American High-Speed Rail Act

This Act may be cited as the American High-Speed Rail Act.
Amendments made by this Act, and the applications of such amendments to other persons or circumstances, to chapter 261 shall apply to any Federal assistance provided on or after the date of the enactment of this Act.
Section 26101 of title 49, United States Code, is amended—
in subsection (a)—
in paragraph (1), by striking or group of public agencies for corridor planning for up to 50 percent and inserting , a group of public agencies, or a consortium composed of a public agency or group of public agencies and a private entity, for corridor planning for up to 100 percent;
in paragraph (2), by striking No less and all that follows through the period at the end and inserting The Secretary shall prioritize providing financial assistance for corridor planning activities with respect to which at least 20 percent of the total costs associated with eligible activities shall be from specified financial sources.; and
by adding at the end the following:
In this subsection, the term specified financial source means—
the Railroad Rehabilitation and Improvement Finance program under chapter V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.);
the transportation infrastructure finance and innovation program in chapter 6 of title 23;
funding provided by the government of a country that is adjacent to the international border of the United States through which the proposed corridor will cross;
a State, local, or private source; or
any combination of the sources described in subparagraphs (A) through (D).
For any funds derived from the programs described in subparagraphs (A) and (B) of paragraph (3) that are used for costs associated with eligible activities, such funds shall be repaid from State, local, or private sources.
in subsection (b)—
by striking paragraph (2); and
by striking (1) A corridor and inserting A corridor;
in subsection (c)—
in paragraph (13) by striking and at the end;
by redesignating paragraph (14) as paragraph (16); and
by inserting after paragraph (13) the following:
impacts associated with equity, resilience, sustainability, economic development, and climate;
the potential to serve an eligible place, as such term is defined in section 41731; and
by adding at the end the following subsection:
With respect to grants awarded under this section, the Secretary may award not more than 20 percent of grants under this section for projects or activities for higher-speed rail.
With respect to grants under paragraph (1), the Secretary may apply requirements for high-speed rail to projects or activities for higher-speed rail, where applicable.
Section 26102 of title 49, United States Code, is amended by adding at the end the following new subsection:
In providing financial assistance to eligible recipients under subsection (b), the Secretary may consider activities that incorporate the use of technologies that facilitate intermodal connections and connections with other passenger rail systems.
Section 26103(1) of title 49, United States Code, is amended by striking such and all that follows through the semicolon at the end and inserting comprehensive, performance-based regulations for all high-speed rail projects that shall not inhibit interoperability within the high-speed rail network;.
Section 26105 of title 49, United States Code, is amended—
in paragraph (2), by striking of more than 125 miles per hour and inserting of 186 miles per hour or more;
in paragraph (5), by striking and at the end;
in paragraph (6), by striking the period at the end and inserting ; and; and
by adding at the end the following paragraph:
the term higher-speed rail—
means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is—
reasonably expected to reach sustained speeds of more than 110 miles per hour but less than 186 miles per hour; and
made available to members of the general public as passengers; and
does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation.
Section 26106 of title 49, United States Code, is amended—
in subsection (a), by adding at the end the following: In carrying out the program, the Secretary may designate high-speed rail corridors.;
in subsection (b)—
in paragraph (1), by striking or Amtrak and inserting Amtrak, or a consortium of a private entity and one or more of any of the entities listed in this paragraph;
in paragraph (2), by striking the period at the end and inserting before the date of the enactment of MAP–21 (Public Law 112–141) or a corridor designated by the Secretary under subsection (a).;
by striking paragraph (4); and
by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively;
in subsection (e)—
in paragraph (2)—
in subparagraph (B)(i)—
in subclause (I), by adding and at the end; and
in subclause (II), by striking and at the end;
in subparagraph (B)(ii)(IV), by inserting and at the end; and
in subparagraph (C)(i)—
in subclause (II) by inserting , including where a grant will support the plans of an Interstate Passenger Rail Commission or other entity with the goal of developing a regional passenger rail system involving 2 or more States before the semicolon;
in subclause (IV), by inserting electrification or after involve;
in subclause (V), by striking the semicolon and inserting , including as a result of transit-oriented development, connectivity between areas of high-economic development and areas with a low cost of living, or the agglomeration of effects along a passenger rail corridor;;
in subclause (VI) by striking and at the end;
by redesignating subclause (VII) as subclause (IX); and
by inserting after subclause (VI) the following:
impacts associated with equity, resilience, sustainability, economic development and climate;
ability to serve an eligible place, as such term is defined in section 41731; and
in paragraph (3)—
by striking The Secretary and inserting (A) The Secretary; and
by adding at the end the following:
The Secretary shall not establish mandatory spending timelines for costs and activities associated with the project.
