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US (United States) Code. Title 49. Subtitle III. Chapter 53: Mass Transportation

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-CITE-

49 USC CHAPTER 53 - MASS TRANSPORTATION 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

CHAPTER 53 - MASS TRANSPORTATION

-MISC1-

Sec.

5301. Policies, findings, and purposes.

5302. Definitions.

5303. Metropolitan planning.

5304. Transportation improvement program.

5305. Transportation management areas.

5306. Private enterprise participation in metropolitan

planning and transportation improvement programs and

relationship to other limitations.

5307. Urbanized area formula grants.

5308. Clean fuels formula grant program.

5309. Capital investment grants and loans.

5310. Formula grants and loans for special needs of elderly

individuals and individuals with disabilities.

5311. Formula grant for other than urbanized areas.(!1)

5312. Research, development, demonstration, and training

projects.

5313. State planning and research programs.

5314. National planning and research programs.

5315. National transit institute.

[5316, 5317. Repealed.]

5318. Bus testing facility.

5319. Bicycle facilities.

5320. Suspended light rail system technology pilot project.

5321. Crime prevention and security.

5322. Human resource programs.

5323. General provisions on assistance.

5324. Limitations on discretionary and special needs grants

and loans.

5325. Contract requirements.

5326. Special procurements.

5327. Project management oversight.

5328. Project review.

5329. Investigation of safety hazards.

5330. Withholding amounts for noncompliance with safety

requirements.

5331. Alcohol and controlled substances testing.

5332. Nondiscrimination.

5333. Labor standards.

5334. Administrative provisions.

5335. Reports and audits.

5336. Apportionment of appropriations for formula grants.

5337. Apportionment of appropriations for fixed guideway

modernization.

5338. Authorizations.

AMENDMENTS

1998 - Pub. L. 105-178, title III, Secs. 3007(a)(2), 3008(b),

3009(b), 3014(b), 3017(b), 3025(b)(2), title V, Sec. 5110(c), June

9, 1998, 112 Stat. 347, 352, 359, 361, 365, 444, substituted

"Urbanized area formula grants" for "Block grants" in item 5307,

"Clean fuels formula grant program" for "Mass Transit Account block

grants" in item 5308, "Capital investment" for "Discretionary" in

item 5309, "Formula grant" for "Financial assistance" in item 5311,

and "transit" for "mass transportation" in item 5315, struck out

items 5316 "University research institutes" and 5317

"Transportation centers", and inserted "provisions" after

"Administrative" in item 5334.

Pub. L. 105-178, title III, Sec. 3013(b), June 9, 1998, 112 Stat.

359, which directed insertion of "formula" before "grants" in item

5310, was executed by substituting "Formula grants" for "Grants" to

reflect the probable intent of Congress.

Pub. L. 105-178, title III, Sec. 3027(d), as added by Pub. L.

105-206, title IX, Sec. 9009(o)(2), July 22, 1998, 112 Stat. 858,

substituted "formula grants" for "block grants" in item 5336.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 23 sections 103, 104, 110,

120, 133, 134, 142, 181, 182, 183; title 42 section 7506.

-FOOTNOTE-

(!1) So in original. Does not conform to section catchline.

-End-

-CITE-

49 USC Sec. 5301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5301. Policies, findings, and purposes

-STATUTE-

(a) Development of Transportation Systems. - It is in the

interest of the United States to encourage and promote the

development of transportation systems that embrace various modes of

transportation and efficiently maximize mobility of individuals and

goods in and through urbanized areas and minimize

transportation-related fuel consumption and air pollution.

(b) General Findings. - Congress finds that -

(1) more than 70 percent of the population of the United States

is located in rapidly expanding urban areas that generally cross

the boundary lines of local jurisdictions and often extend into

at least 2 States;

(2) the welfare and vitality of urban areas, the satisfactory

movement of people and goods within those areas, and the

effectiveness of programs aided by the United States Government

are jeopardized by deteriorating or inadequate urban

transportation service and facilities, the intensification of

traffic congestion, and the lack of coordinated, comprehensive,

and continuing development planning;

(3) transportation is the lifeblood of an urbanized society,

and the health and welfare of an urbanized society depend on

providing efficient, economical, and convenient transportation in

and between urban areas;

(4) for many years the mass transportation industry capably and

profitably satisfied the transportation needs of the urban areas

of the United States but in the early 1970's continuing even

minimal mass transportation service in urban areas was threatened

because maintaining that transportation service was financially

burdensome;

(5) ending that transportation, or the continued increase in

its cost to the user, is undesirable and may affect seriously and

adversely the welfare of a substantial number of lower income

individuals;

(6) some urban areas were developing preliminary plans for, or

carrying out, projects in the early 1970's to revitalize their

mass transportation operations;

(7) significant mass transportation improvements are 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;

(8) financial assistance by the Government to develop efficient

and coordinated mass transportation systems is essential to solve

the urban transportation problems referred to in clause (2) of

this subsection; and

(9) immediate substantial assistance by the Government is

needed to enable mass transportation systems to continue

providing vital transportation service.

Rapid urbanization and continuing dispersal of the population and

activities in urban areas have made the ability of all citizens to

move quickly and at a reasonable cost an urgent problem of the

Government.

(d) Elderly Individuals and Individuals With Disabilities. - It

is the policy of the Government that elderly individuals and

individuals with disabilities have the same right as other

individuals to use mass transportation service and facilities.

Special efforts shall be made in planning and designing mass

transportation service and facilities to ensure that mass

transportation can be used by elderly individuals and individuals

with disabilities. All programs of the Government assisting mass

transportation shall carry out this policy.

(e) Preserving the Environment. - It is the policy of the

Government that special effort shall be made to preserve the

natural beauty of the countryside, public park and recreation

lands, wildlife and waterfowl refuges, and important historical and

cultural assets when planning, designing, and carrying out an urban

mass transportation capital project with assistance from the

Government under sections 5309 and 5310 of this title.

(f) General Purposes. - The purposes of this chapter are -

(1) to assist in developing improved mass transportation

equipment, facilities, techniques, and methods with the

cooperation of public and private mass transportation companies;

(2) to encourage the planning and establishment of areawide

urban mass transportation systems needed for economical and

desirable urban development with the cooperation of public and

private mass transportation companies;

(3) to assist States and local governments and their

authorities in financing areawide urban mass transportation

systems that are to be operated by public or private mass

transportation companies as decided by local needs;

(4) to provide financial assistance to State and local

governments and their authorities to help carry out national

goals related to mobility for elderly individuals, individuals

with disabilities, and economically disadvantaged individuals;

and

(5) to establish a partnership that allows a community, with

financial assistance from the Government, to satisfy its urban

mass transportation requirements.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 785.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

5301(a) 49 App.:1607(a) July 9, 1964, Pub. L.

(1st sentence). 88-365, 78 Stat. 302, Sec.

8(a) (1st sentence); added

Nov. 6, 1978, Pub. L.

95-599, Sec. 305(b), 92

Stat. 2743; Apr. 2, 1987,

Pub. L. 100-17, Sec. 310,

101 Stat. 227; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3012, 105 Stat. 2098.

5301(b) 49 App.:1601(a). July 9, 1964, Pub. L.

88-365, Sec. 2, 78 Stat.

302; Dec. 18, 1991, Pub. L.

102-240, Sec. 3005, 105

Stat. 2088.

49 App.:1601b. Nov. 26, 1974, Pub. L.

93-503, Sec. 2, 88 Stat.

1566.

5301(c) 49 App.:1601a (1st Oct. 15, 1970, Pub. L.

sentence). 91-453, Sec. 1, 84 Stat. 962.

5301(d) 49 App.:1612(a). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

16(a); added Oct. 15, 1970,

Pub. L. 91-453, Sec. 8, 84

Stat. 967; Dec. 18, 1991,

Pub. L. 102-240, Sec.

3021(1), 105 Stat. 2110.

5301(e) 49 App.:1610(a) July 9, 1964, Pub. L.

(1st sentence). 88-365, Sec. 14(a) (1st

sentence), 78 Stat. 308;

Sept. 8, 1966, Pub. L.

89-562, Sec. 2(a)(1), 80

Stat. 715; restated Oct. 15,

1970, Pub. L. 91-453, Sec.

6, 84 Stat. 966.

5301(f) 49 App.:1601(b).

49 App.:1601a (last

sentence).

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

In subsection (b)(1), the words "the predominant part" in 49

App.:1601(a)(1) and "lives in urban areas" in 49 App.:1601b(1) are

omitted because of the restatement. The words "metropolitan and

other" in 49 App.:1601(a)(1) are omitted as surplus.

In subsection (b)(2), the words "housing, urban renewal, highway,

and other", "being", "the . . . provision of", and "transportation

and other" in 49 App.:1601(a)(2) are omitted as surplus.

In subsection (b)(4), the words "the early 1970's" are

substituted for "recent years" in 49 App.:1601b(4), and the words

"minimal mass transportation service" are substituted for "this

essential public service", for clarity.

In subsection (b)(5), the word "particularly" in 49

App.:1601b(5) is omitted as surplus.

In subsection (b)(6), the words "were . . . in the early 1970's"

are substituted for "now" in 49 App.:1601b(6) for clarity. The

words "engaged in", "actually", and "comprehensive" in 49

App.:1601b(6) are omitted as surplus.

In subsection (b)(9), the word "many" in 49 App.:1601(b)(7) is

omitted as surplus.

In subsection (c), the text of 49 App.:1601a (1st sentence words

after semicolon) is omitted as executed.

In subsections (d) and (e), the words "hereby declared to be" are

omitted as surplus.

In subsection (d), the words "to ensure that mass transportation

can be used by elderly individuals and individuals with

disabilities" are substituted for "in the planning and design of

mass transportation facilities and services so that the

availability to elderly persons and persons with disabilities of

mass transportation which they can effectively utilize will be

assured" to eliminate unnecessary words. The words "the field of"

and "(including the programs under this chapter) . . . contain

provisions" are omitted as surplus.

In subsection (e), the words "carrying out" are substituted for

"construction of", and the word "capital" is added, for consistency

in the revised chapter. The reference to section 5310 of the

revised title is added for clarity because a loan or grant made

under section 5310 is deemed to have been made under section 5309.

In subsection (f)(5), the words "local" and "to exercise the

initiative necessary" are omitted as surplus.

CONTRACTING OUT STUDY

Pub. L. 105-178, title III, Sec. 3032, June 9, 1998, 112 Stat.

385, as amended by Pub. L. 105-206, title IX, Sec. 9009(v), July

22, 1998, 112 Stat. 861, provided that:

"(a) Study. - Not later than 6 months after the date of enactment

of this Act [June 9, 1998], the Secretary [of Transportation] shall

enter into an agreement with the Transportation Research Board of

the National Academy of Sciences to conduct a study of the effect

of contracting out mass transportation operation and administrative

functions on cost, availability and level of service, efficiency,

safety, quality of services provided to transit-dependent

populations, and employer-employee relations.

"(b) Terms of Agreement. - The agreement entered into in

subsection (a) shall provide that -

"(1) the Transportation Research Board, in conducting the

study, consider the number of grant recipients that have

contracted out services, the size of the population served by

such grant recipients, the basis for decisions regarding

contracting out, and the extent to which contracting out was

affected by the integration and coordination of resources of

transit agencies and other Federal agencies and programs; and

"(2) the panel conducting the study shall include

representatives of transit agencies, employees of transit

agencies, private contractors, academic and policy analysts, and

other interested persons.

"(c) Report. - Not later than 24 months after the date of entry

into the agreement under subsection (a), the Secretary shall

transmit to the Committee on Transportation and Infrastructure of

the House of Representatives and the Committee on Banking, Housing,

and Urban Affairs of the Senate a report containing the results of

the study.

"(d) Funding. - There shall be available from funds made

available under section 5338(f)(2) of title 49, United States Code,

to carry out this section $250,000 for fiscal year 1999.

"(e) Contractual Obligation. - Entry into an agreement to carry

out this section that is financed with amounts made available under

subsection (d) is a contractual obligation of the United States to

pay the Government's share of the cost of the study."

COMMUTE-TO-WORK BENEFITS

Pub. L. 102-240, title VIII, Sec. 8004, Dec. 18, 1991, 105 Stat.

2206, provided that:

"(a) Findings. - The Congress finds that -

"(1) current Federal policy places commuter transit benefits at

a disadvantage compared to drive-to-work benefits;

"(2) this Federal policy is inconsistent with important

national policy objectives, including the need to conserve

energy, reduce reliance on energy imports, lessen congestion, and

clean our Nation's air;

"(3) commuter transit benefits should be part of a

comprehensive solution to national transportation and air

pollution problems;

"(4) current Federal law allows employers to provide only up to

$21 per month in employee benefits for transit or van pools;

"(5) the current 'cliff provision', which treats an entire

commuter transit benefit as taxable income if it exceeds $21 per

month, unduly penalizes the most effective employer efforts to

change commuter behavior;

"(6) employer-provided commuter transit incentives offer many

public benefits, including increased access of low-income persons

to good jobs, inexpensive reduction of roadway and parking

congestion, and cost-effective incentives for timely arrival at

work; and

"(7) legislation to provide equitable treatment of

employer-provided commuter transit benefits has been introduced

with bipartisan support in both the Senate and House of

Representatives.

"(b) Policy. - The Congress strongly supports Federal policy that

promotes increased use of employer-provided commuter transit

benefits. Such a policy 'levels the playing field' between

transportation modes and is consistent with important national

objectives of energy conservation, reduced reliance on energy

imports, lessened congestion, and clean air."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5303, 5307, 5310, 5324 of

this title.

-End-

-CITE-

49 USC Sec. 5302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5302. Definitions

-STATUTE-

(a) In General. - In this chapter, the following definitions

apply:

(1) Capital project. - The term "capital project" means a

project for -

(A) acquiring, constructing, supervising, or inspecting

equipment or a facility for use in mass transportation,

expenses incidental to the acquisition or construction

(including designing, engineering, location surveying, mapping,

and acquiring rights-of-way), payments for the capital portions

of rail trackage rights agreements, transit-related intelligent

transportation systems, relocation assistance, acquiring

replacement housing sites, and acquiring, constructing,

relocating, and rehabilitating replacement housing;

(B) rehabilitating a bus;

(D) overhauling rail rolling stock;

(E) preventive maintenance;

(F) leasing equipment or a facility for use in mass

transportation, subject to regulations that the Secretary

prescribes limiting the leasing arrangements to those that are

more cost-effective than purchase or construction;

(G) a mass transportation improvement that enhances economic

development or incorporates private investment, including

commercial and residential development, pedestrian and bicycle

access to a mass transportation facility, and the renovation

and improvement of historic transportation facilities, because

the improvement enhances the effectiveness of a mass

transportation project and is related physically or

functionally to that mass transportation project, or

establishes new or enhanced coordination between mass

transportation and other transportation, and provides a fair

share of revenue for mass transportation that will be used for

mass transportation -

(i) including property acquisition, demolition of existing

structures, site preparation, utilities, building

foundations, walkways, open space, safety and security

equipment and facilities (including lighting, surveillance

and related intelligent transportation system applications),

facilities that incorporate community services such as

daycare or health care, and a capital project for, and

improving, equipment or a facility for an intermodal transfer

facility or transportation mall, except that a person making

an agreement to occupy space in a facility under this

subparagraph shall pay a reasonable share of the costs of the

facility through rental payments and other means; and

(ii) excluding construction of a commercial

revenue-producing facility or a part of a public facility not

related to mass transportation;

(H) the introduction of new technology, through innovative

and improved products, into mass transportation; or

(I) the provision of nonfixed route paratransit

transportation services in accordance with section 223 of the

Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but

only for grant recipients that are in compliance with

applicable requirements of that Act, including both fixed route

and demand responsive service, and only for amounts not to

exceed 10 percent of such recipient's annual formula

apportionment under sections 5307 and 5311.

