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49 USC CHAPTER 261 - HIGH-SPEED RAIL ASSISTANCE 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART D - HIGH-SPEED RAIL

CHAPTER 261 - HIGH-SPEED RAIL ASSISTANCE

-HEAD-

CHAPTER 261 - HIGH-SPEED RAIL ASSISTANCE

-MISC1-

Sec.

26101. Corridor planning.

26102. High-speed rail technology improvements.

26103. Safety regulations.

26104. Authorization of appropriations.

26105. Definitions.

PRIOR PROVISIONS

A prior chapter 261, consisting of sections 26101 and 26102, was

renumbered chapter 281 of this title by Pub. L. 103-440, title I,

Sec. 103(a)(1), Nov. 2, 1994, 108 Stat. 4616.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 24301 of this title.

-End-

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49 USC Sec. 26101 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART D - HIGH-SPEED RAIL

CHAPTER 261 - HIGH-SPEED RAIL ASSISTANCE

-HEAD-

Sec. 26101. Corridor planning

-STATUTE-

(a) Corridor Planning Assistance. - (1) The Secretary may provide

under this section financial assistance to a public agency or group

of public agencies for corridor planning for up to 50 percent of

the publicly financed costs associated with eligible activities.

(2) No less than 20 percent of the publicly financed costs

associated with eligible activities shall come from State and local

sources, which State and local sources may not include funds from

any Federal program.

(b) Eligible Activities. - (1) A corridor planning activity is

eligible for financial assistance under subsection (a) if the

Secretary determines that it is necessary to establish appropriate

engineering, operational, financial, environmental, or

socioeconomic projections for the establishment of high-speed rail

service in the corridor and that it leads toward development of a

prudent financial and institutional plan for implementation of

specific high-speed rail improvements. Eligible corridor planning

activities include -

(A) environmental assessments;

(B) feasibility studies emphasizing commercial technology

improvements or applications;

(C) economic analyses, including ridership, revenue, and

operating expense forecasting;

(D) assessing the impact on rail employment of developing

high-speed rail corridors;

(E) assessing community economic impacts;

(F) coordination with State and metropolitan area

transportation planning and corridor planning with other States;

(G) operational planning;

(H) route selection analyses and purchase of rights-of-way for

proposed high-speed rail service;

(I) preliminary engineering and design;

(J) identification of specific improvements to a corridor,

including electrification, line straightening and other

right-of-way improvements, bridge rehabilitation and replacement,

use of advanced locomotives and rolling stock, ticketing,

coordination with other modes of transportation, parking and

other means of passenger access, track, signal, station, and

other capital work, and use of intermodal terminals;

(K) preparation of financing plans and prospectuses; and

(L) creation of public/private partnerships.

(2) No financial assistance shall be provided under this section

for corridor planning with respect to the main line of the

Northeast Corridor, between Washington, District of Columbia, and

Boston, Massachusetts.

(c) Criteria for Determining Financial Assistance. - Selection by

the Secretary of recipients of financial assistance under this

section shall be based on such criteria as the Secretary considers

appropriate, including -

(1) the relationship of the corridor to the Secretary's

national high-speed ground transportation policy;

(2) the extent to which the proposed planning focuses on

systems which will achieve sustained speeds of 125 mph or

greater;

(3) the integration of the corridor into metropolitan area and

statewide transportation planning;

(4) the potential interconnection of the corridor with other

parts of the Nation's transportation system, including the

interconnection with other countries;

(5) the anticipated effect of the corridor on the congestion of

other modes of transportation;

(6) whether the work to be funded will aid the efforts of State

and local governments to comply with the Clean Air Act (42 U.S.C.

7401 et seq.);

(7) the past and proposed financial commitments and other

support of State and local governments and the private sector to

the proposed high-speed rail program, including the acquisition

of rolling stock;

(8) the estimated level of ridership;

(9) the estimated capital cost of corridor improvements,

including the cost of closing, improving, or separating

highway-rail grade crossings;

(10) rail transportation employment impacts;

(11) community economic impacts;

(12) the extent to which the projected revenues of the proposed

high-speed rail service, along with any financial commitments of

State or local governments and the private sector, are expected

to cover capital costs and operating and maintenance expenses;

(13) whether a specific route has been selected, specific

improvements identified, and capacity studies completed; and

(14) whether the corridor has been designated as a high-speed

rail corridor by the Secretary.

