US (United States) Code. Title 49. Subtitle III: General and intermodal programs. Chapter 55

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Transportation

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 34 páginas
publicidad
publicidad

-CITE-

49 USC CHAPTER 55 - INTERMODAL TRANSPORTATION 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

-HEAD-

CHAPTER 55 - INTERMODAL TRANSPORTATION

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

5501. National Intermodal Transportation System policy.

5502. Intermodal Transportation Advisory Board.

5503. Office of Intermodalism.

5504. Model intermodal transportation plans.

5505. University transportation research.

5506. Advanced vehicle technologies program.

SUBCHAPTER II - TERMINALS

5561. Definition.

5562. Assistance projects.

5563. Conversion of certain rail passenger terminals.

5564. Interim preservation of certain rail passenger

terminals.

5565. Encouraging the development of plans for converting

certain rail passenger terminals.

5566. Records and audits.

5567. Preference for preserving buildings of historic or

architectural significance.

5568. Authorization of appropriations.

AMENDMENTS

1998 - Pub. L. 105-178, title V, Secs. 5110(b), 5111(b), June 9,

1998, 112 Stat. 444, 445, added items 5505 and 5506.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 113 of this title.

-End-

-CITE-

49 USC SUBCHAPTER I - GENERAL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

-CITE-

49 USC Sec. 5501 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 5501. National Intermodal Transportation System policy

-STATUTE-

(a) General. - It is the policy of the United States Government

to develop a National Intermodal Transportation System that is

economically efficient and environmentally sound, provides the

foundation for the United States to compete in the global economy,

and will move individuals and property in an energy efficient way.

(b) System Characteristics. - (1) The National Intermodal

Transportation System shall consist of all forms of transportation

in a unified, interconnected manner, including the transportation

systems of the future, to reduce energy consumption and air

pollution while promoting economic development and supporting the

United States' preeminent position in international commerce.

(2) The National Intermodal Transportation System shall include a

National Highway System consisting of the Dwight D. Eisenhower

System of Interstate and Defense Highways and those principal

arterial roads that are essential for interstate and regional

commerce and travel, national defense, intermodal transfer

facilities, and international commerce and border crossings.

(3) The National Intermodal Transportation System shall include

significant improvements in public transportation necessary to

achieve national goals for improved air quality, energy

conservation, international competitiveness, and mobility for

elderly individuals, individuals with disabilities, and

economically disadvantaged individuals in urban and rural areas of

the United States.

(4) The National Intermodal Transportation System shall provide

improved access to ports and airports, the Nation's link to

commerce.

(5) The National Intermodal Transportation System shall give

special emphasis to the contributions of the transportation sectors

to increased productivity growth. Social benefits must be

considered with particular attention to the external benefits of

reduced air pollution, reduced traffic congestion, and other

aspects of the quality of life in the United States.

(6) The National Intermodal Transportation System must be

operated and maintained with insistent attention to the concepts of

innovation, competition, energy efficiency, productivity, growth,

and accountability. Practices that resulted in the lengthy and

overly costly construction of the Dwight D. Eisenhower System of

Interstate and Defense Highways must be confronted and stopped.

(7) The National Intermodal Transportation System shall be

adapted to "intelligent vehicles", "magnetic levitation systems",

and other new technologies, wherever feasible and economical, with

benefit cost estimates given special emphasis on safety

considerations and techniques for cost allocation.

(8) When appropriate, the National Intermodal Transportation

System will be financed, as regards Government apportionments and

reimbursements, by the Highway Trust Fund. Financial assistance

will be provided to State and local governments and their

instrumentalities to help carry out national goals related to

mobility for elderly individuals, individuals with disabilities,

and economically disadvantaged individuals.

(9) The National Intermodal Transportation System must be the

centerpiece of a national investment commitment to create the new

wealth of the United States for the 21st century.

(c) Distribution and Posting. - The Secretary of Transportation

shall distribute copies of the policy in subsections (a) and (b) of

this section to each employee of the Department of Transportation

and ensure that the policy is posted in all offices of the

Department.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 848.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5501 49:101 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 2, 105 Stat.

1914.

--------------------------------------------------------------------

In this section, the words "Dwight D. Eisenhower System of

Interstate and Defense Highways" are substituted for "National

System of Interstate and Defense Highways" because of the Act of

October 15, 1990 (Public Law 101-427, 104 Stat. 927).

-End-

-CITE-

49 USC Sec. 5502 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 5502. Intermodal Transportation Advisory Board

-STATUTE-

(a) Organization. - The Intermodal Transportation Advisory Board

is a board in the Office of the Secretary of Transportation.

