US (United States) Code. Title 49. Subtitle V: Rail programs. Part B. Chapter 221: Local rail freight assistance

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART B - ASSISTANCE

CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-HEAD-

CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-MISC1-

Sec.

22101. Financial assistance for State projects.

22102. Eligibility.

22103. Applications.

22104. State rail plan financing.

22105. Sharing project costs.

22106. Limitations on financial assistance.

22107. Records, audits, and information.

22108. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 302, 306 of this title.

-End-

-CITE-

49 USC Sec. 22101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART B - ASSISTANCE

CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-HEAD-

Sec. 22101. Financial assistance for State projects

-STATUTE-

(a) General. - The Secretary of Transportation shall provide

financial assistance to a State, as provided under this chapter,

for a rail freight assistance project of the State when a rail

carrier subject to part A of subtitle IV of this title maintains a

rail line in the State. The assistance is for the cost of -

(1) acquiring, in any way the State considers appropriate, an

interest in a rail line or rail property to maintain existing, or

to provide future, rail freight transportation, but only if the

Surface Transportation Board has authorized, or exempted from the

requirements of that authorization, the abandonment of, or the

discontinuance of rail transportation on, the rail line related

to the project;

(2) improving and rehabilitating rail property on a rail line

to the extent necessary to allow adequate and efficient rail

freight transportation on the line, but only if the rail carrier

certifies that the rail line related to the project carried not

more than 5,000,000 gross ton-miles of freight a mile in the

prior year; and

(3) building rail or rail-related facilities (including new

connections between at least 2 existing rail lines, intermodal

freight terminals, sidings, bridges, and relocation of existing

lines) to improve the quality and efficiency of the rail freight

transportation, but only if the rail carrier certifies that the

rail line related to the project carried not more than 5,000,000

gross ton-miles of freight a mile in the prior year.

(b) Calculating Cost-Benefit Ratio. - The Secretary shall

establish a methodology for calculating 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 section, is more than 1.0.

(2) If the rail carrier that provided the transportation on the

rail line is no longer in existence, 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 expectation 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 under

this chapter may be provided in a fiscal year for any one project.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 894; Pub. L.

104-88, title III, Sec. 308(f)(1), (2), Dec. 29, 1995, 109 Stat.

947.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

22101(a) 49 App.:1654(b). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

5(b), (c), (n)-(p); added

Feb. 5, 1976, Pub. L.

94-210, Sec. 803, 90 Stat.

130; Nov. 8, 1978, Pub. L.

95-607, Secs. 102- 106(a),

107-109(a), 92 Stat. 3059,

3062; Oct. 12, 1979, Pub. L.

96-86, Sec. 115(b), 93 Stat.

662; Aug. 13, 1981, Pub. L.

97-35, Secs. 1191, 1192, 95

Stat. 699; Jan. 14, 1983,

Pub. L. 97-468, Sec. 501, 96

Stat. 2551; Apr. 7, 1986,

Pub. L. 99-272, Sec. 4018,

100 Stat. 111; restated Dec.

11, 1989, Pub. L. 101-213,

Sec. 2(a), (c), 103 Stat.

1843, 1844, 1848.

49 App.:1654(p).

22101(b) 49 App.:1654(n).

22101(c) 49 App.:1654(c).

22101(d) 49 App.:1654(o).

--------------------------------------------------------------------

In this chapter, the word "transportation" is substituted for

"service" for consistency in the revised title.

In subsection (a), before clause (1), the words "when a rail

carrier . . . maintains a rail line in the State" are substituted

for "As used in this section, the term 'State' means any State in

which a rail carrier providing transportation . . . maintains any

line of railroad" because of the restatement. The words "the

jurisdiction of the Interstate Commerce Commission" are omitted as

unnecessary because of 49:ch. 105. In clause (1), the words "by

purchase, lease" are omitted as being included in "in any way the

State considers appropriate" to eliminate unnecessary words.

In subsection (b), the words "no later than July 1, 1990" are

omitted as executed.

In subsection (c)(1), before clause (A), the words "Assistance

for a project shall be provided under this chapter only if" are

substituted for "No project shall be provided rail freight

assistance under this section unless" because of the restatement.

