References in Text
Section 104(b)(3)(A) as in effect on the day before the date of enactment of the MAP–21, referred to in subsec. (f)(1), means section 104(b)(3)(A) of this title as in effect on the day before the date of enactment of [Pub. L. 112–141], which amended section 104 generally. The date of enactment of the MAP–21 is deemed to be Oct. 1, 2012, see section 3(a), (b) of [Pub. L. 112–141], set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (l), is the date of enactment of div. A of [Pub. L. 110–432], which was approved Oct. 16, 2008.
Amendments
2021—Subsec. (e). [Pub. L. 117–58, § 11108(a)(1)], substituted “Railway-Highway Grade Crossings” for “Protective Devices” in heading.
Subsec. (e)(1)(A). [Pub. L. 117–58, § 11108(a)(2)(A)], substituted “, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.” for “and the installation of protective devices at railway-highway crossings at least—” and cls. (i) to (v) which set out amounts to be set aside for fiscal years 2016 to 2020.
Subsec. (e)(1)(B). [Pub. L. 117–58, § 11108(a)(2)(B)], added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “At least ½ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings.”
Subsec. (f)(3). [Pub. L. 117–58, § 11108(b)], substituted “100 percent” for “90 percent”.
Subsec. (g). [Pub. L. 117–58, § 22403(c)], amended subsec. (g) generally. Prior to amendment, subsec. (g) required annual reports on the progress being made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements.
[Pub. L. 117–58, § 11525(f)], substituted “and Transportation of the Senate” for “and Transportation, of the Senate”, “thereafter, on” for “thereafter,, on”, and “implementation of the railway-highway” for “implementation of the railroad highway”.
Subsec. (i)(3)(B). [Pub. L. 117–58, § 11108(c)], substituted “$100,000” for “$7,500”.
Subsec. (k). [Pub. L. 117–58, § 11108(d)], substituted “8 percent” for “2 percent”.
2015—[Pub. L. 114–94, § 1446(d)(5)(B)], amended [Pub. L. 112–141, § 1519(c)]. See 2012 Amendment notes below.
Subsec. (a). [Pub. L. 114–94, § 1412], substituted “the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains” for “and the relocation of highways to eliminate grade crossings”.
Subsec. (e)(1). [Pub. L. 114–94, § 1108], amended par. (1) generally. Prior to amendment, text read as follows: “Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings. At least ½ of the funds authorized for and expended under this section shall be available for the installation of protective devices at railway-highway crossings. Sums authorized to be appropriated to carry out this section shall be available for obligation in the same manner as funds apportioned under section 104(b)(1) of this title.”
2012—Subsec. (e)(1). [Pub. L. 112–141, § 1519(c)(5)(A)], formerly § 1519(c)(6)(A), as renumbered by [Pub. L. 114–94, § 1446(d)(5)(B)], substituted “section 104(b)(3)” for “section 104(b)(5)”.
Subsec. (f)(1). [Pub. L. 112–141, § 1519(c)(5)(B)], formerly § 1519(c)(6)(B), as renumbered by [Pub. L. 114–94, § 1446(d)(5)(B)], inserted “as in effect on the day before the date of enactment of the MAP–21” after “section 104(b)(3)(A)”.
Subsec. (l)(3), (4). [Pub. L. 112–141, § 1519(c)(5)(C)], formerly § 1519(c)(6)(C), as renumbered by [Pub. L. 114–94, § 1446(d)(5)(B)], struck out pars. (3) and (4) which related to rulemaking authority and definitions.
2008—Subsec. (e)(2). [Pub. L. 110–244, § 101](l), substituted “highway safety improvement program purposes” for “purposes under this subsection”.
Subsec. (l). [Pub. L. 110–432] added subsec. (l).
2005—Subsec. (e). [Pub. L. 109–59, § 1401(c)(1)], formerly § 1401(d)(1), as renumbered by [Pub. L. 110–244, § 101(s)(1)], designated existing provisions as par. (1), inserted after par. designation “In general.—Before making an apportionment under section 104(b)(5) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings.”, and added par. (2).
Subsec. (f). [Pub. L. 109–59, § 1401(c)(2)], formerly § 1401(d)(2), as renumbered by [Pub. L. 110–244, § 101(s)(1)], reenacted heading without change and amended text of subsec. (f) generally. Prior to amendment, text read as follows: “Twenty-five percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(2) of this title, 25 percent of such funds shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(6) of this title, and 50 percent of such funds shall be apportioned to the States in the ratio that total railway-highway crossings in each State bears to the total of such crossings in all States. The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost thereof.”
