49 U.S.C. § 309 — High-speed ground transportation

Page 111 TITLE 49—TRANSPORTATION § 309 Department any report required to be submitted by the Secretary to Congress after the date of enactment of this Act [Dec. 4, 2015]. ‘‘(b) DEADLINE.—Each report described in subsection (a) shall be made available on the website not later than 30 days after the report is submitted to Congress.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reporting provi- sions contained in subsecs. (a) and (b) of this section and, as subsequently amended, subsec. (e) of this sec- tion, are listed, respectively, as the 11th item on page 133, the last item on page 132, and the 5th item on page 138), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. ANNUAL REPORT ON SAFETY ENFORCEMENT ACTIVITIES OF FEDERAL AVIATION ADMINISTRATION Pub. L. 100–202, § 101(l) [title III, § 317(a)], Dec. 22, 1987, 101 Stat. 1329–358, 1329–380, and Pub. L. 100–457, title III, § 317(a), Sept. 30, 1988, 102 Stat. 2148, which required Sec- retary of Transportation to transmit to Congress an annual report on Federal Aviation Administration’s prior safety enforcement activities including staffing level comparisons, inspector experience and training schedules, criteria used to set annual work programs, annual inspection comparisons, statement of adequacy of internal management controls, status of regulatory changes, list of specific operational measures of effec- tiveness, schedule showing number of civil penalty cases closed, schedule showing number of enforcement actions taken, and schedules showing aviation indus- try’s safety record, were repealed and reenacted as sec- tion 44723 of this title by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 1202, 1379. § 309. High-speed ground transportation (a) The Secretary of Transportation, in con- sultation with the Secretaries of Commerce, En- ergy, and Defense, the Administrator of the En- vironmental Protection Agency, the Assistant Secretary of the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and development of high-speed ground transpor- tation technologies in order to foster the imple- mentation of magnetic levitation and high-speed steel wheel on rail transportation systems as al- ternatives to existing transportation systems. (b)(1) The Secretary may award contracts and grants for demonstrations to determine the con- tributions that high-speed ground transpor- tation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed to meas- ure and evaluate such factors as the public re- sponse to new equipment, higher speeds, vari- ations in fares, improved comfort and conven- ience, and more frequent service. In connection with grants and contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable. (2)(A) In connection with the authority pro- vided under paragraph (1), there is established a national high-speed ground transportation tech- nology demonstration program, which shall be separate from the national magnetic levitation prototype development program established under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 and shall be managed by the Secretary of Transportation. (B)(i) Any eligible applicant may submit to the Secretary a proposal for demonstration of any advancement in a high-speed ground trans- portation technology or technologies to be in- corporated as a component, subsystem, or sys- tem in any revenue service high-speed ground transportation project or system under con- struction or in operation at the time the appli- cation is made. (ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable ben- efit to the research and development, design, construction, or ultimate operation of any maglev technology or high-speed steel wheel on rail technology. Criteria to be considered in evaluating the suitability of a proposal under this paragraph shall include— (I) feasibility of guideway or track design and construction; (II) safety and reliability; (III) impact on the environment in compari- son to other high-speed ground transportation technologies; (IV) minimization of land use; (V) effect on human factors related to high- speed ground transportation; (VI) energy and power consumption and cost; (VII) integration of high-speed ground trans- portation systems with other modes of trans- portation; (VIII) actual and projected ridership; and (IX) design of signaling, communications, and control systems. (C) For the purposes of this paragraph, the term ‘‘eligible applicant’’ means any United States private business, State government, local government, organization of State or local gov- ernment, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government. (D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or con- tract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of non-Federal public funds or revenues on the con- struction or operation of such project or system. (E) Recipients of grants or contracts made pursuant to this paragraph shall agree to submit a report to the Secretary detailing the results