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49 U.S.C. § 26106 — High-speed rail corridor development
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Transportation shall establish and implement a high-speed rail corridor development program.
**(b) Definitions.—** In this section, the following definitions apply:
(1) **Applicant.—** — 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.
(2) **Corridor.—** — The term “corridor” means a corridor designated by the Secretary pursuant to section 104(d)(2) 11 See References in Text note below. of title 23.
(3) **Capital project.—** — 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.
(4) **High-speed rail.—** — The term “high-speed rail” means intercity passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour.
(5) **Intercity passenger rail service.—** — The term “intercity passenger rail service” has the meaning given the term “intercity rail passenger transportation” in [sect
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Source location: Title 49, Chapter 261, § 26106; chapter-261-high-speed-rail-assistance.md
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**(a) In General.—** The Secretary of Transportation shall establish and implement a high-speed rail corridor development program.
**(b) Definitions.—** In this section, the following definitions apply:
(1) **Applicant.—** — 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.
(2) **Corridor.—** — The term “corridor” means a corridor designated by the Secretary pursuant to section 104(d)(2) 11 See References in Text note below. of title 23.
(3) **Capital project.—** — 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.
(4) **High-speed rail.—** — The term “high-speed rail” means intercity passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour.
(5) **Intercity passenger rail service.—** — The term “intercity passenger rail service” has the meaning given the term “intercity rail passenger transportation” in [section 24102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section24102&num=0&edition=prelim).
(6) **State.—** — The term “State” means any of the 50 States or the District of Columbia.
**(c) General Authority.—** The Secretary may make grants under this section to an applicant to finance capital projects in high-speed rail corridors.
**(d) Applications.—** 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.
**(e) Competitive Grant Selection and Criteria for Grants.—**
(1) **In general.—** — The Secretary shall—
(A) establish criteria for selecting among projects that meet the criteria specified in paragraph (2);
(B) conduct a national solicitation for applications; and
(C) award grants on a competitive basis.
(2) **Grant criteria.—** — The Secretary, in selecting the recipients of high-speed rail development grants to be provided under subsection (c), shall—
(A) require—
(i) 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;
(ii) 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;
(iii) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section26101&num=0&edition=prelim);
(iv) that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection;
(v) 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;
(vi) that each proposed project meet all safety and security requirements that are applicable to the project under law; and
(vii) that each project be compatible with, and operated in conformance with—
(I) plans developed pursuant to the requirements of [section 135 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section135&num=0&edition=prelim); and
(II) the national rail plan (if it is available);
(B) select high-speed rail projects—
(i) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of the project’s—
(I) 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;
(II) anticipated favorable impact on air or highway traffic congestion, capacity, or safety; and
(ii) 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—
(I) the project’s precommencement compliance with environmental protection requirements;
(II) the readiness of the project to be commenced;
(III) the commitment of any affected host rail carrier to ensure the realization of the anticipated benefits; and
(IV) other relevant factors as determined by the Secretary;
(iii) for which the level of the anticipated benefits compares favorably to the amount of Federal funding requested under this section; and
(C) give greater consideration to projects—
(i) 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—
(I) encouragement of intermodal connectivity through provision of direct connections between train stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation;
(II) anticipated improvement of conventional intercity passenger, freight, or commuter rail operations;
(III) use of positive train control technologies;
(IV) environmental benefits, including projects that involve the purchase of environmentally sensitive, fuel-efficient, and cost-effective passenger rail equipment;
(V) anticipated positive economic and employment impacts;
(VI) encouragement of State and private contributions toward station development, energy and environmental efficiency, and economic benefits; and
(VII) falling under the description in section 5302(a)(1)(G) 1 of this title as defined to support intercity passenger rail service; and
(ii) that incorporate equitable financial participation in the project’s financing, including, but not limited to, consideration of—
(I) donated property interests or services;
(II) financial contributions by intercity passenger, freight, and commuter rail carriers commensurate with the benefit expected to their operations; and
(III) financial commitments from host railroads, non-Federal governmental entities, non-governmental entities, and others.
(3) **Grant conditions.—** — The Secretary shall require each recipient of a grant under this chapter to comply with the grant requirements of section 22905.
(4) **State rail plans.—** — 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.
**(f) Federal Share.—** The Federal share of the cost of a project financed under this section shall not exceed 80 percent of the project net capital cost.
**(g) Issuance of Regulations.—** Within 1 year after the date of enactment of this section, the Secretary shall issue regulations to carry out this section.
**(h) Authorization of Appropriations.—** There are authorized to be appropriated to the Secretary to carry out this section—
(1) $150,000,000 for fiscal year 2009;
(2) $300,000,000 for fiscal year 2010;
(3) $350,000,000 for fiscal year 2011;
(4) $350,000,000 for fiscal year 2012; and
(5) $350,000,000 for fiscal year 2013.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “auto-ferry transportation” means intercity rail passenger transportation—
(A) of automobiles or recreational vehicles and their occupants; and
(B) when space is available, of used unoccupied vehicles.
(2) “commuter authority” means a State, local, or regional entity established to provide, or make a contract providing for, commuter rail passenger transportation.
