Sec. 204. Track relocation and railroad inspection safety grants
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/bill/114/s/1175/is/section-204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term flammable liquids or gases means— any flammable liquid (as defined in section 173.120 of title 49, Code of Federal Regulations); and any flammable gas (Division 2.1) (as defined in section 173.115 of title 49, Code of Federal Regulations). The Secretary of Transportation shall carry out a grant program to provide financial assistance for local projects, activities, and personnel that mitigate the impacts of, and public health or environmental risks associated with, the transport of flammable liquids or gases by rail.
A State or political subdivision of a State is eligible to receive a grant under this section, to the extent the project or activity is consistent with the goals under subsection (b), for— projects eligible for assistance under section 20154 of title 49, United States Code; or State rail safety participation under section 20105 of title 49, United States Code. In determining whether to award a grant to an eligible recipient under this section, the Secretary shall consider— the volume of flammable liquids or gases being transported by rail through a relevant State or community; and the extent to which the project or activity will mitigate risk factors associated with rail transportation of flammable liquids or gases, including reducing risks to— public safety; the environment; and public or private property.
Notwithstanding the limitation set forth in section 20105(e) of title 49, United States Code, the Federal share of project costs under this section may be up to 90 percent. The non-Federal share of project costs under this section may be paid in cash or in kind from a grantee or a private entity involved with the project. As a condition of awarding any grant under this section for a project that uses rights-of-way owned by a railroad, the Secretary shall require that a written agreement exist between the applicant and the railroad regarding such use.