frequencies, new service, safety improve-
ments, improved accessibility, or other sig-
nificant enhancements are detailed by the 
grantee and approved by the Secretary. 
‘‘(C) The Secretary shall ensure that the 
project is maintained to the level of utility that 
is necessary to support the benefits approved 
under subparagraph (B)(iii) for a period of 20 
years from the date the useable segment, trans-
portation facility, or equipment described in 
subparagraph (B)(ii) is placed in service. If the 
project property is not maintained as required 
by this subparagraph for a period of time in ex-
cess of 12 months, then a pro-rata share of the 
Federal contribution, based upon the percent-
age remaining of the 20-year period that com-
menced when the project property was placed in 
service, shall be refunded. 
‘‘(2) EARLY WORK.—The Secretary may allow a 
grantee subject to this subsection to engage in at- 
risk work activities subsequent to the conclusion of 
final design where the Secretary determines that 
such work activities are reasonable and necessary.’’.
SEC. 305. SMALL BUSINESS PARTICIPATION STUDY. 
(a) STUDY.—The Secretary of Transportation shall 
conduct a nationwide disparity and availability study on 
the availability and use of small business concerns owned 
and controlled by socially and economically disadvantaged 
individuals and veteran-owned small businesses in pub-
lically funded intercity rail passenger transportation (as 
defined in section 24102 of title 49, United States Code) 
projects administered by the Federal Railroad Administra-
tion. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary shall transmit to 
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
containing the results of the study conducted under sub-
section (a). 
(c) DEFINITIONS.—In this section: 
(1) SMALL BUSINESS CONCERN.— 
(A) IN GENERAL.—The term ‘‘small busi-
ness concern’’ means a small business concern 
as the term is used in section 3 of the Small 
Business Act (15 U.S.C. 632). 
(B) EXCLUSIONS.—The term ‘‘small busi-
ness concern’’ does not include any concern or 
group of concerns controlled by the same so-
cially and economically disadvantaged individual 
or individuals that have average annual gross 
receipts during the preceding 3 fiscal years in 
excess of $22,410,000, as adjusted annually by 
the Secretary for inflation. 
(2) SOCIALLY AND ECONOMICALLY DISADVAN-
TAGED INDIVIDUAL.—The term ‘‘socially and eco-
nomically disadvantaged individual’’ has the mean-
ing given the term in section 8(d) of the Small Busi-
ness Act (15 U.S.C. 637(d)) and relevant subcon-
tracting regulations issued pursuant to that Act, ex-
cept that women shall be presumed to be socially 
and economically disadvantaged individuals for pur-
poses of this section. 
(3) VETERAN-OWNED SMALL BUSINESS.— 
(A) IN
GENERAL.—The term ‘‘veteran- 
owned small business’’ has the meaning given 
the term ‘‘small business concern owned and 
controlled by veterans’’ in section 3(q)(3) of the 
Small Business Act (15 U.S.C. 632(q)(3)). 
(B) EXCLUSIONS.—The term ‘‘veteran- 
owned small business’’ does not include any 
concern or group of concerns controlled by the 
same veterans that have average annual gross 
receipts during the preceding 3 fiscal years in
excess of $22,410,000 as adjusted annually by 
the Secretary for inflation. 
(d) FUNDING.—Of the total amount made available 
to the Office of the Secretary of the Department of Trans-
portation and the Federal Railroad Administration, for 
each of fiscal years 2016 and 2017, $3,000,000 shall be 
used to implement the requirements of this section. 
SEC. 306. GULF COAST RAIL SERVICE WORKING GROUP. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Federal Railroad Ad-
ministration shall convene a working group to evaluate the 
restoration of intercity rail passenger service in the Gulf 
Coast region between New Orleans, Louisiana, and Or-
lando, Florida. 
(b) MEMBERSHIP.—The working group shall consist 
of representatives of— 
(1) Amtrak; 
(2) the States along the proposed route or 
routes; 
(3) regional transportation planning organiza-
tions and metropolitan planning organizations, mu-
nicipalities, and communities along the proposed 
route or routes, selected by the Administrator of the 
Federal Railroad Administration; 
(4) the Southern Rail Commission;
(5) freight railroad carriers whose tracks may 
be used for such service; and 
(6) other entities determined appropriate by the 
Administrator. 