(2) Chief executive officer of a state. - The term "chief

executive officer of a State" includes the designee of the chief

executive officer.

(3) Emergency regulation. - The term "emergency regulation"

means a regulation -

(A) that is effective temporarily before the expiration of

the otherwise specified periods of time for public notice and

comment under section 5334(b); and

(B) prescribed by the Secretary as the result of a finding

that a delay in the effective date of the regulation -

(i) would injure seriously an important public interest;

(ii) would frustrate substantially legislative policy and

intent; or

(iii) would damage seriously a person or class without

serving an important public interest.

(4) Fixed guideway. - The term "fixed guideway" means a mass

transportation facility -

(A) using and occupying a separate right-of-way or rail for

the exclusive use of mass transportation and other high

occupancy vehicles; or

(B) using a fixed catenary system and a right-of-way usable

by other forms of transportation.

(5) Handicapped individual. - The term "handicapped individual"

means an individual who, because of illness, injury, age,

congenital malfunction, or other incapacity or temporary or

permanent disability (including an individual who is a wheelchair

user or has semiambulatory capability), cannot use effectively,

without special facilities, planning, or design, mass

transportation service or a mass transportation facility.

(6) Local governmental authority. - The term "local

governmental authority" includes -

(A) a political subdivision of a State;

(B) an authority of at least 1 State or political subdivision

of a State;

(D) a public corporation, board, or commission established

under the laws of a State.

(7) Mass transportation. - The term "mass transportation" means

transportation by a conveyance that provides regular and

continuing general or special transportation to the public, but

does not include school bus, charter, or sightseeing

transportation.

(8) Net project cost. - The term "net project cost" means the

part of a project that reasonably cannot be financed from

revenues.

(9) New bus model. - The term "new bus model" means a bus model

(including a model using alternative fuel) -

(A) that has not been used in mass transportation in the

United States before the date of production of the model; or

(B) used in mass transportation in the United States, but

being produced with a major change in configuration or

components.

(10) Public transportation. - The term "public transportation"

means mass transportation.

(11) Regulation. - The term "regulation" means any part of a

statement of general or particular applicability of the Secretary

designed to carry out, interpret, or prescribe law or policy in

carrying out this chapter.

(12) Secretary. - The term "Secretary" means the Secretary of

Transportation.

(13) State. - The term "State" means a State of the United

States, the District of Columbia, Puerto Rico, the Northern

Mariana Islands, Guam, American Samoa, and the Virgin Islands.

(14) Transit. - The term "transit" means mass transportation.

(15) Transit enhancement. - The term "transit enhancement"

means, with respect to any project or an area to be served by a

project, projects that are designed to enhance mass

transportation service or use and that are physically or

functionally related to transit facilities. Eligible projects are

(A) historic preservation, rehabilitation, and operation of

historic mass transportation buildings, structures, and

facilities (including historic bus and railroad facilities);

(B) bus shelters;

tables, benches, trash receptacles, and street lights;

(D) public art;

(E) pedestrian access and walkways;

(F) bicycle access, including bicycle storage facilities and

installing equipment for transporting bicycles on mass

transportation vehicles;

(G) transit connections to parks within the recipient's

transit service area;

(H) signage; and

(I) enhanced access for persons with disabilities to mass

transportation.

(16) Urban area. - The term "urban area" means an area that

includes a municipality or other built-up place that the

Secretary, after considering local patterns and trends of urban

growth, decides is appropriate for a local mass transportation

system to serve individuals in the locality.

(17) Urbanized area. - The term "urbanized area" means an area

(A) encompassing at least an urbanized area within a State

that the Secretary of Commerce designates; and

(B) designated as an urbanized area within boundaries fixed

by State and local officials and approved by the Secretary.

(b) Authority To Modify "Handicapped Individual". - The Secretary

may by regulation modify the definition of the term "handicapped

individual" in subsection (a)(5) as it applies to section

5307(d)(1)(D).

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 786; Pub. L.

103-331, title III, Sec. 335A, Sept. 30, 1994, 108 Stat. 2495; Pub.

L. 104-50, title III, Sec. 333(a), Nov. 15, 1995, 109 Stat. 457;

Pub. L. 104-287, Sec. 6(c), Oct. 11, 1996, 110 Stat. 3398; Pub. L.

105-102, Sec. 3(a), Nov. 20, 1997, 111 Stat. 2214; Pub. L. 105-178,

title III, Sec. 3003, June 9, 1998, 112 Stat. 338; Pub. L. 105-206,

title IX, Sec. 9009(a), July 22, 1998, 112 Stat. 852.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

5302(a)(1) 49 App.:1608(c)(1). July 9, 1964, Pub. L.

88-365, Sec. 12(c)(1), 78

Stat. 306; Aug. 10, 1965,

Pub. L. 89-117, Sec. 1109,

79 Stat. 507; Sept. 8, 1966,

Pub. L. 89-562, Sec.

2(a)(1), 80 Stat. 715; May

25, 1967, Pub. L. 90-19,

Sec. 20, 81 Stat. 25; Aug.

1, 1968, Pub. L. 90-448,

Sec. 702, 82 Stat. 535;

restated Nov. 6, 1978, Pub.

L. 95-599, Sec. 308(b), 92

Stat. 2746; Jan. 6, 1983,

Pub. L. 97-424, Sec. 309(a),

96 Stat. 2151; Apr. 2, 1987,

Pub. L. 100-17, Sec. 309(a),

101 Stat. 227.

49 App.:1608(c)(7), July 9, 1964, Pub. L.

(8). 88-365, Sec. 12(c)(3)-(9),

78 Stat. 306; Aug. 10, 1965,

Pub. L. 89-117, Sec. 1109,

79 Stat. 507; Sept. 8, 1966,

Pub. L. 89-562, Sec.

2(a)(1), 80 Stat. 715; May

25, 1967, Pub. L. 90-19,

Sec. 20, 81 Stat. 25; Aug.

1, 1968, Pub. L. 90-448,

Sec. 702, 82 Stat. 535;

restated Nov. 6, 1978, Pub.

L. 95-599, Sec. 308(b), 92

Stat. 2746; Dec. 18, 1991,

Pub. L. 102-240, Sec. 3016,

105 Stat. 2108.

5302(a)(2) 49 App.:1608(c)(3).

5302(a)(3) 49 App.:1608(c)(13). July 9, 1965, Pub. L.

88-365, 78 Stat. 302, Sec.

12(c)(12), (13); added Apr.

2, 1987, Pub. L. 100-17,

Sec. 318(b)(3), 101 Stat.

234.

5302(a)(4) 49 App.:1608(c)(2). July 9, 1964, Pub. L.

88-365, Sec. 12(c)(2), 78

Stat. 306; Aug. 10, 1965,

Pub. L. 89-117, Sec. 1109,

79 Stat. 507; Sept. 8, 1966,

Pub. L. 89-562, Sec.

2(a)(1), 80 Stat. 715; May

25, 1967, Pub. L. 90-19,

Sec. 20, 81 Stat. 25; Aug.

1, 1968, Pub. L. 90-448,

Sec. 702, 82 Stat. 535;

restated Nov. 6, 1978, Pub.

L. 95-599, Sec. 308(b), 92

Stat. 2746; Jan. 6, 1983,

Pub. L. 97-424, Sec. 309(b),

96 Stat. 2151.

5302(a)(5) 49 App.:1608(c)(4)

(1st sentence).

5302(a)(6) 49 App.:1608(c)(5).

5302(a)(7) 49 App.:1608(c)(6).

5302(a)(8) (no source).

5302(a)(9) 49 App.:1608(h)(2). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

12(h)(2); added Apr. 2,

1987, Pub. L. 100-17, Sec.

317(a), 101 Stat. 233; Dec.

18, 1991, Pub. L. 102-240,

Sec. 6021(a), 105 Stat. 2184.

49 App.:1608 (note). Apr. 2, 1988, Pub. L.

100-17, Sec. 317(b)(4), 101

Stat. 233.

5302(a)(10) 49 App.:1608(c)(12).

5302(a)(11) 49 App.:1608(c)(9).

5302(a)(12) 49 App.:1608(c)(10). July 9, 1964, Pub. L.

88-365, Sec. 12(c)(10),

(11), 78 Stat. 306; Aug. 10,

1965, Pub. L. 89-117, Sec.

1109, 79 Stat. 507; Sept. 8,

1966, Pub. L. 89-562, Sec.

2(a)(1), 80 Stat. 715; May

25, 1967, Pub. L. 90-19,

Sec. 20, 81 Stat. 25; Aug.

1, 1968, Pub. L. 90-448,

Sec. 702, 82 Stat. 535;

restated Nov. 6, 1978, Pub.

L. 95-599, Sec. 308(b), 92

Stat. 2746; Apr. 2, 1987,

Pub. L. 100-17, Sec.

318(b)(1), (2), 101 Stat.

234.

5302(a)(13) 49 App.:1608(c)(11).

5302(b) 49 App.:1608(c)(4)

(last sentence).

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

In this chapter, the words "local governmental authority" are

substituted for "local public body" for consistency in the revised

title and with other titles of the United States Code.

In subsection (a), before clause (1), the text of 49

App.:1608(c)(7) is omitted as surplus. The text of 49

App.:1608(c)(8) is omitted because the complete title of the

Secretary of Transportation is used the first time the term appears

in a section. In clause (1), before subclause (A), the words

"capital project" are substituted for "construction" for clarity.

In subclause (A), the words "actual", "all", and "reconstruction"

are omitted as surplus. In subclause (D), the words "(whether or

not such overhaul increases the useful life of the rolling stock)"

are omitted as surplus. In clause (2), the words "for each of the

jurisdictions included in the definition of 'State' " are omitted

as surplus. In clauses (3) and (10), the word "regulation" is

substituted for "rule" for consistency in the revised title and

with other titles of the Code and because the terms are synonymous.

In clause (3)(B)(iii), the words "of persons" are omitted as

surplus. In clauses (4) and (5), the word "mass" is substituted for

"public" because of the restatement. In clause (4)(A), the words

"including, but not limited to, fixed rail, automated guideway

transit, and exclusive facilities for buses" are omitted as

surplus. In clause (6)(A), the words "municipalities and other" are

omitted as surplus. In clause (6)(B), the word "authority" is

substituted for "public agencies and instrumentalities" for

consistency in the revised title and with other titles of the Code.

The word "municipalities" is omitted as surplus. In clause (7), the

words "bus, or rail, or other", "either publicly or privately

owned", and "on a . . . basis" are omitted as surplus. Clause (8)

is added for clarity because the term "net project cost" has the

same meaning throughout this chapter. In clause (11), the words

"the Commonwealths of" are omitted as surplus. In clause (12), the

word "individuals" is substituted for "commuters or others" to

eliminate unnecessary words. In clause (13)(A), the words "in the

case of any such area" and "entire" are omitted as surplus. The

words "Secretary of Commerce" are substituted for "Bureau of the

Census" because of 15:1511(e). In clause (13)(B), the words "so

designated by the Bureau of Census", "which shall be",

"responsible", and "in cooperation with each other" are omitted as

surplus.

Subsection (b) applies to section 5307(d)(1)(D) of the revised

title because of 49 App.:1607a(e)(1), restated as section

5307(n)(2) of the revised title.

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (a)(1)(I), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended, which is classified principally to chapter 126

(Sec. 12101 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 12101 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 3003(a), formerly Sec. 3003, as

renumbered by Pub. L. 105-206, Sec. 9009(a)(1), amended section

generally, revising and restating existing definitions and adding

new pars. defining additional terms.

Subsec. (a)(1)(G)(i). Pub. L. 105-178, Sec. 3003(b), as added by

Pub. L. 105-206, Sec. 9009(a)(2), substituted "daycare or" for

"daycare and".

1997 - Subsec. (a)(1)(B), (C). Pub. L. 105-102 made technical

correction to directory language of Pub. L. 104-50, Sec. 333(a).

See 1995 Amendment notes below.

1996 - Subsec. (a)(1). Pub. L. 104-287 made technical correction

to directory language of Pub. L. 103-331, Sec. 335A. See 1994

Amendment note below.

1995 - Subsec. (a)(1)(B). Pub. L. 104-50, Sec. 333(a)(1), as

amended by Pub. L. 105-102, Sec. 3(a)(1), struck out "that extends

the economic life of a bus for at least 5 years" after

"rehabilitating a bus".

Subsec. (a)(1)(C). Pub. L. 104-50, Sec. 333(a)(2), as amended by

Pub. L. 105-102, Sec. 3(a)(2), struck out "that extends the

economic life of a bus for at least 8 years" after "remanufacturing

a bus".

1994 - Subsec. (a)(1). Pub. L. 103-331, Sec. 335A, as amended by

Pub. L. 104-287, inserted "payments for the capital portions of

rail trackage rights agreements," after "rights of way),".

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.

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-102, Sec. 3(a), Nov. 20, 1997, 111 Stat. 2214,

provided that the amendment made by section 3(a) is effective Nov.

15, 1995.

Amendment by Pub. L. 105-102 effective as if included in the

provisions of the Act to which the amendment relates, see section

3(f) of Pub. L. 105-102, set out as a note under section 106 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 6(c) of Pub. L. 104-287 provided that the amendment made

by that section is effective Sept. 30, 1994.

EFFECTIVE DATE OF 1995 AMENDMENT

Section 333(b) of Pub. L. 104-50 provided that: "The amendments

made by this section [amending this section] shall not take effect

before March 31, 1996."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5307, 5336, 10501 of this

title; title 18 section 1993.

-End-

-CITE-

49 USC Sec. 5303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5303. Metropolitan planning

-STATUTE-

(a) General Requirements. -

(1) Development of plans and programs. - To carry out section

5301(a), metropolitan planning organizations designated under

subsection (c), in cooperation with the States and mass

transportation operators, shall develop transportation plans and

programs for urbanized areas of the State.

(2) Contents. - The plans and programs developed under

paragraph (1) for each metropolitan area shall provide for the

development and integrated management and operation of

transportation systems and facilities (including pedestrian

walkways and bicycle transportation facilities) that will

function as an intermodal transportation system for the

metropolitan area and as an integral part of an intermodal

transportation system for the State and the United States.

(3) Process. - The process for developing the plans and

programs shall provide for consideration of all modes of

transportation and shall be continuing, cooperative, and

comprehensive to the degree appropriate, based on the complexity

of the transportation problems to be addressed.

(b) Scope of Planning Process. -

(1) In general. - The metropolitan transportation planning

process for a metropolitan area under this section shall provide

for consideration of projects and strategies that will -

(A) support the economic vitality of the metropolitan area,

especially by enabling global competitiveness, productivity,

and efficiency;

(B) increase the safety and security of the transportation

system for motorized and nonmotorized users;

to people and for freight;

(D) protect and enhance the environment, promote energy

conservation, and improve quality of life;

(E) enhance the integration and connectivity of the

transportation system, across and between modes, for people and

freight;

(F) promote efficient system management and operation; and

(G) emphasize the preservation of the existing transportation

system.

