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49 U.S.C. § 22907 — Consolidated rail infrastructure and safety improvements
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** The Secretary may make grants under this section to an eligible recipient to assist in financing the cost of improving passenger and freight rail transportation systems in terms of safety, efficiency, or reliability.
**(b) Eligible Recipients.—** The following entities are eligible to receive a grant under this section:
(1) A State (including the District of Columbia).
(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 rail carrier and intercity rail passenger transportation are defined in section 24102).
(7) A Class II railroad or Class III railroad (as those terms are defined in section 20102).
(8) An association representing 1 or more railroads described in paragraph (7).
(9) A federally recognized Indian Tribe.
(10) Any rail carrier or rail equipment manufacturer in partnership with at least 1 of the entities described in paragraphs (1) through (5).
(11) The Transportation Research Board and any entity with which it contracts in the development of rail-related research, including cooperative research programs.
(12) A University transportation center engaged in rail-related research.
(13) A non-profit labor organization representing a class or craft of employees of rail carriers or rail carrier contractors.
**(c) Eligible Projects.—** The following projects are eligible to receive grants under this section:
(1) Deployment of railroad safety technology, including positive train control and rail integrity inspection systems.
(2) A capital project as defined in section 22901(2), except that a project shall not be
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Source file: Laws/federal/codes/united-states-code/title-49/section-22907-consolidated-rail-infrastructure-and-safety-improvements--d482173f15.md
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Source location: Title 49, Chapter 229, § 22907; chapter-229-rail-improvement-grants.md
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**(a) General Authority.—** The Secretary may make grants under this section to an eligible recipient to assist in financing the cost of improving passenger and freight rail transportation systems in terms of safety, efficiency, or reliability.
**(b) Eligible Recipients.—** The following entities are eligible to receive a grant under this section:
(1) A State (including the District of Columbia).
(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 rail carrier and intercity rail passenger transportation are defined in section 24102).
(7) A Class II railroad or Class III railroad (as those terms are defined in section 20102).
(8) An association representing 1 or more railroads described in paragraph (7).
(9) A federally recognized Indian Tribe.
(10) Any rail carrier or rail equipment manufacturer in partnership with at least 1 of the entities described in paragraphs (1) through (5).
(11) The Transportation Research Board and any entity with which it contracts in the development of rail-related research, including cooperative research programs.
(12) A University transportation center engaged in rail-related research.
(13) A non-profit labor organization representing a class or craft of employees of rail carriers or rail carrier contractors.
**(c) Eligible Projects.—** The following projects are eligible to receive grants under this section:
(1) Deployment of railroad safety technology, including positive train control and rail integrity inspection systems.
(2) A capital project as defined in section 22901(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 or safety 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 or 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) The development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities.
(12) Any research that the Secretary considers necessary to advance any particular aspect of rail-related capital, operations, or safety improvements.
(13) 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.
(14) Research, development, and testing to advance and facilitate innovative rail projects, including projects using electromagnetic guideways in an enclosure in a very low-pressure environment.
(15) The preparation of emergency plans for communities through which hazardous materials are transported by rail.
(16) Rehabilitating, remanufacturing, procuring, or overhauling locomotives, provided that such activities result in a significant reduction of emissions.
**(d) Application Process.—** The Secretary shall prescribe the form and manner of filing an application under this section.
**(e) Project Selection Criteria.—**
(1) **In general.—** — In selecting a recipient of a grant for an eligible project, the Secretary shall—
(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).
(2) **Other considerations.—** — The Secretary shall also consider the following:
(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.
(3) **Benefits.—** — The benefits described in paragraph (1)(B) may include the effects on system and service performance, including measures such as improved safety, competitiveness, reliability, trip or transit time, resilience, efficiencies from improved integration with other modes, the ability to meet existing or anticipated demand, and any other benefits.
