23 U.S. Code § 130 - Railway-highway crossings
Section 104(b)(3)(A) as in effect on the day before the date of enactment of the MAP–21, referred to in subsec. (f)(1), means section 104(b)(3)(A) of this title as in effect on the day before the date of enactment of Pub. L. 112–141, which amended section 104 generally. The date of enactment of the MAP–21 is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.
The date of enactment of the Rail Safety Improvement Act of 2008, referred to in subsec. (l), is the date of enactment of div. A of Pub. L. 110–432, which was approved Oct. 16, 2008.
2021—Subsec. (e). Pub. L. 117–58, § 11108(a)(1), substituted “Railway-Highway Grade Crossings” for “Protective Devices” in heading.
Subsec. (e)(1)(A). Pub. L. 117–58, § 11108(a)(2)(A), substituted “, the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026.” for “and the installation of protective devices at railway-highway crossings at least—” and cls. (i) to (v) which set out amounts to be set aside for fiscal years 2016 to 2020.
Subsec. (e)(1)(B). Pub. L. 117–58, § 11108(a)(2)(B), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “At least ½ of the funds set aside each fiscal year under subparagraph (A) shall be available for the installation of protective devices at railway-highway crossings.”
Subsec. (f)(3). Pub. L. 117–58, § 11108(b), substituted “100 percent” for “90 percent”.
Subsec. (g). Pub. L. 117–58, § 22403(c), amended subsec. (g) generally. Prior to amendment, subsec. (g) required annual reports on the progress being made to implement the railway-highway crossings program authorized by this section and the effectiveness of such improvements.
Pub. L. 117–58, § 11525(f), substituted “and Transportation of the Senate” for “and Transportation, of the Senate”, “thereafter, on” for “thereafter,, on”, and “implementation of the railway-highway” for “implementation of the railroad highway”.
Subsec. (i)(3)(B). Pub. L. 117–58, § 11108(c), substituted “$100,000” for “$7,500”.
Subsec. (k). Pub. L. 117–58, § 11108(d), substituted “8 percent” for “2 percent”.
2015—Pub. L. 114–94, § 1446(d)(5)(B), amended Pub. L. 112–141, § 1519(c). See 2012 Amendment notes below.
Subsec. (a). Pub. L. 114–94, § 1412, substituted “the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains” for “and the relocation of highways to eliminate grade crossings”.
Subsec. (e)(1). Pub. L. 114–94, § 1108, amended par. (1) generally. Prior to amendment, text read as follows: “Before making an apportionment under section 104(b)(3) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings. At least ½ of the funds authorized for and expended under this section shall be available for the installation of protective devices at railway-highway crossings. Sums authorized to be appropriated to carry out this section shall be available for obligation in the same manner as funds apportioned under section 104(b)(1) of this title.”
2012—Subsec. (e)(1). Pub. L. 112–141, § 1519(c)(5)(A), formerly § 1519(c)(6)(A), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), substituted “section 104(b)(3)” for “section 104(b)(5)”.
Subsec. (f)(1). Pub. L. 112–141, § 1519(c)(5)(B), formerly § 1519(c)(6)(B), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), inserted “as in effect on the day before the date of enactment of the MAP–21” after “section 104(b)(3)(A)”.
Subsec. (l)(3), (4). Pub. L. 112–141, § 1519(c)(5)(C), formerly § 1519(c)(6)(C), as renumbered by Pub. L. 114–94, § 1446(d)(5)(B), struck out pars. (3) and (4) which related to rulemaking authority and definitions.
2008—Subsec. (e)(2). Pub. L. 110–244, § 101(l), substituted “highway safety improvement program purposes” for “purposes under this subsection”.
Subsec. (l). Pub. L. 110–432 added subsec. (l).
2005—Subsec. (e). Pub. L. 109–59, § 1401(c)(1), formerly § 1401(d)(1), as renumbered by Pub. L. 110–244, § 101(s)(1), designated existing provisions as par. (1), inserted after par. designation “In general.—Before making an apportionment under section 104(b)(5) for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at railway-highway crossings.”, and added par. (2).
Subsec. (f). Pub. L. 109–59, § 1401(c)(2), formerly § 1401(d)(2), as renumbered by Pub. L. 110–244, § 101(s)(1), reenacted heading without change and amended text of subsec. (f) generally. Prior to amendment, text read as follows: “Twenty-five percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(2) of this title, 25 percent of such funds shall be apportioned to the States in the same manner as sums are apportioned under section 104(b)(6) of this title, and 50 percent of such funds shall be apportioned to the States in the ratio that total railway-highway crossings in each State bears to the total of such crossings in all States. The Federal share payable on account of any project financed with funds authorized to be appropriated to carry out this section shall be 90 percent of the cost thereof.”
Subsec. (g). Pub. L. 109–59, § 1401(c)(3), formerly § 1401(d)(3), as renumbered by Pub. L. 110–244, § 101(s)(1), in third sentence inserted “and the Committee on Commerce, Science, and Transportation,” after “Public Works” and substituted “, not later than April 1, 2006, and every 2 years thereafter,” for “not later than April 1 of each year”.
Subsec. (k). Pub. L. 109–59, § 1401(c)(4), formerly § 1401(d)(4), as renumbered by Pub. L. 110–244, § 101(s)(1), added subsec. (k).
