§ 26104. Authorization of appropriations

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.

1. 1994

   Swift Rail Development Act of 1994

   Pub. L. 103–440 title I § 103(a)(2) · 108 Stat. 4615

   Enacted · 49 U.S.C. § 26104

   Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4618

   Source evidence

   Code source credit
   Added Pub. L. 103–440, title I, § 103(a)(2), Nov. 2, 1994, 108 Stat. 4618

   Enacted provision · exact public law section
   (2) Subtitle V of title 49, United States Code, is amended by inserting after part C the following new part: “PART D— HIGH-SPEED RAIL “CHAPTER 261— HIGH-SPEED RAIL ASSISTANCE “Sec “26101. Corridor planning. “26102. High-speed rail technology improvements. “26103. Safety regulations. “26104. Authorization of appropriations. “26105. Definitions. “§ 26101. Corridor planning “(a) Corridor Planning Assistance.— (1) The Secretary may provide under this section financial assistance to a public agency or group of public agencies for corridor planning for up to 50 percent of the publicly financed costs associated with eligible activities. “(2) No less than 20 percent of the publicly financed costs associated with eligible activities shall come from State and local sources, which State and local sources may not include funds from any Federal program. “(b) Eligible Activities.— (1) A corridor planning activity is eligible for financial assistance under subsection (a) if the Secretary determines that it is necessary to establish appropriate engineering, operational, financial, environmental, or socioeconomic projections for the establishment of high-speed rail service in the corridor and that it leads toward development of a prudent financial and institutional plan for implementation of specific high-speed rail improvements. Eligible corridor planning activities include— “(A) environmental assessments; “(B) feasibility studies emphasizing commercial technology improvements or applications; “(C) economic analyses, including ridership, revenue, and operating expense forecasting; “(D) assessing the impact on rail employment of developing high-speed rail corridors; “(E) assessing community economic impacts; “(F) coordination with State and metropolitan area transportation planning and corridor planning with other States; “(G) operational planning; “(H) route selection analyses and purchase of rights-of- way for proposed high-speed rail service; “(I) preliminary engineering and design; “(J) identification of specific improvements to a corridor, including electrification, line straightening and other right-of-way improvements, bridge rehabilitation and replacement, use of advanced locomotives and rolling stock, ticketing, coordination with other modes of transportation, parking and other means of passenger access, track, signal, station, and other capital work, and use of intermodal terminals; “(K) preparation of financing plans and prospectuses; and “(L) creation of public/private partnerships. “(2) No financial assistance shall be provided under this section for corridor planning with respect to the main line of the Northeast Corridor, between Washington, District of Columbia, and Boston, Massachusetts. “(c) Criteria for Determining Financial Assistance.— Selection by the Secretary of recipients of financial assistance under this section shall be based on such criteria as the Secretary considers appropriate, including— “(1) the relationship of the corridor to the Secretary’s national high-speed ground transportation policy; “(2) the extent to which the proposed planning focuses on systems which will achieve sustained speeds of 125 mph or greater; “(3) the integration of the corridor into metropolitan area and statewide transportation planning; “(4) the potential interconnection of the corridor with other parts of the Nation’s transportation system, including the interconnection with other countries; “(5) the anticipated effect of the corridor on the congestion of other modes of transportation; “(6) whether the work to be funded will aid the efforts of State and local governments to comply with the Clean Air Act (42 U.S.C. 7401 et seq.); “(7) the past and proposed financial commitments and other support of State and local governments and the private sector to the proposed high-speed rail program, including the acquisition of rolling stock; “(8) the estimated level of ridership; “(9) the estimated capital cost of corridor improvements, including the cost of closing, improving, or separating highway-rail grade crossings; “(10) rail transportation employment impacts; “(11) community economic impacts; “(12) the extent to which the projected revenues of the proposed high-speed rail service, along with any financial commitments of State or local governments and the private sector, are expected to cover capital costs and operating and maintenance expenses; “(13) whether a specific route has been selected, specific improvements identified, and capacity studies completed; and “(14) whether the corridor has been designated as a high-speed rail corridor by the Secretary. “§ 26102. High-speed rail technology improvements “(a) Authority.— The Secretary may undertake activities for the improvement, adaptation, and integration of proven technologies for commercial application in high-speed rail service in the United States. “(b) Eligible Recipients.— In carrying out activities authorized by subsection (a), the Secretary may provide financial assistance to any United States private business, educational institution located in the United States, State or local government or public authority, or agency of the Federal Government. “(c) Consultation With Other Agencies.— In carrying out activities authorized by subsection (a), the Secretary shall consult with such other governmental agencies as may be necessary concerning the availability of appropriate technologies for commercial application in high-speed rail service in the United States. “§ 26103. Safety regulations “The Secretary shall promulgate such safety regulations as may be necessary for high-speed rail services. “§ 26104. Authorization of appropriations “(a) Fiscal Year 1995.— There are authorized to be appropriated to the Secretary $29,000,000 for fiscal year 1995, for carrying out sections 26101 and 26102 (including payment of administrative expenses related thereto). “(b) Fiscal Year 1996.— (1) There are authorized to be appropriated to the Secretary $40,000,000 for fiscal year 1996, for carrying out section 26101 (including payment of administrative expenses related thereto). “(2) There are authorized to be appropriated to the Secretary $30,000,000 for fiscal year 1996, for carrying out section 26102 (including payment of administrative expenses related thereto). “(c) FISCAL Year 1997.— (1) There are authorized to be appropriated to the Secretary $45,000,000 for fiscal year 1997, for carrying out section 26101 (including payment of administrative expenses related thereto). “(2) There are authorized to be appropriated to the Secretary $40,000,000 for fiscal year 1997, for carrying out section 26102 (including payment of administrative expenses related thereto). “(d) Funds to Remain Available.— Funds made available under this section shall remain available until expended. 26105. Definitions “For purposes of this chapter— “(1) the term ‘financial assistance’ includes grants, contracts, and cooperative agreements; “(2) the term ‘high-speed rail’ has the meaning given such term under section 511(n) of the Railroad Revitalization and Regulatory Reform Act of 1976; “(3) the term ‘publicly financed costs’ means the costs funded after April 29, 1993, by Federal, State, and local governments; “(4) the term ‘Secretary’ means the Secretary of Transportation; “(5) the term ‘State’ means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States; and “(6) the term ‘United States private business’ means a business entity organized under the laws of the United States, or of a State, and conducting substantial business operations in the United States.”.

