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49 U.S.C. § 22104 — State rail plan financing

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 22104 — State rail plan financing

**(a) Entitlement and Uses.—** On the first day of each fiscal year, each State is entitled to $36,000 of the amounts made available under section 22108 11 See References in Text note below. of this title during that fiscal year to be used— (1) to establish, update, revise, and modify the State plan required by [section 22102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section22102&num=0&edition=prelim); or (2) to carry out projects described in section 22101(a)(1), (2), or (3) of this title, as designated by the State, if those projects meet the requirements of [section 22101(c)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section22101/c/1/B&num=0&edition=prelim). **(b) Applications.—** Each State must apply for amounts under this section not later than the first day of the fiscal year for which the amounts are available. However, for any fiscal year for which the authorization of appropriations for financial assistance under this chapter has not been enacted by the first day of the fiscal year, the State must apply for amounts under this section not later than 60 days after the date of enactment of a law authorizing the appropriations for that fiscal year. Not later than 60 days after receiving an application, the Secretary of Transportation shall consider the application and notify the State of the approval or disapproval of the application. **(c) Availability of Amounts.—** Amounts provided under this section remain available to a State for obligation for the first 3 months after the end of the fiscal year for which the amounts were made available. Amounts not applied for under this section or that remain unobligated after the first 3 months after the end of the fiscal year for

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Source location: Title 49, Chapter 221, § 22104; chapter-221-local-rail-freight-assistance.md

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 22108 — Repealed. Pub. L. 114–94, div. A, title XI, § 11301(c)(4), Dec. 4, 2015, 129 Stat. 1648]

### Statutory Notes Section, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 898; Pub. L. 103–429, § 6(20), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–287, § 5(48), Oct. 11, 1996, 110 Stat. 3393, related to authorization of appropriations. #### Effective Date of Repeal Repeal by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under [section 5313 of Title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim), Government Organization and Employees.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 22102 — Eligibility

A State is eligible to receive financial assistance under this chapter only when the State complies with regulations the Secretary of Transportation prescribes under this chapter and the Secretary decides that— (1) the State has an adequate plan for rail transportation in the State and a suitable process for updating, revising, and modifying the plan; (2) the State plan is administered or coordinated by a designated State authority and provides for a fair distribution of resources; (3) the State authority— (A) is authorized to develop, promote, supervise, and support safe, adequate, and efficient rail transportation; (B) employs or will employ sufficient qualified and trained personnel; (C) maintains or will maintain adequate programs of investigation, research, promotion, and development with opportunity for public participation; and (D) is designated and directed to take all practicable steps (by itself or with other State authorities) to improve rail transportation safety and reduce energy use and pollution related to transportation; and (4) the State has ensured that it maintains or will maintain adequate procedures for financial control, accounting, and performance evaluation for the proper use of assistance provided by the United States Government.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 22104 — State rail plan financing

Page 627 TITLE 49—TRANSPORTATION § 22104 1 See References in Text note below. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 895.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 22102 .......... 49 App.:1654(a). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(a); added Feb. 5, 1976, Pub. L. 94–210, § 803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§ 102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, § 115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§ 1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, § 501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, § 4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, § 2(a), (c), 103 Stat. 1843, 1844. In this section, before clause (1), the words ‘‘and the Secretary decides that’’ are substituted for ‘‘and the Secretary determines that such State meets or exceeds the requirements of paragraphs (1) through (4) of this subsection’’ to eliminate unnecessary words. In clauses (2) and (3), the word ‘‘authority’’ is substituted for ‘‘agency’’ for consistency in the revised title. In clause (2), the word ‘‘fair’’ is substituted for ‘‘equitable’’ for consistency in the revised title. In clause (3)(A), the words ‘‘is authorized’’ are substituted for ‘‘has author- ity and administrative jurisdiction’’ to eliminate un- necessary words. In clause (3)(B), the words ‘‘directly or indirectly’’ are omitted as surplus. In clause (4), the word ‘‘adopt’’ is omitted as being included in ‘‘main- tain’’. § 22103. Applications (a) FILING.—A State must file an application with the Secretary of Transportation for finan- cial assistance for a project described under sec- tion 22101(a) of this title not later than January 1

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