49-U.S.C.-22101
§22101 – Financial Assistance For State Projects
Pathway
Title 49 > Subtitle V > Part B > Chapter 221 > Section 22101
Details
- Reference: Section 22101
- Legend: §22101 – Financial Assistance For State Projects
- USCode Year: 2013
Provision Content
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 894; Pub. L. 104–88, title III, §308(f)(1), (2), Dec. 29, 1995, 109 Stat. 947.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22101(a) | 49 App.:1654(b). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(b), (c), (n)–(p); 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, 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.
U.S. Encyclopedia of Law Coverage
49-U.S.C.-21108 in the Legal Encyclopedia: Transportation
In this entry about 49-U.S.C.-21108, find legal reference material, bibliographies and premiere content related to transportation in the American Encyclopedia of Law, presenting a comprehensive view of the United States transportation-specific issues, written by authorities in the field.
49-U.S.C.-21107 in the Legal Encyclopedia: Transport Programs
In this entry about 49-U.S.C.-21107, find legal reference material, bibliographies and premiere content related to transport programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States transport programs-specific issues, written by authorities in the field.
49-U.S.C.-21302 in the Legal Encyclopedia: Rail Programs
In this entry about 49-U.S.C.-21302, find legal reference material, bibliographies and premiere content related to rail programs in the American Encyclopedia of Law, presenting a comprehensive view of the United States rail programs-specific issues, written by authorities in the field.
Leave a Reply