§ 20105. State participation
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/usc/title-49/section-20105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Investigative and Surveillance Activities.— The Secretary concerned may prescribe investigative and surveillance activities necessary to enforce the safety regulations prescribed and orders issued by the Secretary 1 that apply to railroad equipment, facilities, rolling stock, and operations in a State. The State may participate in those activities when the safety practices for railroad equipment, facilities, rolling stock, and operations in the State are regulated by a State authority and the authority submits to the Secretary concerned an annual certification as provided in subsection
(b)of this section.
(b)Annual Certification.—
(1)A State authority’s annual certification must include—
(A)a certification that the authority—
(i)has regulatory jurisdiction over the safety practices for railroad equipment, facilities, rolling stock, and operations in the State;
(ii)was given a copy of each safety regulation prescribed and order issued by the Secretary concerned, that applies to the equipment, facilities, rolling stock, or operations, as of the date of certification; and
(iii)is conducting the investigative and surveillance activities prescribed by the Secretary concerned under subsection
(a)of this section; and
(B)a report, in the form the Secretary concerned prescribes by regulation, that includes—
(i)the name and address of each railroad carrier subject to the safety jurisdiction of the authority;
(ii)each accident or incident reported during the prior 12 months by a railroad carrier involving a fatality, personal injury requiring hospitalization, or property damage of more than $750 (or a higher amount prescribed by the Secretary concerned), and a summary of the authority’s investigation of the cause and circumstances surrounding the accident or incident;
(iii)the record maintenance, reporting, and inspection practices conducted by the authority to aid the Secretary concerned in enforcing railroad safety regulations prescribed and orders issued by the Secretary concerned, including the number of inspections made of railroad equipment, facilities, rolling stock, and operations by the authority during the prior 12 months; and
(iv)other information the Secretary concerned requires.
(2)An annual certification applies to a safety regulation prescribed or order issued after the date of the certification only if the State authority submits an appropriate certification to provide the necessary investigative and surveillance activities.
(3)If, after receipt of an annual certification, the Secretary concerned decides the State authority is not complying satisfactorily with the investigative and surveillance activities prescribed under subsection
(a)of this section, the Secretary concerned may reject any part of the certification or take other appropriate action to achieve adequate enforcement. The Secretary concerned must give the authority notice and an opportunity for a hearing before taking action under this paragraph. When the Secretary concerned gives notice, the burden of proof is on the authority to show that it is complying satisfactorily with the investigative and surveillance activities prescribed by the Secretary concerned.
(c)Agreement When Certification Not Received.—
(1)If the Secretary concerned does not receive an annual certification under subsection
(a)of this section related to any railroad equipment, facility, rolling stock, or operation, the Secretary concerned may make an agreement with a State authority for the authority to provide any part of the investigative and surveillance activities prescribed by the Secretary concerned as necessary to enforce the safety regulations and orders applicable to the equipment, facility, rolling stock, or operation.
(2)The Secretary concerned may terminate any part of an agreement made under this subsection on finding that the authority has not provided every part of the investigative and surveillance activities to which the agreement relates. The Secretary concerned must give the authority notice and an opportunity for a hearing before making such a finding. The finding and termination shall be published in the Federal Register and may not become effective for at least 15 days after the date of publication.
(d)Agreement for Investigative and Surveillance Activities.— In addition to providing for State participation under this section, the Secretary concerned may make an agreement with a State to provide investigative and surveillance activities related to the duties under chapters 203–213 of this title (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security).
(e)Payment.— On application by a State authority that has submitted a certification under subsections
(a)and
(b)of this section or made an agreement under subsection
(c)or
(d)of this section, the Secretary concerned shall pay not more than 50 percent of the cost of the personnel, equipment, and activities of the authority needed, during the next fiscal year, to carry out a safety program under the certification or agreement. However, the Secretary concerned may pay an authority only when the authority assures the Secretary concerned that it will provide the remaining cost of the safety program and that the total State money expended for the safety program, excluding grants of the United States Government, will be at least as much as the average amount expended for the fiscal years that ended June 30, 1969, and June 30, 1970.
(f)Monitoring.— The Secretary concerned may monitor State investigative and surveillance practices and carry out other inspections and investigations necessary to help enforce this chapter (in the case of the Secretary of Transportation) and duties under section 114 of this title (in the case of the Secretary of Homeland Security).
(g)Definitions.— In this section—
(1)the term “safety” includes security; and
(2)the term “Secretary concerned” means—
(A)the Secretary of Transportation, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary; and
(B)the Secretary of Homeland Security, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 864; Pub. L. 107–296, title XVII, § 1710(a), Nov. 25, 2002, 116 Stat. 2319.)
