§26106. High-speed rail corridor development
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(6)
(c)
(d)
(e)
(1)
(A) establish criteria for selecting among projects that meet the criteria specified in paragraph (2);
(B) conduct a national solicitation for applications; and
(C) award grants on a competitive basis.
(2)
(A) require-
(i) that the project be part of a State rail plan developed under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008;
(ii) that the applicant or recipient has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities;
(iii) that the project be based on the results of preliminary engineering studies or other planning, including corridor planning activities funded under section 26101 of this title;
(iv) that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection;
(v) that if an applicant has selected the proposed operator of its service, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors;
(vi) that each proposed project meet all safety and security requirements that are applicable to the project under law; and
(vii) that each project be compatible with, and operated in conformance with-
(I) plans developed pursuant to the requirements of section 135 of title 23; and
(II) the national rail plan (if it is available);
(B) select high-speed rail projects-
(i) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of the project's-
(I) levels of estimated ridership, increased on-time performance, reduced trip time, additional service frequency to meet anticipated or existing demand, or other significant service enhancements as measured against minimum standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008;
(II) anticipated favorable impact on air or highway traffic congestion, capacity, or safety; and
(ii) for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits, as indicated by-
(I) the project's precommencement compliance with environmental protection requirements;
(II) the readiness of the project to be commenced;
(III) the commitment of any affected host rail carrier to ensure the realization of the anticipated benefits; and
(IV) other relevant factors as determined by the Secretary;
(iii) for which the level of the anticipated benefits compares favorably to the amount of Federal funding requested under this section; and
(C) give greater consideration to projects-
(i) that are anticipated to result in benefits to other modes of transportation and to the public at large, including, but not limited to, consideration of the project's-
(I) encouragement of intermodal connectivity through provision of direct connections between train stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation;
(II) anticipated improvement of conventional intercity passenger, freight, or commuter rail operations;
(III) use of positive train control technologies;
(IV) environmental benefits, including projects that involve the purchase of environmentally sensitive, fuel-efficient, and cost-effective passenger rail equipment;
(V) anticipated positive economic and employment impacts;
(VI) encouragement of State and private contributions toward station development, energy and environmental efficiency, and economic benefits; and
(VII) falling under the description in section 5302(a)(1)(G) 1 of this title as defined to support intercity passenger rail service; and
(ii) that incorporate equitable financial participation in the project's financing, including, but not limited to, consideration of-
(I) donated property interests or services;
(II) financial contributions by intercity passenger, freight, and commuter rail carriers commensurate with the benefit expected to their operations; and
(III) financial commitments from host railroads, non-Federal governmental entities, non-governmental entities, and others.
(3)
(4)
(f)
(g)
(h)
(1) $150,000,000 for fiscal year 2009;
(2) $300,000,000 for fiscal year 2010;
(3) $350,000,000 for fiscal year 2011;
(4) $350,000,000 for fiscal year 2012; and
(5) $350,000,000 for fiscal year 2013.
(Added
Editorial Notes
References in Text
Section 104 of title 23, referred to in subsec. (b)(2), was amended generally by
Section 211 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (e)(2)(A)(i), is section 211 of
Section 207 of the Passenger Rail Investment and Improvement Act of 2008, referred to subsec. (e)(2)(B)(i)(I), is section 207 of
Section 5302 of this title, referred to in subsec. (e)(2)(C)(i)(VII), was amended generally by
The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (e)(4), is the date of enactment of
Section 22506 of this title, referred to in subsec. (e)(4), probably should be a reference to section 22706 of this title which requires the Secretary to prescribe procedures for submitting State rail plans for review. No section 22506 of this title has been enacted.
The date of enactment of this section, referred to in subsec. (g), is the date of enactment of
Amendments
2019-Subsec. (e)(3).
Statutory Notes and Related Subsidiaries
Additional High-Speed Rail Projects
"(a)
"(1)
"(A) the Northeast Corridor;
"(B) the California Corridor;
"(C) the Empire Corridor;
"(D) the Pacific Northwest Corridor;
"(E) the South Central Corridor;
"(F) the Gulf Coast Corridor;
"(G) the Chicago Hub Network;
"(H) the Florida Corridor;
"(I) the Keystone Corridor;
"(J) the Northern New England Corridor; and
"(K) the Southeast Corridor.