(2) Failure to consider factors. - The failure to consider any

factor specified in paragraph (1) shall not be reviewable by any

court under this title, subchapter II of chapter 5 of title 5, or

chapter 7 of title 5 in any matter affecting a transportation

plan, a transportation improvement plan, a project or strategy,

or the certification of a planning process.

carry out the planning process required by this section and

sections 5304-5306 of this title, a metropolitan planning

organization shall be designated for each urbanized area with a

population of more than 50,000 -

(A) by agreement of the chief executive officer of a State and

units of general purpose local government that together represent

at least 75 percent of the affected population (including the

central city or cities, as defined by the Bureau of the Census);

(B) under procedures established by State or local law.

(2) Each policy board of a metropolitan planning organization

that serves an area designated as a transportation management area

when designated or redesignated under this subsection shall consist

of local elected officials, officials of public agencies that

administer or operate major modes of transportation in the

metropolitan area (including all transportation authorities

included in the organization on June 1, 1991), and appropriate

State officials.

(3) More than one metropolitan planning organization may be

designated within an existing metropolitan planning area only if

the chief executive officer of the State and the existing

metropolitan organization determine that the size and complexity of

the existing metropolitan planning area make designation of more

than one organization appropriate.

(4) A designation is effective until -

(A) the organization is redesignated under paragraph (5) of

this subsection; or

(B) revoked -

(i) by agreement of the chief executive officer and units of

general local government representing at least 75 percent of

the affected population; or

(ii) as otherwise provided by State or local procedures.

(5)(A) The chief executive officer and units of general purpose

local government that together represent at least 75 percent of the

affected population (including the central city as defined by the

Secretary of Commerce) may redesignate by agreement a metropolitan

planning organization when appropriate to carry out this section

and sections 5304-5306 of this title.

(B) A metropolitan planning organization shall be redesignated on

request of one or more units of general local government

representing at least 25 percent of the affected population

(including the central city or cities, as defined by the Bureau of

the Census) in an urbanized area with a population of more than

5,000,000, but less than 10,000,000 or that is an extreme

nonattainment area for ozone or carbon monoxide (as defined in the

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

using procedures established to carry out this paragraph.

(D) Designations of metropolitan planning organizations, whether

made under this section or under any other provision of law, shall

remain in effect until redesignation under this paragraph.

(6) This subsection does not affect the authority, under State

law in effect on December 18, 1991, of a public authority with

multimodal transportation responsibilities -

(A) to develop plans and programs for a metropolitan planning

organization to adopt; and

(B) to develop long-range capital plans, coordinate mass

transportation services and projects, and carry out other

activities under State law.

(d) Metropolitan Planning Area Boundaries. -

(1) In general. - To carry out this section, the metropolitan

planning organization and the chief executive officer shall

decide by agreement on the boundaries of a metropolitan planning

area.

(2) Included area. - Each metropolitan planning area -

(A) shall encompass at least the existing urbanized area and

the contiguous area expected to become urbanized within a

20-year forecast period; and

(B) may encompass the entire metropolitan statistical area or

consolidated metropolitan statistical area, as defined by the

Bureau of the Census.

(3) Existing metropolitan planning areas in nonattainment. -

Notwithstanding paragraph (2), in the case of an urbanized area

designated as a nonattainment area for ozone or carbon monoxide

under the Clean Air Act (42 U.S.C. 7401 et seq.), the boundaries

of the metropolitan planning area in existence as of the date of

enactment of this paragraph shall be retained, except that the

boundaries may be adjusted by agreement of the chief executive

officer of the State and any affected metropolitan planning

organizations, in the manner described in subsection (c)(5).

(4) New metropolitan planning areas in nonattainment. - In the

case of an urbanized area designated after the date of enactment

of this paragraph as a nonattainment area for ozone or carbon

monoxide under the Clean Air Act, the boundaries of the

metropolitan planning area -

(A) shall be established in the manner described in

subsection (c)(1);

(B) shall encompass the areas described in paragraph (2)(A);

and

(D) may address any nonattainment area identified under the

Clean Air Act for ozone or carbon monoxide.

(e) Coordination. - (1) The Secretary of Transportation shall

establish requirements the Secretary considers appropriate to

encourage chief executive officers and metropolitan planning

organizations with responsibility for part of a multi-State

metropolitan area to provide coordinated transportation planning

for the entire area.

(2) Congress consents to at least 2 States making an agreement or

compact, not in conflict with a law of the United States, for

cooperative efforts and mutual assistance in support of activities

authorized under this section related to interstate areas and

localities in the States and establishing authorities the States

consider desirable for making the agreements and compacts

effective.

(3) If more than one metropolitan planning organization has

authority in a metropolitan area or an area designated a

nonattainment area for ozone or carbon monoxide under the Clean Air

Act (42 U.S.C. 7401 et seq.), each organization shall consult with

the other organizations designated for the area and the State to

coordinate plans and projects required by this section and sections

5304-5306 of this title.

(4) The Secretary shall encourage each metropolitan planning

organization to coordinate, to the maximum extent practicable, the

design and delivery of transportation services within the

metropolitan planning area that are provided -

(A) by recipients of assistance under this chapter; and

(B) by governmental agencies and non-profit organizations

(including representatives of the agencies and organizations)

that receive Governmental (!1) assistance from a source other

than the Department of Transportation to provide non-emergency

transportation services.

(5) Coordination. - If a project is located within the boundaries

of more than one metropolitan planning organization, the

metropolitan planning organizations shall coordinate plans

regarding the project.

(6) Lake tahoe region. -

(A) Definition. - In this paragraph, the term "Lake Tahoe

region" has the meaning given the term "region" in subdivision

(a) of article II of the Tahoe Regional Planning Compact, as set

forth in the first section of Public Law 96-551 (94 Stat. 3234).

(B) Transportation planning process. - The Secretary shall -

(i) establish with the Federal land management agencies that

have jurisdiction over land in the Lake Tahoe region a

transportation planning process for the region; and

(ii) coordinate the transportation planning process with the

planning process required of State and local governments under

this chapter and sections 134 and 135 of title 23, United

States Code.

(i) In general. - Subject to clause (ii) and notwithstanding

subsection (b), to carry out the transportation planning

process required by this section, the consent of Congress is

granted to the States of California and Nevada to designate a

metropolitan planning organization for the Lake Tahoe region,

by agreement between the Governors of the States of California

and Nevada and units of general purpose local government that

together represent at least 75 percent of the affected

population (including the central city or cities (as defined by

the Bureau of the Census)), or in accordance with procedures

established by applicable State or local law.

(ii) Involvement of federal land management agencies. -

(I) Representation. - The policy board of a metropolitan

planning organization designated under clause (i) shall

include a representative of each Federal land management

agency that has jurisdiction over land in the Lake Tahoe

region.

(II) Funding. - In addition to funds made available to the

metropolitan planning organization under other provisions of

this chapter and under title 23, not more than 1 percent of

the funds allocated under section 202 of title 23 may be used

to carry out the transportation planning process for the Lake

Tahoe region under this subparagraph.

(D) Activities. - Highway projects included in transportation

plans developed under this paragraph -

(i) shall be selected for funding in a manner that

facilitates the participation of the Federal land management

agencies that have jurisdiction over land in the Lake Tahoe

region; and

(ii) may, in accordance with chapter 2 of title 23, be funded

using funds allocated under section 202 of title 23, United

States Code.

(f) Developing Long-Range Transportation Plans. - (1) Each

metropolitan planning organization shall prepare and update

periodically, according to a schedule the Secretary of

Transportation decides is appropriate, a long-range plan for its

metropolitan area under the requirements of this section. The plan

shall be in the form the Secretary considers appropriate and at

least shall -

(A) identify transportation facilities (including major

roadways, mass transportation, and multimodal and intermodal

facilities) that should function as an integrated metropolitan

transportation system, emphasizing transportation facilities that

serve important national, regional, and metropolitan

transportation functions;

(B) include a financial plan that -

(i) demonstrates how the long-range plan can be carried out;

(ii) indicates resources from public and private sources

reasonably expected to be made available to carry out the plan;

and

(iii) recommends any additional financing strategies for

needed projects and programs;

(i) to ensure preservation, including requirements for

management, operation, modernization, and rehabilitation, of

the existing and future transportation system; and

(ii) to use existing transportation facilities most

efficiently to relieve congestion, to efficiently serve the

mobility needs of people and goods, and to enhance access

within the metropolitan planning area;

(D) indicate appropriate proposed transportation enhancement

activities; and

(E) the financial plan may include, for illustrative purposes,

additional projects that would be included in the adopted

long-range plan if reasonable additional resources beyond those

identified in the financial plan were available, except that, for

the purpose of developing the long-range plan, the metropolitan

planning organization and the State shall cooperatively develop

estimates of funds that will be available to support plan

implementation.

(2) When formulating a long-range plan, the metropolitan planning

organization shall consider the factors described in subsection (b)

of this section and any State or local goals developed within the

cooperative metropolitan planning process as they relate to a

20-year forecast period and to other forecast periods as determined

by the participants in the planning process.

(3) In a metropolitan area that is in a nonattainment area for

ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et

seq.), the metropolitan planning organization shall coordinate the

development of the long-range plan with the development of the

transportation control measures of the State Implementation Plan

required by the Act.

(4) Before approving a long-range plan, each metropolitan

planning organization shall provide citizens, affected public

agencies, representatives of mass transportation authority

employees, freight shippers, providers of freight transportation

services, private providers of transportation, representatives of

users of public transit, and other interested parties with a

reasonable opportunity to comment on the plan in a way the

Secretary of Transportation considers appropriate.

(5) A long-range plan shall be -

(A) published or otherwise made readily available for public

review; and

(B) submitted for information purposes to the chief executive

officer of the State at the time and in the way the Secretary of

Transportation establishes.

(6) Selection of projects from illustrative list. -

Notwithstanding paragraph (1)(E), a State or metropolitan planning

organization shall not be required to select any project from the

illustrative list of additional projects included in the financial

plan under paragraph (1)(B).

(g) Grants. - Under criteria the Secretary of Transportation

establishes, the Secretary may make contracts for, and grants to,

States, local governmental authorities, and authorities of the

States and governmental authorities, or may make agreements with

other departments, agencies, and instrumentalities of the

Government, to plan, engineer, design, and evaluate a mass

transportation project and for other technical studies, including -

(1) studies related to management, operations, capital

requirements, and economic feasibility;

(2) evaluating previously financed projects; and

(3) other similar and related activities preliminary to and in

preparation for constructing, acquiring, or improving the

operation of facilities and equipment.

(h) Balanced and Comprehensive Planning. - (1) To the extent

practicable, the Secretary of Transportation shall ensure that

amounts made available under subsection (c) or (h)(1) of section

5338 of this title to carry out this section and sections 5304 and

5305 of this title are used to support balanced and comprehensive

transportation planning that considers the relationships among land

use and all transportation modes, without regard to the

programmatic source of the planning amounts.

(2)(A) The Secretary of Transportation shall apportion 80 percent

of the amount made available under subsection (c) or (h)(1) of

section 5338 of this title to States in a ratio equal to the

population in urbanized areas in each State divided by the total

population in urbanized areas in all States, as shown by the latest

available decennial census. A State may not receive less than .5

percent of the amount apportioned under this subparagraph.

(B) Amounts apportioned to a State under subparagraph (A) of this

paragraph shall be allocated to metropolitan planning organizations

in the State designated under this section under a formula -

(i) the State develops in cooperation with the metropolitan

planning organizations;

(ii) the Secretary of Transportation approves; and

(iii) that considers population in urbanized areas and provides

an appropriate distribution for urbanized areas to carry out the

cooperative processes described in this section.

metropolitan planning organizations according to procedures the

Secretary of Transportation approves.

(3)(A) The Secretary of Transportation shall apportion 20 percent

of the amount made available under subsection (c) or (h)(1) of

section 5338 of this title to States to supplement allocations made

under paragraph (2)(B) of this subsection for metropolitan planning

organizations.

(B) Amounts under this paragraph shall be allocated under a

formula that reflects the additional cost of carrying out planning,

programming, and project selection responsibilities under this

section and sections 5304-5306 of this title in those areas.

(4) To the maximum extent practicable, the Secretary of

Transportation shall ensure that no metropolitan planning

organization is allocated less than the amount it received by

administrative formula under this section in the fiscal year that

ended September 30, 1991. To carry out this subsection, the

Secretary may make a proportionate reduction in other amounts made

available to carry out subsection (c) or (h)(1) of section 5338 of

this title.

(5) Amounts available for an activity under this subsection are

for 80 percent of the cost of the activity unless the Secretary of

Transportation decides it is in the interests of the Government not

to require a State or local match.

(6) An amount apportioned under this subsection -

(A) remains available for 3 years after the fiscal year in

which the amount is apportioned, and

(B) that is unobligated at the end of the 3-year period shall

be reapportioned among the States for the next fiscal year.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 788; Pub. L.

104-287, Sec. 5(10), Oct. 11, 1996, 110 Stat. 3389; Pub. L.

105-102, Sec. 2(4), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105-178,

title III, Secs. 3004, 3029(b)(1)-(3), June 9, 1998, 112 Stat. 341,

372; Pub. L. 105-206, title IX, Sec. 9009(b), July 22, 1998, 112

Stat. 852.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

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

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

Section

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

5303(a) 49 App.:1607(a) July 9, 1964, Pub. L.

(2d-last sentences). 88-365, 78 Stat. 302, Sec.

8(a) (2d-last

sentences)-(g), (n); added

Nov. 6, 1978, Pub. L.

95-599, Sec. 305(b), 92

Stat. 2743; Apr. 2, 1987,

Pub. L. 100-17, Sec. 310,

101 Stat. 227; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3012, 105 Stat. 2098,

2104.

5303(b) 49 App.:1607(f).

5303(c)(1) 49 App.:1607(b)(1).

5303(c)(2) 49 App.:1607(b)(2).

5303(c)(3) 49 App.:1607(b)(6).

5303(c)(4) 49 App.:1607(b)(4).

5303(c)(5) 49 App.:1607(b)(5).

5303(c)(6) 49 App.:1607(b)(3).

5303(d) 49 App.:1607(c).

5303(e) 49 App.:1607(d),

(e).

5303(f) 49 App.:1607(g).

5303(g) 49 App.:1607(n).

5303(h) 49 App.:1607(p). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

8(p); added Nov. 6, 1978,

Pub. L. 95-599, Sec. 305(b),

92 Stat. 2743; Apr. 2, 1987,

Pub. L. 100-17, Sec. 310,

101 Stat. 227; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3012, 105 Stat. 2105;

Oct. 6, 1992, Pub. L.

102-388, Sec. 502(h), 106

Stat. 1566.

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

In this section, the word "together" is omitted as surplus. The

words "Secretary of Commerce" are substituted for "Bureau of the

Census" because of 15:1511(e).

In subsection (b)(2), the word "applicable" is omitted as

surplus.

In subsection (b)(3), the words "where it does not yet occur" are

omitted as surplus.

In subsection (b)(4), the words "the provisions of all

applicable" are omitted as surplus.

In subsection (c)(4), before clause (A), the words "whether made

under this section or other provisions of law" are omitted as

surplus.

In subsection (d), the word "entire" is omitted as surplus.

In subsection (e)(2), the words "or compacts" and "joint or

otherwise" are omitted as surplus.

In subsection (f)(3), the word "area" is added for clarity and

consistency with 42:7501(2).

In subsection (f)(5)(A), the words "published or otherwise" are

omitted as surplus.

In subsection (g), before clause (1), the words "local

governmental authorities" are substituted for "local public

bodies", and the words "departments, agencies, and

instrumentalities of the Government" are substituted for "Federal

departments and agencies", for consistency in the revised title and

with other titles of the United States Code.

