View all text of Chapter 229 [§ 22901 - § 22910]
§ 22907. Consolidated rail infrastructure and safety improvements
(a)General Authority.—The Secretary may make grants under this section to an eligible recipient to assist in financing the cost of improving passenger and freight rail transportation systems in terms of safety, efficiency, or reliability.
(b)Eligible Recipients.—The following entities are eligible to receive a grant under this section:
(1) A State (including the District of Columbia).
(2) A group of States.
(3) An Interstate Compact.
(4) A public agency or publicly chartered authority established by 1 or more States.
(5) A political subdivision of a State.
(6) Amtrak or another rail carrier that provides intercity rail passenger transportation (as rail carrier and intercity rail passenger transportation are defined in section 24102).
(7) A Class II railroad or Class III railroad (as those terms are defined in section 20102).
(8) An association representing 1 or more railroads described in paragraph (7).
(9) A federally recognized Indian Tribe.
(10) Any rail carrier or rail equipment manufacturer in partnership with at least 1 of the entities described in paragraphs (1) through (5).
(11) The Transportation Research Board and any entity with which it contracts in the development of rail-related research, including cooperative research programs.
(12) A University transportation center engaged in rail-related research.
(13) A non-profit labor organization representing a class or craft of employees of rail carriers or rail carrier contractors.
(c)Eligible Projects.—The following projects are eligible to receive grants under this section:
(1) Deployment of railroad safety technology, including positive train control and rail integrity inspection systems.
(2) A capital project as defined in section 22901(2), except that a project shall not be required to be in a State rail plan developed under chapter 227.
(3) A capital project identified by the Secretary as being necessary to address congestion or safety challenges affecting rail service.
(4) A capital project identified by the Secretary as being necessary to reduce congestion and facilitate ridership growth in intercity passenger rail transportation along heavily traveled rail corridors.
(5) A highway-rail grade crossing improvement project, including installation, repair, or improvement of grade separations, railroad crossing signals, gates, and related technologies, highway traffic signalization, highway lighting and crossing approach signage, roadway improvements such as medians or other barriers, railroad crossing panels and surfaces, and safety engineering improvements to reduce risk in quiet zones or potential quiet zones.
(6) A rail line relocation or improvement project.
(7) A capital project to improve short-line or regional railroad infrastructure.
(8) The preparation of regional rail and corridor service development plans and corresponding environmental analyses.
(9) Any project that the Secretary considers necessary to enhance multimodal connections or facilitate service integration between rail service and other modes, including between intercity rail passenger transportation and intercity bus service or commercial air service.
(10) The development and implementation of a safety program or institute designed to improve rail safety.
(11) The development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities.
(12) Any research that the Secretary considers necessary to advance any particular aspect of rail-related capital, operations, or safety improvements.
(13) Workforce development and training activities, coordinated to the extent practicable with the existing local training programs supported by the Department of Transportation, the Department of Labor, and the Department of Education.
(14) Research, development, and testing to advance and facilitate innovative rail projects, including projects using electromagnetic guideways in an enclosure in a very low-pressure environment.
(15) The preparation of emergency plans for communities through which hazardous materials are transported by rail.
(16) Rehabilitating, remanufacturing, procuring, or overhauling locomotives, provided that such activities result in a significant reduction of emissions.
(d)Application Process.—The Secretary shall prescribe the form and manner of filing an application under this section.
(e)Project Selection Criteria.—
(1)In general.—In selecting a recipient of a grant for an eligible project, the Secretary shall—
(A) give preference to a proposed project for which the proposed Federal share of total project costs does not exceed 50 percent; and
(B) after factoring in preference to projects under subparagraph (A), select projects that will maximize the net benefits of the funds appropriated for use under this section, considering the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project and factoring in the other considerations described in paragraph (2).
(2)Other considerations.—The Secretary shall also consider the following:
(A) The degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the project.
(B) The recipient’s past performance in developing and delivering similar projects, and previous financial contributions.
(C) Whether the recipient has or will have the legal, financial, and technical capacity to carry out the proposed project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities.
(D) If applicable, the consistency of the proposed project with planning guidance and documents set forth by the Secretary or required by law or State rail plans developed under chapter 227.
(E) If applicable, any technical evaluation ratings the proposed project received under previous competitive grant programs administered by the Secretary.
(F) Such other factors as the Secretary considers relevant to the successful delivery of the project.
(3)Benefits.—The benefits described in paragraph (1)(B) may include the effects on system and service performance, including measures such as improved safety, competitiveness, reliability, trip or transit time, resilience, efficiencies from improved integration with other modes, the ability to meet existing or anticipated demand, and any other benefits.
(f)Performance Measures.—The Secretary shall establish performance measures for each grant recipient to assess progress in achieving strategic goals and objectives. The Secretary may require a grant recipient to periodically report information related to such performance measures.
(g)Rural Areas.—
(1)In general.—Of the amounts appropriated under this section, at least 25 percent shall be available for projects in rural areas. The Secretary shall consider a project to be in a rural area if all or the majority of the project (determined by the geographic location or locations where the majority of the project funds will be spent) is located in a rural area.
(2)Definition of rural area.—In this subsection, the term “rural area” means any area not in an urbanized area, as defined by the Bureau of the Census.
(h)Federal Share of Total Project Costs.—
(1)Total project costs.—The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.
(2)Federal share.—The Federal share of total project costs under this section shall not exceed 80 percent.
(3)Treatment of passenger rail revenue.—If Amtrak or another rail carrier is an applicant under this section, Amtrak or the other rail carrier, as applicable, may use ticket and other revenues generated from its operations and other sources to satisfy the non-Federal share requirements.
(4)Grade crossing and trespassing projects.—Applicants may use costs incurred previously for preliminary engineering associated with highway-rail grade crossing improvement projects under subsection (c)(5) and trespassing prevention projects under subsection (c)(11) to satisfy the non-Federal share requirements.
(i)Applicability.—Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the requirements of this chapter.
(j)Availability.—Amounts appropriated for carrying out this section shall remain available until expended.
(k)Limitation.—The requirements under sections 22902, 22903, and 22904, and the definition contained in section 22901(1) shall not apply to this section.
(l)Special Transportation Circumstances.—
(1)In general.—In carrying out this chapter, the Secretary shall allocate an appropriate portion of the amounts available to programs in this chapter to provide grants to States—
(A) in which there is no intercity passenger rail service, for the purpose of funding freight rail capital projects that are on a State rail plan developed under chapter 227, including highway construction over rail facilities as an alternative to construction or improvement of a highway-rail grade crossing, that provide public benefits (as defined in chapter 227), as determined by the Secretary; or
(B) in which the rail transportation system is not physically connected to rail systems in the continental United States or may not otherwise qualify for a grant under this section due to the unique characteristics of the geography of that State or other relevant considerations, for the purpose of funding transportation-related capital projects.
(2)Definition.—For the purposes of this subsection, the term “appropriate portion” means a share, for each State subject to paragraph (1), not less than the share of the total railroad route miles in such State of the total railroad route miles in the United States, excluding from all totals the route miles exclusively used for tourist, scenic, and excursion railroad operations.
(Added Pub. L. 114–94, div. A, title XI, § 11301(a), Dec. 4, 2015, 129 Stat. 1644, § 24407; renumbered § 22907 and amended Pub. L. 115–420, § 7(a)(1), (b)(2)(D), Jan. 3, 2019, 132 Stat. 5445, 5446; Pub. L. 117–58, div. B, title II, § 22303(a), (c)(1), Nov. 15, 2021, 135 Stat. 718.)