2. 1998

   Transportation Equity Act for the 21st Century

   Pub. L. 105–178 title VII § 7201(a) · 112 Stat. 107

   1. Added · 49 U.S.C. § 26104(d)(h)

      Pub. L. 105–178 added subsecs. (d) to (g)

   2. Redesignated · 49 U.S.C. § 26104(d)(h)

      Pub. L. 105–178 redesignated former subsec. (d) as (h)

   Source evidence

   Code amendment note
   Subsecs. (d) to (h). Pub. L. 105–178 added subsecs. (d) to (g) and redesignated former subsec. (d) as (h).

   Enacted provision · exact public law section
   (a) Authorization of Appropriations.— Section 26104 of title 49, United States Code, is amended— (1) by redesignating subsection (d) as subsection (h); and (2) by inserting after subsection (c) the following new subsections: “(d) Fiscal Year 1998.— (1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 1998, for carrying out section 26101 (including payment of administrative expenses related thereto). “(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 1998, for carrying out section 26102 (including payment of administrative expenses related thereto). “(e) Fiscal Year 1999.— (1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 1999, for carrying out section 26101 (including payment of administrative expenses related thereto). “(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 1999, for carrying out section 26102 (including payment of administrative expenses related thereto). “(f) Fiscal Year 2000.— (1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2000, for carrying out section 26101 (including payment of administrative expenses related thereto). “(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 2000, for carrying out section 26102 (including payment of administrative expenses related thereto). “(g) Fiscal Year 2001.— (1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2001, for carrying out section 26101 (including payment of administrative expenses related thereto). “(2) There are authorized to be appropriated to the Secretary $25,000,000 for fiscal year 2001, for carrying out section 26102 (including payment of administrative expenses related thereto).”.

3. 2005

   Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

   Pub. L. 109–59 title IX § 9001(b) · 119 Stat. 1144

   Amended · 49 U.S.C. § 26104

   Pub. L. 109–59 amended heading and text of section generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to authorization of appropriations for fiscal years 1995 through 2001 and availability of funds

   Source evidence

   Code amendment note
   Pub. L. 109–59 amended heading and text of section generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to authorization of appropriations for fiscal years 1995 through 2001 and availability of funds.

   Enacted provision · exact public law section
   (b) Authorization of Appropriations.— Section 26104 of title 49, United States Code, is amended to read as follows: “§ 26104. Authorization of appropriations “(a) Fiscal Years 2006 Through 2013.— There are authorized to be appropriated to the Secretary— “(1) $70,000,000 for carrying out section 26101; and “(2) $30,000,000 for carrying out section 26102, for each of the fiscal years 2006 through 2013. “(b) Funds To Remain Available.— Funds made available under this section shall remain available until expended.” .

4. 2008

   Pub. L. 110–432 div. B title V § 501(b) · 122 Stat. 4848

   Substituted · 49 U.S.C. § 26104(a)(1)

   Pub. L. 110–432 substituted “$30,000,000” for “$70,000,000”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 110–432 substituted “$30,000,000” for “$70,000,000”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— The chapter analysis for chapter 11 is amended by inserting after the item relating to section 1138 the following: “1139. Assistance to families of passengers involved in rail passenger accidents.”.

5 of 5 references resolved to an enrolled provision