Sec. 9551. Grade crossing separation grants
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Subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following: The Secretary of Transportation shall make grants under this section to eligible entities to assist in financing the cost of highway-rail grade separation projects. To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application in such form, in such manner, and containing such information as the Secretary may require, including— an agreement between the entity that owns or controls the right-of-way and the applicant addressing access to right-of-way throughout the project; and a cost-sharing agreement with the funding amounts that the entity that owns or controls the right-of-way shall contribute to the project, which shall be not less than 10 percent of the total project cost.
The following projects are eligible to receive a grant under this section: Installation, repair, or improvement of grade crossing separations. Grade crossing elimination incidental to eligible grade crossing separation projects. Project planning, development, and environmental work related to a project described in paragraph
(1)or (2). Of amounts made available to carry out this section, not more than 50 percent shall be available for projects with total costs of $100,000,000 or greater. In awarding grants under this section, the Secretary— shall give priority to projects that maximize the safety benefits of Federal funding; and may evaluate applications on the safety profile of the existing crossing, 10-year history of accidents at such crossing, inclusion of the proposed project on a grade crossing safety action plan, average automobile traffic, freight and passenger train traffic, average daily number of crossing closures, and proximity of community resources, including schools, hospitals, fire stations, police stations, and emergency medical service facilities. The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analysis, and information on the expected use of equipment or facilities. The Federal share for a project carried out under this section shall not exceed 85 percent. An eligible entity may not receive a grant for a project under this section unless such project is in compliance with section 22905, except that 22905(b) shall only apply to a person that conducts rail operations. The Secretary shall, to the maximum extent practicable, issue a letter of intent to a recipient of a grant under subsection (d)(1) that— announces an intention to obligate for no more than 2 years, for a major capital project under subsection (d)(1), an amount that is not more than the amount stipulated as the financial participation of the Secretary for the project; and states that the contingent commitment— is not an obligation of the Federal Government; and is subject to the availability of appropriations for grants under this section and subject to Federal laws in force or enacted after the date of the contingent commitment. Not later than 3 days before issuing a letter of intent under paragraph (1), the Secretary shall submit written notification to— the Committee on Transportation and Infrastructure of the House of Representatives; the Committee on Appropriations of the House of Representatives; the Committee on Appropriations of the Senate; and the Committee on Commerce, Science, and Transportation of the Senate. The notification submitted under subparagraph
(A)shall include— a copy of the letter of intent; the criteria used under subsection
(b)for selecting the project for a grant; and a description of how the project meets such criteria. An obligation or administrative commitment may be made under subsection
(g)only after amounts are appropriated for such purpose. In this section: The term eligible entity means— a State; a public agency or publicly chartered authority; a metropolitan planning organization; a political subdivision of a State; and a Tribal government. The term metropolitan planning organization has the meaning given such term in section 134(b) of title 23. The term State means a State of the United States or the District of Columbia. . The analysis for subchapter II of chapter 201 of title 49, United States Code, as amended by this division, is further amended by adding at the end the following: 20171. Grade crossing separation grants. .