103 STAT. 1846 PUBLIC LAW 101-213—DEC. 11, 1989 property or tangible personal property of the kind necessary for the safe and efficient operation of rail freight service. "(3) Trackage rights secured by the State for a railroad. "(4) The cash equivalent of State salaries for State public employees working in the State rail freight assistance program, but not including overhead and general administrative costs. A State may provide more than its required percentage share of the cost of its rail freight assistance program. If a State, or any person on behalf of a State, provides more than such State's percentage share of the cost of its rail freight assistance program during any fiscal year, the amount in excess of such share shall be applied toward such State's share of the costs of its program for subsequent fiscal years. "(f) A State seeking financial assistance for rail freight assistance projects described in subsection (h) shall apply, in the form required by the Secretary, for such assistance by January 1 of the fiscal year for which the funds have been appropriated, except in fiscal years in which authorizations of appropriations have not been enacted as of the first day of the fiscal year, in which case application must be made within 90 days after the date of enactment of legislation authorizing appropriations for that fiscal year. In considering ap- plications for rail freight assistance projects under subsection (b), the Secretary shall consider the following: "(1) The percentage of lines identified to the Interstate Com- merce Commission by rail carriers for abandonment or poten- tial abandonment within a State. "(2) The likelihood of future abandonments within a State. "(3) The ratio of benefits to costs for a proposed project calculated in accordance with the methodology established by the Secretary under subsection (n). "(4) The likelihood that the line will continue operating with rail freight assistance. "(5) The impact of rail bankruptcies, rail restructuring, and rail mergers on the State applying for assistance. "(g) On the first day of the fiscal year, each State shall be entitled to $36,000 of the funds available for expenditure pursuant to subsec- tion (q) of this section during the fiscal year to meet the cost of establishing, implementing, revising, and updating the State rail plan required by subsection (a) of this section, or to carry out projects described in subsection (b)(1), (2), or (3), as designated by the State, if such projects meet the requirements of subsection (c)(2). Each State must apply for such funds on or before the first day of the fiscal year, except in fiscal years in which authorizations of appropriations have not been enacted as of the first day of the fiscal year, in which CEise application must be made within 60 days after the date of enactment of legislation authorizing appropriations for that fiscal year. Upon receipt of an application under this subsec- tion, the Secretary shall consider the application and notify the State submitting such an application as to its approval or dis- approval within 60 days. Funds provided under this subsection shall remain available to a State for obligation for the first 3 months after the end of the fiscal year for which such funds have been made available. Any funds which have not been timely applied for under this subsection, or which have remained unobligated after the expiration of the period described in the previous sentence, shall be made available to the Secretary for rail freight assistance projects meeting the requirements of this section.
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