Sec. 302. Federal-State partnership for state of good repair
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/bill/114/s/1626/is/section-302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 244 is amended by inserting after section 24406, as added by section 301 of this Act, the following: In this section: The term applicant means— a State (including the District of Columbia); a group of States; an Interstate Compact; a public agency or publicly chartered authority established by 1 or more States that has responsibility for providing intercity rail passenger transportation or commuter rail passenger transportation; a political subdivision of a State; Amtrak, acting on its own behalf or under a cooperative agreement with 1 or more States; or any combination of the entities described in subparagraphs
(A)through (F). The term capital project means— a project primarily intended to replace, rehabilitate, or repair major infrastructure assets utilized for providing intercity passenger rail service, including tunnels, bridges, stations, and other assets, as determined by the Secretary; or a project primarily intended to improve intercity passenger rail performance, including reduced trip times, increased train frequencies, higher operating speeds, and other improvements, as determined by the Secretary. The term Northeast Corridor means— the main rail line between Boston, Massachusetts and the Virginia Avenue interlocking in the District of Columbia; and the branch rail lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York. The term qualified railroad asset means infrastructure, equipment, or a facility that— is owned or controlled by an eligible applicant; and was not in a state of good repair on the date of enactment of the Railroad Reform, Enhancement, and Efficiency Act . The Secretary of Transportation shall develop and implement a program for issuing grants to applicants, on a competitive basis, to fund capital projects that reduce the state of good repair backlog on qualified railroad assets. Projects eligible for grants under this section include capital projects to replace or rehabilitate qualified railroad assets, including— capital projects to replace existing assets in-kind; capital projects to replace existing assets with assets that increase capacity or provide a higher level of service; and capital projects to ensure that service can be maintained while existing assets are brought to a state of good repair. In selecting an applicant for a grant under this section, the Secretary shall— give preference to eligible projects— that are consistent with the goals, objectives, and policies defined in any regional rail planning document that is applicable to a project proposal; and for which the proposed Federal share of total project costs does not exceed 50 percent; and take into account— the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project, including— effects on system and service performance; effects on safety, competitiveness, reliability, trip or transit time, and resilience; efficiencies from improved integration with other modes; and ability to meet existing or anticipated demand; the degree to which the proposed project’s business plan considers potential private sector participation in the financing, construction, or operation of the proposed project; the applicant’s past performance in developing and delivering similar projects, and previous financial contributions; whether the applicant 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; if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or required by law; and any other relevant factors, as determined by the Secretary. A project is not eligible for a grant under this section unless the project is specifically identified— on a State rail plan prepared in accordance with chapter 227; or if the project is located on the Northeast Corridor, on the Northeast Corridor Capital Investment Plan developed pursuant to section 24904(a). Grant funds may not be provided under this section to an eligible recipient for an eligible project located on the Northeast Corridor unless Amtrak and the public authorities providing commuter rail passenger transportation on the Northeast Corridor are in compliance with section 24905(c)(2). When selecting projects located on the Northeast Corridor, the Secretary shall consider the appropriate sequence and phasing of projects as contained in the Northeast Corridor Capital Investment Plan developed pursuant to section 24904(a). The Secretary shall estimate the total cost of a project under this section based on the best available information, including engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities. The Federal share of total costs for a project under this subsection shall not exceed 80 percent. If Amtrak or another rail passenger carrier is an applicant under this section, Amtrak or the other rail passenger carrier, as applicable, may use ticket and other revenues generated from its operations and other sources to satisfy the non-Federal share requirements. The Secretary may issue a letter of intent to a grantee under this section that— announces an intention to obligate, for a major capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project; and states that the contingent commitment— is not an obligation of the Federal Government; and is subject to the availability of appropriations under Federal law and to Federal laws in force or enacted after the date of the contingent commitment. Not later than 30 days before issuing a letter under paragraph (1), the Secretary shall submit written notification to— the Committee on Commerce, Science, and Transportation of the Senate ; the Committee on Appropriations of the Senate ; the Committee on Transportation and Infrastructure of the House of Representatives ; and the Committee on Appropriations of the House of Representatives . The notification submitted pursuant to subparagraph
(A)shall include— a copy of the proposed letter or agreement; the criteria used under subsection
(d)for selecting the project for a grant award; and a description of how the project meets such criteria. An obligation or administrative commitment may be made under this section only when amounts are appropriated for such purpose. Amounts appropriated for carrying out this section shall remain available until expended. Except as specifically provided in this section, the use of any amounts appropriated for grants under this section shall be subject to the requirements under this chapter. . The table of contents for chapter 244 is amended by inserting after the item relating to section 24406 the following: 24407. Federal-State partnership for state of good repair. .