49 U.S.C. § 22701 — Definitions
submitted 18 years ago by Pub. L. 110-432 to r/title-49-TRANSPORTATION · 270 words · no verdicts yet
This section defines key terms for the state rail planning chapter. "Private benefit" and "public benefit" describe who gains from a rail project and how. It also defines "State" and "State rail transportation authority."
(1) Private benefit.
(A) A "private benefit" is a benefit that goes to a person or private entity — other than Amtrak — that directly improves that person's or entity's economic or competitive position. This can happen through better assets, lower costs, better service, or other means the Secretary defines. Whether something counts as a private benefit is decided project by project, based on an agreement between the parties involved.
(B) The Secretary may ask States and rail carriers for advice on defining this term further.
(2) Public benefit.
(A) A "public benefit" is a benefit that goes to the public, including Amtrak. This includes things like better mobility for people or goods, protecting or improving the environment, easing traffic congestion, boosting trade and economic development, improving air quality or land use, more efficient energy use, better public safety or security, and spending less public money because transportation is more efficient or infrastructure lasts longer. It also includes any other positive community effect the Secretary defines. Like private benefit, this is decided project by project, by agreement between the parties.
(B) Again, the Secretary may ask States and rail carriers for help defining this term.
(3) State. "State" means any of the 50 states plus the District of Columbia.
(4) State rail transportation authority. This is the State agency or official who is responsible — under the Governor's direction or State law — for preparing, maintaining, coordinating, and running the State's rail plan.
In this subchapter: 1
The term “private benefit”—
means a benefit accrued to a person or private entity, other than Amtrak, that directly improves the economic and competitive condition of that person or entity through improved assets, cost reductions, service improvements, or any other means as defined by the Secretary; and
shall be determined on a project-by-project basis, based upon an agreement between the parties.
The Secretary may seek the advice of the States and rail carriers in further defining this term.
The term “public benefit”—
means a benefit accrued to the public, including Amtrak, in the form of enhanced mobility of people or goods, environmental protection or enhancement, congestion mitigation, enhanced trade and economic development, improved air quality or land use, more efficient energy use, enhanced public safety or security, reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, and any other positive community effects as defined by the Secretary; and
shall be determined on a project-by-project basis, based upon an agreement between the parties.
The Secretary may seek the advice of the States and rail carriers in further defining this term.
The term “State” means any of the 50 States and the District of Columbia.
The term “State rail transportation authority” means the State agency or official responsible under the direction of the Governor of the State or a State law for preparation, maintenance, coordination, and administration of the State rail plan.
Source credit: (Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4947.)
- 2008Enacted · Pub. L. 110-432 · 122 Stat. 4947
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-432 on 2008-10-16.
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