Sec. 5. Capital grants for grade separation projects
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In this section: The term eligible applicant means— a State; a political subdivision of a State; a metropolitan planning organization; a regional or local transportation authority, including a port authority; a tribal government or a consortium of tribal governments; or 2 or more of the entities described in subparagraphs
(A)through (E). The term highway-rail vertical grade separation project means a project that separates the grade of a road-rail crossing to eliminate the conflict between those freight transportation modes. The term host railroad means— a Class I railroad, Class II railroad, or Class III railroad (as defined in section 20102 of title 49, United States Code); and the public or private owner of rail infrastructure over which a Class I railroad, Class II railroad, or Class III railroad operates. The term Secretary means the Secretary of Transportation. The Secretary shall establish a competitive capital grant program to provide financial assistance to eligible applicants for highway-rail vertical grade separation projects intended to reduce highway and rail congestion and improve safety. An eligible applicant may apply for a grant under this section for the purpose of— constructing a highway-rail vertical grade separation project; or planning, preparing, or designing a project described in paragraph (1). In determining whether to award a grant to an eligible applicant under this section, the Secretary shall consider the following factors, listed by priority: Whether the highway-rail vertical grade separation project will cost-effectively reduce national, regional, or local truck and rail freight network delays. The extent to which the highway-rail vertical grade separation project includes equitable financial participation from other beneficiaries of the project, including the extent to which the project will leverage financial contributions or commitments from private entities involved with the project in proportion with or greater to the proportion of the expected benefits that accrue to such entities from the project. The truck freight and train volumes at the crossing. The traffic delays caused by trains traveling through the crossing. The history at the crossing of incidents with fatal or severe injuries. The safety hazards, including sightlines, along the crossing approaches. The angle of the tracks to the roadway. The highway-rail vertical grade separation project readiness. The benefit to railroad operations as a result of the project. Such other factors as the Secretary considers relevant. As part of the grant application process, each eligible applicant shall submit a description of the anticipated public and private benefits associated with the highway-rail vertical grade separation project. The eligible applicant shall describe the anticipated public and private benefits in consultation with the host railroad involved in the project. The Secretary shall estimate the total cost of each highway-rail vertical grade separation project based on— engineering studies; studies of economic feasibility; and information on the expected use of equipment or facilities. A Federal grant for a highway-rail vertical grade separation project under this section may not exceed— 60 percent of the total capital cost of the highway-rail vertical grade separation project; or $15,000,000. The eligible applicant shall pay, or arrange for the payment from non-Federal sources, including financing, not less than 40 percent of the shared costs of a highway-rail vertical grade separation project that is funded in part by a grant awarded under this section. The costs required under subparagraph
(A)may be paid in cash or in-kind contributions. The non-Federal in-kind contributions under subparagraph
(B)may consist of— real property; tangible personal property; services of employees of the eligible applicant or other non-Federal source; and payments made by the eligible applicant or other non-Federal source for costs incurred for the highway-rail vertical grade separation project before the filing of an application for a grant for the project under this section, and any in-kind contributions that were made for the project before the filing of the application, to the extent that such costs were incurred or in-kind contributions were made to comply with a legal requirement necessary to carry out the project. The value of an in-kind contribution under clause (i)(III) shall be calculated— by including the costs incurred by the eligible applicant or other non-Federal source for the pay and benefits of an employee described in clause (i)(III); and by excluding any overhead or general administrative costs. The Secretary shall require as a condition of making any grant under this section that a written agreement exist between an eligible applicant and a host railroad concerning construction, maintenance, railroad contribution, and such other factors as the Secretary considers relevant. Not later than July 1, 2016, the Secretary shall issue final regulations for implementing the grant program authorized under this section. The Secretary may update existing or issue new guidance to assist an eligible applicant in determining whether a highway-rail crossing should be grade separated, including by identifying relevant criteria that should be considered and evaluating the benefits and costs of grade separations compared to other safety approaches within a risk analysis framework. There is authorized to be appropriated to the Secretary to carry out this section $150,000,000 for each of fiscal years 2016 through 2021.