Title 49 — Transportation

Part B · Chapter 227 — State Rail Plans

§ 22705. Content

Statutory text

In General.—

Each State rail plan shall, at a minimum, contain the following:

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.

A review of all rail lines within the State, including proposed high-speed rail corridors and significant rail line segments not currently in service.

A statement of the State’s passenger rail service objectives, including minimum service levels, for rail transportation routes in the State.

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.

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

A statement of public financing issues for rail projects and service in the State, including a list of current and prospective public capital and operating funding resources, public subsidies, State taxation, and other financial policies relating to rail infrastructure development.

An identification of rail infrastructure issues within the State that reflects consultation with all relevant stakeholders.

A review of major passenger and freight intermodal rail connections and facilities within the State, including seaports, and prioritized options to maximize service integration and efficiency between rail and other modes of transportation within the State.

A review of publicly funded projects within the State to improve rail transportation safety and security, including all major projects funded under section 130 of title 23.

A performance evaluation of passenger rail services operating in the State, including possible improvements in those services, and a description of strategies to achieve those improvements.

A compilation of studies and reports on high-speed rail corridor development within the State not included in a previous plan under this subchapter,1 and a plan for funding any recommended development of such corridors in the State.

Long-Range Service and Investment Program.—

Program content.—

A long-range rail investment program included in a State rail plan under subsection (a)(5) shall, at a minimum, include the following matters:

A list of any rail capital projects expected to be undertaken or supported in whole or in part by the State.

A detailed funding plan for those projects.

Project list content.—

The list of rail capital projects shall contain—

a description of the anticipated public and private benefits of each such project; and

a statement of the correlation between—

public funding contributions for the projects; and

the public benefits.

Considerations for project list.—

In preparing the list of freight and intercity passenger rail capital projects, a State rail transportation authority should take into consideration the following matters:

Contributions made by non-Federal and non-State sources through user fees, matching funds, or other private capital involvement.

Rail capacity and congestion effects.

Effects on highway, aviation, and maritime capacity, congestion, or safety.

Regional balance.

Environmental impact.

Economic and employment impacts.

Projected ridership and other service measures for passenger rail projects.

Footnotes

1 So in original. Probably should be “chapter,”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2008
Pub. L. 110–432 div. B title III § 303(a) · 122 Stat. 4848
Enacted · 49 U.S.C. § 22705
Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4949
Source evidence
Code source credit
Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4949
Enacted provision · exact public law section
(a) In General.— Subchapter I of chapter 201, as amended by section 109 of this division, is amended by adding at the end the following: “§ 20120. Enforcement report “(a) In General.— Beginning Effective date. Public information. Web site. not later than December 31, 2009, the Secretary of Transportation shall make available to the public and publish on its public website an annual report that— “(1) provides a summary of railroad safety and hazardous materials compliance inspections and audits that Federal or State inspectors conducted in the prior fiscal year organized by type of alleged violation, including track, motive power and equipment, signal, grade crossing, operating practices, accident and incidence reporting, and hazardous materials; “(2) provides a summary of all enforcement actions taken by the Secretary or the Federal Railroad Administration during the prior fiscal year, including— “(A) the number of civil penalties assessed; “(B) the initial amount of civil penalties assessed; “(C) the number of civil penalty cases settled; “(D) the final amount of civil penalties assessed; “(E) the difference between the initial and final amounts of civil penalties assessed; “(F) the number of administrative hearings requested and completed related to hazardous materials transportation law violations or enforcement actions against individuals; “(G) the number of cases referred to the Attorney General for civil or criminal prosecution; “(H) the number and subject matter of all compliance orders, emergency orders, or precursor agreements; “(3) analyzes the effect of the number of inspections conducted and enforcement actions taken on the number and rate of reported accidents and incidents and railroad safety; “(4) provide the information required by paragraphs (2) and (3)— “(A) for each Class I railroad individually; and “(B) in the aggregate for— “(i) Class II railroads; “(ii) Class III railroads; “(iii) hazardous materials shippers; and “(iv) individuals; “(5) identifies the number of locomotive engineer certification denial or revocation cases appealed to and the average length of time it took to be decided by— “(A) the Locomotive Engineer Review Board; “(B) an Administrative Hearing Officer or Administrative Law Judge; or “(C) the Administrator of the Federal Railroad Administration; “(6) provides an explanation regarding any changes in the Secretary’s or the Federal Railroad Administration’s enforcement programs or policies that may substantially affect the information reported; and “(7) includes any additional information that the Secretary determines is useful to improve the transparency of its enforcement program.” .
2015
Passenger Rail Reform and Investment Act of 2015
Pub. L. 114–94 div. A title XI § 11315(a)(2) · 129 Stat. 1312
Struck · 49 U.S.C. § 22705(a)(12)
Pub. L. 114–94 struck out par. (12) which read as follows: “A statement that the State is in compliance with the requirements of section 22102.”
Source evidence
Code amendment note
Subsec. (a)(12). Pub. L. 114–94 struck out par. (12) which read as follows: “A statement that the State is in compliance with the requirements of section 22102.”
Enacted provision · exact public law section
(2) Contents of state rail plans.— Section 22705(a) of title 49, United States Code, is amended by striking paragraph (12).
Effective date note
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

2015—Subsec. (a)(12). Pub. L. 114–94 struck out par. (12) which read as follows: “A statement that the State is in compliance with the requirements of section 22102.”

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Credits

2008–2015 · 2 acts

2008Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4949
2015amended Pub. L. 114–94, div. A, title XI, § 11315(a)(2), Dec. 4, 2015, 129 Stat. 1674.

Show as published

(Added Pub. L. 110–432, div. B, title III, § 303(a), Oct. 16, 2008, 122 Stat. 4949; amended Pub. L. 114–94, div. A, title XI, § 11315(a)(2), Dec. 4, 2015, 129 Stat. 1674.)