(b) Membership. - The Board consists of the Secretary, who serves

as chairman, and the Administrator, or the Administrator's

designee, of -

(1) the Federal Highway Administration;

(2) the Federal Aviation Administration;

(3) the Maritime Administration;

(4) the Federal Railroad Administration; and

(5) the Federal Transit Administration.

(c) Duties and Powers. - The Board shall provide recommendations

for carrying out the duties of the Secretary described in section

301(3) of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 849.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5502 49:301 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 5002(b), 105

Stat. 2158.

--------------------------------------------------------------------

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by Congress, its duration is otherwise provided by law.

See sections 3(2), and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.

770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

49 USC Sec. 5503 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 5503. Office of Intermodalism

-STATUTE-

(a) Establishment. - The Secretary of Transportation shall

establish in the Office of the Secretary an Office of

Intermodalism.

(b) Director. - The head of the Office is a Director who shall be

appointed by the Secretary.

(c) Duties and Powers. - The Director shall carry out the duties

of the Secretary described in section 301(3) of this title.

(d) Research. - The Director shall -

(1) coordinate United States Government research on intermodal

transportation as provided in the plan developed under section

6009(b) of the Intermodal Surface Transportation Efficiency Act

of 1991 (Public Law 102-240, 105 Stat. 2177); and

(2) carry out additional research needs identified by the

Director.

(e) Technical Assistance. - The Director shall provide technical

assistance to States and to metropolitan planning organizations for

urban areas having a population of at least 1,000,000 in collecting

data related to intermodal transportation to facilitate the

collection of the data by States and metropolitan planning

organizations.

(f) Administrative and Clerical Support. - The Director shall

provide administrative and clerical support to the Intermodal

Transportation Advisory Board.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 850; Pub. L.

105-178, title V, Sec. 5109(b), June 9, 1998, 112 Stat. 440.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5503 49:301 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 5002(c), 105

Stat. 2158.

--------------------------------------------------------------------

-REFTEXT-

REFERENCES IN TEXT

Section 6009(b) of the Intermodal Surface Transportation

Efficiency Act of 1991, referred to in subsec. (d)(1), is section

6009(b) of Pub. L. 102-240, which is set out as a note under

section 508 of Title 23, Highways.

-MISC2-

AMENDMENTS

1998 - Subsecs. (d) to (g). Pub. L. 105-178 redesignated subsecs.

(e) to (g) as (d) to (f), respectively, and struck out heading and

text of former subsec. (d). Text read as follows:

"(1) The Director shall develop, maintain, and disseminate

intermodal transportation data through the Bureau of Transportation

Statistics. The Director shall coordinate the collection of data

for the data base with the States and metropolitan planning

organizations. The data base shall include information on -

"(A) the volume of property and number of individuals carried

in intermodal transportation by relevant classification;

"(B) patterns of movement of property and individuals in

intermodal transportation by relevant classification by origin

and destination; and

"(C) public and private investment in intermodal transportation

facilities and services.

"(2) The Director shall make information from the data base

available to the public."

-End-

-CITE-

49 USC Sec. 5504 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 5504. Model intermodal transportation plans

-STATUTE-

(a) Grants. - The Secretary of Transportation shall make grants

to States to develop model State intermodal transportation plans

that are consistent with the policy set forth in section 302(e) of

this title. The model plans shall include systems for collecting

data related to intermodal transportation.

(b) Distribution. - The Secretary shall award grants to States

under this section that represent a variety of geographic regions

and transportation needs, patterns, and modes.

(c) Plan Submission. - As a condition to a State receiving a

grant under this section, the Secretary shall require that the

State provide assurances that the State will submit to the

Secretary a State intermodal transportation plan not later than 18

months after the date of receipt of the grant.

(d) Grant Amounts. - The Secretary shall reserve, from amounts

deducted under section 104(a) of title 23, $3,000,000 to make

grants under this section. The total amount that a State may

receive in grants under this section may not be more than $500,000.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 850.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5504 49:301 (note). Dec. 18, 1991, Pub. L.

102-240, Sec. 5003, 105

Stat. 2159.

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 5505 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 5505. University transportation research

-STATUTE-

(a) Regional Centers. - The Secretary of Transportation shall

make grants to nonprofit institutions of higher learning to

establish and operate 1 university transportation center in each of

the 10 United States Government regions that comprise the Standard

Federal Regional Boundary System.

(b) Other Centers. - The Secretary shall make grants to nonprofit

institutions of higher learning to establish and operate university

transportation centers, in addition to the centers receiving grants

under subsection (a), to address transportation management and

research and development matters, with special attention to

increasing the number of highly skilled individuals entering the

field of transportation.

(c) Selection of Grant Recipients. -

(1) Applications. - In order to be eligible to receive a grant

under this section, a nonprofit institution of higher learning

shall submit to the Secretary an application that is in such form

and contains such information as the Secretary may require.

