49 U.S.C. § 26101 — High-speed rail corridor planning

Page 735 TITLE 49—TRANSPORTATION § 26101 propriations of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Appropriations of the House of Representatives a project pipeline, in accordance with this sec- tion, that— (1) identifies intercity passenger rail cor- ridors selected for development under this sec- tion; (2) identifies capital projects for Federal in- vestment, project applicants, and proposed Federal funding levels, as applicable, con- sistent with the corridor project inventory; (3) specifies the order in which the Secretary would provide Federal financial assistance, subject to the availability of funds, to projects that have identified sponsors, including a method and plan for apportioning funds to project sponsors for a 5-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects on the anticipated schedule; (4) takes into consideration the appropriate sequence and phasing of projects described in the corridor project inventory; (5) takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on in- formation currently available to the Sec- retary; (6) is prioritized based on the level of readi- ness of the corridor; and (7) reflects consultation with Amtrak. (h) DEFINITION.—In this section, the term ‘‘intercity passenger rail corridor’’ means— (1) a new intercity passenger rail route of less than 750 miles; (2) the enhancement of an existing intercity passenger rail route of less than 750 miles; (3) the restoration of service over all or por- tions of an intercity passenger rail route for- merly operated by Amtrak; or (4) the increase of service frequency of a long-distance intercity passenger rail route. (Added Pub. L. 117–58, div. B, title II, § 22308(a), Nov. 15, 2021, 135 Stat. 730.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Passenger Rail Expan- sion and Rail Safety Act of 2021, referred to in subsec. (a), is the date of enactment of title II of div. B of Pub. L. 117–58, which was approved Nov. 15, 2021. PART D—HIGH-SPEED RAIL Editorial Notes PRIOR PROVISIONS A prior part D, consisting of chapter 261, was redesig- nated part E of this subtitle by Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616. CHAPTER 261—HIGH-SPEED RAIL ASSISTANCE Sec. 26101. High-speed rail corridor planning. 26102. High-speed rail technology improvements. Sec. 26103. Safety regulations and evaluation. 26104. Authorization of appropriations. 26105. Definitions. 26106. High-speed rail corridor development. Editorial Notes PRIOR PROVISIONS A prior chapter 261, consisting of sections 26101 and 26102, was renumbered chapter 281 of this title by Pub. L. 103–440, title I, § 103(a)(1), Nov. 2, 1994, 108 Stat. 4616. AMENDMENTS 2021—Pub. L. 117–58, div. B, title II, § 22419(b), Nov. 15, 2021, 135 Stat. 749, substituted ‘‘Safety regulations and evaluation’’ for ‘‘Safety regulations’’ in item 26103. 2008—Pub. L. 110–432, div. B, title V, § 501(c), (e), Oct. 16, 2008, 122 Stat. 4960, 4963, substituted ‘‘High-speed rail corridor planning’’ for ‘‘Corridor development’’ in item 26101 and added item 26106. 2005—Pub. L. 109–59, title IX, § 9001(a)(2), Aug. 10, 2005, 119 Stat. 1919, substituted ‘‘development’’ for ‘‘plan- ning’’ in item 26101. § 26101. High-speed rail corridor planning (a) CORRIDOR PLANNING ASSISTANCE.—(1) The Secretary may provide under this section finan- cial 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 fi- nanced 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 plan- ning activity is eligible for financial assistance under subsection (a) if the Secretary determines that it is necessary to establish appropriate en- gineering, operational, financial, environ- mental, or socioeconomic projections for the es- tablishment of high-speed rail service in the cor- ridor and that it leads toward development of a prudent financial and institutional plan for im- plementation of specific high-speed rail im- provements, or if it is an activity described in subparagraph (M). Eligible corridor planning ac- tivities include— (A) environmental assessments; (B) feasibility studies emphasizing commer- cial 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 metropoli- tan 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, line straightening and other right-of-way improve- ments, bridge rehabilitation and replacement, use of advanced locomotives and rolling stock, ticketing, coordination with other modes of transportation, parking and other means of Page 736 TITLE 49—TRANSPORTATION § 26101 passenger access, track, signal, station, and other capital work, and use of intermodal ter- minals; (K) preparation of financing plans and prospectuses; (L) creation of public/private partnerships; and (M) the acquisition of locomotives, rolling stock, track, and signal equipment. (2) No financial assistance shall be provided under this section for corridor planning with re- spect to the main line of the Northeast Corridor, between Washington, District of Columbia, and Boston, Massachusetts. (c) CRITERIA FOR DETERMINING FINANCIAL AS- SISTANCE.