Memorandum

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Subject: ACTION: Railway-Highway Crossings 

Program Questions & Answers Guidance 

(Effective date: October 1, 2021)

Date: May 23, 2022

From: Cheryl J. Walker In Reply Refer To:

Associate Adminis   HS

To: Division Administrators

Purpose

This memorandum provides guidance to clarify Federal share and eligibility requirements for 

section 130 of title 23 of the United States Code (U.S.C.) for the Railway-Highway Crossings

Program (23 U.S.C. 130) under the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-

58, also known as the “Bipartisan Infrastructure Law” (BIL)), and Part 924 of title 23 of the 

Code of Federal Regulations (23 CFR Part 924), and for Federal share and eligibility 

requirements for new project obligations using carryover funds set aside under prior 

authorizations pursuant to 23 U.S.C. 130(e). This guidance also incorporates Federal Highway 

Administration (FHWA) priorities, consistent with the Policy on Using Bipartisan Infrastructure 

Law Resources to Build a Better America, dated December 16, 2021. The Railway-Highway 

Crossings Program (hereafter referred to as “Section 130”) requirements within the BIL took 

effect on October 1, 2021 and apply to all related funding obligated on or after that date, whether 

carryover or new. This guidance replaces the Rail-Highway Crossings Program (Section 130) 

Questions & Answers published on August 10, 2017 and updated on August 16, 2018. 

Except for the statutes and regulations cited, the contents of this document do not have the force 

and effect of law and are not meant to bind the States or the public in any way. This document is 

intended only to provide information regarding existing requirements under the law or agency 

policies.

Background 

The Section 130 Program provides funds for the elimination of hazards at railway-highway 

crossings. The Section 130 Program is funded as a set-aside from the funds apportioned for the 

Highway Safety Improvement Program (HSIP).

1 The Section 130 Program has been correlated 

with a significant decrease in fatalities at railway-highway grade crossings. From 2000 to 2019, 

fatalities at public railway-highway crossings decreased from 369 to 250 (32% decrease).

2

 The 

1 23 U.S.C. 148. 2 Source: Federal Railroad Administration. 
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overall reductions in fatalities come despite an increase in the vehicle miles traveled on roadways 

and an increase in the passenger and freight traffic on the railways.

Summary of Guidance

The guidance answers frequently asked questions from rail crossing safety stakeholders 

regarding Federal share and general eligibility activities. 

Federal Share

1. Q: What is the Federal Share of rail-highway crossing projects? 

A: Under 23 U.S.C. 130(f)(3), the Federal Share of all rail-highway crossing projects 

authorized after October 1, 2021 using Section 130 set-aside funds is 100 percent. For 

new obligations entered into after October 1, 2021 using carryover funds set aside under 

prior authorizations pursuant to Section 130, the Federal share is 100 percent. Existing 

project authorizations must retain the Federal share requirement as authorized. Those 

projects cannot be modified to reflect a higher Federal share except shortly before or after 

contract award (23 CFR 630.106(f)). Rail-highway crossing projects funded with other 

Federal-aid funding sources, such as HSIP funds, may qualify for increased Federal Share 

up to 100 percent for projects under 23 U.S.C. 120(c)(1). 

2. Q: Can the non-Federal share for a project using funding set aside under 23 U.S.C. 

130 for rail-highway grade crossing projects be increased, resulting in a decrease in 

the Federal share, to below 100 percent?

A: Yes. 23 U.S.C. 120(h) allows a State to contribute an amount in excess of the nonFederal share of a project under title 23, U.S.C. so as to decrease the Federal share 

payable on such project.

3. Q: How should existing projects already authorized using toll credits be reflected in 

FHWA’s Financial Management Information System (FMIS)?

A: Existing Section 130 set-aside projects already authorized using toll credits should be 

authorized showing the applicable Federal prorate share. The total Section 130 set-aside 

funds on such projects may effectively account for 100 percent of the project with the 

credits appropriately recorded, but the maximum allowable share should always be 

recorded to ensure any adjustments take into account this limitation and appropriate 

credits are also applied to the project. It has been noted some State financial systems 

cannot follow this recording method and must show 100 percent with the toll credits to 

facilitate proper billing. Existing project authorizations must retain the Federal share 

requirement as authorized. Those projects cannot be modified to reflect a higher Federal 

share except shortly before or after contract award (23 CFR 630.106(f)).
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4. Q: Can Section 130 set-aside funds be used as the local match required under 23 

U.S.C. 130(h)?

A: Yes. Under 23 U.S.C. 130(h), if a State law allows State funds to be used for a 

railroad-highway crossing project where a local match is required, Section 130 set-aside 

funds may be used for the local match required by State law. 

General Eligibility 

5. Q: Are blocked crossings eligible for Section 130 funds?

A: Yes. 23 U.S.C. 130(a) states that funds apportioned in accordance with 23 U.S.C. 104 

may be used for "projects at grade crossings to eliminate hazards posed by blocked grade 

crossings due to idling trains".

6. Q: Can Section 130 funds be used to develop a State Highway-Rail Grade Crossing 

Action Plan?

A: Yes. Section 11401(c) of the FAST Act, as amended by the BIL, allows for Section 

130 funds to be made available "to provide States with funds to develop a State highwayrail grade crossing action plan... or to update a State action plan."