(2) Selection criteria. - Except as otherwise provided by this

section, the Secretary shall select each recipient of a grant

under this section through a competitive process on the basis of

the following:

(A) For regional centers, the location of the center within

the Federal region to be served.

(B) The demonstrated research and extension resources

available to the recipient to carry out this section.

(C) The capability of the recipient to provide leadership in

making national and regional contributions to the solution of

immediate and long-range transportation problems.

(D) The recipient's establishment of a surface transportation

program encompassing several modes of transportation.

(E) The recipient's demonstrated commitment of at least

$200,000 in regularly budgeted institutional amounts each year

to support ongoing transportation research and education

programs.

(F) The recipient's demonstrated ability to disseminate

results of transportation research and education programs

through a statewide or regionwide continuing education program.

(G) The strategic plan the recipient proposes to carry out

under the grant.

(d) Objectives. - Each university transportation center receiving

a grant under this section shall conduct the following programs and

activities:

(1) Basic and applied research, the products of which are

judged by peers or other experts in the field to advance the body

of knowledge in transportation.

(2) An education program that includes multidisciplinary course

work and participation in research.

(3) An ongoing program of technology transfer that makes

research results available to potential users in a form that can

be implemented, utilized, or otherwise applied.

(e) Maintenance of Effort. - In order to be eligible to receive a

grant under this section, a recipient shall enter into an agreement

with the Secretary to ensure that the recipient will maintain total

expenditures from all other sources to establish and operate a

university transportation center and related research activities at

a level at least equal to the average level of such expenditures in

its 2 fiscal years prior to award of a grant under this section.

(f) Federal Share. - The Federal share of the costs of activities

carried out using a grant made under this section is 50 percent of

costs. The non-Federal share may include funds provided to a

recipient under section 503, 504(b), or 505 of title 23, United

States Code.

(g) Program Coordination. -

(1) Coordination. - The Secretary shall coordinate the

research, education, training, and technology transfer activities

that grant recipients carry out under this section, disseminate

the results of the research, and establish and operate a

clearinghouse.

(2) Annual review and evaluation. - At least annually and

consistent with the plan developed under section 508 of title 23,

United States Code, the Secretary shall review and evaluate

programs the grant recipients carry out.

(3) Funding limitation. - The Secretary may use not more than 1

percent of amounts made available from Government sources to

carry out this subsection.

(h) Limitation on Availability of Funds. - Funds made available

to carry out this program shall remain available for obligation for

a period of 2 years after the last day of the fiscal year for which

such funds are authorized.

(i) Number and Amount of Grants. - Subject to section 5338(e):

(1) Fiscal years 1998 and 1999. - For each of fiscal years 1998

and 1999, the Secretary shall make the following grants under

this section:

(A) Group a. - The Secretary shall make a grant in the amount

of $1,000,000 to each of the institutions or groups of

institutions in group A.

(B) Group b. - The Secretary shall make a grant in the amount

of $300,000 to each of the institutions or groups of

institutions in group B.

(C) Group c. - The Secretary shall make a grant in the amount

of $750,000 to each of the institutions or groups of

institutions in group C.

(D) Group d. - The Secretary shall make a grant in the amount

of $2,000,000 to each of the institutions or groups of

institutions in group D.

(2) Fiscal years 2000 and 2001. - For each of fiscal years 2000

and 2001, the Secretary shall make the following grants under

this section:

(A) Group a. - The Secretary shall make a grant in the amount

of $1,000,000 to each of the institutions or groups of

institutions in group A.

(B) Group b. - The Secretary shall make a grant in the amount

of $500,000 to 8 of the institutions or groups of institutions

in group B.

(C) Group c. - The Secretary shall make a grant in the amount

of $750,000 to each of the institutions or groups of

institutions in group C.

(D) Group d. - The Secretary shall make a grant in the amount

of $2,000,000 to each of the institutions or groups of

institutions in group D.

(3) Fiscal years 2002 and 2003. - For each of fiscal years 2002

and 2003, the Secretary shall make the following grants under

this section:

(A) Group a. - The Secretary shall make a grant in the amount

of $1,000,000 to each of the institutions or groups of

institutions in group A.

(B) Groups b and c. - The Secretary shall make a grant in the

amount of $1,000,000 to 10 of the institutions or groups of

institutions in groups B and C that received grants under this

section in fiscal years 2000 and 2001.

(C) Group d. - The Secretary shall make a grant in the amount

of $2,000,000 to each of the institutions or groups of

institutions in group D.

(j) Identification of Groups. - For the purpose of making grants

under this section, the following groups are identified:

(1) Group a. - Group A shall consist of the 10 regional centers

selected under subsection (a).