Subsec. (g). [Pub. L. 109–59, § 1401(c)(3)], formerly § 1401(d)(3), as renumbered by [Pub. L. 110–244, § 101(s)(1)], in third sentence inserted “and the Committee on Commerce, Science, and Transportation,” after “Public Works” and substituted “, not later than April 1, 2006, and every 2 years thereafter,” for “not later than April 1 of each year”.
Subsec. (k). [Pub. L. 109–59, § 1401(c)(4)], formerly § 1401(d)(4), as renumbered by [Pub. L. 110–244, § 101(s)(1)], added subsec. (k).
1998—Subsec. (a). [Pub. L. 105–178, § 1111(d)], substituted “Subject to section 120” for “Except as provided in subsection (d) of section 120 of this title” in first sentence and “subject to section 120” for “except as provided in subsection (d) of section 120 of this title” in second sentence.
Subsec. (c). [Pub. L. 105–178, § 1212(a)(2)(A)(i)], substituted “State transportation department” for “State highway department”.
Subsec. (j). [Pub. L. 105–178, § 1202(d)], added subsec. (j).
1996—Subsec. (i). [Pub. L. 104–205] added subsec. (i).
1995—Subsec. (g). [Pub. L. 104–59] substituted “Committee on Transportation and Infrastructure” for “Committee on Public Works and Transportation” in third sentence.
1987—Subsecs. (d) to (h). [Pub. L. 100–17] added subsecs. (d) to (h).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by sections 11108(a)–(d) and 11525(f) of [Pub. L. 117–58] effective Oct. 1, 2021, see [section 10003 of Pub. L. 117–58], set out as a note under section 101 of this title.
Effective Date of 2015 Amendment
Except as otherwise provided, 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.
[Pub. L. 114–94, div. A, title I, § 1446(d)], Dec. 4, 2015, [129 Stat. 1438], provided that the amendment made by section 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in [Pub. L. 112–141] as enacted.
Effective Date of 2012 Amendment
Amendment by [Pub. L. 112–141] effective Oct. 1, 2012, see [section 3(a) of Pub. L. 112–141], set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Federal Share of Costs for Construction To Eliminate Hazards
[Pub. L. 106–246, div. B, title II, § 2604], July 13, 2000, [114 Stat. 559], provided that: “Notwithstanding any other provision of law, hereafter, funds apportioned under [former] section 104(b)(3) of title 23 which are applied to projects involving the elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, and the relocation of highways to eliminate grade crossings, may have a Federal share up to 100 percent of the cost of construction.”
Federal-State Cooperation
[Pub. L. 104–59, title III, § 351(b)], (c), Nov. 28, 1995, [109 Stat. 622], 623, provided that:“(b)
Safety Enforcement.—
“(1)
Cooperation between federal and state agencies.—
The National Highway Traffic Safety Administration and the Office of Motor Carriers within the Federal Highway Administration shall cooperate and work, on a continuing basis, with the National Association of Governors’ Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve compliance with and enforcement of laws and regulations pertaining to railroad-highway grade crossings.
“(2)
Report.—
Not later than June 1, 1998, the Secretary shall submit to Congress a report indicating—
“(A)
how the Department of Transportation worked with the entities referred to in paragraph (1) to improve the awareness of the highway and commercial vehicle safety and law enforcement communities of regulations and safety challenges at railroad-highway grade crossings; and
“(B)
how resources are being allocated to better address these challenges and enforce such regulations.
“(c)
Federal-State Partnership.—
“(1)
Statement of policy.—
“(A)
Hazards to safety.—
Certain railroad-highway grade crossings present inherent hazards to the safety of railroad operations and to the safety of persons using those crossings. It is in the public interest—
“(i)
to promote grade crossing safety and reduce risk at high risk railroad-highway grade crossings; and
“(ii)
to reduce the number of grade crossings while maintaining the reasonable mobility of the American people and their property, including emergency access.
“(B)
Effective programs.—
Effective programs to reduce the number of unneeded and unsafe railroad-highway grade crossings require the partnership of Federal, State, and local officials and agencies, and affected railroads.
