[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1465 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1465
To establish a competitive grant program for highway-rail grade
crossing improvement projects.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2021
Ms. Cantwell (for herself and Mr. Blunt) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To establish a competitive grant program for highway-rail grade
crossing improvement projects.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Crossing Elimination Act''.
SEC. 2. RAILROAD CROSSING ELIMINATION PROGRAM.
(a) In General.--Chapter 229 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 22909. Railroad Crossing Elimination Program
``(a) In General.--The Secretary of the Transportation, in
cooperation with the Administrator of the Federal Railroad
Administration, shall establish a competitive grant program (referred
to in this section as the `Program') under which the Secretary shall
award grants to eligible recipients described in subsection (c) for
highway-rail grade crossing improvement projects that focus on
improving the safety and mobility of people and goods.
``(b) Goals.--The goals of the Program are--
``(1) to eliminate highway-rail grade crossings that are
frequently blocked by trains;
``(2) to improve the health and safety of communities;
``(3) to reduce the impacts that freight movement and
railroad operations may have on underserved communities; and
``(4) to improve the mobility of people and goods.
``(c) Eligible Recipients.--The following entities are eligible to
receive a grant under this section:
``(1) A State, including the District of Columbia, Puerto
Rico, and other United States territories and possessions.
``(2) A political subdivision of a State.
``(3) A federally recognized Indian Tribe.
``(4) A unit of local government or a group of local
governments.
``(5) A public port authority, including inland ports.
``(6) A metropolitan planning organization.
``(7) A group of entities described in any of paragraphs
(1) through (6).
``(d) Eligible Projects.--The Secretary may award a grant under the
Program for a highway-rail or pathway-rail grade crossing improvement
project (including acquiring real property interests) involving--
``(1) grade separation or closure, including through the
use of a bridge or a tunnel;
``(2) track relocation;
``(3) the improvement or installation of protective
devices, signals, signs, or other measures to improve safety if
it is related to a separation or relocation project described
in paragraph (1) or (2);
``(4) other means intended to improve the mobility of
people and goods at highway-rail grade crossings (including
technological solutions);
``(5) a group of related projects described in paragraphs
(1) through (4) that would collectively improve freight
mobility; or
``(6) the planning and design of an eligible project
described in paragraphs (1) through (5).
``(e) Application Process.--
``(1) In general.--An eligible entity desiring a grant
under the Program shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require.
``(2) Railroad approvals.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall require
applicants to obtain the necessary approvals from any
impacted rail carriers or right-of-way owners before
proceeding with the construction of a project funded by
a grant under the Program.
``(B) Exception.--The requirement under
subparagraph (A) shall not apply to planning projects
described in subsection (d)(6) if the applicant agrees
to work collaboratively with rail carriers and right-
of-way owners.
``(f) Project Selection Criteria.--
``(1) In general.--In awarding grants under the Program,
the Secretary shall evaluate the extent to which proposed
projects would--
``(A) improve safety at highway-rail or pathway-
rail grade crossings;
``(B) improve the mobility of people and goods;
``(C) reduce emissions, protect the environment,
and provide community benefits, including noise
reduction;
``(D) improve access to emergency services;
``(E) provide economic benefits; and
``(F) improve access to communities separated by
rail crossings.
``(2) Additional considerations.--In awarding grants under
the Program, the Secretary shall consider--
``(A) the degree to which the proposed project
will--
``(i) use innovative technologies;
``(ii) use innovative design and
construction techniques; or
``(iii) use construction materials that
reduce greenhouse gas emissions;
``(B) the applicant's planned use of contracting
incentives to employ local labor, to the extent
permissible under Federal statutes and regulations;
``(C) whether the proposed project improves the
mobility of--
``(i) multiple modes of transportation,
including ingress and egress from freight
facilities; or
``(ii) users of nonvehicular modes of
transportation, such as pedestrians,
bicyclists, and public transportation;
``(D) whether the proposed project is identified
in--
``(i) the freight investment plan component
of a State freight plan, as required under
section 70202(b)(9) of title 49, United States
Code;
``(ii) a State rail plan prepared under
chapter 227; or
``(iii) a State highway-rail grade crossing
action plan, as required under section 11401(b)
of the FAST Act (49 U.S.C. 22501 note); and
``(E) the level of financial support provided by
impacted rail carriers.
``(3) Award distribution.--In selecting grants for Program
funds in any fiscal year, the Secretary shall comply with the
following limitations:
``(A) Grant funds.--Not less than 20 percent of the
grant funds available for the Program in any fiscal
year shall be reserved for projects located in rural
areas or on tribal lands. The requirement under section
22907(l) of title 49, United States Code, shall not
apply to grant funds reserved under this subparagraph.
``(B) Planning grants.--Not less than 25 percent of
the grant funds set aside for planning projects in any
fiscal year pursuant to subsection (k)(2) shall be
awarded for projects located in rural areas or on
tribal lands.
``(C) State limitation.--Not more than 20 percent
of the grant funds available for the Program in any
fiscal year may be selected for projects in any single
State.
``(D) Minimum size.--No grant awarded under this
section shall be for less than $1,000,000.
``(g) Cost Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project carried out using a
grant under the Program may not exceed 80 percent of the total
cost of the project. Applicants may count costs incurred for
preliminary engineering associated with highway-rail and
pathway-rail grade crossing improvement projects as part of the
total project costs.
``(2) Planning projects.--The Federal share of the cost of
a planning project described in subsection (d)(6) may be 100
percent of the total cost of the project.
``(h) Congressional Notification.--Not later than 3 days before
awarding a grant for a project under the Program, the Secretary shall
submit written notification of the proposed grant to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives,
which notification shall include--
``(1) a summary of the project; and
``(2) the amount of the proposed grant award.
``(i) Defined Term.--In this section, the term `rural area' means
any area that is not in an urbanized area, as defined by the Bureau of
the Census.
``(j) Annual Report.--Not later than 60 days after each round of
award notifications, the Secretary shall post, on the public website of
the Department of Transportation, a list of--
``(1) all eligible applicants that submitted an application
for funding under the Program during such fiscal year;
``(2) the grant recipients and projects that received grant
funding under the Program during such fiscal year; and
``(3) a list of proposed projects and applicants that were
determined to be ineligible.
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
$500,000,000 in each of the fiscal years 2022 through 2026 to
carry out the Program.
``(2) Planning projects set aside.--Not less than 3 percent
of the amount appropriated for the Program in each fiscal year
shall be used for planning projects described in subsection
(d)(6).
``(3) Administrative costs.--Not more than 2 percent of the
amount appropriated for the Program in each fiscal year may be
used for administrative costs.''.
(b) Clerical Amendment.--The table of sections in chapter 229 of
title 49, United States Code, is amended by adding at the end the
following:
``22909. Railroad Crossing Elimination Program.''.
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