In subsection (h)(6)(A), the words "for obligation", "a period

of", and "the close of" are omitted as surplus.

PUB. L. 104-287

This amends 49:5303(f)(2) and (h)(4) to correct erroneous

cross-references.

PUB. L. 105-102, SEC. 2(4)(A)

This amends 49:5303(c)(1) to correct an erroneous

cross-reference.

PUB. L. 105-102, SEC. 2(4)(B)

This amends 49:5303(c)(4)(A) to correct an erroneous

cross-reference.

PUB. L. 105-102, SEC. 2(4)(C)

This amends 49:5303(c)(5)(A) to correct an erroneous

cross-reference.

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsecs. (c)(5)(B), (d)(3),

(4), (e)(3), and (f)(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.

The date of enactment of this paragraph, referred to in subsec.

(d)(3), (4), is the date of enactment of Pub. L. 105-178, which was

approved June 9, 1998.

The Tahoe Regional Planning Compact [Pub. L. 96-551, 94 Stat.

3234], referred to in subsec. (e)(6)(A), is not classified to the

Code.

-MISC2-

AMENDMENTS

1998 - Subsecs. (a), (b). Pub. L. 105-178, Sec. 3004(a), added

subsecs. (a) and (b) and struck out headings and text of former

subsecs. (a) and (b) which related to development requirements and

plan and program factors, respectively.

Subsec. (c)(1)(A). Pub. L. 105-178, Sec. 3004(b)(1)(B),

substituted "or cities, as defined by the Bureau of the Census)"

for "as defined by the Secretary of Commerce)".

Pub. L. 105-178, Sec. 3004(b)(1)(A), as amended by Pub. L.

105-206, Sec. 9009(b)(1)(A), substituted "general purpose local

government that together represent" for "general local government

representing".

Subsec. (c)(2). Pub. L. 105-178, Sec. 3004(b)(2), substituted

"Each policy board of a metropolitan planning organization that

serves an area designated as a transportation management area when

designated or redesignated under this subsection shall consist of"

for "In a metropolitan area designated as a transportation

management area, the designated metropolitan planning organization,

if redesignated after December 18, 1991, shall include" and

"officials of public agencies" for "officials of authorities".

Subsec. (c)(3). Pub. L. 105-178, Sec. 3004(b)(3), as amended by

Pub. L. 105-206, Sec. 9009(b)(1)(B), substituted "within an

existing metropolitan planning area only if the chief executive

officer of the State and the existing metropolitan organization

determine that the size and complexity of the existing metropolitan

planning area" for "in an urbanized area (as defined by the

Secretary of Commerce) only if the chief executive officer decides

that the size and complexity of the urbanized area".

Subsec. (c)(4)(A). Pub. L. 105-178, Sec. 3004(b)(4), as added by

Pub. L. 105-206, Sec. 9009(b)(1)(E), directed an amendment

identical to that made by Pub. L. 105-102, Sec. 2(4)(B). See 1997

Amendment note below.

Subsec. (c)(5)(A). Pub. L. 105-178, Sec. 3004(b)(5)(A), formerly

Sec. 3004(b)(4)(A), as renumbered and amended by Pub. L. 105-206,

Sec. 9009(b)(1)(C), (D), substituted "general purpose local

government that together represent" for "general local government

representing".

Subsec. (c)(5)(B). Pub. L. 105-178, Sec. 3004(b)(5)(B), formerly

Sec. 3004(b)(4)(B), as renumbered by Pub. L. 105-206, Sec.

9009(b)(1)(D), substituted "or cities, as defined by the Bureau of

the Census)" for "as defined by the Secretary of Commerce)".

Subsec. (c)(5)(D). Pub. L. 105-178, Sec. 3004(b)(5)(C), formerly

Sec. 3004(b)(4)(C), as renumbered by Pub. L. 105-206, Sec.

9009(b)(1)(D), added subpar. (D).

Subsec. (d). Pub. L. 105-178, Sec. 3004(c), inserted "Planning"

after "Metropolitan" in subsec. heading, designated existing

provisions as par. (1), inserted par. heading, realigned margins,

inserted "planning" before "area" in first sentence and substituted

pars. (2) to (4) for "The area shall cover at least the existing

urbanized area and the contiguous area expected to become urbanized

within the 20-year forecast period and may include the Metropolitan

Statistical Area or Consolidated Metropolitan Statistical Area, as

defined by the Secretary of Commerce. An area designated as a

nonattainment area for ozone or carbon monoxide under the Clean Air

Act (42 U.S.C. 7401 et seq.) shall include at least the boundaries

of the nonattainment area, except as the chief executive officer

and metropolitan planning organization otherwise agree."

Subsec. (e)(2). Pub. L. 105-178, Sec. 3004(d)(1), inserted "or

compact" after "2 States making an agreement" and substituted

"making the agreements and compacts effective" for "making the

agreement effective".

Subsec. (e)(4) to (6). Pub. L. 105-178, Sec. 3004(d)(2), as

amended by Pub. L. 105-206, Sec. 9009(b)(2), added pars. (4) to

(6).

Subsec. (f). Pub. L. 105-178, Sec. 3004(e)(5), substituted

"Developing Long-Range Transportation Plans" for "Developing

Long-Range Plans" in heading.

Pub. L. 105-178, Sec. 3004(e)(6), which directed substitution of

"long-range transportation plans" for "long-range plans" wherever

appearing, could not be executed because "long-range plans" does

not appear in text.

Subsec. (f)(1)(A). Pub. L. 105-178, Sec. 3004(e)(1)(A),

substituted "national, regional, and metropolitan transportation

functions" for "United States and regional transportation

functions".

Subsec. (f)(1)(B)(iii). Pub. L. 105-178, Sec. 3004(e)(1)(B),

added cl. (iii) and struck out former cl. (iii) which read as

follows: "recommends innovative financing techniques, including

value capture, tolls, and congestion pricing, to finance needed

projects and programs;".

Subsec. (f)(1)(C). Pub. L. 105-178, Sec. 3004(e)(1)(C), added

subpar. (C) and struck out former subpar. (C) which read as

follows: "assess capital investment and other measures necessary -

"(i) to ensure the preservation of the existing metropolitan

transportation system, including requirements for operational

improvements, resurfacing, restoration, and rehabilitation of

existing and future major roadways, and operations, maintenance,

modernization, and rehabilitation of existing and future mass

transportation facilities; and

"(ii) to use existing transportation facilities most

efficiently to relieve vehicular congestion and maximize the

mobility of individuals and goods; and".

Subsec. (f)(1)(E). Pub. L. 105-178, Sec. 3004(f)(1), as added by

Pub. L. 105-206, Sec. 9009(b)(3), added subpar. (E).

Subsec. (f)(2). Pub. L. 105-178, Sec. 3004(e)(2), substituted

"and any State or local goals developed within the cooperative

metropolitan planning process as they relate to a 20-year forecast

period and to other forecast periods as determined by the

participants in the planning process" for "as they are related to a

20-year forecast period".

Subsec. (f)(4). Pub. L. 105-178, Sec. 3004(e)(3), inserted

"freight shippers, providers of freight transportation services,"

after "mass transportation authority employees," and

"representatives of users of public transit," after "private

providers of transportation,".

Subsec. (f)(5)(A). Pub. L. 105-178, Sec. 3004(e)(4), inserted

"published or otherwise" before "made readily available".

Subsec. (f)(6). Pub. L. 105-178, Sec. 3004(f)(2), as added by

Pub. L. 105-206, Sec. 9009(b)(3), added par. (6).

Subsec. (h)(1). Pub. L. 105-178, Sec. 3029(b)(1), (2),

substituted "subsection (c) or (h)(1) of section 5338 of this

title" for "section 5338(g)(1) of this title" and "sections 5304

and 5305 of this title" for "sections 5304-5306 of this title".

Subsec. (h)(2)(A), (3)(A). Pub. L. 105-178, Sec. 3029(b)(1),

substituted "subsection (c) or (h)(1) of section 5338 of this

title" for "section 5338(g)(1) of this title".

Subsec. (h)(4). Pub. L. 105-178, Sec. 3029(b)(3), substituted

"subsection (c) or (h)(1) of section 5338 of this title" for

"section 5338(g) of this title".

1997 - Subsec. (c)(1). Pub. L. 105-102, Sec. 2(4)(A), inserted

"and sections 5304-5306 of this title" after "this section".

Subsec. (c)(4)(A). Pub. L. 105-102, Sec. 2(4)(B), substituted

"paragraph (5)" for "paragraph (3)".

Subsec. (c)(5)(A). Pub. L. 105-102, Sec. 2(4)(C), inserted "and

sections 5304-5306 of this title" after "this section".

1996 - Subsec. (f)(2). Pub. L. 104-287, Sec. 5(10)(A),

substituted "subsection (b)" for "subsection (e)".

Subsec. (h)(4). Pub. L. 104-287, Sec. 5(10)(B), substituted

"section 5338(g)" for "5338(g)(1)".

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.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 8(1) of Pub. L. 104-287, as amended by Pub. L. 105-102,

Sec. 3(d)(2)(A), Nov. 20, 1997, 111 Stat. 2215, provided that: "The

amendments made by sections 3 and 5(10)-(17), (19), (20), (52),

(53), (55), (61), (62), (65), (70), (77)-(79), and (91)-(93) of

this Act [amending this section, sections 5307, 5309, 5315, 5317,

5323, 5325, 5327, 5336, 5338, 20301, 21301, 22106, 32702, 32705,

40109, 41109, 46301, 46306, 46316, 60114, 70102, and 70112 of this

title, and section 1445 of Title 28, Judiciary and Judicial

Procedure] shall take effect on July 5, 1994."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5304, 5305, 5306, 5307,

5309, 5313, 5314, 5323, 5338 of this title; title 23 sections 134,

135.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

-End-

-CITE-

49 USC Sec. 5304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5304. Transportation improvement program

-STATUTE-

(a) Development and Update. -

(1) In general. - In cooperation with the State and affected

mass transportation operators, a metropolitan planning

organization designated for a metropolitan area shall develop a

transportation improvement program for the area. In developing

the program, the metropolitan planning organization, in

cooperation with the chief executive officer of the State and any

affected mass transportation operator, shall provide citizens,

affected public agencies, representatives of transportation

authority employees, other affected employee representatives,

freight shippers, providers of freight transportation services,

other affected employee representatives, private providers of

transportation, representatives of users of public transit, and

other interested parties with a reasonable opportunity to comment

on the proposed program. The program shall be updated at least

once every 2 years and shall be approved by the organization and

the chief executive officer of the State.

(2) Funding estimate. - For the purpose of developing the

transportation improvement program, the metropolitan planning

organization, public transit agency, and the State shall

cooperatively develop estimates of funds that are reasonably

expected to be available to support program implementation.

(b) Contents. - A transportation improvement program for a

metropolitan area shall include -

(1) a priority list of projects and parts of projects to be

carried out in each 3-year period after the program is adopted;

and

(2) a financial plan that -

(A) demonstrates how the program can be carried out;

(B) indicates resources from public and private sources that

reasonably are expected to be made available to carry out the

plan;

projects, programs, and strategies; and

(D) may include, for illustrative purposes, additional

projects that would be included in the approved transportation

improvement program if reasonable additional resources beyond

those identified in the financial plan were available.

section 5305(d)(1) and in addition to the transportation

improvement program development required under subsection (b), the

selection of federally funded projects for implementation in

metropolitan areas shall be carried out, from the approved

transportation improvement program -

(A) by -

(i) in the case of projects under title 23, the State; and

(ii) in the case of projects under this chapter, the

designated transit funding recipients; and

(B) in cooperation with the metropolitan planning organization.

(2) A transportation improvement program for a metropolitan area

shall include -

(A) projects within the area that are proposed for financing

under this chapter and title 23 and that are consistent with the

long-range plan developed under section 5303(f) of this title;

and

(B) a project or an identified phase of a project only if full

financing reasonably can be anticipated to be available for the

project in the period estimated for completion.

(3) Notwithstanding any other provision of law, action by the

Secretary shall not be required to advance a project included in

the approved transportation improvement program in place of another

project in the program.

(4) Selection of projects from illustrative list. -

(A) In general. - Notwithstanding subsection (b)(2)(D), a State

or metropolitan planning organization shall not be required to

select any project from the illustrative list of additional

projects included in the financial plan under subsection

(b)(2)(D).

(B) Action by secretary. - Action by the Secretary shall be

required for a State or metropolitan planning organization to

select any project from the illustrative list of additional

projects included in the plan under subsection (b)(2) for

inclusion in an approved transportation improvement plan.

(5) Publication. - (A) A transportation improvement program

involving Government participation shall be published or otherwise

made readily available by the metropolitan planning organization

for public review.

(B) An annual listing of projects for which Government funds have

been obligated in the preceding year shall be published or

otherwise made available by the metropolitan planning organization

for public review. The listing shall be consistent with the

categories identified in the transportation improvement program.

(6) Regionally significant projects proposed for funding under

chapter 2 of title 23 shall be identified individually in the

transportation improvement program. All other projects funded under

chapter 2 of title 23 shall be grouped in 1 line item or identified

individually in the transportation improvement program.

(d) Notice and Comment. - Before approving a transportation

improvement program, a metropolitan planning organization shall

provide citizens, affected public agencies, representatives of

transportation agency employees, private providers of

transportation, and other interested parties with reasonable notice

and an opportunity to comment on the proposed program.

(e) Regulatory Proceeding. - Not later than June 18, 1992, the

Secretary of Transportation shall begin a regulatory proceeding to

conform review requirements for mass transportation projects under

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et

seq.) to comparable requirements under that Act applicable to

highway projects. This section and sections 5303, 5305, and 5306 of

this title do not affect the applicability of the Act to mass

transportation or highway projects. A mass transportation project

that has an approved draft Environmental Impact Statement is exempt

from complying with requirements under the Act applicable to

highway projects.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 793; Pub. L.

105-178, title III, Sec. 3005, June 9, 1998, 112 Stat. 345; Pub. L.

105-206, title IX, Sec. 9009(c)(2), July 22, 1998, 112 Stat. 854.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

5304(a) 49 App.:1607(h)(1). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

8(h); added Nov. 6, 1978,

Pub. L. 95-599, Sec. 305(b),

92 Stat. 2743; Apr. 2, 1987,

Pub. L. 100-17, Sec. 310,

101 Stat. 227; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3012, 105 Stat. 2102;

Oct. 6, 1992, Pub. L.

102-388, Secs. 501, 502(e),

106 Stat. 1566.

5304(b) 49 App.:1607(h)(2).

5304(c) 49 App.:1607(h)(3),

(5).

5304(d) 49 App.:1607(h)(6).

5304(e) 49 App.:1607(h)(4).

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

In subsection (b)(1), the word "initial" is omitted as surplus.

In subsection (b)(2)(C), the words "and programs" are omitted as

surplus.

In subsection (c)(1), the word "otherwise" is omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The National Environmental Policy Act of 1969, referred to in

subsec. (e), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 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 4321 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-178, Sec. 3005(d)(1), as added by

Pub. L. 105-206, Sec. 9009(c)(2), designated existing provisions as

par. (1), inserted heading, and added par. (2).

Pub. L. 105-178, Sec. 3005(a), in second sentence, substituted

"the metropolitan planning organization, in cooperation with the

chief executive officer of the State and any affected mass

transportation operator," for "the organization" and inserted

"other affected employee representatives, freight shippers,

providers of freight transportation services," after

"transportation authority employees," and "representatives of users

of public transit," after "private providers of transportation,".

