I 
112TH CONGRESS 
2D SESSION 
H. R. 4361 
To promote transportation-oriented development and encourage dedicated 
revenue sources for urban and regional rail corridor development. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 16, 2012 
Mr. PETRI (for himself and Mr. LIPINSKI) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
A BILL 
To promote transportation-oriented development and encour-
age dedicated revenue sources for urban and regional 
rail corridor development. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National High Per-
formance Passenger Rail Transportation-Oriented Devel-
opment Act of 2012’’. 
SEC. 2. TRANSPORTATION-ORIENTED DEVELOPMENT INI-
TIATIVE. 
(a) ESTABLISHMENT.—The Secretary of Transpor-
tation (in this Act referred to as the ‘‘Secretary’’) shall 
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establish an initiative to promote passenger rail operations 
and transportation-oriented development by creating in-
centives for communities to encourage dedicated revenue 
sources for urban and regional rail corridor development. 
(b) IMPLEMENTATION.—The Secretary shall appoint 
a Planning Developer to oversee implementation of this 
initiative. The Planning Developer shall report to the Sec-
retary. 
(c) COORDINATING
COMMITTEE.—The Secretary 
shall harmonize planning requirements and direct coordi-
nation and administration of the initiative between the 
Federal Railroad Administration and the Federal Transit 
Administration. The Secretary shall appoint a Transpor-
tation-Oriented Development Coordinating Committee 
composed of the Planning Developer as Chair, the Admin-
istrator of the Federal Railroad Administration, and the 
Administrator of the Federal Transit Administration. 
SEC. 3. FEDERAL INCENTIVES. 
(a) QUALIFIED PROJECTS.— 
(1) CRITERIA.—The Secretary shall establish 
criteria for the designation of projects qualified for 
Federal incentives pursuant to this section and the 
amendments made by this section. 
(2) TYPES OF PROJECTS THAT MAY QUALIFY.— 
Projects that may qualify for Federal incentives pur-
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suant to this section and the amendments made by 
this section are those that contribute to the genera-
tion of revenue by the capture of increasing value 
from development around station areas, as defined 
by the Secretary, which are likely to make long-term 
contributions to rail corridor development funds or 
similar mechanisms that help finance intercity and 
urban passenger rail infrastructure or operating ex-
penses. Such commercial development or other 
projects designated as qualified by the Secretary 
may generate revenue for transportation-oriented de-
velopment and rail operations in the region by in-
creasing the tax base, promoting job growth, pro-
moting cost effectiveness, facilitating intermodal 
connectivity, combining congestion relief with station 
development, stimulating economic development, or 
any other appropriate means. The capture of in-
creased value shall be through the establishment of 
special assessment districts or similar mechanisms, 
and distribution of revenues shall be through rail 
corridor development funds or similar mechanisms 
established within the regions. 
(3) DESIGNATED COORDINATING AUTHORITY.— 
The Secretary shall designate a State authority, or 
regional commission in appropriate regions of the 
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country as defined by the Secretary, that petitions 
the Secretary to participate in the initiative estab-
lished under section 2. Such designated entity shall 
provide for coordination among stakeholders, local 
governments, and private developers in the defined 
region, and shall endorse each project of, and be the 
lead party in, an application for Federal incentives 
pursuant to this section and the amendments made 
by this section. 
(b) RAILROAD REHABILITATION IMPROVEMENT FI-
NANCING.—Section 502 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (45 U.S.C. 822) is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and’’ at the end of para-
graph (5); 
(B) by striking the period at the end of 
paragraph (6) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(7) persons conducting a qualified project (as 
defined in section 8 of the National High Perform-
ance Passenger Rail Transportation-Oriented Devel-
opment Act of 2012).’’; and 
(2) in subsection (b)(1)— 
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(A) by striking ‘‘and’’ at the end of sub-
paragraph (B); 
(B) by striking the period at the end of 
subparagraph (C) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(D) conduct a qualified project (as de-
fined by the Secretary under section 3 of the 
National High Performance Passenger Rail 
Transportation-Oriented Development Act of 
2012.’’. 
(c) TRANSPORTATION INFRASTRUCTURE FINANCE.— 
Section 601(a)(8) of title 23, United States Code, is 
amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (C); 
(2) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) a qualified project (as defined by the 
Secretary under section 3 of the National High 
Performance Passenger Rail Transportation- 
Oriented Development Act of 2012).’’. 
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(d) APPLICATION PRIORITY.—In general, Federal ap-
plications to the Federal Railroad Administration and 
Federal Transit Administration for railroad projects that 
participate in the transportation-oriented development 
program under this Act shall receive a priority for funding 
in the application decision process. 
(e) ADMINISTRATIVE
COSTS.—For administrative 
costs to carry out this Act, including contracting with and 
support for the Planning Developer and transportation- 
oriented development initial administrative costs of the 
Federal Railroad Administration and Federal Transit Ad-
ministration for the first 5 years, the Secretary may use 
such funds as necessary which are appropriated for car-
rying out chapter 6 of title 23, United States Code. 
(f) REVENUE NEUTRAL PROGRAM COST.—The Sec-
retary may establish a mechanism whereby amounts used 
under subsection (e) will be repaid to the Secretary for 
use in carrying out chapter 6 of title 23, United States 
Code. Repayment shall be derived from a small fee to all 
recipients of funding provided under subsection (e). The 
repayment shall commence upon substantial completion of 
qualified projects. 
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SEC. 4. TECHNICAL ASSISTANCE. 
(a) NATIONAL TECHNICAL ASSISTANCE.—The pro-
gram established under this Act shall provide technical as-
sistance to the States with respect to— 
(1) identification of transportation-oriented de-
velopment opportunities; 
(2) establishment of special assessment districts 
in regions; 
(3) establishment of rail corridor development 
funds; and 
(4) expediting Federal, State, and local regu-
latory approvals. 
(b) STATES AND REGIONS OUTSIDE THE NORTH-
EAST CORRIDOR.—The Secretary, through the initiative 
established by this Act, shall provide technical assistance 
to the States and regions outside the Northeast Corridor 
as identified by the Secretary, and shall provide— 
(1) technical assistance on the establishment of 
Regional Advisory Committees appropriate to car-
rying out the purposes of this Act at the regional 
level; and 
(2) technical assistance at the request of a 
State or qualified entity provided by the Planning 
Developer that will identify stations and potential 
stations within a given region, and conduct a pre-
liminary survey of property available and potentially 
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