and benefits of the technology demonstration proposed, as required by the Secretary. (c)(1) In carrying out the responsibilities of the Secretary under this section, the Secretary is authorized to enter into 1 or more cooperative research and development agreements (as de- fined by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and 1 or more funding agreements (as de- fined by section 201(b) of title 35, United States Code), with United States companies for the purpose of— (A) conducting research to overcome tech- nical and other barriers to the development and construction of practicable high-speed ground transportation systems and to help ad- vance the basic generic technologies needed for these systems; and (B) transferring the research and basic ge- neric technologies described in subparagraph Page 112 TITLE 49—TRANSPORTATION § 309 (A) to industry in order to help create a viable commercial high-speed ground transportation industry within the United States. (2) In a cooperative agreement or funding agreement under paragraph (1), the Secretary may agree to provide not more than 80 percent of the cost of any project under the agreement. Not less than 5 percent of the non-Federal enti- ty’s share of the cost of any such project shall be paid in cash. (3) The research, development, or utilization of any technology pursuant to a cooperative agreement under paragraph (1), including the terms under which such technology may be li- censed and the resulting royalties may be dis- tributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). (4) The research, development, or utilization of any technology pursuant to a funding agree- ment under paragraph (1), including the deter- mination of all licensing and ownership rights, shall be subject to the provisions of chapter 18 of title 35, United States Code. (5) At the conclusion of fiscal year 1993 and again at the conclusion of fiscal year 1996, the Secretary shall submit reports to Congress re- garding research and technology transfer activi- ties conducted pursuant to the authorization contained in paragraph (1). (d)(1) Not later than June 1, 1995, the Sec- retary shall complete and submit to Congress a study of the commercial feasibility of con- structing 1 or more high-speed ground transpor- tation systems in the United States. Such study shall consist of— (A) an economic and financial analysis; (B) a technical assessment; and (C) recommendations for model legislation for State and local governments to facilitate construction of high-speed ground transpor- tation systems. (2) The economic and financial analysis re- ferred to in paragraph (1)(A) shall include— (A) an examination of the potential market for a nationwide high-speed ground transpor- tation network, including a national magnetic levitation ground transportation system; (B) an examination of the potential markets for short-haul high-speed ground transpor- tation systems and for intercity and long-haul high-speed ground transportation systems, in- cluding an assessment of— (i) the current transportation practices and trends in each market; and (ii) the extent to which high-speed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation; (C) projections of the costs of designing, con- structing, and operating high-speed ground transportation systems, the extent to which such systems can recover their costs (includ- ing capital costs), and the alternative methods available for private and public financing; (D) the availability of rights-of-way to serve each market, including the extent to which average and maximum speeds would be limited by the curvature of existing rights-of-way and the prospect of increasing speeds through the acquisition of additional rights-of-way with- out significant relocation of residential, com- mercial, or industrial facilities; (E) a comparison of the projected costs of the various competing high-speed ground transportation technologies; (F) recommendations for funding mecha- nisms, tax incentives, liability provisions, and changes in statutes and regulations necessary to facilitate the development of individual high-speed ground transportation systems and the completion of a nationwide high-speed ground transportation network; (G) an examination of the effect of the con- struction and operation of high-speed ground transportation systems on regional employ- ment and economic growth; (H) recommendations for the roles appro- priate for local, regional, and State govern- ments to facilitate construction of high-speed ground transportation systems, including the roles of regional economic development au- thorities; (I) an assessment of the potential for a high- speed ground transportation technology ex- port market; (J) recommendations regarding the coordi- nation and centralization of Federal efforts re- lating to high-speed ground transportation; (K) an examination of the role of the Na- tional Railroad Passenger Corporation in the development and operation of high-speed ground transportation systems; and (L) any other economic or financial analyses the Secretary considers important for car- rying out this section. (3) The technical assessment referred to in paragraph (1)(B) shall include— (A) an examination of the various tech- nologies developed for use in the transpor- tation of passengers by high-speed ground transportation, including a comparison of the safety (including dangers associated with grade crossings), energy efficiency, oper- ational efficiencies, and environmental im- pacts of each system; (B) an examination of the potential role of a United States designed maglev system, devel- oped as a prototype under section 1036(b) of the Intermodal Surface Transportation Effi- ciency Act of 1991, in relation to the imple- mentation of other high-speed ground trans- portation technologies and the national trans- portation system; (C) an examination of the work being done to establish safety standards for high-speed ground transportation as a result of the enact- ment of section 7 of the Rail Safety Improve- ment Act of 1988; (D) an examination of the need to establish appropriate technological, quality, and envi- ronmental standards for high-speed ground transportation systems; (E) an examination of the significant unre- solved technical issues surrounding the design, engineering, construction, and operation of high-speed ground transportation systems, in- cluding the potential for the use of existing rights-of-way; (F) an examination of the effects on air qual- ity, energy consumption, noise, land use, Page 113 TITLE 49—TRANSPORTATION § 309 health, and safety as a result of the decreases in traffic volume on other modes of transpor- tation that are expected to result from the full-scale development of high-speed ground transportation systems; and (G) any other technical assessments the Sec- retary considers important for carrying out this section. (e)(1) Within 12 months after the submission of the study required by subsection (d), the Sec- retary shall establish the national high-speed ground transportation policy (hereinafter in this section referred to as the ‘‘Policy’’). (2) The Policy shall include— (A) provisions to promote the design, con- struction, and operation of high-speed ground transportation systems in the United States; (B) a determination whether the various competing high-speed ground transportation technologies can be effectively integrated into a national network and, if not, whether 1 or more such technologies should receive pref- erential encouragement from the Federal Gov- ernment to enable the development of such a national network; (C) a strategy for prioritizing the markets and corridors in which the construction of high-speed ground transportation systems should be encouraged; and (D) provisions designed to promote Amer- ican competitiveness in the market for high- speed ground transportation technologies. (3) The Secretary shall solicit comments from the public in the development of the Policy and may consult with other Federal agencies as ap- propriate in drafting the Policy. (Added Pub. L. 102–240, title I, § 1036(c)(1), Dec. 18, 1991, 105 Stat. 1982.) Editorial Notes REFERENCES IN TEXT Section 1036(b) of the Intermodal Surface Transpor- tation Efficiency Act of 1991, referred to in subsecs. (b)(2)(A) and (d)(3)(B), is section 1036(b) of Pub. L. 102–240, which is set out below. The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(3), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables. Section 7 of the Rail Safety Improvement Act of 1988, referred to in subsec. (d)(3)(C), is section 7 of Pub. L. 100–342, which amended section 431 of Title 45, Rail- roads. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applica- ble to funds appropriated or made available on or be- fore Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as an Effective Date of 1991 Amendment note under section 104 of Title 23, Highways. NATIONAL MAGNETIC LEVITATION PROTOTYPE DEVELOPMENT PROGRAM Pub. L. 102–240, title I, § 1036(b), Dec. 18, 1991, 105 Stat. 1978, provided that: ‘‘(1) MANAGEMENT OF PROGRAM.—There is hereby es- tablished a national magnetic levitation prototype de- velopment program to be managed by a program direc- tor appointed jointly by the Secretary and the Assist- ant Secretary of the Army for Civil Works (hereinafter in this subsection referred to as the ‘Assistant Sec- retary’). To carry out such program, the Secretary and the Assistant Secretary shall establish a national maglev joint project office (hereinafter in this sub- section referred to as the ‘Maglev Project Office’), which shall be headed by the program director, and shall enter into such arrangements as may be nec- essary for funding, staffing, office space, and other re- quirements that will allow the Maglev Project Office to carry out its functions. In carrying out such program, the program director shall consult with appropriate Federal officials, including the Secretary of Energy and the Administrator of the Environmental Protection Agency. ‘‘(2) PHASE ONE CONTRACTS.