“(C)
Highway planning.—
Promotion of a balanced national transportation system requires that highway planning specifically take into consideration grade crossing safety.
“(2)
Partnership and oversight.—
The Secretary shall encourage each State to make progress toward achievement of the purposes of this subsection.”
Vehicle Proximity Alert System
[Pub. L. 102–240, title I, § 1072], Dec. 18, 1991, [105 Stat. 2012], provided that: “The Secretary shall coordinate the field testing of the vehicle proximity alert system and comparable systems to determine their feasibility for use by priority vehicles as an effective railroad-highway grade crossing safety device. In the event the vehicle proximity alert or a comparable system proves to be technologically and economically feasible, the Secretary shall develop and implement appropriate programs under section 130 of title 23, United States Code, to provide for installation of such devices where appropriate.”
Railway-Highway Crossing Hazards; National Highway Information Program Funding
[Pub. L. 100–457, title III, § 324], Sept. 30, 1988, [102 Stat. 2150], provided that: “Notwithstanding any other provision of law, the Secretary shall make available $250,000 per year for a national public information program to educate the public of the inherent hazard at railway-highway crossings. Such funds shall be made available out of funds authorized to be appropriated out of the Highway Trust Fund, pursuant to section 130 of title 23, United States Code.”
Similar provisions were contained in the following prior appropriation act:
[Pub. L. 100–202, § 101](l) [title III, § 339], Dec. 22, 1987, [101 Stat. 1329–358], 1329–386.
Railroad-Highway Crossings Study and Report
[Pub. L. 100–17, title I, § 159], Apr. 2, 1987, [101 Stat. 211], directed Secretary of Transportation to conduct a study of national highway-railroad crossing improvement and maintenance needs, with Secretary to consult with State highway administrations, the Association of American Railroads, highway safety groups, and any other appropriate entities in carrying out this study, and directed Secretary, not later than 24 months after Apr. 2, 1987, to submit a final report to Congress on results of the study along with recommendations of how crossing needs can be addressed in a cost effective manner.
Study and Investigation of Alleviation of Environmental, Social, etc., Impacts of Increased Unit Train Traffic
[Pub. L. 95–599, title I, § 162], Nov. 6, 1978, [92 Stat. 2720], authorized Secretary of Transportation, in cooperation with State highway departments and appropriate officials of local government, to undertake a comprehensive investigation and study of techniques for alleviating the environmental, social, economic, and developmental impacts of increased unit train traffic to meet national energy requirements in communities located along rail corridors experiencing such increased traffic and directed Secretary to report to Congress on results of such investigation and study not later than Mar. 31, 1979.
Demonstration Project, Railroad-Highway Crossings; Reports to President and Congress; Appropriations Authorization; Highway Safety Study, Report to Congress
[Pub. L. 93–87, title I, § 163], Aug. 13, 1973, [87 Stat. 280], as amended by [Pub. L. 93–643, § 104], Jan. 4, 1975, [88 Stat. 2282]; [Pub. L. 94–280, title I, § 140(a)]–(e), May 5, 1976, [90 Stat. 444]; [Pub. L. 95–599, title I, § 134(a)]–(c), Nov. 6, 1978, [92 Stat. 2709]; [Pub. L. 96–470, title II, § 209(b)], Oct. 19, 1980, [94 Stat. 2245]; [Pub. L. 97–424, title I, § 151], Jan. 6, 1983, [96 Stat. 2132]; [Pub. L. 100–17, title I], §§ 133(c)(3), 148, Apr. 2, 1987, [101 Stat. 172], 181; [Pub. L. 100–202, § 101](l) [title III, § 346], Dec. 22, 1987, [101 Stat. 1329–358], 1329–388; [Pub. L. 102–240, title I, § 1037], Dec. 18, 1991, [105 Stat. 1987]; [Pub. L. 104–66, title I, § 1121(e)], Dec. 21, 1995, [109 Stat. 724], provided that:“(a)
(1)
The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Lincoln, Nebraska, Wheeling, West Virginia, and Elko, Nevada, for the relocation of railroad lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the respective cities. The cities shall (1) have a local agency with legal authority to relocate railroad facilities, levy taxes for such purpose, and a record of prior accomplishment; and (2) have a current relocation plan for such lines which has a favorable benefit-cost ratio involving and having the unanimous approval of three or more class 1 railroads in Lincoln, Nebraska, and the two class 1 railroads in Wheeling, West Virginia, and Elko, Nevada, and multicivic, local, and State agencies, and which provides for the elimination of a substantial number of the existing railway-road conflict points within the city.
