Page:United States Statutes at Large Volume 119.djvu/1937

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1919

(E) in subsection (c)(2), by striking ‘‘planning’’ and inserting ‘‘development’’. (2) CONFORMING AMENDMENT.—The item relating to section 26101 in the table of sections of chapter 261 of title 49, United States Code, is amended by striking ‘‘planning’’ and inserting ‘‘development’’. (b) AUTHORIZATION OF APPROPRIATIONS.—Section 26104 of title 49, United States Code, is amended to read as follows:

49 USC 26101.

‘‘§ 26104. Authorization of appropriations ‘‘(a) FISCAL YEARS 2006 THROUGH 2013.—There are authorized to be appropriated to the Secretary— ‘‘(1) $70,000,000 for carrying out section 26101; and ‘‘(2) $30,000,000 for carrying out section 26102, for each of the fiscal years 2006 through 2013. ‘‘(b) FUNDS TO REMAIN AVAILABLE.—Funds made available under this section shall remain available until expended.’’. (c) DEFINITION.—Section 26105(1) of title 49, United States Code, is amended by striking ‘‘and cooperative agreements’’ and inserting ‘‘, cooperative agreements, and other transactions’’. SEC. 9002. CAPITAL GRANTS FOR RAIL LINE RELOCATION PROJECTS.

(a) ESTABLISHMENT OF PROGRAM.— (1) PROGRAM REQUIREMENTS.—Chapter 201 of title 49, United States Code, is amended by adding at the end of subchapter II the following:

49 USC 20101.

‘‘§ 20154. Capital grants for rail line relocation projects ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Transportation shall carry out a grant program to provide financial assistance for local rail line relocation and improvement projects. ‘‘(b) ELIGIBILITY.—A State is eligible for a grant under this section for any construction project for the improvement of the route or structure of a rail line that either— ‘‘(1) is carried out for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development; or ‘‘(2) involves a lateral or vertical relocation of any portion of the rail line. ‘‘(c) CONSIDERATIONS FOR APPROVAL OF GRANT APPLICATIONS.— In determining whether to award a grant to an eligible State under this section, the Secretary shall consider the following factors: ‘‘(1) The capability of the State to fund the rail line relocation project without Federal grant funding. ‘‘(2) The requirement and limitation relating to allocation of grant funds provided in subsection (d). ‘‘(3) Equitable treatment of the various regions of the United States. ‘‘(4) The effects of the rail line, relocated or improved as proposed, on motor vehicle and pedestrian traffic, safety, community quality of life, and area commerce. ‘‘(5) The effects of the rail line, relocated as proposed, on the freight and passenger rail operations on the rail line. ‘‘(d) ALLOCATION REQUIREMENTS.—At least 50 percent of all grant funds awarded under this section out of funds appropriated for a fiscal year shall be provided as grant awards of not more than $20,000,000 each. The $20,000,000 amount shall be adjusted

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