Subsec. (b)(2)(B). Pub. L. 105-178, Sec. 3005(d)(2)(A), as added

by Pub. L. 105-206, Sec. 9009(c)(2), struck out "and" at end.

Subsec. (b)(2)(C). Pub. L. 105-178, Sec. 3005(d)(2)(B), as added

by Pub. L. 105-206, Sec. 9009(c)(2), which directed amendment of

subpar. (C) by substituting "strategies; and" for "strategies which

may include", was executed by making the substitution for

"strategies, which may include" to reflect the probable intent of

Congress. Remaining provisions of subpar. (C) redesignated (D).

Pub. L. 105-178, Sec. 3005(b), added subpar. (C) and struck out

former subpar. (C) which read as follows: "recommends innovative

financing techniques, including value capture, tolls, and

congestion pricing, to finance needed projects."

Subsec. (b)(2)(D). Pub. L. 105-178, Sec. 3005(d)(2)(B), as added

by Pub. L. 105-206, Sec. 9009(c)(2), which directed amendment of

subpar. (C) by substituting "strategies; and" followed by "(D) may

include" for "strategies which may include", was executed by making

the substitutions for "strategies, which may include" to reflect

the probable intent of Congress.

Subsec. (c)(1). Pub. L. 105-178, Sec. 3005(c)(1), added par. (1)

and struck out former par. (1) which read as follows: "Except as

provided in section 5305(d)(1) of this title, the State, in

cooperation with the metropolitan planning organization, shall

select projects in a metropolitan area that involve United States

Government participation. Selection shall comply with the

transportation improvement program for the area."

Subsec. (c)(3). Pub. L. 105-178, Sec. 3005(c)(2), added par. (3).

Subsec. (c)(4). Pub. L. 105-178, Sec. 3005(d)(3), as added by

Pub. L. 105-206, Sec. 9009(c)(2), added par. (4) and struck out

heading and text of former par. (4). Text read as follows:

"Notwithstanding subsection (b)(2)(C), a State or metropolitan

planning organization shall not be required to select any project

from the illustrative list of additional projects included in the

financial plan under subsection (b)(2)(C)."

Pub. L. 105-178, Sec. 3005(c)(2), added par. (4).

Subsec. (c)(5), (6). Pub. L. 105-178, Sec. 3005(c)(2), added

pars. (5) and (6).

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 sections 5303, 5305, 5306, 5307,

5309, 5313, 5314, 5323, 5338 of this title; title 23 sections 134,

135.

-End-

-CITE-

49 USC Sec. 5305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5305. Transportation management areas

-STATUTE-

(a) Designation. - The Secretary of Transportation shall

designate as a transportation management area -

(1) each urbanized area with a population of more than 200,000;

and

(2) any other area, if requested by the chief executive officer

and the metropolitan planning organization designated for the

area.

(b) Transportation Plans and Programs. - Transportation plans and

programs in a transportation management area shall be based on a

continuing and comprehensive transportation planning process the

metropolitan planning organization carries out in cooperation with

the State and affected mass transportation operators.

process under sections 5303, 5304, and 5306 of this title in a

transportation management area shall include a congestion

management system providing for effective management, through

travel demand reduction and operational management strategies, of

new and existing transportation facilities eligible for financing

under this chapter and title 23.

(d) Project Selection. - (1)(A) All federally funded projects

carried out within the boundaries of a transportation management

area under title 23 (excluding projects carried out on the National

Highway System and projects carried out under the bridge and

interstate maintenance program) or under this chapter shall be

selected from the approved transportation improvement program by

the metropolitan planning organization designated for the area in

consultation with the State and any affected public transit

operator.

(B) Projects carried out within the boundaries of a

transportation management area on the National Highway System and

projects carried out within such boundaries under the bridge

program or the interstate maintenance program shall be selected

from the approved transportation improvement program by the State

in cooperation with the metropolitan planning organization

designated for the area.

(2)(A) A selection under this subsection must comply with the

transportation improvement program for the area.

(B) A selection under paragraph (1)(A) of this subsection must

comply with priorities established in the program.

(e) Certification. - (1) At least once every 3 years, the

Secretary shall ensure and certify that each metropolitan planning

organization in each transportation management area is carrying out

its responsibilities under applicable laws of the United States.

The Secretary may make the certification only if the organization

is complying with section 134 of title 23 and other applicable

requirements of laws of the United States and the organization and

chief executive officer have approved a transportation improvement

program for the area.

(2)(A) If a metropolitan planning process is not certified, the

Secretary may withhold not more than 20 percent of the apportioned

funds attributable to the transportation management area under this

chapter and title 23.

(B) Any apportionments withheld under subparagraph (A) shall be

restored to the metropolitan area at such time as the metropolitan

planning organization is certified by the Secretary.

(3) The Secretary may not withhold certification based on the

policies and criteria a metropolitan planning organization or mass

transportation grant recipient establishes under section 5306(a) of

this title for deciding the feasibility of private enterprise

participation.

(4) In making certification determinations under this subsection,

the Secretary shall provide for public involvement appropriate to

the metropolitan area under review.

(f) Additional Requirements for Certain Nonattainment Areas. -

Government amounts may be made available for a mass transportation

project resulting in a significant increase in carrying capacity

for single occupant vehicles in a transportation management area

classified as a nonattainment area for ozone or carbon monoxide

under the Clean Air Act (42 U.S.C. 7401 et seq.) only if the

project is part of an approved congestion management system.

(g) Areas Not Designated Transportation Management Areas. - (1)

The Secretary may provide for the development of abbreviated

metropolitan transportation plans and programs the Secretary

decides are appropriate to carry out this section and sections

5303, 5304, and 5306 of this title for metropolitan areas not

designated transportation management areas under this section. The

Secretary shall consider the complexity of transportation problems

in those areas, including transportation-related air quality

problems.

(2) The Secretary may not provide an abbreviated plan or program

for a metropolitan area in a nonattainment area for ozone or carbon

monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).

(h) Continuation of Current Review Practice. - Since plans and

programs described in this section are subject to a reasonable

opportunity for public comment, since individual projects included

in the plans and programs are subject to review under the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and

since decisions by the Secretary concerning plans and programs

described in this section have not been reviewed under such Act as

of January 1, 1997, any decision by the Secretary concerning a plan

or program described in this section shall not be considered to be

a Federal action subject to review under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.).

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 794; Pub. L.

105-178, title III, Sec. 3006, June 9, 1998, 112 Stat. 346; Pub. L.

105-206, title IX, Sec. 9009(d), July 22, 1998, 112 Stat. 854.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

5305(a)-(e) 49 App.:1607(i). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

8(i); added Nov. 6, 1978,

Pub. L. 95-599, Sec. 305(b),

92 Stat. 2743; Apr. 2, 1987,

Pub. L. 100-17, Sec. 310,

101 Stat. 227; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3012, 105 Stat. 2103;

Oct. 6, 1992, Pub. L.

102-388, Sec. 502(f), 106

Stat. 1566.

5305(f) 49 App.:1607(l). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

8(j), (l); added Nov. 6,

1978, Pub. L. 95-599, Sec.

305(b), 92 Stat. 2743; Apr.

2, 1987, Pub. L. 100-17,

Sec. 310, 101 Stat. 227;

restated Dec. 18, 1991, Pub.

L. 102-240, Sec. 3012, 105

Stat. 2104.

5305(g) 49 App.:1607(j).

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

In subsection (c), the words "title 23" are substituted for "this

title" for consistency in this chapter and to reflect the apparent

intent of Congress. The word "appropriate" is omitted as surplus.

In subsection (e)(2), the words "under the formula program" are

omitted as surplus.

In subsections (f) and (g), the word "area" is added for clarity

and consistency with 42:7501(2).

In subsection (f), the words "Notwithstanding any other

provisions of this chapter or title 23, United States Code" are

omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsecs. (f) and (g)(2), 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.

The National Environmental Policy Act of 1969, referred to in

subsec. (h), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as

amended, which is classified generally to chapter 55 (Sec. 4321 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 4321 of Title 42 and Tables.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-178, Sec. 3006(a), added par.

(2) and struck out former par. (2) which read as follows: "any

other area, including the Lake Tahoe Basin as defined in the Act of

December 19, 1980 (Public Law 96-551, 94 Stat. 3233), when

requested by the chief executive officer and the metropolitan

organization designated for the area or the affected local

officials."

Subsec. (b). Pub. L. 105-178, Sec. 3006(b), inserted "affected"

before "mass transportation operators".

Subsec. (c). Pub. L. 105-178, Sec. 3006(c), struck out at end

"The Secretary shall establish a phase-in schedule to comply with

sections 5303, 5304, and 5306."

Subsec. (d)(1). Pub. L. 105-178, Sec. 3006(d), as amended by Pub.

L. 105-206, Sec. 9009(d), amended par. (1) generally. Prior to

amendment, par. (1) read as follows:

"(1)(A) In consultation with the State, the metropolitan planning

organization designated for a transportation management area shall

select the projects to be carried out in the area with United

States Government participation under this chapter or title 23,

except projects of the National Highway System or under the Bridge

and Interstate Maintenance programs.

"(B) In cooperation with the metropolitan planning organization

designated for a transportation management area, the State shall

select the projects to be carried out in the area of the National

Highway System or under the Bridge and Interstate Maintenance

programs."

Subsec. (e)(2). Pub. L. 105-178, Sec. 3006(e)(1), added par. (2)

and struck out former par. (2) which read as follows: "If the

Secretary does not certify before October 1, 1993, that a

metropolitan planning organization is carrying out its

responsibilities, the Secretary may withhold any part of the

apportionment under section 104(b)(3) of title 23 attributed to the

relevant metropolitan area under section 133(d)(3) of title 23 and

capital amounts apportioned under section 5336 of this title. If an

organization remains uncertified for more than 2 consecutive years

after September 30, 1994, 20 percent of that apportionment and

capital amounts shall be withheld. The withheld apportionments

shall be restored when the Secretary certifies the organization."

Subsec. (e)(4). Pub. L. 105-178, Sec. 3006(e)(2), added par. (4).

Subsec. (h). Pub. L. 105-178, Sec. 3006(f), added subsec. (h).

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 sections 5303, 5304, 5306, 5307,

5309, 5313, 5314, 5323, 5338 of this title; title 23 sections 134,

135.

-End-

-CITE-

49 USC Sec. 5306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5306. Private enterprise participation in metropolitan

planning and transportation improvement programs and relationship

to other limitations

-STATUTE-

(a) Private Enterprise Participation. - A plan or program

required by section 5303, 5304, or 5305 of this title shall

encourage to the maximum extent feasible the participation of

private enterprise. If equipment or a facility already being used

in an urban area is to be acquired under this chapter, the program

shall provide that it be improved so that it will better serve the

transportation needs of the area.

(b) Relationship to Other Limitations. - Sections 5303-5305 of

this title do not authorize -

(1) a metropolitan planning organization to impose a legal

requirement on a transportation facility, provider, or project

not eligible under this chapter or title 23; and

(2) intervention in the management of a transportation

authority.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 795.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

5306(a) 49 App.:1607(o). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

8(o); added Nov. 6, 1978,

Pub. L. 95-599, Sec. 305(b),

92 Stat. 2743; Apr. 2, 1987,

Pub. L. 100-17, Sec. 310,

101 Stat. 227; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3012, 105 Stat. 2105.

5306(b) 49 App.:1607(m). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

8(m); added Nov. 6, 1978,

Pub. L. 95-599, Sec. 305(b),

92 Stat. 2743; Apr. 2, 1987,

Pub. L. 100-17, Sec. 310,

101 Stat. 227; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3012, 105 Stat. 2104;

Oct. 6, 1992, Pub. L.

102-388, Sec. 502(g), 106

Stat. 1566.

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

In subsection (a), the words "(through modernization, extension,

addition, or otherwise)" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5303, 5304, 5305, 5307,

5309, 5313, 5314, 5323 of this title; title 23 section 134.

-End-

-CITE-

49 USC Sec. 5307 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5307. Urbanized area formula grants

-STATUTE-

(a) Definitions. - In this section, the following definitions

apply:

(1) Associated capital maintenance items. - The term

"associated capital maintenance items" means equipment, tires,

tubes, and material, each costing at least .5 percent of the

current fair market value of rolling stock comparable to the

rolling stock for which the equipment, tires, tubes, and material

are to be used.

(2) Designated recipient. - The term "designated recipient"

means -

(A) a person designated, consistent with the planning process

under sections 5303-5306 of this title, by the chief executive

officer of a State, responsible local officials, and publicly

owned operators of mass transportation to receive and apportion

amounts under section 5336 of this title that are attributable

to transportation management areas established under section

5305(a) of this title; or

(B) a State or regional authority if the authority is

responsible under the laws of a State for a capital project and

for financing and directly providing mass transportation.

(b) General Authority. - (1) The Secretary of Transportation may

make grants under this section for capital projects and to finance

the planning and improvement costs of equipment, facilities, and

associated capital maintenance items for use in mass

transportation, including the renovation and improvement of

historic transportation facilities with related private investment.

The Secretary may also make grants under this section to finance

the operating cost of equipment and facilities for use in mass

transportation in an urbanized area with a population of less than

200,000.

(2) Special rule for fiscal year 2003. -

(A) Increased flexibility. - The Secretary may make grants

under this section, from funds made available to carry out this

section for fiscal year 2003, to finance the operating cost of

equipment and facilities for use in mass transportation in an

urbanized area with a population of at least 200,000 as

determined under the 2000 decennial census of population if -

(i) the urbanized area had a population of less than 200,000

as determined under the 1990 Federal decennial census of

population;

(ii) a portion of the urbanized area was a separate urbanized

area with a population of less than 200,000 as determined under

the 1990 Federal decennial census of population; or

(iii) the area was not designated as a urbanized area as

determined under the 1990 Federal decennial census of

population.

(B) Maximum amounts. - Amounts made available pursuant to

subparagraphs (A)(i) and (A)(ii) shall be no more than the amount

apportioned in fiscal year 2002 to the urbanized area with a

population of less than 200,000 as determined in the 1990 Federal

decennial census of population. Amounts made available pursuant

to subparagraph (A)(iii) shall be no more than the amount

apportioned under this section for fiscal year 2003.

(3) In a transportation management area designated under section

5305(a) of this title, amounts that cannot be used to pay operating

expenses under this section also are available for a highway

project if -

(A) that use is approved, in writing, by the metropolitan

planning organization under section 5303 of this title after

appropriate notice and an opportunity for comment and appeal is

provided to affected mass transportation providers;

(B) the Secretary decides the amounts are not needed for

investment required by the Americans with Disabilities Act of

1990 (42 U.S.C. 12101 et seq.); and

under subparagraph (A) determines that the local transit needs

are being addressed.

(4) A project for the reconstruction of equipment and material,

each of which after reconstruction will have a fair market value of

at least .5 percent of the current fair market value of rolling

stock comparable to the rolling stock for which the equipment and

material will be used, is a capital project for an associated

capital maintenance item under this section.

grant shall -

(1) make available to the public information on amounts

available to the recipient under this section and the program of

projects the recipient proposes to undertake;

(2) develop, in consultation with interested parties, including

private transportation providers, a proposed program of projects

for activities to be financed;

(3) publish a proposed program of projects in a way that

affected citizens, private transportation providers, and local

elected officials have the opportunity to examine the proposed

program and submit comments on the proposed program and the

performance of the recipient;

(4) provide an opportunity for a public hearing in which to

obtain the views of citizens on the proposed program of projects;

(5) ensure that the proposed program of projects provides for

the coordination of mass transportation services assisted under

section 5336 of this title with transportation services assisted

from other United States Government sources;

(6) consider comments and views received, especially those of

private transportation providers, in preparing the final program

of projects; and

(7) make the final program of projects available to the public.