In subsection (c)(2), the words "If the rail carrier that

provided the transportation on the rail line" are substituted for

"In a case where the railroad", and the words "information required

by the certification under paragraph (1)(A) of this subsection" are

substituted for "such information", for clarity.

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-88 substituted "part A of

subtitle IV" for "subchapter I of chapter 105" in introductory

provisions and "Surface Transportation Board" for "Interstate

Commerce Commission" in par. (1).

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 22103, 22104, 22105 of

this title.

-End-

-CITE-

49 USC Sec. 22102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART B - ASSISTANCE

CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-HEAD-

Sec. 22102. Eligibility

-STATUTE-

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-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 895.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

22102 49 App.:1654(a). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

5(a); added Feb. 5, 1976,

Pub. L. 94-210, Sec. 803, 90

Stat. 130; Nov. 8, 1978,

Pub. L. 95-607, Secs.

102-106(a), 107-109(a), 92

Stat. 3059, 3062; Oct. 12,

1979, Pub. L. 96-86, Sec.

115(b), 93 Stat. 662; Aug.

13, 1981, Pub. L. 97-35,

Secs. 1191, 1192, 95 Stat.

699; Jan. 14, 1983, Pub. L.

97-468, Sec. 501, 96 Stat.

2551; Apr. 7, 1986, Pub. L.

99-272, Sec. 4018, 100 Stat.

111; restated Dec. 11, 1989,

Pub. L. 101-213, Sec. 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 authority and administrative jurisdiction" to

eliminate unnecessary 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 "maintain".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 22104, 22301 of this

title; title 7 section 3703.

-End-

-CITE-

49 USC Sec. 22103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART B - ASSISTANCE

CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-HEAD-

Sec. 22103. Applications

-STATUTE-

(a) Filing. - A State must file an application with the Secretary

of Transportation for financial assistance for a project described

under section 22101(a) of this title not later than January 1 of

the fiscal year for which amounts have been appropriated. However,

for a fiscal year for which the authorization of appropriations for

assistance under this chapter has not been enacted by the first day

of the fiscal year, the State must file the application not later

than 90 days after the date of enactment of a law authorizing the

appropriations for that fiscal year. The Secretary shall prescribe

the form of the application.

(b) Considerations. - In considering an application under this

subsection, the Secretary shall consider the following:

(1) the percentage of rail lines that rail carriers have

identified to the Surface Transportation Board for abandonment or

potential abandonment in the State.

(2) the likelihood of future abandonments in the State.

(3) the ratio of benefits to costs for a proposed project

calculated using the methodology established under section

22101(b) of this title.

(4) the likelihood that the rail line will continue operating

with assistance.

(5) the impact of rail bankruptcies, rail restructuring, and

rail mergers on the State.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 896; Pub. L.

104-88, title III, Sec. 308(f)(3), Dec. 29, 1995, 109 Stat. 947.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

22103(a) 49 App.:1654(f) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, 80 Stat. 931, Sec.

5(f); added Feb. 5, 1976,

Pub. L. 94-210, Sec. 803, 90

Stat. 130; Nov. 8, 1978,

Pub. L. 95-607, Secs.

102-106(a), 107-109(a), 92

Stat. 3059, 3062; Oct. 12,

1979, Pub. L. 96-86, Sec.

115(b), 93 Stat. 662; Aug.

13, 1981, Pub. L. 97-35,

Secs. 1191, 1192, 95 Stat.

699; Jan. 14, 1983, Pub. L.

97-468, Sec. 501, 96 Stat.

2551; Apr. 7, 1986, Pub. L.

99-272, Sec. 4018, 100 Stat.

111; restated Dec. 11, 1989,

Pub. L. 101-213, Sec. 2(a),

(c), 103 Stat. 1843, 1846.

22103(b) 49 App.:1654(f)

(last sentence).

--------------------------------------------------------------------

In subsection (a), the words "under this chapter" are added for

clarity. The words "a law" are substituted for "legislation" for

consistency in the revised title.

In subsection (b)(3), the words "established by the Secretary"

are omitted as surplus.

In subsection (b)(5), the words "applying for assistance" are

omitted as unnecessary because of the restatement.

