49 U.S.C. § 22705 — Content

Page 643 TITLE 49—TRANSPORTATION § 22705 (ii) shall be determined on a project-by- project basis, based upon an agreement be- tween the parties. (B) CONSULTATION.—The Secretary may seek the advice of the States and rail car- riers in further defining this term. (3) STATE.—The term ‘‘State’’ means any of the 50 States and the District of Columbia. (4) STATE RAIL TRANSPORTATION AUTHORITY.— The term ‘‘State rail transportation author- ity’’ means the State agency or official re- sponsible under the direction of the Governor of the State or a State law for preparation, maintenance, coordination, and administra- tion of the State rail plan. (Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4947.) § 22702. Authority (a) IN GENERAL.—Each State may prepare and maintain a State rail plan in accordance with the provisions of this chapter. (b) REQUIREMENTS.—The Secretary shall estab- lish the minimum requirements for the prepara- tion and periodic revision of a State rail plan, including that a State shall— (1) establish or designate a State rail trans- portation authority to prepare, maintain, co- ordinate, and administer the plan; (2) establish or designate a State rail plan approval authority to approve the plan; (3) submit the State’s approved plan to the Secretary of Transportation for review; and (4) revise and resubmit a State-approved plan no less frequently than once every 4 years for acceptance by the Secretary. (Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4948; amended Pub. L. 114–94, div. A, title XI, § 11315(a)(1), Dec. 4, 2015, 129 Stat. 1674.) Editorial Notes AMENDMENTS 2015—Subsec. (b)(4). Pub. L. 114–94 substituted ‘‘4 years for acceptance by the Secretary’’ for ‘‘5 years for reapproval by the Secretary’’. 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. § 22703. Purposes (a) PURPOSES.—The purposes of a State rail plan are as follows: (1) To set forth State policy involving freight and passenger rail transportation, in- cluding commuter rail operations, in the State. (2) To establish the period covered by the State rail plan. (3) To present priorities and strategies to en- hance rail service in the State that benefits the public. (4) To serve as the basis for Federal and State rail investments within the State. (b) COORDINATION.—A State rail plan shall be coordinated with other State transportation planning goals and programs, including the plan required under section 135 of title 23, and set forth rail transportation’s role within the State transportation system. (Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4948.) § 22704. Transparency; coordination; review (a) PREPARATION.—A State shall provide ade- quate and reasonable notice and opportunity for comment and other input to the public, rail car- riers, commuter and transit authorities oper- ating in, or affected by rail operations within the State, units of local government, and other interested parties in the preparation and review of its State rail plan. (b) INTERGOVERNMENTAL COORDINATION.—A State shall review the freight and passenger rail service activities and initiatives by regional planning agencies, regional transportation au- thorities, and municipalities within the State, or in the region in which the State is located, while preparing the plan, and shall include any recommendations made by such agencies, au- thorities, and municipalities as deemed appro- priate by the State. (Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4949.) § 22705. Content (a) IN GENERAL.—Each State rail plan shall, at a minimum, contain the following: (1) An inventory of the existing overall rail transportation system and rail services and fa- cilities within the State and an analysis of the role of rail transportation within the State’s surface transportation system. (2) A review of all rail lines within the State, including proposed high-speed rail corridors and significant rail line segments not cur- rently in service. (3) A statement of the State’s passenger rail service objectives, including minimum service levels, for rail transportation routes in the State. (4) A general analysis of rail’s transpor- tation, economic, and environmental impacts in the State, including congestion mitigation, trade and economic development, air quality, land-use, energy-use, and community impacts. (5) A long-range rail investment program for current and future freight and passenger infra- structure in the State that meets the require- ments of subsection (b). (6) A statement of public financing issues for rail projects and service in the State, includ- ing a list of current and prospective public capital and operating funding resources, pub- lic subsidies, State taxation, and other finan- cial policies relating to rail infrastructure de- velopment. (7) An identification of rail infrastructure issues within the State that reflects consulta- tion with all relevant stakeholders. (8) A review of major passenger and freight intermodal rail connections and facilities within the State, including seaports, and Page 644 TITLE 49—TRANSPORTATION § 22706 1 So in original. Probably should be ‘‘chapter,’’. 