§ 130. — Railwayhighway crossings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC130]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 130. Railway-highway crossings
(a) Subject to section 120 and subsection (b) of this section, the
entire cost of construction of projects for the elimination of hazards
of railway-highway crossings, including the separation or protection of
grades at crossings, the reconstruction of existing railroad grade
crossing structures, and the relocation of highways to eliminate grade
crossings, may be paid from sums apportioned in accordance with section
104 of this title. In any case when the elimination of the hazards of a
railway-highway crossing can be effected by the relocation of a portion
of a railway at a cost estimated by the Secretary to be less than the
cost of such elimination by one of the methods mentioned in the first
sentence of this section, then the entire cost of such relocation
project, subject to section 120 and subsection (b) of this section, may
be paid from sums apportioned in accordance with section 104 of this
title.
(b) The Secretary may classify the various types of projects
involved in the elimination of hazards of railway-highway crossings, and
may set for each such classification a percentage of the costs of
construction which shall be deemed to represent the net benefit to the
railroad or railroads for the purpose of determining the railroad's
share of the cost of construction. The percentage so determined shall in
no case exceed 10 per centum. The Secretary shall determine the
appropriate classification of each project.
(c) Any railroad involved in a project for the elimination of
hazards of railway-highway crossings paid for in whole or in part from
sums made available for expenditure under this title, or prior Acts,
shall be liable to the United States for the net benefit to the railroad
determined under the classification of such project made pursuant to
subsection (b) of this section. Such liability to the United States may
be discharged by direct payment to the State transportation department
of the State in which the project is located, in which case such payment
shall be credited to the cost of the project. Such payment may consist
in whole or in part of materials and labor furnished by the railroad in
connection with the construction of such project. If any such railroad
fails to discharge such liability within a six-month period after
completion of the project, it shall be liable to the United States for
its share of the cost, and the Secretary shall request the Attorney
General to institute proceedings against such railroad for the recovery
of the amount for which it is liable under this subsection. The Attorney
General is authorized to bring such proceedings on behalf of the United
States, in the appropriate district court of the United States, and the
United States shall be entitled in such proceedings to recover such sums
as it is considered and adjudged by the court that such railroad is
liable for in the premises. Any amounts recovered by the United States
under this subsection shall be credited to miscellaneous receipts.
(d) Survey and Schedule of Projects.--Each State shall conduct and
systematically maintain a survey of all highways to identify those
railroad crossings which may require separation, relocation, or
protective devices, and establish and implement a schedule of projects
for this purpose. At a minimum, such a schedule shall provide signs for
all railway-highway crossings.
(e) Funds for Protective Devices.--At least \1/2\ 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.
(f) Apportionment.--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) \1\ 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.
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\1\ See References in Text note below.
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(g) Annual Report.--Each State shall report to the Secretary not
later than December 30 of each year on the progress being made to
implement the railway-highway crossings program authorized by this
section and the effectiveness of such improvements. Each State report
shall contain an assessment of the costs of the various treatments
employed and subsequent accident experience at improved locations. The
Secretary shall submit a report to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives not later than April 1 of
each year, on the progress being made by the State in implementing
projects to improve railway-highway crossings. The report shall include,
but not be limited to, the number of projects undertaken, their
distribution by cost range, road system, nature of treatment, and
subsequent accident experience at improved locations. In addition, the
Secretary's report shall analyze and evaluate each State program,
identify any State found not to be in compliance with the schedule of
improvements required by subsection (d) and include recommendations for
future implementation of the railroad highway \2\ crossings program.
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\2\ So in original. Probably should be ``railroad-highway''.
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(h) Use of Funds for Matching.--Funds authorized to be appropriated
to carry out this section may be used to provide a local government with
funds to be used on a matching basis when State funds are available
which may only be spent when the local government produces matching
funds for the improvement of railway-highway crossings.
(i) Incentive Payments for At-Grade Crossing Closures.--
(1) In general.--Notwithstanding any other provision of this
section and subject to paragraphs (2) and (3), a State may, from
sums available to the State under this section, make incentive
payments to local governments in the State upon the permanent
closure by such governments of public at-grade railway-highway
crossings under the jurisdiction of such governments.
