Chief Counsel
-CITE-
49 USC Sec. 22104 01/26/98
-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
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Revised Section Source (U.S. Code) Source (Statutes at
Large)
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22104(a) 49 App.:1654(g) (1st Oct. 15, 1966, Pub.
sentence). L. 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,
Sec. 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, Sec.
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).
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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.