49 U.S.C. § 20105 — State participation

(a) Investigative and Surveillance Activities. The Secretary concerned can prescribe investigative and surveillance activities needed to enforce the safety regulations and orders that apply to railroad equipment, facilities, rolling stock, and operations in a state. A state can take part in those activities when a state authority regulates railroad safety practices there and submits an annual certification as described in subsection (b). (b) Annual Certification. (1) A state authority's annual certification must include: (A) a certification that the authority (i) has regulatory power over railroad safety practices in the state; (ii) got a copy of every safety regulation and order that applies, as of the certification date; and (iii) is actually carrying out the investigative and surveillance activities the Secretary concerned prescribed under subsection (a); and (B) a report, in the form the Secretary concerned prescribes, that includes (i) the name and address of every railroad carrier the authority regulates; (ii) each accident or incident in the prior 12 months involving a death, a hospitalization, or property damage over $750 (or a higher amount the Secretary sets), plus a summary of the authority's investigation; (iii) the authority's record-keeping, reporting, and inspection practices, including how many inspections it made in the prior 12 months; and (iv) any other information the Secretary concerned requires. (2) A certification only covers a safety regulation or order issued after the certification date if the state authority files an appropriate certification providing the needed investigative and surveillance activities. (3) If, after getting a certification, the Secretary concerned decides the state authority isn't complying satisfactorily with its prescribed investigative and surveillance activities, the Secretary concerned can reject part of the certification or take other appropriate action — but must first give the authority notice and a hearing. Once notice is given, the authority has the burden of showing it is complying satisfactorily. (c) Agreement When Certification Not Received. (1) If the Secretary concerned doesn't receive an annual certification covering some railroad equipment, facility, rolling stock, or operation, the Secretary concerned can instead agree with a state authority for that authority to handle part of the investigative and surveillance activities needed to enforce the applicable safety regulations and orders. (2) The Secretary concerned can end part of that agreement after finding the authority hasn't provided every part of the activities the agreement covers — but must first give notice and a hearing. The finding and termination must be published in the Federal Register and can't take effect for at least 15 days after publication. (d) Agreement for Investigative and Surveillance Activities. Besides regular state participation under this section, the Secretary concerned can also agree with a state to provide investigative and surveillance activities tied to duties under chapters 203–213 of this title (for the Secretary of Transportation) and duties under section 114 of this title (for the Secretary of Homeland Security). (e) Payment. On application from a state authority that has certified under subsections (a) and (b), or agreed under subsection (c) or (d), the Secretary concerned must pay up to 50 percent of the cost of the personnel, equipment, and activities the authority needs for the next fiscal year to run a safety program under the certification or agreement. But the Secretary concerned can only pay if the authority assures it will cover the rest of the cost, and that its total state spending on the safety program (not counting U.S. government grants) will be at least as much as it averaged for the fiscal years ending June 30, 1969, and June 30, 1970. (f) Monitoring. The Secretary concerned can monitor state investigative and surveillance practices and run other inspections and investigations needed to help enforce this chapter (for the Secretary of Transportation) and duties under section 114 (for the Secretary of Homeland Security). (g) Definitions. In this section: (1) "safety" includes security; and (2) "Secretary concerned" means the Secretary of Transportation, for railroad safety matters under laws that Secretary administers, and the Secretary of Homeland Security, for railroad safety matters under laws that Secretary administers.