279 
North Carolina State Historic Preservation Office, the 
Virginia State Historic Preservation Office, the Advi-
sory Council on Historic Preservation, and the De-
partment of the Interior, in expediting the decision-
making process for safety-related railroad projects of 
the North Carolina Department of Transportation 
and the Southeast High Speed Rail Corridor involv-
ing property and facilities that have disputed historic 
significance. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit, 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 on the 
results of the study conducted under subsection (a)(1) and 
the actions directed under subsection (a)(2) and (3). The 
report shall include recommendations for any regulatory or 
legislative amendments that may streamline compliance 
with the requirements described in subsection (a)(1) in a 
manner consistent with railroad safety and the policies and 
purposes of section 106 of the National Historic Preserva-
tion Act (16 U.S.C. 470f), section 303 of title 49, United 
States Code, and section 8(d) of Public Law 90–543 (16 
U.S.C. 1247(d)).
280 
TITLE V—HIGH-SPEED RAIL 
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM. 
(a) CORRIDOR PLANNING.—Section 26101 is amend-
ed— 
(1) in the section heading, by striking ‘‘Cor-
ridor development’’ and inserting ‘‘High- 
speed rail corridor planning’’; 
(2) in the heading of subsection (a), by striking 
‘‘CORRIDOR
DEVELOPMENT’’ and inserting ‘‘COR-
RIDOR PLANNING’’; 
(3) by striking ‘‘corridor development’’ each 
place it appears and inserting ‘‘corridor planning’’; 
and 
(4) in subsection (c)(2), by striking ‘‘develop-
ment’’ and inserting ‘‘planning’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 
26104 is amended in paragraph (1) of subsection (a) by 
striking ‘‘$70,000,000’’ and inserting ‘‘$30,000,000’’. 
(c) CONFORMING AMENDMENT.—The item relating to 
section 26101 in the table of sections of chapter 261 is 
amended by striking ‘‘Corridor development’’ and inserting 
‘‘High-speed rail corridor planning’’. 
(d) HIGH-SPEED RAIL CORRIDOR DEVELOPMENT.— 
Chapter 261 is amended by adding at the end thereof the 
following:
281 
‘‘§ 26106. High-speed rail corridor development 
‘‘(a) IN GENERAL.—The Secretary of Transportation 
shall establish and implement a high-speed rail corridor de-
velopment program. 
‘‘(b) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) APPLICANT.—The term ‘applicant’ means a 
State, a group of States, an Interstate Compact, a 
public agency established by one or more States and 
having responsibility for providing high-speed rail 
service, or Amtrak. 
‘‘(2) CORRIDOR.—The term ‘corridor’ means a 
corridor designated by the Secretary pursuant to sec-
tion 104(d)(2) of title 23. 
‘‘(3) CAPITAL
PROJECT.—The term ‘capital 
project’ means a project or program in a State rail 
plan developed under chapter 227 of this title for ac-
quiring, constructing, improving, or inspecting equip-
ment, track, and track structures, or a facility of use 
in or for the primary benefit of high-speed rail serv-
ice, expenses incidental to the acquisition or construc-
tion (including designing, engineering, location sur-
veying, mapping, environmental studies, and acquir-
ing rights-of-way), payments for the capital portions 
of rail trackage rights agreements, highway-rail grade 
crossing improvements related to high-speed rail serv-
282 
ice, mitigating environmental impacts, communica-
tion and signalization improvements, relocation as-
sistance, acquiring replacement housing sites, and ac-
quiring, constructing, relocating, and rehabilitating 
replacement housing. 
‘‘(4) HIGH-SPEED RAIL.—The term ‘high-speed 
rail’ means intercity passenger rail service that is 
reasonably expected to reach speeds of at least 110 
miles per hour. 
‘‘(5) INTERCITY PASSENGER RAIL SERVICE.—The 
term ‘intercity passenger rail service’ has the mean-
ing given the term ‘intercity rail passenger transpor-
tation’ in section 24102 of this title. 
‘‘(6) STATE.—The term ‘State’ means any of the 
50 States or the District of Columbia. 
‘‘(c) GENERAL AUTHORITY.—The Secretary may make 
grants under this section to an applicant to finance capital 
projects in high-speed rail corridors. 
‘‘(d) APPLICATIONS.—Each applicant seeking to re-
ceive a grant under this section to develop a high-speed rail 
corridor shall submit to the Secretary an application in 
such form and in accordance with such requirements as the 
Secretary shall establish. 
