1. (a) The Department is authorized to expend any unobligated funds accumulated in the Oklahoma Railroad Maintenance Revolving Fund, any available federal grants, public or private donations or legislative appropriations for non-highway purposes in furtherance of its duties and responsibilities under the Act. With certain exceptions, the Department is expressly prohibited from expending highway user tax revenues or legislative appropriations for highway purposes in furtherance of the State Rail Program. Exceptions to the prohibition are the Highway-Railway Grade Crossing Safety Programs and those funds which have been expressly designated for:

   1. (1) Regularly scheduled passenger rail operations, and
   2. (2) Inclusion in an Industrial Development project.
2. (b) No state funds whatever shall be expended by the Department for rail service continuation payments or for the construction, reconstruction, rehabilitation, replacement, maintenance or repair of rail lines the title to which is not vested in the Department or other entity of the State of Oklahoma.

Amended at 16 Ok Reg 2033, eff 6-11-99