State Action Plans
[Pub. L. 110–432, div. A, title II, § 202], Oct. 16, 2008, [122 Stat. 4868], provided that:“(a)In General.—Not later than 1 year after the date of enactment of this Act [Oct. 16, 2008], the Secretary shall identify the 10 States that have had the most highway-rail grade crossing collisions, on average, over the past 3 years and require those States to develop a State grade crossing action plan within a reasonable period of time, as determined by the Secretary. The plan shall identify specific solutions for improving safety at crossings, including highway-rail grade crossing closures or grade separations, and shall focus on crossings that have experienced multiple accidents or are at high risk for such accidents. The Secretary shall provide assistance to the States in developing and carrying out, as appropriate, the plan. The plan may be coordinated with other State or Federal planning requirements and shall cover a period of time determined to be appropriate by the Secretary. The Secretary may condition the awarding of any grants under section 20158, 20167, or 22501 of title 49, United States Code, to a State identified under this section on the development of such State’s plan.“(b)Review and Approval.—Not later than 60 days after the Secretary receives a plan under subsection (a), the Secretary shall review and approve or disapprove it. If the proposed plan is disapproved, the Secretary shall notify the affected State as to the specific areas in which the proposed plan is deficient, and the State shall correct all deficiencies within 30 days following receipt of written notice from the Secretary.”
[For definitions of “Secretary”, “State”, and “crossing”, as used in [section 202 of Pub. L. 110–432], set out above, see [section 2(a) of Pub. L. 110–432], set out as a note under [section 20102 of this title].]
Operation Lifesaver
[Pub. L. 110–432, div. A, title II, § 206], Oct. 16, 2008, [122 Stat. 4873], provided that:“(a)Grant.—The Federal Railroad Administration shall make a grant or grants to Operation Lifesaver to carry out a public information and education program to help prevent and reduce pedestrian, motor vehicle, and other accidents, incidents, injuries, and fatalities, and to improve awareness along railroad rights-of-way and at highway-rail grade crossings. The program shall include, as appropriate, development, placement, and dissemination of Public Service Announcements in newspaper, radio, television, and other media. The program shall also include, as appropriate, school presentations, brochures and materials, support for public awareness campaigns, and related support for the activities of Operation Lifesaver’s member organizations. As part of an educational program funded by grants awarded under this section, Operation Lifesaver shall provide information to the public on how to identify and report to the appropriate authorities unsafe or malfunctioning highway-rail grade crossings.“(b)Pilot Program.—The Secretary may allow funds provided under subsection (a) also to be used by Operation Lifesaver to implement a pilot program, to be known as the Railroad Safety Public Awareness Program, that addresses the need for targeted and sustained community outreach on the subjects described in subsection (a). Such a pilot program shall be established in 1 or more States identified under section 202 of this division [set out above]. In carrying out such a pilot program Operation Lifesaver shall work with the State, community leaders, school districts, and public and private partners to identify the communities at greatest risk, to develop appropriate measures to reduce such risks, and shall coordinate the pilot program with the State grade crossing action plan.“(c)Authorization of Appropriations.—There are authorized to be appropriated to the Federal Railroad Administration for carrying out this section—“(1) $2,000,000 for each of fiscal years 2010 and 2011; and“(2) $1,500,000 for each of fiscal years 2012 and 2013.”
[For definitions of “railroad”, “crossing”, “Secretary”, and “State”, as used in [section 206 of Pub. L. 110–432], set out above, see [section 2(a) of Pub. L. 110–432], set out as a note under [section 20102 of this title].]
