
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC26101]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                         PART D--HIGH-SPEED RAIL
 
                 CHAPTER 261--HIGH-SPEED RAIL ASSISTANCE
 
Sec. 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.

(Added Pub. L. 103-440, title I, Sec. 103(a)(2), Nov. 2, 1994, 108 Stat. 
4616.)

                       References in Text

    The Clean Air Act, referred to in subsec. (c)(6), is act July 14, 
1955, ch. 360, 69 Stat. 322, as amended, which is classified generally 
to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and 
Welfare. For complete classification of this Act to the Code, see Short 
Title note set out under section 7401 of Title 42 and Tables.


                            Prior Provisions

    A prior section 26101 was renumbered section 28101 of this title.


                     Congressional Findings; Purpose

    Section 102 of title I of Pub. L. 103-440 provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) high-speed rail offers safe and efficient transportation 
    in certain densely traveled corridors linking major metropolitan 
    areas in the United States;
        ``(2) high-speed rail may have environmental advantages over 
    certain other forms of intercity transportation;
        ``(3) Amtrak's Metroliner service between Washington, District 
    of Columbia, and New York, New York, the United States premier high-
    speed rail service, has shown that Americans will use high-speed 
    rail when that transportation option is available;
        ``(4) new high-speed rail service should not receive Federal 
    subsidies for operating and maintenance expenses;
        ``(5) State and local governments should take the prime 
    responsibility for the development and implementation of high-speed 
    rail service;
        ``(6) the private sector should participate in funding the 
    development of high-speed rail systems;
        ``(7) in some intercity corridors, Federal planning assistance 
    may be required to supplement the funding commitments of State and 
    local governments and the private sector to ensure the adequate 
    planning, including reasonable estimates of the costs and benefits, 
    of high-speed rail systems;
        ``(8) improvement of existing technologies can facilitate the 
    development of high-speed rail systems in the United States; and
        ``(9) Federal assistance is required for the improvement, 
    adaptation, and integration of proven technologies for commercial 
    application in high-speed rail service in the United States.
    ``(b) Purpose.--The purpose of this title [see Short Title of 1994 
Amendment note set out under section 20101 of this title] is to 
encourage farsighted State, local, and private efforts in the analysis 
and planning for high-speed rail systems in appropriate intercity 
corridors.''

                  Section Referred to in Other Sections

    This section is referred to in section 26104 of this title.