1998—Subsec. (a). Pub. L. 105–178, § 1111(d), substituted “Subject to section 120” for “Except as provided in subsection (d) of section 120 of this title” in first sentence and “subject to section 120” for “except as provided in subsection (d) of section 120 of this title” in second sentence.
Subsec. (c). Pub. L. 105–178, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”.
Subsec. (j). Pub. L. 105–178, § 1202(d), added subsec. (j).
1996—Subsec. (i). Pub. L. 104–205 added subsec. (i).
1995—Subsec. (g). Pub. L. 104–59 substituted “Committee on Transportation and Infrastructure” for “Committee on Public Works and Transportation” in third sentence.
1987—Subsecs. (d) to (h). Pub. L. 100–17 added subsecs. (d) to (h).
Amendment by sections 11108(a)–(d) and 11525(f) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
Except as otherwise provided, amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Pub. L. 114–94, div. A, title I, § 1446(d), Dec. 4, 2015, 129 Stat. 1438, provided that the amendment made by section 1446(d)(5)(B) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Pub. L. 106–246, div. B, title II, § 2604, July 13, 2000, 114 Stat. 559, provided that:
Pub. L. 104–59, title III, § 351(b), (c), Nov. 28, 1995, 109 Stat. 622, 623, provided that:
Pub. L. 102–240, title I, § 1072, Dec. 18, 1991, 105 Stat. 2012, provided that:
Pub. L. 100–457, title III, § 324, Sept. 30, 1988, 102 Stat. 2150, provided that:
Similar provisions were contained in the following prior appropriation act:
Pub. L. 100–202, § 101(l) [title III, § 339], Dec. 22, 1987, 101 Stat. 1329–358, 1329–386.
Pub. L. 100–17, title I, § 159, Apr. 2, 1987, 101 Stat. 211, directed Secretary of Transportation to conduct a study of national highway-railroad crossing improvement and maintenance needs, with Secretary to consult with State highway administrations, the Association of American Railroads, highway safety groups, and any other appropriate entities in carrying out this study, and directed Secretary, not later than 24 months after Apr. 2, 1987, to submit a final report to Congress on results of the study along with recommendations of how crossing needs can be addressed in a cost effective manner.
Pub. L. 95–599, title I, § 162, Nov. 6, 1978, 92 Stat. 2720, authorized Secretary of Transportation, in cooperation with State highway departments and appropriate officials of local government, to undertake a comprehensive investigation and study of techniques for alleviating the environmental, social, economic, and developmental impacts of increased unit train traffic to meet national energy requirements in communities located along rail corridors experiencing such increased traffic and directed Secretary to report to Congress on results of such investigation and study not later than Mar. 31, 1979.
Pub. L. 93–87, title I, § 163, Aug. 13, 1973, 87 Stat. 280, as amended by Pub. L. 93–643, § 104, Jan. 4, 1975, 88 Stat. 2282; Pub. L. 94–280, title I, § 140(a)–(e), May 5, 1976, 90 Stat. 444; Pub. L. 95–599, title I, § 134(a)–(c), Nov. 6, 1978, 92 Stat. 2709; Pub. L. 96–470, title II, § 209(b), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97–424, title I, § 151, Jan. 6, 1983, 96 Stat. 2132; Pub. L. 100–17, title I, §§ 133(c)(3), 148, Apr. 2, 1987, 101 Stat. 172, 181; Pub. L. 100–202, § 101(l) [title III, § 346], Dec. 22, 1987, 101 Stat. 1329–358, 1329–388; Pub. L. 102–240, title I, § 1037, Dec. 18, 1991, 105 Stat. 1987; Pub. L. 104–66, title I, § 1121(e), Dec. 21, 1995, 109 Stat. 724, provided that:
Pub. L. 94–387, title I, § 101, Aug. 14, 1976, 90 Stat. 1176, provided in part:
Pub. L. 93–87, title II, § 203, Aug. 13, 1973, 87 Stat. 283, as amended by Pub. L. 94–280, title II, § 203, May 5, 1976, 90 Stat. 452; Pub. L. 95–599, title II, § 203, Nov. 6, 1978, 92 Stat. 2728; Pub. L. 96–470, title II, § 209(d), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97–327, § 5(b), Oct. 15, 1982, 96 Stat. 1612; Pub. L. 97–424, title II, § 205, Jan. 6, 1983, 96 Stat. 2139, which directed each State to conduct a survey of all highways to identify those railway crossings requiring separation, relocation, or protective devices and to establish and implement a schedule of projects for such purpose, which at a minimum was to provide for signs at all crossings, authorized appropriations for elimination of hazards of railway-highway crossings, provided for State apportionments and for the Federal share of the costs of projects, required each State to annually report to the Secretary of Transportation and the Secretary of Transportation to annually report to Congress on progress in implementing railroad-highway crossings program, and authorized use of matching funds with local governments for improvement of railroad crossings, was repealed by Pub. L. 100–17, title I, § 121(b), Apr. 2, 1987, 101 Stat. 160.
Highway authorizations provisions of section 104(a)(1) and (2) of Pub. L. 93–87, title I, Aug. 13, 1973, 87 Stat. 251, referred to in section 203(d) of Pub. L. 93–87 provided that: