Title 49 — Transportation
Chapter 601 — Safety
§ 60107. State pipeline safety grants
Statutory text
General Authority.—
If a State authority files an application not later than September 30 of a calendar year, the Secretary of Transportation shall pay not more than 80 percent of the cost of the personnel, equipment, and activities the authority reasonably requires during the next calendar year—
to carry out a safety program under a certification under section 60105 of this title or an agreement under section 60106 of this title; or
to act as an agent of the Secretary on interstate gas pipeline facilities or interstate hazardous liquid pipeline facilities.
Payments.—
After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program, except when the Secretary waives this requirement.
Apportionment and Method of Payment.—
The Secretary shall apportion the amount appropriated to carry out this section among the States. A payment may be made under this section in installments, in advance, or on a reimbursable basis.
Additional Authority and Considerations.—
The Secretary may prescribe—
the form of, and way of filing, an application under this section;
reporting and fiscal procedures the Secretary considers necessary to ensure the proper accounting of money of the Government; and
qualifications for a State to meet to receive a payment under this section, including qualifications for State employees who perform inspection activities under section 60105 or 60106 of this title.
The qualifications prescribed under paragraph (1)(C) of this subsection may—
consider the experience and training of the employee;
order training or other requirements; and
provide for approval of qualifications on a conditional basis until specified requirements are met.
Repurposing of Funds.—
If a State program’s certification is rejected under section 60105(f) or such program is otherwise suspended or interrupted, the Secretary may use any undistributed, deobligated, or recovered funds authorized under this section to carry out pipeline safety activities for that State within the period of availability for such funds.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 60107
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1311
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1311Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Accountable Pipeline Safety and Partnership Act of 1996
Pub. L. 104–304 § 20(c) · 110 Stat. 3793
Substituted · 49 U.S.C. § 60107
Pub. L. 104–304 substituted “State pipeline safety grants” for “State grants” in section catchline
Source evidence
Code amendment note
Pub. L. 104–304 substituted “State pipeline safety grants” for “State grants” in section catchline.Enacted provision · exact public law section
(c) Section 60107.— The heading for section 60107 is amended by inserting “pipeline safety” after “State”.Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006
Pub. L. 109–468 § 2(c) · 120 Stat. 3486
Substituted · 49 U.S.C. § 60107(a)
Pub. L. 109–468, § 2(c), substituted “not more than 80 percent” for “not more than 50 percent” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–468, § 2(c), substituted “not more than 80 percent” for “not more than 50 percent” in introductory provisions.Enacted provision · exact public law section
(c) State Pipeline Safety Grants.— Section 60107(a) is amended by striking “not more than 50 percent” and inserting “not more than 80 percent”.Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006
Pub. L. 109–468 § 2(d) · 120 Stat. 3486
Substituted · 49 U.S.C. § 60107(b)
Pub. L. 109–468, § 2(d), substituted “spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement.” for “spent—
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–468, § 2(d), substituted “spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement.” for “spent—“(1) for a gas safety program, for the fiscal years that ended June 30, 1967, and June 30, 1968; and “(2) for a hazardous liquid safety program, for the fiscal years that ended September 30, 1978, and September 30, 1979.”
