Sec. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL GRANTS
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## SEC. 22307 FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL GRANTS ###
(a)In General Section 24911 of title 49, United States Code, is amended— ####
(1)in the section heading, by striking “for state of good repair” and inserting “for intercity passenger rail”; ####
(2)in subsection (a)— #####
(A)in paragraph (1)— ######
(i)in subparagraph (F), by striking “or” at the end; ######
(ii)by redesignating subsection
(G)as subsection (H); ######
(iii)by inserting after subparagraph (F), the following: > > ##### “(G) > > a federally recognized Indian Tribe; or” > ; and ######
(iv)in subsection (H), as redesignated, by striking “(F)” and inserting “(G)”; #####
(B)by striking paragraphs
(2)and (5); and #####
(C)by redesignating paragraphs
(3)and
(4)as paragraphs
(2)and (3), respectively; ####
(3)in subsection (b), by striking “with respect to qualified railroad assets” and inserting “, improve performance, or expand or establish new intercity passenger rail service, including privately operated intercity passenger rail service if an eligible applicant is involved;”; ####
(4)by striking subsections
(c)through
(e)and inserting the following: > > ### “(c) Eligible Projects > > The following capital projects, including acquisition of real property interests, are eligible to receive grants under this section: > > > #### “(1) > > A project to replace, rehabilitate, or repair infrastructure, equipment, or a facility used for providing intercity passenger rail service to bring such assets into a state of good repair. > > > #### “(2) > > A project to improve intercity passenger rail service performance, including reduced trip times, increased train frequencies, higher operating speeds, improved reliability, expanded capacity, reduced congestion, electrification, and other improvements, as determined by the Secretary. > > > #### “(3) > > A project to expand or establish new intercity passenger rail service. > > > #### “(4) > > A group of related projects described in paragraphs
(1)through (3). > > > #### “(5) > > The planning, environmental studies, and final design for a project or group of projects described in paragraphs
(1)through (4). > > > ### “(d) Project Selection Criteria > > In selecting a project for funding under this section— > > > #### “(1) > > for projects located on the Northeast Corridor, the Secretary shall— > > > ##### “(A) > > make selections consistent with the Northeast Corridor Project Inventory published pursuant to subsection (e)(1), unless when necessary to address materially changed infrastructure or service conditions, changes in project sponsor capabilities or commitments, or other significant changes since the completion of the most recently issued Northeast Corridor Project Inventory; and > > > ##### “(B) > > for projects that benefit intercity and commuter rail services, only make such selections when Amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location— > > > ###### “(i) > > are in compliance with section 24905(c)(2); and > > > ###### “(ii) > > identify funding for the intercity passenger rail share, the commuter rail share, and the local share of the eligible project before the commencement of the project; > > > #### “(2) > > for projects not located on the Northeast Corridor, the Secretary shall— > > > ##### “(A) > > give preference to eligible projects— > > > ###### “(i) > > for which Amtrak is not the sole applicant; > > > ###### “(ii) > > that improve the financial performance, reliability, service frequency, or address the state of good repair of an Amtrak route; and > > > ###### “(iii) > > that are identified in, and consistent with, a corridor inventory prepared under the Corridor Identification and Development Program pursuant to section 25101; and > > > ##### “(B) > > take into account— > > > ###### “(i) > > the cost-benefit analysis of the proposed project, including anticipated private and public benefits relative to the costs of the proposed project, including— > > > ###### “(I) > > effects on system and service performance, including as measured by applicable metrics set forth in part 273 of title 49, Code of Federal Regulations (or successor regulations); > > > ###### “(II) > > effects on safety, competitiveness, reliability, trip or transit time, greenhouse gas emissions, and resilience; > > > ###### “(III) > > anticipated positive economic and employment impacts, including development in areas near passenger stations, historic districts, or other opportunity zones; > > > ###### “(IV) > > efficiencies from improved connections with other modes; and > > > ###### “(V) > > ability to meet existing or anticipated demand; > > > ###### “(ii) > > 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; > > > ###### “(iii) > > the applicant’s past performance in developing and delivering similar projects, and previous financial contributions; > > > ###### “(iv) > > whether the applicant has, or will have— > > > ###### “(I) > > the legal, financial, and technical capacity to carry out the project; > > > ###### “(II) > > satisfactory continuing access to the equipment or facilities; and > > > ###### “(III) > > the capability and willingness to maintain the equipment or facilities; > > > ###### “(v) > > if applicable, the consistency of the project with planning guidance and documents set forth by the Secretary or otherwise required by law; > > > ###### “(vi) > > whether the proposed project serves historically unconnected or underconnected communities; and > > > ###### “(vii) > > any other relevant factors, as determined by the Secretary; and > > > #### “(3) > > the Secretary shall reserve— > > > ##### “(A) > > not less than 45 percent of the amounts appropriated for grants under this section for projects not located along the Northeast Corridor, of which not less than 20 percent shall be for projects that benefit (in whole or in part) a long-distance route; and > > > ##### “(B) > > not less than 45 percent of the amounts appropriated for grants under this section for projects listed on the Northeast Corridor project inventory published pursuant to subsection (e)(1). > > > ### “(e) Long-term Planning > > Not later than 1 year after the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, and every 2 years thereafter, the Secretary shall create a predictable project pipeline that will assist Amtrak, States, and the public with long-term capital planning by publishing a Northeast Corridor project inventory that— > > > #### “(1) > > identifies capital projects for Federal investment, project applicants, and proposed Federal funding levels under this