CHAPTER 249 —NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
Editorial Notes
Amendments
2021—
2015—
2008—
1997—
1 So in original. Does not conform to section catchline.
§24901. Definitions
In this chapter—
(1) "final system plan" means the final system plan (including additions) adopted by the United States Railway Association under the Regional Rail Reorganization Act of 1973 (
(2) "rail carrier" means an express carrier and a rail carrier as defined in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24901(1) | (no source). | |
| 24901(2) | (no source). |
This section is derived from 45:802 for clarity. That section contains definitions for the Railroad Revitalization and Regulatory Reform Act of 1976 (
Editorial Notes
References in Text
The Regional Rail Reorganization Act of 1973, referred to in par. (1), is
§24902. Goals and requirements
(a)
(b)
(1) Safety-related items should be completed before other items because the safety of the passengers and users of the Northeast Corridor is paramount.
(2) Activities that benefit the greatest number of passengers should be completed before activities involving fewer passengers.
(3) Reliability of intercity rail passenger transportation must be emphasized.
(4) Trip-time requirements of this section must be achieved to the extent compatible with the priorities referred to in paragraphs (1)–(3) of this subsection.
(5) Improvements that will pay for the investment by achieving lower operating or maintenance costs should be carried out before other improvements.
(6) Construction operations should be scheduled so that the fewest possible passengers are inconvenienced, transportation is maintained, and the on-time performance of Northeast Corridor commuter rail passenger and rail freight transportation is optimized.
(7) Planning should focus on completing activities that will provide immediate benefits to users of the Northeast Corridor.
(c)
(d)
(e)
(f)
(g)
(2) Amtrak shall apply to the Surface Transportation Board for approval of the agreement and all related agreements accompanying the application as soon as the agreement is made. If the Board finds that approval is necessary to carry out this chapter, the Board shall approve the application and related agreements not later than 90 days after receiving the application.
(3) If an agreement is not made under paragraph (1) of this subsection, Amtrak, with the consent of the other parties, may apply to the Surface Transportation Board. Not later than 90 days after the application, the Board shall decide on the terms of an agreement if it decides that doing so is necessary to carry out this chapter. The decision of the Board is binding on the other parties.
(h)
(A) transportation programs related to the Northeast Corridor to ensure that the programs are integrated and consistent with the Northeast Corridor improvement program; and
(B) amounts from departments, agencies, and instrumentalities of the Government to achieve urban redevelopment and revitalization in the vicinity of urban rail stations in the Northeast Corridor served by intercity and commuter rail passenger transportation.
(2) If the Secretary finds significant noncompliance with this section, the Secretary may deny financing to a noncomplying program until the noncompliance is corrected.
(i)
(j)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24902(a) | 45:853(1)(A). | Feb. 5, 1976, |
| 45:853(1)(B) (1st sentence). | Feb. 5, 1976, |
|
| 45:853(2)(A). | Feb. 5, 1976, |
|
| 45:853(2)(B). | Feb. 5, 1976, |
|
| 45:853(3)(A). | Feb. 5, 1976, |
|
| 45:853(4) (1st sentence). | Feb. 5, 1976, |
|
| 45:853(6). | Feb. 5, 1976, |
|
| 45:855(b). | Feb. 5, 1976, |
|
| 24902(b) | 45:851(d)(1). | Feb. 5, 1976, |
| 24902(c)(1) | 45:853(1)(B) (last sentence). | |
| 45:855(b). | ||
| 24902(c)(2), (3) | 45:854(i). | Feb. 5, 1976, |
| 45:855(b). | ||
| 24902(d) | 45:853(4) (last sentence). | |
| 24902(e) | 45:853(7). | Feb. 5, 1976, |
| 24902(f) | 45:853(1)(C). | |
| 24902(g) | 45:431(k). | Oct. 16, 1970, |
| 24902(h) | 45:853(1)(E). | Feb. 5, 1976, |
| 45:855(b). | ||
| 24902(i) | 45:853(5). | Feb. 5, 1976, |
| 45:855(b). | ||
| 24902(j) | 45:853(3)(B). | Feb. 5, 1976, |
| 45:855(b). | ||
| 24902(k) | 45:854(c)(1). | Feb. 5, 1976, |
| 45:854(c)(2). | Feb. 5, 1976, |
|
| 24902(l) | 45:545(h) (last sentence). | Oct. 30, 1970, |
| 45:855(b). |
In this section, the word "program" is substituted for "project" for consistency in this chapter.
In subsection (a)(1)(A) and (B), the words "schedule" and "appropriate" are omitted as surplus.
In subsection (a)(2), the words "in order" and "rail" are omitted as surplus.
In subsection (a)(4)–(6), the words "the goals contained in" are omitted as surplus.
In subsection (a)(4), the text of 45:853(2)(B) is omitted as executed.
In subsection (a)(5), the words "to all users of rail freight service located" are omitted as surplus. The word "in" is substituted for "on" as being more appropriate. The words "all . . . which remain" are omitted as surplus.
