433 
percent of the net project cost of the equipment or facility 
attributable to compliance with that Act. 
SEC. 8203. COMMUTER RAIL TRANSIT ENHANCEMENT. 
(a) AMENDMENT.—Part E of subtitle V of title 49, 
United States Code, is amended by adding at the end the 
following: 
‘‘CHAPTER 285—COMMUTER RAIL 
TRANSIT ENHANCEMENT 
‘‘Sec. 
‘‘28501. Definitions 
‘‘28502. Surface Transportation Board mediation of trackage use requests. 
‘‘28503. Surface Transportation Board mediation of rights-of-way use requests. 
‘‘28504. Applicability of other laws. 
‘‘28505. Rules and regulations. 
‘‘§ 28501. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘Board’ means the Surface 
Transportation Board; 
‘‘(2) the term ‘capital work’ means mainte-
nance, restoration, reconstruction, capacity enhance-
ment, or rehabilitation work on trackage that would 
be treated, in accordance with generally accepted ac-
counting principles, as a capital item rather than an 
expense; 
‘‘(3) the term ‘fixed guideway transportation’ 
means public transportation (as defined in section 
5302(a)(10)) provided on, by, or using a fixed guide-
way (as defined in section 5302(a)(4)); 
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‘‘(4) the term ‘public transportation authority’ 
means a local governmental authority (as defined in 
section 5302(a)(6)) established to provide, or make 
a contract providing for, fixed guideway transpor-
tation; 
‘‘(5) the term ‘rail carrier’ means a person, 
other than a governmental authority, providing com-
mon carrier railroad transportation for compensation 
subject to the jurisdiction of the Board under chap-
ter 105; 
‘‘(6) the term ‘segregated fixed guideway facil-
ity’ means a fixed guideway facility constructed 
within the railroad right-of-way of a rail carrier but 
physically separate from trackage, including relo-
cated trackage, within the right-of-way used by a 
rail carrier for freight transportation purposes; and 
‘‘(7) the term ‘trackage’ means a railroad line 
of a rail carrier, including a spur, industrial, team, 
switching, side, yard, or station track, and a facility 
of a rail carrier. 
‘‘§ 28502. Surface Transportation Board mediation of 
trackage use requests 
‘‘If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a 
rail carrier to use trackage of, and have related services 
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provided by, the rail carrier for purposes of fixed guideway 
transportation, the public transportation authority or the 
rail carrier may apply to the Board for nonbinding medi-
ation. The Board shall conduct the nonbinding mediation 
in accordance with the mediation process of section 1109.4 
of title 49, Code of Federal Regulations, as in effect on 
the date of enactment of this section. 
‘‘§ 28503. Surface Transportation Board mediation of 
rights-of-way use requests 
‘‘If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a 
rail carrier to acquire an interest in a railroad right-of- 
way for the construction and operation of a segregated 
fixed guideway facility, the public transportation authority 
or the rail carrier may apply to the Board for nonbinding 
mediation. The Board shall conduct the nonbinding medi-
ation in accordance with the mediation process of section 
1109.4 of title 49, Code of Federal Regulations, as in ef-
fect on the date of enactment of this section. 
‘‘§ 28504. Applicability of other laws 
‘‘Nothing in this chapter shall be construed to limit 
a rail transportation provider’s right under section 
28103(b) to enter into contracts that allocate financial re-
sponsibility for claims. 
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436 
‘‘§ 28505. Rules and regulations 
‘‘Not later than 180 days after the date of enactment 
of this section, the Board shall issue such rules and regu-
lations as may be necessary to carry out this chapter.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
of such subtitle is amended by adding after the item relat-
ing to chapter 283 the following: 
‘‘285. COMMUTER RAIL TRANSIT ENHANCEMENT ..................... 28501’’. 
PART 2—FEDERAL-AID HIGHWAYS 
SEC. 
8251. 
INCREASED 
FEDERAL 
SHARE 
FOR 
CMAQ 
PROJECTS. 
Section 120(c) of title 23, United States Code, is 
amended— 
(1) in the subsection heading by striking ‘‘FOR 
CERTAIN SAFETY PROJECTS’’; 
(2) by striking ‘‘The Federal share’’ and insert-
ing the following: 
‘‘(1) CERTAIN
SAFETY
PROJECTS.—The Fed-
eral share’’; and 
(3) by adding at the end the following: 
‘‘(2) CMAQ PROJECTS.—The Federal share 
payable on account of a project or program carried 
out under section 149 with funds obligated in fiscal 
year 2008 or 2009, or both, shall be 100 percent of 
the cost thereof.’’. 
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‘‘(D) to the extent consistent with inter-
national law, to any other ship that is in— 
‘‘(i) the exclusive economic zone of the 
United States; 
‘‘(ii) the navigable waters of the 
United States; 
‘‘(iii) an emission control area des-
ignated under section 4; or 
‘‘(iv) any other area that the Adminis-
trator, in consultation with the Secretary 
and each State in which any part of the 
area is located, has designated by order as 
being an area from which emissions from 
ships are of concern with respect to protec-
tion of public health, welfare, or the envi-
ronment.’’; 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) and 
(3)’’; and 
(B) by adding at the end the following: 
‘‘(3) With respect to Annex VI the Administrator, or 
the Secretary, as relevant to their authorities pursuant to 
this Act, may determine that some or all of the require-
ments under this Act shall apply to one or more classes 
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of public vessels, except that such a determination by the 
Administrator shall have no effect unless the head of the 
Department or agency under which the vessels operate 
concurs in the determination. This paragraph does not 
apply during time of war or during a declared national 
emergency.’’; 
(3) by redesignating subsections (c) through (g) 
as subsections (d) through (h), respectively; 
(4) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) APPLICATION TO OTHER PERSONS.—This Act 
shall apply to all persons to the extent necessary to ensure 
compliance with Annex VI to the Convention.’’; and 
(5) in subsection (e), as redesignated— 
(A) by inserting ‘‘or the Administrator, 
consistent with section 4 of this Act,’’ after 
‘‘Secretary’’; 
(B) by striking ‘‘of section (3)’’ and insert-
ing ‘‘of this section’’; and 
(C) by striking ‘‘Protocol, including regula-
tions conforming to and giving effect to the re-
quirements of Annex V’’ and inserting ‘‘Pro-
tocol (or the applicable Annex), including regu-
lations conforming to and giving effect to the 
requirements of Annex V and Annex VI’’. 
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