High-Speed Rail

Introduction

This constitutes a rewrite of Representative Seth Moulton's (D) High Speed Rail Act to improve the efficacy of the bill without any increases in spending. It does this by granting the Secretary of Transportation the authority to waive all federal regulations they deem needed in the process of construction; a similar authority was granted to the Secretary of Homeland Security to construct border fencing which they recently used. This rewritten bill categorically exempts these high speed rail projects from NEPA and Buy American rules and greatly limits the ability of entities to sue the projects, forcing them to file suits within 60 days and only challenge it on constitutional grounds.

Furthermore, the bill now sets foreign best practices on operational high speed rail lines as standard, with deviations in terms of safety (either more stringent or less) requiring a cost benefit analysis based on the statistical value of a life. Other technocratic tweaks like changing the definition of high speed rail from 186+ MPH to 160+ MPH and increasing possible allocations to higher speed rail (100-160 MPH) have been added. Projects will also be considered based on one standard that is much harder to game: maximizing passenger miles per federal dollar spent.

Finally the bill's Transit Oriented Development section has been strengthened to apply prior waivers to it and full supercession of local regulations for DoT owned residential and commercial real estate within 2 miles. The DoT has also been granted the authority to sell 50 year leaseholds to the land it purchases charging 2% of land value a year plus some upfront sum based on highest bidder. These leaseholds come with all the prior waivers and supercession of state and local regulations to maximize development within 2 miles of the station and raise revenue to either pay for more High Speed Rail or reduce the deficit.

These changes exist to carry out the government's goals of increasing mobility, lowering carbon emissions and reducing prices/interest rates (depending on how much the fed offsets policies) in a maximally efficient manner. The failures of California High Speed Rail show how we must spend political capital on a disciplined use of best practices rather than bogging down in vetocracy. Waiting 16 years on environmental review is not an option if we want to be anything but a laughingstock.


Annotations

I have written notes for every portion of the bill that is changed! Sections with such notes are denoted with the † and a darkened background when hovered over. Simply click on the section to have the annotation appear to the side.

H. R. [Number Here]

To amend chapter 261 of title 49, United States Code, to provide for high-speed rail corridor development, and for other purposes.

A BILL

To amend chapter 261 of title 49, United States Code, to provide for high-speed rail corridor development, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SEC. 1. SHORT TITLE

This Act may be cited as the “American High-Speed Rail Act”.

SEC. 2. AMENDMENTS TO CERTAIN HIGH-SPEED RAIL ASSISTANCE PROVISIONS.

  1. APPLICABILITY— 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.

  2. HIGH-SPEED RAIL CORRIDOR PLANNING— Section 26101 of title 49, United States Code, is amended —
    1. in subsection (a)—
      1. 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, a consortium composed of a public agency or group of public agencies and a private entity, or a private entity with demonstrated expertise in high-speed rail development, for corridor planning for up to 100 percent”;
      2. 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
      3. by adding at the end the following:
        1. In this subsection, the term ‘specified financial source’ means—
          1. 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.);
          2. the transportation infrastructure finance and innovation program in chapter 6 of title 23;
          3. 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;
          4. a State, local, or private source; or
          5. any combination of the sources described in subparagraphs (A) through (D).
        2. 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.
    2. in subsection (b)—
      1. by striking paragraph (2); and
      2. by striking “(1) A corridor” and inserting “A corridor”;
    3. in subsection (c)—
      1. in paragraph (13) by striking “and” at the end;
      2. by redesignating paragraph (14) as paragraph (15); and
      3. by inserting after paragraph (13) the following:
        1. the potential to serve an eligible place, as such term is defined in section 41731; and
        2. by adding at the end the following subsection:
          1. PROJECTS OR ACTIVITIES FOR HIGHER-SPEED RAIL.
            1. IN GENERAL—With respect to grants awarded under this section, the Secretary may award not more than 50 percent of grants under this section for projects or activities for higher-speed rail.
            2. RELEVANT REQUIREMENTS—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.

