,,ii #aadth ,,congress #ast ,session ,s4 #afhj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be1 #bjae ,ms4 ,cantwell 7for herself1 ,mr4 ,booker1 ,mrs4 ,murray1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve the condition and performance of the national multimodal freight network1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,multimodal ,freight ,policy and ,investment ,act4 #b4 ,national multimodal freight policy 7a7 ,establishment ,subtitle ,,iii of title #di1 ,united ,states ,code1 is amended by inserting after chapter #ec the following3 #ed ,freight #edja4 ,definitions ,in this chapter3 7#a7 ,freight transportation modes ,the term freight transportation modes means any mode of transportation that moves freight1 including airports1 highways1 ports and waterways1 rail1 and pipeline4 7#b7 ,national multimodal freight network ,the term national multimodal freight network means the network established under section #edjc4 7#c7 ,national multimodal freight strategic plan ,the term national multimodal freight strategic plan means the strategic plan developed under section #edjd4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#e7 ,state ,the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 the ,northern ,mariana ,islands1 ,guam1 ,american ,samoa1 and the ,virgin ,islands4 #edjb4 ,national multimodal freight policy 7a7 ,policy ,it is the policy of the ,united ,states to support investment in the condition and performance of the national multimodal freight network to ensure the ,united ,states maximizes its competitiveness in the global economy and achieves each goal described in subsection 7b74 7b7 ,goals ,the goals of the national multimodal freight policy are to enhance the economic competitiveness of the ,united ,states and improve quality of life-- 7#a7 by increasing the overall productivity and connectivity of the national freight system2 7#b7 by improving the safety1 security1 and resiliency of freight transportation2 7#c7 by reducing the congestion of freight transportation2 7#d7 by improving the reliability of freight transportation2 and 7#e7 by reducing1 eliminating1 or reversing adverse environmental and local community impacts of freight projects and freight movement in the ,united ,states4 7c7 ,strategy ,the strategies that the ,united ,states may use to achieve the goals set forth in subsection 7b7 include-- 7#a7 dedicated funding to maintain and improve freight infrastructure facilities and operations2 7#b7 appropriate safety1 environmental1 energy and other transportation policies2 7#c7 advanced technology and innovation2 7#d7 workforce development2 and 7#e7 use of performance management4 7d7 ,definition of economic competitiveness ,in this section1 the term economic competitiveness means the ability of the economy to more efficiently move freight and people1 produce goods1 and deliver services1 including-- 7#a7 reductions in the travel time of freight and people2 7#b7 reductions in the congestion caused by the movement of freight and people2 7#c7 improvements to travel time reliability2 and 7#d7 reductions in freight transportation costs due to congestion and insufficient infrastructure4 #edjc4 ,national multimodal freight network 7a7 ,establishment ,the ,secretary shall establish a national multimodal freight network in accordance with this section-- 7#a7 to inform public and private planning2 7#b7 to assist in the prioritization of ,federal investment2 7#c7 to direct the use of ,federal resources under section #edjd2 7#d7 to assess and support ,federal investments to achieve the national multimodal freight policy goals described in section #edjb7;b72 and 7#e7 to help ,states define and prioritize local community impacts of freight movement4 7b7 ,network components ,the national multimodal freight network shall consist of all connectors1 corridors1 and facilities in all freight transportation modes that are the most critical to the current and future movement of freight to achieve the national multimodal freight policy goals described in section #edjb7;b74 7c7 ,designation of the national multimodal freight network 7#a7 ,initial designation ,not later than #c years after the date of enactment of the ,national ,multimodal ,freight ,policy and ,investment ,act1 the ,secretary shall designate a national multimodal freight network-- 7,a7 using measurable data1 including measurable data provided by ,states1 to assess the significance of freight movement1 including consideration of points of origin1 destination1 and linking components of domestic and international supply chains2 7,b7 improving network and intermodal connectivity2 and 7,c7 reflecting input from stakeholders1 including multimodal freight system users1 transport providers1 metropolitan planning organizations1 local governments1 seaports1 airports1 railroads1 and ,states1 through a public process to identify critical freight facilities and corridors that are vital to achieve the national multimodal freight policy goals described in section #edjb7;b74 7#b7 ,redesignation ,beginning #e years after the date of the initial designation of the national multimodal freight network under paragraph 7#a71 and every #e years thereafter1 using the designation factors described in paragraph 7#c71 the ,secretary shall redesignate the national multimodal freight network4 7#c7 ,factors ,in designating or redesignating the national multimodal freight network1 the ,secretary shall consider-- 7,a7 origins and destinations of freight movement within1 to1 and from the ,united ,states2 7,b7 volume of freight1 including value and tonnage2 7,c7 population centers2 7,d7 border crossings1 airports1 and seaports2 7,e7 economic factors2 7,f7 freight chokepoints and other impediments contributing to significant measurable congestion1 delay in freight movement1 or inefficient modal connections2 7,g7 facilities of future freight importance based on input from stakeholders and analysis of projections for future growth and changes to the national freight system2 7,h7 impacts on all freight transportation modes and modes that