### §26101. High-speed rail corridor planning

(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, or if it is an activity described in subparagraph (M). 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;

(L) creation of public/private partnerships; and

(M) the acquisition of locomotives, rolling stock, track, and signal equipment.

(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.

(Added Pub. L. 103–440, title I, §103(a)(2), Nov. 2, 1994, 108 Stat. 4616; amended Pub. L. 109–59, title IX, §9001(a)(1), Aug. 10, 2005, 119 Stat. 1918; Pub. L. 110–432, div. B, title V, §501(a), Oct. 16, 2008, 122 Stat. 4959.)

#### **Editorial Notes**

#### References in Text

The Clean Air Act, referred to in subsec. (c)(6), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§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.

#### Prior Provisions

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

#### Amendments

2008—Pub. L. 110–432, §501(a)(1), substituted "High-speed rail corridor planning" for "Corridor development" in section catchline.

Subsec. (a). Pub. L. 110–432, §501(a)(2), substituted "Corridor Planning" for "Corridor Development" in heading.

Subsecs. (a)(1), (b). Pub. L. 110–432, §501(a)(3), substituted "corridor planning" for "corridor development" wherever appearing.

Subsec. (c)(2). Pub. L. 110–432, §501(a)(4), substituted "planning" for "development".

2005—Pub. L. 109–59, §9001(a)(1)(A), substituted "development" for "planning" in section catchline.

Subsec. (a). Pub. L. 109–59, §9001(a)(1)(B), substituted "Development" for "Planning" in subsec. heading.

Subsec. (a)(1). Pub. L. 109–59, §9001(a)(1)(C), substituted "corridor development" for "corridor planning".

Subsec. (b)(1). Pub. L. 109–59, §9001(a)(1)(D)(i), inserted ", or if it is an activity described in subparagraph (M)" after "high-speed rail improvements" in introductory provisions.

Pub. L. 109–59, §9001(a)(1)(C), substituted "corridor development" for "corridor planning" in two places in introductory provisions.

Subsec. (b)(1)(F). Pub. L. 109–59, §9001(a)(1)(C), substituted "corridor development" for "corridor planning".

Subsec. (b)(1)(M). Pub. L. 109–59, §9001(a)(1)(D)(ii)–(iv), added subpar. (M).

Subsec. (b)(2). Pub. L. 109–59, §9001(a)(1)(C), substituted "corridor development" for "corridor planning".

Subsec. (c)(2). Pub. L. 109–59, §9001(a)(1)(E), substituted "development" for "planning".

#### **Statutory Notes and Related Subsidiaries**

#### Congressional Findings; Purpose

Pub. L. 103–440, title I, §102, Nov. 2, 1994, 108 Stat. 4615, 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."