Sec. 1204. Railway crossings
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/bill/116/hr/2/rh/section-1204A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 130 of title 23, United States Code, is amended— in the section heading by striking and inserting Railway-highway crossings ; Railway crossings in subsection (a)— by striking Subject to section 120 and subsection
(b)of this section, the entire and inserting ; In general.— The by striking then the entire and inserting the ; and by striking , subject to section 120 and subsection
(b)of this section, ; by amending subsection
(b)to read as follows: The construction of projects for the elimination of hazards at railway crossings represents a benefit to the railroad. The Secretary shall classify the various types of projects involved in the elimination of hazards of railway-highway crossings, and shall set for each such classification a percentage of the total project cost that represent the benefit to the railroad or railroads for the purpose of determining the railroad's share of the total project cost. The Secretary shall determine the appropriate classification of each project. Not more than 5 percent of the cost share described in paragraph
(1)may be attributable to noncash contributions of materials and labor furnished by the railroad in connection with the construction of such project. The requirements under section 200.306 and 200.403(g) of title 2, Code of Federal Regulations (or successor regulations), shall apply to any noncash contributions under this subsection. For the purposes of this subsection, the determination of the railroad’s share of the total project cost shall include environment, design, right-of-way, utility accommodation, and construction phases of the project. ; in subsection (c)— by striking Any railroad involved and inserting ; Benefit.— Any railroad involved by striking the net benefit and inserting the cost associated with the benefit ; and by striking Such payment may consist in whole or in part of materials and labor furnished by the railroad in connection with the construction of such project. ; by striking subsection
(e)and inserting the following: Funds apportioned to a State under section 104(b)(7) may be obligated for the following: The elimination of hazards at railway-highway crossings, including technology or protective upgrades. Construction (including installation and replacement) of protective devices at railway-highway crossings. Infrastructure and noninfrastructure projects and strategies to prevent or reduce suicide or trespasser fatalities and injuries along railroad rights-of-way and at or near railway-highway crossings. Projects to mitigate any degradation in the level of access from a highway-grade crossing closure. Bicycle and pedestrian railway grade crossing improvements, including underpasses and overpasses. Projects eligible under section 22907(c)(5) of title 49, provided that amounts obligated under this subparagraph— shall be administered by the Secretary in accordance with such section as if such amounts were made available to carry out such section; and may be used to pay up to 90 percent of the non-Federal share of the cost of a project carried out under such section. If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices at railway-highway crossings, the State may use funds made available by this section for other highway safety improvement program purposes. ; by striking subsection
(f)and inserting the following: Notwithstanding section 120, the Federal share payable on account of any project financed with funds made available to carry out subsection
(e)shall be up to 90 percent of the cost thereof. ; by striking subsection
(g)and inserting the following: Not later than 2 years after the date of enactment of the INVEST in America Act , and at least biennially thereafter, each State shall submit to the Secretary a report on the progress being made to implement the railway crossings program authorized by this section and the effectiveness of such improvements. Each State report under subparagraph
(A)shall contain an assessment of the costs of the various treatments employed and subsequent accident experience at improved locations. Not later than 180 days after the deadline for the submission of a report under paragraph (1)(A), the Secretary shall publish on the website of the Department of Transportation a report on the progress being made by the State in implementing projects to improve railway-highway crossings. The report under subparagraph
(A)shall include— the number of projects undertaken; distribution of such projects by cost range, road system, nature of treatment, and subsequent accident experience at improved locations; an analysis and evaluation of each State program; the identification of any State found not to be in compliance with the schedule of improvements required by subsection (d); and recommendations for future implementation of the railway crossings program. ; in subsection (j)— in the heading by inserting after and pedestrian ; and Bicycle by inserting and pedestrian after bicycle ; and in subsection (l)— in paragraph
(1)by striking Not later than and all that follows through each State and inserting Not later than 6 months after a new railway crossing becomes operational, each State ; and in paragraph
(2)by striking On a periodic and all that follows through every year thereafter and inserting On or before September 30 of each year . The analysis for chapter 1 of title 23, United States Code, is amended by amending the item relating to section 130 to read as follows: 130. Railway crossings. . Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway crossing program under section 130 of title 23, United States Code. It is the sense of Congress that the Department of Transportation should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings.