Sec. 2. National Freight Mobility Infrastructure Improvement Program
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/bill/113/hr/3825/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Transportation shall establish a National Freight Mobility Infrastructure Improvement Program under which the Secretary is authorized to make grants, on a competitive basis, to States and designated entities for eligible costs associated with projects to improve efficiency and capacity with respect to freight mobility in the United States. To be eligible to receive a grant under the program a State or designated entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.
The Secretary shall conduct a national solicitation for applications under the program. The Secretary, in accordance with this subsection, shall establish criteria for selecting among applications submitted for grants under the program. A project is eligible for a grant under the program only if the Secretary determines that the project— is of national or regional significance, including projects to assist— the construction of grade separations at railroad, highway, and railroad-highway junctions; the construction of railroad bypasses and spurs; the construction of railroad side tracks; the expansion of rail and highway tunnels to accommodate wider, taller, and additional volumes of vehicular and rail freight and container stacks; the addition of railroad track and intermodal facilities at international gateways, land, air, and sea ports, points of congestion, and logistic centers; highway and road construction (including reinforcement for heavy weight vehicles and heavy traffic volume) at international gateways, land, air, and sea ports, points of congestion, and logistic centers to better accommodate and speed the flow of freight traffic; the construction and improvement of rail and highway bridges that carry a substantial amount of freight; the construction of highway ramps built to carry a substantial amount of freight; and the construction of highway lanes, including lanes that segregate freight and passenger vehicular traffic; will improve freight mobility, capacity, and efficiency in the United States; is cost effective; is based on the results of preliminary engineering; is justified based on the extent to which the project— will enhance State, regional, or national economic development, performance, and efficiency as measured by— the creation of new businesses and jobs and the retention of existing businesses and jobs;
State and local tax receipts; and improved safety, as measured by reductions in accidents, injuries, and fatalities; and will maximize economic opportunities for communities; and is supported by an acceptable degree of non-Federal financial commitments, including that— the project provides for the availability of contingency amounts that, as determined by the Secretary, are reasonable to cover unanticipated cost increases; and each proposed non-Federal source of financing is stable, reliable, and available within the project timetable.
In selecting a project for a grant under the program, the Secretary shall consider the extent to which the project— meets the requirements specified in paragraph (2); complements and supports the objectives of applicable freight plans developed by States under section 1118 of MAP–21 ( 23 U.S.C. 167 note); facilitates freight throughput of higher volume and values; uses operational efficiencies, including intelligent transportation systems, that enhance the efficiency or effectiveness (or both) of the project; helps maintain or protect the environment; and improves or enhances segments of the primary freight network designated under section 167(d) of title 23, United States Code.
Not less than 90 days before making a grant under the program, the Secretary shall submit to Congress written notice of the grant. The Secretary shall carry out the program using amounts made available to the Secretary from the National Freight Mobility Infrastructure Fund established under section 9512 of the Internal Revenue Code of 1986. Not more than 10 percent of the amounts available during a fiscal year for grants under the program may be used for projects located in a single State.
The Secretary may enter into a grant under the program that provides funding for a project in more than one fiscal year. An agreement for such a grant shall— establish the maximum amount of Federal financial assistance for the project; establish the time period for Federal financial assistance for the project; provide grant funds for the fiscal year in which the grant is made; and include a commitment, that is not an obligation of the Federal Government and that is contingent on the availability of funds, for grant amounts to be provided in fiscal years following the fiscal year in which the grant is made.
The Federal share of the cost of a project for which a grant is made under the program, as estimated by the Secretary, shall be not more than 80 percent. In assessing the stability, reliability, and availability of proposed sources of non-Federal financing for purposes of subsection (c)(2)(F)(ii), the Secretary shall consider— existing financial commitments; the degree to which financing sources are dedicated to the purposes proposed; any debt obligation that exists or is proposed by the grant recipient for the proposed project; and the extent to which the project has a non-Federal financial commitment that exceeds the required non-Federal share of the cost of the project.
A grant made to assist the construction of a highway under the program shall be subject to the requirements relating to such construction under title 23, United States Code. The Secretary shall ensure that all grants made under the program are subject to terms, conditions, and requirements that the Secretary decides are necessary or appropriate for purposes of this section, including requirements for the disposition of net increases in the value of real property resulting from the project assisted under the program.
In carrying out the program, the Secretary shall seek to minimize administrative costs, including overhead, enforcement, and auditing costs related to the program. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit 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 on the activities of the Secretary under the program.
Not later than 180 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out this section. In this section, the following definitions apply: The term designated entity means— an entity designated by the chief executive officer of a State (or the chief executive officer’s designee) as eligible to apply for and receive funding under the program; a regional authority responsible under the laws of a State for a project eligible for funding under the program; and a public port.
The term eligible costs means the costs of a project with respect to— development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and construction, reconstruction, rehabilitation, acquisition of real property (including land related to a project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements.
The term program means the National Freight Mobility Infrastructure Improvement Program established under subsection (a). The term State has the meaning given such term in section 101(a) of title 23, United States Code.
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Sec. 2
National Freight Mobility Infrastructure Improvement Program
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