-SOURCE-

(Added Pub. L. 103-440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108

Stat. 4616.)

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (c)(6), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 26101 was renumbered section 28101 of this title.

CONGRESSIONAL FINDINGS; PURPOSE

Section 102 of title I of Pub. L. 103-440 provided that:

"(a) Findings. - The Congress finds that -

"(1) high-speed rail offers safe and efficient transportation

in certain densely traveled corridors linking major metropolitan

areas in the United States;

"(2) high-speed rail may have environmental advantages over

certain other forms of intercity transportation;

"(3) Amtrak's Metroliner service between Washington, District

of Columbia, and New York, New York, the United States premier

high-speed rail service, has shown that Americans will use

high-speed rail when that transportation option is available;

"(4) new high-speed rail service should not receive Federal

subsidies for operating and maintenance expenses;

"(5) State and local governments should take the prime

responsibility for the development and implementation of

high-speed rail service;

"(6) the private sector should participate in funding the

development of high-speed rail systems;

"(7) in some intercity corridors, Federal planning assistance

may be required to supplement the funding commitments of State

and local governments and the private sector to ensure the

adequate planning, including reasonable estimates of the costs

and benefits, of high-speed rail systems;

"(8) improvement of existing technologies can facilitate the

development of high-speed rail systems in the United States; and

"(9) Federal assistance is required for the improvement,

adaptation, and integration of proven technologies for commercial

application in high-speed rail service in the United States.

"(b) Purpose. - The purpose of this title [see Short Title of

1994 Amendment note set out under section 20101 of this title] is

to encourage farsighted State, local, and private efforts in the

analysis and planning for high-speed rail systems in appropriate

intercity corridors."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 26104 of this title.

-End-

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49 USC Sec. 26102 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART D - HIGH-SPEED RAIL

CHAPTER 261 - HIGH-SPEED RAIL ASSISTANCE

-HEAD-

Sec. 26102. High-speed rail technology improvements

-STATUTE-

(a) Authority. - The Secretary may undertake activities for the

improvement, adaptation, and integration of proven technologies for

commercial application in high-speed rail service in the United

States.

(b) Eligible Recipients. - In carrying out activities authorized

by subsection (a), the Secretary may provide financial assistance

to any United States private business, educational institution

located in the United States, State or local government or public

authority, or agency of the Federal Government.

(c) Consultation With Other Agencies. - In carrying out

activities authorized by subsection (a), the Secretary shall

consult with such other governmental agencies as may be necessary

concerning the availability of appropriate technologies for

commercial application in high-speed rail service in the United

States.

-SOURCE-

(Added Pub. L. 103-440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108

Stat. 4617.)

-MISC1-

PRIOR PROVISIONS

A prior section 26102 was renumbered section 28102 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 26104 of this title.

-End-

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49 USC Sec. 26103 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART D - HIGH-SPEED RAIL

CHAPTER 261 - HIGH-SPEED RAIL ASSISTANCE

-HEAD-

Sec. 26103. Safety regulations

-STATUTE-

The Secretary shall promulgate such safety regulations as may be

necessary for high-speed rail services.

-SOURCE-

(Added Pub. L. 103-440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108

Stat. 4618.)

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49 USC Sec. 26104 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART D - HIGH-SPEED RAIL

CHAPTER 261 - HIGH-SPEED RAIL ASSISTANCE

-HEAD-

Sec. 26104. Authorization of appropriations

-STATUTE-

(a) Fiscal Year 1995. - There are authorized to be appropriated

to the Secretary $29,000,000 for fiscal year 1995, for carrying out

sections 26101 and 26102 (including payment of administrative

expenses related thereto).

(b) Fiscal Year 1996. - (1) There are authorized to be

appropriated to the Secretary $40,000,000 for fiscal year 1996, for

carrying out section 26101 (including payment of administrative

expenses related thereto).

(2) There are authorized to be appropriated to the Secretary

$30,000,000 for fiscal year 1996, for carrying out section 26102

(including payment of administrative expenses related thereto).

