[Congressional Record Volume 143, Number 143 (Wednesday, October 22, 1997)]
[Senate]
[Pages S10947-S10948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ONE-CALL NOTIFICATION

  Mr. FORD. Mr. President, I would like to clarify the intent of a 
portion of the Commerce Committee's ISTEA amendment that deals with 
State one-call (``call-before-you-dig'') programs. I'm interested in 
this language as it relates to the treatment of railroads. I understand 
that the provisions proposed to be added to the ISTEA legislation are 
the same as the provisions of S. 1115, the ``Comprehensive One-Call 
Notification Act of 1997.''
  The Leader, together with the Minority Leader, introduced this bill 
as S. 1115 in July, and the Committee on Commerce, Science and 
Transportation already held a hearing on this bill in September.
  Mr. LOTT. Senator Ford is correct. Thank you for focusing attention 
on this important safety aspect of the amendment. Our country 
increasingly depends on a reliable, safe, dependable underground 
infrastructure of pipelines and communications networks. To protect 
these facilities against damage from excavation activities, States have 
developed one-call programs. These programs notify facility owners of 
imminent excavation in the vicinity of those facilities. The owners can 
then mark the location of those facilities, protecting both the 
facilities and the excavator. My legislative goal is to augment and 
improve the effectiveness of these State programs.
  Mr. FORD. Does the legislation impose mandates on States and require 
them to change their programs?
  Mr. LOTT. The answer is an emphatic ``no.'' The legislation does not 
impose any federal mandate on the States to modify their existing one-
call programs. The bill does not dictate the content of these programs 
from Washington. Period. The legislation does, however, encourage 
States to improve their programs, and it makes funding available for 
that purpose.
  To be eligible for the funding, the State programs must meet certain 
minimum standards, but even those standards are performance-based, not 
prescriptive.
  Frankly, legislation that contained a federal mandate for a one-call 
system was tried a few years ago, and it failed. There were endless 
fights over how the bill should be written precisely due to the fact 
that there are indeed 50 differing perceptions. Valid perceptions and 
experiences which match up to the many programs already in existence. 
This year, this mistake was avoided with this legislative approach--no 
mandates. And I am pleased to say that is why it enjoys broad support 
on both sides of the aisle.
  In fact, at the conclusion of my remarks, I will ask unanimous 
consent to have printed in the Record a letter from Secretary of 
Transportation Slater, dated October 16, recognizing the importance of 
including one-call legislation as part of the reauthorization of the 
ISTEA legislation.
  Mr. FORD. Among the minimum standards required for a program to be 
eligible for federal assistance is the requirement for ``appropriate 
participation by all excavators.'' However, the bill does not define 
these terms. Isn't that going to lead to a variety of inconsistent 
outcomes?
  Mr. LOTT. What I have found is that there is not one single one-call 
definition that applies equally to all 50 States. The various State 
laws on the books have certain elements in common, but there are just 
as many differences, and those differences often are appropriate. 
Montana will not need the same law as Mississippi. For that reason, the 
bill allows States flexibility by not mandating a single definition 
written in Washington.

[[Page S10948]]

  Mr. FORD. While there is not a definition of ``excavation'' in the 
bill, some definitions in other bills on this subject would have 
covered routine railroad maintenance. I am concerned that railroads 
might be required to participate in a program that places an undue 
burden on activities that pose little threats to underground 
facilities. How would the bill before us affect this matter?
  Mr. LOTT. Again, I say to Senator Ford, the bill does not require 
States to change their existing programs. So it would not change the 
way railroads are treated under any existing State laws. I understand 
about 30 States laws now cover at least some railroad activities while 
about 10 specifically exempt railroads from coverage. The bill will not 
change the exemption in these States. Will not. The fact that 30 States 
have chosen to include railroads within their programs suggests that at 
least in these instances, State legislatures determined that some 
potential threat to underground facilities from railroad activity does 
exist. Again, this bill in and of itself will not require a change in 
how the railroad activity is treated. Will not.
  However, I want to reiterate that what is appropriate for one State 
may not be appropriate for another. To receive Federal assistance under 
the bill, a State must only demonstrate that its program covers those 
excavators whose action poses a significant risk to underground 
facilities.
  The State's decisions will not be measured and second-guessed against 
a national standard.
  Mr. FORD. Railroads also raised the issue of whether it is 
appropriate to require them to participate in one-call systems as 
``underground operators'' because railroads own their right-of-ways and 
know the location of their own facilities within those right-of-ways.
  Mr. LOTT. Again, if States do not now require railroads to 
participate as operators of underground facilities, then there still is 
no provision in the bill that would change that status. Remember, no 
mandates. Most State programs do not require participation by persons 
whose underground facilities lie within their own property like a gas 
station. The bill in no way discourages States from continuing such 
common sense exclusions.
  Mr. FORD. The railroads also urged Congress to provide for immediate 
response in the case of derailments and natural disasters. Does the 
bill address this issue?
  Mr. LOTT. Again, this bill neither specifies or directs the details 
of a State program nor does it override existing State programs. All of 
the State programs of which I am aware allow for an immediate response 
in the event of an emergency. And this bill does not change this 
situation.
  Mr. FORD. Finally, the railroad industry expressed concern that the 
bill could possibly interfere with the right-of-way agreements 
companies have negotiated between themselves. Can this concern be 
addressed?
  Mr. LOTT. I want to personally assure Senator Ford that this bill 
does not override private contracts, just as it does not override 
existing State programs. If expert opinions believe doubt is created 
than I will offer an amendment to remove this consequence.
  Mr. FORD. I thank the Leader for his clarifications regarding this 
legislation.
  Mr. LOTT. Mr. President, I ask unanimous consent that the letter from 
Secretary Slater be printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                              The Secretary of Transportation,

                                 Washington, DC, October 16, 1997.
     Hon. Trent Lott,
     Majority Leader,
     U.S. Senate, Washington, DC.
       Dear Senator Lott: Thank you for your continued support in 
     developing legislation to enhance protection of America's 
     underground utilities.
       As you know, safety is the Department of Transportation's 
     highest priority. Prevention of damage to underground 
     facilities, including pipelines and telecommunications 
     cables, is a key departmental safety initiative. That is why 
     we included one-call legislation as part of the 
     Administration's proposal to reauthorize the Intermodal 
     Surface Transportation Efficiency Act (ISTEA).
       Your continued leadership on one-call issues is critical to 
     enacting legislation during this Congress. I am pleased that 
     our respective bills share the same fundamental principles: 
     that all underground facility operators must participate in 
     one-call systems and that, with very limited exceptions, all 
     excavators must call before they dig. I look forward to 
     working with you to enact this important legislation.
       Please do not hesitate to contact me or Mr. Steven O. 
     Palmer, Assistant Secretary for Governmental Affairs, at 202-
     366-4573, if you have any questions or concerns.
           Sincerely,
     Rodney E. Slater.

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