In subsection (a)(6), the word "mobile" is added for consistency in this chapter. The word "on" is substituted for "aboard trains operated in" to eliminate unnecessary words. The word "passenger" after "rail" is added for consistency in this chapter. The word "Washington" is omitted as surplus.
In subsection (b), the words "each fiscal year" are substituted for "annual" for clarity. The text of 45:851(d)(1)(A) and (B) is omitted as obsolete.
In subsection (c)(1), the words "in his sole discretion" are omitted as surplus.
In subsection (c)(2)(B), the words "and in the amounts" are omitted as surplus.
In subsection (d), the words "department, agencies, and instrumentalities of the United States Government" are substituted for "relevant Federal agencies, including the Federal Communications Commission" for consistency in the revised title and with other titles of the United States Code. The words "shall assist Amtrak under subsection (a)(6) of this section" are substituted for "shall take such actions as are necessary to achieve this goal" for clarity. The words "including necessary licensing, construction, operation, and maintenance" are omitted as surplus.
In subsection (e), before clause (1), the words "of priority" are added for clarity. In clause (2), the words "Potential ridership should be considered" are omitted as surplus. In clause (5), the words "Reducing maintenance cost levels is desirable" are omitted as surplus. The words "before other improvements" are added for clarity.
In subsection (f), the words "accomplished in a manner which is", "the accomplishment in the . . . of additional", and "levels" are omitted as surplus.
In subsection (g), the words "after April 1, 1990" are omitted as executed. The words "betwen [sic] Washington, D.C., and Boston, Massachusetts" are omitted as surplus. The words "or between the main line and Atlantic City" are substituted for "on the feeder line referred to in
In subsection (h), the text of 45:853(1)(E) (1st–4th sentences) and the word "Thereafter" are omitted as executed. The words "carries out" are substituted for "achieves the service goals specified in" for consistency in this section.
In subsection (i), the words "rolling stock and related", "designed to be", "set forth", and "specified" are omitted as surplus. The text of 45:853(5) (last sentence words after "such equipment") is omitted as obsolete.
In subsection (j)(1), the words "Within 6 months after May 30, 1980, the Secretary shall develop plans" and the text of 45:853(3)(B)(v) are omitted as executed. The words "rail lines" are substituted for "lines" for clarity and consistency in this chapter. The words "Washington" and "on such terms and conditions as the parties may agree" are omitted as surplus.
In subsection (j)(2), the words "including the provision of service use of tracks and facilities as provided in such application" are omitted as surplus.
In subsection (j)(3), the words "other parties" are substituted for "involved rail freight carriers" to eliminate unnecessary words. The words "conditions and" are omitted as surplus.
In subsection (k)(1), before clause (A), the words "take all steps necessary to" are omitted as surplus. In clause (A), the words "all", "implementation of", and "under this subchapter" are omitted as surplus. Clause (B) is substituted for 45:854(c)(2) to eliminate surplus and obsolete words.
Editorial Notes
References in Text
Section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (e) and (f), is section 703(1)(E) of
Amendments
2012—Subsec. (g)(2), (3).
1997—
1996—Subsec. (m).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Northeast Corridor State-of-Good-Repair Plan
§24903. General authority
(a)
(1) acquire, maintain, and dispose of any interest in property used to provide improved high-speed rail transportation under
(2) acquire, by condemnation or otherwise, any interest in real property that Amtrak considers necessary to carry out the goals of section 24902;
(3) provide for rail freight, intercity rail passenger, and commuter rail passenger transportation over property acquired under this section;
(4) improve rail rights of way between Boston, Massachusetts, and the District of Columbia (including the route through Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main line) to achieve the goals of section 24902 of providing improved high-speed rail passenger transportation between Boston, Massachusetts, and the District of Columbia, and intermediate intercity markets;
(5) acquire, build, improve, and install passenger stations, communications and electric power facilities and equipment, public and private highway and pedestrian crossings, and other facilities and equipment necessary to provide improved high-speed rail passenger transportation over rights of way improved under clause (4) of this subsection;
(6) make agreements with other carriers and commuter authorities to grant, acquire, or make arrangements for rail freight or commuter rail passenger transportation over, rights of way and facilities acquired under the Regional Rail Reorganization Act of 1973 (
(7) appoint a general manager of the Northeast Corridor improvement program.