share significant freight infrastructure2 7,i7 elements and transportation corridors identified by a multi-,state coalition1 ,state1 ,state advisory committee1 or metropolitan planning organization using national or local data as having critical freight importance to the region2 and 7,j7 intermodal connectors1 major distribution centers1 inland intermodal facilities1 and first- and last-mile facilities4 #edjd4 ,national multimodal freight strategic plan 7a7 ,initial development ,not later than #c years after the date of enactment of the ,national ,multimodal ,freight ,policy and ,investment ,act1 the ,secretary1 in consultation with ,state departments of transportation1 metropolitan planning organizations1 local governments1 and other appropriate public and private freight transportation stakeholders1 shall develop1 maintain1 and post on the ,department of ,transportation public website a national multimodal freight strategic plan4 7b7 ,requirements ,the initial and each revised national multimodal freight strategic plan shall include-- 7#a7 an assessment of the current condition and performance of the national multimodal freight network1 and the ability of the network to meet the policy and goals described in section #edjb2 7#b7 an assessment of statutory1 regulatory1 technological1 institutional1 financial1 and other barriers to improved freight transportation performance1 including opportunities for overcoming the barriers2 7#c7 an analysis of emerging and long-term projected trends in economic and national trade policies1 public health1 workforce availability1 and environmental conditions that will impact the performance1 needs1 safety1 and uses of the national transportation system to move freight2 7#d7 an identification of freight chokepoints on the national multimodal freight network that create significant freight congestion problems1 based on a quantitative methodology developed by the ,secretary and using the analysis under paragraph 7#c72 7#e7 an identification of major international and domestic trade gateways and corridors that connect major population centers and ports of entry2 7#f7 a projection of current and forecasted traffic and freight volumes on the gateways and corridors identified under paragraph 7#e72 7#g7 an identification of major agricultural and energy rural production areas and other major inland freight generators2 7#h7 an identification of the gateways and corridors that connect the major inland freight generators identified in paragraph 7#g7 to ports of entry2 7#i7 the best practices for improving the operational and safety performance of the national multimodal freight network2 7#aj7 the best practices to reduce1 minimize1 and mitigate the environmental and other impacts of freight movement on communities2 7#aa7 a process for addressing multistate projects and encouraging jurisdictions to collaborate2 7#ab7 strategies to improve freight intermodal connectivity1 including bulk transloading facilities2 7#ac7 the development of more consistent and accurate data to measure freight movement domestically and internationally2 and 7#ad7 the identification of federally designated strategic defense ports and nearby freight chokepoints that create significant congestion which could hamper the flow of military equipment and personnel to those ports4 7c7 ,updates 7#a7 ,in general ,not later than #e years after the date the initial national multimodal freight strategic plan under subsection 7a7 is complete1 and every #aj years thereafter1 the ,secretary shall update and repost on the ,department of ,transportation public website a revised national multimodal freight strategic plan4 7#b7 ,major international and domestic trade gateways and corridors ,the identification of major international and domestic trade gateways and corridors that connect major population centers and ports of entry under subsection 7b77#e7 shall be updated1 as appropriate1 in each revised national multimodal freight strategic plan4 #edje4 ,national multimodal freight advisory committee 7a7 ,establishment ,the ,secretary shall establish a national multimodal freight advisory committee in the ,department of ,transportation consisting of a balanced cross-section of public and private freight stakeholders representative of all freight transportation modes1 including-- 7#a7 airports1 highways1 ports and waterways1 rail1 and pipeline2 7#b7 shippers2 7#c7 carriers2 7#d7 freight-related associations2 7#e7 the freight industry workforce2 7#f7 ,state departments of transportation2 7#g7 local governments2 7#h7 metropolitan planning organizations2 7#i7 regional or local transportation authorities1 such as port authorities2 7#aj7 freight safety organizations2 and 7#aa7 university research centers4 7b7 ,purpose ,the purpose of the committee is to help promote a safe1 economically efficient1 and environmentally sustainable national freight system4 7c7 ,duties ,the committee1 in consultation with ,state departments of transportation and metropolitan planning organizations1 shall provide advice and recommendations to the ,secretary on matters related to freight transportation in the ,united ,states1 including-- 7#a7 the implementation of freight transportation requirements2 7#b7 the establishment of a national multimodal freight network under section #edjc2 7#c7 the development of the national multimodal freight strategic plan under section #edjd2 7#d7 the development of measures of conditions and performance in freight transportation2 7#e7 the development of freight transportation investment1 data1 and planning tools2 and 7#f7 recommendations for ,federal legislation4 7d7 ,qualifications ,each member of the committee shall have qualifications sufficient to represent the interests of the member's specific stakeholder group1 such as-- 7#a7 general business and financial experience2 7#b7 experience or qualifications in the areas of freight transportation and logistics2 7#c7 experience in transportation planning1 safety1 technology1 or workforce issues2 7#d7 experience representing employees of the freight industry2 