AMENDMENTS

1995 - Subsec. (b)(1). Pub. L. 104-88 substituted "Surface

Transportation Board" for "Interstate Commerce Commission".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

-End-

-CITE-

49 USC Sec. 22104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART B - ASSISTANCE

CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-HEAD-

Sec. 22104. State rail plan financing

-STATUTE-

(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 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; 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.

(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 which the amounts were made available are available

to the Secretary for projects meeting the requirements of this

chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 896.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

22104(a) 49 App.:1654(g) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, 80 Stat. 931, Sec.

5(g); added Feb. 5, 1976,

Pub. L. 94-210, Sec. 803, 90

Stat. 130; Nov. 8, 1978,

Pub. L. 95-607, Secs.

102-106(a), 107-109(a), 92

Stat. 3059, 3062; Oct. 12,

1979, Pub. L. 96-86, Sec.

115(b), 93 Stat. 662; Aug.

13, 1981, Pub. L. 97-35,

Secs. 1191, 1192, 95 Stat.

699; Jan. 14, 1983, Pub. L.

97-468, Sec. 501, 96 Stat.

2551; Apr. 7, 1986, Pub. L.

99-272, Sec. 4018, 100 Stat.

111; restated Dec. 11, 1989,

Pub. L. 101-213, Sec. 2(a),

(c), 103 Stat. 1843, 1846.

22104(b) 49 App.:1654(g)

(2d, 3d sentences).

22104(c) 49 App.:1654(g)

(4th, last

sentences).

--------------------------------------------------------------------

In subsection (a)(1), the word "modify" is added for consistency

with 49 App.:1654(a), restated in section 22102 of the revised

title.

In subsection (b), the words "not later than the first day of the

fiscal year for which the amounts are available" are substituted

for "on or before the first day of the fiscal year" for clarity.

In subsection (c), the word "timely" is omitted as unnecessary.

The words "the first 3 months after the end of the fiscal year for

which the amounts were made available" are substituted for "the

expiration of the period described in the previous sentence" for

clarity.

-End-

-CITE-

49 USC Sec. 22105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART B - ASSISTANCE

CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-HEAD-

Sec. 22105. Sharing project costs

-STATUTE-

(a) General. - (1) The United States Government's share of the

costs of financial assistance for a project under this chapter is

50 percent, except that for assistance provided under section

22101(a)(2) of this title, the Government's share is 70 percent.

The State may pay its share of the costs in cash or through the

following benefits, to the extent that the benefits otherwise would

not be provided:

(A) forgiveness of taxes imposed on a rail carrier or its

property.

(B) real and tangible personal property (provided by the State

or a person for the State) necessary for the safe and efficient

operation of rail freight transportation.

(C) track rights secured by the State for a rail carrier.

(D) the cash equivalent of State salaries for State employees

working on the State project, except overhead and general

administrative costs.

(2) A State may pay more than its required percentage share of

the costs of a project under this chapter. When a State, or a

person acting for a State, pays more than the State share of the

costs of its projects during a fiscal year, the excess amount shall

be applied to the State share for the costs of the State projects

for later fiscal years.

(b) Agreements To Combine Amounts. - States may agree to combine

any part of the amounts made available under this chapter to carry

out a project that is eligible for assistance under this chapter

when -

(1) the project will benefit each State making the agreement;

and

(2) the agreement is not a violation of State law.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 897.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

22105(a) 49 App.:1654(e). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

5(e), (j); added Feb. 5,

1976, Pub. L. 94-210, Sec.

803, 90 Stat. 130; Nov. 8,

1978, Pub. L. 95-607, Secs.

102-106(a), 107- 109(a), 92

Stat. 3059, 3062; Oct. 12,

1979, Pub. L. 96-86, Sec.

115(b), 93 Stat. 662; Aug.

13, 1981, Pub. L. 97-35,

Secs. 1191, 1192, 95 Stat.

699; Jan. 14, 1983, Pub. L.

97-468, Sec. 501, 96 Stat.

2551; Apr. 7, 1986, Pub. L.

99-272, Sec. 4018, 100 Stat.

