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Title 49 — Transportation

Part B · Chapter 221 — Local Rail Freight Assistance

§ 22106. Limitations on financial assistance

Statutory text

(a)

Grants and Loans.—

A State shall use financial assistance for projects under this chapter to make a grant or lend money to the owner of rail property, or a rail carrier providing rail transportation, related to a project being assisted.

(b)

State Use of Repaid Funds and Contingent Interest Recoveries.—

The State shall place the United States Government’s share of money that is repaid and any contingent interest that is recovered in an interest-bearing account. The repaid money, contingent interest, and any interest thereon shall be considered to be State funds. The State shall use such funds to make other grants and loans, consistent with the purposes for which financial assistance may be used under subsection (a), as the State considers to be appropriate.

(c)

Encouraging Participation.—

To the maximum extent possible, the State shall encourage the participation of shippers, rail carriers, and local communities in paying the State share of assistance costs.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(e) · 108 Stat. 745

    Enacted · 49 U.S.C. § 22106

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 897

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 897

    Enacted provision · exact public law section
    Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Pub. L. 104–287 § 5(55) · 110 Stat. 3388

    Inserted · 49 U.S.C. § 22106(b)

    Pub. L. 104–287 inserted “in the same manner and under the same conditions as if they were originally granted to the State by the Secretary of Transportation” after “under this chapter”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–287 inserted “in the same manner and under the same conditions as if they were originally granted to the State by the Secretary of Transportation” after “under this chapter”.

    Enacted provision · exact public law section
    (55) In section 22106(b), insert “in the same manner and under the same conditions as if they were originally granted to the State by the Secretary of Transportation” after “under this chapter”.

  3. Pub. L. 110–432 § 701(a)(1) · 122 Stat. 4848

    Struck · 49 U.S.C. § 22106(a)

    Pub. L. 110–432, § 701(a)(1), struck out last sentence which read as follows: “The State shall decide on the financial terms of the grant or loan, except that the time for making grant advances shall comply with regulations of the Secretary of the Treasury.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–432, § 701(a)(1), struck out last sentence which read as follows: “The State shall decide on the financial terms of the grant or loan, except that the time for making grant advances shall comply with regulations of the Secretary of the Treasury.”

    Enacted provision · exact public law section
    (1) by striking the second sentence of subsection (a);

  4. Pub. L. 110–432 § 701(a)(2) · 122 Stat. 4848

    1. Added · 49 U.S.C. § 22106(b)

      Pub. L. 110–432, § 701(a)(2), added subsec. (b)

    2. Struck · 49 U.S.C. § 22106(b)

      Pub. L. 110–432, § 701(a)(2), struck out former subsec. (b). Prior to amendment, text read as follows: “The State shall place the United States Government’s share of money that is repaid in an interest-bearing account. However, the Secretary of Transportation may allow a borrower to place that money, for the benefit of the State, in a bank designated by the Secretary of the Treasury under section 10 of the Act of June 11, 1942 (12 U.S.C. 265). The State shall use the money and accumulated interest to make other grants and loans under this chapter in the same manner and under the same conditions as if they were originally granted to the State by the Secretary of Transportation.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–432, § 701(a)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The State shall place the United States Government’s share of money that is repaid in an interest-bearing account. However, the Secretary of Transportation may allow a borrower to place that money, for the benefit of the State, in a bank designated by the Secretary of the Treasury under section 10 of the Act of June 11, 1942 (12 U.S.C. 265). The State shall use the money and accumulated interest to make other grants and loans under this chapter in the same manner and under the same conditions as if they were originally granted to the State by the Secretary of Transportation.”

    Enacted provision · exact public law section
    (2) by striking subsection (b) and inserting the following: “(b) State Use of Repaid Funds and Contingent Interest Recoveries.— The State shall place the United States Government’s share of money that is repaid and any contingent interest that is recovered in an interest-bearing account. The repaid money, contingent interest, and any interest thereof shall be considered to be State funds. The State shall use such funds to make other grants and loans, consistent with the purposes for which financial assistance may be used under subsection (a), as the State considers to be appropriate.” ; and

  5. Pub. L. 110–432 § 701(a)(3) · 122 Stat. 4848

    1. Redesignated · 49 U.S.C. § 22106(c); 49 U.S.C. § 22106(d)

      Pub. L. 110–432, § 701(a)(3), redesignated subsec. (d) as (c)

    2. Struck · 49 U.S.C. § 22106(c); 49 U.S.C. § 22106(d)

      Pub. L. 110–432, § 701(a)(3), struck out former subsec. (c). Text of former subsec. (c) read as follows: “The State may pay the Secretary of Transportation the Government’s share of unused money and accumulated interest at any time. However, the State must pay the unused money and accumulated interest to the Secretary when the State ends its participation under this chapter.”

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 110–432, § 701(a)(3), redesignated subsec. (d) as (c) and struck out former subsec. (c). Text of former subsec. (c) read as follows: “The State may pay the Secretary of Transportation the Government’s share of unused money and accumulated interest at any time. However, the State must pay the unused money and accumulated interest to the Secretary when the State ends its participation under this chapter.”

    Enacted provision · exact public law section
    (3) by striking subsections (c) and (e) and redesignating subsection (d) as subsection (c).

