Sec. 11502. TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT UNDER PRESERVATION REQUIREMENTS
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## SEC. 11502 TREATMENT OF IMPROVEMENTS TO RAIL AND TRANSIT UNDER PRESERVATION REQUIREMENTS ###
(a)Title 23 Amendment Section 138 of title 23, United States Code, is further amended by adding at the end the following: > > ### “(f) Rail and Transit > > > #### “(1) In general > > Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (a), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places. > > > #### “(2) Exceptions > > > ##### “(A) In general > > Paragraph
(1)shall not apply to— > > > ###### “(i) > > stations; or > > > ###### “(ii) > > bridges or tunnels located on— > > > ###### “(I) > > railroad lines that have been abandoned; or > > > ###### “(II) > > transit lines that are not in use. > > > ##### “(B) Clarification with respect to certain bridges and tunnels > > The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines— > > > ###### “(i) > > over which service has been discontinued; or > > > ###### “(ii) > > that have been railbanked or otherwise reserved for the transportation of goods or passengers.” > . ###
(b)Title 49 Amendment Section 303 of title 49, United States Code, is further amended— ####
(1)in subsection (c), in the matter preceding paragraph (1), by striking “subsection (d)” and inserting “subsections
(d)and (h)”; and ####
(2)by adding at the end the following: > > ### “(h) Rail and Transit > > > #### “(1) In general > > Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (c), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places. > > > #### “(2) Exceptions > > > ##### “(A) In general > > Paragraph
(1)shall not apply to— > > > ###### “(i) > > stations; or > > > ###### “(ii) > > bridges or tunnels located on— > > > ###### “(I) > > railroad lines that have been abandoned; or > > > ###### “(II) > > transit lines that are not in use. > > > ##### “(B) Clarification with respect to certain bridges and tunnels > > The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines— > > > ###### “(i) > > over which service has been discontinued; or > > > ###### “(ii) > > that have been railbanked or otherwise reserved for the transportation of goods or passengers.” > .