(2) Incentive payments by railroads.--A State may not make an
incentive payment under paragraph (1) to a local government with
respect to the closure of a crossing unless the railroad owning the
tracks on which the crossing is located makes an incentive payment
to the government with respect to the closure.
(3) Amount of state payment.--The amount of the incentive
payment payable to a local government by a State under paragraph (1)
with respect to a crossing may not exceed the lesser of--
(A) the amount of the incentive payment paid to the
government with respect to the crossing by the railroad
concerned under paragraph (2); or
(B) $7,500.
(4) Use of state payments.--A local government receiving an
incentive payment from a State under paragraph (1) shall use the
amount of the incentive payment for transportation safety
improvements.
(j) Bicycle Safety.--In carrying out projects under this section, a
State shall take into account bicycle safety.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 903; Pub. L. 100-17, title I,
Sec. 121(a), Apr. 2, 1987, 101 Stat. 159; Pub. L. 104-59, title III,
Sec. 325(a), Nov. 28, 1995, 109 Stat. 591; Pub. L. 104-205, title III,
Sec. 353(b), Sept. 30, 1996, 110 Stat. 2980; Pub. L. 105-178, title I,
Secs. 1111(d), 1202(d), 1212(a)(2)(A)(i), June 9, 1998, 112 Stat. 146,
170, 193.)
References in Text
Section 104(b) of this title, referred to in subsec. (f), was
amended generally by Pub. L. 105-178, title I, Sec. 1103(b), June 9,
1998, 112 Stat. 119, and, as so amended, no longer contains a par. (6).
Amendments
1998--Subsec. (a). Pub. L. 105-178, Sec. 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, Sec. 1212(a)(2)(A)(i), substituted
``State transportation department'' for ``State highway department''.
Subsec. (j). Pub. L. 105-178, Sec. 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).
Federal Share of Costs for Construction To Eliminate Hazards
Pub. L. 106-246, div. B, title II, Sec. 2604, July 13, 2000, 114
Stat. 559, provided that: ``Notwithstanding any other provision of law,
hereafter, funds apportioned under section 104(b)(3) of title 23 which
are applied to projects involving the elimination of hazards of railway-
highway crossings, including the separation or protection of grades at
crossings, the reconstruction of existing railroad grade crossing
structures, and the relocation of highways to eliminate grade crossings,
may have a Federal share up to 100 percent of the cost of
construction.''
Federal-State Cooperation
Section 351(b), (c) of Pub. L. 104-59 provided that:
``(b) Safety Enforcement.--
``(1) Cooperation between federal and state agencies.--The
National Highway Traffic Safety Administration and the Office of
Motor Carriers within the Federal Highway Administration shall
cooperate and work, on a continuing basis, with the National
Association of Governors' Highway Safety Representatives, the
Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc.,
to improve compliance with and enforcement of laws and regulations
pertaining to railroad-highway grade crossings.
``(2) Report.--Not later than June 1, 1998, the Secretary shall
submit to Congress a report indicating--
``(A) how the Department of Transportation worked with the
entities referred to in paragraph (1) to improve the awareness
of the highway and commercial vehicle safety and law enforcement
communities of regulations and safety challenges at railroad-
highway grade crossings; and
``(B) how resources are being allocated to better address
these challenges and enforce such regulations.
``(c) Federal-State Partnership.--
``(1) Statement of policy.--
``(A) Hazards to safety.--Certain railroad-highway grade
crossings present inherent hazards to the safety of railroad
operations and to the safety of persons using those crossings.
It is in the public interest--
``(i) to promote grade crossing safety and reduce risk
at high risk railroad-highway grade crossings; and
``(ii) to reduce the number of grade crossings while
maintaining the reasonable mobility of the American people
and their property, including emergency access.
``(B) Effective programs.--Effective programs to reduce the
number of unneeded and unsafe railroad-highway grade crossings
require the partnership of Federal, State, and local officials
and agencies, and affected railroads.
