# Title 49 — Public Utilities

## Chapter 49-17.1 — Rail Service Assistance

### § 49-17.1-01. Definitions.

1. "Commission" means the public service commission.
2. "Department" means the department of transportation of this state as provided in
section 24-02-01.1.
### § 49-17.1-02. Department of transportation as designated state agency.

The department, with the cooperation 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.
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.
### § 49-17.1-02.1. Review and approval of rail projects.

The department shall coordinate with the Bank of North Dakota to approve and review rail
projects financed under the rail revolving loan fund under section 6-09-49.3.
### § 49-17.1-03. Application for assistance.

The department 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.].
### § 49-17.1-04. Use of public and private funds - Public service commission participation.

The department, with the cooperation 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.
### § 49-17.1-05. Subsidy of railway lines.

The department, with the approval of the commission, may provide financial assistance,
within the limits of funds appropriated by the legislative assembly, for the continuation of
operations and maintenance of any railroad within the state, as provided for in the Railroad
Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210; 90 Stat. 149; 49 U.S.C. 1651

et seq.], or other relevant federal legislation. The department or the commission may act as the
agent in cooperation with the federal government, any local or regional transportation authority,
local governmental units, any group of rail users, or any person in any rail service assistance
program.
### § 49-17.1-06. Railroad plan and proposals.

The department and the commission may develop and make available to interested persons
feasibility plans, proposals, and recommendations for mergers, consolidations, reorganizations,
and other unification or coordination projects for rail services which the department and the
commission believe would result in a rail system which is more efficient and consistent with
public interest.
