H. R. 2095—112 
(1) in Vancouver, Canada, no later than June 1, 2009; 
and 
(2) in other areas as determined appropriate by the Sec-
retary. 
SEC. 407. HISTORIC PRESERVATION OF RAILROADS. 
(a) STUDY; OTHER ACTIONS.—The Secretary of Transportation 
shall— 
(1) conduct a study, in consultation with the Advisory 
Council on Historic Preservation, the National Conference of 
State Historic Preservation Officers, the Department of the 
Interior, appropriate representatives of the railroad industry, 
and representative stakeholders, on ways to streamline compli-
ance with the requirements of section 303 of title 49, United 
States Code, and section 106 of the National Historic Preserva-
tion Act (16 U.S.C. 470f) for federally funded railroad infra-
structure repair and improvement projects; 
(2) take immediate action to cooperate with the Alaska 
Railroad, the Alaska State Historic Preservation Office, the 
Advisory Council on Historic Preservation, and the Department 
of the Interior, in expediting the decisionmaking process for 
safety-related projects of the railroad involving property and 
facilities that have disputed historic significance; and 
(3) take immediate action to cooperate with the North 
Carolina Department of Transportation, the North Carolina 
State Historic Preservation Office, the Virginia State Historic 
Preservation Office, the Advisory Council on Historic Preserva-
tion, and the Department of the Interior, in expediting the 
decisionmaking process for safety-related railroad projects of 
the North Carolina Department of Transportation and the 
Southeast High Speed Rail Corridor involving 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 regu-
latory 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 Preservation 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)). 
TITLE V—HIGH-SPEED RAIL 
SEC. 501. HIGH-SPEED RAIL CORRIDOR PROGRAM. 
(a) CORRIDOR PLANNING.—Section 26101 is amended— 
(1) in the section heading, by striking ‘‘Corridor develop-
ment’’ and inserting ‘‘High-speed rail corridor planning’’; 
(2) in the heading of subsection (a), by striking ‘‘CORRIDOR 
DEVELOPMENT’’ and inserting ‘‘CORRIDOR PLANNING’’; 
(3) by striking ‘‘corridor development’’ each place it appears 
and inserting ‘‘corridor planning’’; and
H. R. 2095—113 
(4) in subsection (c)(2), by striking ‘‘development’’ 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: 
‘‘§ 26106. High-speed rail corridor development 
‘‘(a) IN GENERAL.—The Secretary of Transportation shall estab-
lish and implement a high-speed rail corridor development program. 
‘‘(b) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) APPLICANT.—The term ‘applicant’ means a State, a 
group of States, an Interstate Compact, a public agency estab-
lished by one or more States and having responsibility for 
providing high-speed rail service, or Amtrak. 
‘‘(2) CORRIDOR.—The term ‘corridor’ means a corridor des-
ignated by the Secretary pursuant to section 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 acquiring, constructing, improving, 
or inspecting equipment, track, and track structures, or a 
facility of use in or for the primary benefit of high-speed rail 
service, expenses incidental to the acquisition or construction 
(including designing, engineering, location surveying, mapping, 
environmental studies, and acquiring rights-of-way), payments 
for the capital portions of rail trackage rights agreements, 
highway-rail grade crossing improvements related to high-speed 
rail service, mitigating environmental impacts, communication 
and 
signalization 
improvements, 
relocation 
assistance, 
acquiring replacement housing sites, and acquiring, con-
structing, 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 ‘inter-
city passenger rail service’ has the meaning given the term 
‘intercity rail passenger transportation’ 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 receive 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.— 
‘‘(1) IN GENERAL.—The Secretary shall—
H. R. 2095—114 
‘‘(A) establish criteria for selecting among projects that 
meet the criteria specified in paragraph (2); 
‘‘(B) conduct a national solicitation for applications; 
and 
‘‘(C) award grants on a competitive basis. 