Enacted provision · exact public law section
(d) Maintenance of Effort.— Section 60107(b) is amended by striking “spent—” and all that follows and inserting “spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement.”.Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
Pub. L. 112–90 § 19 · 125 Stat. 1904
Inserted · 49 U.S.C. § 60107(b)
Pub. L. 112–90 inserted at end “For each of fiscal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can demonstrate an inability to maintain or increase the required funding share of its safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration described in the preceding sentence.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 112–90 inserted at end “For each of fiscal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can demonstrate an inability to maintain or increase the required funding share of its safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration described in the preceding sentence.”Enacted provision · exact public law section
SEC. 19. MAINTENANCE OF EFFORT. Section 60107(b) is amended by adding at the end the following: “For each of fiscal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can demonstrate an inability to maintain or increase the required funding share of its safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration described in the preceding sentence.”.Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016
Pub. L. 114–183 § 17(1) · 130 Stat. 514
Added · 49 U.S.C. § 60107(b)
Pub. L. 114–183, § 17(1), added subsec. (b)
Struck · 49 U.S.C. § 60107(b)
Pub. L. 114–183, § 17(1), struck out former subsec. (b). Prior to amendment, text read as follows: “After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program and that the total State amount spent for a safety program (excluding grants of the United States Government) will at least equal the average amount spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement. For each of fiscal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can demonstrate an inability to maintain or increase the required funding share of its safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration described in the preceding sentence.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 114–183, § 17(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program and that the total State amount spent for a safety program (excluding grants of the United States Government) will at least equal the average amount spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement. For each of fiscal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can demonstrate an inability to maintain or increase the required funding share of its safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration described in the preceding sentence.”Enacted provision · exact public law section
(1) by striking subsection (b) and inserting the following: “(b) Payments.— After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program, except when the Secretary waives this requirement.” ; andProtecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016
Pub. L. 114–183 § 17(2) · 130 Stat. 514
Added · 49 U.S.C. § 60107(e)
Pub. L. 114–183, § 17(2), added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 114–183, § 17(2), added subsec. (e).Enacted provision · exact public law section
(2) by adding at the end the following: “(e) Repurposing of Funds.— If a State program’s certification is rejected under section 60105(f) or such program is otherwise suspended or interrupted, the Secretary may use any undistributed, deobligated, or recovered funds authorized under this section to carry out pipeline safety activities for that State within the period of availability for such funds.” .
8 of 8 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 60107(a) | 49 App.:1674(d)(1) (1st sentence). | Aug. 12, 1968, Pub. L. 90–481, § 5(d)(1), (3), (4), 82 Stat. 724; Aug. 22, 1972, Pub. L. 92–401, § 2, 86 Stat. 616; Aug. 30, 1974, Pub. L. 93–403, § 2, 88 Stat. 802; Nov. 30, 1979, Pub. L. 96–129, § 103(b)(2)(B), 93 Stat. 991. |
| 49 App.:2004(d)(1) (1st sentence). | Nov. 30, 1979, Pub. L. 96–129, § 205(d)(1), (3), (4), 93 Stat. 1008. | |
| 60107(b) | 49 App.:1674(d)(1) (2d, last sentences). | |
| 49 App.:2004(d)(1) (2d, last sentences). | ||
| 60107(c) | 49 App.:1674(d)(2). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 5(d)(2); added Aug. 30, 1974, Pub. L. 93–403, § 2, 88 Stat. 802; Nov. 30, 1979, Pub. L. 96–129, §§ 103(b)(2)(B), 109(h)(3), 93 Stat. 991, 996; Apr. 7, 1986, Pub. L. 99–272, § 7002(b)(1), 100 Stat. 139. |
| 49 App.:1674(d)(3). | ||
| 49 App.:2004(d)(2). | Nov. 30, 1979, Pub. L. 96–129, § 205(d)(2), 93 Stat. 1008; Apr. 7, 1986, Pub. L. 99–272, § 7002(b)(2), 100 Stat. 139. | |
| 49 App.:2004(d)(3). | ||
| 60107(d) (1)(A), (B) | 49 App.:1674(d)(4). | |
| 49 App.:2004(d)(4). | ||
| 60107(d) (1)(C), (2) | 49 App.:1674(d)(5). | Aug. 12, 1968, Pub. L. 90–481, 82 Stat. 720, § 5(d)(5); added Oct. 31, 1988, Pub. L. 100–561, § 104, 102 Stat. 2807. |
| 49 App. 2004(d)(5). | Nov. 30, 1979, Pub. L. 96–129, 93 Stat. 989, § 205(d)(5); added Oct. 31, 1988, Pub. L. 100–561, § 204, 102 Stat. 2811. | |
In subsection (a), before clause (1), the words “Except as otherwise provided in this section” and “out of funds appropriated or otherwise made available” are omitted as surplus.