— ‘‘(A) REQUEST FOR PROPOSALS.—Not later than 12 months after the date of the enactment of this Act [Dec. 18, 1991], the Maglev Project Office shall release a request for proposals for development of conceptual designs for a maglev system and for research to fa- cilitate the development of such conceptual designs. ‘‘(B) AWARD OF CONTRACTS.—Not later than 15 months after the date of the enactment of this Act, the Secretary and the Assistant Secretary shall, based on the recommendations of the program direc- tor, award 1-year contracts for research and develop- ment to no fewer than 5 eligible applicants. If fewer than 5 complete applications have been received, con- tracts shall be awarded to as many eligible applicants as is practical. ‘‘(C) FACTORS AND CONDITIONS TO BE CONSIDERED.— The Secretary and the Assistant Secretary may ap- prove contracts under subparagraph (B) only after consideration of factors relating to the construction and operation of a magnetic levitation system, in- cluding the cost-effectiveness, ease of maintenance, safety, limited environmental impact, ability to achieve sustained high speeds, ability to operate along the Interstate highway rights-of-way, the po- tential for the guideway design to be a national standard, the applicant’s resources, capabilities, and history of successfully designing and developing sys- tems of similar complexity, and the desirability of geographic diversity among contractors and only if the applicant agrees to submit a report to the Maglev Project Office detailing the results of the research and development and agrees to provide for matching of the phase one contract at a 90 percent Federal, 10 percent non-Federal, cost share. ‘‘(3) PHASE TWO CONTRACTS.—Within 3 months of re- ceiving the final reports of contract activities under paragraph (2), and based only on such reports and the recommendations of the program director, the Sec- retary and the Assistant Secretary shall select not more than 3 eligible applicants from among the con- tract recipients submitting reports under paragraph (2) to receive 18-month contracts for research and develop- ment leading to a detailed design for a prototype maglev system. The Secretary and the Assistant Sec- retary may only award contracts under this paragraph if— ‘‘(A) they determine that the applicant has dem- onstrated technical merit for the conceptual design and the potential for further development of such de- sign into an operational prototype as described in paragraph (4), ‘‘(B) the applicant agrees to submit the detailed de- sign within such 18-month period to the Maglev Project Office and the selection committee described in paragraph (4), and ‘‘(C) the applicant agrees to provide for matching of the phase two contract at an 80 percent Federal, 20 percent non-Federal, cost share. ‘‘(4) PROTOTYPE.— ‘‘(A) SELECTION OF DESIGN.—Within 6 months of re- ceiving the detailed designs developed under para- Page 114 TITLE 49—TRANSPORTATION § 310 graph (3), the Secretary and the Assistant Secretary shall, based on the recommendations of the selection committee described in this subparagraph, select 1 design for development into a full-scale prototype, unless the Secretary and the Assistant Secretary de- termine jointly that no design shall be selected, based on an assessment of technical feasibility and projected cost of construction and operation of the prototype. A selection committee of 8 members, con- sisting of— ‘‘(i) 1 member to be appointed by the Secretary, ‘‘(ii) 1 member to be appointed by the Assistant Secretary, ‘‘(iii) 3 members to be appointed by the Senate majority and minority leaders, and ‘‘(iv) 3 members to be appointed by the Speaker of the House and the minority leader of the House, shall be appointed not later than 1 year following the award of contracts under paragraph (3). The selection committee, within 3 months of receiving the detailed designs developed under paragraph (3), shall make a recommendation to the Secretary and the Assistant Secretary as to the best prototype design or the unsuitability of any design. The program director shall provide technical reviews of the phase two con- tract reports to the selection committee and other- wise provide any technical assistance that the com- mittee requires to assist it in making a recommenda- tion. In the event that the Secretary and the Assist- ant Secretary determine jointly not to select a design for development under this subsection, they shall re- port to Congress on the basis for such determination, together with recommendations for future action, in- cluding further research, development, or design, ter- mination of the program, or such other action as may be appropriate. ‘‘(B) AWARD OF CONSTRUCTION GRANT OR CONTRACT.