I 

108TH CONGRESS 

1ST SESSION H. R. 948

To amend title 23, United States Code, to require the Secretary of Transportation to carry out a grant program for providing financial assistance 

for local rail line relocation projects, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 26, 2003

Mr. WICKER (for himself and Mr. PICKERING) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL

To amend title 23, United States Code, to require the Secretary of Transportation to carry out a grant program 

for providing financial assistance for local rail line relocation projects, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Community Rail Line 

5 Relocation Assistance Act of 2003’’. 

6 SEC. 2. RAIL LINE RELOCATION GRANT PROGRAM. 

7 (a) ESTABLISHMENT.—
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1 (1) AUTHORITY.—Chapter 2 of title 23, United 

2 States Code, is amended by inserting after section 

3 206 the following: 

4 ‘‘§ 207. Capital grants for rail line relocation projects 

5 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 

6 shall carry out a grant program to provide financial assist7 ance for local rail line relocation projects. 

8 ‘‘(b) ELIGIBILITY.—A State is eligible for a grant 

9 under this section for any project for the improvement of 

10 the route or structure of a rail line passing through a mu11 nicipality of the State that—

12 ‘‘(1) is carried out for the purpose of mitigating 

13 the adverse effects of rail traffic on safety, motor ve14 hicle traffic flow, or economic development in the 

15 municipality; 

16 ‘‘(2) involves a lateral or vertical relocation of 

17 any portion of the rail line within the municipality 

18 to avoid a closing of a grade crossing or the con19 struction of a road underpass or overpass; and 

20 ‘‘(3) meets the costs-benefits requirement set 

21 forth in subsection (c). 

22 ‘‘(c) COSTS-BENEFITS REQUIREMENT.—A grant may 

23 be awarded under this section for a project for the reloca24 tion of a rail line only if the benefits of the project for 

25 the period equal to the estimated economic life of the relo-
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1 cated rail line exceed the costs of the project for that pe2 riod, as determined by the Secretary considering the fol3 lowing factors: 

4 ‘‘(1) The effects of the rail line and the rail 

5 traffic on motor vehicle and pedestrian traffic, safe6 ty, and area commerce if the rail line were not so 

7 relocated. 

8 ‘‘(2) The effects of the rail line, relocated as 

9 proposed, on motor vehicle and pedestrian traffic, 

10 safety, and area commerce. 

11 ‘‘(3) The effects of the rail line, relocated as 

12 proposed, on the freight and passenger rail oper13 ations on the rail line. 

14 ‘‘(d) CONSIDERATIONS FOR APPROVAL OF GRANT

15 APPLICATIONS.—In addition to considering the relation16 ship of benefits to costs in determining whether to award 

17 a grant to an eligible State under this section, the Sec18 retary shall consider the following factors: 

19 ‘‘(1) The capability of the State to fund the rail 

20 line relocation project without Federal grant fund21 ing. 

22 ‘‘(2) The requirement and limitation relating to 

23 allocation of grant funds provided in subsection (e). 

24 ‘‘(3) Equitable treatment of the various regions 

25 of the United States. 
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1 ‘‘(e) ALLOCATION REQUIREMENTS.—

2 ‘‘(1) PROJECTS UNDER $20,000,000.—At least 

3 50 percent of all grant funds awarded under this 

4 section out of funds appropriated for a fiscal year 

5 shall be provided for rail line relocation projects that 

6 have an estimated project cost of less than 

7 $20,000,000 each. 

8 ‘‘(2) LIMITATION PER PROJECT.—Not more 

9 than 25 percent of the total amount available for 

10 carrying out this section for a fiscal year may be 

11 provided for any one project in that fiscal year. 

12 ‘‘(f) FEDERAL SHARE.—The total amount of a grant 

13 awarded under this section for a rail line relocation project 

14 shall be 90 percent of the shared costs of the project, as 

15 determined under subsection (g)(4). 

16 ‘‘(g) STATE SHARE.—

17 ‘‘(1) PERCENTAGE.—A State shall pay 10 per18 cent of the shared costs of a project that is funded 

19 in part by a grant awarded under this section. 

20 ‘‘(2) FORMS OF CONTRIBUTIONS.—The share 

21 required by paragraph (1) may be paid in cash or 

22 in kind.