(c) RESPONSIBILITIES.—The working group shall— 
(1) evaluate all options for restoring intercity 
rail passenger service in the Gulf Coast region, in-
cluding options outlined in the report transmitted to 
Congress pursuant to section 226 of the Passenger 
Rail Investment and Improvement Act of 2008 
(Public Law 110–432); 
(2) select a preferred option for restoring such 
service; 
(3) develop a prioritized inventory of capital 
projects and other actions required to restore such 
service and cost estimates for such projects or ac-
tions; and 
(4) identify Federal and non-Federal funding 
sources required to restore such service, including 
options for entering into public-private partnerships 
to restore such service. 
(d) REPORT.—Not later than 9 months after the date 
of enactment of this Act, the working group shall transmit 
to the Committee on Transportation and Infrastructure 
in the House of Representatives and the Committee on
Commerce, Science, and Transportation in the Senate a 
report that includes— 
(1) the preferred option selected under sub-
section (c)(2) and the reasons for selecting such op-
tion; 
(2) the information described in subsection 
(c)(3); 
(3) the funding sources identified under sub-
section (c)(4); 
(4) the costs and benefits of restoring intercity 
rail passenger transportation in the region; and 
(5) any other information the working group 
determines appropriate. 
SEC. 307. MISCELLANEOUS. 
(a) TITLE 49 AMENDMENTS.—Title 49, United 
States Code, is amended— 
(1) in section 22106(b), by striking ‘‘interest 
thereof’’ and inserting ‘‘interest thereon’’; 
(2) in section 24101(b), by striking ‘‘subsection 
(d)’’ and inserting ‘‘subsection (c)’’; and 
(3) in section 24706— 
(A) in subsection (a)(1), by striking ‘‘a dis-
continuance under section 24704 or or’’; 
(B) in subsection (a)(2), by striking ‘‘sec-
tion 24704 or’’; and
(C) in subsection (b), by striking ‘‘section 
24704 or’’. 
(b) TABLE OF SECTIONS AMENDMENT.—The item 
relating to section 24316 in the table of sections for chap-
ter 243 of such title is amended by striking ‘‘Plan to as-
sist’’ and inserting ‘‘Plans to address needs of’’. 
(c) PASSENGER RAIL INVESTMENT AND IMPROVE-
MENT ACT AMENDMENTS.—Section 305 of the Passenger 
Rail Investment and Improvement Act of 2008 (49 U.S.C. 
24101 note) is amended— 
(1) in subsection (a), by inserting after ‘‘equip-
ment manufacturers,’’ the following: ‘‘nonprofit or-
ganizations representing employees who perform 
overhaul and maintenance of passenger railroad 
equipment,’’; 
(2) in subsection (c), by striking ‘‘, and may es-
tablish a corporation, which may be owned or joint-
ly-owned by Amtrak, participating States, or other 
entities, to perform these functions’’; and 
(3) in subsection (e), by striking ‘‘and estab-
lishing a jointly-owned corporation to manage that 
equipment’’. 
SEC. 308. NORTHEAST CORRIDOR EXPRESS SERVICE. 
(a) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Northeast Corridor Infra-
structure and Operations Advisory Committee, in con-
sultation with Amtrak, shall transmit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report that 
analyzes the implementation of nonstop, high-speed ex-
press passenger rail service between Washington, District 
of Columbia, and New York, New York, and between New 
York, New York, and Boston, Massachusetts. The report 
shall consider— 
(1) estimated trip time, ridership, revenue, total 
cost, capacity, and other metrics for each service; 
(2) impacts on existing Amtrak and commuter 
rail services; and 
(3) impacts on Northeast Corridor infrastruc-
ture. 
(b) CONSIDERATION.—Not later than 90 days after 
the transmittal of the report required under subsection 
(a), the Amtrak Board of Directors shall consider imple-
menting such services. 
TITLE IV—PROJECT DELIVERY 
SEC. 401. PROJECT DELIVERY RULEMAKING. 
(a) RULEMAKING.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall begin
a rulemaking to govern the Federal review, permitting, 
and approval or disapproval of— 
(1) freight railroad and intercity rail passenger 
transportation infrastructure projects, including 
those that are carried out or planned to be carried 
out with the use of Federal funds administered by 
the Department of Transportation through a grant, 
contract, loan, or other financing instrument; and 
(2) commuter rail passenger transportation (as 
defined in section 24102(3) of title 49, United 
States Code) infrastructure projects that are funded 
in whole or in part through a direct loan or loan 
guarantee under title V of the Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (45 U.S.C. 
801 et seq.). 
(b) DEADLINE.—The Secretary shall complete the 
rulemaking required under subsection (a) not later than 
2 years after the date of enactment of this Act. 
