I 117th CONGRESS 2d Session H. R. 9581 IN THE HOUSE OF REPRESENTATIVES December 15, 2022 Mr. Donalds (for himself, Mr. Nehls , Mr. Guest , Mr. Bost , Mr. Rodney Davis of Illinois , and Mr. Feenstra ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide emergency relief for American short line railroads, and for other purposes.

1. Short title This Act may be cited as the Short Line Railroad Relief Act . 2. Short line railroad emergency relief program (a) General authority The Secretary of Transportation, in consultation with the Administrator of the Federal Railroad Administration, may make grants or enter into contracts and other agreements (including agreements with departments, agencies, and instrumentalities of the Federal, State, or local government) for capital projects to protect, repair, reconstruct, or replace short line railroad equipment and facilities that the Secretary determines is in danger of suffering catastrophic damage, or has suffered catastrophic damage, as a result of an emergency. (b) Terms In making grants under subsection (a), the Secretary may make grants on a reimbursable basis or advance funding basis. (c) Coordination of emergency funds Funds appropriated to carry out this section shall be in addition to any other funds available and shall not affect the ability of any other agency of the Government, a State agency, a local governmental entity or organization, or person to provide any other funds otherwise authorized by law, except that no person, business concern, or other entity shall receive assistance with respect to any part of a loss as to which such person, business concern, or other entity has received financial assistance under any other program or from insurance or any other source. (d) Grant requirements (1) In general A grant awarded under this section that is made to address an emergency shall be subject to the terms and conditions the Secretary determines are necessary. (2) Oversight funds The Secretary may retain up to one-half of 1 percent of the funds appropriated under this section to fund the costs of project management oversight by the Administrator of the Federal Railroad Administration. (3) Application of law The provisions of section 24312 of title 49, United States Code, shall apply to entities receiving a grant under this section. (e) Government share of costs (1) In general A grant, contract, or other agreement for a capital project under this section shall be for not more than 80 percent of the project cost, as determined by the Secretary. The non-Federal share of the project cost shall be provided in cash, equipment, or supplies. (2) Waiver The Secretary may waive, in whole or in part, the non-Federal share. (f) Limitation (1) In general Project costs under this section shall be limited to the scope of damage caused by the respective emergency. (2) Determination In the case of a project that included damage preexisting the respective emergency, the Administrator shall make a determination on the amount or percentage of the damages preexisting such emergency. (g) Definitions In this section the following definitions shall apply: (1) Emergency The term emergency means a natural disaster affecting a wide area (such as a flood, wildfire, hurricane, derecho, tidal wave, earthquake, severe storm, landslide, or avalanche) or a failure due to a disaster as a result of— (A) natural causes; (B) man-made causes beyond the control of a short line railroad operator, including regulatory restrictions (including those imposed as a result of judicial action) imposed to protect human health or the environment; or (C) undetermined causes. (2) Short line railroad The term short line railroad means a Class II railroad or a Class III railroad as such terms are defined by the Surface Transportation Board.