§ 70204. Multi-State freight corridor planning

• (a) Congress recognizes the right of States, cities, regional planning organizations, federally recognized Indian Tribes, and local public authorities (including public port authorities) that are regionally linked with an interest in a specific nationally or regionally significant multi-State freight corridor to enter into multi-State compacts to promote the improved mobility of goods, including—
  • (1) identifying projects along the corridor that benefit multiple States;
  • (2) assembling rights-of-way; and
  • (3) performing capital improvements.
• (b) A multi-State freight compact established by entities under subsection (a) may provide that, in order to carry out the compact, the relevant States or other entities may—
  • (1) accept contributions from a unit of State or local government;
  • (2) use any Federal or State funds made available for freight mobility infrastructure planning or construction, including applying for grants;
  • (3) subject to such terms and conditions as the States consider to be advisable—
    • (A) borrow money on a short-term basis; and
    • (B) issue—
      • (i) notes for borrowing under subparagraph (A); and
      • (ii) bonds; and
  • (4) obtain financing by other means permitted under applicable Federal or State law.
• (c)
  • (1) A multi-State freight compact under this section may establish a multi-State freight corridor advisory committee, which shall include representatives of State departments of transportation and other public and private sector entities with an interest in freight mobility, such as—
    • (A) ports;
    • (B) freight railroads;
    • (C) shippers;
    • (D) carriers;
    • (E) freight-related associations;
    • (F) third-party logistics providers;
    • (G) the freight industry workforce;
    • (H) environmental organizations;
    • (I) community organizations; and
    • (J) units of local government.
  • (2) An advisory committee established under paragraph (1) may—
    • (A) advise the parties to the applicable multi-State freight compact with respect to freight-related priorities, issues, projects, and funding needs that impact multi-State—
      • (i) freight mobility; and
      • (ii) supply chains;
    • (B) serve as a forum for States, Indian Tribes, and other public entities to discuss decisions affecting freight mobility;
    • (C) communicate and coordinate multi-State freight priorities with other organizations;
    • (D) promote the sharing of information between the private and public sectors with respect to freight issues; and
    • (E) provide information for consideration in the development of State freight plans under section 70202.
• (d)
  • (1) The Secretary of Transportation (referred to in this section as the “Secretary”) shall establish a program under which the Secretary shall provide grants to multi-State freight compacts, or States seeking to form a multi-State freight compact, that seek to improve a route or corridor that is a part of the National Multimodal Freight Network established under section 70103.
  • (2)
    • (A) To incentivize the establishment of multi-State freight compacts, the Secretary may award a grant for operations costs in an amount of not more than $2,000,000 to—
      • (i) a multi-State freight compact established under subsection (a) during the 2-year period beginning on the date of establishment of the multi-State freight compact; or
      • (ii) States seeking to form a multi-State freight compact described in that subsection.
    • (B)
      • (i) A multi-State freight compact shall be eligible for a grant under this paragraph only during the initial 2 years of operation of the compact.
      • (ii) States seeking to form a multi-State freight compact shall be eligible for a grant under this paragraph during—
        • (I) the 2-year period beginning on the date on which an application for a grant under this paragraph with respect to the proposed compact is submitted to the Secretary; or
        • (II) if the compact is formed before the date on which a grant under this paragraph is awarded in accordance with subclause (I), the initial 2 years of operation of the compact.
    • (C) To be eligible to receive a grant under this paragraph, a multi-State freight compact or the applicable States seeking to form a multi-State freight compact shall—
      • (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require;
      • (ii) provide a non-Federal match equal to not less than 25 percent of the operating costs of the multi-State freight compact; and
      • (iii) commit to establishing a multi-State freight corridor advisory committee under subsection (c)(1) during the initial 2-year period of operation of the compact.
  • (3)
    • (A) The Secretary may award a grant to multi-State freight compacts that are not eligible to receive a grant under paragraph (2) for operations costs in an amount of not more than $1,000,000.
    • (B) To be eligible to receive a grant under this paragraph, a multi-State freight compact shall—
      • (i) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require;
      • (ii) provide a non-Federal match of not less than 50 percent of the operating costs of the compact; and
      • (iii) demonstrate that the compact has established a multi-State freight corridor advisory committee under subsection (c)(1).
  • (4) There is authorized to be appropriated to the Secretary $5,000,000 for each fiscal year to carry out this subsection.