(c) Fiscal Year 1997. - (1) There are authorized to be

appropriated to the Secretary $45,000,000 for fiscal year 1997, for

carrying out section 26101 (including payment of administrative

expenses related thereto).

(2) There are authorized to be appropriated to the Secretary

$40,000,000 for fiscal year 1997, for carrying out section 26102

(including payment of administrative expenses related thereto).

(d) Fiscal Year 1998. - (1) There are authorized to be

appropriated to the Secretary $10,000,000 for fiscal year 1998, for

carrying out section 26101 (including payment of administrative

expenses related thereto).

(2) There are authorized to be appropriated to the Secretary

$25,000,000 for fiscal year 1998, for carrying out section 26102

(including payment of administrative expenses related thereto).

(e) Fiscal Year 1999. - (1) There are authorized to be

appropriated to the Secretary $10,000,000 for fiscal year 1999, for

carrying out section 26101 (including payment of administrative

expenses related thereto).

(2) There are authorized to be appropriated to the Secretary

$25,000,000 for fiscal year 1999, for carrying out section 26102

(including payment of administrative expenses related thereto).

(f) Fiscal Year 2000. - (1) There are authorized to be

appropriated to the Secretary $10,000,000 for fiscal year 2000, for

carrying out section 26101 (including payment of administrative

expenses related thereto).

(2) There are authorized to be appropriated to the Secretary

$25,000,000 for fiscal year 2000, for carrying out section 26102

(including payment of administrative expenses related thereto).

(g) Fiscal Year 2001. - (1) There are authorized to be

appropriated to the Secretary $10,000,000 for fiscal year 2001, for

carrying out section 26101 (including payment of administrative

expenses related thereto).

(2) There are authorized to be appropriated to the Secretary

$25,000,000 for fiscal year 2001, for carrying out section 26102

(including payment of administrative expenses related thereto).

(h) Funds to Remain Available. - Funds made available under this

section shall remain available until expended.

-SOURCE-

(Added Pub. L. 103-440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108

Stat. 4618; amended Pub. L. 105-178, title VII, Sec. 7201(a), June

9, 1998, 112 Stat. 469.)

-MISC1-

AMENDMENTS

1998 - Subsecs. (d) to (h). Pub. L. 105-178 added subsecs. (d) to

(g) and redesignated former subsec. (d) as (h).

-End-

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49 USC Sec. 26105 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART D - HIGH-SPEED RAIL

CHAPTER 261 - HIGH-SPEED RAIL ASSISTANCE

-HEAD-

Sec. 26105. Definitions

-STATUTE-

For purposes of this chapter -

(1) the term "financial assistance" includes grants, contracts,

and cooperative agreements;

(2) the term "high-speed rail" means all forms of nonhighway

ground transportation that run on rails or electromagnetic

guideways providing transportation service which is -

(A) reasonably expected to reach sustained speeds of more

than 125 miles per hour; and

(B) made available to members of the general public as

passengers,

but does not include rapid transit operations within an urban

area that are not connected to the general rail system of

transportation;

(3) the term "publicly financed costs" means the costs funded

after April 29, 1993, by Federal, State, and local governments;

(4) the term "Secretary" means the Secretary of Transportation;

(5) the term "State" means any of the several States, the

District of Columbia, Puerto Rico, the Northern Mariana Islands,

the Virgin Islands, Guam, American Samoa, and any other territory

or possession of the United States; and

(6) the term "United States private business" means a business

entity organized under the laws of the United States, or of a

State, and conducting substantial business operations in the

United States.

-SOURCE-

(Added Pub. L. 103-440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108

Stat. 4618; amended Pub. L. 105-178, title VII, Sec. 7201(b), June

9, 1998, 112 Stat. 470.)

-MISC1-

AMENDMENTS

1998 - Par. (2). Pub. L. 105-178 amended par. (2) generally.

Prior to amendment, par. (2) read as follows: "the term 'high-speed

rail' has the meaning given such term under section 511(n) of the

Railroad Revitalization and Regulatory Reform Act of 1976;".

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49 USC PART E - MISCELLANEOUS 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART E - MISCELLANEOUS

-HEAD-

PART E - MISCELLANEOUS

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-440, title I, Sec. 103(a)(1), Nov. 2, 1994,

108 Stat. 4616, redesignated part D of this subtitle as part E.

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