in the heading of subsection (f), by striking Federal share and inserting Funding;
in subsection (f)—
by striking The Federal share and all that follows and inserting the following:
With respect to the net capital cost of a project financed under this section, the Federal share of such cost may be up to 100 percent.
by adding at the end the following new paragraph:
The Secretary shall prioritize financing capital projects in high-speed rail corridors with respect to which at least 20 percent of the project net capital cost is funded through specified financial sources.
In this section, the term specified financial source means—
the Railroad Rehabilitation and Improvement Finance program under chapter V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.);
the transportation infrastructure finance and innovation program in chapter 6 of title 23;
funding provided by the government of a country that is adjacent to the international border of the United States through which the proposed corridor will cross;
a State, local, or private source; or
any combination of the sources described in clauses (i) through (v).
For any funds derived from the programs described in clauses (i) or (ii) of subparagraph (B) that are used to finance costs associated with capital projects in high-speed rail corridors, such funds shall be repaid from State, local, or private sources.
by striking subsection (g) and inserting the following:
With respect to any project that requires construction, connection, operation, or maintenance, at the international boundaries of the United States, the Secretary of State shall provide the applicant of such project with the necessary Presidential permits required for such project, unless the Secretary of State determines that the provision of such permit would not be in the interest of national security.
by striking subsection (h) and inserting the following:
With respect to grants awarded under this section, the Secretary may award not more than 20 percent of grants under this section for projects or activities for higher-speed rail.
With respect to grants under paragraph (1), the Secretary may apply requirements for high-speed rail to projects or activities for higher-speed rail, where applicable.
Chapter 242 of title 49, United States Code, is amended by inserting after section 24202 the following:
The Secretary may allow a recipient of a grant under this part or part D of this subtitle for a passenger rail project to acquire right-of-way and adjacent real property interests before or during the completion of the environmental reviews for a project that may use such property interests if the acquisition is otherwise permitted under Federal law.
Before authorizing advance acquisition under this section, the Secretary shall verify that—
the recipient has authority to acquire the real property interest;
the acquisition of the real property interest—
is for a transportation purpose;
will not cause significant adverse environmental impact;
will not limit the choice of reasonable alternatives for the proposed project or otherwise influence the decision of the Secretary on any approval required for the project;
does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered;
complies with other applicable Federal laws and regulations; and
will not result in elimination or reduction of benefits or assistance to a displaced person required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
Before authorizing Federal funding for an acquisition of a real property interest, the Secretary shall complete all review processes otherwise required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C. 303), and section 106 of the National Historic Preservation Act (16 U.S.C. 470f) with respect to the acquisition.
A real property interest acquired under subsection (a) may not be developed in anticipation of the proposed project until all required environmental reviews for the project have been completed.
The table of sections for chapter 242 of title 49, United States Code, is amended by inserting after the item relating to section 24202 the following:
Section 26104 of title 49, United States Code, is amended—
by amending subsection (a) to read as follows:
There is authorized to be appropriated to carry out section 26101 $3,000,000,000 for each of fiscal years 2027 through 2031.
by redesignating subsection (b) as subsection (e); and
by inserting after subsection (a) the following:
There is authorized to be appropriated to carry out section 26102 $3,000,000,000 for each of fiscal years 2027 through 2031.