(b)
(c)
(2) If the parties do not agree, the Surface Transportation Board shall order that the transportation continue over facilities acquired under the Regional Rail Reorganization Act of 1973 (
(3) This subsection does not prevent the parties from making an agreement under subsection (a)(6) of this section after the Board makes a decision under this subsection.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24904(a) (words before (1)) | 45:851(a) (words before (1)). | Feb. 5, 1976, |
| 24904(a)(1) | 45:851(a)(1). | |
| 45:855(b). | Feb. 5, 1976, |
|
| 24904(a)(2) | 45:854(h). | Feb. 5, 1976, |
| 45:855(b). | ||
| 24904(a)(3) | 45:851(a)(3) (less proviso). | |
| 24904(a)(4) | 45:851(a)(4). | |
| 24904(a)(5) | 45:851(a)(5). | |
| 24904(a)(6) | 45:562(a)(2) (1st sentence). | Oct. 30, 1970, |
| 45:851(a)(6) (words before 8th comma). | ||
| 24904(a)(7) | 45:851(a)(7). | |
| 24904(a)(8) | 45:851(a)(8). | |
| 24904(b) | 45:851(a)(3) (proviso). | |
| 24904(c)(1) | 45:851(a)(6) (words after 8th comma). | |
| 24904(c)(2) | 45:562(a)(2) (2d–5th sentences). | |
| 24904(c)(3) | 45:562(a)(2) (last sentence). |
In subsection (a), before clause (1), the words "the purposes of" are omitted as surplus. The words "this part" are substituted for "this subchapter, the Rail Passenger Service Act [
In subsection (c)(1), the words "shall provide for" are substituted for "to be on such terms and conditions as are necessary to" to eliminate unnecessary words. The word "reasonable" is substituted for "on an equitable and fair basis" for consistency in the revised title.
In subsection (c)(2), the words "If the parties do not" are substituted for "In the event of a failure to" for clarity. The words "to be provided", "consistent with equitable and fair compensation principles", "proper amount of", "the provision of", and "the date of" are omitted as surplus.
In subsection (c)(3), the words "either before or" are omitted as surplus because the National Railroad Passenger Corporation may make agreements on arrangements for rail freight or commuter rail transportation under subsection (a)(6) of this section and this subsection applies only when there is no agreement.
Pub. L. 103–429
This amends 49:24904(a)(2) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (
Editorial Notes
References in Text
The Regional Rail Reorganization Act of 1973, referred to in subsecs. (a) and (c)(2), is
The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (a)(6) and (c)(2), is
Prior Provisions
A prior section 24903,
Amendments
2021—Subsec. (a)(6).
Subsec. (c)(2).
2015—
2012—Subsec. (c)(2).
Subsec. (c)(3).
2008—Subsec. (c)(2).
1997—Subsec. (a)(6) to (8).
1994—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2012 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
§24904. Northeast Corridor planning
(a)
(1)
(2)
(A) identify key state-of-good-repair, capacity expansion, and capital improvement projects planned for the Northeast Corridor;
(B) provide a coordinated and consensus-based plan covering a 15-year period;
(C) identify service objectives and the capital investments required to meet such objectives;
(D) provide a delivery-constrained strategy that identifies—
(i) capital investment phasing;
(ii) an evaluation of workforce needs; and
(iii) strategies for managing resources and mitigating construction impacts on operations; and
(E) include a financial strategy that identifies funding needs and potential funding sources.
(3)
(b)
(1)
(A) develop an annual capital investment plan for the Northeast Corridor; and
(B) submit the capital investment plan to—
(i) the Secretary of Transportation;
(ii) the Committee on Commerce, Science, and Transportation of the Senate; and
(iii) the Committee on Transportation and Infrastructure of the House of Representatives.
(2)
(A) reflect coordination across the entire Northeast Corridor;
(B) integrate the individual capital plans developed by Amtrak, States, and commuter authorities in accordance with the cost allocation policy developed and approved under section 24905(c);
(C) cover a period of 5 fiscal years, beginning with the fiscal year during which the plan is submitted;
(D) notwithstanding section 24902(b), document the projects and programs being undertaken to advance the service objectives and capital investments identified in the Northeast Corridor service development plan developed under subsection (a), and the asset condition needs identified in the Northeast Corridor asset management plans, after considering—
(i) the benefits and costs of capital investments in the plan;
(ii) project and program readiness;
(iii) the operational impacts; and
(iv) Federal and non-Federal funding availability;
(E) categorize capital projects and programs as primarily associated with 1 of the categories listed under section 24319(c)(2)(C);
(F) identify capital projects and programs that are associated with more than 1 category described in subparagraph (E); and
(G) include a financial plan that identifies—
(i) funding sources and financing methods;
(ii) the status of cost sharing agreements pursuant to the cost allocation policy developed under section 24905(c);
(iii) the projects and programs that the Commission expects will receive Federal financial assistance; and
(iv) the eligible entity or entities that the Commission expects—
(I) to receive the Federal financial assistance referred to in clause (iii); and
(II) to implement each capital project.
(3)
(c)
(d)
(1)
(2)
(A) are consistent with the transit asset management system (as defined in section 5326(a)(3)); and
(B) include—
(i) an inventory of all capital assets owned by the developer of the plan;
(ii) an assessment of condition of such capital assets;
(iii) a description of the resources and processes that will be necessary to bring or to maintain such capital assets in a state of good repair; and
(iv) a description of changes in the condition of such capital assets since the submission of the prior version of the plan.
(e)
(Added
Editorial Notes
Prior Provisions
A prior section 24904 was renumbered
Amendments
2021—Subsec. (a).