In subsection (b), before clause (1), the word “payment” is substituted for “funds” for clarity. The words “the total State amount spent” are substituted for “the aggregate expenditures of funds for the State”, and the words “at least equal the average amount spent” are substituted for “be maintained at a level which does not fall below the average level of such expenditures”, to eliminate unnecessary words. In clause (1), the words “that ended , and ” are substituted for “last two . . . preceding ” for clarity. In clause (2), the words “that ended , and ” are substituted for “last two . . . preceding ” for clarity.
In subsection (c), the words “the Federal grants-in-aid provisions of”, “for payments to aid in the conduct of pipeline safety programs in accordance with paragraph (1) of this subsection”, and “with necessary adjustments on account of overpayments and underpayments” are omitted as surplus.
In subsection (d)(1), before clause (A), the word “prescribe” is substituted for “by regulation, provide for” and “establish by regulation” for consistency in the revised title and with other titles of the United States Code. In clause (C), the words “to receive a payment under this section” are substituted for “in order to participate in the pipeline safety grant program under this subsection”, and the words “under section 60105 or 60106 of this title” are substituted for “pursuant to either an annual certification by a State agency or an agreement relating to inspection between a State agency and the Secretary”, to eliminate unnecessary words.
In subsection (d)(2), before clause (A), the words “qualifications prescribed” are substituted for “regulations” for clarity and consistency.
Editorial Notes
Amendments1996–2016 · 4 rounds
2016
Subsec. (b). Pub. L. 114–183, § 17(1), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “After notifying and consulting with a State authority, the Secretary may withhold any part of a payment when the Secretary decides that the authority is not carrying out satisfactorily a safety program or not acting satisfactorily as an agent. The Secretary may pay an authority under this section only when the authority ensures the Secretary that it will provide the remaining costs of a safety program and that the total State amount spent for a safety program (excluding grants of the United States Government) will at least equal the average amount spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement. For each of fiscal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can demonstrate an inability to maintain or increase the required funding share of its safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration described in the preceding sentence.”
Subsec. (e). Pub. L. 114–183, § 17(2), added subsec. (e).
2012
Subsec. (b). Pub. L. 112–90 inserted at end “For each of fiscal years 2012 and 2013, the Secretary shall grant such a waiver to a State if the State can demonstrate an inability to maintain or increase the required funding share of its safety program at or above the level required by this subsection due to economic hardship in that State. For fiscal year 2014, and each fiscal year thereafter, the Secretary may grant such a waiver to a State if the State can make the demonstration described in the preceding sentence.”
2006
Subsec. (a). Pub. L. 109–468, § 2(c), substituted “not more than 80 percent” for “not more than 50 percent” in introductory provisions.
Subsec. (b). Pub. L. 109–468, § 2(d), substituted “spent for gas and hazardous liquid safety programs for the 3 fiscal years prior to the fiscal year in which the Secretary makes the payment, except when the Secretary waives this requirement.” for “spent—
“(1) for a gas safety program, for the fiscal years that ended , and ; and
“(2) for a hazardous liquid safety program, for the fiscal years that ended , and .”
1996
Pub. L. 104–304 substituted “State pipeline safety grants” for “State grants” in section catchline.
Credits
1994–2016 · 5 acts
- 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1311
- 1996Pub. L. 104–304, § 20(c), , 110 Stat. 3804
- 2006Pub. L. 109–468, § 2(c), (d), , 120 Stat. 3489
- 2012Pub. L. 112–90, § 19, , 125 Stat. 1916
- 2016Pub. L. 114–183, § 17, , 130 Stat. 526.
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 1311; Pub. L. 104–304, § 20(c), , 110 Stat. 3804; Pub. L. 109–468, § 2(c), (d), , 120 Stat. 3489; Pub. L. 112–90, § 19, , 125 Stat. 1916; Pub. L. 114–183, § 17, , 130 Stat. 526.)