108 STAT. 896 PUBLIC LAW 103-272—JULY 5, 1994 §22103. Applications (a) FILING. —^A State must file an application with the Secretary of Transportation for financial assistance for a project described under section 22101(a) of this title not later than January 1 of the fiscal year for which amounts have been appropriated. However, for a fiscal year for which the authorization of appropriations for assistance under this chapter has not been enacted by the first day of the fiscal year, the State must file the application not later than 90 days after the date of enactment of a law authorizing the appropriations for that fiscal year. The Secretary shall prescribi the form of the application. (b) CONSIDERATIONS.— In considering an application under this subsection, the Secretary shall consider the following: (1) the percentage of rail lines that rail carriers have identified to the Interstate Commerce Commission for abandonment or potential abandonment in the State. (2) the likelihood of future abandonments in the State. (3) the ratio of benefits to costs for a proposed project calculated using the methodology established under section 22101(b) of this title. (4) the likelihood that the rail line will continue operating with assistance. (5) the impact of rail bankruptcies, rail restructuring, and rail mergers on the State. §22104. State rail plan financing (a) ENTITLEMENT AND USES. —On the first day of each fiscal year, each State is entitled to $36,000 of the amounts made available under section 22108 of this title during that fiscal year to be used— (1) to establish, update, revise, and modify the State plan required by section 22102 of this title; or (2) to carry out projects described in section 22101(a)(1), (2), or (3) of this title, as designated by the State, if those projects meet the requirements of section 22101(c)(1)(B) of this title. (b) APPLICATIONS.—Each State must apply for amounts under this section not later than the first day of the fiscal year for which the amounts are available. However, for any fiscal year for which the authorization of appropriations for financial assistance under this chapter has not been enacted by the first day of the fiscal year, the State must apply for amounts under this section not later than 60 days after the date of enactment of a law authorizing the appropriations for that fiscal year. Not later than 60 days after receiving an application, the Secretary of Transportation shall consider the application and notify the State of the approval or disapproval of the application. (c) AVAILABILITY OF AMOUNTS.— Amounts provided under this section remain available to a State for obligation for the first 3 months after the end of the fiscal year for which the amounts were made available. Amounts not applied for under this section or that remain unobligated after the first 3 months after the end of the fiscal year for which the amounts were made available are available to the Secretary for projects meeting the requirements of this chapter.
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