Subsec. (b).
Subsec. (c).
"(1) capital projects described in clause (i) or (iii) of subsection (a)(2)(E) of this section; or
"(2) capital projects described in subsection (a)(2)(E)(iv) or (v) of this section that are for the sole benefit of Amtrak."
Former subsec. (c) redesignated (d).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of
§24905. Northeast Corridor Commission; Safety Committee
(a)
(1) Within 180 days after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008, the Secretary of Transportation shall establish a Northeast Corridor Commission (referred to in this section as the "Commission") to promote mutual cooperation and planning pertaining to the rail operations, infrastructure investments, and related activities of the Northeast Corridor. The Commission shall be made up of—
(A) members representing Amtrak;
(B) members representing the Department of Transportation, including the Office of the Secretary, the Federal Railroad Administration, and the Federal Transit Administration;
(C) 1 member from each of the States (including the District of Columbia) that constitute the Northeast Corridor as defined in section 24102, designated by, and serving at the pleasure of, the chief executive officer thereof; and
(D) non-voting representatives of freight and commuter railroad carriers authorities using the Northeast Corridor selected by the Secretary.
(2) The Secretary shall ensure that the membership belonging to any of the groups enumerated under paragraph (1) shall not constitute a majority of the Commission's memberships.
(3) The Commission shall establish a schedule and location for convening meetings, but shall meet no less than four times per fiscal year, and the Commission shall develop rules and procedures to govern the Commission's proceedings.
(4) A vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(5) Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with
(6) The members of the Commission shall elect co-chairs consisting of 1 member described in paragraph (1)(B) and 1 member described in paragraph (1)(C).
(7) The Commission may appoint and fix the pay of such personnel as it considers appropriate.
(8) Upon request of the Commission, the head of any department or agency of the United States may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this section.
(9) Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this section.
(10) The Commission shall consult with other entities as appropriate.
(b)
(1)
(2)
(A) short-term and long-term capital investment needs;
(B) future funding requirements for capital improvements and maintenance;
(C) operational improvements of intercity passenger rail, commuter rail, and freight rail services;
(D) opportunities for additional non-rail uses of the Northeast Corridor;
(E) scheduling and dispatching;
(F) safety and security enhancements;
(G) equipment design;
(H) marketing of rail services;
(I) future capacity requirements; and
(J) potential funding and financing mechanisms for projects of corridor-wide significance.
(3)
(A) any updates made to the statement of goals developed under paragraph (1) not later than 60 days after such updates are made; and
(B) annual performance reports and recommendations for improvements, as appropriate, issued not later than March 31 of each year, for the prior fiscal year, which summarize—
(i) the operations and performance of commuter, intercity, and freight rail transportation, including ridership trends, along the Northeast Corridor;
(ii) the delivery of the first year of the capital investment plan described in section 24904; and
(iii) progress in assessing and eliminating the state-of-good-repair backlog.
(c)
(1)
(A) develop and maintain the standardized policy first approved on September 17, 2015, and update, as appropriate, for determining and allocating costs, revenues, and compensation for Northeast Corridor commuter rail passenger transportation, as defined in
(i) there is no cross-subsidization of commuter rail passenger, intercity rail passenger, or freight rail transportation;
(ii) each service is assigned the costs incurred only for the benefit of that service, and a proportionate share, based upon factors that reasonably reflect relative use, of costs incurred for the common benefit of more than 1 service; and
(iii) all financial contributions made by an operator of a service that benefit an infrastructure owner other than the operator are considered, including but not limited to, any capital infrastructure investments and in-kind services;
(B) develop timetables for implementing and maintaining the policy;
(C) submit updates to the policy and timetables developed under subparagraph (B) to the Surface Transportation Board, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives;
(D) support the efforts of the members of the Commission to implement the policy in accordance with the timetables developed pursuant to subparagraph (B); 1
(E) with the consent of a majority of its members, petition the Surface Transportation Board to appoint a mediator to assist the Commission members through nonbinding mediation to reach an agreement under this section.
(2)
(A)
(B)
(i) determine the appropriate compensation in accordance with the procedures and procedural schedule applicable to a proceeding under section 24903(c), after taking into consideration the policy developed under paragraph (1); and
(ii) enforce its determination on the party or parties involved.
(3)
(4)
(d)
(e)
(1)
(A) the Department of Transportation, including the Federal Railroad Administration;
(B) Amtrak;
(C) freight carriers operating more than 150,000 train miles a year on the main line of the Northeast Corridor;
(D) commuter rail agencies;
(E) rail passengers;
(F) rail labor; and
(G) other individuals and organizations the Secretary decides have a significant interest in rail safety or security.
