49 U.S.C. § 24904 — Northeast Corridor planning

Page 720 TITLE 49—TRANSPORTATION § 24904 ments for rail freight or commuter rail transportation under subsection (a)(6) of this section and this sub- section applies only when there is no agreement. PUB. L. 103–429 This amends 49:24904(a)(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 934). Editorial Notes REFERENCES IN TEXT The Regional Rail Reorganization Act of 1973, re- ferred to in subsecs. (a) and (c)(2), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, which is classified principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For com- plete classification of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Ta- bles. The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (a)(6) and (c)(2), is Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45 and Tables. PRIOR PROVISIONS A prior section 24903, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 933; Pub. L. 104–287, § 5(48), Oct. 11, 1996, 110 Stat. 3393, related to program master plan for Bos- ton-New York main line, prior to repeal by Pub. L. 105–134, title IV, § 405(a), Dec. 2, 1997, 111 Stat. 2586. AMENDMENTS 2021—Subsec. (a)(6). Pub. L. 117–58, § 21301(j)(4)(F)(i), substituted ‘‘, the Railroad Revitalization and Regu- latory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title’’ for ‘‘and the Railroad Revital- ization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)’’. Subsec. (c)(2). Pub. L. 117–58, § 21301(j)(4)(F)(ii), sub- stituted ‘‘, the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title’’ for ‘‘and the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.)’’. 2015—Pub. L. 114–94 renumbered section 24904 of this title as this section. 2012—Subsec. (c)(2). Pub. L. 112–141 substituted ‘‘Sur- face Transportation Board’’ for ‘‘Interstate Commerce Commission’’ and ‘‘Board’’ for ‘‘Commission’’. Subsec. (c)(3). Pub. L. 112–141, § 32932(c)(4)(B), sub- stituted ‘‘Board’’ for ‘‘Commission’’. 2008—Subsec. (c)(2). Pub. L. 110–432 inserted ‘‘com- muter rail passenger and’’ after ‘‘between’’ in first sen- tence and struck out ‘‘freight’’ after ‘‘rail’’ in second sentence. 1997—Subsec. (a)(6) to (8). Pub. L. 105–134 inserted ‘‘and’’ at end of par. (6), substituted a period for ‘‘; and’’ at end of par. (7), and struck out par. (8) which read as follows: ‘‘make agreements with telecommuni- cations common carriers, subject to the Communica- tions Act of 1934 (47 U.S.C. 151 et seq.), to continue ex- isting, and establish new and improved, passenger radio mobile telephone service in the high-speed rail pas- senger transportation area specified in section 24902(a)(1) and (2).’’ 1994—Subsec. (a)(2). Pub. L. 103–429 inserted ‘‘, by condemnation or otherwise,’’ after ‘‘acquire’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 24904. Northeast Corridor planning (a) NORTHEAST CORRIDOR SERVICE DEVELOP- MENT PLAN.— (1) IN GENERAL.—Not later than March 31, 2022, the Northeast Corridor Commission es- tablished under section 24905 (referred to in this section as the ‘‘Commission’’) shall sub- mit a service development plan to Congress. (2) CONTENTS.—The plan required under paragraph (1) shall— (A) identify key state-of-good-repair, ca- pacity expansion, and capital improvement projects planned for the Northeast Corridor; (B) provide a coordinated and consensus- based plan covering a 15-year period; (C) identify service objectives and the cap- ital investments required to meet such ob- jectives; (D) provide a delivery-constrained strategy that identifies— (i) capital investment phasing; (ii) an evaluation of workforce needs; and (iii) strategies for managing resources and mitigating construction impacts on operations; and (E) include a financial strategy that iden- tifies funding needs and potential funding sources. (3) UPDATES.—The Commission shall update the service development plan not less fre- quently than once every 5 years. (b) NORTHEAST CORRIDOR CAPITAL INVESTMENT PLAN.— (1) IN GENERAL.—Not later than November 1 of each year, the Commission shall— (A) develop an annual capital investment plan for the Northeast Corridor; and (B) submit the capital investment plan to— (i) the Secretary of Transportation; (ii) the Committee on Commerce, Science, and Transportation of the Senate; and (iii) the Committee on Transportation and Infrastructure of the House of Rep- resentatives. (2) CONTENTS.