  3. HIGH SPEED RAIL TECHNOLOGY IMPROVEMENTS—Section 26102 of title 49, United States Code, is amended by adding at the end the following new subsection:
    1. FACTOR TO CONSIDER—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.

  4. Safety Regulations—Section 26103(1) of title 49, United States Code, is amended to read as follows:
    1. shall promulgate safety regulations for high-speed rail projects that:
      1. are aligned with international best practices, using as a baseline the safety standards of nations with established high-speed rail systems;
      2. prioritize interoperability within the high-speed rail network;
      3. require any deviation from these international standards to be justified by a cost-benefit analysis, using a standardized statistical value of life (SVL), demonstrating that:
        1. for more stringent safety measures, the monetary value of lives saved or injuries prevented exceeds the increased costs of implementation, based on the SVL;
        2. for less stringent safety measures, the decreased costs substantially outweigh any increased risk to life or limb, again based on the SVL, and the overall risk remains within internationally accepted parameters for high-speed rail safety;
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  5. Definitions—Section 26105 of title 49, United States Code, is amended—
    1. in paragraph (2), by striking “of more than 125 miles per hour” and inserting “of 160 miles per hour or more”; and
    2. by adding at the end the following paragraph:
      1. the term ‘higher-speed rail’—
        1. means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is—
          1. reasonably expected to reach sustained speeds of more than 100 miles per hour but less than 160 miles per hour; and
          2. made available to members of the general public as passengers; and
        2. does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation.

  6. High-Speed Rail Corridor Development—Section 26106 of title 49, United States Code, is amended—
    1. in subsection (a), by adding at the end the following: “In carrying out the program, the Secretary may designate high-speed rail corridors.”;
    2. in subsection (b)—
      1. in paragraph (1), by striking “or Amtrak” and inserting “Amtrak, a consortium of a private entity and one or more of any of the entities listed in this paragraph, or a private entity currently operating high speed rail”;
      2. 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).”;
      3. by striking paragraph (4); and
      4. by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively;
    3. in subsection (e)—
      1. in paragraph (2)—
        1. in subparagraph (B)(i)—
          1. in subclause (I), by adding “and” at the end; and
          2. in subclause (II), by striking “and” at the end;
        2. in subparagraph (B)(ii)—
          1. by striking subclause (I)
          2. in subclause (IV), by inserting “and” at the end
          3. by redesignating subclauses (II), (III) and (IV) as subclauses (I), (II) and (III), respectively;
        3. by striking subparagraph (C) and inserting the following:
          1. give greater consideration to projects that maximizes passenger miles traveled per dollar of federal funding spent, as determined by—
            1. projected ridership by route section;
            2. project cost efficiency;
            3. potential for future expansion and increased ridership; and
            4. other factors that contribute to maximizing the return on federal investment in terms of passenger miles traveled.
      2. by striking paragraph (3) and inserting the following:
          Grant conditions—
        1. The Secretary shall require each recipient of a grant under this chapter to comply with conditions that are consistent with those applicable to operational high-speed rail projects internationally.
        2. Grant recipients shall not be subject to:
          1. Buy American requirements beyond those applicable to private railroad operations in the United States;
          2. Wage requirements beyond those applicable to private railroad operations in the United States;
          3. Domestic content requirements beyond those applicable to private railroad operations in the United States; or
          4. Any other regulatory requirements that do not apply to private railroad operations in the United States.
        3. The Secretary shall publically publish timelines and negotiated prices associated with line items referred to during the construction of operation high-speed rail projects internationally.
    4. in the heading of subsection (f), by striking “Federal Share” and inserting “Funding”;
    5. in subsection (f),
      1. by striking “The Federal share” and all that follows and inserting “(1) FEDERAL SHARE.—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.”; and
      2. by adding at the end the following new paragraph:
        1. NON-FEDERAL SHARE—
          1. 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.
          2. In this section, the term ‘specified financial source’ means—
            1. 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.);
            2. the transportation infrastructure finance and innovation program in chapter 6 of title 23;
            3. 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;
            4. a State, local, or private source; or
            5. any combination of the sources described in clauses (i) through (v).
          3. 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.
    6. by striking subsection (g) and inserting the following:
      1. PRESIDENTIAL BORDER PERMITS.—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.
    7. by striking subsection (h) and inserting the following:
      1. PROJECTS OR ACTIVITIES FOR HIGHER-SPEED RAIL—
        1. IN GENERAL—With respect to grants awarded under this section, the Secretary may award not more than 50 percent of grants under this section for projects or activities for higher-speed rail.
        2. RELEVANT REQUIREMENTS—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.