“(2)
The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Lafayette, Indiana, for relocation of railroad lines from the central area of the city. There are authorized to be appropriated to carry out this paragraph $360,000 for the fiscal year ending June 30, 1975.
“(b)
The Secretary of Transportation shall carry out a demonstration project for the elimination or protection of certain public ground-level rail-highway crossings in, or in the vicinity of, Springfield, Illinois.
“(c)
The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out demonstration projects in Brownsville, Texas, and Matamoros, Mexico, for the relocation of railroad lines from the central area of the cities in conformance with the methodology developed under proposals submitted to the Secretary by the Brownsville Navigation District, providing for the construction of an international bridge and for the elimination of a substantial number of existing railway-road conflict points within the cities.
“(d)
The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in East Saint Louis, Illinois, for the relocation of rail lines between Thirteenth and Forty-third Streets, in accordance with methodology approved by the Secretary. The Secretary of Transportation shall carry out a demonstration project for the relocation of rail lines in the vicinity of Carbondale, Illinois.
“(e)
The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in New Albany, Indiana, for the elimination of the existing rail loop and relocation of rail lines to a location between Vincennes Street and East Eighth Street, in accordance with methodology approved by the Secretary.
“(f)
The Secretary of Transportation shall carry out demonstration projects for the construction of an overpass at the rail-highway grade crossing on Cottage Grove Avenue between One Hundred Forty-second Street and One Hundred Thirty-eighth Street in the village of Dolton, Illinois, and the construction of an overpass at the rail-highway grade crossing at Vermont Street and the Rock Island Railroad tracks in the city of Blue Island, Illinois.
“(g)
The Secretary of Transportation shall carry out a demonstration project for the elimination of the ground level railroad highway crossing on United States Route 69 in Greenville, Texas.
“(h)
The Secretary of Transportation shall carry out a demonstration project in Anoka, Minnesota, for the construction of an underpass at the Seventh Avenue and County Road 7 railroad-highway grade crossing.
“(i)
The Secretary of Transportation shall carry out a demonstration project in Metairie, Jefferson Parish, Louisiana, for the relocation or grade separation of rail lines whichever he deems most feasible in order to eliminate certain grade level railroad highway crossings.
“(j)
The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Augusta, Georgia, for the relocation of railroad lines and for the purpose of eliminating highway railroad grade crossings.
“(k)
The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Pine Bluff, Arkansas, for the relocation of railroad lines for the purpose of eliminating highway railroad grade crossings.
“(l)
The Secretary of Transportation shall carry out a demonstration project in Sherman, Texas, for the relocation of rail lines in order to eliminate the ground level railroad crossing at the crossing of the Southern Pacific and Frisco Railroads with Grand Avenue-Roberts Road.
“(m)
The Secretary of Transportation shall enter into such arrangements as may be necessary to carry out a demonstration project in Hammond, Indiana, for the relocation of railroad lines for the purposes of eliminating highway railroad grade crossings.
“(n)
The Federal share payable on account of such projects shall be the Federal share provided in
section 120(a) of title 23, United States Code. [sic] except those railroad-highway crossings segments which are already engaged in or have completed the preparation of the plans, specifications and estimates (PS&E) for the construction of the segment involved shall retain the Federal share as specified in subsection [sic] 163(n) [this subsection] as amended by section 134 of the Surface Transportation Assistance Act of 1978 [
[section 134 of Pub. L. 95–599], title I,
Nov. 6, 1978,
[92 Stat. 2709]].
“[(o)
Repealed. [Pub. L. 104–66, title I, § 1121(e)], Dec. 21, 1995, [109 Stat. 724].]
