---
kind: "section"
citation: "49 U.S.C. § 6103"
title: "49"
title_heading: "Transportation"
number: "6103"
heading: "Minimum standards for State one-call notification programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/6103"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 61 — One-Call Notification Programs"
---

# §6103. Minimum standards for State one-call notification programs

- (a) **Minimum Standards.—**
  - (1) **In general.—** In order to qualify for a grant under [section 6106](/usc/49/6106.md), a [State one-call notification program](/usc/49/6102.md?p=2), 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](/usc/49/5102.md?p=12) law with respect to participation in, and use of, [one-call notification systems](/usc/49/6102.md?p=1).
  - (2) **Exemptions prohibited.—** In order to qualify for a grant under [section 6106](/usc/49/6106.md), a [State one-call notification program](/usc/49/6102.md?p=2) may not exempt municipalities, [State](/usc/49/5102.md?p=12) agencies, or their contractors from the [one-call notification system](/usc/49/6102.md?p=1) 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), a [State](/usc/49/5102.md?p=12) 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](/usc/49/6102.md?p=2) also shall, at a minimum, provide for and document—
  - (1) consideration of the ranking of risks under [subsection (b)](#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](/usc/49/6102.md?p=2); and
  - (3) voluntary participation where the [State](/usc/49/5102.md?p=12) 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](/usc/49/5102.md?p=12) determines appropriate and necessary to achieve the purposes of this chapter, a [State one-call notification program](/usc/49/6102.md?p=2) 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](/usc/49/6102.md?p=2);
  - (2) increased penalties for parties that repeatedly damage underground facilities because they fail to use [one-call notification systems](/usc/49/6102.md?p=1) 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](/usc/49/6102.md?p=1);
  - (3) reduced or waived penalties for a violation of a requirement of a [State one-call notification program](/usc/49/6102.md?p=2) that results in, or could result in, damage that is promptly reported by the violator;
  - (4) equitable relief; and
  - (5) citation of violations.

## Source credit

(Added Pub. L. 105–178, title VII, § 7302(a), June 9, 1998, 112 Stat. 479; amended Pub. L. 107–355, § 2(a), Dec. 17, 2002, 116 Stat. 2985; Pub. L. 112–90, § 3(a), Jan. 3, 2012, 125 Stat. 1906.)

## Notes

### Editorial Notes

### Amendments

2012—Subsec. (a). Pub. L. 112–90, § 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. 107–355, § 2(a)(1)(A), inserted “, including all government operators” before semicolon at end.

Subsec. (a)(2). Pub. L. 107–355, § 2(a)(1)(B), inserted “, including all government and contract excavators” before semicolon.

Subsec. (c). Pub. L. 107–355, § 2(a)(2), substituted “provide for and document” for “provide for” in introductory provisions.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2012 Amendment

Pub. L. 112–90, § 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].”