``(C) Highway planning.--Promotion of a balanced national
transportation system requires that highway planning
specifically take into consideration grade crossing safety.
``(2) Partnership and oversight.--The Secretary shall encourage
each State to make progress toward achievement of the purposes of
this subsection.''
Vehicle Proximity Alert System
Pub. L. 102-240, title I, Sec. 1072, Dec. 18, 1991, 105 Stat. 2012,
provided that: ``The Secretary shall coordinate the field testing of the
vehicle proximity alert system and comparable systems to determine their
feasibility for use by priority vehicles as an effective railroad-
highway grade crossing safety device. In the event the vehicle proximity
alert or a comparable system proves to be technologically and
economically feasible, the Secretary shall develop and implement
appropriate programs under section 130 of title 23, United States Code,
to provide for installation of such devices where appropriate.''
Railway-Highway Crossing Hazards; National Highway Information Program
Funding
Pub. L. 100-457, title III, Sec. 324, Sept. 30, 1988, 102 Stat.
2150, provided that: ``Notwithstanding any other provision of law, the
Secretary shall make available $250,000 per year for a national public
information program to educate the public of the inherent hazard at
railway-highway crossings. Such funds shall be made available out of
funds authorized to be appropriated out of the Highway Trust Fund,
pursuant to section 130 of title 23, United States Code.''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 100-202, Sec. 101(l) [title III, Sec. 339], Dec. 22, 1987,
101 Stat. 1329-358, 1329-386.
Railroad-Highway Crossings Study and Report
Section 159 of Pub. L. 100-17 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.
Study and Investigation of Alleviation of Environmental, Social, etc.,
Impacts of Increased Unit Train Traffic
Pub. L. 95-599, title I, Sec. 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.
Demonstration Project, Railroad-Highway Crossings; Reports to President
and Congress; Appropriations Authorization; Highway Safety Study, Report
to Congress
Pub. L. 93-87, title I, Sec. 163, Aug. 13, 1973, 87 Stat. 280, as
amended by Pub. L. 93-643, Sec. 104, Jan. 4, 1975, 88 Stat. 2282; Pub.
L. 94-280, title I, Sec. 140(a)-(e), May 5, 1976, 90 Stat. 444; Pub. L.
95-599, title I, Sec. 134(a)-(c), Nov. 6, 1978, 92 Stat. 2709; Pub. L.
96-470, title II, Sec. 209(b), Oct. 19, 1980, 94 Stat. 2245; Pub. L. 97-
424, title I, Sec. 151, Jan. 6, 1983, 96 Stat. 2132; Pub. L. 100-17,
title I, Secs. 133(c)(3), 148, Apr. 2, 1987, 101 Stat. 172, 181; Pub. L.
100-202, Sec. 101(l) [title III, Sec. 346], Dec. 22, 1987, 101 Stat.
1329-358, 1329-388; Pub. L. 102-240, title I, Sec. 1037, Dec. 18, 1991,
105 Stat. 1987; Pub. L. 104-66, title I, Sec. 1121(e), Dec. 21, 1995,
109 Stat. 724, provided that:
``(a)(1) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out demonstration projects in
Lincoln, Nebraska, Wheeling, West Virginia, and Elko, Nevada, for the
relocation of railroad lines from the central area of the cities in
conformance with the methodology developed under proposals submitted to
the Secretary by the respective cities. The cities shall (1) have a
local agency with legal authority to relocate railroad facilities, levy
taxes for such purpose, and a record of prior accomplishment; and (2)
have a current relocation plan for such lines which has a favorable
benefit-cost ratio involving and having the unanimous approval of three
or more class 1 railroads in Lincoln, Nebraska, and the two class 1
railroads in Wheeling, West Virginia, and Elko, Nevada, and multicivic,
local, and State agencies, and which provides for the elimination of a
substantial number of the existing railway-road conflict points within
the city.
