Page:United States Statutes at Large Volume 122.djvu/4971

 12 2 STA T .49 4 8PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 2008 ‘ ‘ (A)INGE NE RAL.—Thet e rm ‘ p r iva te b e n e f it ’ — ‘‘(i) mean s a benefit a c cr u e d t o a person or private entit y, other than Amtra k , that direct l y improves the economic and competitive condition of that person or entity throu g h improved assets, cost reductions, service improvements, or any other means as defined by the S ecretary and ‘‘(ii) shall be determined on a pro j ect - by-project basis, based upon an agreement bet w een the parties. ‘‘( B ) CO N SU L T AT I ON.—The Secretary may seek the advice of the States and rail carriers in further defining this term. ‘‘( 2 ) P U B LI C BENE F IT.— ‘‘(A) IN GENERAL.—The term ‘public benefit’— ‘‘(i) means a benefit accrued to the public, including Amtrak, in the form of enhanced mobility of people or goods, environmental protection or enhancement, congestion mitigation, enhanced trade and economic development, improved air q uality or land use, more efficient energy use, enhanced public safety or security, reduction of public e x penditures due to improved transportation efficiency or infrastructure preservation, and any other positive community effects as defined by the Secretary; and ‘‘(ii) shall be determined on a project-by-project basis, based upon an agreement between the parties. ‘‘(B) CONSULTATION.—The Secretary may seek the advice of the States and rail carriers in further defining this term. ‘‘( 3 ) STATE.—The term ‘State’ means any of the 50 States and the D istrict of Columbia. ‘‘( 4 ) STATE RAIL TRANS P ORTATION AUT H ORIT Y .—The term ‘State rail transportation authority’ means the State agency or official responsible under the direction of the G overnor of the State or a State law for preparation, maintenance, coordina- tion, and administration of the State rail plan. ‘ ‘ §2 2 70 2 .Authori t y ‘‘(a) IN GENERAL.— E ach State may prepare and maintain a State rail plan in accordance with the provisions of this chapter. ‘‘(b) R E Q UIRE M ENTS.—The Secretary shall establish the min- imum requirements for the preparation and periodic revision of a State rail plan, including that a State shall— ‘‘( 1 ) establish or designate a State rail transportation authority to prepare, maintain, coordinate, and administer the plan; ‘‘(2) establish or designate a State rail plan approval authority to approve the plan; ‘‘(3) submit the State’s approved plan to the Secretary of Transportation for review; and ‘‘(4) revise and resubmit a State-approved plan no less frequently than once every 5 years for reapproval by the Sec- retary. ‘‘§ 2270 3 . P ur p o se s ‘‘(a) PURPOSES.—The purposes of a State rail plan are as follows

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