—Selection by the Secretary of recipi- ents of financial assistance under this section shall be based on such criteria as the Secretary considers appropriate, including— (1) the relationship of the corridor to the Secretary’s national high-speed ground trans- portation policy; (2) the extent to which the proposed plan- ning focuses on systems which will achieve sustained speeds of 125 mph or greater; (3) the integration of the corridor into met- ropolitan area and statewide transportation planning; (4) the potential interconnection of the cor- ridor with other parts of the Nation’s trans- portation system, including the interconnec- tion with other countries; (5) the anticipated effect of the corridor on the congestion of other modes of transpor- tation; (6) whether the work to be funded will aid the efforts of State and local governments to comply with the Clean Air Act (42 U.S.C. 7401 et seq.); (7) the past and proposed financial commit- ments and other support of State and local governments and the private sector to the pro- posed high-speed rail program, including the acquisition of rolling stock; (8) the estimated level of ridership; (9) the estimated capital cost of corridor im- provements, including the cost of closing, im- proving, or separating highway-rail grade crossings; (10) rail transportation employment im- pacts; (11) community economic impacts; (12) the extent to which the projected reve- nues of the proposed high-speed rail service, along with any financial commitments of State or local governments and the private sector, are expected to cover capital costs and operating and maintenance expenses; (13) whether a specific route has been se- lected, specific improvements identified, and capacity studies completed; and (14) whether the corridor has been des- ignated as a high-speed rail corridor by the Secretary. (Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 109–59, title IX, § 9001(a)(1), Aug. 10, 2005, 119 Stat. 1918; Pub. L. 110–432, div. B, title V, § 501(a), Oct. 16, 2008, 122 Stat. 4959.) Editorial Notes REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (c)(6), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. PRIOR PROVISIONS A prior section 26101 was renumbered section 28101 of this title. AMENDMENTS 2008—Pub. L. 110–432, § 501(a)(1), substituted ‘‘High- speed rail corridor planning’’ for ‘‘Corridor develop- ment’’ in section catchline. Subsec. (a). Pub. L. 110–432, § 501(a)(2), substituted ‘‘Corridor Planning’’ for ‘‘Corridor Development’’ in heading. Subsecs. (a)(1), (b). Pub. L. 110–432, § 501(a)(3), sub- stituted ‘‘corridor planning’’ for ‘‘corridor develop- ment’’ wherever appearing. Subsec. (c)(2). Pub. L. 110–432, § 501(a)(4), substituted ‘‘planning’’ for ‘‘development’’. 2005—Pub. L. 109–59, § 9001(a)(1)(A), substituted ‘‘de- velopment’’ for ‘‘planning’’ in section catchline. Subsec. (a). Pub. L. 109–59, § 9001(a)(1)(B), substituted ‘‘Development’’ for ‘‘Planning’’ in subsec. heading. Subsec. (a)(1). Pub. L. 109–59, § 9001(a)(1)(C), sub- stituted ‘‘corridor development’’ for ‘‘corridor plan- ning’’. Subsec. (b)(1). Pub. L. 109–59, § 9001(a)(1)(D)(i), inserted ‘‘, or if it is an activity described in subparagraph (M)’’ after ‘‘high-speed rail improvements’’ in introductory provisions. Pub. L. 109–59, § 9001(a)(1)(C), substituted ‘‘corridor de- velopment’’ for ‘‘corridor planning’’ in two places in in- troductory provisions. Subsec. (b)(1)(F). Pub. L. 109–59, § 9001(a)(1)(C), sub- stituted ‘‘corridor development’’ for ‘‘corridor plan- ning’’. Subsec. (b)(1)(M). Pub. L. 109–59, § 9001(a)(1)(D)(ii)–(iv), added subpar. (M). Subsec. (b)(2). Pub. L. 109–59, § 9001(a)(1)(C), sub- stituted ‘‘corridor development’’ for ‘‘corridor plan- ning’’. Subsec. (c)(2). Pub. L. 109–59, § 9001(a)(1)(E), sub- stituted ‘‘development’’ for ‘‘planning’’. Statutory Notes and Related Subsidiaries CONGRESSIONAL FINDINGS; PURPOSE Pub. L. 103–440, title I, § 102, Nov. 2, 1994, 108 Stat. 4615, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) high-speed rail offers safe and efficient trans- portation in certain densely traveled corridors link- ing major metropolitan areas in the United States; ‘‘(2) high-speed rail may have environmental advan- tages over certain other forms of intercity transpor- tation; ‘‘(3) Amtrak’s Metroliner service between Wash- ington, District of Columbia, and New York, New York, the United States premier high-speed rail serv- ice, has shown that Americans will use high-speed rail when that transportation option is available; ‘‘(4) new high-speed rail service should not receive Federal subsidies for operating and maintenance ex- penses; ‘‘(5) State and local governments should take the prime responsibility for the development and imple- mentation of high-speed rail service; ‘‘(6) the private sector should participate in funding the development of high-speed rail systems; ‘‘(7) in some intercity corridors, Federal planning assistance may be required to supplement the funding commitments of State and local governments and the Page 737 TITLE 49—TRANSPORTATION § 26105 1 So in original. private sector to ensure the adequate planning, in- cluding reasonable estimates of the costs and bene- fits, of high-speed rail systems; ‘‘(8) improvement of existing technologies can fa- cilitate the development of high-speed rail systems in the United States; and ‘‘(9) Federal assistance is required for the improve- ment, adaptation, and integration of proven tech- nologies for commercial application in high-speed rail service in the United States. ‘‘(b) PURPOSE.