(2)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24905(a)(1) | 45:585(c). | Oct. 30, 1970, |
| 24905(a)(2) | 45:585(a). | Oct. 30, 1970, |
| 24905(a)(3) | 45:585(b). | |
| 24905(b) | 45:431 (note). | June 22, 1988, |
In subsection (a)(2), before clause (A), the words "develop and" are omitted as surplus. In clause (B)(v), the word "rates" is substituted for "fares, tariffs" for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(3), the words "of opinions" and "(among or between the Corporation, Amtrak Commuter, other railroads, commuter authorities, and other State, local, and regional agencies responsible for the provision of commuter rail, rapid rail, or rail freight service), with respect to all matters" are omitted as surplus. The words "for facilities and transportation matters under" are substituted for "those conferred on the Commission in" for clarity.
In subsection (b)(1), the words "Within 30 days after the date of enactment of this Act . . . shall establish" are omitted as executed.
In subsection (b)(3), the words "each Congress" are substituted for "the 103rd Congress, and biennially thereafter" to eliminate unnecessary words. The words "pursuant to the provisions of this section" are omitted as unnecessary.
Editorial Notes
References in Text
The date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (a)(1), is the date of enactment of div. B of
Section 203 of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (c)(3), is set out as a note under
Section 22101(e) of the Passenger Rail Expansion and Rail Safety Act of 2021, referred to in subsec. (d), is section 22101(e) of title II of div. B of
Amendments
2021—Subsec. (a)(1)(D).
Subsec. (b)(3)(B)(i).
Subsec. (b)(3)(B)(ii).
Subsec. (b)(3)(B)(iii).
Subsec. (c)(1).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B).
Subsec. (c)(1)(C).
Subsec. (c)(1)(D).
Subsec. (c)(2).
Subsec. (c)(4).
Subsec. (d).
2019—Subsec. (e)(2).
Subsec. (e)(3).
2015—
Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(1)(B).
Subsec. (a)(1)(D).
Subsec. (a)(6).
Subsec. (b)(1).
Subsec. (b)(2)(A).
Subsec. (b)(3).
Subsec. (c).
Subsec. (c)(1).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B) to (E).
"(B) develop a proposed timetable for implementing the formula before the end of the 6th year following the date of enactment of that Act;
"(C) transmit the proposed timetable to the Surface Transportation Board; and
"(D) at the request of a Commission member, petition the Surface Transportation Board to appoint a mediator to assist the Commission members through non-binding mediation to reach an agreement under this section."
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4).
Subsec. (d).
Subsec. (e).
Subsec. (e)(2).
Subsec. (f).
2008—
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
1 So in original. Probably should be followed by "and".
§24906. Eliminating highway at-grade crossings
(a)
(1) impracticable or unnecessary; and
(2) using the crossing is consistent with conditions the Secretary considers appropriate to ensure safety.
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24906(a) | 45:650(a), (b). | Oct. 30, 1970, |
| 24906(b) | 45:650(c). |
§24907. Note and mortgage
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24907(a) | 45:854(e). | Feb. 5, 1976, |
| 24907(b) | 45:854(f). | |
| 24907(c) | 45:854(g). |
In subsection (a), the words "In order . . . protect and", "securing such expenditure", "infringe upon or", and "the authority conferred upon the National Railroad Passenger Corporation by" are omitted as surplus.
In subsections (b) and (c), the words "note" and "agreement" are substituted for "agreement, security, or obligation" for consistency because the Secretary of Transportation gets only notes and mortgage agreements under the source provisions restated in subsection (a) of this section.
In subsection (b), the words "obtained by the Secretary" and "the provisions of subtitle IV of title 49, the Securities Act of 1933 (
In subsection (c), the words "to any party for any damages, or in any other matter" are omitted as surplus. The word "because" is substituted for 'by reason of the fact that" to eliminate unnecessary words. The words "related to the note or agreement" are substituted for "in connection with" for clarity. The words "all" and "(including fees of accountants, experts, and attorneys)" are omitted as surplus. The words "a civil action" are substituted for "any litigation" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "legal" and "given, issued, or entered into" are omitted as surplus.
Editorial Notes
References in Text
The Regional Rail Reorganization Act of 1973, referred to in subsecs. (a) and (b), is
Amendments
2015—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Abolition of Special Court, Regional Rail Reorganization Act of 1973, and Transfer of Functions
Special court abolished and all jurisdiction and functions transferred to United States District Court for District of Columbia, see
§24908. Transfer taxes and levies and recording charges
A transfer of an interest in rail property under this chapter is exempt from a tax or levy related to the transfer that is imposed by the United States Government, a State, or a political subdivision of a State. On payment of the appropriate and generally applicable charge for the service performed, a transferee or transferor may record an instrument and, consistent with the final system plan, the release or removal of a pre-existing lien or encumbrance of record related to the interest transferred.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24908 | 45:743(e) (words "title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 [ |
Jan. 2, 1974, |
The words "or conveyances", "(whether real, personal, or mixed)", "which are made at any time", "the purposes of", "imposts", "or on the recording of deeds, bills of sale, liens, encumbrances, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee", "now or hereafter", "to compensate . . . the cost of", "such deeds, bills of sale, liens, encumbrances, or other", and "the designations and applicable principles in" are omitted as surplus.