—The plan required under paragraph (1) shall— (A) reflect coordination across the entire Northeast Corridor; (B) integrate the individual capital plans developed by Amtrak, States, and commuter authorities in accordance with the cost allo- cation policy developed and approved under section 24905(c); (C) cover a period of 5 fiscal years, begin- ning with the fiscal year during which the plan is submitted; (D) notwithstanding section 24902(b), docu- ment the projects and programs being under- Page 721 TITLE 49—TRANSPORTATION § 24905 taken to advance the service objectives and capital investments identified in the North- east Corridor service development plan de- veloped under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans, after con- sidering— (i) the benefits and costs of capital in- vestments in the plan; (ii) project and program readiness; (iii) the operational impacts; and (iv) Federal and non-Federal funding availability; (E) categorize capital projects and pro- grams as primarily associated with 1 of the categories listed under section 24319(c)(2)(C); (F) identify capital projects and programs that are associated with more than 1 cat- egory described in subparagraph (E); and (G) include a financial plan that identi- fies— (i) funding sources and financing meth- ods; (ii) the status of cost sharing agreements pursuant to the cost allocation policy de- veloped under section 24905(c); (iii) the projects and programs that the Commission expects will receive Federal financial assistance; and (iv) the eligible entity or entities that the Commission expects— (I) to receive the Federal financial as- sistance referred to in clause (iii); and (II) to implement each capital project. (3) REVIEW AND COORDINATION.—The Commis- sion shall require that the information de- scribed in paragraph (2) be submitted in a timely manner to allow for a reasonable pe- riod of review by, and coordination with, af- fected agencies before the Commission sub- mits the capital investment plan pursuant to paragraph (1). (c) FAILURE TO DEVELOP A CAPITAL INVEST- MENT PLAN.—If a capital investment plan has not been developed by the Commission for a given fiscal year, then the funds assigned to the Northeast Corridor account established under section 24317(b) for that fiscal year may be spent only on capital projects and programs contained in the Commission’s capital investment plan for the prior fiscal year. (d) NORTHEAST CORRIDOR CAPITAL ASSET MAN- AGEMENT SYSTEM.— (1) IN GENERAL.—Amtrak and other infra- structure owners that provide or support intercity rail passenger transportation along the Northeast Corridor shall develop an asset management system and use and update such system, as necessary, to develop submissions to the Northeast Corridor capital investment plan described in subsection (b). (2) FEATURES.—The system required under paragraph (1) shall develop submissions that— (A) are consistent with the transit asset management system (as defined in section 5326(a)(3)); and (B) include— (i) an inventory of all capital assets owned by the developer of the plan; (ii) an assessment of condition of such capital assets; (iii) a description of the resources and processes that will be necessary to bring or to maintain such capital assets in a state of good repair; and (iv) a description of changes in the con- dition of such capital assets since the sub- mission of the prior version of the plan. (e) DEFINITION OF NORTHEAST CORRIDOR.—In this section, the term ‘‘Northeast Corridor’’ means the main line between Boston, Massachu- setts, and the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massa- chusetts, and Spuyten Duyvil, New York, in- cluding the facilities and services used to oper- ate and maintain those lines. (Added Pub. L. 114–94, div. A, title XI, § 11306(a)(2), Dec. 4, 2015, 129 Stat. 1658; amended Pub. L. 117–58, div. B, title II, § 22301, Nov. 15, 2021, 135 Stat. 714.) Editorial Notes PRIOR PROVISIONS A prior section 24904 was renumbered section 24903 of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 117–58, § 22301(1), (3), added subsec. (a) and struck out former subsec. (a), which re- quired Northeast Corridor Commission to develop Northeast Corridor capital investment and financial plans. Subsec. (b). Pub. L. 117–58, § 22301(3), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 117–58, § 22301(2), (4), redesignated subsec. (b) as (c) and substituted ‘‘spent only on capital projects and programs contained in the Commission’s capital investment plan for the prior fiscal year.’’ for ‘‘spent only on— ‘‘(1) capital projects described in clause (i) or (iii) of subsection (a)(2)(E) of this section; or ‘‘(2) capital projects described in subsection (a)(2)(E)(iv) or (v) of this section that are for the sole benefit of Amtrak.’’ Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 117–58, § 22301(5), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to development of Northeast Corridor asset manage- ment system and Northeast Corridor asset manage- ment plan for each service territory. Pub. L. 117–58, § 22301(1), (2), redesignated subsec. (c) as (d) and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows: ‘‘Not less frequently than once every 10 years, the Commis- sion shall update the Northeast Corridor service devel- opment plan.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. § 24905. Northeast Corridor Commission; Safety Committee (a) NORTHEAST CORRIDOR COMMISSION.— (1) Within 180 days after the date of enact- ment of the Passenger Rail Investment and Improvement Act of 2008, the Secretary of Transportation shall establish a Northeast Corridor Commission (referred to in this sec-