49 U.S.C. § 60107

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 60107 - State pipeline safety grants

(a) 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-

(1) 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

(2) to act as an agent of the Secretary on interstate gas pipeline facilities or interstate hazardous liquid pipeline facilities.

(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.

(c) 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.

(d) ADDITIONAL AUTHORITY AND CONSIDERATIONS.-

(1) The Secretary may prescribe-

(A) the form of, and way of filing, an application under this section;

(B) reporting and fiscal procedures the Secretary considers necessary to ensure the proper accounting of money of the Government; and

(C) 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.

(2) The qualifications prescribed under paragraph (1)(C) of this subsection may-

(A) consider the experience and training of the employee;

(B) order training or other requirements; and

(C) provide for approval of qualifications on a conditional basis until specified requirements are met.

(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.

49 U.S.C. § 60107

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1311; Pub. L. 104-304, §20(c), Oct. 12, 1996, 110 Stat. 3804; Pub. L. 109-468, §2(c), (d), Dec. 29, 2006, 120 Stat. 3489; Pub. L. 112-90, §19, Jan. 3, 2012, 125 Stat. 1916; Pub. L. 114-183, §17, June 22, 2016, 130 Stat. 526.

HISTORICAL AND REVISION NOTE
Revised Section	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 June 30, 1967, and June 30, 1968" are substituted for "last two . . . preceding August 12, 1968" for clarity. In clause (2), the words "that ended September 30, 1978, and September 30, 1979" are substituted for "last two . . . preceding November 30, 1979" 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

AMENDMENTS2016-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 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."1996- Pub. L. 104-304 substituted "State pipeline safety grants" for "State grants" in section catchline.

Secretary

"Secretary" means the Secretary of Transportation; and

State

"State" means a State of the United States, the District of Columbia, and Puerto Rico;

gas

"gas" means natural gas, flammable gas, or toxic or corrosive gas;