I 111th CONGRESS 1st Session H. R. 2530 IN THE HOUSE OF REPRESENTATIVES May 20, 2009 Mr. Nadler of New York introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize the Secretary of Transportation to make capital grants for certain freight rail economic development projects.

1.

Short title

This Act may be cited as the Freight Rail Economic Development Act of 2009.

2.

Capital grants for freight rail economic development projects

(a)

Establishment of program

The Secretary of Transportation shall carry out a program for making capital grants to construct freight rail switches and sidings to encourage economic development. (b)

Provision of grants and grant criteria

(1)

Eligibility

Grants shall be made under this section— (A)directly to a class I, class II or class II railroad; or (B)with the conconcurrence of the railroad to a State or local government. (2)

Considerations

The Secretary shall— (A)conduct a national solicitation for applications; (B)award grants on a competitive basis; and (C)establish criteria for selecting among projects that meet the criteria specified in paragraph (3). (3)

Grant Criteria

The Secretary, in selecting the recipients of grants to be provided under this subsection, shall select projects that— (A)construct or rehabilitate freight rail sidings; (B)construct or rehabilitate freight rail switches; (C)promote economic development; and (D)have a public benefit. (c)

State cooperation

Railroad applicants for a grant under this section are encouraged to utilize the expertise and assistance of State transportation agencies in applying for and administering such grants. State transportation agencies are encouraged to provide such expertise and assistance to such railroads. (d)

Federal share

The maximum Federal share for carrying out a project under this section shall be 80 percent of the project cost. The non-Federal share may be provided by any non-Federal source in cash, equipment, or supplies. Other in-kind contributions may be approved by the Secretary on a case-by-case basis. (e)

Wage rate requirements

All laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting and decorating of projects, buildings, and works, with respect to any project that receives assistance under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the Davis-Bacon Act). The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and in section 3145 of title 40, United States Code. (f)

Regulations

Not later than 180 days after the date of enactment of this Act, the Secretary shall prescribe regulations for carrying out this section. (g)

Authorization of appropriations

There are authorized to be appropriated to the Secretary of Transportation for use in carrying out this section $20,000,000 for each of the fiscal years 2010 through 2014.