**(f) Performance Measures.—** The Secretary shall establish performance measures for each grant recipient to assess progress in achieving strategic goals and objectives. The Secretary may require a grant recipient to periodically report information related to such performance measures.
**(g) Rural Areas.—**
(1) **In general.—** — Of the amounts appropriated under this section, at least 25 percent shall be available for projects in rural areas. The Secretary shall consider a project to be in a rural area if all or the majority of the project (determined by the geographic location or locations where the majority of the project funds will be spent) is located in a rural area.
(2) **Definition of rural area.—** — In this subsection, the term “rural area” means any area not in an urbanized area, as defined by the Bureau of the Census.
**(h) Federal Share of Total Project Costs.—**
(1) **Total project costs.—** — The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities.
(2) **Federal share.—** — The Federal share of total project costs under this section shall not exceed 80 percent.
(3) **Treatment of passenger rail revenue.—** — If Amtrak or another rail carrier is an applicant under this section, Amtrak or the other rail carrier, as applicable, may use ticket and other revenues generated from its operations and other sources to satisfy the non-Federal share requirements.
(4) **Grade crossing and trespassing projects.—** — Applicants may use costs incurred previously for preliminary engineering associated with highway-rail grade crossing improvement projects under subsection (c)(5) and trespassing prevention projects under subsection (c)(11) to satisfy the non-Federal share requirements.
**(i) Applicability.—** Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the requirements of this chapter.
**(j) Availability.—** Amounts appropriated for carrying out this section shall remain available until expended.
**(k) Limitation.—** The requirements under sections 22902, 22903, and 22904, and the definition contained in section 22901(1) shall not apply to this section.
**(l) Special Transportation Circumstances.—**
(1) **In general.—** — In carrying out this chapter, the Secretary shall allocate an appropriate portion of the amounts available to programs in this chapter to provide grants to States—
(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, including highway construction over rail facilities as an alternative to construction or improvement of a highway-rail grade crossing, 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.
(2) **Definition.—** — For the purposes of this subsection, the term “appropriate portion” means a share, for each State subject to paragraph (1), not less than the share of the total railroad route miles in such State of the total railroad route miles in the United States, excluding from all totals the route miles exclusively used for tourist, scenic, and excursion railroad operations.
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Federal law — U.S. Code and appendices · legal_authorities
In this part—
(1) “Class I railroad”, “Class II railroad”, and “Class III railroad” mean railroad carriers that have annual carrier operating revenues that meet the threshold amount for Class I carriers, Class II carriers, and Class III carriers, respectively, as determined by the Surface Transportation Board under section 1201.1–1 of title 49, Code of Federal Regulations.
(2) “railroad”—
(A) means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including—
(i) commuter or other short-haul railroad passenger service in a metropolitan or suburban area and commuter railroad service that was operated by the Consolidated Rail Corporation on January 1, 1979; and
(ii) high speed ground transportation systems that connect metropolitan areas, without regard to whether those systems use new technologies not associated with traditional railroads; but
(B) does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
(3) “railroad carrier” means a person providing railroad transportation, except that, upon petition by a group of commonly controlled railroad carriers that the Secretary determines is operating within the United States as a single, integrated rail system, the Secretary may by order treat the group of railroad carriers as a single railroad carrier for purposes of one or more provisions of part A, subtitle V of this title and implementing regulations and order, subject to any appropriate conditions that the Secretary may impose.
(4) “safety-related railroad employee” means—
(A) a railroad employee who is subject to chapter 211;
(B) another operating railroad employee who is not subject to chapter 211;
(C) an employee who maintai
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20102
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to section 120 and subsection (b) of this section, the entire cost of construction of projects for the elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains, may be paid from sums apportioned in accordance with [section 104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104&num=0&edition=prelim). In any case when the elimination of the hazards of a railway-highway crossing can be effected by the relocation of a portion of a railway at a cost estimated by the Secretary to be less than the cost of such elimination by one of the methods mentioned in the first sentence of this section, then the entire cost of such relocation project, subject to section 120 and subsection (b) of this section, may be paid from sums apportioned in accordance with [section 104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104&num=0&edition=prelim).