§24909. Authorization of appropriations
(a)
(A) at least $27,000,000 for equipment modification and replacement that a State or a local or regional transportation authority must bear because of the electrification conversion system of the Northeast Corridor under this chapter.
(B) $30,000,000—
(i) to improve the main line track between the Northeast Corridor main line and Atlantic City, New Jersey, to ensure that the track, consistent with a plan New Jersey developed in consultation with Amtrak to provide rail passenger transportation between the Northeast Corridor main line and Atlantic City, New Jersey, would be of sufficient quality to allow safe rail passenger transportation at a minimum of 79 miles an hour not later than September 30, 1985; and
(ii) to promote rail passenger use of the track.
(C) necessary amounts to—
(i) develop Union Station in the District of Columbia;
(ii) install 189 track-miles, and renew 133 track-miles, of concrete ties with continuously welded rail between the District of Columbia and New York, New York;
(iii) install reverse signaling between Philadelphia, Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 3 track;
(iv) restore ditch drainage in concrete tie locations between the District of Columbia and New York, New York;
(v) undercut 83 track-miles between the District of Columbia and New York, New York;
(vi) rehabilitate bridges between the District of Columbia and New York, New York (including Hi line);
(vii) develop a maintenance of way equipment repair facility between the District of Columbia and New York, New York, and build maintenance of way bases at Philadelphia, Pennsylvania, Sunnyside, New York, and Cedar Hill, Connecticut;
(viii) stabilize the roadbed between the District of Columbia and New York, New York;
(ix) automate the Bush River Drawbridge at milepost 72.14;
(x) improve the New York Service Facility to develop rolling stock repair capability;
(xi) install a rail car washer facility at Philadelphia, Pennsylvania;
(xii) restore storage tracks and buildings at the Washington Service Facility;
(xiii) install centralized traffic control from Landlith, Delaware, to Philadelphia, Pennsylvania;
(xiv) improve track, including high speed surfacing, ballast cleaning, and associated equipment repair and material distribution;
(xv) rehabilitate interlockings between the District of Columbia and New York, New York;
(xvi) paint the Connecticut River, Groton, and Pelham Bay bridges;
(xvii) provide additional catenary renewal and power supply upgrading between the District of Columbia and New York, New York;
(xviii) rehabilitate structural, electrical, and mechanical systems at the William H. Gray III 30th Street Station in Philadelphia, Pennsylvania;
(xix) install evacuation and fire protection facilities in tunnels in New York, New York;
(xx) improve the communication and signal systems between Wilmington, Delaware, and Boston, Massachusetts, on the Northeast Corridor main line, and between Philadelphia, Pennsylvania, and Harrisburg, Pennsylvania, on the Harrisburg Line;
(xxi) improve the electric traction systems between Wilmington, Delaware, and Newark, New Jersey;
(xxii) install baggage rack restraints, seat back guards, and seat lock devices on 348 passenger cars operating in the Northeast Corridor;
(xxiii) install 44 event recorders and 10 electronic warning devices on locomotives operating within the Northeast Corridor; and
(xxiv) acquire cab signal test boxes and install 9 wayside loop code transmitters for use within the Northeast Corridor.
(2) The following additional amounts may be appropriated to the Secretary for expenditure by Amtrak:
(A) not more than $150,000,000 to achieve the goal of section 24902(a)(3) 1 of this title.
(B) not more than $120,000,000 to acquire interests in property in the Northeast Corridor.
(C) not more than $650,000 to develop and use mobile radio frequencies for passenger radio mobile telephone service on high-speed rail passenger transportation.
(D) not more than $20,000,000 to acquire and improve interests in rail property designated under section 206(c)(1)(D) of the Regional Rail Reorganization Act of 1973 (
(E) not more than $37,000,000 to carry out section 24902(a)(7) and (j) 1 of this title.
(b)
(c)
(d)
(e)
(2)
(f)
(g)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 24909(a)(1) | 45:854(a) (1st sentence). | Feb. 5, 1976, |
| 45:854(a) (2d sentence cl. (1) (less availability)). | Feb. 5, 1976, |
|
| 45:855(b). | Feb. 5, 1976, |
|
| 24909(a) (2)(A) | 45:854(a) (2d sentence cl. (2) (less availability)). | |
| 45:855(b). | ||
| 24909(a) (2)(B)–(E) | 45:854(a) (2d sentence cls. (3)(A)–(D) (1st sentence), (4)) (as 2d sentence cls. (3)(A)–(D) (1st sentence), (4) relate to other than availability). | |
| 45:855(b). | ||
| 24909(b) | 45:854(d). | Feb. 5, 1976, |
| 45:855(b). | ||
| 24909(c) | 45:854(a) (2d sentence cl. (3)(D) (last sentence)). | |
| 24909(d) | 45:854(b)(1) (related to 854). | Feb. 5, 1976, |
| 24909(e) | 45:854(b)(2). | Feb. 5, 1976, |
| 45:855(b). | ||
| 24909(f) | 45:854(a) (2d sentence cls. (1)–(3)(D) (1st sentence), (4)) (as 2d sentence cls. (1)–(3)(D) (1st sentence), (4) relate to availability). | |
| 24909(g) | 45:854(a) (3d sentence). | Feb. 5, 1976, |
| 45:854(a) (4th–last sentences). | Feb. 5, 1976, |
In subsections (a) and (f), the text of 45:854(a) (2d sentence cl. (3)(A)) is omitted as executed.
