PART 266—ASSISTANCE TO STATES FOR LOCAL RAIL SERVICE UNDER SECTION 5 OF THE DEPARTMENT OF TRANSPORTATION ACT

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Acquisition assistance means funds granted to a State under section 5(f)(2)of the Department of Transportation Act (49 U.S.C. 1654(f)(2)) to cover the cost of acquiring by purchase, lease, or in such other manner as the State considers appropriate, a line of railroad or other rail properties, or any interest therein for existing or future rail freight service.

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Cash means an outlay of funds

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Common carrier means a person providing railroad transportation for compensation who is subject to the jurisdiction of the Commission under subchapter I of chapter 105 of title 49 of the U.S.C.

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Designated State Agency means the State agency designated under section 5(j)(2) of the Act (49 U.S.C. 1654(j)(2)).

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Entitlement means the amount of assistance which a State is eligible to receive annually under section 5(h) of the Act (49 U.S.C. 1654(h)).

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Federal Share means the contribution by the Administrator under section 5(g) of the Act (49 U.S.C. 1654(g)) to a State’s rail service assistance program.

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Final System Plan means the plan approved by the Congress under section 208 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 718).

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Planning assistance means funds granted to a State under section 5(i) of the Act (49 U.S.C. 1654(i)) to meet the cost of establishing (including developing a planning application), implementing,revising, and updating the State Rail Plan required by section 5(j)of the Act (49 U.S.C. 1654(j)).

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Planning Work Program means that portion of a State’s planning application which outlines the State’s plan for establishing, implementing, revising,or updating a State Rail Plan which meets the requirements of section 5(i)of the Act, (49 U.S.C. 1654(i)).

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Program operation assistance means funds granted to a State to cover those administrative costs allowable under Federal Management Circular 74–4.

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Rail facility construction assistance means funds granted to a State under section 5(f)(5) of the Act (49 U.S.C.1654(f)(5)) to cover the cost of constructing rail or rail related facilities(including new connections between two or more existing lines, intermodal freight terminals, sidings, and relocation of existing lines) for the purpose of improving the quality and efficiency of rail freight service.

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Rehabilitation or improvement assistance means funds granted to a State under section 5(f)(3) of the Act (49 U.S.C. 1654(f)(3)) to cover the cost of replacing or upgrading, to the extent necessary to permit adequate and efficient rail freight service, facilities needed to provide service on a line

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State Rail Plan means the current plan, including all updates, revisions,and amendments required by section 5(j)(1) of the Act (49 U.S.C. 1654(j)(1)).

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Scope of the program. The Rail Service Assistance Program includes:

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(1) Rail service continuation assistance;

(2) Acquisition assistance;

(3) Rehabilitation or improvement assistance;

(4) Substitute service assistance;

(5) Rail facility construction assistance;

(6) Planning assistance; and

(7) Program operations assistance

ALL OF THE ABOVE

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State planning process. The State Rail Plan shall be based on a comprehensive,coordinated and continuing planning process for all transportation services within the State and shall be developed with an opportunity for participation by persons interested in rail activity in the State and adjacent States where appropriate. At a minimum,the State shall hold a public hearing if, on the basis of reasonable public notice appearing in the press,there is sufficient public interest to justify a hearing. Public notice shall be given, in accordance with applicable State law and practice concerning comparable matters, that a draft of the State Rail Plan is available for public inspection at a reasonable time in advance of the hearing. The State shall enable local and regional governmental bodies to review and comment on appropriate elements of the State Rail Plan. Provisions shall also be made for updating, revising, and amending the State Rail

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Updates, revisions, and amendments of the State Rail Plan—(1) General. As provided for in paragraph (e) of this section, State Rail Plans shall be update date least on an annual basis but may be revised more frequently at the discretion of the State in accordance with its program needs. Such updates shall be subject to the same review,public participation and approval procedures by the State and FRA as the original State Rail Plan

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Grant agreement. (1) Upon the approval of an application meeting the requirements of § 266.17 of this part, a grant agreement for the Federal share of the approved amount of estimated program costs will be executed by the Administrator and the grantee

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