Page:United States Statutes at Large Volume 123.djvu/955

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123STA T .9 3 5PUBLIC LA W 111 –8—M A R .11 , 2 0 09 directly t o t h ede v elo pm e n to fa pa s sen g er rail corridor investment plan consistent w ith the re qu irements esta b lished by the A dminis - trator

Provide

d fu r th er ,T hat no later than eight months following enactment of this Act , the S ecretary shall establish and publish criteria for pro j ect selection, set a deadline for grant applications, and provide a schedule for project selection: Provided further, That to be eligible for this assistance, States must include intercity passenger rail service as an integral part of statewide transportation planning as required under section 135 of title 2 3, U nited States C ode: Provided further, That to be eligible for capital assistance the specific project must be on the Statewide Transportation I mprovement P lan at the time of the application to qualify: Provided further, That the Secretary give priority to capital and planning applications for projects that improve the safety and reliability of intercity passenger trains, involve a commitment by freight rail- roads to an enforceable on-time performance of passenger trains of 80 percent or greater, involve a commitment by freight railroads of financial resources commensurate with the benefit e x pected to their operations, improve or extend service on a route that requires little or no F ederal assistance for its operations, and involve a commitment by States or railroads of financial resources to improve the safety of highway / rail grade crossings over which the passenger service operates: Provided further, That the Administrator is directed to report to the Committees on Appropriations not later than 180 days upon enactment of this Act detailing the recipients and outcomes of grants issued pursuant to Public L aw 110 – 11 6 , under this heading, the Capital Assistance to States Program, any and all usage and performance fees paid to a freight railroad for access to the right of way: Provided further, That the Adminis- trator may retain up to one-quarter of 1 percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this heading .RAIL R O A D R EH A B ILI T ATIO N AND I MP RO V EMENT F INAN C IN G PROGRAM The Secretary of Transportation is authori z ed to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the R ailroad Revitalization and Regulatory Reform Actof1 97 6 ( Public Law 9 4 –210 ) , as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding: Provided, That pursuant to section 502 of such Act, as amended, no new direct loans or loan guarantee commitments shall be made using Federal funds for the credit ris k premium during fiscal year 2009. RAIL LINE RELOCATION AND IMPROVEMENT PROGRAM For necessary expenses of carrying out section 20154 of title 49, United States Code, as authorized by section 9002 of Public Law 109–59, $ 25,000,000, to remain available until expended. Reports.D e adlin e. Deadline. Pub li c ation. C riteria.