111; restated Dec. 11, 1989,

Pub. L. 101-213, Sec. 2(a),

(c), 103 Stat. 1843, 1845,

1847.

22105(b) 49 App.:1654(j).

--------------------------------------------------------------------

In this section, the words "project" and "projects" are

substituted for "program" for clarity and consistency in this

section.

In subsection (a)(1), before clause (A), the words "financial

assistance for a project under this chapter" are substituted for

"rail freight assistance project" for clarity and consistency in

this chapter. In clause (B), the words "for use in its rail freight

assistance program" are omitted as unnecessary because of the

restatement. In clause (D), the words "State employees" are

substituted for "State public employees" to eliminate an

unnecessary word.

In subsection (b), before clause (1), the words "States may

agree" are substituted for "Two or more States . . . enter into an

agreement" to eliminate unnecessary words.

-End-

-CITE-

49 USC Sec. 22106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART B - ASSISTANCE

CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-HEAD-

Sec. 22106. Limitations on financial assistance

-STATUTE-

(a) Grants and Loans. - A State shall use financial assistance

for projects under this chapter to make a grant or lend money to

the owner of rail property, or a rail carrier providing rail

transportation, related to a project being assisted. The State

shall decide on the financial terms of the grant or loan, except

that the time for making grant advances shall comply with

regulations of the Secretary of the Treasury.

(b) Holding and Use of Government's Share. - The State shall

place the United States Government's share of money that is repaid

in an interest-bearing account. However, the Secretary of

Transportation may allow a borrower to place that money, for the

benefit of the State, in a bank designated by the Secretary of the

Treasury under section 10 of the Act of June 11, 1942 (12 U.S.C.

265). The State shall use the money and accumulated interest to

make other grants and loans under this chapter in the same manner

and under the same conditions as if they were originally granted to

the State by the Secretary of Transportation.

(c) Payment of Unused Money and Accumulated Interest. - The State

may pay the Secretary of Transportation the Government's share of

unused money and accumulated interest at any time. However, the

State must pay the unused money and accumulated interest to the

Secretary when the State ends its participation under this chapter.

(d) Encouraging Participation. - To the maximum extent possible,

the State shall encourage the participation of shippers, rail

carriers, and local communities in paying the State share of

assistance costs.

(e) Retention of Contingent Interest. - Each State shall retain a

contingent interest (redeemable preference shares) for the

Government's share of amounts in a rail line receiving assistance

under this chapter. The State may collect its share of the amounts

used for the rail line if -

(1) an application for abandonment of the rail line is filed

under chapter 109 of this title; or

(2) the rail line is sold or disposed of after it has received

assistance under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 897; Pub. L.

104-287, Sec. 5(55), Oct. 11, 1996, 110 Stat. 3393.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

22106(a) 49 App.:1654(d)(1), Oct. 15, 1966, Pub. L.

(2). 89-670, 80 Stat. 931, Sec.

5(d), (i); added Feb. 5,

1976, Pub. L. 94-210, Sec.

803, 90 Stat. 130; Nov. 8,

1978, Pub. L. 95-607, Secs.

102-106(a), 107- 109(a), 92

Stat. 3059, 3062; Oct. 12,

1979, Pub. L. 96-86, Sec.

115(b), 93 Stat. 662; Aug.

13, 1981, Pub. L. 97-35,

Secs. 1191, 1192, 95 Stat.

699; Jan. 14, 1983, Pub. L.

97-468, Sec. 501, 96 Stat.

2551; Apr. 7, 1986, Pub. L.

99-272, Sec. 4018, 100 Stat.

111; restated Dec. 11, 1989,

Pub. L. 101-213, Sec. 2(a),

(c), 103 Stat. 1843, 1845,

1847.

22106(b) 49 App.:1654(d)(3)

(1st, 2d sentences).

22106(c) 49 App.:1654(d)(3)

(3d, last

sentences).

22106(d) 49 App.:1654(d)(4).

22106(e) 49 App.:1654(i).

--------------------------------------------------------------------

In subsection (a), the words "financial assistance for projects

under this chapter" are substituted for "assistance provided under

subsection (b) of this section" for clarity. The words "rail

carrier providing rail transportation" are substituted for

"operator of rail service" for consistency in the revised title.

