“ AUTHORITY.—The Secretary of Transportation may make grants to States, or to Amtrak in cooperation with States, for financing the capital costs of facilities, infrastructure, and equipment for high priority rail corridor projects necessary to reduce congestion or facilitate ridership growth in intercity rail passenger transportation. ”

“ The Secretary may not approve a grant for a project under this section unless the Secretary finds that the project is part of a State rail plan developed under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008, and that the applicant or recipient has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities. ”

“ The Secretary shall include with the notification a copy of the proposed letter or agreement, the criteria used in subsection (c) for selecting the project for a grant award, and a description of how the project meets such criteria. `` (3) An obligation or administrative commitment may be made only when amounts are appropriated. The letter of intent shall state that the contingent commitment is not an obligation of the Federal Government, and is subject to the availability of appropriations under Federal law and to Federal laws in force or enacted after the date of the contingent commitment. ”

“ CONSIDERATIONS FOR PROJECT LIST.—In preparing the list of freight and intercity passenger rail capital projects, a State rail transportation authority should take into consideration the following matters: `` (A) Contributions made by non-Federal and non-State sources through user fees, matching funds, or other private capital involvement. `` (B) Rail capacity and congestion effects. `` (C) Effects on highway, aviation, and maritime capacity, congestion, or safety. `` (D) Regional balance. `` (E) Environmental impact. `` (F) Economic and employment impacts. ”

“ A statement of the State’s passenger rail service objectives, including minimum service levels, for rail transportation routes in the State. `` (4) A general analysis of rail’s transportation, economic, and environmental impacts in the State, including congestion mitigation, trade and economic development, air quality, landuse, energy-use, and community impacts. `` (5) A long-range rail investment program for current and future freight and passenger infrastructure in the State that meets the requirements of subsection (b) . ”

“ The program shall— `` (1) address, among other matters, intercity rail passenger and freight rail services, including existing rail passenger and freight technologies and speeds, incrementally enhanced rail systems and infrastructure, and new high-speed wheel-on-rail systems; `` (2) address ways to expand the transportation of international trade traffic by rail, enhance the efficiency of intermodal interchange at ports and other intermodal terminals, and increase capacity and availability of rail service for seasonal freight needs ”

“ MEMBERSHIP.—The advisory board shall include— `` (A) representatives of State transportation agencies; `` (B) transportation and environmental economists, scientists, and engineers; and `` (C) representatives of Amtrak, the Alaska Railroad, freight railroads, transit operating agencies, intercity rail passenger agencies, railway labor organizations, and environmental organizations. ”

“ FUNDING.— In addition to the authorizations provided in this section, capital projects to carry out the purposes of this section shall be eligible for grants made pursuant to chapter 244 of title 49, United States Code. ”