7#e7 experience representing ,state or local governments or metropolitan planning organizations in transportation-related issues2 or 7#f7 experience in trade economics relating to freight flows4 7e7 ,support staff1 information1 and services ,the ,secretary shall provide support staff for the committee4 ,on request of the committee1 the ,secretary shall provide information1 administrative services1 and supplies that the ,secretary considers necessary for the committee to carry out its duties4 7f7 ,nonapplication of ,,faca ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,app4 ,u4,s4,c47 does not apply to the committee4 #edjf4 ,state freight plans 7a7 ,in general ,each ,state that receives a grant under this chapter shall develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the ,state with respect to freight4 7b7 ,contents ,each ,state freight plan shall include-- 7#a7 an identification of significant freight system trends1 needs1 and issues with respect to the ,state and each neighboring ,state with which high levels of trade occurs or logistical dependence exists2 7#b7 a description of the freight policies1 strategies1 and performance measures that will guide the freight-related transportation investment decisions of the ,state to achieve a reasonable balance in freight transportation modes2 7#c7 a description of how the plan will improve the ability of the ,state to meet the goals of the national multimodal freight policy described in section #edjb7;b7 and any relevant ,state multimodal freight policy2 7#d7 evidence that the ,state will consider innovative technologies and operational strategies1 including intelligent transportation systems1 that improve the safety and efficiency of freight movement and provide multimodal transportation systems integration for information sharing2 7#e7 in the case of routes on public infrastructure on which heavy vehicles travel 7including mining1 agricultural1 energy cargo or equipment1 and timber vehicles7 or other conditions exist that are projected to substantially deteriorate the condition of those routes1 a description of improvements that may be required to reduce or impede the deterioration1 including the use of alternate freight transportation modes2 7#f7 an inventory of facilities and corridors with freight mobility or accessibility issues1 such freight chokepoints1 within the ,state1 and a description of the strategies the ,state will employ to address those freight mobility or accessibility issues2 7#g7 consideration of any significant congestion or delay caused by freight movements and any strategies to mitigate that congestion or delay2 and 7#h7 a priority freight investment plan that includes a list of priority projects1 a methodology to prioritize future projects1 and an explanation of how those investments achieve the goals of the national multimodal freight policy described in section #edjb7;b7 and any relevant ,state multimodal freight policy4 7c7 ,relationship to statewide strategic long-,range transportation plan 7#a7 ,in general ,a ,state may develop its ,state freight plan with1 and incorporate the plan into1 its statewide strategic long-range transportation plan4 ,the ,state freight plan may be separate from the long-range transportation plan1 but shall be consistent with the long-range transportation plan4 ,the ,state freight plan shall be consistent with the ,state rail plan under section #bbgjb for that ,state4 7#b7 ,fiscal constraints ,the priority freight investment plan of a ,state freight plan under subsection 7b77#h7 shall include a project1 or an identified phase of a project1 only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the priority freight investment plan4 7#c7 ,planning period ,each ,state freight plan shall address a #aj-year forecast period4 7#d7 ,updates 7,a7 ,in general ,a ,state shall update its ,state freight plan as frequently as the ,state determines necessary1 but not less frequently than once every #aj years4 7,b7 ,priority freight investment plan ,a ,state shall update its priority freight investment plan as frequently as the ,state determines necessary1 but at least once every #e years4 7d7 ,consultation ,each ,state shall consult with applicable ,federal1 ,state1 and local agencies relevant to land use and programming processes when developing a ,state freight plan under this section1 including the ,state's freight advisory committee under section #edjg4 #edjg4 ,state freight advisory committees 7a7 ,establishment ,as a condition of1 and prior to1 receiving a grant under this chapter1 a ,state shall establish and maintain a freight advisory committee consisting of a balanced cross-section of public and private freight stakeholders representative of all freight transportation modes1 including-- 7#a7 as applicable1 airports1 highways1 ports and waterways1 rail1 and pipeline2 7#b7 shippers2 7#c7 carriers2 7#d7 freight-related associations2 7#e7 the freight industry workforce2 7#f7 the ,state department of transportation2 7#g7 local governments2 7#h7 metropolitan planning organizations2 7#i7 local transportation authorities1 such as port authorities2 7#aj7 freight safety organizations2 and 7#aa7 university research centers4 7b7 ,qualifications ,each member of the advisory committee shall have qualifications sufficient to represent the interests of the member's specific stakeholder group1 such as-- 7#a7 general business and financial experience2 7#b7 experience or qualifications in the areas of freight transportation and logistics2 7#c7 experience in transportation planning1 safety1 or workforce issues2 7#d7 experience representing employees of the freight industry2 7#e7 experience representing ,state or local governments1 or metropolitan planning organizations in transportation-related issues2 or 7#f7 experience in trade economics relating to freight flows4 7c7 ,duties ,a freight advisory committee of a ,state described in subsection 7a7 shall-- 7#a7 advise the ,state on freight-related priorities1 issues1 projects1 and funding needs2 7#b7 serve as a forum for discussion for ,state transportation