[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR256.5]



[Page 800-802]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 256_FINANCIAL ASSISTANCE FOR RAILROAD PASSENGER TERMINALS

--Table of Contents

 

Sec. 256.5  Eligibility.



    (a) General. A project is eligible for financial assistance under 

subsection 4(i) of the Act if:

    (1) The applicant provides satisfactory assurance that such fiscal 

control and fund accounting procedures will be adopted as may be 

necessary to assure proper disbursement of and accounting for Federal 

financial assistance granted to the applicant under the Act;

    (2) The applicant complies with the regulations of the Administrator 

prescribed in this part, and with such



[[Page 801]]



other terms and conditions as may be included in the grant of 

assistance; and

    (3) The Council is given a reasonable opportunity to review and 

comment upon the project as it affects property listed or eligible for 

listing on the National Register.

    (b) Demonstration funds. A project is eligible for financial 

assistance in accordance with subsection 4(i) of the Act if the 

Administrator determines that:

    (1) The railroad passenger terminal can be converted to an 

intermodal passenger terminal;

    (2) There exist sufficient commitments by Amtrak or other rail 

passenger carriers, and by intercity bus carriers, the local public 

transportation authority, or other public or private transportation 

operators, to provide co-ordinated service for convenient intermodal 

interchange to meet the goals enumerated in paragraph (b) of Sec. 

256.13;

    (3) The railroad passenger terminal is listed on the National 

Register;

    (4) The architectural integrity of the railroad passenger terminal 

will be preserved, and this determination is concurred in by the 

consultants recommended by the Chairman and Council and retained by the 

Administrator for this purpose;

    (5) To the extent practicable, the use of station facilities for 

transportation purposes may be combined with use for other civic and 

cultural activities, especially when such use is recommended by the 

Council or the Chairman, or the consultants retained by the 

Administrator upon their recommendation;

    (6) The applicant has provided the information and documentation 

required under Sec. 256.11(c).

    (7) The railroad passenger terminal and the conversion project meet 

such other criteria as the Administrator may develop and promulgate in 

consultation with the Chairman and the Council.

    (c) Preservation funds. A project is eligible for financial 

assistance in accordance with subsection 4(i) of the Act if the 

Administrator determines that:

    (1) The applicant is empowered by applicable law, and is qualified, 

prepared, and committed, on an interim basis pending the formulation of 

plans for reuse, to maintain and prevent the demolition, dismantling, or 

further deterioration of, a railroad passenger terminal;

    (2) The railroad passenger terminal is threatened with demolition, 

dismantling, or further deterioration;

    (3) There is a reasonable likelihood that the railroad passenger 

terminal will be converted to or conditioned for reuse as an intermodal 

passenger terminal. The primary use of the terminal shall be for 

intermodal purposes, but facilities for the provision of civic and 

cultural activities may be incorporated to the extent feasible. Such 

dual use of the terminal is particularly encouraged when it is 

recommended by the Council or the Chairman.

    (4) Planning activity aimed at conversion or reuse has commenced and 

is proceeding in a competent manner;

    (5) The expenditure of funds on such project would be in the manner 

most likely to maximize the preservation of railroad passenger terminals 

which are:

    (i) Reasonably capable of conversion to intermodal passenger 

terminals;

    (ii) Listed in the National Register; or

    (iii) Recommended on the basis of architectural integrity and 

quality by the Chairman or the Council; and

    (6) The applicant has provided the information and documentation 

required by Sec. 256.11(d).

    (d) Planning funds. A project is eligible for financial assistance 

in accordance with subsection 4(i)(5) of the Act if the Administrator 

determines that:

    (1) The applicant is prepared to develop practicable plans meeting 

the zoning, land use, and other requirements of the applicable State and 

local jurisdictions in which the rail passenger terminal is located;

    (2) The applicant incorporates into its plans for the conversion of 

an historic terminal into an intermodal passenger terminal, features 

which appear reasonably likely to attract private investors willing to 

finance the planned conversion and/or its subsequent maintenance and 

operation. The primary use of the terminal shall be for intermodal 

purposes, but facilities for the provision of civic or cultural 

activities may be incorporated to the extent feasible.



[[Page 802]]



    (3) The applicant will be able to complete the designs and plans for 

such conversion within two years following the approval of the 

application for Federal financial assistance;

    (4) The expenditure of funds on such project would be in the manner 

most likely to maximize the preservation of railroad passenger terminals 

which are listed in the National Register or recommended on the basis of 

architectural integrity and quality by the Chairman or the Council; and

    (5) The applicant has provided the information and documentation 

required under Sec. 256.11(e).



[40 FR 29080, July 10, 1975, as amended at 43 FR 21887, May 22, 1978; 44 

FR 21647, Apr. 11, 1979]