‘‘(2) GRANT
CRITERIA.—The Secretary, in selecting 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 section 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 capability 
and willingness to maintain the equipment or facilities; 
‘‘(iii) that the project be based on the results of 
preliminary engineering studies or other planning, 
including corridor planning activities funded under sec-
tion 26101 of this title; 
‘‘(iv) that the applicant provides sufficient informa-
tion upon which the Secretary can make the findings 
required by this subsection; 
‘‘(v) that if an applicant has selected the proposed 
operator of its service, that the applicant provide writ-
ten justification to the Secretary showing why the pro-
posed operator 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 require-
ments of section 135 of title 23; and 
‘‘(II) the national rail plan (if it is available); 
‘‘(B) select high-speed rail projects— 
‘‘(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 
demand, or other significant service enhancements 
as measured against minimum standards devel-
oped under section 207 of the Passenger Rail 
Investment 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 feasible and will result 
in the anticipated benefits, as indicated by— 
‘‘(I) the project’s precommencement compliance 
with environmental protection requirements;
H. R. 2095—115 
‘‘(II) the readiness of the project to be com-
menced; 
‘‘(III) the commitment of any affected host rail 
carrier to ensure the realization of the anticipated 
benefits; and 
‘‘(IV) other relevant factors as determined by 
the Secretary; 
‘‘(iii) for which the level of the anticipated 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, airports, bus terminals, subway sta-
tions, ferry ports, and other modes of transpor-
tation; 
‘‘(II) anticipated improvement of conventional 
intercity passenger, freight, or commuter rail oper-
ations; 
‘‘(III) use of positive train control technologies; 
‘‘(IV) 
environmental 
benefits, 
including 
projects that involve the purchase of environ-
mentally sensitive, fuel-efficient, and cost-effective 
passenger rail equipment; 
‘‘(V) anticipated positive economic and employ-
ment impacts; 
‘‘(VI) encouragement of State and private con-
tributions toward station development, energy and 
environmental efficiency, and economic benefits; 
and 
‘‘(VII) falling under the description in section 
5302(a)(1)(G) of this title as defined to support 
intercity passenger rail service; and 
‘‘(ii) that incorporate equitable financial participa-
tion in the project’s financing, including, but not lim-
ited to, consideration of— 
‘‘(I) donated property interests or services; 
‘‘(II) financial contributions by intercity pas-
senger, 
freight, 
and 
commuter 
rail 
carriers 
commensurate with the benefit expected to their 
operations; and 
‘‘(III) financial commitments from host rail-
roads, non-Federal governmental 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 completed before 
the date of enactment of the Passenger Rail Investment and 
Improvement Act of 2008 that substantially meet the require-
ments of chapter 227 of this title, as determined by the Sec-
retary pursuant to section 22506 of this title, shall be deemed
H. R. 2095—116 
by the Secretary 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. 
‘‘(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 financing, design, construction, 
operation, and maintenance of a high-speed intercity passenger 
rail system operating within a high-speed rail corridor, 
including— 
(A) the Northeast Corridor; 
(B) the California Corridor; 
(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 Sec-
retary not later than 270 days after the publication of such 
request for proposals under paragraph (1). 
(3) PERFORMANCE STANDARD.—Proposals submitted under 
paragraph (2) must meet any standards established by the 
Secretary. For corridors with existing 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 percent. 
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 Washington, 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 persons submit-
ting the proposal and the entities proposed to finance,
H. R. 2095—117 
design, construct, operate, and maintain the railroad, rail-
road equipment, and related facilities, stations, and infra-
structure; 
(B) a detailed description of the proposed rail service, 
including possible routes, required infrastructure invest-
ments 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 regula-
tions 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 stations are intended to serve; 
(E) the type of equipment to be used, including any 
technologies, to achieve trip time goals; 
(F) a description of any proposed legislation 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 contribu-
tion toward the project, and proposed sources; 
(iii) projected annual ridership projections for the 
first 10 years of operations; 
(iv) annual operations and capital costs; 
(v) the projected levels of capital investments 
required both initially and in subsequent years to 
maintain a state-of-good-repair necessary to provide 
the initially proposed level of service or higher levels 
of service; 
(vi) projected levels of private investment and 
sources thereof, including the identity of any person 
or entity that has made or is expected to make a 
commitment to provide or secure funding and the 
amount of such commitment; and 
(vii) projected funding for the full fair market com-
pensation for any asset, property right or interest, 
or service acquired from, owned, or held by a private 
person or Federal entity that would be acquired, 
impaired, 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 describing how the system will 
facilitate convenient travel connections with other transpor-
tation services; 
(I) a description of how the project will ensure compli-
ance 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, construction, 
implementation, and operation of the project will accommo-
date and allow for future growth of existing and projected 
intercity, commuter, and freight rail service;
H. R. 2095—118 
(K) a description of how the project would comply 
with Federal and State environmental laws and regula-
tions, of what the environmental impacts would result from 
the project, and how any adverse impacts would be miti-
gated; and 
(L) a description of the project’s impacts on highway 
and aviation congestion, energy consumption, land use, 
and economic development in the service area. 