decisions affecting freight movement2 7#c7 communicate and coordinate regional priorities with other freight-related organizations2 7#d7 promote the sharing of information between the private and public sectors on freight issues2 and 7#e7 participate in the development of the ,state freight plan under section #edjf1 including advising on the development of a priority freight investment plan under subsection 7b77#h7 of that section4 #edjh4 ,conditions and performance reports 7a7 ,in general ,not later than #c years after the date of enactment of the ,national ,multimodal ,freight ,policy and ,investment ,act1 and biennially thereafter1 the ,secretary shall prepare and submit to ,congress a report that describes the conditions and performance of the national multimodal freight network4 7b7 ,contents ,the report shall contain1 at a minimum1 the following-- 7#a7 an assessment of the ability1 including the current performance1 of the national multimodal freight network to make significant progress toward and achieve the policy and goals described in section #edjb2 and 7#b7 a description of impediments to improving the conditions and performance of the national multimodal freight network4 #edji4 ,transportation investment data and planning tools 7a7 ,in general ,not later than #a year after the date of enactment of ,national ,multimodal ,freight ,policy and ,investment ,act1 the ,secretary shall begin to develop new tools1 and improve existing tools1 to support an outcome-oriented1 performance-based approach by ,federal1 ,state1 local1 and private decisionmakers when evaluating proposed freight-related and other transportation projects1 including-- 7#a7 methodologies for systematic analysis of benefits and costs on a national1 regional1 and local basis2 7#b7 tools for ensuring that the evaluation of freight-related and other transportation projects would consider safety1 economic competitiveness1 environmental sustainability1 innovation1 and system condition in the project selection process2 7#c7 improved methods for data collection and trend analysis2 7#d7 freight forecasting models2 and 7#e7 other tools to assist in effective freight transportation planning4 7b7 ,freight data ,in support of the tools described in subsection 7a71 and to support a broad range of evaluation methods to assist ,federal1 ,state1 local1 and private decisionmakers in making transportation investment decisions1 the ,secretary shall-- 7#a7 direct the collection of appropriate freight data and supply chain data1 including more consistent and accurate data to measure the condition and performance of the national multimodal freight network2 and 7#b7 consider any improvements to existing freight data collection1 including the ,commodity ,flow ,survey and ,freight ,analysis ,framework1 that could reduce identified freight data deficiencies and improve forecasts of freight transportation demand1 both domestic and international4 7c7 ,consultation ,the ,secretary shall consult with ,federal1 ,state1 and other public and private freight transportation stakeholders to develop1 improve1 and implement the tools described in subsection 7a7 and collect the freight data and supply chain data described in subsection 7b74 7d7 ,multimodal freight performance measures ,the ,secretary shall establish freight performance measures to develop a framework for assessing the demand1 efficiency1 condition1 safety1 and investment in the national multimodal freight network4 #edaj4 ,freight investment grant program 7a7 ,definitions ,in this section3 7#a7 ,eligible applicant ,the term eligible applicant means-- 7,a7 a ,state2 7,b7 a political subdivision of a ,state2 7,c7 a metropolitan planning organization2 7,d7 a regional or local transportation authority1 including a port authority2 7,e7 a tribal government or a consortium of tribal governments2 or 7,f7 #b or more of the entities described in subparagraphs 7,a7 through 7,e74 7#b7 ,eligible project ,the term eligible project means a capital investment in a project1 or a project phase with independent utility1 for-- 7,a7 a transportation infrastructure facility2 or 7,b7 an intelligent transportation system project primarily for freight benefit that reduces congestion or improves safety4 7#c7 ,facility ,the term facility includes-- 7,a7 a road facility2 7,b7 a rail facility2 7,c7 a marine highway facility2 7,d7 a maritime1 land border1 or inland port facility2 7,e7 a freight intermodal facility1 including an intermodal facility serving a seaport1 an intermodal or cargo access facility serving an airport1 an intermodal facility serving a port on the inland waterways1 a bulk intermodal_/transload facility1 or a road_/rail intermodal facility2 or 7,f7 a facility related to an international border crossing4 7#d7 ,marine highway ,the term marine highway means all of the marine transportation routes designated by the ,secretary that-- 7,a7 serve as extensions of the surface transportation system2 and 7,b7 promote short sea transportation4 7#e7 ,transportation infrastructure facility ,the term transportation infrastructure facility means a facility that is significantly used for the movement of freight4 7b7 ,establishment ,the ,secretary shall establish and implement a freight investment grant program in accordance with the policy1 goals1 and strategies described in section #edjb4 7c7 ,applications 7#a7 ,in general ,an eligible applicant shall submit to the ,secretary an application in such form and in accordance with such requirements as the ,secretary shall establish4 7#b7 ,groups of entities ,a group described in subsection 7a77#a77;,f7 shall submit an application through a lead applicant that qualifies under subparagraph 7,a71 7,b71 7,c71 7,d7 or 7,e7 of subsection 7a77#a74 ,public-private partnerships are eligible if the lead applicant qualifies under subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of subsection 7a77#a74 7d7 ,criteria for selection ,the ,secretary shall select eligible projects for funding based on the following criteria3 7#a7 ,the eligible project will help achieve the