---
kind: "section"
citation: "49 U.S.C. § 6104"
title: "49"
title_heading: "Transportation"
number: "6104"
heading: "Compliance with minimum standards"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/6104"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 61 — One-Call Notification Programs"
---

# §6104. Compliance with minimum standards

- (a) **Requirement.—** In order to qualify for a grant under [section 6106](/usc/49/6106.md), each [State](/usc/49/5102.md?p=12) shall submit to the [Secretary](/usc/49/5102.md?p=11) a grant application under [subsection (b)](#b). The [State](/usc/49/5102.md?p=12) 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](/usc/49/5102.md?p=12), the [Secretary](/usc/49/5102.md?p=11) shall review that [State](/usc/49/5102.md?p=12)’s one-call notification program, including the provisions for the implementation of the program and the record of compliance and enforcement under the program.
  - (2) Based on the review under [paragraph (1)](#b-1), the [Secretary](/usc/49/5102.md?p=11) shall determine whether the [State](/usc/49/5102.md?p=12)’s one-call notification program meets the minimum standards for such a program set forth in [section 6103](/usc/49/6103.md) in order to qualify for a grant under section 6106.
  - (3) In order to expedite compliance under this section, the [Secretary](/usc/49/5102.md?p=11) may consult with the [State](/usc/49/5102.md?p=12) as to whether an existing [State one-call notification program](/usc/49/6102.md?p=2), a specific modification thereof, or a proposed [State](/usc/49/5102.md?p=12) program would result in a positive determination under [paragraph (2)](#b-2).
  - (4) The [Secretary](/usc/49/5102.md?p=11) shall prescribe the form and manner of filing an application under this section that shall provide sufficient information about a [State](/usc/49/5102.md?p=12)’s one-call notification program for the [Secretary](/usc/49/5102.md?p=11) to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the [Secretary](/usc/49/5102.md?p=11) deems necessary.
  - (5) The application of a [State](/usc/49/5102.md?p=12) under [paragraph (1)](#b-1) and the record of actions of the [Secretary](/usc/49/5102.md?p=11) under this section shall be available to the public.
- (c) **Alternative Program.—** A [State](/usc/49/5102.md?p=12) is eligible to receive a grant under [section 6106](/usc/49/6106.md) if the [State](/usc/49/5102.md?p=12) 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.—** The [Secretary](/usc/49/5102.md?p=11) shall include the following information in reports submitted under [section 60124 of this title](/usc/49/60124.md)—
  - (1) a description of the extent to which each [State](/usc/49/5102.md?p=12) has adopted and implemented the minimum Federal standards under [section 6103](/usc/49/6103.md) or maintains an alternative program under [subsection (c)](#c);
  - (2) an analysis by the [Secretary](/usc/49/5102.md?p=11) of the overall effectiveness of each [State](/usc/49/5102.md?p=12)’s one-call notification program and the [one-call notification systems](/usc/49/6102.md?p=1) operating under such program in achieving the purposes of this chapter;
  - (3) the impact of each [State](/usc/49/5102.md?p=12)’s decisions on the extent of required participation in [one-call notification systems](/usc/49/6102.md?p=1) on prevention of damage to underground facilities; and
  - (4) areas where improvements are needed in [one-call notification systems](/usc/49/6102.md?p=1) in operation in each [State](/usc/49/5102.md?p=12).

  The report shall also include any recommendations the [Secretary](/usc/49/5102.md?p=11) determines appropriate. If the [Secretary](/usc/49/5102.md?p=11) determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be required.


## Source credit

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

## Notes

### Editorial Notes

### References in Text

The date of the enactment of this chapter, referred to in subsec. (a), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.

### Amendments

2002—Subsec. (d). Pub. L. 107–355 substituted “The Secretary shall” for “Within 3 years after the date of the enactment of this chapter, the Secretary shall begin to” in introductory provisions.