2014 US Code
Title 49 - Transportation (Sections 101 - 80504)
Subtitle V - Rail Programs (Sections 20101 - 28505)
Part B - Assistance (Sections 22101 - 22706)
Chapter 221 - Local Rail Freight Assistance (Sections 22101 - 22108)
Sec. 22103 - Applications
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 49 - TRANSPORTATION |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 49 - TRANSPORTATION SUBTITLE V - RAIL PROGRAMS PART B - ASSISTANCE CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE Sec. 22103 - Applications |
| Contains | section 22103 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 896; Pub. L. 104-88, title III, §308(f)(3), Dec. 29, 1995, 109 Stat. 947. |
| Statutes at Large References | 80 Stat. 931 90 Stat. 130 92 Stat. 3059 93 Stat. 662 95 Stat. 699 96 Stat. 2551 100 Stat. 111 103 Stat. 1843 108 Stat. 896 109 Stat. 947 |
| Public and Private Laws | Public Law 89-670, Public Law 94-210, Public Law 95-607, Public Law 96-86, Public Law 97-35, Public Law 97-468, Public Law 99-272, Public Law 101-213, Public Law 103-272, Public Law 104-88 |
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(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 896; Pub. L. 104–88, title III, §308(f)(3), Dec. 29, 1995, 109 Stat. 947.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 22103(a) | 49 App.:1654(f) (1st sentence). | Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §5(f); 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, 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.
AMENDMENTS1995—Subsec. (b)(1). Pub. L. 104–88 substituted "Surface Transportation Board" for "Interstate Commerce Commission".
EFFECTIVE DATE OF 1995 AMENDMENTAmendment 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.
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