In subsection (a)(1), before clause (A), the text of 45:854(a) (1st sentence) is omitted as surplus because of section 24902(a) of the revised title. In clause (B)(i), the words "if the National Railroad Passenger Corporation receives notification on or before June 1, 1983, from . . . that such State has approved" and "and if such Corporation determines that such plan is feasible" are omitted as executed. The words "rehabilitation and other . . . (including upgrading track and the signal system, ensuring safety at public and private highway and pedestrian crossings by improving signals or eliminating such crossings, and the improvement of operational portions of stations related to intercity rail passenger service)" are omitted as surplus. In clause (C), before subclause (i), the words "with respect to the main line of the Northeast Corridor" are omitted as surplus. In subclauses (i), (ii), (iv)–(viii), (xv), and (xvii), the word "Washington" is omitted as surplus. In subclause (xx), the words "at locations" are omitted as surplus.
In subsection (a)(2)(C), the words "passenger radio mobile telephone service on high-speed rail passenger transportation" are substituted for "high-speed rail passenger rail telephone service" for consistency in this chapter.
In subsection (a)(2)(D), the word "rail" is added for consistency in the revised title.
In subsection (b), the words "After the conveyance of rail properties, pursuant to section 303(b) of the Regional Rail Reorganization Act of 1973 (
In subsection (c), the words "that portion of . . . issued by the National Railroad Passenger Corporation and" are omitted as surplus.
In subsection (e)(1), the words "to be appropriated", "undertaken or viewed as", "entitled", and "prepared for the United States Department of Transportation, Federal Railroad Administration, Northeast Corridor Improvement Project, in cooperation with the Federal Railroad Administration and the National Railroad Passenger Corporation (Amtrak), by Deleuw, Cather/Parsons, NECIP architect/engineer" are omitted as surplus. The words "for which amounts are authorized under" are substituted for "described in" for clarity. The words "for expenditure" are omitted as surplus.
In subsection (g), the text of 45:854(a) (3d, 5th, and last sentences) is omitted as executed. The words "An amount greater than that authorized for a fiscal year" are substituted for "Funds . . . in excess of limitations imposed under the preceding sentence with respect to a fiscal year, or for fiscal years after the fiscal year ending September 30, 1983" to eliminate unnecessary and obsolete words. The words "under this section" are omitted as surplus. The words "amount authorized" are substituted for "limitation under such sentence" for consistency.
Editorial Notes
References in Text
Act of February 28, 1975 (
Section 602 of the Rail Passenger Service Act, referred to in subsec. (c), was classified to
Statutory Notes and Related Subsidiaries
Change of Name
"William H. Gray III 30th Street Station" substituted for "30th Street Station" in subsec. (a)(1)(C)(xviii) pursuant to section 2 of
"SECTION 1. REDESIGNATION.
"The railroad station located at 2955 Market Street in Philadelphia, Pennsylvania, commonly known as '30th Street Station', shall be known and designated as the 'William H. Gray III 30th Street Station'.
"SEC. 2. REFERENCES.
"Any reference in a law, map, regulation, document, paper, or other record of the United States to the railroad station referred to in section 1 shall be deemed to be a reference to the 'William H. Gray III 30th Street Station'."
1 See References in Text note below.
§24910. Rail cooperative research program
(a)
(1) address, among other matters, intercity rail passenger and freight rail services, including existing rail passenger and freight technologies and speeds, incrementally enhanced rail systems and infrastructure, and new high-speed wheel-on-rail systems;
(2) address ways to expand the transportation of international trade traffic by rail, enhance the efficiency of intermodal interchange at ports and other intermodal terminals, and increase capacity and availability of rail service for seasonal freight needs;
(3) consider research on the interconnectedness of commuter rail, passenger rail, freight rail, and other rail networks; and
(4) give consideration to regional concerns regarding rail passenger and freight transportation, including meeting research needs common to designated high-speed corridors, long-distance rail services, and regional intercity rail corridors, projects, and entities.
