§22909 Railroad Crossing Elimination Program

Summary

Creates a competitive grant program run by the Secretary of Transportation to pay for projects that make highway-rail and pathway-rail crossings safer and move people and goods more smoothly. The program’s main goals are to stop crossings from being often blocked by trains, improve community health and safety, reduce harms to underserved areas, and boost mobility. Eligible applicants include States (and territories), local governments, tribal governments, port authorities, metropolitan planning organizations, and groups of these entities. Grants can pay for work like separating crossings (for example with bridges, tunnels, or embankments), closing crossings, moving tracks, adding safety signals or signs tied to a separation or relocation project, other safety or mobility fixes (including tech), groups of related projects, and planning, environmental review, and design. Applicants must apply as the Secretary requires and usually must get approvals from affected railroads or property owners before building, except planning projects where they must agree to work with those owners. Project choices will be judged on safety, separation or closure, better movement of people and goods, environmental and community benefits (like less noise), emergency access, economic benefits, and reconnecting neighborhoods. The Secretary will also consider use of new technology or low‑carbon materials, local hiring incentives, multimodal benefits (including pedestrians and bikes), whether the project is in state freight or rail plans, and rail carrier contributions. At least 20% of funds each year must go to rural areas or Tribal lands (and at least 5% of that rural share must go to very low‑density counties of 20 or fewer people per square mile). At least 25% of certain planning funds set aside by a 2021 law must go to rural or Tribal areas. No more than 20% of program funds in a year may go to projects in a single State. Grants must be at least $1,000,000 unless they are planning grants. The federal share may not be more than 80% of a project. The Secretary must tell two congressional committees in writing 3 days before an award and must post applicant and award lists on the Department of Transportation website within 60 days after each award round. Commuter rail projects are handled by the Federal Transit Administration, and affected railroad employees must be given required employee protections. “Rural area” means any place the Census does not call an urbanized area.