(2) Group b. - Group B shall consist of the following:

(A) The University of Denver and Mississippi State

University.

(B) The University of Central Florida.

(C) University of Southern California and California State

University at Long Beach.

(D) Rutgers University.

(E) University of Missouri at Rolla.

(F) South Carolina State University.

(G) Joseph P. Kennedy Science and Technology Center,

Assumption College, Massachusetts.

(H) Purdue University.

(3) Group c. - Group C shall consist of the following:

(A) University of Arkansas.

(B) New Jersey Institute of Technology.

(C) University of Idaho.

(D) The University of Alabama.

(E) Morgan State University.

(F) North Carolina State University.

(G) San Jose State University.

(H) University of South Florida.

(I) North Carolina A. and T. State University.

(4) Group d. - Group D shall consist of the following:

(A) University of Minnesota.

(B) Marshall University, West Virginia, on behalf of a

consortium which may also include West Virginia University

Institute of Technology, the College of West Virginia, and

Bluefield State College.

(C) George Mason University, along with the University of

Virginia and Virginia Tech University.

(D) Western Transportation Institute.

(E) Rhode Island Transportation Research Center.

(F) Northwestern University.

-SOURCE-

(Added and amended Pub. L. 105-178, title V, Sec. 5110(a), (d),

June 9, 1998, 112 Stat. 441; Pub. L. 105-206, title IX, Sec.

9011(d), July 22, 1998, 112 Stat. 863.)

-MISC1-

AMENDMENTS

1998 - Subsec. (g)(2). Pub. L. 105-178, Sec. 5110(d)(1), as added

by Pub. L. 105-206, substituted "'section 508 of title 23, United

States Code," for "section 5506,".

Subsec. (i). Pub. L. 105-178, Sec. 5110(d)(2), as added by Pub.

L. 105-206, inserted "Subject to section 5338(e):" before par. (1)

and substituted "institutions or groups of institutions" for

"institutions" wherever appearing.

Subsec. (j)(4)(B). Pub. L. 105-178, Sec. 5110(d)(3), as added by

Pub. L. 105-206, substituted "on behalf of a consortium which may

also include West Virginia University Institute of Technology, the

College of West Virginia, and Bluefield State College" for "on

behalf of a consortium of West Virginia colleges and universities".

EFFECTIVE DATE OF 1998 AMENDMENT

Title IX of Pub. L. 105-206 effective simultaneously with

enactment of Pub. L. 105-178 and to be treated as included in Pub.

L. 105-178 at time of enactment, and provisions of Pub. L. 105-178,

as in effect on day before July 22, 1998, that are amended by title

IX of Pub. L. 105-206 to be treated as not enacted, see section

9016 of Pub. L. 105-206, set out as a note under section 101 of

Title 23, Highways.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5338 of this title; title

46 App. section 1121-2.

-End-

-CITE-

49 USC Sec. 5506 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 5506. Advanced vehicle technologies program

-STATUTE-

(a) Purposes. - The Secretary of Transportation, in coordination

with other government agencies and private consortia, shall

encourage and promote the research, development, and deployment of

transportation technologies that will use technological advances in

multimodal vehicles, vehicle components, environmental

technologies, and related infrastructure to remove impediments to

an efficient, safe, and cost-effective national transportation

system.

(b) Definition of Eligible Consortium. - In this section, the

term "eligible consortium" means a consortium that receives funding

under the Department of Defense Appropriations Act, 1993 (Public

Law 102-396; 106 Stat. 1876), and that comprises 2 or more of the

following entities:

(1) Businesses incorporated in the United States.

(2) Public or private educational or research organizations

located in the United States.

(3) Entities of State or local governments in the United

States.

(4) Federal laboratories.

(c) Program. - The Secretary shall enter into contracts,

cooperative agreements, and other transactions as authorized by

section 2371 of title 10 with, and make grants to, eligible

consortia to promote the development and deployment of innovation

in transportation technology services, management, and operational

practices.

(d) Eligibility Criteria. - To be eligible to receive assistance

under this section, an eligible consortium shall -

(1) for a period of not less than the 3 years preceding the

date of a contract, cooperative agreement, or other transaction,

be organized on a statewide or multistate basis for the purpose

of designing, developing, and deploying transportation

technologies that address identified technological impediments in

the transportation field;

(2) facilitate the participation in the consortium of small-

and medium-sized businesses, utilities, public laboratories and

universities, and other relevant entities;

(3) be actively engaged in transportation technology projects

that address compliance in nonattainment areas under the Clean

Air Act (42 U.S.C. 7401 et seq.);

(4) be designed to use Federal and State funding to attract

private capital in the form of grants or investments to carry out

this section; and

(5) ensure that at least 50 percent of the funding for the

consortium project will be provided by non-Federal sources.