goals and strategies described in section #edjb4 7#b7 ,funding committed by ,state and local governments and other public and private partners1 along with the ,federal funding requested1 will be sufficient to complete the capital investment4 7#c7 ,the extent to which the eligible project leverages ,federal funds by securing commitments of ,state1 local1 tribal1 or private funds in addition to the ,federal funding requested under this section4 7#d7 ,the likely benefits of the eligible project relative to its costs4 7#e7 ,the extent to which the eligible project demonstrates the use of innovative technology1 strategies1 and practices or involves collaboration among ,states or political subdivisions4 7#f7 ,the likely effect of the eligible project to support the movement of freight internationally or to efficiently move freight and people interstate or intrastate4 7#g7 ,the eligible project's support of freight operations in a nationally significant place1 as determined by the ,secretary4 7#h7 ,the consistency of the eligible project with the national multimodal freight strategic plan developed under section #edjd4 7#i7 ,inclusion of the eligible project in a ,state freight plan under section #edjf or1 if the ,state freight plan is not complete1 a regional transportation plan4 7#aj7 ,the extent to which the eligible project will reduce the adverse impacts of freight transportation on a local community4 7#aa7 ,the ability of the eligible project to increase throughput and reduce congestion at freight chokepoints4 7e7 ,federal share ,the ,federal share for a project funded under this section shall not exceed-- 7#a7 #hj percent of the total capital cost of the eligible project2 or 7#b7 #ej1jjj1jjj4 7f7 ,grant analysis ,a grant agreement under this section between the ,federal ,government and a grantee shall specify that the grantee will collect data and report to the ,secretary1 at such times as the ,secretary specifies1 on-- 7#a7 the actual cost of constructing the eligible project2 7#b7 the time required to complete and implement the eligible project2 7#c7 the level of usage of the transportation infrastructure facility built or improved by the eligible project2 7#d7 the benefits of the eligible project1 measured in a way that is consistent with the benefits that were estimated in the application under subsection 7c72 and 7#e7 any costs resulting from the eligible project in addition to the projected costs estimated in the application under subsection 7c74 7g7 ,terms and conditions ,the ,secretary may require such additional terms and conditions of a grant under this section as the ,secretary considers necessary4 7h7 ,administration ,for the purpose of administering a grant under this section1 funds authorized for this section may be transferred within the ,department of ,transportation and administered in accordance with this title or title #bc1 as applicable1 and any other laws applicable to the eligible project4 7i7 ,administrative and oversight costs 7#a7 ,in general ,the ,secretary may retain up to one-half of #a percent of the amounts authorized for each fiscal year under this section for-- 7,a7 administration of the freight investment grant program2 and 7,b7 oversight of eligible projects funded under this section4 7#b7 ,administration expenses ,in order to carry out the administration and oversight of grants under this section1 the ,secretary may transfer portions of the funds retained under this subsection to-- 7,a7 the ,administrator of the ,federal ,highway ,administration2 7,b7 the ,administrator of the ,federal ,railroad ,administration2 7,c7 the ,administrator of the ,federal ,aviation ,administration2 7,d7 the ,administrator of the ,federal ,maritime ,administration2 7,e7 the ,assistant ,secretary for ,research and ,technology2 and 7,f7 the ,assistant ,secretary of ,freight ,planning1 ,permitting1 and ,development4 7j7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to carry out this section-- 7,a7 #b1jjj1jjj1jjj for fiscal year #bjaf2 7,b7 #b1jjj1jjj1jjj for fiscal year #bjag2 7,c7 #b1jjj1jjj1jjj for fiscal year #bjah2 7,d7 #b1jjj1jjj1jjj for fiscal year #bjai2 7,e7 #b1jjj1jjj1jjj for fiscal year #bjbj2 and 7,f7 #b1jjj1jjj1jjj for fiscal year #bjba4 7#b7 ,administration of funds ,the funds appropriated for this program shall be available for obligation until expended4 4 7b7 ,technical and conforming amendments ,the table of contents for subtitle ,,iii of title #di1 ,united ,states ,code1 is amended by adding after the item relating to section #ecdj the following3 ,chapter #ed4 ,freight4#edja4 ,definitions4#edjb4 ,national multimodal freight policy4#edjc4 ,national multimodal freight network4#edjd4 ,national multimodal freight strategic plan4#edje4 ,national multimodal freight advisory committee4#edjf4 ,state freight plans4#edjg4 ,state freight advisory committees4#edjh4 ,conditions and performance reports4#edji4 ,transportation investment date and planning tools4#edaj4 ,freight investment grant program4 4 #c4 ,office of freight planning1 permitting1 and development 7a7 ,in general ,section #ajb of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i72 and 7#b7 by inserting after subsection 7g7 the following3 7h7 ,office of freight planning1 permitting1 and development 7#a7 ,establishment ,there is established1 in the ,office of the ,secretary1 an ,office of ,freight ,planning1 ,permitting1 and ,development 7referred to in this subsection as the ,office74 7#b7 ,responsibilities ,the ,office shall-- 7,a7 coordinate the investment of ,federal funding to improve the efficiency of the national multimodal freight network 7as defined in section #edja7 to move freight in accordance with the policy1 goals1 and strategies described in section #edjb2 7,b7 for projects that involve multiple ,federal agencies1 designate a lead ,federal agency or a modal administrator within the ,department of ,transportation-- 7i7 to serve as the primary point of contact2 and 7ii7 to actively monitor and identify the progress of the permitting process2 7,c7 establish a process to give priority consideration