The word "conditions" is omitted as being included in "terms". The

words "Secretary of the Treasury" are substituted for "Department

of the Treasury" because of 31:301(b).

In subsection (b), the words "in the same manner and under the

same conditions as if they were originally granted to the State by

the Secretary" are omitted as unnecessary.

In subsection (e)(2), the words "assistance under this chapter"

are substituted for "Federal assistance" for clarity and

consistency in this chapter.

PUB. L. 104-287

This amends 49:22106(b) to clarify the restatement of 49

App.:1654(d)(3) by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 897).

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-287 inserted "in the same manner

and under the same conditions as if they were originally granted to

the State by the Secretary of Transportation" after "under this

chapter".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-287 effective July 5, 1994, see section

8(1) of Pub. L. 104-287, set out as a note under section 5303 of

this title.

-End-

-CITE-

49 USC Sec. 22107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART B - ASSISTANCE

CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-HEAD-

Sec. 22107. Records, audits, and information

-STATUTE-

(a) Records. - Each recipient of financial assistance through an

arrangement under this chapter shall keep records required by the

Secretary of Transportation. The records shall be kept for 3 years

after a project is completed and shall disclose -

(1) the amount of, and disposition by the recipient, of the

assistance;

(2) the total costs of the project for which the assistance was

given or used;

(3) the amount of that part of the costs of the project paid by

other sources; and

(4) any other records that will make an effective audit easier.

(b) Audits. - The Secretary shall make regular financial and

performance audits, as provided under chapter 75 of title 31, of

activities and transactions assisted under this chapter.

(c) Information. - The Surface Transportation Board shall provide

the Secretary with information the Secretary requests to assist in

carrying out this chapter. The Board shall provide the information

not later than 30 days after receiving a request from the

Secretary.

(d) List of Rail Lines. - Not later than August 1 of each year,

each rail carrier subject to part A of subtitle IV of this title

shall submit to the Secretary a list of the rail lines of the

carrier that carried not more than 5,000,000 gross ton-miles of

freight a mile in the prior year.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 898; Pub. L.

104-88, title III, Sec. 308(f)(4), (5), Dec. 29, 1995, 109 Stat.

947; Pub. L. 104-316, title I, Sec. 127(c), Oct. 19, 1996, 110

Stat. 3840.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

22107(a) 49 App.:1654(k)(1). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

5(k)-(m); added Feb. 5,

1976, Pub. L. 94-210, Sec.

803, 90 Stat. 130; Nov. 8,

1978, Pub. L. 95-607, Secs.

102-106(a), 107- 109(a), 92

Stat. 3059, 3062; Oct. 12,

1979, Pub. L. 96-86, Sec.

115(b), 93 Stat. 662; Aug.

13, 1981, Pub. L. 97-35,

Secs. 1191, 1192, 95 Stat.

699; Jan. 14, 1983, Pub. L.

97-468, Sec. 501, 96 Stat.

2551; Apr. 7, 1986, Pub. L.

99-272, Sec. 4018, 100 Stat.

111; restated Dec. 11, 1989,

Pub. L. 101-213, Sec. 2(a),

(c), 103 Stat. 1843, 1847.

22107(b) 49 App.:1654(k)(2),

(3).

22107(c) 49 App.:1654(l).

22107(d) 49 App.:1654(m).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "an arrangement"

are substituted for "whether in the form of grants, subgrants,

contracts, subcontracts, or other arrangements", and the word

"project" is substituted for "project or undertaking", to eliminate

unnecessary words and for consistency in this chapter.

Subsection (b) is substituted for 49 App.:1654(k)(2) and (3)

because of 31:ch. 75.

In subsection (d), the words "Not later than" are substituted for

"On or before" for clarity. The word "submit" is substituted for

"prepare, update, and submit" to eliminate unnecessary words. The

words "based on level of usage" are omitted as surplus.

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-316 struck out "and the

Comptroller General" after "Secretary".

1995 - Subsec. (c). Pub. L. 104-88, Sec. 308(f)(4), substituted

"Surface Transportation Board" for "Interstate Commerce Commission"

and "The Board" for "The Commission".

