-CITE-
49 USC Sec. 22105 01/26/98
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TITLE 49 - TRANSPORTATION
SUBTITLE V - RAIL PROGRAMS
PART B - ASSISTANCE
CHAPTER 221 - LOCAL RAIL FREIGHT ASSISTANCE
-HEAD-
Sec. 22105. Sharing project costs
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(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.)
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Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at
Large)
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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, 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, 1845,
1847.
22105(b) 49 App.:1654(j).
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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.