—The purpose of this title [see Short Title of 1994 Amendment note set out under section 20101 of this title] is to encourage farsighted State, local, and private efforts in the analysis and planning for high-speed rail systems in appropriate intercity corridors.’’ § 26102. High-speed rail technology improve- ments (a) AUTHORITY.—The Secretary may undertake activities for the improvement, adaptation, and integration of proven technologies for commer- cial application in high-speed rail service in the United States. (b) ELIGIBLE RECIPIENTS.—In carrying out ac- tivities authorized by subsection (a), the Sec- retary may provide financial assistance to any United States private business, educational in- stitution located in the United States, State or local government or public authority, or agency of the Federal Government. (c) CONSULTATION WITH OTHER AGENCIES.—In carrying out activities authorized by subsection (a), the Secretary shall consult with such other governmental agencies as may be necessary con- cerning the availability of appropriate tech- nologies for commercial application in high- speed rail service in the United States. (Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4617.) Editorial Notes PRIOR PROVISIONS A prior section 26102 was renumbered section 28102 of this title. § 26103. Safety regulations and evaluation The Secretary— (1) shall promulgate such safety regulations as may be necessary for high-speed rail serv- ices; (2) shall, before promulgating such regula- tions, consult with developers of new high- speed rail technologies to develop a method for evaluating safety performance; and (3) may solicit feedback from relevant safety experts or representatives of rail employees who perform work on similar technology or who may be expected to perform work on new technology, as appropriate. (Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 117–58, div. B, title II, § 22419(a), Nov. 15, 2021, 135 Stat. 749.) Editorial Notes AMENDMENTS 2021—Pub. L. 117–58 amended section generally. Prior to amendment, text read as follows: ‘‘The Secretary shall promulgate such safety regulations as may be necessary for high-speed rail services.’’ § 26104. Authorization of appropriations (a) FISCAL YEARS 2006 THROUGH 2013.—There are authorized to be appropriated to the Sec- retary— (1) $30,000,000 for carrying out section 26101; and (2) $30,000,000 for carrying out section 26102, for each of the fiscal years 2006 through 2013. (b) FUNDS TO REMAIN AVAILABLE.—Funds made available under this section shall remain avail- able until expended. (Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 105–178, title VII, § 7201(a), June 9, 1998, 112 Stat. 469; Pub. L. 109–59, title IX, § 9001(b), Aug. 10, 2005, 119 Stat. 1919; Pub. L. 110–432, div. B, title V, § 501(b), Oct. 16, 2008, 122 Stat. 4960.) Editorial Notes AMENDMENTS 2008—Subsec. (a)(1). Pub. L. 110–432 substituted ‘‘$30,000,000’’ for ‘‘$70,000,000’’. 2005—Pub. L. 109–59 amended heading and text of sec- tion generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to authorization of appro- priations for fiscal years 1995 through 2001 and avail- ability of funds. 1998—Subsecs. (d) to (h). Pub. L. 105–178 added sub- secs. (d) to (g) and redesignated former subsec. (d) as (h). § 26105. Definitions For purposes of this chapter— (1) the term ‘‘financial assistance’’ includes grants, contracts,,1 cooperative agreements, and other transactions; (2) the term ‘‘high-speed rail’’ means all forms of nonhighway ground transportation that run on rails or electromagnetic guide- ways providing transportation service which is— (A) reasonably expected to reach sustained speeds of more than 125 miles per hour; and (B) made available to members of the gen- eral public as passengers, but does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation; (3) the term ‘‘publicly financed costs’’ means the costs funded after April 29, 1993, by Fed- eral, State, and local governments; (4) the term ‘‘Secretary’’ means the Sec- retary of Transportation; (5) the term ‘‘State’’ means any of the sev- eral States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Vir- gin Islands, Guam, American Samoa, and any other territory or possession of the United States; and (6) the term ‘‘United States private busi- ness’’ means a business entity organized under the laws of the United States, or of a State, and conducting substantial business oper- ations in the United States. (Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4618; amended Pub. L. 105–178, title