Subsec. (d). Pub. L. 104-88, Sec. 308(f)(5), substituted "part A

of subtitle IV" for "subchapter I of chapter 105".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

-End-

-CITE-

49 USC Sec. 22108 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART B - ASSISTANCE

CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE

-HEAD-

Sec. 22108. Authorization of appropriations

-STATUTE-

(a) General. - (1) Not more than the following amounts may be

appropriated to the Secretary of Transportation to carry out this

chapter:

(A) $25,000,000 for the fiscal year ending September 30, 1993.

(B) $30,000,000 for the fiscal year ending September 30, 1994.

(2) Amounts appropriated under paragraph (1) of this subsection

remain available until expended.

(3) No amount may be appropriated under this subsection to the

Secretary for any period after September 30, 1994, to carry out

this chapter.

(b) Distribution of Amounts. - The Secretary shall establish

procedures necessary to ensure that amounts available to the

Secretary for projects under this chapter are distributed not later

than April 1 of the fiscal year for which the amounts are

appropriated. If any amounts are not distributed by April 1, the

Secretary shall report to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate on the status

of those amounts and the reasons for the delay in distribution.

(c) Availability of Other Amounts. - Amounts appropriated to

carry out section 5(i) of the Department of Transportation Act for

fiscal year 1990 that are not applied for or that remain

unobligated on January 1, 1991, are available to the Secretary for

projects under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 898; Pub. L.

103-429, Sec. 6(20), Oct. 31, 1994, 108 Stat. 4379; Pub. L.

104-287, Sec. 5(48), Oct. 11, 1996, 110 Stat. 3393.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

22108(a) 49 App.:1654(q). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

5(h), (q); added Feb. 5,

1976, Pub. L. 94-210, Sec.

803, 90 Stat. 130; Nov. 8,

1978, Pub. L. 95-607, Secs.

102-106(a), 107- 109(a), 92

Stat. 3059, 3062; Oct. 12,

1979, Pub. L. 96-86, Sec.

115(b), 93 Stat. 662; Aug.

13, 1981, Pub. L. 97-35,

Secs. 1191, 1192, 95 Stat.

699; Jan. 14, 1983, Pub. L.

97-468, Sec. 501, 96 Stat.

2551; Apr. 7, 1986, Pub. L.

99-272, Sec. 4018, 100 Stat.

111; restated Dec. 11, 1989,

Pub. L. 101-213, Sec. 2(a),

(c), 103 Stat. 1843, 1847,

1848; Sept. 3, 1992, Pub. L.

102-365, Sec. 14, 106 Stat.

980.

22108(b) 49 App.:1654(h).

22108(c) (no source).

--------------------------------------------------------------------

In subsection (a), the words "to carry out this chapter" are

substituted for "for the purposes of this section" and "under this

section" for clarity. The reference to fiscal years 1991 and 1992

is omitted as obsolete.

Subsection (c) is added because section 2(b)(1) of the Local Rail

Service Reauthorizing Act (Public Law 101-213, 103 Stat. 1843)

provided that amounts available for fiscal year 1990 to carry out

section 5(i) of the Department of Transportation Act that were not

applied for or remained unobligated are available to the Secretary

in carrying out projects under this chapter, as in effect on

October 1, 1990.

PUB. L. 103-429

This amends 49:22108(a)(3) to clarify the restatement of 49

App.:1654(q) by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 898).

-REFTEXT-

REFERENCES IN TEXT

Section 5(i) of the Department of Transportation Act, referred to

in subsec. (c), is section 5(i) of Pub. L. 89-670, which was

classified to section 1654(i) of former Title 49, Transportation,

and was repealed and reenacted as section 22106(e) of Title 49,

Transportation, by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994,

108 Stat. 898, 1379.

-MISC2-

AMENDMENTS

1996 - Subsec. (b). Pub. L. 104-287 substituted "Committee on

Transportation and Infrastructure" for "Committee on Energy and

Commerce".

1994 - Subsec. (a)(3). Pub. L. 103-429 inserted "under this

subsection" after "appropriated".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 11th item on page 135 identifies a reporting provision

which, as subsequently amended, is contained in subsec. (b) of this

section), see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 22104 of this title.

-End-