Sec. 9207. Shared-use study

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The Secretary shall conduct a study, in consultation with, as appropriate, Amtrak, commuter, and other passenger rail operators, rail carriers that own rail infrastructure over which both passenger and freight trains operate, States, the Surface Transportation Board, and groups representing rail passengers and customers, in order to evaluate the shared-use of right-of-way by passenger and freight rail systems and the operational, institutional, and legal structures that would best support improvements to both of these systems.

In conducting the study, the Secretary shall evaluate— the access and use of railroad right-of-way by a railroad that does not own the right-of-way. This evaluation shall include an analysis of passenger rail services that operate over privately owned right-of-way, including access agreements, costs of access, and the resolution of disputes relating to such access or costs; the effectiveness of existing contractual and regulatory mechanisms for establishing, measuring, and enforcing train performance standards, including identification of gaps in those existing mechanisms and designation of possible new approaches; mechanisms for measuring and maintaining benefits resulting from publically funded freight and/or intercity passenger rail improvements, including those improvements directed towards shared-use right-of-way; standard approaches to operations, capacity, and cost estimation modeling that allows for transparent decision-making while also protecting the proprietary interests of all parties; and other issues identified by the Secretary.

Within 180 days after the establishment of a dedicated Rail Account within the Transportation Trust Fund, the Secretary shall submit recommendations developed pursuant to subsections

(a)and (b), including any legislative proposals consistent with such recommendations, to the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. The Secretary shall integrate the recommendations submitted under subsection

(c)into its financial assistance programs under subtitle V and section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ), as appropriate. The Secretary may promulgate a rulemaking or rulemakings to integrate such recommendations, if appropriate. There are authorized to be appropriated to the Secretary such sums as necessary to conduct the study described in this section, to remain available until expended.

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45 USC 822

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Sec. 9207

Shared-use study

Cite45 USC 822

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