(e) Proposals. - The Secretary shall prescribe such terms and

conditions as the Secretary determines to be appropriate for the

content and structure of proposals submitted for assistance under

this section.

(f) Reporting Requirements. - At least once each year, the

Secretary shall submit to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee on

Environment and Public Works of the Senate a report on the projects

undertaken by the eligible consortia and the progress made in

advancing the purposes of this section.

(g) Authorization of Appropriations. -

(1) In general. - There is authorized to be appropriated to

carry out this section $50,000,000 for each of fiscal years 1999

through 2003, to remain available until expended.

(2) Availability. - Notwithstanding section 118(a),(!1) funds

made available under paragraph (1) shall not be available in

advance of an annual appropriation.

-SOURCE-

(Added Pub. L. 105-178, title V, Sec. 5111(a), June 9, 1998, 112

Stat. 444.)

-REFTEXT-

REFERENCES IN TEXT

The Department of Defense Appropriations Act, 1993, referred to

in subsec. (b), is Pub. L. 102-396, Oct. 6, 1992, 106 Stat. 1876.

For complete classification of this Act to the Code, see Tables.

The Clean Air Act, referred to in subsec. (d)(3), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42, The Public

Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of Title 42

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47136 of this title.

-FOOTNOTE-

(!1) So in original. This title does not contain a section 118.

-End-

-CITE-

49 USC SUBCHAPTER II - TERMINALS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER II - TERMINALS

-HEAD-

SUBCHAPTER II - TERMINALS

-End-

-CITE-

49 USC Sec. 5561 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER II - TERMINALS

-HEAD-

Sec. 5561. Definition

-STATUTE-

In this chapter, "civic and cultural activities" includes

libraries, musical and dramatic presentations, art exhibits, adult

education programs, public meeting places, and other facilities for

carrying on an activity any part of which is supported under a law

of the United States.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 851.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5561 49 App.:1653(i)(10). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

4(i)(10); added Oct. 28,

1974, Pub. L. 93-496, Secs.

6, 15, 88 Stat. 1530, 1533;

Feb. 5, 1976, Pub. L.

94-210, Sec. 707(3), 90

Stat. 125; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412.

--------------------------------------------------------------------

In this chapter, both sections 6 and 15 of the Amtrak Improvement

Act (Public Law 93-496, 88 Stat. 1528, 1533) are listed as source

credits for the addition of section 4(i) to the Department of

Transportation Act (Public Law 89-670, 80 Stat. 931). This is done

to conform to the probable intent of Congress as evidenced by the

directory language of section 15 of the Act of October 28, 1974.

In this section, the words "for community groups, convention

visitors and others" are omitted as unnecessary.

-End-

-CITE-

49 USC Sec. 5562 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER II - TERMINALS

-HEAD-

Sec. 5562. Assistance projects

-STATUTE-

(a) Requirements To Provide Assistance. - The Secretary of

Transportation shall provide financial, technical, and advisory

assistance under this chapter to -

(1) promote, on a feasibility demonstration basis, the

conversion of at least 3 rail passenger terminals into intermodal

transportation terminals;

(2) preserve rail passenger terminals that reasonably are

likely to be converted or maintained pending preparation of plans

for their reuse;

(3) acquire and use space in suitable buildings of historic or

architectural significance but only if use of the space is

feasible and prudent when compared to available alternatives; and

(4) encourage State and local governments, local and regional

transportation authorities, common carriers, philanthropic

organizations, and other responsible persons to develop plans to

convert rail passenger terminals into intermodal transportation

terminals and civic and cultural activity centers.

(b) Effect on Eligibility. - This chapter does not affect the

eligibility of any rail passenger terminal for preservation or

reuse assistance under another program or law.

(c) Acquiring Space. - The Secretary may acquire space under

subsection (a)(3) of this section only after consulting with the

Advisory Council on Historic Preservation and the Chairman of the

National Endowment for the Arts.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 851.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5562(a) 49 App.:1653(i)(1). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

4(i)(1); added Oct. 28,

1974, Pub. L. 93-496, Secs.

6, 15, 88 Stat. 1528, 1533;

Feb. 5, 1976, Pub. L.

94-210, Sec. 707(1), (2), 90

Stat. 125; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412.

5562(b) 49 App.:1653(i)(11). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

4(i)(11); added Oct. 28,

1974, Pub. L. 93-496, Secs.

6, 15, 88 Stat. 1530, 1533;

Feb. 5, 1976, Pub. L.

94-210, Sec. 707(3), 90

Stat. 125; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412.