``(2) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration project in
Lafayette, Indiana, for relocation of railroad lines from the central
area of the city. There are authorized to be appropriated to carry out
this paragraph $360,000 for the fiscal year ending June 30, 1975.
``(b) The Secretary of Transportation shall carry out a
demonstration project for the elimination or protection of certain
public ground-level rail-highway crossings in, or in the vicinity of,
Springfield, Illinois.
``(c) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out demonstration projects in
Brownsville, Texas, and Matamoros, Mexico, for the relocation of
railroad lines from the central area of the cities in conformance with
the methodology developed under proposals submitted to the Secretary by
the Brownsville Navigation District, providing for the construction of
an international bridge and for the elimination of a substantial number
of existing railway-road conflict points within the cities.
``(d) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration project in
East Saint Louis, Illinois, for the relocation of rail lines between
Thirteenth and Forty-third Streets, in accordance with methodology
approved by the Secretary. The Secretary of Transportation shall carry
out a demonstration project for the relocation of rail lines in the
vicinity of Carbondale, Illinois.
``(e) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration project in
New Albany, Indiana, for the elimination of the existing rail loop and
relocation of rail lines to a location between Vincennes Street and East
Eighth Street, in accordance with methodology approved by the Secretary.
``(f) The Secretary of Transportation shall carry out demonstration
projects for the construction of an overpass at the rail-highway grade
crossing on Cottage Grove Avenue between One Hundred Forty-second Street
and One Hundred Thirty-eighth Street in the village of Dolton, Illinois,
and the construction of an overpass at the rail-highway grade crossing
at Vermont Street and the Rock Island Railroad tracks in the city of
Blue Island, Illinois.
``(g) The Secretary of Transportation shall carry out a
demonstration project for the elimination of the ground level railroad
highway crossing on United States Route 69 in Greenville, Texas.
``(h) The Secretary of Transportation shall carry out a
demonstration project in Anoka, Minnesota, for the construction of an
underpass at the Seventh Avenue and County Road 7 railroad-highway grade
crossing.
``(i) The Secretary of Transportation shall carry out a
demonstration project in Metairie, Jefferson Parish, Louisiana, for the
relocation or grade separation of rail lines whichever he deems most
feasible in order to eliminate certain grade level railroad highway
crossings.
``(j) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration project in
Augusta, Georgia, for the relocation of railroad lines and for the
purpose of eliminating highway railroad grade crossings.
``(k) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration project in
Pine Bluff, Arkansas, for the relocation of railroad lines for the
purpose of eliminating highway railroad grade crossings.
``(l) The Secretary of Transportation shall carry out a
demonstration project in Sherman, Texas, for the relocation of rail
lines in order to eliminate the ground level railroad crossing at the
crossing of the Southern Pacific and Frisco Railroads with Grand Avenue-
Roberts Road.
``(m) The Secretary of Transportation shall enter into such
arrangements as may be necessary to carry out a demonstration project in
Hammond, Indiana, for the relocation of railroad lines for the purposes
of eliminating highway railroad grade crossings.
``(n) The Federal share payable on account of such projects shall be
the Federal share provided in section 120(a) of title 23, United States
Code. [sic] except those railroad-highway crossings segments which are
already engaged in or have completed the preparation of the plans,
specifications and estimates (PS&E) for the construction of the segment
involved shall retain the Federal share as specified in subsection [sic]
163(n) [this subsection] as amended by section 134 of the Surface
Transportation Assistance Act of 1978 [section 134 of Pub. L. 95-599].
``[(o) Repealed. Pub. L. 104-66, title I, Sec. 1121(e), Dec. 21,
1995, 109 Stat. 724.]