7. Q: Can Section 130 funds be used to reduce trespassing at grade crossings?

A: Yes. 23 U.S.C. 130(e)(1)(B), as amended by the BIL, allows for States to use Section 

130 funds "for projects to reduce pedestrian fatalities and injuries from trespassing at 

grade crossings." The project must be at a public rail-highway crossing or public rail 

crossing at a pedestrian pathway (23 CFR 924.9(a)(4)(ii)). For more information on 

trespassing, please visit the FRA website at Highway-Rail Grade Crossing Safety and 

Trespass Prevention | FRA (dot.gov).

8. Q: Does the 8 percent limit for compilation and analysis of data in support of RailHighway Crossings Program annual reports apply to the development of State 

Highway-Rail Grade Crossing Action Plans? 

A: No. Section 130 funds used to develop or update a State action plan are not restricted 

to the 8 percent of funds under 23 U.S.C. 130(k) for compilation and analysis of data in 

support of Rail-Highway Crossings Program Annual Reports.

9. Q: What are the requirements for State Action Plans?

A: Section 11401 of the FAST Act required the Administrator of the Federal Railroad 

Administration (FRA) to develop requirements for State Highway-Rail Grade Crossing 
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Action Plans. Information about State Highway-Rail Grade Crossing Action Plans, 

including a link to FRA’s final rule on State Highway-Rail Grade Crossing Action Plans, 

can be found at the following website: https://railroads.dot.gov/sap. The FHWA and FRA 

also developed a Highway-Railway Grade Crossing Action Plan and Project 

Prioritization Noteworthy Practices document that can be downloaded from the FHWA 

Office of Safety Rail-Highway Crossings Program web page at: 

https://safety.fhwa.dot.gov/hsip/xings/. 

10. Q: Are crossing surface improvements eligible for Section 130 set-aside funds?

A: Yes. Crossing surface improvements are an eligible activity for Federal-aid funds if 

they are identified as a project for the elimination of hazards of railway-highway 

crossings as part of the State’s data-driven project selection and prioritization processes 

under 23 CFR 924.9(a)(4)(ii). 

11. Q: How are Section 130 set-aside funds distributed to the States? 

A: Funds are apportioned by formula to States each year in accordance with 23 U.S.C. 

130(f). Per 23 U.S.C. 130(e)(1), funds are set aside from the HSIP for the elimination of 

hazards, the installation of protective devices at railway-highway crossings, the 

replacement of functionally obsolete warning devices, and for projects to reduce 

pedestrian fatalities and injuries from trespassing at grade crossings. 

12. Q: How are Section 130 funds used within a State?

A: Section 130 is a Federally-funded, State-administered program. In accordance with 23 

CFR 924.9(a)(4)(ii), States shall use State-specific, data-driven processes for managing 

their Rail-Highway Crossings Program that (A) consider the relative risk of public 

railway-highway grade crossings based on a hazard index formula, (B) include onsite 

inspection, and (C) emphasize standard signing and markings at all public crossings. 

States may utilize various processes to select and prioritize projects.

13. Q: Does FHWA award Section 130 set-aside funds under a competitive award process?

A: No. Because Section 130 set-aside funds are distributed by formula pursuant to 23 

U.S.C. 130(f), FHWA does not award Section 130 set-aside funds under a competitive 

award process.

14. Q: Does the BIL remove the requirement that at least half of the funds set aside for the 

Section 130 program must be for the installation of protective devices at railwayhighway crossings?
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A: Yes. Section 11108(a)(2) of the BIL removes the requirement that at least half of the 

funds set aside for the Section 130 program must be for the installation of protective 

devices at railway-highway crossings. Protective devices at railway-highway crossings 

remain an eligible activity.

15. Q: Can Section 130 funds be used to replace functionally obsolete rail-highway 

crossing safety equipment?

A: Yes. Section 11108(a)(2) of the BIL states the replacement of functionally obsolete 

warning devices is an eligible activity. Section 130 funds may be used to replace railhighway crossing safety equipment under certain circumstances. Rail-highway crossing 

equipment purchased with Federal-aid funds is required to be used until no longer needed 

for the purposes for which the equipment was purchased (2 CFR 200.313(a)(1); 2 CFR 

1201.313). Equipment that may be disposed of under State property management 

procedures (e.g., if State procedures permit disposal for no longer meeting current 

standards or having served its useful life) may be considered as no longer needed for the 

purposes for which the equipment was purchased. In these instances where a State or 

local agency then intends to replace that equipment, the use of Section 130 funds to 

purchase replacement equipment may be authorized where the State or local agency 

demonstrates that the disposition of the original equipment meets State disposal 

requirements under State law and procedures (2 CFR 200.313(b); 2 CFR 1201.313) and 

such replacement cost is considered as a necessary and reasonable cost according to 

Federal-aid Highway Program requirements consistent with 2 CFR 200.403-200.404. 

Questions

If you have any questions or need additional information, please contact Kelly Morton (202-366-

8090 or kelly.morton@dot.gov) or Esther Strawder (202-366-6836 or esther.strawder@dot.gov). 

cc: Directors of Field Services

Safety Field 

HCC

HCF

HPL