“(p)
There is authorized to be appropriated to carry out this section (other than subsection (l)), not to exceed $15,000,000 for the fiscal year ending June 30, 1974, $25,000,000 for the fiscal year ending June 30, 1975, and $50,000,000 for the fiscal year ending June 30, 1976, $6,250,000, for the period beginning July 1, 1976, and ending September 30, 1976, $26,400,000 for the fiscal year ending September 30, 1977, and $51,400,000 for the fiscal year ending September 30, 1978, $70,000,000 for the fiscal year ending September 30, 1979, and $90,000,000 for the fiscal year ending September 30, 1980, $100,000,000 for the fiscal year ending September 30, 1981, and $100,000,000 for the fiscal year ending September 30, 1982, and $50,000,000 for the fiscal year ending September 30, 1983, and $50,000,000 for the fiscal year ending September 30, 1984, and $50,000,000 for the fiscal year ending September 30, 1985, and $50,000,000 for the fiscal year ending September 30, 1986, and $15,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, 1991, 1992, 1993, and 1994, except that not more than two-thirds of all funds authorized and expended under authority of this section in any fiscal year shall be appropriated out of the Highway Trust fund. Notwithstanding any other provision of this section, any project which is not under construction, according to the Secretary of Transportation, by September 30, 1985, shall not be eligible for additional funds under this authorization.
“(q)
The Secretary, in cooperation with State highway departments and local officials, shall conduct a full and complete investigation and study of the problem of providing increased highway safety by the relocation of railroad lines from the central area of cities on a nationwide basis, and report to the Congress his recommendations resulting from such investigation and study not later than
July 1, 1975, including an estimate of the cost of such a program. Funds authorized to carry out
section 307 of title 23, United States Code, are authorized to be used to carry out the investigation and study required by this subsection.”
Demonstration Project, Railroad-Highway Crossings; Inclusion of Projects at Terre Haute, Indiana
[Pub. L. 94–387, title I, § 101], Aug. 14, 1976, [90 Stat. 1176], provided in part: “That [section 163 of Public Law 93–87] [set out as a note above] is hereby amended to include projects at Terre Haute, Indiana.”
Railroad-Highway Crossings
[Pub. L. 93–87, title II, § 203], Aug. 13, 1973, [87 Stat. 283], as amended by [Pub. L. 94–280, title II, § 203], May 5, 1976, [90 Stat. 452]; [Pub. L. 95–599, title II, § 203], Nov. 6, 1978, [92 Stat. 2728]; [Pub. L. 96–470, title II, § 209(d)], Oct. 19, 1980, [94 Stat. 2245]; [Pub. L. 97–327, § 5(b)], Oct. 15, 1982, [96 Stat. 1612]; [Pub. L. 97–424, title II, § 205], Jan. 6, 1983, [96 Stat. 2139], which directed each State to conduct a survey of all highways to identify those railway crossings requiring separation, relocation, or protective devices and to establish and implement a schedule of projects for such purpose, which at a minimum was to provide for signs at all crossings, authorized appropriations for elimination of hazards of railway-highway crossings, provided for State apportionments and for the Federal share of the costs of projects, required each State to annually report to the Secretary of Transportation and the Secretary of Transportation to annually report to Congress on progress in implementing railroad-highway crossings program, and authorized use of matching funds with local governments for improvement of railroad crossings, was repealed by [Pub. L. 100–17, title I, § 121(b)], Apr. 2, 1987, [101 Stat. 160].
Highway authorizations provisions of section 104(a)(1) and (2) of [Pub. L. 93–87, title I], Aug. 13, 1973, [87 Stat. 251], referred to in [section 203(d) of Pub. L. 93–87] provided that:“(a)
For the purpose of carrying out the provisions of title 23, United States Code, the following sums are hereby authorized to be appropriated:
“(1)
For the Federal-aid primary system in rural areas, out of the Highway Trust Fund, $680,000,000 for the fiscal year ending June 30, 1974, $700,000,000 for the fiscal year ending June 30, 1975, and $700,000,000 for the fiscal year ending June 30, 1976. For the Federal-aid secondary system in rural areas, out of Highway Trust Fund, $390,000,000 for the fiscal year ending June 30, 1974, $400,000,000 for the fiscal year ending June 30, 1975, and $400,000,000 for the fiscal year ending June 30, 1976.
“(2)
For the Federal-aid urban system, out of the Highway Trust Fund, $780,000,000 for the fiscal year ending June 30, 1974, $800,000,000 for the fiscal year ending June 30, 1975, and $800,000,000 for the fiscal year ending June 30, 1976. For the extensions of the Federal-aid primary and secondary systems in urban areas, out of the Highway Trust Fund $290,000,000 for the fiscal year ending June 30, 1974, $300,000,000 for the fiscal year ending June 30, 1975, and $300,000,000 for the fiscal year ending June 30, 1976.”