(3) “commuter rail passenger transportation” means short-haul rail passenger transportation in metropolitan and suburban areas usually having reduced fare, multiple-ride, and commuter tickets and morning and evening peak period operations.
(4) “intercity rail passenger transportation” means rail passenger transportation, except commuter rail passenger transportation.
(5) “long-distance route” means a route described in subparagraph (C) of paragraph (7).
(6) “National Network” includes long-distance routes and State-supported routes.
(7) “national rail passenger transportation system” means—
(A) the segment of the continuous Northeast Corridor railroad line between Boston, Massachusetts, and Washington, District of Columbia;
(B) rail corridors that have been designated by the Secretary of Transportation as high-speed rail corridors (other than corridors described in subparagraph (A)), but only after regularly scheduled intercity service over a corridor has been established;
(C) long-distance routes of more than 750 miles between endpoints operated by Amtrak as of the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; and
(D) short-distance corridors, or routes of not more than 750 miles between endpoints, operated by—
(i) Amtrak; or
(ii) another rail carrier that receives funds under chapter 229.
(8) “Northeast Corridor” means Con
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings.—**
(1) Public convenience and necessity require that Amtrak, to the extent its budget allows, provide modern, cost-efficient, and energy-efficient intercity rail passenger transportation throughout the United States.
(2) Rail passenger transportation can help alleviate overcrowding of airways and airports and on highways.
(3) A traveler in the United States should have the greatest possible choice of transportation most convenient to the needs of the traveler.
(4) A greater degree of cooperation is necessary among Amtrak, other rail carriers, State, regional, and local governments, the private sector, labor organizations, and suppliers of services and equipment in order to meet the intercity passenger rail needs of the United States.
(5) Modern and efficient intercity passenger and commuter rail passenger transportation is important to the viability and well-being of major urban and rural areas and to the energy conservation and self-sufficiency goals of the United States.
(6) As a rail passenger transportation entity, Amtrak should be available to operate commuter rail passenger transportation through its subsidiary, Amtrak Commuter, under contract with commuter authorities that do not provide the transportation themselves as part of the governmental function of the State.
(7) The Northeast Corridor is a valuable resource of the United States used by intercity and commuter rail passenger transportation and freight transportation.
(8) Greater coordination between intercity and commuter rail passenger transportation is required.
(9) Long-distance routes are valuable resources of the United States that are used by rural and urban communities.
**(b) Mission.—** The mission of Amtrak is to provide efficient and effective intercity passenger rail mo
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Requirements.—**
(1) **Development of plans and programs.—** — Subject to section 134, to accomplish the objectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State.
(2) **Contents.—** — The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter van pool providers) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States.
(3) **Process of development.—** — The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a) and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.
**(b) Coordination With Metropolitan Planning; State Implementation Plan.—** A State shall—
(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 134 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and
(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act ([42 U.S.C. 7401]
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 135
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Managing Costs and Revenues.—** Amtrak shall manage its operating costs, pricing policies, and other factors with the goal of having revenues derived each fiscal year from providing intercity rail passenger transportation over the Northeast Corridor route between the District of Columbia and Boston, Massachusetts, equal at least the operating costs of providing that transportation in that fiscal year.
**(b) Priorities in Selecting and Scheduling Projects.—** When selecting and scheduling specific projects, Amtrak shall apply the following considerations, in the following order of priority:
(1) Safety-related items should be completed before other items because the safety of the passengers and users of the Northeast Corridor is paramount.
(2) Activities that benefit the greatest number of passengers should be completed before activities involving fewer passengers.
(3) Reliability of intercity rail passenger transportation must be emphasized.
(4) Trip-time requirements of this section must be achieved to the extent compatible with the priorities referred to in paragraphs (1)–(3) of this subsection.
(5) Improvements that will pay for the investment by achieving lower operating or maintenance costs should be carried out before other improvements.
(6) Construction operations should be scheduled so that the fewest possible passengers are inconvenienced, transportation is maintained, and the on-time performance of Northeast Corridor commuter rail passenger and rail freight transportation is optimized.
(7) Planning should focus on completing activities that will provide immediate benefits to users of the Northeast Corridor.
**(c) Compatibility With Future Improvements and Production of Maximum Labor Benefits.—** Improvements under this section shall be compatible
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 24902
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Administrative Expenses.—**
(1) **In general.—** — There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration—
(A) $490,964,697 for fiscal year 2022;
(B) $500,783,991 for fiscal year 2023;
(C) $510,799,671 for fiscal year 2024;
(D) $521,015,664 for fiscal year 2025; and
(E) $531,435,977 for fiscal year 2026.
(2) **Purposes.—** — The amounts authorized to be appropriated by this subsection shall be used—
(A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2;
(B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and
(C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with [section 3521 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3521&num=0&edition=prelim).
(3) **Availability.—** — The amounts made available under paragraph (1) shall remain available until expended.
**(b) Division Among Programs of State’s Share of Base Apportionment.—** The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway fr
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise specifically provided, in this chapter the following definitions apply:
(1) **Assault on a transit worker.—** — The term “assault on a transit worker” means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker.