"(2)
"(3)
"(4)
"(A) the names and qualifications of the persons submitting the proposal and the entities proposed to finance, design, construct, operate, and maintain the railroad, railroad equipment, and related facilities, stations, and infrastructure;
"(B) a detailed description of the proposed rail service, including possible routes, required infrastructure investments and improvements, equipment needs and type, train frequencies, peak and average operating speeds, and trip times;
"(C) a description of how the project would comply with Federal rail safety and security laws, orders, and regulations governing high-speed rail operations;
"(D) the locations of proposed stations, which maximize the usage of existing infrastructure to the extent possible, and the populations such stations are intended to serve;
"(E) the type of equipment to be used, including any technologies, to achieve trip time goals;
"(F) a description of any proposed legislation needed to facilitate all aspects of the project;
"(G) a financing plan identifying-
"(i) projected revenue, and sources thereof;
"(ii) the amount of any requested public contribution toward the project, and proposed sources;
"(iii) projected annual ridership projections for the first 10 years of operations;
"(iv) annual operations and capital costs;
"(v) the projected levels of capital investments required both initially and in subsequent years to maintain a state-of-good-repair necessary to provide the initially proposed level of service or higher levels of service;
"(vi) projected levels of private investment and sources thereof, including the identity of any person or entity that has made or is expected to make a commitment to provide or secure funding and the amount of such commitment; and
"(vii) projected funding for the full fair market compensation for any asset, property right or interest, or service acquired from, owned, or held by a private person or Federal entity that would be acquired, impaired, or diminished in value as a result of a project, except as otherwise agreed to by the private person or entity;
"(H) a description of how the project would contribute to the development of a national high-speed rail system and an intermodal plan describing how the system will facilitate convenient travel connections with other transportation services;
"(I) a description of how the project will ensure compliance with Federal laws governing the rights and status of employees associated with the route and service, including those specified in section 22905 of title 49, United States Code;
"(J) a description of how the design, construction, implementation, and operation of the project will accommodate and allow for future growth of existing and projected intercity, commuter, and freight rail service;
"(K) a description of how the project would comply with Federal and State environmental laws and regulations, of what the [sic] environmental impacts would result from the project, and how any adverse impacts would be mitigated; and
"(L) a description of the project's impacts on highway and aviation congestion, energy consumption, land use, and economic development in the service area.
"(b)
"(1) make a determination as to whether any such proposals-
"(A) contain the information required under subsection (a)(3) and (4);
"(B) are sufficiently credible to warrant further consideration;
"(C) are likely to result in a positive impact on the Nation's transportation system; and
"(D) are cost-effective and in the public interest; and
"(2) establish a commission under subsection (c) for each corridor with one or more proposals that the Secretary determines satisfies the requirements of paragraph (1), and forward to each commission such proposals for review and consideration.
"(c)
"(1)
"(A) the governors of the affected States, or their respective designees;
"(B) mayors of appropriate municipalities along the proposed corridor, or their respective designees;
"(C) a representative from each freight railroad carrier using the relevant corridor, if applicable;
"(D) a representative from each transit authority using the relevant corridor, if applicable;
"(E) representatives of nonprofit employee labor organizations representing affected railroad employees; and
"(D) [sic] the President of Amtrak or his or her designee.
"(2)
"(3)
"(4)
"(A)
"(B)
"(5)
"(d)
"(1)
"(A) a summary of each proposal received;
"(B) services to be provided under each proposal, including projected ridership, revenues, and costs;
"(C) proposed public and private contributions for each proposal;
"(D) the advantages offered by the proposal over existing intercity passenger rail services;
"(E) public operating subsidies or assets needed for the proposed project;
"(F) possible risks to the public associated with the proposal, including risks associated with project financing, implementation, completion, safety, and security;
"(G) a ranked list of the proposals recommended for further consideration under subsection (e) in accordance with each proposal's projected positive impact on the Nation's transportation system;
"(H) an identification of any proposed Federal legislation that would facilitate implementation of the projects and Federal legislation that would be required to implement the projects; and
"(I) any other recommendations by the commission concerning the proposed projects.
"(2)
"(3)
"(e)
"(1) Not later than 60 days after receiving the recommended proposals of the commissions established under subsection (b)(2), the Secretary shall-
"(A) review such proposals and select any proposal which provides substantial benefits to the public and the national transportation system, is cost-effective, offers significant advantages over existing services, and meets other relevant factors determined appropriate by the Secretary; and
"(B) issue a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate containing any proposal with respect to subsection (a)(1)(A) that is selected by the Secretary under subparagraph (A) of this paragraph, all the information regarding the proposal provided to the Secretary under subsection (d), and any other relevant information deemed appropriate.
"(2) Following the submission of the report under paragraph (1)(B), the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing any proposal with respect to subparagraphs (B) through (K) of subsection (a)(1) that are selected by the Secretary under paragraph (1) of this subsection, all the information regarding the proposal provided to the Secretary under subsection (d), and any other relevant information deemed appropriate.
"(3) The report required under paragraph (2) shall not be submitted by the Secretary until the report submitted under paragraph (1) has been considered through a hearing by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the report submitted under paragraph (1)(B).
"(f)
"(g)
"(h)
"(1)
"(2)
"(3)
"(4)