(d) Grant Recipient Requirements. - A recipient may receive a

grant in a fiscal year only if -

(1) the recipient, within the time the Secretary prescribes,

submits a final program of projects prepared under subsection (c)

of this section and a certification for that fiscal year that the

recipient (including a person receiving amounts from a chief

executive officer of a State under this section) -

(A) has or will have the legal, financial, and technical

capacity to carry out the program;

(B) has or will have satisfactory continuing control over the

use of equipment and facilities;

(D) will ensure that elderly and handicapped individuals, or

an individual presenting a medicare card issued to that

individual under title II or XVIII of the Social Security Act

(42 U.S.C. 401 et seq., 1395 et seq.), will be charged during

non-peak hours for transportation using or involving a facility

or equipment of a project financed under this section not more

than 50 percent of the peak hour fare;

(E) in carrying out a procurement under this section -

(i) will use competitive procurement (as defined or

approved by the Secretary);

(ii) will not use a procurement that uses exclusionary or

discriminatory specifications; and

(iii) will comply with applicable Buy America laws in

carrying out a procurement;

(F) has complied with subsection (c) of this section;

(G) has available and will provide the required amounts as

provided by subsection (e) of this section;

(H) will comply with sections 5301(a) and (d), 5303-5306, and

5310(a)-(d) of this title;

(I) has a locally developed process to solicit and consider

public comment before raising a fare or carrying out a major

reduction of transportation; and

(J)(i) will expend for each fiscal year for mass

transportation security projects, including increased lighting

in or adjacent to a mass transportation system (including bus

stops, subway stations, parking lots, and garages), increased

camera surveillance of an area in or adjacent to that system,

providing an emergency telephone line to contact law

enforcement or security personnel in an area in or adjacent to

that system, and any other project intended to increase the

security and safety of an existing or planned mass

transportation system, at least one percent of the amount the

recipient receives for each fiscal year under section 5336 of

this title; or

(ii) has decided that the expenditure for security projects

is not necessary; and

(2) the Secretary accepts the certification.

(e) Government's Share of Costs. - A grant of the Government for

a capital project (including associated capital maintenance items)

under this section is for 80 percent of the net project cost of the

project. A recipient may provide additional local matching amounts.

A grant for operating expenses may not be more than 50 percent of

the net project cost of the project. The remainder of the net

project cost shall be provided in cash from sources other than

amounts of the Government or revenues from providing mass

transportation (excluding revenues derived from the sale of

advertising and concessions that are more than the amount of those

revenues in the fiscal year that ended September 30, 1985). Transit

system amounts that make up the remainder shall be from an

undistributed cash surplus, a replacement or depreciation cash fund

or reserve, or new capital.

(f) Statewide Operating Assistance. - (1) A State authority that

is a designated recipient and providing mass transportation in at

least 2 urbanized areas may apply for operating assistance in an

amount not more than the amount for all urbanized areas in which it

provides transportation.

(2) When approving an application under paragraph (1) of this

subsection, the Secretary may not reduce the amount of operating

assistance approved for another State or a local transportation

authority within the affected urbanized areas.

(g) Undertaking Projects in Advance. - (1) When a recipient

obligates all amounts apportioned to it under section 5336 of this

title and then carries out a part of a project described in this

section (except a project for operating expenses) without amounts

of the Government and according to all applicable procedures and

requirements (except to the extent the procedures and requirements

limit a State to carrying out a project with amounts of the

Government previously apportioned to it), the Secretary may pay to

the recipient the Government's share of the cost of carrying out

that part when additional amounts are apportioned to the recipient

under section 5336 if -

(A) the recipient applies for the payment;

(B) the Secretary approves the payment; and

plans and specifications for the part in the same way as for

other projects under this section.

(2) The Secretary may approve an application under paragraph (1)

of this subsection only if an authorization for this section is in

effect for the fiscal year to which the application applies. The

Secretary may not approve an application if the payment will be

more than -

(A) the recipient's expected apportionment under section 5336

of this title if the total amount authorized to be appropriated

for the fiscal year to carry out this section is appropriated;

less

(B) the maximum amount of the apportionment that may be made

available for projects for operating expenses under this section.

(3) The cost of carrying out that part of a project includes the

amount of interest earned and payable on bonds issued by the

recipient to the extent proceeds of the bonds are expended in

carrying out the part. However, the amount of interest allowed

under this paragraph may not be more than the most favorable

financing terms reasonably available for the project at the time of

borrowing. The applicant shall certify, in a manner satisfactory to

the Secretary, that the applicant has shown reasonable diligence in

seeking the most favorable financing terms.

(4) The Secretary shall consider changes in capital project cost

indices when determining the estimated cost under paragraph (3) of

this subsection.

(h) Streamlined Administrative Procedures. - The Secretary shall

prescribe streamlined administrative procedures for complying with

the certification requirement under subsection (d)(1)(B) and (C) of

this section for track and signal equipment used in existing

operations.

(i) Reviews, Audits, and Evaluations. - (1)(A) At least annually,

the Secretary shall carry out, or require a recipient to have

carried out independently, reviews and audits the Secretary

considers appropriate to establish whether the recipient has

carried out -

(i) the activities proposed under subsection (d) of this

section in a timely and effective way and can continue to do so;

and

(ii) those activities and its certifications and has used

amounts of the Government in the way required by law.

(B) An audit of the use of amounts of the Government shall comply

with the auditing procedures of the Comptroller General.

(2) At least once every 3 years, the Secretary shall review and

evaluate completely the performance of a recipient in carrying out

the recipient's program, specifically referring to compliance with

statutory and administrative requirements and the extent to which

actual program activities are consistent with the activities

proposed under subsection (d) of this section and the planning

process required under sections 5303-5306 of this title. To the

extent practicable, the Secretary shall coordinate such reviews

with any related State or local reviews.

(3) The Secretary may take appropriate action consistent with a

review, audit, and evaluation under this subsection, including

making an appropriate adjustment in the amount of a grant or

withdrawing the grant.

(j) Reports. - A recipient (including a person receiving amounts

from a chief executive officer of a State under this section) shall

submit annually to the Secretary a report on the revenues the

recipient derives from the sale of advertising and concessions.

(k) Transit Enhancement Activities. -

(1) In general. - One percent of the funds apportioned to

urbanized areas with a population of at least 200,000 under

section 5336 for a fiscal year shall be made available for

transit enhancement activities in accordance with section

5302(a)(15).

(2) Period of availability. - Funds apportioned under paragraph

(1) shall be available for obligation for 3 years following the

fiscal year in which the funds are apportioned. Funds that are

not obligated at the end of such period shall be reapportioned

under the urbanized area formula program of section 5336.

(3) Report. - A recipient of funds apportioned under paragraph

(1) shall submit, as part of the recipient's annual certification

to the Secretary, a report listing the projects carried out

during the preceding fiscal year with those funds.

(l) Procurement System Approval. - A recipient may request the

Secretary to approve its procurement system. The Secretary shall

approve the system for use for procurements financed under section

5336 of this title if, after consulting with the Administrator for

Federal Procurement Policy, the Secretary decides the system

provides for competitive procurement. Approval of a system under

this subsection does not relieve a recipient of the duty to certify

under subsection (d)(1)(E) of this section.

(m) Operating Ferries Outside Urbanized Areas. - A vessel used in

ferryboat operations financed under section 5336 of this title that

is part of a State-operated ferry system may be operated

occasionally outside the urbanized area in which service is

provided to accommodate periodic maintenance if existing ferry

service is not reduced significantly by operating outside the area.

(n) Relationship to Other Laws. - (1) Section 1001 of title 18

applies to a certificate or submission under this section. The

Secretary may end a grant under this section and seek

reimbursement, directly or by offsetting amounts available under

section 5336 of this title, when a false or fraudulent statement or

related act within the meaning of section 1001 is made in

connection with a certification or submission.

(2) Sections 5302, 5318, 5319, 5323(a)(1), (d), and (f), 5332,

and 5333 of this title apply to this section and to a grant made

under this section. Except as provided in this section, no other

provision of this chapter applies to this section or to a grant

made under this section.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 795; Pub. L.

103-429, Sec. 6(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104-287,

Sec. 5(11), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105-178, title

III, Sec. 3007(a)(1), (b)-(h), June 9, 1998, 112 Stat. 347, 348;

Pub. L. 105-206, title IX, Sec. 9009(e), July 22, 1998, 112 Stat.

855; Pub. L. 107-232, Sec. 1, Oct. 1, 2002, 116 Stat. 1478.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

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

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

Section

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

5307(a)(1) 49 App.:1607a(j)(1) July 9, 1964, Pub. L.

(last sentence). 88-365, 78 Stat. 302, Sec.

9(j)(1) (last sentence);

added Jan. 6, 1983, Pub. L.

97-424, Sec. 303, 96 Stat.

2145; Apr. 2, 1987, Pub. L.

100-17, Secs. 309(b)(1),

(2), 327(b), 101 Stat. 227,

238.

5307(a)(2) 49 App.:1607a(m)(1). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(h), (i), (m)(1); added

Jan. 6, 1983, Pub. L.

97-424, Sec. 303, 96 Stat.

2145, 2147; Apr. 2, 1987,

Pub. L. 100-17, Sec. 327(b),

101 Stat. 238; Oct. 6, 1992,

Pub. L. 102-388, Sec.

503(2), 106 Stat. 1567.

5307(b)(1) 49 App.:1607a(j)(1) July 9, 1964, Pub. L.

(1st sentence). 88-365, 78 Stat. 302, Sec.

9(j)(1) (1st sentence);

added Jan. 6, 1983, Pub. L.

97-424, Sec. 303, 96 Stat.

2145; Apr. 2, 1987, Pub. L.

100-17, Secs. 309(b)(3),

327(b), 101 Stat. 227, 238.

5307(b)(2) 49 App.:1607a(j)(1) July 9, 1964, Pub. L.

(2d sentence). 88-365, 78 Stat. 302, Sec.

9(j)(1) (2d sentence); added

Dec. 18, 1991, Pub. L.

102-240, Sec. 3013(h)(1),

105 Stat. 2107.

5307(b)(3) 49 App.:1607a(j)(1) July 9, 1964, Pub. L.

(3d, 4th sentences). 88-365, 78 Stat. 302, Sec.

9(j)(1) (3d, 4th sentences);

added Apr. 2, 1987, Pub. L.

100-17, Sec. 308, 101 Stat.

226.

5307(b)(4) 49 App.:1607a(j)(2). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(j)(2); added Apr. 2, 1987,

Pub. L. 100-17, Sec.

309(b)(4), 101 Stat. 227.

5307(b)(5) 49 App.:1607a(j)(3). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(j)(3); added Dec. 18,

1991, Pub. L. 102-240, Sec.

3013(h)(2), 105 Stat. 2107.

5307(c) 49 App.:1607a(f). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(f); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 303, 96

Stat. 2144; Apr. 2, 1987,

Pub. L. 100-17, Sec. 327(b),

101 Stat. 238; Dec. 18,

1991, Pub. L. 102-240, Sec.

3013(g), 105 Stat. 2107.

5307(d)(1) 49 App.:1607a(e)(2) July 9, 1964, Pub. L.

(1st, last 88-365, 78 Stat. 302, Sec.

sentences). 9(e)(2); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 303, 96

Stat. 2143; Apr. 2, 1987,

Pub. L. 100-17, Secs.

312(a), 327(b), 101 Stat.

228, 238; Dec. 18, 1991,

Pub. L. 102-240, Sec.

3013(d), 105 Stat. 2106.

49 App.:1607a(e)(3). July 9, 1964, Pub. L.

88-365, 78 Stat. 202, Sec.

9(e)(3); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 303, 96

Stat. 2143; Apr. 2, 1987,

Pub. L. 100-17, Sec. 327(b),

101 Stat. 238; Dec. 18,

1991, Pub. L. 102-240, Sec.

3013(f), 105 Stat. 2106.

5307(d)(2) 49 App.:1607a(e)(5). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(e)(5); added Apr. 2, 1987,

Pub. L. 100-17, Sec.

312(f)(1), 101 Stat. 229.

5307(e) 49 App.:1607a(k)(1). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(k)(1); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 303, 96

Stat. 2145; Apr. 2, 1987,

Pub. L. 100-17, Secs.

309(c), (d), (f), 312(b)(1),

327(b), 101 Stat. 227, 228,

238.

5307(f) 49 App.:1607a Nov. 21, 1989, Pub. L.

(note). 101-164, Sec. 334(c), 103

Stat. 1098.

5307(g) 49 App.:1607a(p). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(p); added Apr. 2, 1987,

Pub. L. 100-17, Sec. 306(b),

101 Stat. 225.

5307(h) 49 App.:1607a(e)(6). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(e)(6); added Dec. 18,

1991, Pub. L. 102-240, Sec.

3013(e), 105 Stat. 2106.

5307(i) 49 App.:1607a(g). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(g); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 303, 96

Stat. 2144; Apr. 2, 1987,

Pub. L. 100-17, Secs.

312(f)(2), 327(b), 101 Stat.

229, 238.

5307(j) 49 App.:1607a(e)(4). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(e)(4); added Apr. 2, 1987,

Pub. L. 100-17, Sec.

312(b)(2), 101 Stat. 228.

5307(k) 49 App.:1607a(e)(2)

(2d, 3d sentences).

5307(l) 49 App.:1607a(i).

5307(m) 49 App.:1607a(r). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(r); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

3013(j), 105 Stat. 2107.

5307(n)(1) 49 App.:1607a(h).

5307(n)(2) 49 App.:1607a(e)(1). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

9(e)(1); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 303, 96

Stat. 2143; Apr. 2, 1987,

Pub. L. 100-17, Sec. 327(b),

101 Stat. 238; Dec. 18,

1991, Pub. L. 102-240, Sec.

3013(c), 105 Stat. 2106.

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

In subsection (a)(2)(A), the word "required" is omitted as

surplus. The word "apportion" is substituted for "dispense" for

consistency in this chapter. The word "appropriated" is omitted for

clarity.

In subsection (a)(2)(B), the word "authority" is substituted for

"agency" for consistency in the revised title and with other titles

of the United States Code. The words "by lease, contract, or

otherwise" are omitted as surplus.

In subsection (b)(1), the words "by operation or lease or

otherwise" are omitted as surplus.

In subsection (b)(3), the words "the Secretary prescribes" are

added for clarity. The text of 49 App.:1607a(j)(1) (4th sentence)

is omitted as executed.

In subsection (b)(4), the words "(whether by employees of the

grant recipient or by contract)" are omitted as surplus.

In subsection (c)(1), the words "of funds" are omitted as

surplus. The words "to the recipient" are added for clarity. The

words "with such funds" are omitted as surplus.

In subsection (c)(3), the words "as appropriate" are omitted as

surplus.

In subsection (c)(5), the words "and shall, if deemed appropriate

by the recipient, modify the proposed program of projects" are

omitted as surplus.

In subsection (d)(1)(B), the words "through operation or lease or

otherwise" are omitted as surplus.

In subsection (d)(1)(D), the words "ensure that elderly and

handicapped individuals . . . will be charged during non-peak hours

for transportation using or involving a facility or equipment of a

project financed under this chapter not more than 50 percent of the

peak hour fare" are substituted for 49 App.:1607a(e)(3)(C) and the

words "will give the rate required by section 1604(m) of this

Appendix" for clarity and consistency in the revised title. The

word "duly" is omitted as surplus.