In subsection (a), the first sentence is added for clarity.
In subsection (b)(1)(A)(iii), the words “as necessary for the enforcement by him of each rule, regulation, order, and standard referred to in paragraph
(2)of this subsection, as interpreted by the Secretary” are omitted as surplus.
In subsection (b)(1)(B)(i) and (ii), the words “railroad carrier” are substituted for “railroad” because of the definition of “railroad carrier” in section 20102 of the revised title.
In subsection (b)(1)(B)(iii), the words “a detail of” are omitted as surplus.
In subsection (b)(3), the text of 45:435(b) (2d sentence) and the words “as he deems”, “reasonable”, and “with respect to such safety rules, regulations, orders, and standards” are omitted as surplus.
In subsection (c)(1), the word “enforce” is substituted for “obtain compliance with” for clarity and consistency in this section.
In subsection (e), the words “out of funds appropriated pursuant to this subchapter or otherwise made available”, “reasonably”, and “satisfactory” are omitted as surplus. The words “will be at least as much as the average amount expended” are substituted for “will be maintained at a level which does not fall below the average level of such expenditures” for clarity and to eliminate unnecessary words.
Connections86 cite this · traces to 2
Cited by 86 sections · top 60
public-private-law
- Public Law 115-141Consolidated Appropriations Act, 2018
- Public Law 114-113Consolidated Appropriations Act, 2016
- Public Law 116-94Further Consolidated Appropriations Act, 2020
- Public Law 113-235Consolidated and Further Continuing Appropriations Act, 2015
- Public Law 113-76Consolidated Appropriations Act, 2014
- Public Law 115-31Consolidated Appropriations Act, 2017
- Public Law 116-6Consolidated Appropriations Act, 2019
statutes-at-large
- Public Law 105–64
- Public LawMaking appropriations for the fiscal year ending September 30, 2017, and for other purposes
- Public Law 108–199Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2004, and for other purposes
- Public Law 115–141To amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State, and for other purposes
- Public Law 114–113Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2016, and for other purposes
- Public Law 116–6
- Public Law 107–87Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2002, and for other purposes
- Public Law 109–115Making appropriations for the Departments of Transportation, Treasury, and Housing and Urban Development, the Judiciary, District of Columbia, and independent agencies for the fiscal year ending September 30, 2006, and for other purposes
- Public Law 104–205Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1997, and for other purposes
- Public Law 111–117Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2010, and for other purposes
- Public Law 106–346Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2001, and for other purposes
- Public Law 108–7
- Public Law 108–447Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2005, and for other purposes
- Public Law 106–69Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 2000, and for other purposes
- Public Law 116–94Making further consolidated appropriations for the fiscal year ending September 30, 2020, and for other purposes
- Public Law 105–276Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
- Public Law 111–8Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes
- Public Law
register
U.S. Code
statute-compilations
- Sec. 184Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration’s “Federal-Aid Highways” account and to the Federal Railroad Administration’s “Safety and Operations” account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105.
- Sec. 184Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration’s “Federal-Aid Highways” account and to the Federal Railroad Administration’s “Safety and Operations” account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105.
- Sec. 4STATEMENT OF APPROPRIATIONS
- Sec. 416None of the funds made available by this Act may be used by the Department of Defense or the Department of Veterans Affairs to lease or purchase new light duty vehicles for any executive fleet, or for an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011.
- Sec. 412### (a) In general
- Sec. 512### (a) In general
- Sec. 504### (a)
- Sec. 184Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration’s “Federal-Aid Highways” account and to the Federal Railroad Administration’s “Safety and Operations” account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105.
Traces to 2 documents
10 references not yet in our index
- 1
- Pub. L. 103–272, § 1(e)
- 108 Stat. 864
- Pub. L. 107–296, title XVII, § 1710(a)
- 116 Stat. 2319
- Pub. L. 107–296, § 1710(a)(2)
- Pub. L. 107–296, § 1710(a)(1)
- Pub. L. 107–296, § 1710(a)(5)
- Pub. L. 107–296
- section 4 of Pub. L. 107–296
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cites case law
§ 20105
State participation
Bills×43
Stat.×18
Stat. Comp.×8
Pub. L.×7
Fed. Reg.×5
U.S.C.×5
Cite1
Pub. L.Pub. L. 103–272, § 1(e)
Stat.108 Stat. 864
Pub. L.Pub. L. 107–296, title XVII, § 1710(a)
Stat.116 Stat. 2319
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