  6. Pub. L. 110–432 § 701(a)(3) · 122 Stat. 4848

    Struck · 49 U.S.C. § 22106(e)

    Pub. L. 110–432, § 701(a)(3), struck out subsec. (e). Text read as follows: “Each State shall retain a contingent interest (redeemable preference shares) for the Government’s share of amounts in a rail line receiving assistance under this chapter. The State may collect its share of the amounts used for the rail line if—

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–432, § 701(a)(3), struck out subsec. (e). Text read as follows: “Each State shall retain a contingent interest (redeemable preference shares) for the Government’s share of amounts in a rail line receiving assistance under this chapter. The State may collect its share of the amounts used for the rail line if—

    “(1) an application for abandonment of the rail line is filed under chapter 109 of this title; or “(2) the rail line is sold or disposed of after it has received assistance under this chapter.”

    Enacted provision · exact public law section
    (3) by striking subsections (c) and (e) and redesignating subsection (d) as subsection (c).

  7. Passenger Rail Reform and Investment Act of 2015

    Pub. L. 114–94 div. A title XI § 11316(k) · 129 Stat. 1312

    Substituted · 49 U.S.C. § 22106(b)

    Pub. L. 114–94 substituted “interest thereon” for “interest thereof”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–94 substituted “interest thereon” for “interest thereof”.

    Enacted provision · exact public law section
    (k) Contingent Interest Recoveries.— Section 22106(b) of title 49, United States Code, is amended by striking “interest thereof” and inserting “interest thereon”.

    Effective date note
    Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

9 of 9 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
Pub. L. 103–272
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
22106(a)49 App.:1654(d)(1), (2).Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, § 5(d), (i); 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, 1845, 1847.
22106(b)49 App.:1654(d)(3) (1st, 2d sentences).
22106(c)49 App.:1654(d)(3) (3d, last sentences).
22106(d)49 App.:1654(d)(4).
22106(e)49 App.:1654(i).

In subsection (a), the words “financial assistance for projects under this chapter” are substituted for “assistance provided under subsection (b) of this section” for clarity. The words “rail carrier providing rail transportation” are substituted for “operator of rail service” for consistency in the revised title. The word “conditions” is omitted as being included in “terms”. The words “Secretary of the Treasury” are substituted for “Department of the Treasury” because of 31:301(b).

In subsection (b), the words “in the same manner and under the same conditions as if they were originally granted to the State by the Secretary” are omitted as unnecessary.

In subsection (e)(2), the words “assistance under this chapter” are substituted for “Federal assistance” for clarity and consistency in this chapter.

Pub. L. 104–287

This amends 49:22106(b) to clarify the restatement of 49 App.:1654(d)(3) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 897).

Editorial Notes

Amendments1996–2015 · 3 rounds

2015

Subsec. (b). Pub. L. 114–94 substituted “interest thereon” for “interest thereof”.

2008

Subsec. (a). Pub. L. 110–432, § 701(a)(1), struck out last sentence which read as follows: “The State shall decide on the financial terms of the grant or loan, except that the time for making grant advances shall comply with regulations of the Secretary of the Treasury.”

Subsec. (b). Pub. L. 110–432, § 701(a)(2), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “The State shall place the United States Government’s share of money that is repaid in an interest-bearing account. However, the Secretary of Transportation may allow a borrower to place that money, for the benefit of the State, in a bank designated by the Secretary of the Treasury under section 10 of the Act of June 11, 1942 (12 U.S.C. 265). The State shall use the money and accumulated interest to make other grants and loans under this chapter in the same manner and under the same conditions as if they were originally granted to the State by the Secretary of Transportation.”

Subsecs. (c), (d). Pub. L. 110–432, § 701(a)(3), redesignated subsec. (d) as (c) and struck out former subsec. (c). Text of former subsec. (c) read as follows: “The State may pay the Secretary of Transportation the Government’s share of unused money and accumulated interest at any time. However, the State must pay the unused money and accumulated interest to the Secretary when the State ends its participation under this chapter.”

Subsec. (e). Pub. L. 110–432, § 701(a)(3), struck out subsec. (e). Text read as follows: “Each State shall retain a contingent interest (redeemable preference shares) for the Government’s share of amounts in a rail line receiving assistance under this chapter. The State may collect its share of the amounts used for the rail line if—

“(1) an application for abandonment of the rail line is filed under chapter 109 of this title; or

“(2) the rail line is sold or disposed of after it has received assistance under this chapter.”

1996

Subsec. (b). Pub. L. 104–287 inserted “in the same manner and under the same conditions as if they were originally granted to the State by the Secretary of Transportation” after “under this chapter”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective , see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–287 effective , see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Credits

1994–2015 · 4 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 897
  2. 1996Pub. L. 104–287, § 5(55), , 110 Stat. 3393
  3. 2008Pub. L. 110–432, div. A, title VII, § 701(a), , 122 Stat. 4905
  4. 2015Pub. L. 114–94, div. A, title XI, § 11316(k), , 129 Stat. 1678.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 897; Pub. L. 104–287, § 5(55), , 110 Stat. 3393; Pub. L. 110–432, div. A, title VII, § 701(a), , 122 Stat. 4905; Pub. L. 114–94, div. A, title XI, § 11316(k), , 129 Stat. 1678.)

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