(1) A State.
(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 defined in section 24102).
(7) A Class II railroad or Class III railroad (as those terms are defined in section 20102).
(8) Any rail carrier or rail equipment manufacturer in partnership with at least 1 of the entities described in paragraphs (1) through (5).
(9) The Transportation Research Board and any entity with which it contracts in the development of rail-related research, including cooperative research programs.
(10) A University transportation center engaged in rail-related research.
(11) A non-profit labor organization representing a class or craft of employees of rail carriers or rail carrier contractors.
(1) Deployment of railroad safety technology, including positive train control and rail integrity inspection systems.
(2) A capital project as defined in section 24401(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 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 and 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) Any research that the Secretary considers necessary to advance any particular aspect of rail-related capital, operations, or safety improvements.
(12) 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.
(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).
(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.
(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 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.
(Added Pub. L. 114–94, div. A, title XI, §11301(a), Dec. 4, 2015, 129 Stat. 1644.)
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
Pub. L. 114–94, div. A, title XI, §11313, Dec. 4, 2015, 129 Stat. 1673, provided that:
"(1) support the development of an efficient and effective intercity passenger rail network;
"(2) identify the data needed to conduct cost-effective modeling and analysis for intercity passenger rail development programs;
"(3) determine limitations to the data used for inputs;
"(4) develop a strategy to address such limitations;
"(5) identify barriers to accessing existing data;
"(6) develop recommendations regarding whether the authorization of additional data collection for intercity passenger rail travel is warranted; and
"(7) determine which entities should be responsible for generating or collecting needed data.
"(1) providing ongoing guidance and training on developing benefit and cost information for rail projects;
"(2) providing more direct and consistent requirements for assessing benefits and costs across transportation funding programs, including the appropriate use of discount rates;
"(3) requiring applicants to clearly communicate the methodology used to calculate the project benefits and costs, including non-proprietary information on—
"(A) assumptions underlying calculations;
"(B) strengths and limitations of data used; and
"(C) the level of uncertainty in estimates of project benefits and costs; and
"(4) ensuring that applicants receive clear and consistent guidance on values to apply for key assumptions used to estimate potential project benefits and costs.
Pub. L. 114–94, div. A, title XI, §11401, Dec. 4, 2015, 129 Stat. 1679, provided that:
"(A) methodologies, tools, and data sources for identifying and evaluating highway-rail grade crossing safety risks, including the public safety risks posed by blocked highway-rail grade crossings due to idling trains;
"(B) best practices to reduce the risk of highway-rail grade crossing accidents or incidents and to alleviate the blockage of highway-rail grade crossings due to idling trains, including strategies for—
"(i) education, including model stakeholder engagement plans or tools;
"(ii) engineering, including the benefits and costs of different designs and technologies used to mitigate highway-rail grade crossing safety risks; and
"(iii) enforcement, including the strengths and weaknesses associated with different enforcement methods;
"(C) for each State, a customized list and data set of the highway-rail grade crossing accidents or incidents in that State over the past 3 years, including the location, number of deaths, and number of injuries for each accident or incident, and a list of highway-rail grade crossings in that State that have experienced multiple accidents or incidents over the past 3 years; and
"(D) contact information of a Department of Transportation safety official available to assist the State in adapting the model plan to satisfy the requirements under subsection (b).
"(A) each State, except the 10 States identified under section 202 of the Rail Safety Improvement Act of 2008 (49 U.S.C. 22501 note), to develop and implement a State highway-rail grade crossing action plan; and
"(B) each State identified under section 202 of the Rail Safety Improvement Act of 2008 [div. A of Pub. L. 110–432] (49 U.S.C. 22501 note) to—
"(i) update the State action plan under such section; and
"(ii) submit to the Administrator—
"(I) the updated State action plan; and
"(II) a report describing what the State did to implement its previous State action plan under such section and how the State will continue to reduce highway-rail grade crossing safety risks.
"(A) identify highway-rail grade crossings that have experienced recent highway-rail grade crossing accidents or incidents or multiple highway-rail grade crossing accidents or incidents, or are at high-risk for accidents or incidents;
"(B) identify specific strategies for improving safety at highway-rail grade crossings, including highway-rail grade crossing closures or grade separations; and
"(C) designate a State official responsible for managing implementation of the State action plan under subparagraph (A) or (B) of paragraph (1), as applicable.
"(A) if the State action plan is approved, notify the State and publish the State action plan under paragraph (4); and
"(B) if the State action plan is incomplete or deficient, notify the State of the specific areas in which the plan is deficient and allow the State to complete the plan or correct the deficiencies and resubmit the plan under paragraph (1).
"(1) the specific strategies identified by States to improve safety at highway-rail grade crossings, including crossings with multiple accidents or incidents; and
"(2) the progress each State described under subsection (b)(1)(B) has made in implementing its action plan.
"(A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more railroad tracks either at grade or grade-separated; or
"(B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of non-vehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses 1 or more railroad tracks either at grade or grade-separated.
Pub. L. 110–432, div. A, title II, §202, Oct. 16, 2008, 122 Stat. 4868, provided that:
[For definitions of "Secretary", "State", and "crossing", as used in section 202 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]
Pub. L. 110–432, div. A, title II, §206, Oct. 16, 2008, 122 Stat. 4873, as amended by Pub. L. 114–94, div. A, title XI, §11316(j)(4), Dec. 4, 2015, 129 Stat. 1677, provided that:
"(1) $2,000,000 for each of fiscal years 2010 and 2011; and
"(2) $1,500,000 for each of fiscal years 2012 and 2013."
[For definitions of "railroad", "crossing", "Secretary", and "State", as used in section 206 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.]