In subsection (d)(1)(J)(ii), the words "has decided" are added

for clarity to correct an error in the source provisions being

restated.

In subsection (e), the words "at its option", "public", "the

amount of any", "by such system", "Any public or private",

"solely", and "available in" are omitted as surplus.

In subsection (f), the word "authority" is substituted for

"agency or instrumentality" for consistency in the revised title

and with other titles of the Code.

In subsection (f)(1), the words "is responsible under State laws

for the financing, construction and operation, directly by lease,

contract or otherwise, of public transportation services" are

omitted as surplus because a State that is a designated recipient

has that responsibility. The words "of UMTA funds", "combined total

permissible", and "regardless of whether the amount for any

particular urbanized area is exceeded" are omitted as surplus.

In subsection (f)(2), the word "Secretary" is substituted for

"UMTA" [subsequently changed to "FTA" because of section 3004(b) of

the Intermodal Surface Transportation Efficiency Act of 1991

(Public Law 102-240, 105 Stat. 2088)] because of 49:102(b) and

107(a). The words "This provision shall take effect with the fiscal

year 1990 section 9 apportionment" are omitted as obsolete.

In subsection (g)(2), before clause (A), the word "applies" is

substituted for "is sought beyond the currently authorized funds

for such recipient" to eliminate unnecessary words. In clause (A),

the words "of funds" are omitted as surplus.

In subsection (g)(3), the words "Subject to the provisions of

this paragraph", "the Federal share of which the Secretary is

authorized to pay under this subsection", and "actually" are

omitted as surplus.

In subsection (i)(1)(A), before clause (i), the words "necessary

or" are omitted as surplus. In clause (ii), the words "required by

law" are substituted for "which is consistent with the applicable

requirements of this chapter and other applicable laws" to

eliminate unnecessary words.

In subsection (i)(1)(B), the words "Comptroller General" are

substituted for "General Accounting Office" because of 31:702(b).

In subsection (i)(2), the words "In addition to the reviews and

audits described in paragraph (1)" and "perform a" are omitted as

surplus.

Subsection (i)(3) is substituted for 49 App.:1607a(g)(3) to

eliminate unnecessary words.

In subsection (l), the words "Administrator for Federal

Procurement Policy" are substituted for "Office of Federal

Procurement Policy" because of 41:404(b). The words "Such approval

shall be binding until withdrawn" are omitted as surplus.

In subsection (n)(1), the words "available under section 5336 of

this title" are substituted for "available under this subsection"

for clarity.

In subsection (n)(2), the references to sections 5302(a)(8) and

5318 are added for clarity. The source provisions of sections

5302(a)(8) and 5318, enacted by section 317 of the Surface

Transportation and Uniform Relocation Assistance Act of 1987

(Public Law 100-17, 101 Stat. 233), were not intended to come under

the exclusion stated in 49 App.:1607a(e)(1). The reference to 49

App.:1604(k)(3) is omitted as obsolete. The words "condition,

limitation, or other" and "for programs of projects" are omitted as

surplus.

PUB. L. 103-429, SEC. 6(7)(A)

This amends 49:5307(d)(1)(D) to correct an error in the

codification enacted by section 1 of the Act of July 5, 1994

(Public Law 103-272, 108 Stat. 797).

PUB. L. 103-429, SEC. 6(7)(B)

This makes a clarifying amendment to 49:5307(d)(1)(E)(iii).

PUB. L. 104-287

This amends 49:5307(a)(2) to delete an obsolete provision.

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in

subsec. (b)(3)(B), is Pub. L. 101-336, July 26, 1990, 104 Stat.

327, as amended, which is classified principally to chapter 126

(Sec. 12101 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 12101 of Title 42 and Tables.

The Social Security Act, referred to in subsec. (d)(1)(D), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and

XVIII of such Act are classified generally to subchapters II (Sec.

401 et seq.) and XVIII (Sec. 1395 et seq.) respectively, of chapter

7 of Title 42. For complete classification of this Act to the Code,

see section 1305 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(1). Pub. L. 107-232, Sec. 1(1), struck out at

end "The Secretary may make grants under this section from funds

made available for fiscal year 1998 to finance the operating costs

of equipment and facilities for use in mass transportation in an

urbanized area with a population of at least 200,000."

Subsec. (b)(2) to (4). Pub. L. 107-232, Sec. 1(2)-(4), added par.

(2), redesignated former pars. (2) and (3) as (3) and (4),

respectively, and realigned margins of par. (3)(C), as

redesignated.

1998 - Pub. L. 105-178, Sec. 3007(a)(1), substituted "Urbanized

area formula grants" for "Block grants" in section catchline.

Subsec. (a). Pub. L. 105-178, Sec. 3007(b)(1), substituted "In

this section, the following definitions apply:" for "In this

section - " in introductory provisions.

Subsec. (a)(1). Pub. L. 105-178, Sec. 3007(b)(2), inserted

"Associated capital maintenance items. - The term" after "(1)".

Subsec. (a)(2). Pub. L. 105-178, Sec. 3007(b)(3), inserted

"Designated recipient. - The term" after "(2)".

Subsec. (b)(1). Pub. L. 105-178, Sec. 3007(h)(1), as added by

Pub. L. 105-206, Sec. 9009(e), inserted at end "The Secretary may

make grants under this section from funds made available for fiscal

year 1998 to finance the operating costs of equipment and

facilities for use in mass transportation in an urbanized area with

a population of at least 200,000."

Pub. L. 105-178, Sec. 3007(c)(1), substituted "and improvement

costs of equipment" for ", improvement, and operating costs of

equipment" and inserted at end "The Secretary may also make grants

under this section to finance the operating cost of equipment and

facilities for use in mass transportation in an urbanized area with

a population of less than 200,000."

Subsec. (b)(2)(A). Pub. L. 105-178, Sec. 3007(c)(2)(A), inserted

", in writing," after "approved".

Subsec. (b)(2)(C). Pub. L. 105-178, Sec. 3007(c)(2)(B)-(4), added

subpar. (C).

Subsec. (b)(3), (4). Pub. L. 105-178, Sec. 3007(c)(5), (6),

redesignated par. (4) as (3) and struck out former par. (3) which

read as follows: "A grant for a capital project under this section

also is available to finance the leasing of equipment and

facilities for use in mass transportation, subject to regulations

the Secretary prescribes limiting the grant to leasing arrangements

that are more cost effective than acquisition or construction."

Subsec. (b)(5). Pub. L. 105-178, Sec. 3007(c)(5), struck out par.

(5) which read as follows: "Amounts under this section are

available for a highway project under title 23 only if amounts used

for the State or local share of the project are eligible to finance

either a highway or mass transportation project."

Subsec. (g)(3). Pub. L. 105-178, Sec. 3007(d), substituted "the

most favorable financing terms reasonably available for the project

at the time of borrowing. The applicant shall certify, in a manner

satisfactory to the Secretary, that the applicant has shown

reasonable diligence in seeking the most favorable financing

terms." for "the amount by which the estimated cost of carrying out

the part (if it would be carried out at the time the part is

converted to a regularly financed project) exceeds the actual cost

(except interest) of carrying out the part."

Subsec. (i)(2). Pub. L. 105-178, Sec. 3007(e), inserted at end

"To the extent practicable, the Secretary shall coordinate such

reviews with any related State or local reviews."

Subsec. (k). Pub. L. 105-178, Sec. 3007(f), amended heading and

text of subsec. (k) generally. Prior to amendment, text read as

follows: "A certification under subsection (d) of this section and

any additional certification required by law to be submitted to the

Secretary may be consolidated into a single document to be

submitted annually as part of the grant application under this

section. The Secretary shall publish annually a list of all

certifications required under this chapter with the publication

required under section 5336(e)(2) of this title."

Subsec. (k)(3). Pub. L. 105-178, Sec. 3007(h)(2), as added by

Pub. L. 105-206, Sec. 9009(e), inserted "preceding" before "fiscal

year".

Subsec. (n)(2). Pub. L. 105-178, Sec. 3007(g), inserted "5319,"

after "5318,".

1996 - Subsec. (a)(2). Pub. L. 104-287 substituted "title; or"

for "title;" in subpar. (A) and "transportation." for

"transportation; or" in subpar. (B) and struck out subpar. (C)

which read as follows: "a recipient designated under section

5(b)(1) of the Federal Transit Act not later than January 5, 1983."

1994 - Subsec. (d)(1)(D). Pub. L. 103-429, Sec. 6(7)(A),

substituted "section" for "chapter".

Subsec. (d)(1)(E)(iii). Pub. L. 103-429, Sec. 6(7)(B),

substituted "Buy America" for "Buy-American".

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.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-287 effective July 5, 1994, see section

8(1) of Pub. L. 104-287, set out as a note under section 5303 of

this title.

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.

LOCAL SHARE

Pub. L. 105-178, title III, Sec. 3011, June 9, 1998, 112 Stat.

357, provided that:

"(a) In General. - Notwithstanding any other provision of law,

for fiscal years 1999 through 2003, a recipient of assistance under

section 5307 or 5309 of title 49, United States Code, may use, as

part of the local matching funds for a capital project (as defined

in section 5302(a) of title 49, United States Code), the proceeds

from the issuance of revenue bonds.

"(b) Maintenance of Effort. - The Secretary [of Transportation]

shall approve of the use of the proceeds from the issuance of

revenue bonds for the remainder of the net project cost (as defined

in section 5302(a) of title 49, United States Code) only if the

aggregate amount of financial support for mass transportation in

the urbanized area from the State and affected local governmental

authorities during the next 3 fiscal years, as programmed in the

State Transportation Improvement Program under section 135 of title

23, United States Code, is not less than the aggregate amount

provided by the State and affected local governmental authorities

in the urbanized area during the preceding 3 fiscal years.

"(c) Report. -

"(1) In general. - Not later than January 1, 2003, the

Secretary shall submit to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee

on Banking, Housing, and Urban Affairs of the Senate, a report on

the recipients described in subsection (a) that have used, as

part of the local matching funds for a capital project, the

proceeds from the issuance of revenue bonds, during the period

described in subsection (a).

"(2) Contents of report. - The report required by this

subsection shall include -

"(A) information on each project undertaken, the amount of

the revenue bonds issued, and the status of repayment of the

bonds; and

"(B) any recommendations of the Secretary regarding the

application of this section."

PILOT PROGRAM FOR INTERCITY RAIL INFRASTRUCTURE INVESTMENT FROM

MASS TRANSIT ACCOUNT OF HIGHWAY TRUST FUND

Pub. L. 105-178, title III, Sec. 3021, June 9, 1998, 112 Stat.

363; as amended by Pub. L. 105-206, title IX, Sec. 9009(m), July

22, 1998, 112 Stat. 857; Pub. L. 105-277, div. A, Sec. 101(g)

[title III, Sec. 354], Oct. 21, 1998, 112 Stat. 2681-439, 2681-476;

Pub. L. 106-69, title III, Sec. 323, Oct. 9, 1999, 113 Stat. 1020,

provided that:

"(a) In General. - The Secretary [of Transportation] shall

establish a pilot program to determine the benefits of using funds

from the Mass Transit Account of the Highway Trust Fund for

intercity passenger rail. The funds made available to the State of

Oklahoma and the State of Vermont to carry out sections 5307 and

5311 of title 49, United States Code during fiscal years 1998

through 2003 may be used for capital improvements to, and operating

assistance for, intercity passenger rail service.

"(b) Report. -

"(1) In general. - Not later than October 1, 2002, the

Secretary shall submit to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee

on Banking, Housing, and Urban Affairs of the Senate a report on

the pilot program established under this section.

"(2) Contents. - The report submitted under paragraph (1) shall

include -

"(A) an evaluation of the effect of the pilot program on

alternative forms of transportation within the State of

Oklahoma and the State of Vermont;

"(B) an evaluation of the effect of the program on operators

of mass transportation and their passengers;

"(C) a calculation of the amount of Federal assistance

provided under this section transferred for the provision of

intercity passenger rail service; and

"(D) an estimate of the benefits to intercity passenger rail

service, including the number of passengers served, the number

of route miles covered, and the number of localities served by

intercity passenger rail service."

CONTINUATION OF OPERATING ASSISTANCE TO CERTAIN LARGER URBANIZED

AREAS

Pub. L. 105-178, title III, Sec. 3027(c), June 9, 1998, 112 Stat.

366; as amended by Pub. L. 105-206, title IX, Sec. 9009(o)(1), July

22, 1998, 112 Stat. 858; Pub. L. 105-277, div. A, Sec. 101(g)

[title III, Sec. 360], Oct. 21, 1998, 112 Stat. 2681-439, 2681-477;

Pub. L. 106-31, title VI, Sec. 6004, May 21, 1999, 113 Stat. 113;

Pub. L. 106-346, Sec. 101(a) [title III, Sec. 341], Oct. 23, 2000,

114 Stat. 1356, 1356A-32, provided that:

"(1) Provision of assistance. - Notwithstanding any other

provision of law, during the period described in paragraph (2), the

Secretary [of Transportation] may continue to provide assistance

under section 5307 of title 49, United States Code, to finance the

operating costs of equipment and facilities for use in mass

transportation in any urbanized area (as that term is defined in

section 5302 of title 49, United States Code) with a population of

at least 200,000, if the Secretary determines that -

"(A) the number of the total bus revenue vehicle-miles operated

in or directly serving the area is less than 900,000; and

"(B) the number of buses operated in or directly serving the

area does not exceed 15.

"(2) Period described. - For purposes of paragraph (1), the

period described in this paragraph is the period beginning on the

date of enactment of this Act [June 9, 1998] and ending on the

earlier of -

"(A) 3 years after the date of enactment of this Act; and

"(B) the date on which the Secretary determines that -

"(i) the number of the total bus revenue vehicle-miles

operated in or directly serving the area is greater than or

equal to 900,000; and

"(ii) the number of buses operated in or directly serving the

area exceeds 15.

"(3) Services for elderly and persons with disabilities. - In

addition to assistance made available under paragraph (1), the

Secretary may provide assistance under section 5307 of title 49,

United States Code, to a transit provider that operates 20 or fewer

vehicles in an urbanized area with a population of at least 200,000

to finance the operating costs of equipment and facilities used by

the transit provider in providing mass transportation services to

elderly and persons with disabilities, provided that such

assistance to all entities shall not exceed $1,444,000 annually."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5302, 5308, 5315, 5319,

5323, 5326, 5327, 5330, 5331, 5333, 5334, 5335, 5336, 5338, 31138

of this title.

-End-

-CITE-

49 USC Sec. 5308 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5308. Clean fuels formula grant program

-STATUTE-

(a) Definitions. - In this section -

(1) the term "clean fuel vehicle" means a vehicle that -

(A) is powered by -

(i) compressed natural gas;

(ii) liquefied natural gas;

(iii) biodiesel fuels;

(iv) batteries;

(v) alcohol-based fuels;

(vi) hybrid electric;

(vii) fuel cell;

(viii) clean diesel, to the extent allowed under this

section; or

(ix) other low or zero emissions technology; and

(B) the Administrator of the Environmental Protection Agency

has certified sufficiently reduces harmful emissions;

(2) the term "designated recipient" has the same meaning as in

section 5307(a)(2); and

(3) the term "eligible project" -

(A) means a project for -

(i) purchasing or leasing clean fuel buses, including buses

that employ a lightweight composite primary structure;

(ii) constructing or leasing clean fuel buses or electrical

recharging facilities and related equipment;

(iii) improving existing mass transportation facilities to

accommodate clean fuel buses;

(iv) repowering pre-1993 engines with clean fuel technology

that meets the current urban bus emission standards; or

(v) retrofitting or rebuilding pre-1993 engines if before

half life to rebuild; and

(B) in the discretion of the Secretary, may include projects

relating to clean fuel, biodiesel, hybrid electric, or zero

emissions technology vehicles that exhibit equivalent or

superior emissions reductions to existing clean fuel or hybrid

electric technologies.