  7. ADVANCE AQUISITION—
    1. IN GENERAL—Chapter 242 of title 49, United States Code, is amended by inserting after section 24202 the following:
        § 24203. Acquisition
      1. RAIL CORRIDOR PRESERVATION—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 at any time for a project that may use such property interests if the acquisition is otherwise permitted under Federal law.
      2. CERTIFICATION—Before authorizing advance acquisition under this section, the Secretary shall verify that—
        1. the recipient has authority to acquire the real property interest;
        2. the acquisition of the real property interest—
          1. is for a transportation purpose including but not limited to
            1. railroad right of way
            2. railroad stations and associated properties including but not limited to
              1. structures for passengers, workers and equipment
              2. connections to transportation networks
              3. parking facilities
              4. commercial and residential properties within 2 miles of the station
            3. real property useful for the construction of the properties mentioned in (i) and (ii)
          2. 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;
          3. does not prevent the lead agency from making an impartial decision as to whether to accept an alternative that is being considered;
          4. complies with other applicable Federal laws and regulations not waived by the Secretary;
          5. 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.).
      3. WAIVER—
        1. IN GENERAL—Notwithstanding any other provision of law, the Secretary of Transportation shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction on the properties acquired under this section. Any such decision by the Secretary shall be effective upon being published in the Federal Register.
        2. FEDERAL COURT REVIEW—
          1. IN GENERAL—The district courts of the United States shall have exclusive jurisdiction to hear all causes or claims arising from any action undertaken, or any decision made, by the Secretary of Transportation pursuant to paragraph (1). A cause of action or claim may only be brought alleging a violation of the Constitution of the United States. The court shall not have jurisdiction to hear any claim not specified in this subparagraph.
          2. TIME FOR FILING OF COMPLAINT—Any cause or claim brought pursuant to subparagraph (A) shall be filed not later than 60 days after the date of the action or decision made by the Secretary of Transportation. A claim shall be barred unless it is filed within the time specified.
          3. ABILITY TO SEEK APPELLATE REVIEW—An interlocutory or final judgment, decree, or order of the district court may be reviewed only upon petition for a writ of certiorari to the Supreme Court of the United States.
    2. CLERICAL AMENDMENT—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:
        24203. Acquisition.

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    SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 26104 of title 49, United States Code, is amended—
    1. by amending subsection (a) to read as follows:
      1. HIGH-SPEED RAIL CORRIDOR PLANNING.—There is authorized to be appropriated to carry out section 26101 $3,000,000,000 for each of fiscal years 2024 through 2028.

    2. by redesignating subsection (b) as subsection (e); and

    3. by inserting after subsection (a) the following:
      1. HIGH-SPEED RAIL TECHNOLOGY IMPROVEMENTS—There is authorized to be appropriated to carry out section 26102 $3,000,000,000 for each of fiscal years 2024 through 2028.
      2. HIGH-SPEED RAIL CORRIDOR DEVELOPMENT—There is authorized to be appropriated to carry out section 26106 $35,000,000,000 for each of fiscal years 2024 through 2028
      3. RESTRICTION—Not more than 50 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.

    SEC. 4. TRANSIT-ORIENTED DEVELOPMENT AROUND HIGH-SPEED RAIL STATIONS.