There is authorized to be appropriated to carry out section 26106 $35,000,000,000 for each of fiscal years 2027 through 2031.
Not more than 20 percent of the total funds made available under sections 26101 and 26106 for a fiscal year may be spent on projects or activities for higher-speed passenger trains.
Section 20005(b) of the Moving Ahead for Progress in the 21st Century Act (23 U.S.C. 101 note) is amended by adding at the end the following:
With respect to eligible projects involving high-speed rail corridor development, the Secretary shall give greater consideration to communities in which such projects are proposed to occur.
There is authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2027 through 2031.
Section 22402(f) of title 49, United States Code, is amended by adding at the end the following:
Amounts provided under the heading Office of the Secretary—National Infrastructure Investments in the Department of Transportation Appropriations Act, 2016 (title I of division L of Public Law 114–113), the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2018 (title I of division L of Public Law 115–141), or any subsequent appropriation Act may be used to pay credit risk premiums under this subsection.
Chapter 261 of title 49, United States Code, is amended by adding at the end the following:
A rail carrier may sell, grant an easement on, or lease real property to a recipient of financial assistance under section 26101 or section 26106.
In the case of a rail carrier that sells, grants an easement, or leases property under subsection (a) and that acquires additional real property along the portion of the right-of-way subject to such sale, grant, or lease, the Secretary of Transportation shall make one or more grants to such rail carrier which, in the aggregate, shall not exceed the aggregate amounts received by such rail carrier pursuant to such sale, grant, or lease.
Any gain on the sale of any interest in real property described in subsection (a) (including the granting of an easement on such real property), or any payment made under any lease of such real property, shall not be includible in the gross income of such rail carrier for purposes of the Internal Revenue Code of 1986.
The amount of grant provided under subsection (b) shall not be includible in the gross income of the recipient of such grant for purposes of the Internal Revenue Code of 1986.
Any capital investment or improvement (including turnouts, passing track, signaling, crossings, and barriers) made pursuant to section 26101 or section 26106 by a recipient of financial assistance under such section on any real property owned by the rail carrier referred to in subsection (a) shall not be includible in the gross income of such rail carrier for purposes of the Internal Revenue Code of 1986.
Section 28103 shall apply to property described in subsection (a).
The analysis for chapter 261 of title 49, United States Code, is amended by adding at the end the following:
Section 22905 of title 49, United States Code, is amended—
by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and
by striking subsection (b) and inserting the following:
A person that—
conducts passenger or freight rail operations over, or
performs work for, or in support of passenger rail operations that is work performed by employees in railroad industry crafts and classes recognized under paragraph Ninth of Section 2 of the Railway Labor Act (45 U.S.C. §152 Ninth) on rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter,
Notwithstanding section (b) above—
An employer engaged primarily in the building and construction industry, as that term is used in Section 8 (f) of the National Labor Relations Act (29 U.S.C. 158(f)) that is performing construction work as a contractor for a rail carrier shall not itself be considered a rail carrier solely as a result of performance of that work and shall be permitted to perform the work with employees who are not covered by (i) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.); (ii) the Railway Labor Act (45 U.S.C. 151 et seq.); and (iii) the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).
An employer performing work as a contractor or subcontractor for:
a railroad that owns, uses, or is contracted to perform work on, rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter, or
an Operator that uses such infrastructure—
Section 22909(j) of title 49, United States Code, is amended—
in paragraph (1) by striking section 22905(f) and inserting section 22905(g); and
in paragraph (3)(A)—
by striking section 22905(e)(1) and inserting section 22905(f)(1); and
by striking section 22905(c)(2)(B) and inserting section 22905(d)(2)(B).