§388. State rail freight service assistance

            A. The Department of Transportation and Development is hereby authorized to exercise those powers necessary for the state to qualify for federal rail freight service assistance pursuant to the provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 or any other applicable federal act. The department shall:

            (1) Administer and coordinate or modify the state rail plan as required by Federal Public Law 94-210, as amended.

            (2) Provide satisfactory assurances on behalf of the state that such fiscal control and fund accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of an account for federal funds paid to the state.

            B. The department is hereby authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the preservation of operations and maintenance of any railroad within the state as provided for in relevant federal legislation. The department may act as the agent in cooperation with any railroad of any local or regional transportation authority, local government units, or any person, and the federal government in any rail freight service assistance program.

            C. The department may cooperate with other states in connection with the preservation of any rail freight services within the state. In carrying out the authority conferred by this section, the department may enter into general contractual arrangements with other states.

            D. The department may contract with any person firm, corporation, agency or government to provide, maintain or improve rail freight service within this state.

            E. The department is authorized to promulgate rules and regulations consistent with and for the purpose of adequately implementing this act.

            F. State funds may be used for financial assistance to any private or public person or corporation, provided the department submits a report to the House and Senate committees on transportation, highways, and public works prior to application for federal funds.

            Added by Acts 1979, No. 337, §1, eff. July 10, 1979; Acts 2016, No. 658, §1, eff. June 17, 2016.