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49 U.S.C. § 22102 — Eligibility
Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 22102
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Stable record: federal_law:legal_authorities:record_usc_ca58eb4a4b388b3168f65049
Source file: Laws/federal/codes/united-states-code/title-49/section-22102-eligibility--28340fc4a5.md
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Passage SHA-256: badb9753de396062d311c486e12508a285ddaaf5a86191aeac851a6d182fa6d7
Source location: Title 49, Chapter 221, § 22102; chapter-221-local-rail-freight-assistance.md
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 22104
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants; requisite provisions of plans**
(1) The Secretary shall, beginning not more than one hundred and eighty days after October 1, 1980, make financial assistance available to any State that makes application therefor, and that otherwise meets the requirements of this section, for the purpose of assisting such State in the development of a subterminal facilities plan (hereinafter in this chapter referred to as the “State plan”) for such State. Assistance under this section shall be made available in the form of a grant. No grant may be made to any State unless the Governor of such State or the appropriate agency of such State makes an application therefor as provided in this section. To the maximum extent practicable, the personnel and resources of the colleges or universities in the State which are eligible to receive funds under the Act of July 2, 1862 ([7 U.S.C. 301–305](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section301–305&num=0&edition=prelim), 307, and 308), or the Act of August 30, 1890 ([7 U.S.C. 321–326](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section321–326&num=0&edition=prelim) and 328), including Tuskegee Institute, shall be utilized in developing the subterminal facilities plan for that State pursuant to this section.
(2) The Secretary may also make grants under this section available to two or more States acting together to develop a coordinated regional subterminal facilities plan (hereinafter in this chapter referred to as the “regional plan”) for such region.
(3) Grants made under this section to any State or region may not exceed 80 per centum of the cost of preparing the State or regional plan.
(4) The State or regional plan shall prescribe in detail the actions such State or region
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 3703
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Federal law — U.S. Code and appendices · legal_authorities
Page 626
TITLE 49—TRANSPORTATION
§ 22102
(b) CALCULATING
COST-BENEFIT
RATIO.—The
Secretary shall establish a methodology for cal-
culating the ratio of benefits to costs of projects
proposed under this chapter. In establishing the
methodology, the Secretary shall consider the
need for equitable treatment of different regions
of the United States and different commodities
transported by rail. The establishment of the
methodology is committed to the discretion of
the Secretary.
(c) CONDITIONS.—(1) Assistance for a project
shall be provided under this chapter only if—
(A) a rail carrier certifies that the rail line
related to the project carried more than 20
carloads a mile during the most recent year
during which transportation was provided by
the carrier on the line; and
(B) the ratio of benefits to costs for the
project, as calculated using the methodology
established under subsection (b) of this sec-
tion, is more than 1.0.
(2) If the rail carrier that provided the trans-
portation on the rail line is no longer in exist-
ence, the applicant for the project shall provide
the information required by the certification
under paragraph (1)(A) of this subsection in the
way the Secretary prescribes.
(3) The Secretary may waive the requirement
of paragraph (1)(A) or (2) of this subsection if the
Secretary—
(A) decides that the rail line has contractual
guarantees of at least 40 carloads a mile for
each of the first 2 years of operation of the
proposed project; and
(B) finds that there is a reasonable expecta-
tion that the contractual guarantees will be
fulfilled.
(d) LIMITATIONS
ON AMOUNTS.—A State may
not receive more than 15 percent of the amounts
provided in a fiscal year under this chapter. Not
more than 20 percent of the amounts available
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 22102
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.