(c) REQUIREMENTS
AND
CONSIDERATIONS.—The 
rulemaking under subsection (a) shall include procedures 
that— 
(1) reduce the aggregate time for review and 
permitting of infrastructure projects described under 
subsection (a) while preserving existing statutory re-
quirements for public comment or assessing the im-
pact of a proposed project; 
(2) institutionalize or expand best practices or 
process improvements that agencies are already im-
plementing to improve the efficiency of reviews; 
(3) identify high-performance attributes of in-
frastructure projects described under subsection (a) 
that demonstrate how projects seek to advance exist-
ing statutory and policy objectives, thereby facili-
tating a more efficient review and permitting proc-
ess; 
(4) create a process to invite Federal agencies 
and State, local, and tribal governments to partici-
pate in the review process, expand coordination with 
such agencies and governments, and require the 
identification as early as practicable in the process 
of any— 
(A) Federal agency or State, local, or trib-
al government with jurisdiction over the project 
or required by law to conduct or issue a review 
or make a determination with regard to the 
project; and 
(B) review, analysis, opinion, and permit, 
license, or approval required for the project; 
(5) create process efficiencies, including—
(A) designating Federal agencies and 
State, local, and tribal governments as cooper-
ating and participating agencies; 
(B) conducting concurrent and integrated 
reviews, analyses, opinions, and permits, li-
censes, or approvals to the maximum extent 
practicable; 
(C) establishing timelines, in coordination 
with affected Federal agencies, for completion 
of those reviews, analyses, opinions, and per-
mits, licenses, or approvals; 
(D) developing a coordination plan and 
schedule, in coordination with affected Federal 
agencies, for participation in the review by Fed-
eral agencies, State, local, and tribal govern-
ments, and the public; and 
(E) implementing a process to effectively 
identify and resolve issues that may affect com-
pletion of reviews in a timely manner; 
(6) effectively engage the public and interested 
stakeholders as early in the review process as pos-
sible; 
(7) include opportunities to use existing share- 
in-cost authorities and other nonappropriated fund-
ing sources to support early coordination and project 
review; 
(8) expand the use of information technology 
tools and identify priority areas for information 
technology investment to replace paperwork proc-
esses, enhance effective project siting decisions, en-
hance interagency collaboration, and improve the 
monitoring of project impacts and mitigation com-
mitments; 
(9) ensure that documents developed under the 
procedures are adopted and used by other Federal 
agencies, and State, local, and tribal governments, to 
the maximum extent practicable, to eliminate redun-
dancy and duplicative reviews; 
(10) include improvements to mitigation policies 
to provide added predictability, facilitate landscape- 
scale mitigation based on conservation plans and re-
gional environmental assessments, facilitate inter-
agency mitigation plans where appropriate, ensure 
accountability and long-term effectiveness of mitiga-
tion activities, and utilize innovative mechanisms 
where appropriate; and 
(11) develop a process for periodically consid-
ering expansion of categorical exclusions for infra-
structure projects described under subsection (a)
that conform to those of other modal administra-
tions. 
SEC. 402. HISTORIC PRESERVATION OF RAILROADS. 
(a) IN GENERAL.—Not later than 12 months after 
the date of enactment of this Act, the Secretary, in con-
sultation with appropriate Federal agencies, including the 
Advisory Council on Historic Preservation, the National 
Conference of State Historic Preservation Officers, the 
National Association of Tribal Historic Preservation Offi-
cers, and nongovernmental stakeholders representing the 
railroad industry and historic preservation concerns, 
shall— 
(1) administratively pursue program alter-
natives (as that term is used in 36 CFR 800.14) to 
promote a consistent approach in the treatment of 
railroad and rail-related properties for historic pres-
ervation review under section 106 of the National 
Historic Preservation Act (16 U.S.C. 470f); and 
(2) develop mechanisms for streamlining com-
pliance with the requirements of section 303 of title 
49, United States Code, for railroad and rail-related 
properties. 
