[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1465 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1465

    To establish a competitive grant program for highway-rail grade 
                     crossing improvement projects.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 29, 2021

Ms. Cantwell (for herself and Mr. Blunt) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To establish a competitive grant program for highway-rail grade 
                     crossing improvement projects.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Crossing Elimination Act''.

SEC. 2. RAILROAD CROSSING ELIMINATION PROGRAM.

    (a) In General.--Chapter 229 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 22909. Railroad Crossing Elimination Program
    ``(a) In General.--The Secretary of the Transportation, in 
cooperation with the Administrator of the Federal Railroad 
Administration, shall establish a competitive grant program (referred 
to in this section as the `Program') under which the Secretary shall 
award grants to eligible recipients described in subsection (c) for 
highway-rail grade crossing improvement projects that focus on 
improving the safety and mobility of people and goods.
    ``(b) Goals.--The goals of the Program are--
            ``(1) to eliminate highway-rail grade crossings that are 
        frequently blocked by trains;
            ``(2) to improve the health and safety of communities;
            ``(3) to reduce the impacts that freight movement and 
        railroad operations may have on underserved communities; and
            ``(4) to improve the mobility of people and goods.
    ``(c) Eligible Recipients.--The following entities are eligible to 
receive a grant under this section:
            ``(1) A State, including the District of Columbia, Puerto 
        Rico, and other United States territories and possessions.
            ``(2) A political subdivision of a State.
            ``(3) A federally recognized Indian Tribe.
            ``(4) A unit of local government or a group of local 
        governments.
            ``(5) A public port authority, including inland ports.
            ``(6) A metropolitan planning organization.
            ``(7) A group of entities described in any of paragraphs 
        (1) through (6).
    ``(d) Eligible Projects.--The Secretary may award a grant under the 
Program for a highway-rail or pathway-rail grade crossing improvement 
project (including acquiring real property interests) involving--
            ``(1) grade separation or closure, including through the 
        use of a bridge or a tunnel;
            ``(2) track relocation;
            ``(3) the improvement or installation of protective 
        devices, signals, signs, or other measures to improve safety if 
        it is related to a separation or relocation project described 
        in paragraph (1) or (2);
            ``(4) other means intended to improve the mobility of 
        people and goods at highway-rail grade crossings (including 
        technological solutions);
            ``(5) a group of related projects described in paragraphs 
        (1) through (4) that would collectively improve freight 
        mobility; or
            ``(6) the planning and design of an eligible project 
        described in paragraphs (1) through (5).
    ``(e) Application Process.--
            ``(1) In general.--An eligible entity desiring a grant 
        under the Program shall submit an application to the Secretary 
        at such time, in such manner, and containing such information 
        as the Secretary may require.
            ``(2) Railroad approvals.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Secretary shall require 
                applicants to obtain the necessary approvals from any 
                impacted rail carriers or right-of-way owners before 
                proceeding with the construction of a project funded by 
                a grant under the Program.
                    ``(B) Exception.--The requirement under 
                subparagraph (A) shall not apply to planning projects 
                described in subsection (d)(6) if the applicant agrees 
                to work collaboratively with rail carriers and right-
                of-way owners.
    ``(f) Project Selection Criteria.--
            ``(1) In general.--In awarding grants under the Program, 
        the Secretary shall evaluate the extent to which proposed 
        projects would--
                    ``(A) improve safety at highway-rail or pathway-
                rail grade crossings;
                    ``(B) improve the mobility of people and goods;
                    ``(C) reduce emissions, protect the environment, 
                and provide community benefits, including noise 
                reduction;
                    ``(D) improve access to emergency services;
                    ``(E) provide economic benefits; and
                    ``(F) improve access to communities separated by 
                rail crossings.
            ``(2) Additional considerations.--In awarding grants under 
        the Program, the Secretary shall consider--
                    ``(A) the degree to which the proposed project 
                will--
                            ``(i) use innovative technologies;
                            ``(ii) use innovative design and 
