S.Amdt. 2599

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   Inserted: Part --Rail Modernization SEC. 1. SHORT TITLE.

   Inserted: This part may be cited as the "Railroad Track Modernization Act of 2004".

   Inserted: SEC. 2. CAPITAL GRANTS FOR RAILROAD TRACK.

   Inserted: (a) Authority.--Chapter 223 of title, 49, United States Code, is amended to read as follows:

   Inserted: "CHAPTER 223--CAPITAL, GRANTS FOR RAILROAD TRACK

   Inserted: "Sec.

   Inserted: "22301. Capital grants for railroad track "32303. State rail plans "22303. Purposes "22304. Content "22305. Approval "22306. Standards and conditions "22307. Definitions "Sec. 22301. Capital grants for railroad track

   Inserted: "(a) Establishment of Program.--

   Inserted: "(1) Establishment.--The Secretary of Transportation shall establish a program of capital grants for the rehabilitation, preservation, or improvement of railroads. Such grants shall be for rail transportation and ensuring that track can be operated safely and efficiently, including grants for rehabilitating, preserving, or improving track. Grants may be provided under this chapter to a State or a group of States for, or in connection with, 1 or more rail capital projects that--

   Inserted: "(A) are listed in a State rail plan approved for such State under chapter 225 of this title; and

   Inserted: "(B) as determined by the Secretary, would primarily benefit intercity passenger rail infrastructure or services or freight rail transportation infrastructure or services and provide significant public benefits.

   Inserted: "(2) Regulations.--

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   Inserted: "(A) In general.--The Secretary shall prescribe regulations to carry out the program under this section.

   Inserted: "(B) Criteria.--In developing the regulations, the Secretary shall establish criteria that--

   Inserted: "(i) condition the award of a grant on reasonable assurances that the facilities to be rehabilitated and improved will be economically and efficiently utilized;

   Inserted: "(ii) ensure that the award of a grant is justified by present and probable future demand for rail services; and

   Inserted: "(iii) ensure that projects are part of a State rail plan.

   Inserted: "(C) Grant Allocations.--Of the total amount made available for the program, 50 percent shall be awarded on a discretionary basis for passenger rail projects, and the remaining 50 percent shall be apportioned to States to fund freight rail projects in accordance with a formula prescribed by the Secretary to weigh equally for each State--

   Inserted: "(1) the number of rail miles in active use in the State;

   Inserted: "(ii) the number of rail cars loaded in the State;

   Inserted: "(iii) the number of rail cars unloaded in the State; and

   Inserted: "(iv) the number of railroad and public road grade crossings in the State.

   Inserted: "(b) Federal Share.--The Federal share for carrying out a project under this section shall be 80 percent of the project cost. The non-Federal share may be provided by any non-Federal source in cash, equipment, or supplies. Other in-kind contributions may be approved by the Secretary on a case by case basis consistent with this chapter.

   Inserted: "(c) Authorization of Appropriations.--Notwithstanding section 4635 of the Railroad Track Modernization Act of 2004, there are authorized to be appropriated to the Secretary of Transportation $2,000,000,000 for each of the fiscal years 2005, 2006, 2007, 2008, 2009, 2010 to carry out this section.

   Inserted: "Sec. 22302. State rail plans

   Inserted: "(a) In General.--Each State may prepare and maintain a State rail plan in accordance with the provisions of this chapter.

   Inserted: "(b) Requirements.--For the preparation and periodic revision of a State rail plan, a State shall--

   Inserted: "(1) establish or designate a State rail transportation authority to prepare, maintain, coordinate, and administer the plan;

   Inserted: "(2) establish or designate a State rail plan approval authority to approve the plan;

   Inserted: "(3) submit the State's approved plan to the Secretary of Transportation for review; and

   Inserted: "(4) revise and resubmit a State-approved plan no less frequently than once every 5 years for reapproval by the Secretary.

   Inserted: "Sec. 22303. Purposes

   Inserted: "(a) Purposes.--The purposes of a State rail plan are as follows:

   Inserted: "(1) To set forth State policy involving freight and passenger rail transportation, including commuter rail operations, in the State.

   Inserted: "(2) To establish the period covered by the State rail plan.

   Inserted: "(3) To present priorities and strategies to enhance rail service in the State that benefits the public.

   Inserted: "(4) To serve as the basis for Federal and State rail investments within the State.

   Inserted: "(b) Coordination.--A State rail plan shall be coordinated with other State transportation planning goals and programs and set forth rail transportation's role within the State transportation system. A State shall provide adequate and reasonable notice and opportunity for comment and other input to the public, rail carriers, commuter and transit authorities operating in, or affected by rail operations within the State, units of local government, and other interested parties in the preparation and review of its State rail plan.

   Inserted: "Sec. 22304. Content

   Inserted: "(a) In General.--Each State rail plan shall contain the following:

   Inserted: "(1) An inventory of the existing overall rail transportation system and rail services and facilities within the State and an analysis of the role of rail transportation within the State's surface transportation system.

   Inserted: "(2) A comprehensive review of all rail lines within the State, including proposed high speed rail corridors and significant rail line segments not currently in service.

