49-17.1 Rail Service Assistance
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<![CDATA[CHAPTER 49-17.1RAIL SERVICE ASSISTANCE49-17.1-01. Definitions.1."Commission" means the public service commission.2."Department" means the department of transportation of this state as provided in<br>section 24-02-01.1.49-17.1-02.Department of transportation as designated state agency.Thedepartment, with the approval of the commission, is authorized to exercise those powers<br>necessary for the state to qualify for rail service assistance grants pursuant to provisions of the<br>Railroad Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210; 90 Stat. 149; 49<br>U.S.C. 1651 et seq.], including authority to:1.Prepare and recommend a state plan for all rail transportation and local rail services.2.Administer and coordinate the state plan.3.Provide in the plan for the equitable distribution of rail service assistance grants<br>among state, local, and regional transportation authorities.4.Promote and support safe, adequate, and efficient rail services for those railway<br>lines receiving rail service assistance grants.5.Employ sufficient trained and qualified personnel for these purposes.6.Maintain adequate programs of investigation, research, promotion, and development<br>in connection with these purposes and to provide for public participation therein.7.Provide satisfactory assurances on behalf of the state that fiscal control and fund<br>accounting procedures will be adopted by the state as may be necessary to assure<br>proper disbursement of an account for federal funds paid to the state as rail service<br>assistance grants.8.Comply with the regulations of the secretary of transportation of the United States<br>department of transportation affecting rail service assistance grants.9.Do all things otherwise necessary to maximize federal assistance to the state under<br>the Railroad Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210;<br>90 Stat. 149; 49 U.S.C. 1651 et seq.], and any amendments to it.49-17.1-02.1.Department may authorize local rail projects.For the purpose ofpromoting the public interest and local economic development, the department may utilize<br>revenue generated under this chapter for the construction or improvement of railway freight<br>transportation projects not otherwise eligible for assistance under the Railroad Revitalization and<br>Regulatory Reform Act of 1976 [Pub. L. 94-210; 90 Stat. 149; 49 U.S.C. 1651 et seq.] and which<br>meet standards and specifications developed by the department.49-17.1-03.Application for assistance.The department, with the approval of thecommission, may make application on behalf of the state for grants made available by the<br>secretary of transportation under the Railroad Revitalization and Regulatory Reform Act of 1976<br>[Pub. L. 94-210; 90 Stat. 149; 49 U.S.C. 1651 et seq.].49-17.1-04.Use of public and private funds - Public service commissionparticipation. The department, with the approval of the commission, may utilize public and<br>private funds appropriated by the legislative assembly in carrying out the purpose of this chapter.Page No. 1The department shall cooperate with the commission and with other states in the reorganization<br>or reopening of any railway line which may have been abandoned by any railway corporation<br>providing railway services within the state. In carrying out the authority conferred by this section,<br>the department may enter into agreements, contracts, or other arrangements with the necessary<br>parties to accomplish the purposes of this chapter.49-17.1-05.Subsidy of railway lines.The department, with the approval of thecommission, may provide financial assistance, within the limits of funds appropriated by the<br>legislative assembly, for the continuation of operations and maintenance of any railroad within<br>the state, as provided for in the Railroad Revitalization and Regulatory Reform Act of 1976 [Pub.<br>L. 94-210; 90 Stat. 149; 49 U.S.C. 1651 et seq.], or other relevant federal legislation.Thedepartment or the commission may act as the agent in cooperation with the federal government,<br>any local or regional transportation authority, local governmental units, any group of rail users, or<br>any person in any rail service assistance program.49-17.1-06. Railroad plan and proposals. The department and the commission maydevelop and make availabletointerestedpersonsfeasibilityplans,proposals,andrecommendations for mergers, consolidations, reorganizations, and other unification or<br>coordination projects for rail services which the department and the commission believe would<br>result in a rail system which is more efficient and consistent with public interest.Page No. 2Document Outlinechapter 49-17.1 rail service assistance]]>