‘‘(e) COMPETITIVE GRANT SELECTION AND CRITERIA 
FOR GRANTS.—
283 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) establish criteria for selecting among 
projects that meet the criteria specified in para-
graph (2); 
‘‘(B) conduct a national solicitation for ap-
plications; and 
‘‘(C) award grants on a competitive basis. 
‘‘(2) GRANT CRITERIA.—The Secretary, in select-
ing the recipients of high-speed rail development 
grants to be provided under subsection (c), shall— 
‘‘(A) require— 
‘‘(i) that the project be part of a State 
rail plan developed under chapter 227 of 
this title, or under the plan required by sec-
tion 211 of the Passenger Rail Investment 
and Improvement Act of 2008; 
‘‘(ii) that the applicant or recipient 
has or will have the legal, financial, and 
technical capacity to carry out the project, 
satisfactory continuing control over the use 
of the equipment or facilities, and the capa-
bility and willingness to maintain the 
equipment or facilities; 
‘‘(iii) that the project be based on the 
results of preliminary engineering studies
284 
or other planning, including corridor plan-
ning activities funded under section 26101 
of this title; 
‘‘(iv) that the applicant provides suffi-
cient information upon which the Secretary 
can make the findings required by this sub-
section; 
‘‘(v) that if an applicant has selected 
the proposed operator of its service, that the 
applicant provide written justification to 
the Secretary showing why the proposed op-
erator is the best, taking into account costs 
and other factors; 
‘‘(vi) that each proposed project meet 
all safety and security requirements that 
are applicable to the project under law; and 
‘‘(vii) that each project be compatible 
with, and operated in conformance with— 
‘‘(I) plans developed pursuant to 
the requirements of section 135 of title 
23; and 
‘‘(II) the national rail plan (if it 
is available); 
‘‘(B) select high-speed rail projects—
285 
‘‘(i) that are anticipated to result in 
significant improvements to intercity rail 
passenger service, including, but not limited 
to, consideration of the project’s— 
‘‘(I) levels of estimated ridership, 
increased on-time performance, reduced 
trip time, additional service frequency 
to meet anticipated or existing de-
mand, or other significant service en-
hancements as measured against min-
imum standards developed under sec-
tion 207 of the Passenger Rail Invest-
ment and Improvement Act of 2008; 
‘‘(II) anticipated favorable impact 
on air or highway traffic congestion, 
capacity, or safety; and 
‘‘(ii) for which there is a high degree of 
confidence that the proposed project is fea-
sible and will result in the anticipated bene-
fits, as indicated by— 
‘‘(I) 
the 
project’s 
precommencement compliance with en-
vironmental protection requirements; 
‘‘(II) the readiness of the project 
to be commenced;
286 
‘‘(III) the commitment of any af-
fected host rail carrier to ensure the re-
alization of the anticipated benefits; 
and 
‘‘(IV) other relevant factors as de-
termined by the Secretary; 
‘‘(iii) for which the level of the antici-
pated benefits compares favorably to the 
amount of Federal funding requested under 
this section; and 
‘‘(C) give greater consideration to projects— 
‘‘(i) that are anticipated to result in 
benefits to other modes of transportation 
and to the public at large, including, but 
not 
limited 
to, 
consideration 
of 
the 
project’s— 
‘‘(I) encouragement of intermodal 
connectivity through provision of direct 
connections between train stations, air-
ports, bus terminals, subway stations, 
ferry ports, and other modes of trans-
portation; 
‘‘(II) anticipated improvement of 
conventional 
intercity 
passenger, 
freight, or commuter rail operations;
287 
‘‘(III) use of positive train control 
technologies; 
‘‘(IV) environmental benefits, in-
cluding projects that involve the pur-
chase of environmentally sensitive, 
fuel-efficient, and cost-effective pas-
senger rail equipment; 
‘‘(V) anticipated positive eco-
nomic and employment impacts; 
‘‘(VI) encouragement of State and 
private contributions toward station 
development, 
energy 
and 
environ-
mental efficiency, and economic bene-
fits; and 
‘‘(VII) falling under the descrip-
tion in section 5302(a)(1)(G) of this 
title as defined to support intercity 
passenger rail service; and 
‘‘(ii) that incorporate equitable finan-
cial participation in the project’s financing, 
including, but not limited to, consideration 
of— 
‘‘(I) donated property interests or 
services;
288 
‘‘(II) financial contributions by 
intercity passenger, freight, and com-
muter rail carriers commensurate with 
the benefit expected to their operations; 
and 
‘‘(III) 
financial 
commitments 
from host railroads, non-Federal gov-
ernmental entities, non-governmental 
entities, and others. 
