49 U.S.C. § 26106 — High-speed rail corridor development
submitted 18 years ago by Pub. L. 110-432 to r/title-49-TRANSPORTATION · 1,188 words · no verdicts yet
This section establishes a Federal high-speed rail corridor development grant program. It defines applicants and eligible projects and sets competitive-selection, cost-share, regulatory, and appropriation rules.
(a) The Transportation Secretary* must establish and operate the program. (b) “Applicant” means a State, group of States, interstate compact, State-created public agency responsible for high-speed service, or Amtrak. “Corridor” means one designated under section 104(d)(2) of title 23. “Capital project” includes a State-plan project to acquire, build, improve, or inspect high-speed equipment, track, structures, and facilities; related design, engineering, surveys, mapping, environmental studies, rights-of-way, capital trackage-rights payments, crossings, environmental mitigation, communications and signals, relocation, replacement housing sites, and replacement housing. “High-speed rail” means intercity service reasonably expected to reach at least 110 mph. “Intercity passenger rail service” has the meaning of section 24102. “State” means the 50 States and DC. (c) The Secretary may grant applicants money for corridor capital projects. (d) Applicants must apply in the required form and manner. (e) The Secretary must set selection criteria, solicit nationally, and award competitively. A project must be in a qualifying State rail plan; the applicant or recipient must have legal, financial, and technical capacity, continuing control, and willingness and ability to maintain it; it must be based on preliminary engineering or planning; provide enough information for required findings; justify any chosen operator as best considering cost and other factors; meet safety and security law; and match title 23 planning and the national rail plan if available. The Secretary selects projects expected to significantly improve service, considering ridership, on-time performance, time, frequency, and other enhancements; air and highway effects; feasibility, environmental compliance, readiness, host-carrier commitment, other relevant factors; and benefits relative to requested Federal funds. Greater consideration goes to projects benefiting other modes and the public through intermodal links, conventional rail improvements, positive train control, environmental and efficient equipment, economic and job effects, State/private station and efficiency contributions, and section 5302(a)(1)(G) activities; and to equitable financing through donated interests or services, carrier contributions matching benefits, and host-railroad, non-Federal, private, and other commitments. Recipients must follow section 22905 grant requirements. Earlier State plans substantially meeting chapter 227 may be treated as meeting the plan requirement. (f) Federal share may not exceed 80% of net capital cost. (g) Within one year after enactment, the Secretary must issue regulations. (h) Authorized appropriations are $150,000,000 for 2009, $300,000,000 for 2010, $350,000,000 for 2011, $350,000,000 for 2012, and $350,000,000 for 2013.
The Secretary* of Transportation shall establish and implement a high-speed rail corridor development program.
In this section, the following definitions apply:
The term “applicant” means a State, a group of States, an Interstate Compact, a public agency established by one or more States and having responsibility for providing high-speed rail service, or Amtrak.
The term “corridor” means a corridor designated by the Secretary pursuant to section 104(d)(2) 1 of title 23.
The term “capital project” means a project or program in a State rail plan developed under chapter 227 of this title for acquiring, constructing, improving, or inspecting equipment, track, and track structures, or a facility of use in or for the primary benefit of high-speed rail service, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements related to high-speed rail service, mitigating environmental impacts, communication and signalization improvements, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing.
The term “high-speed rail” means intercity passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour.
The term “intercity passenger rail service” has the meaning given the term “intercity rail passenger transportation” in section 24102 of this title.
The term “State” means any of the 50 States or the District of Columbia.
The Secretary may make grants under this section to an applicant to finance capital projects in high-speed rail corridors.
Each applicant seeking to receive a grant under this section to develop a high-speed rail corridor shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish.
The Secretary shall—
establish criteria for selecting among projects that meet the criteria specified in paragraph (2);
conduct a national solicitation for applications; and
award grants on a competitive basis.
The Secretary, in selecting the recipients of high-speed rail development grants to be provided under subsection (c), shall—
require—
that the project be part of a State rail plan developed under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008;
that the applicant or recipient has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities;
that the project be based on the results of preliminary engineering studies or other planning, including corridor planning activities funded under section 26101 of this title;
that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection;
that if an applicant has selected the proposed operator of its service, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors;
that each proposed project meet all safety and security requirements that are applicable to the project under law; and
that each project be compatible with, and operated in conformance with—
plans developed pursuant to the requirements of section 135 of title 23; and
the national rail plan (if it is available);
select high-speed rail projects—
that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of the project’s—
levels of estimated ridership, increased on-time performance, reduced trip time, additional service frequency to meet anticipated or existing demand, or other significant service enhancements as measured against minimum standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008;
anticipated favorable impact on air or highway traffic congestion, capacity, or safety; and
for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits, as indicated by—
the project’s precommencement compliance with environmental protection requirements;
the readiness of the project to be commenced;
the commitment of any affected host rail carrier to ensure the realization of the anticipated benefits; and
other relevant factors as determined by the Secretary;
for which the level of the anticipated benefits compares favorably to the amount of Federal funding requested under this section; and
give greater consideration to projects—
that are anticipated to result in benefits to other modes of transportation and to the public at large, including, but not limited to, consideration of the project’s—
encouragement of intermodal connectivity through provision of direct connections between train stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation;
anticipated improvement of conventional intercity passenger, freight, or commuter rail operations;
use of positive train control technologies;
environmental benefits, including projects that involve the purchase of environmentally sensitive, fuel-efficient, and cost-effective passenger rail equipment;
anticipated positive economic and employment impacts;
encouragement of State and private contributions toward station development, energy and environmental efficiency, and economic benefits; and
falling under the description in section 5302(a)(1)(G) 1 of this title as defined to support intercity passenger rail service; and
that incorporate equitable financial participation in the project’s financing, including, but not limited to, consideration of—
donated property interests or services;
financial contributions by intercity passenger, freight, and commuter rail carriers commensurate with the benefit expected to their operations; and
financial commitments from host railroads, non-Federal governmental entities, non-governmental entities, and others.
The Secretary shall require each recipient of a grant under this chapter to comply with the grant requirements of section 22905.
State rail plans completed before the date of enactment of the Passenger Rail Investment and Improvement Act of 2008 that substantially meet the requirements of chapter 227 of this title, as determined by the Secretary pursuant to section 22506 1 of this title, shall be deemed by the Secretary to have met the requirements of paragraph (2)(A)(i) of this subsection.
The Federal share of the cost of a project financed under this section shall not exceed 80 percent of the project net capital cost.
Within 1 year after the date of enactment of this section, the Secretary shall issue regulations to carry out this section.
There are authorized to be appropriated to the Secretary to carry out this section—
$150,000,000 for fiscal year 2009;
$300,000,000 for fiscal year 2010;
$350,000,000 for fiscal year 2011;
$350,000,000 for fiscal year 2012; and
$350,000,000 for fiscal year 2013.
Source credit: (Added Pub. L. 110–432, div. B, title V, § 501(d), Oct. 16, 2008, 122 Stat. 4960; amended Pub. L. 115–420, § 7(b)(3)(A)(ii), Jan. 3, 2019, 132 Stat. 5447.)
- 2008Enacted · Pub. L. 110-432 · 122 Stat. 4960
- 2019Amended · Pub. L. 115-420 · 132 Stat. 5447
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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