23 ‘‘(3) IN-KIND CONTRIBUTIONS.—The in-kind 

24 contributions that are permitted to be counted under 
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1 paragraph (2) for a project for a State are as fol2 lows: 

3 ‘‘(A) A contribution of real property or 

4 tangible personal property (whether provided by 

5 the State or a person for the State). 

6 ‘‘(B) A contribution of the services of em7 ployees of the State, calculated on the basis of 

8 costs incurred by the State for the pay and ben9 efits of the employees, but excluding overhead 

10 and general administrative costs. 

11 ‘‘(C) A payment of any costs that were in12 curred for the project before the filing of an ap13 plication for a grant for the project under this 

14 section, and any in-kind contributions that were 

15 made for the project before the filing of the ap16 plication, if and to the extent that the costs 

17 were incurred or in-kind contributions were 

18 made, as the case may be, to comply with a 

19 provision of a statute required to be satisfied in 

20 order to carry out the project. 

21 ‘‘(4) COSTS NOT SHARED.—

22 ‘‘(A) IN GENERAL.—For the purposes of 

23 subsection (f) and this subsection, the shared 

24 costs of a project in a municipality do not in25 clude any cost that is defrayed with any funds 
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1 or in-kind contribution that a source other than 

2 the municipality makes available for the use of 

3 the municipality without imposing at least one 

4 of the following conditions: 

5 ‘‘(i) The condition that the munici6 pality use the funds or contribution only 

7 for the project. 

8 ‘‘(ii) The condition that the avail9 ability of the funds or contribution to the 

10 municipality is contingent on the execution 

11 of the project. 

12 ‘‘(B) DETERMINATIONS OF THE SEC13 RETARY.—The Secretary shall determine the 

14 amount of the costs, if any, that are not shared 

15 costs under this paragraph and the total 

16 amount of the shared costs. A determination of 

17 the Secretary shall be final. 

18 ‘‘(h) MULTISTATE AGREEMENTS TO COMBINE

19 AMOUNTS.—Two or more States (not including political 

20 subdivisions of States) may, pursuant to an agreement en21 tered into by the States, combine any part of the amounts 

22 provided through grants for a project under this section 

23 if—

24 ‘‘(1) the project will benefit each of the States 

25 entering into the agreement; and 
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1 ‘‘(2) the agreement is not a violation of a law 

2 of any such State. 

3 ‘‘(i) REGULATIONS.—The Secretary shall prescribe 

4 regulations for carrying out this section. 

5 ‘‘(j) STATE DEFINED.—In this section, the term 

6 ‘State’ includes, except as otherwise specifically provided, 

7 a political subdivision of a State. 

8 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—Funds 

9 are hereby authorized to be appropriated from the general 

10 fund of the Treasury for carrying out this section for fiscal 

11 years and in amounts as follows: 

12 ‘‘(1) For fiscal year 2004, $250,000,000. 

13 ‘‘(2) For fiscal year 2005, $500,000,000. 

14 ‘‘(3) For fiscal year 2006, $500,000,000. 

15 ‘‘(4) For fiscal year 2007, $500,000,000. 

16 ‘‘(5) For fiscal year 2008, $500,000,000. 

17 ‘‘(6) For fiscal year 2009, $500,000,000.’’. 

18 (2) TABLE OF SECTIONS.—The table of sections 

19 at the beginning of chapter 2 of title 23, United 

20 States Code, is amended by striking the item relat21 ing to section 207 and inserting the following:

‘‘207. Capital grants for rail line relocation projects.’’.

22 (b) REGULATIONS.—

23 (1) INTERIM REGULATIONS.—Not later than 

24 December 31, 2003, the Secretary of Transportation 

25 shall issue temporary regulations to implement the 
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1 grant program under section 207 of title 23, United 

2 States Code, as added by subsection (a). Subchapter 

3 II of chapter 5 of title 5, United States Code, shall 

4 not apply to the issuance of a temporary regulation 

5 under this paragraph or of any amendment of such 

6 a temporary regulation. 

7 (2) FINAL REGULATIONS.—Not later than Oc8 tober 1, 2004, the Secretary shall issue final regula9 tions implementing the program.

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