5562(c) 49 App.:1653(i)(4). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

4(i)(4); added Feb. 5, 1976,

Pub. L. 94-210, Sec. 707(4),

90 Stat. 125; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412.

--------------------------------------------------------------------

In subsection (a)(3), the words "but only if" are substituted for

"unless . . . would not" for consistency.

In subsection (a)(4), the word "encourage" is substituted for

"stimulating" for clarity.

In subsection (b), the words "This chapter does not affect" are

substituted for "Nothing in this subsection shall be construed to

invalidate" for clarity and consistency. The words "rail passenger

terminal" are substituted for "station", and the word "law" is

substituted for "statute", for consistency.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5563, 5564, 5565, 5568 of

this title.

-End-

-CITE-

49 USC Sec. 5563 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER II - TERMINALS

-HEAD-

Sec. 5563. Conversion of certain rail passenger terminals

-STATUTE-

(a) Authority To Provide Assistance. - The Secretary of

Transportation may provide financial assistance to convert a rail

passenger terminal to an intermodal transportation terminal under

section 5562(a)(1) of this title only if -

(1) the terminal can be converted to accommodate other modes of

transportation the Secretary of Transportation decides are

appropriate, including -

(A) motorbus transportation;

(B) mass transit (rail or rubber tire); and

(C) airline ticket offices and passenger terminals providing

direct transportation to area airports;

(2) the terminal is listed on the National Register of Historic

Places maintained by the Secretary of the Interior;

(3) the architectural integrity of the terminal will be

preserved;

(4) to the extent practicable, the use of the terminal

facilities for transportation may be combined with use of those

facilities for other civic and cultural activities, especially

when another activity is recommended by -

(A) the Advisory Council on Historic Preservation;

(B) the Chairman of the National Endowment for the Arts; or

(C) consultants retained under subsection (b) of this

section; and

(5) the terminal and the conversion project meet other criteria

prescribed by the Secretary of Transportation after consultation

with the Council and Chairman.

(b) Architectural Integrity. - The Secretary of Transportation

must employ consultants on whether the architectural integrity of

the rail passenger terminal will be preserved under subsection

(a)(3) of this section. The Secretary may decide that the

architectural integrity will be preserved only if the consultants

concur. The Council and Chairman shall recommend consultants to be

employed by the Secretary. The consultants also may make

recommendations referred to in subsection (a)(4) of this section.

(c) Government's Share of Costs. - The Secretary of

Transportation may not make a grant under this section for more

than 80 percent of the total cost of converting a rail passenger

terminal into an intermodal transportation terminal.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 851.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5563(a), 49 App.:1653(i)(2) Oct. 15, 1966, Pub. L.

(b) (1st sentence). 89-670, 80 Stat. 931, Sec.

4(i)(2); added Oct. 28,

1974, Pub. L. 93-496, Secs.

6, 15, 88 Stat. 1528, 1533;

May 26, 1975, Pub. L. 94-25,

Sec. 13, 89 Stat. 93; Oct.

5, 1978, Pub. L. 95-421,

Sec. 14, 92 Stat. 929.

5563(c) 49 App.:1653(i)(2)

(last sentence).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "to convert a

rail passenger terminal to an intermodal transportation terminal

under section 5562(a)(1) of this title" are substituted for "for

the purpose set forth in paragraph (1)(A) of this subsection" for

clarity and because of the restatement. In clause (5), the word

"prescribed" is substituted for "develop and promulgate" for

consistency in the revised title and with other titles of the

United States Code.

Subsection (b) is substituted for "and such judgment is concurred

in by consultants recommended by the Chairman of the National

Endowment of [sic] the Arts and the Advisory Council on Historic

Preservation and retained for this purpose by the Secretary" for

clarity and consistency in the revised title.

-End-

-CITE-

49 USC Sec. 5564 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER II - TERMINALS

-HEAD-

Sec. 5564. Interim preservation of certain rail passenger terminals

-STATUTE-

(a) General Grant Authority. - Subject to subsection (b) of this

section, the Secretary of Transportation may make a grant of

financial assistance to a responsible person (including a

governmental authority) to preserve a rail passenger terminal under

section 5562(a)(2) of this title. To receive assistance under this

section, the person must be qualified, prepared, committed, and

authorized by law to maintain (and prevent the demolition,

dismantling, or further deterioration of) the terminal until plans

for its reuse are prepared.

(b) Grant Requirements. - The Secretary of Transportation may

make a grant of financial assistance under this section only if -

(1) the Secretary decides the rail passenger terminal has a

reasonable likelihood of being converted to, or conditioned for

reuse as, an intermodal transportation terminal, a civic or

cultural activities center, or both; and

(2) planning activity directed toward conversion or reuse has

begun and is proceeding in a competent way.