    1. IN GENERAL—Chapter 261 of title 49, United States Code, is amended by adding at the end the following:
        § 26108. Transit-Oriented Development Authority
      1. REAL ESTATE ACQUISITION—The Secretary of Transportation is authorized to purchase real estate within a 2-mile radius of any high-speed rail station developed under this chapter.
      2. DEVELOPMENT AUTHORITY—The Department of Transportation may construct housing and commercial real estate on land acquired under subsection (a) without regard for any state or local regulations, including but not limited to those pertaining to land use, setbacks, floor area requirements, and parking.
      3. REGULATORY EXEMPTIONS— Development under this section shall be exempt from all federal regulations that the Secretary of Transportation deems necessary under the authority of § 24203 (c)
      4. LEASEHOLD SALES—
        1. The Secretary may, as an alternative to direct development, sell leaseholds for lands acquired under subsection (a) to the highest bidder.
        2. Such leaseholds shall confer all exemptions from regulations as described in subsection (c).
        3. Leaseholders shall pay an annual fee of 2% of the market value of the land, as determined by a formula established by the Secretary.
      5. MARKET VALUE DETERMINATION—The Secretary shall establish and publish a formula for determining the market value of land for the purposes of subsection (d)(3).
      6. REVENUE USE—All revenues generated from leasehold sales or annual fees under this section shall be used to fund high-speed rail development and operations.

    2. CLERICAL AMENDMENT—The analysis for chapter 261 of title 49, United States Code, is amended by adding at the end the following:
        26108. Transit-Oriented Development Authority.

    SEC. 5. PAYMENTS OF CREDIT RISK PREMIUMS.

    Section 22402(f) of title 49, United States Code, is amended by adding at the end the following:
      AVAILABILITY OF GRANT AMOUNTS—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.

    SEC. 6. ACQUIRING FREIGHT TRAIN RIGHT OF WAY.

    1. In General—Chapter 261 of title 49, United States Code, is amended by adding at the end the following:
        § 26107. Acquiring freight rail right-of-way
      1. SALE OF PROPERTY—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.
      2. GRANTS FOR AQUISITION OF ADDITIONAL REAL PROPERTY ALONG RIGHT-OF-WAY—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.
      3. TAX TREATMENT—
        1. EXCLUSION OF GAIN, ETC—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.
        2. EXCLUSION OF GRANT AMOUNTS—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.
        3. EXCLUSION OF CERTAIN CAPITAL IMPROVEMENTS—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.
      4. APPLICABILITY OF LAW—Section 28103 shall apply to property described in subsection (a).

    2. Clerical Amendment—The analysis for chapter 261 of title 49, United States Code, is amended by adding at the end the following:
        26107. Acquiring freight rail right-of-way.

    SEC. 7. OPERATORS DEEMED RAIL CARRIERS AND EMPLOYERS.


    Section 22905(b) of title 49, United States Code, is amended—
    1. in the heading by striking “OPERATORS” and inserting “COVERED PERSONS”;

    2. by striking “A person that” and all that follows through “chapter” and inserting “(1) IN GENERAL.—A covered person”;

    3. by striking “as defined in Section 10102(5)” and all that follows through “applies” and inserting “only for the purposes of making it subject to the laws of the United States referred to in section 10501(c)(3)(A) of title 49, United States Code”;

    4. by redesignating paragraphs (1), (2), and (3) as (i), (ii), and (iii); and

    5. by adding at the end the following new paragraph:
      1. COVERED PERSON DEFINED—In this subsection, the term ‘covered person’—
        1. means—
          1. a person that conducts passenger rail operations over rail infrastructure constructed or improved with funding provided in whole or in part in a grant made under this chapter; and
          2. a person that performs work for, or in support of, passenger rail operations that is work performed by employees in crafts and classes recognized under section 2 of the Railway Labor Act (45 U.S.C. 152);
        2. does not include—
          1. an employer engaged primarily in the building and construction industry (as such term is used in section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f))) who is solely performing work as a contractor for a rail carrier;
          2. an employer solely performing work as a contractor or subcontractor for—
            1. 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
            2. an operator that uses such infrastructure, consistent with a collective bargaining agreement between the railroad or operator and a union representing employees in a craft or class recognized under section 2 of the Railway Labor Act (45 U.S.C. 152).
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