to the freight projects receiving freight investment grants under section #edaj when-- 7i7 coordinating and facilitating the permit review process2 and 7ii7 advancing project delivery objectives if there is duplication of processes2 7,d7 facilitate communication among government1 public1 and private freight transportation stakeholders2 7,e7 support the ,secretary in the development of the national multimodal freight strategic plan 7as defined in section #edja72 7,f7 provide guidance or best practices on the development of the ,state freight plans under section #edjf2 and 7,g7 carry out other duties1 as prescribed by the ,secretary4 7#c7 ,organization ,the ,office shall-- 7,a7 be headed by the ,assistant ,secretary of ,freight ,planning1 ,permitting1 and ,development2 7,b7 be structured out of existing resources and funding within the ,department of ,transportation1 to the extent feasible2 and 7,c7 serve to consolidate freight staffing from all modal administrations to improve collaboration between freight transportation modes 7as defined in section #edja71 especially in permitting oversight1 and otherwise support the efficiency of the national multimodal freight network4 4 7b7 ,technical and conforming amendments 7#a7 ,assistant secretaries ,section #ajb7;e77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in the matter preceding subparagraph 7,a71 by striking #e and inserting #f2 7,b7 in subparagraph 7,c71 by striking 2 and and inserting a semicolon2 7,c7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,d7 by inserting after subparagraph 7,c7 the following3 7,d7 an ,assistant ,secretary of ,freight ,planning1 ,permitting1 and ,development1 who shall be appointed by the ,secretary1 with the approval of the ,president2 and 4 7#b7 ,executive schedule pay rates ,section #ecaf of title #e1 ,united ,states ,code1 is amended by inserting ,assistant ,secretary of ,freight ,planning1 ,permitting1 and ,development1 ,department of ,transportation4 after ,assistant ,secretary for ,administration1 ,department of ,transportation44 #d4 ,capital grants for shortline freight railroad state of good repair 7a7 ,definitions ,in this section3 7#a7 ,capital project ,the term capital project means acquiring1 constructing1 improving1 or inspecting shortline or regional railroad infrastructure1 such as equipment1 track and track structures1 or a facility1 including-- 7,a7 bringing that infrastructure to a state of good repair2 7,b7 bond costs and other costs relating to the issuance of bonds or other debt financing instruments2 7,c7 evaluating and assessing project implementation and outcomes2 7,d7 expenses incidental to the activities described in subparagraph 7,c71 including designing1 engineering1 location surveying1 mapping1 and environmental studies2 7,e7 installing1 restoring1 and rehabilitating track2 7,f7 preserving and acquiring rights-of-way2 7,g7 relocation assistance1 including-- 7i7 acquiring replacement housing sites1 and acquiring1 constructing1 relocating1 and rehabilitating replacement housing2 and 7ii7 the lateral relocation of any portion of a rail line2 7,h7 eliminating obstacles and relocating utilities2 7,i7 payments for the maintenance responsibility of rail trackage rights agreements2 7,j7 mitigating adverse impacts on safety1 motor vehicle traffic flow1 quality of life1 environment1 or economic development2 7,k7 highway-rail grade crossing improvements1 including the safety of and elimination of hazards at a highway-rail grade crossing2 7,l7 communication and signalization improvements2 7,m7 subsidy and administrative costs of projects eligible for ,federal credit assistance under the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hja et seq47 for a capital project to improve shortline or regional railroad infrastructure2 7,n7 improving or replacing locomotives operated by a shortline or regional railroad2 7,o7 on-dock or near-dock projects at seaports2 7,p7 resolving critical freight chokepoints and addressing capacity constraints2 and 7,q7 such other construction1 improvement or inspection-related activities as determined appropriate by the ,secretary4 7#b7 ,eligible recipient ,the term eligible recipient means-- 7,a7 a ,state2 7,b7 a political subdivision of a ,state2 7,c7 a metropolitan planning organization2 7,d7 a regional or local transportation authority1 including a port authority2 7,e7 a tribal government or a consortium of tribal governments2 7,f7 a public entity responsible for providing rail freight transportation service2 7,g7 solely for the purpose of constructing a rail connection between a plant or facility and a rail carrier1 a limited option freight shipper that owns or operates a plant or facility2 7,h7 #b or more of the entities described in subparagraphs 7,a7 through 7,g72 and 7,i7 if the capital project is a public-private partnership with #a or more of the entities described in subparagraphs 7,a7 through 7,h71 a shortline or regional railroad or a holding company of a shortline or regional railroad4 7#c7 ,railroad carrier ,the term railroad carrier has the meaning given the term in section #bjajb of title #di1 ,united ,states ,code4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#e7 ,shortline or regional railroad ,the term shortline or regional railroad means a railroad carrier that has annual carrier operating revenues that meet the threshold amount for ,class ,,ii carriers or ,class ,,iii carriers1 as determined by the ,surface ,transportation ,board under section #abja4a-a of title #di1 ,code of ,federal ,regulations1 on which not less than #hj percent of the volume of rail traffic is freight traffic4 7#f7 ,state of good repair ,the term state of good repair means a condition in which the existing physical assets1 both individually and as a system1 are functioning as designed within their useful lives and are sustained through regular maintenance and replacement programs4 7b7 ,grants authorized 7#a7 ,in general ,the ,secretary shall establish a competitive grant program to provide financial assistance to eligible recipients for capital projects