‘‘(3) GRANT CONDITIONS.—The Secretary shall 
require each recipient of a grant under this chapter 
to comply with the grant requirements of section 
24405 of this title. 
‘‘(4) STATE RAIL PLANS.—State rail plans com-
pleted before the date of enactment of the Passenger 
Rail Investment and Improvement Act of 2008 that 
substantially meet the requirements of chapter 227 of 
this title, as determined by the Secretary pursuant to 
section 22506 of this title, shall be deemed by the Sec-
retary to have met the requirements of paragraph 
(2)(A)(i) of this subsection. 
‘‘(f) FEDERAL SHARE.—The Federal share of the cost 
of a project financed under this section shall not exceed 80 
percent of the project net capital cost.
289 
‘‘(g) ISSUANCE
OF REGULATIONS.—Within 1 year 
after the date of enactment of this section, the Secretary 
shall issue regulations to carry out this section. 
‘‘(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section— 
‘‘(1) $150,000,000 for fiscal year 2009; 
‘‘(2) $300,000,000 for fiscal year 2010; 
‘‘(3) $350,000,000 for fiscal year 2011; 
‘‘(4) $350,000,000 for fiscal year 2012; and 
‘‘(5) $350,000,000 for fiscal year 2013.’’. 
(e) TABLE OF SECTIONS AMENDMENT.—The table of 
sections for chapter 261 is amended by adding after the 
item relating to section 26105 the following new item: 
‘‘26106. High-speed rail corridor development.’’. 
SEC. 502. ADDITIONAL HIGH-SPEED RAIL PROJECTS. 
(a) SOLICITATION OF PROPOSALS.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary shall 
issue a request for proposals for projects for the fi-
nancing, design, construction, operation, and mainte-
nance of a high-speed intercity passenger rail system 
operating within a high-speed rail corridor, includ-
ing— 
(A) the Northeast Corridor; 
(B) the California Corridor;
290 
(C) the Empire Corridor; 
(D) the Pacific Northwest Corridor; 
(E) the South Central Corridor; 
(F) the Gulf Coast Corridor; 
(G) the Chicago Hub Network; 
(H) the Florida Corridor; 
(I) the Keystone Corridor; 
(J) the Northern New England Corridor; 
and 
(K) the Southeast Corridor. 
(2) SUBMISSION.—Proposals shall be submitted 
to the Secretary not later than 270 days after the 
publication of such request for proposals under para-
graph (1). 
(3) PERFORMANCE
STANDARD.—Proposals sub-
mitted under paragraph (2) must meet any standards 
established by the Secretary. For corridors with exist-
ing intercity passenger rail service, proposals shall 
also be designed to achieve a reduction of existing 
minimum intercity rail service trip times between the 
main corridor city pairs by a minimum of 25 per-
cent. In the case of a proposal submitted with respect 
to paragraph (1)(A), the proposal must be designed to 
achieve a 2-hour or less express service between Wash-
291 
ington, District of Columbia, and New York City, 
New York. 
(4) CONTENTS.—A proposal submitted under 
this subsection shall include— 
(A) the names and qualifications of the per-
sons submitting the proposal and the entities 
proposed to finance, design, construct, operate, 
and maintain the railroad, railroad equipment, 
and related facilities, stations, and infrastruc-
ture; 
(B) a detailed description of the proposed 
rail service, including possible routes, required 
infrastructure investments and improvements, 
equipment needs and type, train frequencies, 
peak and average operating speeds, and trip 
times; 
(C) a description of how the project would 
comply with Federal rail safety and security 
laws, orders, and regulations governing high- 
speed rail operations; 
(D) the locations of proposed stations, which 
maximize the usage of existing infrastructure to 
the extent possible, and the populations such sta-
tions are intended to serve;
292 
(E) the type of equipment to be used, in-
cluding any technologies, to achieve trip time 
goals; 
(F) a description of any proposed legisla-
tion needed to facilitate all aspects of the project; 
(G) a financing plan identifying— 
(i) projected revenue, and sources 
thereof; 
(ii) the amount of any requested public 
contribution toward the project, and pro-
posed sources; 
(iii) projected annual ridership projec-
tions for the first 10 years of operations; 
(iv) annual operations and capital 
costs; 
(v) the projected levels of capital in-
vestments required both initially and in 
subsequent years to maintain a state-of- 
good-repair necessary to provide the ini-
tially proposed level of service or higher lev-
els of service; 
(vi) projected levels of private invest-
ment and sources thereof, including the 
identity of any person or entity that has 
made or is expected to make a commitment
293 
to provide or secure funding and the 
amount of such commitment; and 
(vii) projected funding for the full fair 
market compensation for any asset, prop-
erty right or interest, or service acquired 
from, owned, or held by a private person or 
Federal entity that would be acquired, im-
paired, or diminished in value as a result 
of a project, except as otherwise agreed to by 
the private person or entity; 
(H) a description of how the project would 
contribute to the development of a national high- 
speed rail system and an intermodal plan de-
scribing how the system will facilitate convenient 
travel connections with other transportation 
services; 
(I) a description of how the project will en-
sure compliance with Federal laws governing the 
rights and status of employees associated with 
the route and service, including those specified in 
section 24405 of title 49, United States Code; 
(J) a description of how the design, con-
struction, implementation, and operation of the 
project will accommodate and allow for future
294 
growth of existing and projected intercity, com-
muter, and freight rail service; 
(K) a description of how the project would 
comply with Federal and State environmental 
laws and regulations, of what the environmental 
impacts would result from the project, and how 
any adverse impacts would be mitigated; and 
(L) a description of the project’s impacts on 
highway and aviation congestion, energy con-
sumption, land use, and economic development 
in the service area. 