section; > > > #### “(2) > > specifies the order in which the Secretary will provide grant funding to projects that have identified sponsors and are located along the Northeast Corridor, including a method and plan for apportioning funds to project sponsors for the 2-year period, which may be altered by the Secretary, as necessary, if recipients are not carrying out projects in accordance with the anticipated schedule; > > > #### “(3) > > takes into consideration the appropriate sequence and phasing of projects described in the Northeast Corridor capital investment plan developed pursuant to section 24904(a); > > > #### “(4) > > is consistent with the most recent Northeast Corridor service development plan update described in section 24904(d); > > > #### “(5) > > takes into consideration the existing commitments and anticipated Federal, project applicant, sponsor, and other relevant funding levels for the next 5 fiscal years based on information currently available to the Secretary; and > > > #### “(6) > > is developed in consultation with the Northeast Corridor Commission and the owners of Northeast Corridor infrastructure and facilities.” > ; ####
(5)in subsection (f)(2), by inserting “, except as specified under paragraph (4)” after “80 percent”; ####
(6)in subsection (g)— #####
(A)in the subsection heading, by inserting “; Phased Funding Agreements” after “Intent”; #####
(B)in paragraph (1)— ######
(i)in the paragraph heading, by striking “In general” and inserting “Letters of intent”; and ######
(ii)by striking “shall, to the maximum extent practicable,” and inserting “may”; #####
(C)by redesignating paragraphs
(2)and
(3)as paragraphs
(3)and (4), respectively; #####
(D)by inserting after paragraph
(1)the following: > > #### “(2) Phased funding agreements > > > ##### “(A) In general > > The Secretary may enter into a phased funding agreement with an applicant if— > > > ###### “(i) > > the project is highly rated, based on the evaluations and ratings conducted pursuant to this section and the applicable notice of funding opportunity; and > > > ###### “(ii) > > the Federal assistance to be provided for the project under this section is more than $80,000,000. > > > ##### “(B) Terms > > A phased funding agreement shall— > > > ###### “(i) > > establish the terms of participation by the Federal Government in the project; > > > ###### “(ii) > > establish the maximum amount of Federal financial assistance for the project; > > > ###### “(iii) > > include the period of time for completing the project, even if such period extends beyond the period for which Federal financial assistance is authorized; > > > ###### “(iv) > > make timely and efficient management of the project easier in accordance with Federal law; and > > > ###### “(v) > > if applicable, specify when the process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and related environmental laws will be completed for the project. > > > ##### “(C) Special financial rules > > > ###### “(i) In general > > A phased funding agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. > > > ###### “(ii) Statement of contingent commitment > > The agreement shall state that the contingent commitment is not an obligation of the Government. > > > ###### “(iii) Interest and other financing costs > > Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a phased funding agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, to the satisfaction of the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. > > > ###### “(iv) Failure to carry out project > > If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the phased funding agreement. For purposes of this clause, a process for complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that results in the selection of the no build alternative is not within the applicant’s control. > > > ###### “(v) Crediting of funds received > > Any funds received by the Government under this paragraph, except for interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived.” > ; #####
(E)in paragraph (3), as redesignated— ######
(i)in subparagraph (A), in the matter preceding clause (i), by inserting “a phased funding agreement under paragraph
(2)or” after “issuing”; and ######
(ii)in subparagraph (B)(i), by inserting “the phased funding agreement or” after “a copy of”; and #####
(F)in paragraph (4), as redesignated— ######
(i)by striking “ An obligation ” and inserting the following: > > ##### “(B) Appropriations required > > An obligation” > ; and ######
(ii)by inserting before subparagraph (B), as added by clause (i), the following: > > ##### “(A) In general > > The Secretary may enter into phased funding agreements under this subsection that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate.” > ; ####
(7)in subsection (i), by striking “section 22905” and inserting “sections 22903 and 22905”; and ####
(8)by adding at the end the following: > > ### “(j) Annual Report on Phased Funding Agreements and Letters of Intent > > Not later than the first Monday in February of each year, the Secretary shall submit a report 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 that includes— > > > #### “(1) > > a proposal for the allocation of amounts to be available to finance grants for projects under this section among applicants for such amounts; > > > #### “(2) > > evaluations and ratings, as applicable, for each project that has received a phased funding agreement or a letter of intent; and > > > #### “(3) > > recommendations for each project that has received a phased funding agreement or a letter of intent for funding based on the evaluations and ratings, as applicable, and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary. > > > ### “(k) Regional Planning Guidance Corridor Planning > > The Secretary may withhold up to 5 percent of the total amount made available for this section to carry out planning and development activities related to section 25101, including— > > > #### “(1) > > providing funding to public entities for the development of service development plans selected under the Corridor Identification and Development Program; > > > #### “(2) > > facilitating and providing guidance for intercity passenger rail systems planning; and > > > #### “(3) > > providing funding for the development and refinement of intercity passenger rail systems planning analytical tools and models.” > . ###
(b)Clerical Amendment **[**[49 U.S.C. 24901](/us/usc/t49/s24901)**]** The analysis for chapter 249 of title 49, United States Code, is amended by striking the item relating to section 24911 and inserting the following:" “24911. Federal-State partnership for intercity passenger rail.” ".
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