that-- 7,a7 help accomplish the goals of a ,state rail plan under section #bbgjb of title #di1 ,united ,states ,code1 or1 if a ,state freight plan under section #edjf of that title is complete1 the goals of the ,state freight plan2 and 7,b7 either-- 7i7 improve shortline or regional railroad infrastructure by improving the efficient and safe movement of freight2 or 7ii7 mitigate the adverse impacts of shortline or regional railroad infrastructure or operations on a local community4 7#b7 ,eligibility and considerations for approval ,in determining whether to award a grant to an eligible recipient under this section1 the ,secretary shall consider the following1 listed by priority3 7,a7 ,the extent to which a capital project-- 7i7 will contribute to the efficient movement of freight1 including multimodal freight2 7ii7 will benefit the efficient movement of freight at or accessing a port1 or agricultural or manufacturing cluster2 7iii7 will contribute to increasing the economic competitiveness and state of good repair of a shortline or regional railroad2 7iv7 will alleviate the impacts of a shortline or regional railroad's operations on local communities1 including impacts on safety1 motor vehicle traffic flow1 community quality of life1 environment1 or economic development2 7v7 will enhance safety2 7vi7 is not capable of being fully funded without ,federal grant funding2 7vii7 complies with the limitation relating to the allocation of grant funds set forth in subsection 7c72 7viii7 will contribute to the equitable treatment of the various regions of the ,united ,states2 7ix7 includes equitable participation from other beneficiaries in the project's financing1 including the extent to which the project will leverage financial contributions or commitments from private entities involved with the project in proportion to the expected benefits that accrue to such entities from the project2 7x7 is compatible with local land use1 economic development1 and transportation plans and objectives2 and 7xi7 will increase the reliability and resilience of the ,nation's multimodal freight system4 7,b7 ,the past performance of the eligible recipient and other beneficiaries of the capital project in developing and delivering #a or more capital projects4 7,c7 ,such other factors as the ,secretary considers relevant4 7c7 ,allocation limitation ,not less than #ej percent of all grant funds awarded under this section out of funds appropriated for a fiscal year shall be provided to publicly owned shortline railroads4 7d7 ,project cost sharing 7#a7 ,basis ,the ,secretary shall estimate the total cost of each eligible project based on-- 7,a7 engineering studies2 7,b7 studies of economic feasibility2 7,c7 environmental analyses2 and 7,d7 information on the expected use of the shortline or regional railroad infrastructure1 such as equipment1 track1 track structure1 or facility4 7#b7 ,federal share ,a ,federal grant for an eligible project under this section may not exceed-- 7,a7 #ij percent of the total capital cost of the eligible project2 or 7,b7 #f1jjj1jjj4 7#c7 ,non-,federal share 7,a7 ,in general ,an eligible recipient shall pay1 or arrange for the payment from non-,federal sources1 including financing1 not less than #aj percent of the shared costs of an eligible project that is funded in part by a grant awarded under this section4 7,b7 ,forms of contributions ,the shared costs under subparagraph 7,a7 may be paid in cash or in-kind contributions4 7,c7 ,in-kind contributions 7i7 ,in general ,the non-,federal in-kind contributions under subparagraph 7,b7 may consist of-- 7,i7 real property2 7,,ii7 tangible personal property2 7,,iii7 services of employees of the eligible recipient or non-,federal source2 and 7,,iv7 payments made by an eligible recipient or other non-,federal source for costs incurred for the eligible project before the filing of an application for a grant under this section1 and any in-kind contributions that were made for the project before the filing of the application1 to the extent that such costs were incurred or in-kind contributions were made to comply with a legal requirement necessary to carry out the eligible project4 7ii7 ,calculations ,the value of an in-kind contribution under clause 7i77,,iii7 shall be calculated-- 7,i7 by including the costs incurred by the eligible recipient or other non-,federal source for the pay and benefits of an employee described in clause 7i77,,iii72 and 7,,ii7 by excluding any overhead or general administrative costs4 7e7 ,reporting requirement ,as part of the grant application process1 each eligible recipient shall submit a description of the anticipated public and private benefits 7as those terms are defined in section #bbgja of title #di1 ,united ,states ,code7 associated with the eligible project4 7f7 ,agreements ,to ,combine ,amounts ,two or more eligible recipients may agree to combine any part of the amounts provided through grants for an eligible project under this section if-- 7#a7 the eligible project will benefit each eligible recipient entering into the agreement2 and 7#b7 the agreement does not violate any ,federal law or any law of any ,state in which an eligible recipient is located4 7g7 ,state cooperation ,the ,secretary shall encourage each shortline or regional railroad applicant for a grant under this section to utilize the expertise and assistance of #a or more ,state transportation agencies in applying for and administering the grant4 ,the ,secretary shall encourage each applicable ,state transportation agency to provide its expertise and assistance to the shortline or regional railroad4 7h7 ,rulemaking ,not later than ,july #a1 #bjaf1 the ,secretary shall issue final regulations for implementing the grant program authorized under this section4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjaf through #bjba4 #e4 ,capital grants for grade separation projects 7a7 ,definitions ,in this section3 7#a7 ,eligible applicant ,the term eligible applicant means-- 7,a7 a ,state2 7,b7 a political subdivision of a ,state2 7,c7 a metropolitan