U.S. Code > Title 49 Transportation > SUBTITLE V—RAIL PROGRAMS (§§ 20101—28505) > PART D—HIGH-SPEED RAIL (§§ 26101—26106) > CHAPTER 261—HIGH-SPEED RAIL ASSISTANCE (§§ 26101—26106) > § 26106. High-speed rail corridor development

§ 26106. High-speed rail corridor development

(a) In General.— The Secretary of Transportation shall establish and implement a high-speed rail corridor development program.
(b) Definitions.— In this section, the following definitions apply:
(1) Applicant.— The term “applicant” means a State, a group of States, an Interstate Compact, a public agency established by one or more States and having responsibility for providing high-speed rail service, or Amtrak.
(2) Corridor.— The term “corridor” means a corridor designated by the Secretary pursuant to section 104 (d)(2) of title 23.
(3) Capital project.— The term “capital project” means a project or program in a State rail plan developed under chapter 227 of this title for acquiring, constructing, improving, or inspecting equipment, track, and track structures, or a facility of use in or for the primary benefit of high-speed rail service, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements related to high-speed rail service, mitigating environmental impacts, communication and signalization improvements, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing.
(4) High-speed rail.— The term “high-speed rail” means intercity passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour.
(5) Intercity passenger rail service.— The term “intercity passenger rail service” has the meaning given the term “intercity rail passenger transportation” in section 24102 of this title.
(6) State.— The term “State” means any of the 50 States or the District of Columbia.
(c) General Authority.— The Secretary may make grants under this section to an applicant to finance capital projects in high-speed rail corridors.
(d) Applications.— Each applicant seeking to receive a grant under this section to develop a high-speed rail corridor shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish.
(e) Competitive Grant Selection and Criteria for Grants.—
(1) In general.— The Secretary shall—
(A) establish criteria for selecting among projects that meet the criteria specified in paragraph (2);
(B) conduct a national solicitation for applications; and
(C) award grants on a competitive basis.
(2) Grant criteria.— The Secretary, in selecting the recipients of high-speed rail development grants to be provided under subsection (c), shall—
(A) require—
(i) that the project be part of a State rail plan developed under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008;
(ii) that the applicant or recipient 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;
(iii) that the project be based on the results of preliminary engineering studies or other planning, including corridor planning activities funded under section 26101 of this title;
(iv) that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection;
(v) that if an applicant has selected the proposed operator of its service, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors;
(vi) that each proposed project meet all safety and security requirements that are applicable to the project under law; and
(vii) that each project be compatible with, and operated in conformance with—
(I) plans developed pursuant to the requirements of section 135 of title 23; and
(II) the national rail plan (if it is available);
(B) select high-speed rail projects—
(i) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of the project’s—
(I) levels of estimated ridership, increased on-time performance, reduced trip time, additional service frequency to meet anticipated or existing demand, or other significant service enhancements as measured against minimum standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008;
(II) anticipated favorable impact on air or highway traffic congestion, capacity, or safety; and
(ii) for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits, as indicated by—
(I) the project’s precommencement compliance with environmental protection requirements;
(II) the readiness of the project to be commenced;
(III) the commitment of any affected host rail carrier to ensure the realization of the anticipated benefits; and
(IV) other relevant factors as determined by the Secretary;
(iii) for which the level of the anticipated benefits compares favorably to the amount of Federal funding requested under this section; and
(C) give greater consideration to projects—
(i) that are anticipated to result in benefits to other modes of transportation and to the public at large, including, but not limited to, consideration of the project’s—
(I) encouragement of intermodal connectivity through provision of direct connections between train stations, airports, bus terminals, subway stations, ferry ports, and other modes of transportation;
(II) anticipated improvement of conventional intercity passenger, freight, or commuter rail operations;
(III) use of positive train control technologies;
(IV) environmental benefits, including projects that involve the purchase of environmentally sensitive, fuel-efficient, and cost-effective passenger rail equipment;
(V) anticipated positive economic and employment impacts;
(VI) encouragement of State and private contributions toward station development, energy and environmental efficiency, and economic benefits; and
(VII) falling under the description in section 5302 (a)(1)(G) of this title as defined to support intercity passenger rail service; and
(ii) that incorporate equitable financial participation in the project’s financing, including, but not limited to, consideration of—
(I) donated property interests or services;
(II) financial contributions by intercity passenger, freight, and commuter rail carriers commensurate with the benefit expected to their operations; and
(III) financial commitments from host railroads, non-Federal governmental entities, non-governmental entities, and others.
(3) Grant conditions.— The Secretary shall require each recipient of a grant under this chapter to comply with the grant requirements of section 24405 of this title.
(4) State rail plans.— State rail plans completed before the date of enactment of the Passenger Rail Investment and Improvement Act of 2008 that substantially meet the requirements of chapter 227 of this title, as determined by the Secretary pursuant to section 22506 [1] of this title, shall be deemed by the Secretary to have met the requirements of paragraph (2)(A)(i) of this subsection.
(f) Federal Share.— The Federal share of the cost of a project financed under this section shall not exceed 80 percent of the project net capital cost.
(g) Issuance of Regulations.— Within 1 year after the date of enactment of this section, the Secretary shall issue regulations to carry out this section.
(h) Authorization of Appropriations.— There are authorized to be appropriated to the Secretary to carry out this section—
(1) $150,000,000 for fiscal year 2009;
(2) $300,000,000 for fiscal year 2010;
(3) $350,000,000 for fiscal year 2011;
(4) $350,000,000 for fiscal year 2012; and
(5) $350,000,000 for fiscal year 2013.

[1] See References in Text note below.