
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC20105]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                             PART A--SAFETY
 
                          CHAPTER 201--GENERAL
 
                          SUBCHAPTER I--GENERAL
 
Sec. 20105. State participation

    (a) Investigative and Surveillance Activities.--The Secretary of 
Transportation may prescribe investigative and surveillance activities 
necessary to enforce the safety regulations prescribed and orders issued 
by the Secretary that apply to railroad equipment, facilities, rolling 
stock, and operations in a State. The State may participate in those 
activities when the safety practices for railroad equipment, facilities, 
rolling stock, and operations in the State are regulated by a State 
authority and the authority submits to the Secretary an annual 
certification as provided in subsection (b) of this section.
    (b) Annual Certification.--(1) A State authority's annual 
certification must include--
        (A) a certification that the authority--
            (i) has regulatory jurisdiction over the safety practices 
        for railroad equipment, facilities, rolling stock, and 
        operations in the State;
            (ii) was given a copy of each safety regulation prescribed 
        and order issued by the Secretary, that applies to the 
        equipment, facilities, rolling stock, or operations, as of the 
        date of certification; and
            (iii) is conducting the investigative and surveillance 
        activities prescribed by the Secretary under subsection (a) of 
        this section; and

        (B) a report, in the form the Secretary prescribes by 
    regulation, that includes--
            (i) the name and address of each railroad carrier subject to 
        the safety jurisdiction of the authority;
            (ii) each accident or incident reported during the prior 12 
        months by a railroad carrier involving a fatality, personal 
        injury requiring hospitalization, or property damage of more 
        than $750 (or a higher amount prescribed by the Secretary), and 
        a summary of the authority's investigation of the cause and 
        circumstances surrounding the accident or incident;
            (iii) the record maintenance, reporting, and inspection 
        practices conducted by the authority to aid the Secretary in 
        enforcing railroad safety regulations prescribed and orders 
        issued by the Secretary, including the number of inspections 
        made of railroad equipment, facilities, rolling stock, and 
        operations by the authority during the prior 12 months; and
            (iv) other information the Secretary requires.

    (2) An annual certification applies to a safety regulation 
prescribed or order issued after the date of the certification only if 
the State authority submits an appropriate certification to provide the 
necessary investigative and surveillance activities.
    (3) If, after receipt of an annual certification, the Secretary 
decides the State authority is not complying satisfactorily with the 
investigative and surveillance activities prescribed under subsection 
(a) of this section, the Secretary may reject any part of the 
certification or take other appropriate action to achieve adequate 
enforcement. The Secretary must give the authority notice and an 
opportunity for a hearing before taking action under this paragraph. 
When the Secretary gives notice, the burden of proof is on the authority 
to show that it is complying satisfactorily with the investigative and 
surveillance activities prescribed by the Secretary.
    (c) Agreement When Certification Not Received.--(1) If the Secretary 
does not receive an annual certification under subsection (a) of this 
section related to any railroad equipment, facility, rolling stock, or 
operation, the Secretary may make an agreement with a State authority 
for the authority to provide any part of the investigative and 
surveillance activities prescribed by the Secretary as necessary to 
enforce the safety regulations and orders applicable to the equipment, 
facility, rolling stock, or operation.
    (2) The Secretary may terminate any part of an agreement made under 
this subsection on finding that the authority has not provided every 
part of the investigative and surveillance activities to which the 
agreement relates. The Secretary must give the authority notice and an 
opportunity for a hearing before making such a finding. The finding and 
termination shall be published in the Federal Register and may not 
become effective for at least 15 days after the date of publication.
    (d) Agreement for Investigative and Surveillance Activities.--In 
addition to providing for State participation under this section, the 
Secretary may make an agreement with a State to provide investigative 
and surveillance activities related to the Secretary's duties under 
chapters 203-213 of this title.
    (e) Payment.--On application by a State authority that has submitted 
a certification under subsections (a) and (b) of this section or made an 
agreement under subsection (c) or (d) of this section, the Secretary 
shall pay not more than 50 percent of the cost of the personnel, 
equipment, and activities of the authority needed, during the next 
fiscal year, to carry out a safety program under the certification or 
agreement. However, the Secretary may pay an authority only when the 
authority assures the Secretary that it will provide the remaining cost 
of the safety program and that the total State money expended for the 
safety program, excluding grants of the United States Government, will 
be at least as much as the average amount expended for the fiscal years 
that ended June 30, 1969, and June 30, 1970.
    (f) Monitoring.--The Secretary may monitor State investigative and 
surveillance practices and carry out other inspections and 
investigations necessary to help enforce this chapter.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 864.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
20105(a)..............................  45:435(a) (1st sentence related  Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                         to authority for State           206(a
) (1st sentence), (b), (f), 84
                                         participation).                  Stat.
 972, 973, 974; Nov. 16, 1990,
                                                                          Pub. 
L. 101-615, Sec.  28(a)(1)-(3),
                                                                          (b), 
(c), 104 Stat. 3276, 3277.
20105(b) (1)(A).......................  45:435(a) (1st sentence related
                                         to contents of certification).
20105(b) (1)(B).......................  45:435(b) (1st sentence).
20105(b)(2)...........................  45:435(f).
20105(b)(3)...........................  45:435(b) (2d-last sentences).
20105(c)..............................  45:435(c).                       Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                                                          206(c
), (e), 84 Stat. 973, 974.
20105(d)..............................  45:435(g).                       Oct. 1
6, 1970, Pub. L. 91-458, 84 Stat.
                                                                          971, 
Sec.  206(g); added Oct. 10,
                                                                          1980,
 Pub. L. 96-423, Sec.  4(a), 94
                                                                          Stat.
 1812.
20105(e)..............................  45:435(d).                       Oct. 1
6, 1970, Pub. L. 91-458, Sec.
                                                                          206(d
), 84 Stat. 974; Oct. 10, 1980,
                                                                          Pub. 
L. 96-423, Sec.  4(b), 94 Stat.
                                                                          1812.
20105(f)..............................  45:435(e).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the first sentence is added for clarity.
    In subsection (b)(1)(A)(iii), the words ``as necessary for the 
enforcement by him of each rule, regulation, order, and standard 
referred to in paragraph (2) of this subsection, as interpreted by the 
Secretary'' are omitted as surplus.
    In subsection (b)(1)(B)(i) and (ii), the words ``railroad carrier'' 
are substituted for ``railroad'' because of the definition of ``railroad 
carrier'' in section 20102 of the revised title.
    In subsection (b)(1)(B)(iii), the words ``a detail of'' are omitted 
as surplus.
    In subsection (b)(3), the text of 45:435(b) (2d sentence) and the 
words ``as he deems'', ``reasonable'', and ``with respect to such safety 
rules, regulations, orders, and standards'' are omitted as surplus.
    In subsection (c)(1), the word ``enforce'' is substituted for 
``obtain compliance with'' for clarity and consistency in this section.
    In subsection (e), the words ``out of funds appropriated pursuant to 
this subchapter or otherwise made available'', ``reasonably'', and 
``satisfactory'' are omitted as surplus. The words ``will be at least as 
much as the average amount expended'' are substituted for ``will be 
maintained at a level which does not fall below the average level of 
such expenditures'' for clarity and to eliminate unnecessary words.

                  Section Referred to in Other Sections

    This section is referred to in sections 20108, 20113, 20117 of this 
title; title 45 section 54a.