(c) Maximizing Preservation of Terminals. - (1) Amounts

appropriated to carry out this section and section 5562(a)(2) of

this title shall be expended in the way most likely to maximize the

preservation of rail passenger terminals that are -

(A) reasonably capable of conversion to intermodal

transportation terminals;

(B) listed in the National Register of Historic Places

maintained by the Secretary of the Interior; or

(C) recommended (on the basis of architectural integrity and

quality) by the Advisory Council on Historic Preservation or the

Chairman of the National Endowment for the Arts.

(2) The Secretary of Transportation may not make a grant under

this section for more than 80 percent of the total cost of

maintaining the terminal for an interim period of not more than 5

years.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 852.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5564(a) 49 App.:1653(i)(3) Oct. 15, 1966, Pub. L.

(1st sentence words 89-670, 80 Stat. 931, Sec.

before proviso). 4(i)(3); added Oct. 28,

1974, Pub. L. 93-496, Secs.

6, 15, 88 Stat. 1529, 1533;

Oct. 5, 1978, Pub. L.

95-421, Sec. 14, 92 Stat.

929.

5564(b) 49 App.:1653(i)(3)

(1st sentence

proviso).

5564(c) 49 App.:1653(i)(3)

(2d, last

sentences).

--------------------------------------------------------------------

In subsection (a), the words "Subject to subsection (b) of this

section" are added for clarity. The word "authority" is substituted

for "entity" for consistency in the revised title. The words "in

accordance with regulations" and "applicable" are omitted as

surplus.

In subsection (b), the words before clause (1) are substituted

for "Provided, That" for clarity and consistency in the revised

title.

In subsection (c)(2), the words "The Secretary of Transportation

may not make a grant" are substituted for "The amount of the

Federal share of any grant . . . shall not exceed" for clarity and

consistency in this chapter.

-End-

-CITE-

49 USC Sec. 5565 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER II - TERMINALS

-HEAD-

Sec. 5565. Encouraging the development of plans for converting

certain rail passenger terminals

-STATUTE-

(a) General Grant Authority. - The Secretary of Transportation

may make a grant of financial assistance to a qualified person

(including a governmental authority) to encourage the development

of plans for converting a rail passenger terminal under section

5562(a)(4) of this title. To receive assistance under this section,

the person must -

(1) be prepared to develop practicable plans that meet zoning,

land use, and other requirements of the applicable State and

local jurisdictions in which the terminal is located;

(2) incorporate into the designs and plans proposed for

converting the terminal, features that reasonably appear likely

to attract private investors willing to carry out the planned

conversion and its subsequent maintenance and operation; and

(3) complete the designs and plans for the conversion within

the period of time prescribed by the Secretary.

(b) Preference. - In making a grant under this section, the

Secretary of Transportation shall give preferential consideration

to an applicant whose completed designs and plans will be carried

out within 3 years after their completion.

(c) Maximizing Conversion and Continued Public Use. - (1) Amounts

appropriated to carry out this section and section 5562(a)(4) of

this title shall be expended in the way most likely to maximize the

conversion and continued public use of rail passenger terminals

that are -

(A) listed in the National Register of Historic Places

maintained by the Secretary of the Interior; or

(B) recommended (on the basis of architectural integrity and

quality) by the Advisory Council on Historic Preservation or the

Chairman of the National Endowment for the Arts.

(2) The Secretary of Transportation may not make a grant under

this section for more than 80 percent of the total cost of the

project for which the financial assistance is provided.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 853; Pub. L.

103-429, Sec. 6(15), Oct. 31, 1994, 108 Stat. 4379.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5565(a) 49 App.:1653(i)(5) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, 80 Stat. 931, Sec.

4(i)(5); added Oct. 28,

1974, Pub. L. 93-496, Secs.

6, 15, 88 Stat. 1529, 1533;

Feb. 5, 1976, Pub. L.

94-210, Sec. 707(3), 90

Stat. 125; Oct. 5, 1978,

Pub. L. 95-421, Sec. 14, 92

Stat. 929; Sept. 29, 1979,

Pub. L. 96-73, Sec. 128, 93

Stat. 553; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412.

5565(b) 49 App.:1653(i)(5)

(2d sentence).

5565(c) 49 App.:1653(i)(5)

(3d, last

sentences).

--------------------------------------------------------------------

In subsection (a), before clause (1), the word "authority" is

substituted for "entity" for consistency in the revised title. The

words "in accordance with regulations" are omitted as unnecessary

because of 49:322(a). In clause (1), the words "as well as

requirements . . . under this subsection" are omitted as

unnecessary because of the restatement. In clause (2), the words

"into an intermodal transportation terminal, a civic or cultural

center, or both" are omitted as unnecessary. In clause (3), the

word "prescribed" is substituted for "establishes" as being more

appropriate.

