
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: 49USC22103]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                           PART B--ASSISTANCE
 
               CHAPTER 221--LOCAL RAIL FREIGHT ASSISTANCE
 
Sec. 22103. Applications

    (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, Sec. 1(e), July 5, 1994, 108 Stat. 896; Pub. L. 104-
88, title III, Sec. 308(f)(3), Dec. 29, 1995, 109 Stat. 947.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
22103(a)..............................  49 App.:1654(f) (1st sentence).  Oct. 1
5, 1966, Pub. L. 89-670, 80 Stat.
                                                                          931, 
Sec.  5(f); 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,
                                                                          1846.
22103(b)..............................  49 App.:1654(f) (last
                                         sentence).
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---------------------------------

    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.


                               Amendments

    1995--Subsec. (b)(1). Pub. L. 104-88 substituted ``Surface 
Transportation Board'' for ``Interstate Commerce Commission''.


                    Effective Date of 1995 Amendment

    Amendment 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.
