Page:United States Statutes at Large Volume 108 Part 2.djvu/179

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 895 commodities transported by rail. The establishment of the methodology is committed to the discretion of the Secretary. (c) CONDITIONS. — (1) Assistance for a project shall be provided under this chapter only if— (A) a rail carrier certifies that the rail line related to the project carried more than 20 carloads a mile during the most recent year during which transportation was provided by the carrier on the line; and (B) the ratio of benefits to costs for the project, as calculated using the methodology established under subsection (b) of this section, is more than 1.0. (2) If the rail carrier that provided the transportation on the rail line is no longer in existence, the applicant for the project shall provide the information required by the certification under paragraph (1)(A) of this subsection in the way the Secretary prescribes. (3) The Secretary may waive the requirement of paragraph (1)(A) or (2) of this subsection if the Secretary— (A) decides that the rail line has contractual guarantees of at least 40 carloads a mile for each of the first 2 years of operation of the proposed project; and (B) finds that there is a reasonable expectation that the contractual guarantees will be fulfilled. (d) LIMITATIONS ON ^^MOUNTS. —^A State may not receive more than 15 percent of the amounts provided in a fiscal year under this chapter. Not more than 20 percent of the amounts available under this chapter may be provided in a fiscal year for any one project. §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.

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