planning organization2 7,d7 a regional or local transportation authority1 including a port authority2 7,e7 a tribal government or a consortium of tribal governments2 or 7,f7 #b or more of the entities described in subparagraphs 7,a7 through 7,e74 7#b7 ,highway-rail vertical grade separation project ,the term highway-rail vertical grade separation project means a project that separates the grade of a road-rail crossing to eliminate the conflict between those freight transportation modes4 7#c7 ,host railroad ,the term host railroad means-- 7,a7 a ,class ,i railroad1 ,class ,,ii railroad1 or ,class ,,iii railroad 7as defined in section #bjajb of title #di1 ,united ,states ,code72 and 7,b7 the public or private owner of rail infrastructure over which a ,class ,i railroad1 ,class ,,ii railroad1 or ,class ,,iii railroad operates4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,grants authorized ,the ,secretary shall establish a competitive capital grant program to provide financial assistance to eligible applicants for highway-rail vertical grade separation projects intended to reduce highway and rail congestion and improve safety4 7c7 ,eligible projects ,an eligible applicant may apply for a grant under this section for the purpose of-- 7#a7 constructing a highway-rail vertical grade separation project2 or 7#b7 planning1 preparing1 or designing a project described in paragraph 7#a74 7d7 ,project selection criteria ,in determining whether to award a grant to an eligible applicant under this section1 the ,secretary shall consider the following factors1 listed by priority3 7#a7 ,whether the highway-rail vertical grade separation project will cost-effectively reduce national1 regional1 or local truck and rail freight network delays4 7#b7 ,the extent to which the highway-rail vertical grade separation project includes equitable financial participation from other beneficiaries of the project1 including the extent to which the project will leverage financial contributions or commitments from private entities involved with the project in proportion with or greater to the proportion of the expected benefits that accrue to such entities from the project4 7#c7 ,the truck freight and train volumes at the crossing4 7#d7 ,the traffic delays caused by trains traveling through the crossing4 7#e7 ,the history at the crossing of incidents with fatal or severe injuries4 7#f7 ,the safety hazards1 including sightlines1 along the crossing approaches4 7#g7 ,the angle of the tracks to the roadway4 7#h7 ,the highway-rail vertical grade separation project readiness4 7#i7 ,the benefit to railroad operations as a result of the project4 7#aj7 ,such other factors as the ,secretary considers relevant4 7e7 ,reporting requirement ,as part of the grant application process1 each eligible applicant shall submit a description of the anticipated public and private benefits associated with the highway-rail vertical grade separation project4 ,the eligible applicant shall describe the anticipated public and private benefits in consultation with the host railroad involved in the project4 7f7 ,project cost sharing 7#a7 ,basis ,the ,secretary shall estimate the total cost of each highway-rail vertical grade separation project based on-- 7,a7 engineering studies2 7,b7 studies of economic feasibility2 and 7,c7 information on the expected use of equipment or facilities4 7#b7 ,federal share ,a ,federal grant for a highway-rail vertical grade separation project under this section may not exceed-- 7,a7 #fj percent of the total capital cost of the highway-rail vertical grade separation project2 or 7,b7 #ae1jjj1jjj4 7#c7 ,non-,federal share 7,a7 ,in general ,the eligible applicant shall pay1 or arrange for the payment from non-,federal sources1 including financing1 not less than #dj percent of the shared costs of a highway-rail vertical grade separation project that is funded in part by a grant awarded under this section4 7,b7 ,forms of contributions ,the costs required under subparagraph 7,a7 may be paid in cash or in-kind contributions4 7,c7 ,in-kind contributions 7i7 ,in general ,the non-,federal in-kind contributions under subparagraph 7,b7 may consist of-- 7,i7 real property2 7,,ii7 tangible personal property2 7,,iii7 services of employees of the eligible applicant or other non-,federal source2 and 7,,iv7 payments made by the eligible applicant or other non-,federal source for costs incurred for the highway-rail vertical grade separation project before the filing of an application for a grant for the project under this section1 and any in-kind contributions that were made for the project before the filing of the application1 to the extent that such costs were incurred or in-kind contributions were made to comply with a legal requirement necessary to carry out the project4 7ii7 ,contributions ,the value of an in-kind contribution under clause 7i77,,iii7 shall be calculated-- 7,i7 by including the costs incurred by the eligible applicant or other non-,federal source for the pay and benefits of an employee described in clause 7i77,,iii72 and 7,,ii7 by excluding any overhead or general administrative costs4 7g7 ,grant conditions ,the ,secretary shall require as a condition of making any grant under this section that a written agreement exist between an eligible applicant and a host railroad concerning construction1 maintenance1 railroad contribution1 and such other factors as the ,secretary considers relevant4 7h7 ,rulemaking ,not later than ,july #a1 #bjaf1 the ,secretary shall issue final regulations for implementing the grant program authorized under this section4 7i7 ,guidance ,the ,secretary may update existing or issue new guidance to assist an eligible applicant in determining whether a highway-rail crossing should be grade separated1 including by identifying relevant criteria that should be considered and evaluating the benefits and costs of grade separations compared to other safety approaches within a risk analysis framework4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #aej1jjj1jjj for each of fiscal years #bjaf through #bjba4