(b)
(1) to identify the unique aspects and attributes of rail passenger and freight service;
(2) to develop more accurate models for evaluating the impact of rail passenger and freight service, including the effects on highway and airport and airway congestion, environmental quality, and energy consumption;
(3) to develop a better understanding of modal choice as it affects rail passenger and freight transportation, including development of better models to predict utilization;
(4) to recommend priorities for technology demonstration and development;
(5) to meet additional priorities as determined by the advisory board established under subsection (c), including any recommendations made by the National Research Council;
(6) to explore improvements in management, financing, and institutional structures;
(7) to address rail capacity constraints that affect passenger and freight rail service through a wide variety of options, ranging from operating improvements to dedicated new infrastructure, taking into account the impact of such options on operations;
(8) to improve maintenance, operations, customer service, or other aspects of intercity rail passenger and freight service;
(9) to recommend objective methodologies for determining intercity passenger rail routes and services, including the establishment of new routes, the elimination of existing routes, and the contraction or expansion of services or frequencies over such routes;
(10) to review the impact of equipment and operational safety standards on the further development of high-speed passenger rail operations connected to or integrated with non-high-speed freight or passenger rail operations;
(11) to recommend any legislative or regulatory changes necessary to foster further development and implementation of high-speed passenger rail operations while ensuring the safety of such operations that are connected to or integrated with non-high-speed freight or passenger rail operations;
(12) to review rail crossing safety improvements, including improvements using new safety technology;
(13) to review and develop technology designed to reduce train horn noise and its effect on communities, including broadband horn technology; and
(14) to improve overall safety of intercity passenger and freight rail operations.
(c)
(1)
(2)
(A) representatives of State transportation agencies;
(B) transportation and environmental economists, scientists, and engineers; and
(C) representatives of Amtrak, the Alaska Railroad, freight railroads, transit operating agencies, intercity rail passenger agencies, railway labor organizations, and environmental organizations.
(3)
(d)
(e)
(Added
Editorial Notes
Amendments
2019—Subsec. (c)(3).
2015—Subsec. (b)(14).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
§24911. Federal-State partnership for intercity passenger rail
(a)
(1)
(A) a State (including the District of Columbia);
(B) a group of States;
(C) an Interstate Compact;
(D) a public agency or publicly chartered authority established by 1 or more States;
(E) a political subdivision of a State;
(F) Amtrak, acting on its own behalf or under a cooperative agreement with 1 or more States;
(G) a federally recognized Indian Tribe; or
(H) any combination of the entities described in subparagraphs (A) through (G).
(2)
(3)
(A) the main rail line between Boston, Massachusetts and the District of Columbia;
(B) the branch rail lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and
(C) facilities and services used to operate and maintain lines described in subparagraphs (A) and (B).
(b)
(c)
(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)
(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)
(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); 2
(4) is consistent with the most recent Northeast Corridor service development plan update described in section 24904(d);3
(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.
(f)
(1)
(2)
(3)
(g)
(1)
(A) announces an intention to obligate, for a major capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project; and
(B) states that the contingent commitment—
(i) is not an obligation of the Federal Government; and
(ii) 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.
(2)
(A)
(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)
(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 (
(C)
(i)
(ii)
(iii)
(iv)
(v)
(3)
(A)
(i) the Committee on Commerce, Science, and Transportation of the Senate;
(ii) the Committee on Appropriations of the Senate;
(iii) the Committee on Transportation and Infrastructure of the House of Representatives; and
(iv) the Committee on Appropriations of the House of Representatives.
(B)
(i) a copy of the phased funding agreement or the proposed letter;
(ii) the criteria used under subsection (d) for selecting the project for a grant award; and
(iii) a description of how the project meets such criteria.
(4)
(A)
(B)
(h)
(i)
(j)
(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)
(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.
(Added
Editorial Notes
References in Text
The date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021, referred to in subsec. (e), is the date of enactment of title II of div. B of
The National Environmental Policy Act of 1969, referred to in subsec. (g)(2)(B)(v), (C)(iv), is
Amendments
2021—
Subsec. (a)(1)(G).
Subsec. (a)(1)(H).
Subsec. (a)(2) to (4).
"(A) a project primarily intended to replace, rehabilitate, or repair major infrastructure assets utilized for providing intercity rail passenger service, including tunnels, bridges, stations, and other assets, as determined by the Secretary; or
"(B) a project primarily intended to improve intercity passenger rail performance, including reduced trip times, increased train frequencies, higher operating speeds, and other improvements, as determined by the Secretary."
Subsec. (a)(5).
"(A) is owned or controlled by an eligible applicant;
"(B) is contained in the planning document developed under section 24904 and for which a cost-allocation policy has been developed under section 24905(c), or is contained in an equivalent planning document and for which a similar cost-allocation policy has been developed; and
"(C) was not in a state of good repair on the date of enactment of the Passenger Rail Reform and Investment Act of 2015."
Subsec. (b).
Subsecs. (c) to (e).
Subsec. (f)(2).
Subsec. (g).
Subsec. (g)(1).
Subsec. (g)(2), (3).
Subsec. (g)(3)(A).
Subsec. (g)(3)(B)(i).
Subsec. (g)(4).
Subsec. (i).
Subsecs. (j), (k).
2019—Subsec. (i).
2018—Subsec. (e)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of
1 So in original. The semicolon preceding the period probably should not appear.
2 So in original. Probably should be "section 24904(b);".
3 So in original. Probably should be "section 24904(a)(3);".