(b) CONSIDERATIONS.—In carrying out subsection 
(a), the Secretary shall—
(1) consider, among other options, the develop-
ment of— 
(A) programmatic agreements, program 
comments, 
exempted 
categories 
of 
under-
takings, and guidance for historic reviews under 
section 106 of the National Historic Preserva-
tion Act (as those terms are used in 36 CFR 
800.14); and 
(B) programmatic evaluations, de minimis 
impact determinations, and regulatory guidance 
for reviews under section 303 of title 49, 
United States Code (as those terms are used in 
23 CFR 774); and 
(2) take into account, at a minimum— 
(A) maintenance and repair of railroad and 
rail-related property; 
(B) repair and replacement of bridges, 
structures, or facilities in a like-for-like manner, 
or when the bridge, structure, or facility is not 
a contributing element of a historic district; 
(C) safety-related projects, including in-
stallation, maintenance, and repair of positive 
train control systems;
(D) management of railroad and rail-re-
lated properties that include both historic and 
non-historic components; 
(E) integration of reviews under section 
106 of the National Historic Preservation Act, 
reviews under section 303 of title 49, United 
States Code, and environmental reviews; and 
(F) consistency in treatment of railroads 
nationwide for historic preservation purposes. 
TITLE V—MISCELLANEOUS 
SEC. 501. DEFINITION. 
For purposes of this Act, the term ‘‘Secretary’’ 
means the Secretary of Transportation. 
SEC. 502. TITLE 49 DEFINITIONS. 
(a) TITLE 49 AMENDMENTS.—Section 24102 of title 
49, United States Code, is amended— 
(1) by redesignating paragraphs (5) through 
(9) as paragraphs (7) through (11), respectively; 
(2) by inserting after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) ‘long-distance route’ means a route de-
scribed in subparagraph (C) of paragraph (7). 
‘‘(6) ‘National Network’ includes long-distance 
routes and State-supported routes.’’; and
(3) by adding at the end the following new 
paragraphs: 
‘‘(12) ‘state-of-good-repair’ means a condition 
in which physical assets, both individually and as a 
system, are— 
‘‘(A) performing at a level at least equal to 
that called for in their as-built or as-modified 
design specification during any period when the 
life cycle cost of maintaining the assets is lower 
than the cost of replacing them; and 
‘‘(B) sustained through regular mainte-
nance and replacement programs. 
‘‘(13) ‘State-supported route’ means a route de-
scribed in subparagraph (B) or (D) of paragraph 
(7), or in section 24702, that is operated by Amtrak, 
excluding those trains operated by Amtrak on the 
routes described in paragraph (7)(A).’’. 
(b) CONFORMING AMENDMENTS.—Section 217 of the 
Passenger Rail Investment and Improvement Act of 2008 
(49 U.S.C. 24702 note) is amended by striking 
‘‘24102(5)(D)’’ and inserting ‘‘24102(7)(D)’’. 
SEC. 503. STATE ACTION PLANS. 
(a) IN GENERAL.—The Secretary shall require— 
(1) each State, other than those States identi-
fied pursuant to section 202 of the Rail Safety Im-
provement Act of 2008 (49 U.S.C. 22501 note), to 
develop and implement, not later than 18 months 
after the date of enactment of this Act, a State 
grade crossing action plan; and 
(2) each State that was identified pursuant to 
section 202 of such Act to update its plan and sub-
mit to the Secretary, not later than 1 year after the 
date of enactment of this Act, a report describing 
what the State did to implement the plan. 
(b) CONTENTS.—Each plan required under sub-
section (a) shall— 
(1) identify specific solutions for improving 
safety at crossings, including highway-rail grade 
crossing closures or grade separations; and 
(2) focus on crossings that have experienced re-
cent grade crossing accidents or multiple accidents, 
or are at high risk for accidents. 
(c) ASSISTANCE.—The Secretary shall provide assist-
ance to the States in developing and carrying out, as ap-
propriate, the plan required under subsection (a). 
(d) CONDITIONS.—The Secretary may condition the 
awarding of any grants under section 103 of this Act to 
a State on the development of such State’s grade crossing 
action plan.
(e) PUBLIC
AVAILABILITY.—The Secretary shall 
make each plan and report publicly available on an official 
Internet Web site. 
SEC. 504. QUIET ZONE REPORT. 
Not later than 120 days after the date of enactment 
of this Act, the Comptroller General shall transmit to Con-
gress a report evaluating the rule issued by the Federal 
Railroad Administration on the use of locomotive horn at 
rail crossings. Such report shall— 
(1) evaluate the effectiveness of the rule in re-
ducing accidents and fatalities at rail crossings; 
(2) evaluate the effectiveness of the rule in es-
tablishing quiet zones; 
(3) identify any barriers to the establishment of 
quiet zones; and 
(4) estimate the costs associated with their es-
tablishment. 
Passed the House of Representatives March 4, 
2015. 
Attest: 
Clerk.
114TH CONGRESS 
1ST SESSION 
H. R. 749 
AN ACT 
To reauthorize Federal support for passenger rail 
programs, and for other purposes.