(b) DETERMINATION AND ESTABLISHMENT OF COM-
MISSIONS.—Not later than 60 days after receipt of the pro-
posals under subsection (a), the Secretary shall— 
(1) make a determination as to whether any such 
proposals— 
(A) contain the information required under 
subsection (a)(3) and (4); 
(B) are sufficiently credible to warrant fur-
ther consideration; 
(C) are likely to result in a positive impact 
on the Nation’s transportation system; and 
(D) are cost-effective and in the public in-
terest; and
295 
(2) establish a commission under subsection (c) 
for each corridor with one or more proposals that the 
Secretary determines satisfies the requirements of 
paragraph (1), and forward to each commission such 
proposals for review and consideration. 
(c) COMMISSIONS.— 
(1) MEMBERS.—Each commission referred to in 
subsection (b)(2) shall include— 
(A) the governors of the affected States, or 
their respective designees; 
(B) mayors of appropriate municipalities 
along the proposed corridor, or their respective 
designees; 
(C) a representative from each freight rail-
road carrier using the relevant corridor, if appli-
cable; 
(D) a representative from each transit au-
thority using the relevant corridor, if applicable; 
(E) representatives of nonprofit employee 
labor organizations representing affected railroad 
employees; and 
(D) the President of Amtrak or his or her 
designee. 
(2) APPOINTMENT
AND
SELECTION.—The Sec-
retary shall appoint the members under paragraph
296 
(1). In selecting each commission’s members to fulfill 
the requirements under paragraph (1)(B) and (E), 
the Secretary shall consult with the Chairmen and 
Ranking Members of the Senate Committee on Com-
merce, Science, and Transportation and the House of 
Representatives Committee on Transportation and 
Infrastructure. 
(3) CHAIRPERSON AND VICE-CHAIRPERSON SE-
LECTION.—The Chairperson and Vice-Chairperson 
shall be elected from among members of each commis-
sion. 
(4) QUORUM AND VACANCY.— 
(A) QUORUM.—A majority of the members 
of each commission shall constitute a quorum. 
(B) VACANCY.—Any vacancy in each com-
mission shall not affect its powers and shall be 
filled in the same manner in which the original 
appointment was made. 
(5) APPLICATION OF LAW.—Except where other-
wise provided by this section, the Federal Advisory 
Committee Act (P.L. 92–463) shall apply to each 
commission created under this section. 
(d) COMMISSION CONSIDERATION.— 
(1) IN GENERAL.—Each commission established 
under subsection (b)(2) shall be responsible for review-
297 
ing the proposal or proposals forwarded to it under 
that subsection and not later than 90 days after the 
establishment of the commission, shall transmit to the 
Secretary a report which includes— 
(A) a summary of each proposal received; 
(B) services to be provided under each pro-
posal, including projected ridership, revenues, 
and costs; 
(C) proposed public and private contribu-
tions for each proposal; 
(D) the advantages offered by the proposal 
over existing intercity passenger rail services; 
(E) public operating subsidies or assets 
needed for the proposed project; 
(F) possible risks to the public associated 
with the proposal, including risks associated 
with project financing, implementation, comple-
tion, safety, and security; 
(G) a ranked list of the proposals rec-
ommended for further consideration under sub-
section (e) in accordance with each proposal’s 
projected positive impact on the Nation’s trans-
portation system; 
(H) an identification of any proposed Fed-
eral legislation that would facilitate implementa-