``(p) There is authorized to be appropriated to carry out this
section (other than subsection (l)), not to exceed $15,000,000 for the
fiscal year ending June 30, 1974, $25,000,000 for the fiscal year ending
June 30, 1975, and $50,000,000 for the fiscal year ending June 30, 1976,
$6,250,000, for the period beginning July 1, 1976, and ending September
30, 1976, $26,400,000 for the fiscal year ending September 30, 1977, and
$51,400,000 for the fiscal year ending September 30, 1978, $70,000,000
for the fiscal year ending September 30, 1979, and $90,000,000 for the
fiscal year ending September 30, 1980, $100,000,000 for the fiscal year
ending September 30, 1981, and $100,000,000 for the fiscal year ending
September 30, 1982, and $50,000,000 for the fiscal year ending September
30, 1983, and $50,000,000 for the fiscal year ending September 30, 1984,
and $50,000,000 for the fiscal year ending September 30, 1985, and
$50,000,000 for the fiscal year ending September 30, 1986, and
$15,000,000 per fiscal year for each of fiscal years 1987, 1988, 1989,
1990, 1991, 1992, 1993, and 1994, except that not more than two-thirds
of all funds authorized and expended under authority of this section in
any fiscal year shall be appropriated out of the Highway Trust fund.
Notwithstanding any other provision of this section, any project which
is not under construction, according to the Secretary of Transportation,
by September 30, 1985, shall not be eligible for additional funds under
this authorization.
``(q) The Secretary, in cooperation with State highway departments
and local officials, shall conduct a full and complete investigation and
study of the problem of providing increased highway safety by the
relocation of railroad lines from the central area of cities on a
nationwide basis, and report to the Congress his recommendations
resulting from such investigation and study not later than July 1, 1975,
including an estimate of the cost of such a program. Funds authorized to
carry out section 307 of title 23, United States Code, are authorized to
be used to carry out the investigation and study required by this
subsection.''
Demonstration Project, Railroad-Highway Crossings; Inclusion of Projects
at Terre Haute, Indiana
Pub. L. 94-387, title I, Sec. 101, Aug. 14, 1976, 90 Stat. 1176,
provided in part: ``That section 163 of Public Law 93-87 [set out as a
note above] is hereby amended to include projects at Terre Haute,
Indiana.''
Railroad-Highway Crossings
Pub. L. 93-87, title II, Sec. 203, Aug. 13, 1973, 87 Stat. 283, as
amended by Pub. L. 94-280, title II, Sec. 203, May 5, 1976, 90 Stat.
452; Pub. L. 95-599, title II, Sec. 203, Nov. 6, 1978, 92 Stat. 2728;
Pub. L. 96-470, title II, Sec. 209(d), Oct. 19, 1980, 94 Stat. 2245;
Pub. L. 97-327, Sec. 5(b), Oct. 15, 1982, 96 Stat. 1612; Pub. L. 97-424,
title II, Sec. 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, Sec. 121(b), Apr. 2, 1987, 101 Stat. 160.
Highway authorizations provisions of section 104(a) (1) and (2) of
Pub. L. 93-87, referred to in section 203(d) of Pub. L. 93-87 provided
that:
``(a) For the purpose of carrying out the provisions of title 23,
United States Code, the following sums are hereby authorized to be
appropriated:
``(1) For the Federal-aid primary system in rural areas, out of the
Highway Trust Fund, $680,000,000 for the fiscal year ending June 30,
1974, $700,000,000 for the fiscal year ending June 30, 1975, and
$700,000,000 for the fiscal year ending June 30, 1976. For the Federal-
aid secondary system in rural areas, out of Highway Trust Fund,
$390,000,000 for the fiscal year ending June 30, 1974, $400,000,000 for
the fiscal year ending June 30, 1975, and $400,000,000 for the fiscal
year ending June 30, 1976.
``(2) For the Federal-aid urban system, out of the Highway Trust
Fund, $780,000,000 for the fiscal year ending June 30, 1974,
$800,000,000 for the fiscal year ending June 30, 1975, and $800,000,000
for the fiscal year ending June 30, 1976. For the extensions of the
Federal-aid primary and secondary systems in urban areas, out of the
Highway Trust Fund $290,000,000 for the fiscal year ending June 30,
1974, $300,000,000 for the fiscal year ending June 30, 1975, and
$300,000,000 for the fiscal year ending June 30, 1976.''
Section Referred to in Other Sections
This section is referred to in sections 104, 133, 409 of this title.
