a one-
call system.’’.
(b) CONFORMING AMENDMENT.—The table of chapters for sub-
title III of such title is amended by adding at the end thereof
the following:
‘‘61. ONE-CALL NOTIFICATION PROGRAMS ............................................. 6101’’.
H. R. 2400—377
Subtitle D—Sportfishing and Boating
Safety
SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT.
(a) SHORT
TITLE.—This subtitle may be cited as the
‘‘Sportfishing and Boating Safety Act of 1998’’.
(b) AMENDMENT OF 1950 ACT.—Whenever in this subtitle an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision of the 1950 Act, the
reference shall be considered to be made to a section or other
provision of the Act entitled ‘‘An Act to provide that the United
States shall aid the States in fish restoration and management
projects, and for other purposes,’’ approved August 9, 1950 (16
U.S.C. 777 et seq.).
SEC. 7402. OUTREACH AND COMMUNICATIONS PROGRAMS.
(a) DEFINITIONS.—Section 2 of the 1950 Act (16 U.S.C. 777a)
is amended—
(1) by indenting the left margin of so much of the text
as precedes ‘‘(a)’’ by 2 ems;
(2) by inserting ‘‘For purposes of this Act—’’ after the
section heading;
(3) by striking ‘‘For the purpose of this Act the’’ in the
first paragraph and inserting ‘‘(1) the’’;
(4) by indenting the left margin of so much of the text
as follows ‘‘include—’’ by 4 ems;
(5) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’ and inserting
‘‘(A)’’, ‘‘(B)’’, ‘‘(C)’’, and ‘‘(D)’’, respectively;
(6) by striking ‘‘department.’’ and inserting ‘‘department;’’;
and
(7) by adding at the end the following:
‘‘(2) the term ‘outreach and communications program’
means a program to improve communications with anglers,
boaters, and the general public regarding angling and boating
opportunities, to reduce barriers to participation in these activi-
ties, to advance adoption of sound fishing and boating practices,
to promote conservation and the responsible use of the Nation’s
aquatic resources, and to further safety in fishing and boating;
and
‘‘(3) the term ‘aquatic resource education program’ means
a program designed to enhance the public’s understanding of
aquatic resources and sportfishing, and to promote the develop-
ment of responsible attitudes and ethics toward the aquatic
environment.’’.
(b) FUNDING FOR OUTREACH AND COMMUNICATIONS PROGRAM.—
Section 4 of the 1950 Act (16 U.S.C. 777c) is amended—
(1) by redesignating subsections (c), (d), and (e) as sub-
sections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the following:
‘‘(c) NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM.—
Of the balance of each such annual appropriation remaining after
making the distribution under subsections (a) and (b), respectively,
an amount equal to—
‘‘(1) $5,000,000 for fiscal year 1999;
‘‘(2) $6,000,000 for fiscal year 2000;
‘‘(3) $7,000,000 for fiscal year 2001;
H. R. 2400—378
‘‘(4) $8,000,000 for fiscal year 2002; and
‘‘(5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communications Pro-
gram under section 8(d). Such amounts shall remain available
for 3 fiscal years, after which any portion thereof that is unobligated
by the Secretary of the Interior for that program may be expended
by the Secretary under subsection (e).’’;
(3) in subsection (d), as redesignated, by inserting ‘‘, for
an outreach and communications program’’ after ‘‘Act’’;
(4) in subsection (d), as redesignated, by striking ‘‘sub-
sections (a) and (b),’’ and inserting ‘‘subsections (a), (b), and
(c),’’;
(5) by adding at the end of subsection (d), as redesignated,
the following: ‘‘Of the sum available to the Secretary of the
Interior under this subsection for any fiscal year, up to
$2,500,000 may be used for the National Outreach and Commu-
nications Program under section 8(d) in addition to the amount
available for that program under subsection (c). No funds avail-
able to the Secretary under this subsection may be used to
replace funding traditionally provided through general appro-
priations, nor for any purposes except those purposes author-
ized by this Act. The Secretary shall publish a detailed account-
ing of the projects, programs, and activities funded under this
subsection annually in the Federal Register.’’; and
(6) in subsection (e), as redesignated, by striking ‘‘sub-
sections (a), (b), and (c),’’ and inserting ‘‘subsections (a), (b),
(c), and (d),’’.
(c) INCREASE IN STATE ALLOCATION.—Section 8 of the 1950
Act (16 U.S.C. 777g) is amended—
(1) by striking ‘‘12 1/2 percentum’’ each place it appears
in subsection (b) and inserting ‘‘15 percent’’;
(2) by striking ‘‘10 percentum’’ in subsection (c) and insert-
ing ‘‘15 percent’’;
(3) by inserting ‘‘and communications’’ in subsection (c)
after ‘‘outreach’’; and
(4) by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following:
‘‘(d) NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM.—
‘‘(1) IMPLEMENTATION.—Within 1 year after the date of
enactment of the Sportfishing and Boating Safety Act of 1998,
the Secretary of the Interior shall develop and implement,
in cooperation and consultation with the Sport Fishing and
Boating Partnership Council, a national plan for outreach and
communications.
‘‘(2) CONTENT.—The plan shall provide—
‘‘(A) guidance, including guidance on the development
of an administrative process and funding priorities, for
outreach and communications programs; and
‘‘(B) for the establishment of a national program.
‘‘(3) SECRETARY MAY MATCH OR FUND PROGRAMS.—Under
the plan, the Secretary may obligate amounts available under
subsection (c) or (d) of section 4 of this Act—
‘‘(A) to make grants to any State or private entity
to pay all or any portion of the cost of carrying out any
outreach and communications program under the plan;
or
H. R. 2400—379
‘‘(B) to fund contracts with States or private entities
to carry out such a program.
