Passenger Rail Investment and Improvement Act of 2008
[“PRIIA,” Pub. L. 110-432]

Section 502: Submissions of Interest in Implementing a High-Speed Intercity Passenger Rail Corridor
 
Questions and Answers
 
Question : What will happen in September, once the proposals are evaluated? Will there be one proposal for a corridor? Would that selected team then be the one that could ultimately get to design/construct/finance/operate/maintain the corridor?

Answer : After September 14, 2009 depending on the response to the solicitation for Expressions of Interest, the Federal Railroad Administration will review the submissions for completeness. If a response is deemed complete it will be evaluated to determine if the project detailed in the Expression of Interest is: sufficiently credible to warrant further consideration; likely to result in a positive impact on the Nation’s transportation system; cost-effective; and in the public interest.
 
If an Expression of Interest is deemed to meet the criteria above, the Secretary of Transportation will establish a commission for the relevant corridor (provided adequate funds are available for that purpose). The commission will evaluate the submission and then report back to the Secretary with its findings. If multiple Expressions of Interest for the same corridor meet the criteria above, the commission findings are intended to advise the Secretary as to which project to select in a report to Congress. Finally, after submission of the report, the Secretary may make available up to $5,000,000 for preliminary engineering should such funds be appropriated by Congress.

Congress may or may not take legislative action regarding proposals described in the report. However, no Federal agency may take any action to implement, establish, facilitate, or otherwise act upon any proposal submitted under this section, other than those actions specifically authorized in Section 502. No promise can be made that a team selected for a corridor would ultimately get to design, construct, finance, operate, or maintain the corridor.

Question : Are train lines and/or corridors eligible for consideration that connect different designated high-speed rail corridors specified in section 502?

Answer : PRIIA Section 502 (a) (1) is explicit in specifying that the Expressions of Interest address only the following previously designated high-speed rail corridors, or portions thereof including the Northeast Corridor: the California Corridor, the Empire Corridor, the Pacific Northwest Corridor, the South Central Corridor, the Gulf Coast Corridor, the Chicago Hub Network, the Florida Corridor, the Northern New England Corridor, and the Southeast Corridor. For more specific definitions of these corridors please reference http://www.fra.dot.gov/us/content/618  on the FRA website.

However, The Secretary of Transportation will determine whether to designate (23 U.S.C. §104 (d) (2)) the one remaining authorized slot for a stand-alone high-speed rail corridor. As regards modifications or extensions of existing designations, Section 224(c)(2) of the PRIIA requires the Secretary of Transportation to “establish a process for a State or group of States to petition the Secretary to redesignate or modify any designated high-speed rail corridors.” This requirement has been recently enacted and no process has been established to date.

Question : What is the relationship between the Section 502 procedures, the authorization for high-speed rail funding under PRIIA Section 501, and the $8 billion high-speed rail funding under the American Recovery and Reinvestment Act of 2009 (ARRA)?

Answer : These processes are not directly related. However, states may choose to develop corridors based on projects submitted under the expressions of interest, and may choose to apply for grant(s) under ARRA to fund elements of such projects.

Please also reference FAQ’s regarding American Recovery and Reinvestment Act of 2009, www.fra.dot.gov/us/content/2153 .