23 U.S.C. § 130 : US Code - Section 130: Railway-highway crossings

Search 23 U.S.C. § 130 : US Code - Section 130: Railway-highway crossings

(a) Subject to section 120 and subsection (b) of this section,
the entire cost of construction of projects for 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 be paid from sums apportioned in
accordance with section 104 of this title. In any case when the
elimination of the hazards of a railway-highway crossing can be
effected by the relocation of a portion of a railway at a cost
estimated by the Secretary to be less than the cost of such
elimination by one of the methods mentioned in the first sentence
of this section, then the entire cost of such relocation project,
subject to section 120 and subsection (b) of this section, may be
paid from sums apportioned in accordance with section 104 of this
title.
(b) The Secretary may classify the various types of projects
involved in the elimination of hazards of railway-highway
crossings, and may set for each such classification a percentage of
the costs of construction which shall be deemed to represent the
net benefit to the railroad or railroads for the purpose of
determining the railroad's share of the cost of construction. The
percentage so determined shall in no case exceed 10 per centum. The
Secretary shall determine the appropriate classification of each
project.
(c) Any railroad involved in a project for the elimination of
hazards of railway-highway crossings paid for in whole or in part
from sums made available for expenditure under this title, or prior
Acts, shall be liable to the United States for the net benefit to
the railroad determined under the classification of such project
made pursuant to subsection (b) of this section. Such liability to
the United States may be discharged by direct payment to the State
transportation department of the State in which the project is
located, in which case such payment shall be credited to the cost
of the project. Such payment may consist in whole or in part of
materials and labor furnished by the railroad in connection with
the construction of such project. If any such railroad fails to
discharge such liability within a six-month period after completion
of the project, it shall be liable to the United States for its
share of the cost, and the Secretary shall request the Attorney
General to institute proceedings against such railroad for the
recovery of the amount for which it is liable under this
subsection. The Attorney General is authorized to bring such
proceedings on behalf of the United States, in the appropriate
district court of the United States, and the United States shall be
entitled in such proceedings to recover such sums as it is
considered and adjudged by the court that such railroad is liable
for in the premises. Any amounts recovered by the United States
under this subsection shall be credited to miscellaneous receipts.
(d) Survey and Schedule of Projects. - Each State shall conduct
and systematically maintain a survey of all highways to identify
those railroad crossings which may require separation, relocation,
or protective devices, and establish and implement a schedule of
projects for this purpose. At a minimum, such a schedule shall
provide signs for all railway-highway crossings.
(e) Funds for Protective Devices. -
(1) 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.
At least 1/2 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.
(2) Special rule. - If a State demonstrates to the satisfaction
of the Secretary that the State has met all its needs for
installation of protective devices at railway-highway crossings,
the State may use funds made available by this section for other
purposes under this subsection.
(f) Apportionment. -
(1) Formula. - Fifty percent of the funds set aside to carry
out this section pursuant to subsection (e)(1) shall be
apportioned to the States in accordance with the formula set
forth in section 104(b)(3)(A), and 50 percent of such funds shall
be apportioned to the States in the ratio that total public
railway-highway crossings in each State bears to the total of
such crossings in all States.
(2) Minimum apportionment. - Notwithstanding paragraph (1),
each State shall receive a minimum of one-half of 1 percent of
the funds apportioned under paragraph (1).
(3) Federal share. - The Federal share payable on account of
any project financed with funds set aside to carry out this
section shall be 90 percent of the cost thereof.
(g) Annual Report. - Each State shall report to the Secretary not
later than December 30 of each year on the progress being made to
implement the railway-highway crossings program authorized by this
section and the effectiveness of such improvements. Each State
report shall contain an assessment of the costs of the various
treatments employed and subsequent accident experience at improved
locations. The Secretary shall submit a report to the Committee on
Environment and Public Works and the Committee on Commerce,
Science, and Transportation,(!1) of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives,
not later than April 1, 2006, and every 2 years thereafter,,(!1) on
the progress being made by the State in implementing projects to
improve railway-highway crossings. The report shall include, but
not be limited to, the number of projects undertaken, their
distribution by cost range, road system, nature of treatment, and
subsequent accident experience at improved locations. In addition,
the Secretary's report shall analyze and evaluate each State
program, identify any State found not to be in compliance with the
schedule of improvements required by subsection (d) and include
recommendations for future implementation of the railroad highway
(!2) crossings program.
(h) Use of Funds for Matching. - Funds authorized to be
appropriated to carry out this section may be used to provide a
local government with funds to be used on a matching basis when
State funds are available which may only be spent when the local
government produces matching funds for the improvement of railway-
highway crossings.
(i) Incentive Payments for At-Grade Crossing Closures. -
(1) In general. - Notwithstanding any other provision of this
section and subject to paragraphs (2) and (3), a State may, from
sums available to the State under this section, make incentive
payments to local governments in the State upon the permanent
closure by such governments of public at-grade railway-highway
crossings under the jurisdiction of such governments.
(2) Incentive payments by railroads. - A State may not make an
incentive payment under paragraph (1) to a local government with
respect to the closure of a crossing unless the railroad owning
the tracks on which the crossing is located makes an incentive
payment to the government with respect to the closure.
(3) Amount of state payment. - The amount of the incentive
payment payable to a local government by a State under paragraph
(1) with respect to a crossing may not exceed the lesser of -
(A) the amount of the incentive payment paid to the
government with respect to the crossing by the railroad
concerned under paragraph (2); or
(B) $7,500.
(4) Use of state payments. - A local government receiving an
incentive payment from a State under paragraph (1) shall use the
amount of the incentive payment for transportation safety
improvements.
(j) Bicycle Safety. - In carrying out projects under this
section, a State shall take into account bicycle safety.
(k) Expenditure of Funds. - Not more than 2 percent of funds
apportioned to a State to carry out this section may be used by the
State for compilation and analysis of data in support of activities
carried out under subsection (g).