‘‘(4) REVIEW.—The plan shall be reviewed periodically, but
not less frequently than once every 3 years.
‘‘(e) STATE OUTREACH AND COMMUNICATIONS PROGRAM.—Within
12 months after the completion of the national plan under sub-
section (d)(1), a State shall develop a plan for an outreach and
communications program and submit it to the Secretary. In develop-
ing the plan, a State shall—
‘‘(1) review the national plan developed under subsection
(d);
‘‘(2) consult with anglers, boaters, the sportfishing and
boating industries, and the general public; and
‘‘(3) establish priorities for the State outreach and commu-
nications program proposed for implementation.’’.
SEC. 7403. CLEAN VESSEL ACT FUNDING.
Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended
to read as follows:
‘‘(b) USE OF BALANCE AFTER DISTRIBUTION.—
‘‘(1) FISCAL YEAR 1998.—In fiscal year 1998, an amount
equal to $20,000,000 of the balance remaining after the dis-
tribution under subsection (a) shall be transferred to the Sec-
retary of Transportation and shall be expended for State rec-
reational boating safety programs under section 13106(a)(1)
of title 46, United States Code.
‘‘(2) FISCAL YEAR 1999.—For fiscal year 1999, of the balance
of each annual appropriation remaining after making the dis-
tribution under subsection (a), an amount equal to $74,000,000,
reduced by 82 percent of the amount appropriated for that
fiscal year from the Boat Safety Account of the Aquatic
Resources Trust Fund established by section 9504 of the
Internal Revenue Code of 1986 to carry out the purposes of
section 13106(a) of title 46, United States Code, shall be used
as follows:
‘‘(A) $10,000,000 shall be available to the Secretary
of the Interior for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act of
1992 (33 U.S.C. 1322 note).
‘‘(B) The balance remaining after the application of
subparagraph (A) shall be transferred to the Secretary
of Transportation and shall be expended for State rec-
reational boating safety programs under section 13106 of
title 46, United States Code.
‘‘(3) FISCAL YEARS 2000–2003.—For each of fiscal years 2000
through 2003, of the balance of each annual appropriation
remaining after making the distribution under subsection (a),
an amount equal to $82,000,000, reduced by 82 percent of
the amount appropriated for that fiscal year from the Boat
Safety Account of the Aquatic Resources Trust Fund established
by section 9504 of the Internal Revenue Code of 1986 to carry
out the purposes of section 13106(a) of title 46, United States
Code, shall be used as follows:
‘‘(A) $10,000,000 shall be available for each fiscal year
to the Secretary of the Interior for 3 fiscal years for obliga-
tion for qualified projects under section 5604(c) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note).
H. R. 2400—380
‘‘(B) $8,000,000 shall be available for each fiscal year
to the Secretary of the Interior for 3 fiscal years for obliga-
tion for qualified projects under section 6404(d) of the
Sportfishing and Boating Safety Act of 1998.
‘‘(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred for each
such fiscal year to the Secretary of Transportation and
shall be expended for State recreational boating safety
programs under section 13106 of title 46, United States
Code.
‘‘(4) TRANSFER
OF
CERTAIN
FUNDS.—Amounts available
under subparagraph (A) of paragraph (2) and subparagraphs
(A) and (B) of paragraph (3) that are unobligated by the Sec-
retary of the Interior after 3 fiscal years shall be transferred
to the Secretary of Transportation and shall be expended for
State recreational boating safety programs under section
13106(a) of title 46, United States Code.’’.
SEC. 7404. BOATING INFRASTRUCTURE.
(a) PURPOSE.—The purpose of this section is to provide funds
to States for the development and maintenance of facilities for
transient nontrailerable recreational vessels.
(b) SURVEY.—Section 8 of the 1950 Act (16 U.S.C. 777g), as
amended by section 6402, is amended by adding at the end thereof
the following:
‘‘(g) SURVEYS.—
‘‘(1) NATIONAL FRAMEWORK.—Within 6 months after the
date of enactment of the Sportfishing and Boating Safety Act
of 1998, the Secretary, in consultation with the States, shall
adopt a national framework for a public boat access needs
assessment which may be used by States to conduct surveys
to determine the adequacy, number, location, and quality of
facilities providing access to recreational waters for all sizes
of recreational boats.
‘‘(2) STATE SURVEYS.—Within 18 months after such date
of enactment, each State that agrees to conduct a public boat
access needs survey following the recommended national frame-
work shall report its findings to the Secretary for use in the
development of a comprehensive national assessment of rec-
reational boat access needs and facilities.
‘‘(3) EXCEPTION.—Paragraph (2) does not apply to a State
if, within 18 months after such date of enactment, the Secretary
certifies that the State has developed and is implementing
a plan that ensures there are and will be public boat access
adequate to meet the needs of recreational boaters on its waters.
‘‘(4) FUNDING.—A State that conducts a public boat access
needs survey under paragraph (2) may fund the costs of
conducting that assessment out of amounts allocated to it as
funding dedicated to motorboat access to recreational waters
under subsection (b)(1) of this section.’’.
(c) PLAN.—Within 6 months after submitting a survey to the
Secretary under section 8(g) of the Act entitled ‘‘An Act to provide
that the United States shall aid the States in fish restoration
and management projects, and for other purposes,’’ approved August
9, 1950 (16 U.S.C. 777g(g)), as added by subsection (b) of this
section, a State may develop and submit to the Secretary a plan
for the construction, renovation, and maintenance of facilities for