[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR266.5]

[Page 894]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 266_ASSISTANCE TO STATES FOR LOCAL RAIL SERVICE UNDER SECTION 5 OF THE 
 
Sec.  266.5  State eligibility.

    (a) General eligibility requirements under the rail service 
assistance program. A State is eligible for assistance if:
    (1) The State has certified pursuant to section 5(j)(4) of the Act 
that it has or will adopt and maintain adequate procedures for financial 
control, accounting and performance evaluation in order to assure proper 
use of Federal funds;
    (2) For purpose of establishing a State Rail Plan, the State has 
submitted, in accordance with Sec.  266.17(e) of this part, a planning 
application; and
    (3) For any other assistance,
    (i) The State has established an adequate plan for rail services in 
the State which (A) meets the requirements of Sec.  266.15 of this part; 
(B) is part of an overall planning process for all transportation 
services in the State; (C) includes a suitable procedure for updating, 
revising, and amending such plan; and (D) as updated, revised, or 
amended has been approved by the Administrator;
    (ii) Such State Rail Plan (A) is administered or coordinated by a 
designated State agency; (B) provides for the equitable distribution of 
resources; and (C) includes a methodology for determining the ratio of 
benefits to costs of projects for which acquisition assistance, 
rehabilitation or improvement assistance, substitute service assistance, 
and rail facility construction assistance is sought;
    (iii) The State agency:
    (A) Has authority and administrative jurisdiction to develop, 
promote, supervise, and support safe, adequate, and efficient rail 
transportation services;
    (B) Employs or will employ, directly or indirectly, sufficient 
trained and qualified personnel;
    (C) Maintains or will maintain adequate programs of investigation, 
research, promotion, and development with provision for public 
participation; and
    (D) Is designated and directed solely or in cooperation with other 
State agencies to take all practicable steps to improve transportation 
safety and to reduce transportation-related energy utilization and 
pollution; and
    (iv) The State undertakes to immediately notify the Administrator of 
any changes in conditions which might affect its compliance with this 
section.