— Unless the Secretary and the Assistant Secretary de- termine not to proceed pursuant to subparagraph (A), they shall, not later than 3 months after selection of a design for development into a full-scale prototype, and based on the recommendations of the program di- rector, award 1 construction grant or contract to the applicant whose detailed design was selected under subparagraph (A) for the purpose of constructing a prototype maglev system in accordance with the se- lected design. Not more than 75 percent of the cost of the project shall be borne by the United States. ‘‘(C) FACTORS TO BE CONSIDERED IN SELECTION.—Se- lection of the detailed design under this paragraph shall be based on consideration of the following fac- tors, among others: ‘‘(i) The project shall be capable of utilizing Interstate highway rights-of-way along or above a significant portion of its route, and may also use railroad rights-of-way along or above any portion of the railroad route. ‘‘(ii) The total length of guideway shall be at least 19 miles and allow significant full-speed oper- ations between stops. ‘‘(iii) The project shall be constructed and ready for operational testing within 3 years after the award of the contract or grant. ‘‘(iv) The project shall provide for the conversion of the prototype to commercial operation after testing and technical evaluation is completed. ‘‘(v) The project shall be located in an area that provides a potential ridership base for future com- mercial operation. ‘‘(vi) The project shall utilize a technology capa- ble of being applied in commercial service in most parts of the contiguous United States. ‘‘(vii) The project shall have at least 1 switch. ‘‘(viii) The project shall be intermodal in nature connecting a major metropolitan area with an air- port, port, passenger rail station, or other transpor- tation mode. ‘‘(D) ADDITIONAL FACTORS FOR CONSIDERATION.—In awarding a grant or contract under this paragraph, the Secretary shall encourage the development of do- mestic manufacturing capabilities. In selecting among eligible applicants, the Secretary shall con- sider existing railroads and equipment manufacturers with excess production capacity, including railroads that have experience in advanced technologies (in- cluding self-propelled cars). ‘‘(5) LICENSING.— ‘‘(A) PROPRIETARY RIGHTS.—No trade secrets or commercial or financial information that is privi- leged or confidential, under the meaning of section 552(b)(4) of title 5, United States Code, which is ob- tained from a United States business, research, or education entity as a result of activities under this subsection shall be disclosed. ‘‘(B) COMMERCIAL INFORMATION.—The research, de- velopment, and use of any technology developed pur- suant to an agreement reached pursuant to this sub- section, including the terms under which any tech- nology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701–3714). In addition, the Secretary and the Assistant Secretary may require any grant or contract recipient to assure that research and devel- opment be performed substantially in the United States and that the products embodying the inven- tions made under any agreement pursuant to this subsection or produced through the use of such inven- tions be manufactured substantially in the United States. ‘‘(6) REPORTS.—The Secretary and the Assistant Sec- retary shall provide periodic reports to Congress on progress made under this subsection. ‘‘(7) ELIGIBLE APPLICANT DEFINED.—For purposes of this subsection, the term ‘eligible applicant’ means a United States private business, United States public or private education and research organization, Federal laboratory, or a consortium of such businesses, organi- zations, and laboratories.’’ § 310. Aligning Federal environmental reviews (a) COORDINATED AND CONCURRENT ENVIRON- MENTAL REVIEWS.—Not later than 1 year after the date of enactment of this section, the De- partment of Transportation, in coordination with the heads of Federal agencies likely to have substantive review or approval responsibil- ities under Federal law, shall develop a coordi- nated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact state- ment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (in this section referred to as ‘‘NEPA’’). (b) CONTENTS.—The coordinated and concur- rent environmental review and permitting proc- ess developed under subsection (a) shall— (1) ensure that the Department of Transpor- tation and agencies of jurisdiction possess suf- ficient information early in the review process to determine a statement of a transportation project’s purpose and need and range of alter- natives for analysis that the lead agency and agencies of jurisdiction will rely on for con- current environmental reviews and permitting decisions required for the proposed project; (2) achieve early concurrence or issue resolu- tion during the NEPA scoping process on the Department of Transportation’s statement of a project’s purpose and need, and during devel- opment of the environmental impact state- ment on the range of alternatives for analysis, that the lead agency and agencies of jurisdic- tion will rely on for concurrent environmental reviews and permitting decisions required for