(b) DETERMINATION AND ESTABLISHMENT OF COMMISSIONS.— 
Not later than 60 days after receipt of the proposals under sub-
section (a), the Secretary shall— 
(1) make a determination as to whether any such pro-
posals— 
(A) contain the information required under subsection 
(a)(3) and (4); 
(B) are sufficiently credible to warrant further consid-
eration; 
(C) are likely to result in a positive impact on the 
Nation’s transportation system; and 
(D) are cost-effective and in the public interest; and 
(2) establish a commission under subsection (c) for each 
corridor with one or more proposals that the Secretary deter-
mines 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 respec-
tive designees; 
(B) mayors of appropriate municipalities along the pro-
posed corridor, or their respective designees; 
(C) a representative from each freight railroad carrier 
using the relevant corridor, if applicable; 
(D) a representative from each transit authority 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 Secretary shall 
appoint the members under paragraph (1). In selecting each 
commission’s members to fulfill the requirements under para-
graph (1)(B) and (E), the Secretary shall consult with the 
Chairmen and Ranking Members of the Senate Committee 
on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastruc-
ture. 
(3) CHAIRPERSON AND VICE-CHAIRPERSON SELECTION.—The 
Chairperson and Vice-Chairperson shall be elected from among 
members of each commission. 
(4) QUORUM AND VACANCY.— 
(A) QUORUM.—A majority of the members of each 
commission shall constitute a quorum. 
(B) VACANCY.—Any vacancy in each commission shall 
not affect its powers and shall be filled in the same manner 
in which the original appointment was made.
H. R. 2095—119 
(5) APPLICATION OF LAW.—Except where otherwise 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 sub-
section (b)(2) shall be responsible for reviewing 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 proposal, 
including projected ridership, revenues, and costs; 
(C) proposed public and private contributions 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, completion, safety, and security; 
(G) a ranked list of the proposals recommended for 
further consideration under subsection (e) in accordance 
with each proposal’s projected positive impact on the 
Nation’s transportation system; 
(H) an identification of any proposed Federal legislation 
that would facilitate implementation of the projects and 
Federal legislation that would be required to implement 
the projects; and 
(I) any other recommendations by the commission con-
cerning the proposed projects. 
(2) VERBAL PRESENTATION.—Proposers shall be given an 
opportunity to make a verbal presentation to the commission 
to explain their proposals. 
(3) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Secretary for the use of each 
commission established under subsection (b)(2) such sums as 
are necessary to carry out this section. 
(e) SELECTION BY SECRETARY.— 
(1) Not later than 60 days after receiving the recommended 
proposals of the commissions established under subsection 
(b)(2), the Secretary shall— 
(A) review such proposals and select any proposal 
which provides substantial benefits to the public and the 
national transportation system, is cost-effective, offers 
significant advantages over existing services, and meets 
other relevant factors determined appropriate by the Sec-
retary; and 
(B) issue a report to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate containing any proposal with respect to sub-
section (a)(1)(A) that is selected by the Secretary under 
subparagraph (A) of this paragraph, all the information 
regarding the proposal provided to the Secretary under 
subsection (d), and any other relevant information deemed 
appropriate.
H. R. 2095—120 
(2) Following the submission of the report under paragraph 
(1)(B), the Secretary shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Transpor-
tation of the Senate a report containing any proposal with 
respect to subparagraphs (B) through (K) of subsection (a)(1) 
that are selected by the Secretary under paragraph (1) of this 
subsection, all the information regarding the proposal provided 
to the Secretary under subsection (d), and any other relevant 
information deemed appropriate. 
(3) The report required under paragraph (2) shall not be 
submitted by the Secretary until the report submitted under 
paragraph (1) has been considered through a hearing by the 
Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate on the report submitted under 
paragraph (1)(B). 
(f) PRELIMINARY ENGINEERING.—For planning and preliminary 
engineering activities that meet the criteria of section 26101 of 
title 49, United States Code, (other than subsections (a) and (b)(2)) 
that are undertaken after the Secretary submits reports to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate as required under subsection (e), 
not to exceed $5,000,000 is authorized to be appropriated from 
funds made available under section 26104(a) of such title. Only 
1 proposal for each corridor under subsection (a) shall be eligible 
for such funds. 
(g) NO ACTIONS WITHOUT ADDITIONAL AUTHORITY.—No Federal 
agency may take any action to implement, establish, facilitate, 
or otherwise act upon any proposal submitted under this section, 
other than those actions specifically authorized by this section, 
without explicit statutory authority enacted after the date of enact-
ment of this Act. 
(h) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) INTERCITY PASSENGER RAIL.—The term ‘‘intercity pas-
senger rail’’ means intercity rail passenger transportation as 
defined in section 24102 of title 49, United States Code. 
(2) STATE.—The term ‘‘State’’ means any of the 50 States 
or the District of Columbia. 
(3) NORTHEAST CORRIDOR.—The term ‘‘Northeast Corridor’’ 
has the meaning given under section 24102 of title 49, United 
States Code. 
(4) HIGH-SPEED
RAIL
CORRIDOR.—The terms ‘‘high-speed 
rail corridor’’ and ‘‘corridor’’ mean a corridor designated by 
the Secretary pursuant to section 104(d)(2) of title 23, United 
States Code, and the Northeast Corridor.