25.8063.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Transportation Committee
(At the request of the Public Service Commission)
A BILL for an Act to amend and reenact sections 49-17.1-02, 49-17.1-03, and 49-17.1-04 of the
North Dakota Century Code, relating to rail service assistance.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 49-17.1-02 of the North Dakota Century Code is
amended and reenacted as follows:
49-17.1-02. Department of transportation as designated state agency.
The department, with the approvalcooperation of the commission, is authorized to exercise
those powers necessary for the state to qualify for rail service assistance grants pursuant to
provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210; 90
Stat. 149; 49 U.S.C. 1651 et seq.], including authority to:
1.Prepare and recommend a state plan for all rail transportation and local rail services.
2.Administer and coordinate the state plan.
3.Provide in the plan for the equitable distribution of rail service assistance grants
among state, local, and regional transportation authorities.
4.Promote and support safe, adequate, and efficient rail services for those railway lines
receiving rail service assistance grants.
5.Employ sufficient trained and qualified personnel for these purposes.
6.Maintain adequate programs of investigation, research, promotion, and development
in connection with these purposes and to provide for public participation therein.
7.Provide satisfactory assurances on behalf of the state that 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 as rail service
assistance grants.
Page No. 1 25.8063.01000
SENATE BILL NO. 2068
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 Sixty-ninth
Legislative Assembly
8.Comply with the regulations of the secretary of transportation of the United States
department of transportation affecting rail service assistance grants.
9.Do all things otherwise necessary to maximize federal assistance to the state under
the Railroad Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210;
90 Stat. 149; 49 U.S.C. 1651 et seq.], and any amendments to it.
SECTION 2. AMENDMENT. Section 49-17.1-03 of the North Dakota Century Code is
amended and reenacted as follows:
49-17.1-03. Application for assistance.
The department, with the approval of the commission, may make application on behalf of
the state for grants made available by the secretary of transportation under the Railroad
Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210; 90 Stat. 149; 49 U.S.C.
1651 et seq.].
SECTION 3. AMENDMENT. Section 49-17.1-04 of the North Dakota Century Code is
amended and reenacted as follows:
49-17.1-04. Use of public and private funds - Public service commission participation.
The department, with the approvalcooperation of the commission, may utilize public and
private funds appropriated by the legislative assembly in carrying out the purpose of this
chapter. The department shall cooperate with the commission and with other states in the
reorganization or reopening of any railway line which may have been abandoned by any railway
corporation providing railway services within the state. In carrying out the authority conferred by
this section, the department may enter into agreements, contracts, or other arrangements with
the necessary parties to accomplish the purposes of this chapter.
Page No. 2 25.8063.01000
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22