   Inserted: "(3) A general analysis of rail's transportation, economic, and environmental impacts in the State, including congestion mitigation, trade and economic development, air quality, land-use, energy-use, and community impacts.

   Inserted: "(4) A long-range rail investment program for current and future freight and passenger infrastructure in the State that meets the requirements of subsection (b).

   Inserted: "(5) A statement of public financing issues for rail projects in the State.

   Inserted: "(6) An identification of rail infrastructure issues within the State that reflects consultation with all relevant stake holders.

   Inserted: "(7) A review of major passenger and freight intermodal rail connections and facilities within the State, including seaports.

   Inserted: "(g) A statement that the State is in compliance with the requirements of section 22102.

   Inserted: "(b) Long-Range Service and Investment Program.--

   Inserted: "(1) Program content.--A long-range rail investment program included in a State rail plan under subsection (a)(4) shall include the following matters:

   Inserted: "(A) Two lists for rail capital projects, 1 for freight rail capital projects and 1 for intercity passenger rail capital projects.

   Inserted: "(B) A detailed funding plan for the projects.

   Inserted: "(2) Project list content.--The list of freight and intercity passenger rail capital projects shall contain--

   Inserted: "(A) a description of the anticipated public and private benefits of each such project; and

   Inserted: "(B) a statement of the correlation between--

   Inserted: "(i) public funding contributions for the projects; and

   Inserted: "(ii) the public benefits.

   Inserted: "(3) Considerations for project list.--In preparing the list of freight and intercity passenger rail capital projects, a State rail transportation authority shall take into consideration the following matters:

   Inserted: "(A) Contributions made, by non-Federal and non-State sources through user fees, matching funds, or other private capital involvement.

   Inserted: "(B) Rail capacity and congestion effects.

   Inserted: "(C) Effects to highway, aviation, and maritime capacity, congestion, or safety.

   Inserted: "(D) Regional balance.

   Inserted: "(E) Environmental impact.

   Inserted: "(F) Economic and employment impacts.

   Inserted: "(G) Projected ridership and other service measures for passenger rail projects.

   Inserted: "(c) Waiver.--The Secretary may waive any requirement of subsection (a) upon application under circumstances that the Secretary determines appropriate.

   Inserted: "22305. Approval

   Inserted: "(a) Criteria.--The Secretary may approve a State rail plan for the purposes of this chapter if--

   Inserted: "(1) the plan meets all of the requirements applicable to State plans under this chapter;

   Inserted: "(2) for each ready-to-commence project listed on the ranked list of freight and intercity passenger rail capital projects under the plan--

   Inserted: "(A) the project meets all safety and environmental requirements including those prescribed under the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) that are applicable to the project under law; and

   Inserted: "(B) the State has entered into an agreement with any owner of rail infrastructure or right of way directly affected by the project that provides for the State to proceed with the project; and

   Inserted: "(3) the content of the plan is coordinated with State transportation plans developed pursuant to the requirements of section 135 of title 23.

   Inserted: "22306. Standards and conditions "A person that conducts rail operations over rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under section 22301--

   Inserted: (1) shall be considered an employer for purposes of the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); and

   Inserted: (2) shall be considered a carrier for purposes of the Railway Labor Act (43 U.S.C. 151 et seq.).

   Inserted: require as a condition of any grant made under this section that the recipient railroad provide a fair arrangement at least as protective of the interests of employees who are affected by the project to be funded with the grant as the terms imposed under section 11326(a), as in effect on the date of the enactment of the Railroad Track Modernization Act of 2001.

   Inserted: "(g) Labor Standards.--

   Inserted: "(1) Prevailing wages.--The Secretary shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made under this section will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a et seq.). The Secretary shall make a grant under this section only after being assured that required labor standards will be maintained on the construction work.

   Inserted: "(2) Wage rates.--Wage rates in a collective bargaining agreement negotiated under the Railway Labor Act (45 U.S.C. 151 et seq.) are deemed for purposes of this subsection to comply with the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a et seq.).

   Inserted: "22307. Definitions In this chapter:

   Inserted: "(1) Private benefit.--The term 'private benefit'--

   Inserted: "(A) means a benefit accrued to a person or private entity, other than the National Railroad Passenger Corporation, that directly improves the economic and competitive condition of that person or entity through improved assets, cost reductions, service improvements, or any other means as defined by the Secretary; and

   Inserted: "(B) shall he determined on a project-by-project basis, based upon an agreement between the parties.

   Inserted: "(2) Public benefit.--The term 'public benefit'--

   Inserted: "(A) means a benefit accrued to the public in the form of enhanced mobility of people or goods, environmental protection or enhancement, congestion mitigation, enhanced trade and economic development, improved air quality or land use, more efficient energy use, enhanced public safety or security, reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, and any other positive community effects as defined by the Secretary; and

   Inserted: "(B) shall be determined on a project-by-project basis, based upon an agreement between the parties.".

   Inserted: (b) Conforming Amendment.--The item relating to chapter 223 in the table of chapters of subtitle V of title 49, United States Code, is amended to read as follows:

   Inserted: "223. CAPITAL GRANTS FOR RAILROAD TRACK...................22301".....

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