Title 49

SECTION 266.5

266.5 State eligibility.

§ 266.5 State eligibility.

(a) General eligibility requirements under the rail service assistance program. A State is eligible for assistance if:

(1) The State has certified pursuant to section 5(j)(4) of the Act that it has or will adopt and maintain adequate procedures for financial control, accounting and performance evaluation in order to assure proper use of Federal funds;

(2) For purpose of establishing a State Rail Plan, the State has submitted, in accordance with § 266.17(e) of this part, a planning application; and

(3) For any other assistance,

(i) The State has established an adequate plan for rail services in the State which:

(A) Meets the requirements of § 266.15 of this part;

(B) Is part of an overall planning process for all transportation services in the State;

(C) Includes a suitable procedure for updating, revising, and amending such plan; and

(D) As updated, revised, or amended has been approved by the Administrator;

(ii) Such State Rail Plan:

(A) Is administered or coordinated by a designated State agency;

(B) Provides for the equitable distribution of resources; and

(C) Includes a methodology for determining the ratio of benefits to costs of projects for which acquisition assistance, rehabilitation or improvement assistance, substitute service assistance, and rail facility construction assistance is sought;

(iii) The State agency:

(A) Has authority and administrative jurisdiction to develop, promote, supervise, and support safe, adequate, and efficient rail transportation services;

(B) Employs or will employ, directly or indirectly, sufficient trained and qualified personnel;

(C) Maintains or will maintain adequate programs of investigation, research, promotion, and development with provision for public participation; and

(D) Is designated and directed solely or in cooperation with other State agencies to take all practicable steps to improve transportation safety and to reduce transportation-related energy utilization and pollution; and

(iv) The State undertakes to immediately notify the Administrator of any changes in conditions which might affect its compliance with this section.

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