§22104 — Title 49 Transportation | U.S. Code

Summary

Each State gets $36,000 on the first day of every fiscal year from the funds under section 22108. The State must use that money either to create or update its State rail plan (section 22102) or to pay for certain rail projects listed in section 22101(a)(1)–(3) if those projects meet the rule in section 22101(c)(1)(B). A State must apply for the money by the first day of the fiscal year. If Congress has not approved the funding by that day, the State has 60 days after the approval law is signed to apply. The U.S. Secretary of Transportation has 60 days after getting the application to approve or deny it. The money stays available to the State for obligation for three months after the fiscal year ends. Any funds not requested or not used after those three months can be used by the Secretary for other eligible projects under this chapter.

Title 49, §22104

Transportation — Source: USLM XML via OLRC

(a)On the first day of each fiscal year, each State is entitled to $36,000 of the amounts made available under section 22108 11 See References in Text note below. 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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 22104(a)49 App.:1654(g) (1st sentence).Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(g); added Feb. 5, 1976, Pub. L. 94–210, § 803, 90 Stat. 130; Nov. 8, 1978, Pub. L. 95–607, §§ 102–106(a), 107–109(a), 92 Stat. 3059, 3062; Oct. 12, 1979, Pub. L. 96–86, § 115(b), 93 Stat. 662; Aug. 13, 1981, Pub. L. 97–35, §§ 1191, 1192, 95 Stat. 699; Jan. 14, 1983, Pub. L. 97–468, § 501, 96 Stat. 2551; Apr. 7, 1986, Pub. L. 99–272, § 4018, 100 Stat. 111; restated Dec. 11, 1989, Pub. L. 101–213, § 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). 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.

Editorial Notes

References in Text

section 22108 of this title, referred to in subsec. (a), was repealed by Pub. L. 114–94, div. A, title XI, § 11301(c)(4), Dec. 4, 2015, 129 Stat. 1648.

§22104 State Rail Plan Financing