Page:United States Statutes at Large Volume 112 Part 1.djvu/507

 PUBLIC LAW 105-178-^rUNE 9, 1998 112 STAT. 481 other interested parties, shall undertake a study of damage prevention practices associated with existing one-call notification systems. "(b) PURPOSE OF STUDY OF DAMAGE PREVENTION PRACTICES.— The purpose of the study is to gather information in order to determine which existing one-call notification systems practices appear to be the most effective in protecting the public, excavators, and the environment and in preventing disruptions to public services and damage to underground facilities. As part of the study, the Secretary shall consider, at a minimum— "(1) the methods used by one-call notification systems and others to encourage participation by excavators and owners of underground facilities; "(2) the methods by which one-call notification systems promote awareness of their programs, including use of public service announcements and educational materials and programs; "(3) the methods by which one-call notification systems receive and distribute information from excavators and underground facility owners; "(4) the use of any performsmce and service standards to verify the effectiveness of a one-call notification system; "(5) the effectiveness and accuracy of mapping used by one-call notification systems; "(6) the relationship between one-csdl notification systems and preventing damage to underground facilities; "(7) how one-call notification systems address the need for rapid response to situations where the need to excavate is urgent; "(8) the extent to which accidents occur due to errors in marking of underground facilities, untimely marking or errors in the excavation process after a one-call notification system has been notified of an excavation; "(9) the extent to which personnel engaged in marking underground facilities may be endangered; "(10) the characteristics of damage prevention programs the Secretary believes could be relevant to the effectiveness of State one-call notification programs; and "(11) the effectiveness of penalties and enforcement activities under State one-call notification programs in obtaining compliance with program requirements. "(c) REPORT.— Within 1 year after the date of the enactment of this chapter, the Secretary shall publish a report identifying those practices of one-call notification systems that are the most and least successful in— "(1) preventing damage to underground facilities; and "(2) providing effective and efficient service to excavators and underground facility operators. The Secretary shall encourage each State and operator of onecall notification programs to adopt and implement those practices identified in the report that the State determines are the most appropriate. "(d) SECRETARIAL DISCRETION. —Prior to undertaking the study described in subsection (a), the Secretary shall determine whether timely information described in subsection (b) is readily available. If the Secretary determines that such information is readily available, the Secretary is not required to carry out the study.

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