1 So in original. Does not conform to section catchline. prioritized options to maximize service inte- gration and efficiency between rail and other modes of transportation within the State. (9) A review of publicly funded projects with- in the State to improve rail transportation safety and security, including all major projects funded under section 130 of title 23. (10) A performance evaluation of passenger rail services operating in the State, including possible improvements in those services, and a description of strategies to achieve those im- provements. (11) A compilation of studies and reports on high-speed rail corridor development within the State not included in a previous plan under this subchapter,1 and a plan for funding any recommended development of such cor- ridors in the State. (b) LONG-RANGE SERVICE AND INVESTMENT PRO- GRAM.— (1) PROGRAM CONTENT.—A long-range rail in- vestment program included in a State rail plan under subsection (a)(5) shall, at a min- imum, include the following matters: (A) A list of any rail capital projects ex- pected to be undertaken or supported in whole or in part by the State. (B) A detailed funding plan for those projects. (2) PROJECT LIST CONTENT.—The list of rail capital projects shall contain— (A) a description of the anticipated public and private benefits of each such project; and (B) a statement of the correlation be- tween— (i) public funding contributions for the projects; and (ii) the public benefits. (3) CONSIDERATIONS FOR PROJECT LIST.—In preparing the list of freight and intercity pas- senger rail capital projects, a State rail trans- portation authority should take into consider- ation the following matters: (A) Contributions made by non-Federal and non-State sources through user fees, matching funds, or other private capital in- volvement. (B) Rail capacity and congestion effects. (C) Effects on highway, aviation, and mari- time capacity, congestion, or safety. (D) Regional balance. (E) Environmental impact. (F) Economic and employment impacts. (G) Projected ridership and other service measures for passenger rail projects. (Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4949; amended Pub. L. 114–94, div. A, title XI, § 11315(a)(2), Dec. 4, 2015, 129 Stat. 1674.) Editorial Notes AMENDMENTS 2015—Subsec. (a)(12). Pub. L. 114–94 struck out par. (12) which read as follows: ‘‘A statement that the State is in compliance with the requirements of section 22102.’’ 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. § 22706. Review 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 com- pleted before the date of enactment of the Pas- senger 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. (Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4950.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Passenger Rail Invest- ment and Improvement Act of 2008, referred to in text, is the date of enactment of div. B of Pub. L. 110–432, which was approved Oct. 16, 2008. CHAPTER 229—RAIL IMPROVEMENT GRANTS Sec. 22901. Definitions. 22902. Capital investment grants to support inter- city passenger rail services.1 22903. Project management oversight. 22904. Use of capital grants to finance first-dollar li- ability of grant project. 22905. Grant conditions. 22906. Authorization of appropriations. 22907. Consolidated rail infrastructure and safety improvements. 22908. Restoration and enhancement grants. 22909. Railroad Crossing Elimination Program. 22910. Interstate Rail Compacts Grant Program. Editorial Notes AMENDMENTS 2021—Pub. L. 117–58, div. B, title II, §§ 22305(b), 22306(b), Nov. 15, 2021, 135 Stat. 723, 724, added items 22909 and 22910. 2019—Pub. L. 115–420, § 7(a)(2), (3), (5), Jan. 3, 2019, 132 Stat. 5445, 5446, renumbered chapter 244 of this title as this chapter and amended analysis generally, sub- stituting items 22901 to 22908 for former items 24401 to 24408, respectively. § 22901. Definitions In this chapter: (1) APPLICANT.—The term ‘‘applicant’’ means a State (including the District of Columbia), a group of States, an Interstate Compact, or a public agency established by one or more States and having responsibility for providing intercity passenger rail service. (2) CAPITAL PROJECT.—The term ‘‘capital project’’ means a project or program in a State rail plan developed under chapter 227 of this title for— (A) acquiring, constructing, improving, or inspecting equipment, track and track