United States Department of Transportation - Federal Highway AdministrationSkip to content FHWA HomeFeedback
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)

Fact Sheets on Highway Provisions


Year 2005 2006 2007 2008 2009
Authorization* $0 $220M $220M $220M $220M
*In 2005 funded from the 10-percent safety setaside each State's apportionment
for the Surface Transportation Program. Beginning in 2006, funded from a
setaside from the total amount authorized for the new Highway Safety Improvement Program.

Program Purpose

To reduce the number of fatalities and injuries at public highway-rail grade crossings through the elimination of hazards and/or the installation/upgrade of protective devices at crossings.

Statutory References

SAFETEA-LU Section(s): 1401

Other: 23 USC 130


Funded by contract authority, to remain available for 4 years. Funds are subject to the overall Federal-aid obligation limitation.

Apportioned funds are to be distributed based on the following factors [1401, 23 USC 130(f)]:

  • 50% based on the formula factors for the Surface Transportation Program in 23 USC 104(b)(3)(A)
  • 50% based on the number of public railway-highway crossings

Each State is to receive a minimum of ½% of the program funds.

50% of each State's apportionment must be set aside for the installation of protective devices at railway-highway crossings. [1401, 23 USC 130(e)]

Eligible Use of Funds

All previous eligibilities under 23 USC 130 continue.

In addition, up to 2% of the funds apportioned to a State may be used for compilation and analysis of data for the required annual report to the Secretary on the progress being made to implement the railway-highway crossings program.

Activities funded under this program are also eligible for funding under the broader eligibilities of the Highway Safety Improvement Program.

Program Features

Most requirements of the program remain unchanged, including the following:

Each State is required to conduct and systematically maintain a survey of all highways to identify those railroad crossings that may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose. At a minimum this schedule is to provide signs for all railway-highway crossings. [23 USC 130(d)]

A railroad participating in a hazard elimination project is responsible for compensating the State transportation department for the net benefit to the railroad of the project. The net benefit is determined by the Secretary of Transportation, but may not exceed 10 percent of the project cost. [23 USC 130(b)-(c)]

The Secretary of transportation is required to report to Congress on the progress being made by the States implementing projects under this program.

Federal Share

The Federal share is 90 percent. [1401, 23 USC 130(f)(3)]

FHWA Home | Feedback