                        construction techniques; or
                            ``(iii) use construction materials that 
                        reduce greenhouse gas emissions;
                    ``(B) the applicant's planned use of contracting 
                incentives to employ local labor, to the extent 
                permissible under Federal statutes and regulations;
                    ``(C) whether the proposed project improves the 
                mobility of--
                            ``(i) multiple modes of transportation, 
                        including ingress and egress from freight 
                        facilities; or
                            ``(ii) users of nonvehicular modes of 
                        transportation, such as pedestrians, 
                        bicyclists, and public transportation;
                    ``(D) whether the proposed project is identified 
                in--
                            ``(i) the freight investment plan component 
                        of a State freight plan, as required under 
                        section 70202(b)(9) of title 49, United States 
                        Code;
                            ``(ii) a State rail plan prepared under 
                        chapter 227; or
                            ``(iii) a State highway-rail grade crossing 
                        action plan, as required under section 11401(b) 
                        of the FAST Act (49 U.S.C. 22501 note); and
                    ``(E) the level of financial support provided by 
                impacted rail carriers.
            ``(3) Award distribution.--In selecting grants for Program 
        funds in any fiscal year, the Secretary shall comply with the 
        following limitations:
                    ``(A) Grant funds.--Not less than 20 percent of the 
                grant funds available for the Program in any fiscal 
                year shall be reserved for projects located in rural 
                areas or on tribal lands. The requirement under section 
                22907(l) of title 49, United States Code, shall not 
                apply to grant funds reserved under this subparagraph.
                    ``(B) Planning grants.--Not less than 25 percent of 
                the grant funds set aside for planning projects in any 
                fiscal year pursuant to subsection (k)(2) shall be 
                awarded for projects located in rural areas or on 
                tribal lands.
                    ``(C) State limitation.--Not more than 20 percent 
                of the grant funds available for the Program in any 
                fiscal year may be selected for projects in any single 
                State.
                    ``(D) Minimum size.--No grant awarded under this 
                section shall be for less than $1,000,000.
    ``(g) Cost Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of a project carried out using a 
        grant under the Program may not exceed 80 percent of the total 
        cost of the project. Applicants may count costs incurred for 
        preliminary engineering associated with highway-rail and 
        pathway-rail grade crossing improvement projects as part of the 
        total project costs.
            ``(2) Planning projects.--The Federal share of the cost of 
        a planning project described in subsection (d)(6) may be 100 
        percent of the total cost of the project.
    ``(h) Congressional Notification.--Not later than 3 days before 
awarding a grant for a project under the Program, the Secretary shall 
submit written notification of the proposed grant to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives, 
which notification shall include--
            ``(1) a summary of the project; and
            ``(2) the amount of the proposed grant award.
    ``(i) Defined Term.--In this section, the term `rural area' means 
any area that is not in an urbanized area, as defined by the Bureau of 
the Census.
    ``(j) Annual Report.--Not later than 60 days after each round of 
award notifications, the Secretary shall post, on the public website of 
the Department of Transportation, a list of--
            ``(1) all eligible applicants that submitted an application 
        for funding under the Program during such fiscal year;
            ``(2) the grant recipients and projects that received grant 
        funding under the Program during such fiscal year; and
            ``(3) a list of proposed projects and applicants that were 
        determined to be ineligible.
    ``(k) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        $500,000,000 in each of the fiscal years 2022 through 2026 to 
        carry out the Program.
            ``(2) Planning projects set aside.--Not less than 3 percent 
        of the amount appropriated for the Program in each fiscal year 
        shall be used for planning projects described in subsection 
        (d)(6).
            ``(3) Administrative costs.--Not more than 2 percent of the 
        amount appropriated for the Program in each fiscal year may be 
        used for administrative costs.''.
    (b) Clerical Amendment.--The table of sections in chapter 229 of 
title 49, United States Code, is amended by adding at the end the 
following:

``22909. Railroad Crossing Elimination Program.''.
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