(2) **Associated transit improvement.—** — The term “associated transit improvement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are—
(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service;
(B) bus shelters;
(C) functional landscaping and streetscaping, including benches, trash receptacles, and street lights;
(D) pedestrian access and walkways;
(E) bicycle access, including bicycle storage shelters and parking facilities and the installation of equipment for transporting bicycles on public transportation vehicles;
(F) signage; or
(G) enhanced access for persons with disabilities to public transportation.
(3) **Bus rapid transit system.—** — The term “bus rapid transit system” means a bus transit system—
(A) in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and
(B) that includes features that e
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5302
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary shall prescribe procedures for States to submit State rail plans for review under this title, including standardized format and data requirements. 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 this chapter, as determined by the Secretary, shall be deemed by the Secretary to have met the requirements of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 22706
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Corridor Planning Assistance.—**
(1) The Secretary may provide under this section financial assistance to a public agency or group of public agencies for corridor planning for up to 50 percent of the publicly financed costs associated with eligible activities.
(2) No less than 20 percent of the publicly financed costs associated with eligible activities shall come from State and local sources, which State and local sources may not include funds from any Federal program.
**(b) Eligible Activities.—**
(1) A corridor planning activity is eligible for financial assistance under subsection (a) if the Secretary determines that it is necessary to establish appropriate engineering, operational, financial, environmental, or socioeconomic projections for the establishment of high-speed rail service in the corridor and that it leads toward development of a prudent financial and institutional plan for implementation of specific high-speed rail improvements, or if it is an activity described in subparagraph (M). Eligible corridor planning activities include—
(A) environmental assessments;
(B) feasibility studies emphasizing commercial technology improvements or applications;
(C) economic analyses, including ridership, revenue, and operating expense forecasting;
(D) assessing the impact on rail employment of developing high-speed rail corridors;
(E) assessing community economic impacts;
(F) coordination with State and metropolitan area transportation planning and corridor planning with other States;
(G) operational planning;
(H) route selection analyses and purchase of rights-of-way for proposed high-speed rail service;
(I) preliminary engineering and design;
(J) identification of specific improvements to a corridor, including electrification,
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 26101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Buy America.—**
(1) The Secretary of Transportation may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States.
(2) The Secretary of Transportation may waive paragraph (1) of this subsection if the Secretary finds that—
(A) applying paragraph (1) would be inconsistent with the public interest;
(B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality;
(C) rolling stock or power train equipment cannot be bought and delivered in the United States within a reasonable time; or
(D) including domestic material will increase the cost of the overall project by more than 25 percent.
(3) For purposes of this subsection, in calculating the components’ costs, labor costs involved in final assembly shall not be included in the calculation.
(4) If the Secretary determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the Secretary shall, before the date on which such finding takes effect—
(A) publish in the Federal Register a detailed written justification as to why the waiver is needed; and
(B) provide notice of such finding and an opportunity for public comment on such finding for a reasonable period of time not to exceed 15 days.
(5) Not later than December 31, 2012, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on any waivers granted under paragraph (2).
(6) The Secretary of Transportation may not make a waiver under
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 22905
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Federal law — U.S. Code and appendices · legal_authorities
Page 738
TITLE 49—TRANSPORTATION
§ 26106
1 See References in Text note below.
VII, § 7201(b), June 9, 1998, 112 Stat. 470; Pub. L.
109–59, title IX, § 9001(c), Aug. 10, 2005, 119 Stat.
1919.)
Editorial Notes
AMENDMENTS
2005—Par.
(1).
Pub.
L.
109–59
substituted
‘‘, cooperative agreements, and other transactions’’ for
‘‘and cooperative agreements’’.
1998—Par. (2). Pub. L. 105–178 amended par. (2) gen-
erally. Prior to amendment, par. (2) read as follows:
‘‘the term ‘high-speed rail’ has the meaning given such
term under section 511(n) of the Railroad Revitalization
and Regulatory Reform Act of 1976;’’.
§ 26106. High-speed rail corridor development
(a) IN GENERAL.—The Secretary of Transpor-
tation shall establish and implement a high-
speed rail corridor development program.
(b) DEFINITIONS.—In this section, the following
definitions apply:
(1) APPLICANT.—The term ‘‘applicant’’ means
a State, a group of States, an Interstate Com-
pact, a public agency established by one or
more States and having responsibility for pro-
viding high-speed rail service, or Amtrak.
(2) CORRIDOR.—The term ‘‘corridor’’ means a
corridor designated by the Secretary pursuant
to section 104(d)(2) 1 of title 23.
(3) CAPITAL
PROJECT.—The term ‘‘capital
project’’ means a project or program in a
State rail plan developed under chapter 227 of
this title for acquiring, constructing, improv-
ing, or inspecting equipment, track, and track
structures, or a facility of use in or for the pri-
mary benefit of high-speed rail service, ex-
penses incidental to the acquisition or con-
struction (including designing, engineering,
location surveying, mapping, environmental
studies, and acquiring rights-of-way), pay-
ments for the capital portions of rail trackage
rights agreements,
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 26106
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.