
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC22102]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                           PART B--ASSISTANCE
 
               CHAPTER 221--LOCAL RAIL FREIGHT ASSISTANCE
 
Sec. 22102. Eligibility

    A State is eligible to receive financial assistance under this 
chapter only when the State complies with regulations the Secretary of 
Transportation prescribes under this chapter and the Secretary decides 
that--
        (1) the State has an adequate plan for rail transportation in 
    the State and a suitable process for updating, revising, and 
    modifying the plan;
        (2) the State plan is administered or coordinated by a 
    designated State authority and provides for a fair distribution of 
    resources;
        (3) the State authority--
            (A) is authorized to develop, promote, supervise, and 
        support safe, adequate, and efficient rail transportation;
            (B) employs or will employ sufficient qualified and trained 
        personnel;
            (C) maintains or will maintain adequate programs of 
        investigation, research, promotion, and development with 
        opportunity for public participation; and
            (D) is designated and directed to take all practicable steps 
        (by itself or with other State authorities) to improve rail 
        transportation safety and reduce energy use and pollution 
        related to transportation; and

        (4) the State has ensured that it maintains or will maintain 
    adequate procedures for financial control, accounting, and 
    performance evaluation for the proper use of assistance provided by 
    the United States Government.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 895.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
22102.................................  49 App.:1654(a).                 Oct. 1
5, 1966, Pub. L. 89-670, 80 Stat.
                                                                          931, 
Sec.  5(a); added Feb. 5, 1976,
                                                                          Pub. 
L. 94-210, Sec.  803, 90 Stat.
                                                                          130; 
Nov. 8, 1978, Pub. L. 95-607,
                                                                          Secs.
  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, Secs.
                                                                          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;
                                                                          resta
ted Dec. 11, 1989, Pub. L. 101-
                                                                          213, 
Sec.  2(a), (c), 103 Stat. 1843,
                                                                          1844.
-------------------------------------------------------------------------------
---------------------------------

    In this section, before clause (1), the words ``and the Secretary 
decides that'' are substituted for ``and the Secretary determines that 
such State meets or exceeds the requirements of paragraphs (1) through 
(4) of this subsection'' to eliminate unnecessary words. In clauses (2) 
and (3), the word ``authority'' is substituted for ``agency'' for 
consistency in the revised title. In clause (2), the word ``fair'' is 
substituted for ``equitable'' for consistency in the revised title. In 
clause (3)(A), the words ``is authorized'' are substituted for ``has 
authority and administrative jurisdiction'' to eliminate unnecessary 
words. In clause (3)(B), the words ``directly or indirectly'' are 
omitted as surplus. In clause (4), the word ``adopt'' is omitted as 
being included in ``maintain''.

                  Section Referred to in Other Sections

    This section is referred to in sections 22104, 22301 of this title; 
title 7 section 3703.