**(b)** The Secretary may classify the various types of projects involved in the elimination of hazards of railway-highway crossings, and may set for each such classification a percentage of the costs of construction which shall be deemed to represent the net benefit to the railroad or railroads for the purpose of determining the railroad’s share of the cost of construction. The percentage so determined shall in no case exceed 10 per centum. The Secretary shall determine the appropriate classification of each project.
**(c)** Any railroad involved in a proje
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 130
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Federal law — U.S. Code and appendices · legal_authorities
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Report.—** Not later than 4 years after the date by which States are required to submit State highway-rail grade crossing action plans under section 11401(b) of the Fixing America’s Surface Transportation Act ([49 U.S.C. 22907](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section22907&num=0&edition=prelim) note), the Administrator of the Federal Railroad Administration, in consultation with the Administrator of the Federal Highway Administration, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the State highway-rail grade crossing action plans, including—
(1) an analysis and evaluation of each State railway-highway crossings program under [section 130 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section130&num=0&edition=prelim), including—
(A) compliance with section 11401 of the Fixing America’s Surface Transportation Act and [section 130(g) of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section130/g&num=0&edition=prelim); and
(B) the specific strategies identified by each State to improve safety at highway-rail grade crossings, including crossings with multiple accidents or incidents;
(2) the progress of each State in implementing its State highway-rail grade crossings action plan;
(3) the number of highway-rail grade crossing projects undertaken pursuant to [section 130 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section130&num=0&edition=prelim), including the distribution of such projects by cost range, road system, nature of treatment, and subsequent accident experience at
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 20167
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of 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 or pathway-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.
(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, embankment, tunnel, or combination thereof;
(2) track relocation;
(3) the improvement or installation of protective devices, signals, signs, or other measures to improve safety, provided that suc
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 22909
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Federal law — U.S. Code and appendices · legal_authorities
Page 652
TITLE 49—TRANSPORTATION
§ 22906
tributing via email notices of waiver requests received
pursuant to such subsection and soliciting public com-
ments on the intent to issue a waiver. The Federal
Railroad Administration’s development of such a proc-
ess does not relieve the Federal Railroad Administra-
tion of the requirements under paragraph (4) of such
subsection.’’
§ 22906. Authorization of appropriations
There are authorized to be appropriated to the
Secretary of Transportation for capital grants
under this chapter the following amounts:
(1) For fiscal year 2009, $100,000,000.
(2) For fiscal year 2010, $300,000,000.
(3) For fiscal year 2011, $400,000,000.
(4) For fiscal year 2012, $500,000,000.
(5) For fiscal year 2013, $600,000,000.
(Added Pub. L. 110–432, div. B, title III, § 301(a),
Oct. 16, 2008, 122 Stat. 4946, § 24406; renumbered
§ 22906, Pub. L. 115–420, § 7(a)(1), Jan. 3, 2019, 132
Stat. 5445.)
Editorial Notes
AMENDMENTS
2019—Pub. L. 115–420 renumbered section 24406 of this
title as this section.
§ 22907. Consolidated rail infrastructure and
safety improvements
(a) GENERAL AUTHORITY.—The Secretary may
make grants under this section to an eligible re-
cipient to assist in financing the cost of improv-
ing passenger and freight rail transportation
systems in terms of safety, efficiency, or reli-
ability.
(b) ELIGIBLE RECIPIENTS.—The following enti-
ties are eligible to receive a grant under this
section:
(1) A State (including the District of Colum-
bia).
(2) A group of States.
(3) An Interstate Compact.
(4) A public agency or publicly chartered au-
thority established by 1 or more States.
(5) A political subdivision of a State.
(6) Amtrak or another rail carrier that pro-
vides intercity rail passenger transportation
(as
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 22907
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.