In subsection (b), the words "carried out" are substituted for

"implemented and effectuated" for consistency in the revised title.

In subsection (c)(2), the words "The Secretary of Transportation

may not make a grant" are substituted for "The amount of the

Federal share of any grant . . . shall not exceed" for clarity and

consistency in this chapter. The word "undertaking" is omitted as

being included in "project".

PUB. L. 103-429

This amends 49:5565 to correct an erroneous section catchline.

AMENDMENTS

1994 - Pub. L. 103-429 inserted "certain" after "converting" in

section catchline.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-End-

-CITE-

49 USC Sec. 5566 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER II - TERMINALS

-HEAD-

Sec. 5566. Records and audits

-STATUTE-

(a) Record Requirements. - Each recipient of financial assistance

under this chapter shall keep records required by the Secretary of

Transportation. The records shall disclose -

(1) the amount, and disposition by the recipient, of the

proceeds of the assistance;

(2) the total cost of the project for which the assistance was

given or used;

(3) the amount of that part of the cost of the project supplied

by other sources; and

(4) any other records that will make an effective audit easier.

(b) Audits and Inspections. - For 3 years after a project is

completed, the Secretary and the Comptroller General may audit and

inspect records of a recipient that the Secretary or Comptroller

General decides may be related or pertinent to the financial

assistance.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 853.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5566(a) 49 App.:1653(i)(8) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, 80 Stat. 931, Sec.

4(i)(8); added Oct. 28,

1974, Pub. L. 93-496, Secs.

6, 15, 88 Stat. 1530, 1533;

Feb. 5, 1976, Pub. L.

94-210, Sec. 707(3), 90

Stat. 125; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412.

5566(b) 49 App.:1653(i)(8)

(last sentence).

--------------------------------------------------------------------

In this section, the word "undertaking" is omitted as being

included in "project".

In subsection (a), before clause (1), the word "fully" is omitted

as surplus.

In subsection (b), the words "the expiration of" and "of the

United States" are omitted as surplus. The words "or any of their

duly authorized representatives" are omitted as unnecessary because

of 49:322(b) and 31:711(2). The words "may audit and inspect" are

substituted for "shall have access for the purpose of audit and

examination" for consistency in the revised title and with other

titles of the United States Code. The word "recipient" is

substituted for "such receipts" to correct an error in the

underlying source provisions.

-End-

-CITE-

49 USC Sec. 5567 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER II - TERMINALS

-HEAD-

Sec. 5567. Preference for preserving buildings of historic or

architectural significance

-STATUTE-

Amtrak shall give preference to the use of rail passenger

terminal facilities that will preserve buildings of historic or

architectural significance.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 854.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5567 49 App.:1653(i)(7). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

4(i)(7); added Oct. 28,

1974, Pub. L. 93-496, Secs.

6, 15, 88 Stat. 1530, 1533;

Feb. 5, 1976, Pub. L.

94-210, Sec. 707(3), 90

Stat. 125; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412.

--------------------------------------------------------------------

The word "Amtrak" is substituted for "The National Railroad

Passenger Corporation" for consistency in the revised title. The

words "rail passenger terminal" are substituted for "station" for

consistency in this chapter. The word "or" is substituted for "and"

for consistency with the source provisions being restated in

section 5562(a)(3) of the revised title.

-End-

-CITE-

49 USC Sec. 5568 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55 - INTERMODAL TRANSPORTATION

SUBCHAPTER II - TERMINALS

-HEAD-

Sec. 5568. Authorization of appropriations

-STATUTE-

(a) General. - The following amounts may be appropriated to the

Secretary of Transportation:

(1) not more than $15,000,000 to carry out section 5562(a)(1)

and (3) of this title.

(2) not more than $2,500,000 to carry out section 5562(a)(2) of

this title.

(3) not more than $2,500,000 to carry out section 5562(a)(4) of

this title.

(b) Availability of Amounts. - Amounts appropriated to carry out

this chapter remain available until expended.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 854.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

5568 49 App.:1653(i)(9). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

4(i)(9); added Oct. 28,

1974, Pub. L. 93-496, Secs.

6, 15, 88 Stat. 1530, 1533;

restated Feb. 5, 1976, Pub.

L. 94-210, Sec. 707(3), (5),

90 Stat. 125; Oct. 19, 1976,

Pub. L. 94-555, Sec. 219(a),

90 Stat. 2629; May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 412.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "to the Secretary

of Transportation" are added for clarity and consistency in this

chapter.

In subsection (b), the words "to carry out" are substituted for

"for the purpose set forth . . . in" for consistency in the revised

title and with other titles of the United States Code.

-End-