(b) Authority. - The Secretary shall make grants in accordance

with this section to designated recipients to finance eligible

projects.

(1) In general. - Not later than January 1 of each year, any

designated recipient seeking to apply for a grant under this

section for an eligible project shall submit an application to

the Secretary, in such form and in accordance with such

requirements as the Secretary shall establish by regulation.

(2) Certification required. - An application submitted under

paragraph (1) shall contain a certification by the applicant that

the grantee will operate vehicles purchased with a grant under

this section only with clean fuels.

(d) Apportionment of Funds. -

(1) Formula. - Not later than February 1 of each year, the

Secretary shall apportion amounts made available to carry out

this section to designated recipients submitting applications

under subsection (c), of which -

(A) two-thirds shall be apportioned to designated recipients

with eligible projects in urban areas with a population of at

least 1,000,000, of which -

(i) 50 percent shall be apportioned, such that each such

designated recipient receives a grant in an amount equal to

the ratio between -

(I) the number of vehicles in the bus fleet of the

eligible project of the designated recipient, weighted by

severity of nonattainment for the area in which the

eligible project is located, as provided in paragraph (2);

and

(II) the total number of vehicles in the bus fleets of

all eligible projects in areas with a population of at

least 1,000,000 funded under this section, weighted by

severity of nonattainment for all areas in which those

eligible projects are located, as provided in paragraph

(2); and

(ii) 50 percent shall be apportioned, such that each such

designated recipient receives a grant in an amount equal to

the ratio between -

(I) the number of bus passenger miles (as that term is

defined in section 5336(c)) of the eligible project of the

designated recipient, weighted by severity of nonattainment

of the area in which the eligible project is located, as

provided in paragraph (2); and

(II) the total number of bus passenger miles of all

eligible projects in areas with a population of at least

1,000,000 funded under this section, weighted by severity

of nonattainment of all areas in which those eligible

projects are located, as provided in paragraph (2); and

(B) one-third shall be apportioned to designated recipients

with eligible projects in urban areas with a population of less

than 1,000,000, of which -

(i) 50 percent shall be apportioned, such that each such

designated recipient receives a grant in an amount equal to

the ratio between -

(I) the number of vehicles in the bus fleet of the

eligible project of the designated recipient, weighted by

severity of nonattainment for the area in which the

eligible project is located, as provided in paragraph (2);

and

(II) the total number of vehicles in the bus fleets of

all eligible projects in areas with a population of less

than 1,000,000 funded under this section, weighted by

severity of nonattainment for all areas in which those

eligible projects are located, as provided in paragraph

(2); and

(ii) 50 percent shall be apportioned, such that each such

designated recipient receives a grant in an amount equal to

the ratio between -

(I) the number of bus passenger miles (as that term is

defined in section 5336(c)) of the eligible project of the

designated recipient, weighted by severity of nonattainment

of the area in which the eligible project is located, as

provided in paragraph (2); and

(II) the total number of bus passenger miles of all

eligible projects in areas with a population of less than

1,000,000 funded under this section, weighted by severity

of nonattainment of all areas in which those eligible

projects are located, as provided in paragraph (2).

(2) Weighting of severity of nonattainment. -

(A) In general. - For purposes of paragraph (1), subject to

subparagraph (B) of this paragraph, the number of clean fuel

vehicles in the fleet, or the number of passenger miles, shall

be multiplied by a factor of -

(i) 1.0 if, at the time of the apportionment, the area is a

maintenance area (as that term is defined in section 101 of

title 23) for ozone or carbon monoxide;

(ii) 1.1 if, at the time of the apportionment, the area is

classified as -

(I) a marginal ozone nonattainment area under subpart 2

of part D of title I of the Clean Air Act (42 U.S.C. 7511

et seq.); or

(II) a marginal carbon monoxide nonattainment area under

subpart 3 of part D of title I of the Clean Air Act (42

U.S.C. 7512 et seq.);

(iii) 1.2 if, at the time of the apportionment, the area is

classified as -

(I) a moderate ozone nonattainment area under subpart 2

of part D of title I of the Clean Air Act (42 U.S.C. 7511

et seq.); or

(II) a moderate carbon monoxide nonattainment area under

subpart 3 of part D of title I of the Clean Air Act (42

U.S.C. 7512 et seq.);

(iv) 1.3 if, at the time of the apportionment, the area is

classified as -

(I) a serious ozone nonattainment area under subpart 2 of

part D of title I of the Clean Air Act (42 U.S.C. 7511 et

seq.); or

(II) a serious carbon monoxide nonattainment area under

subpart 3 of part D of title I of the Clean Air Act (42

U.S.C. 7512 et seq.);

(v) 1.4 if, at the time of the apportionment, the area is

classified as -

(I) a severe ozone nonattainment area under subpart 2 of

part D of title I of the Clean Air Act (42 U.S.C. 7511 et

seq.); or

(II) a severe carbon monoxide nonattainment area under

subpart 3 of part D of title I of the Clean Air Act (42

U.S.C. 7512 et seq.); or

(vi) 1.5 if, at the time of the apportionment, the area is

classified as -

(I) an extreme ozone nonattainment area under subpart 2

of part D of title I of the Clean Air Act (42 U.S.C. 7511

et seq.); or

(II) an extreme carbon monoxide nonattainment area under

subpart 3 of part D of title I of the Clean Air Act (42

U.S.C. 7512 et seq.).

(B) Additional adjustment for carbon monoxide areas. - If, in

addition to being classified as a nonattainment or maintenance

area (as that term is defined in section 101 of title 23) for

ozone under subpart 2 of part D of title I of the Clean Air Act

(42 U.S.C. 7511 et seq.), the area was also classified under

subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et

seq.) as a nonattainment area for carbon monoxide, the weighted

nonattainment or maintenance area fleet and passenger miles for

the eligible project, as calculated under subparagraph (A),

shall be further multiplied by a factor of 1.2.

(3) Maximum grant amount. -

(A) In general. - The amount of a grant made to a designated

recipient under this section shall not exceed the lesser of -

(i) for an eligible project in an area -

(I) with a population of less than 1,000,000,

$15,000,000; and

(II) with a population of at least 1,000,000,

$25,000,000; or

(ii) 80 percent of the total cost of the eligible project.

(B) Reapportionment. - Any amounts that would otherwise be

apportioned to a designated recipient under this subsection

that exceed the amount described in subparagraph (A) shall be

reapportioned among other designated recipients in accordance

with paragraph (1).

(e) Additional Requirements. -

(1) Limitation on uses. - Not less than 5 percent of the amount

made available by or appropriated under section 5338 in each

fiscal year to carry out this section shall be available for any

eligible projects for which an application is received from a

designated recipient, for -

(A) the purchase or construction of hybrid electric or

battery-powered buses; or

(B) facilities specifically designed to service those buses.

(2) Clean diesel buses. - Not more than 35 percent of the

amount made available by or appropriated under section 5338 in

each fiscal year to carry out this section may be made available

to fund clean diesel buses.

(3) Bus retrofitting and replacement. - Not more than 5 percent

of the amount made available by or appropriated under section

5338 in each fiscal year to carry out this section may be made

available to fund retrofitting or replacement of the engines of

buses that do not meet the clean air standards of the

Environmental Protection Agency, as in effect on the date on

which the application for such retrofitting or replacement is

submitted under subsection (c)(1).

(f) Availability of Funds. - Any amount made available or

appropriated under this section -

(1) shall remain available to a project for 1 year after the

fiscal year for which the amount is made available or

appropriated; and

(2) that remains unobligated at the end of the period described

in paragraph (1), shall be added to the amount made available in

the following fiscal year.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 800; Pub. L.

105-178, title III, Sec. 3008(a), (c), June 9, 1998, 112 Stat. 348;

Pub. L. 105-206, title IX, Sec. 9009(f), July 22, 1998, 112 Stat.

855.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

5308(a) 49 App.:1607a-2(b) July 9, 1964, Pub. L.

(words before "and 88-365, 78 Stat. 302, Sec.

shall be subject 9B(a), (b); added Apr. 2,

to"). 1987, Pub. L. 100-17, Sec.

313, 101 Stat. 229.

5308(b)(1) 49 App.:1607a-2(a).

5308(b)(2) 49 App.:1607a-2(b)

(words after

"maintenance

items)").

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

In subsection (a), the words "The Secretary of Transportation may

make" are added for clarity and consistency in this chapter. The

words "the purpose of" are omitted as surplus.

In subsection (b)(1), the cross-reference to 49 App.:1617(b) and

restatement of 49 App.:1617 by section 3025 of the Intermodal

Surface Transportation Efficiency Act of 1991 (Public Law 102-240,

105 Stat. 2112), restated as section 5338 of the revised title.

In subsection (b)(2), the words "the limitations contained in"

and "applicable to such projects" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (d)(2), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended. Subpart 2 of part D of

title I of the Act is classified to subpart 2 (Sec. 7511 et seq.)

of part D of subchapter I of chapter 85 of Title 42, The Public

Health and Welfare. Subpart 3 of part D of title I of the Act is

classified to subpart 3 (Sec. 7512 et seq.) of part D of subchapter

I of chapter 85 of Title 42. For complete classification of this

Act to the Code, see Short Title note set out under section 7401 of

Title 42 and Tables.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-178, Sec. 3008(a), amended section catchline

and text generally. Prior to amendment, text read as follows:

"(a) General Authority. - The Secretary of Transportation may

make grants under this section to be used only for capital projects

(including capital maintenance items).

"(b) Application of Other Sections. - (1) Sections 5307(a)-(d),

(h)-(l), and (n) and 5336(a)-(c), (f), (g), and (j) of this title

apply to amounts made available under section 5338(a) of this title

to carry out this section.

"(2) Sections 5307(e) and 5336(d) of this title apply to grants

under this section."

Subsec. (e)(2). Pub. L. 105-178, Sec. 3008(c), as added by Pub.

L. 105-206, substituted "35 percent" for "$50,000,000".

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.

CLEAN FUEL VEHICLES

Pub. L. 105-178, title III, Sec. 3036, June 9, 1998, 112 Stat.

387, provided that:

"(a) Study. - The Comptroller General shall conduct a study of

the various low and zero emission fuel technologies for transit

vehicles, including compressed natural gas, liquefied natural gas,

biodiesel fuel, battery, alcohol based fuel, hybrid electric, fuel

cell, and clean diesel to determine -

"(1) the status of the development and use of such

technologies;

"(2) the environmental benefits of such technologies under the

Clean Air Act [42 U.S.C. 7401 et seq.]; and

"(3) the cost of such technologies and any associated

equipment.

"(b) Report. - Not later than January 1, 2000, the Comptroller

General shall transmit to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee on

Banking, Housing, and Urban Affairs of the Senate a report on the

results of the study, together with recommendations for incentives

to encourage the use of low and zero emission fuel technology for

transit vehicles."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5309, 5323, 5333, 5338 of

this title.

-End-

-CITE-

49 USC Sec. 5309 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5309. Capital investment grants and loans

-STATUTE-

(a) General Authority. - (1) The Secretary of Transportation may

make grants and loans under this section to assist State and local

governmental authorities in financing -

(A) capital projects for new fixed guideway systems, and

extensions to existing fixed guideway systems, including the

acquisition of real property, the initial acquisition of rolling

stock for the systems, alternatives analysis related to the

development of the systems, and the acquisition of rights of way,

and relocation, for fixed guideway corridor development for

projects in the advanced stages of alternatives analysis or

preliminary engineering;

(B) capital projects, including property and improvements

(except public highways other than fixed guideway facilities),

needed for an efficient and coordinated mass transportation

system;

other transportation;

(D) the introduction of new technology, through innovative and

improved products, into mass transportation;

(E) capital projects to modernize existing fixed guideway

systems;

(F) capital projects to replace, rehabilitate, and purchase

buses and related equipment and to construct bus-related

facilities;

(G) mass transportation projects planned, designed, and carried

out to meet the special needs of elderly individuals and

individuals with disabilities; and

(H) the development of corridors to support fixed guideway

systems, including protecting rights of way through acquisition,

construction of dedicated bus and high occupancy vehicle lanes

and park and ride lots, and other nonvehicular capital

improvements that the Secretary may decide would result in

increased mass transportation usage in the corridor.

(2) The Secretary of Transportation shall require that all grants

and loans under this subsection be subject to all terms,

conditions, requirements, and provisions the Secretary decides are

necessary or appropriate for the purposes of this section,

including requirements for the disposition of net increases in

value of real property resulting from the project assisted under

this section.

(b) Loans for Real Property Interests. - (1) The Secretary of

Transportation may make loans under this section to State and local

governmental authorities to acquire interests in real property for

use on urban mass transportation systems as rights of way, station

sites, and related purposes, including reconstruction, renovation,

the net cost of property management, and relocation payments made

under section 5324(a) of this title.

(2) The Secretary of Transportation may make a loan under

paragraph (1) of this subsection for an approved project only after

finding that the property reasonably is expected to be required for

a mass transportation system and that it will be used for that

system within a reasonable time.

(3) An applicant for a loan under this subsection shall provide a

copy of the application to the planning agency for the community

affected by the project at the same time the application is

submitted to the Secretary of Transportation. If the planning

agency submits comments to the Secretary not later than 30 days

after the application is submitted, or, if the agency requests more

time within those 30 days, within a period the Secretary

establishes, the Secretary shall consider those comments before

taking final action on the application.

(4) A loan agreement under this subsection shall provide that a

capital project on the property will be started not later than 10

years after the fiscal year in which the agreement is made. If an

interest in property acquired under this subsection is not used for

the purpose for which it was acquired, an appraisal of the current

value of the property or interest shall be made when a decision is

made about the use. The decision shall be made within the 10-year

period. Two-thirds of the increase in value shall be paid to the

Secretary of Transportation for deposit in the Treasury as

miscellaneous receipts.

(5) A loan under this subsection must be repaid not later than 10

years after the date of the loan agreement or on the date a grant

agreement for a capital project on the property is made, whichever

is earlier. Payments made to repay the loan shall be deposited in

the Treasury as miscellaneous receipts.

(d) Project as Part of Approved Program of Projects. - Except as

provided in subsections (b)(2) and (e) of this section, the

Secretary of Transportation may approve a grant or loan for a

project under this section only after finding that the project is

part of the approved program of projects required under sections

5303-5306 of this title and that an applicant -

(1) has or will have the legal, financial, and technical

capacity to carry out the project, satisfactory continuing

control over the use of equipment or facilities, and the

capability to maintain the equipment or facilities; and

(2) will maintain the equipment or facilities.

(e) Criteria for Grants and Loans for Fixed Guideway Systems. -

(1) In general. - The Secretary may approve a grant or loan

under this section for a capital project for a new fixed guideway

system or extension of an existing fixed guideway system only if

the Secretary determines that the proposed project is -

(A) based on the results of an alternatives analysis and

preliminary engineering;

(B) justified based on a comprehensive review of its mobility

improvements, environmental benefits, cost effectiveness, and

operating efficiencies; and

commitment, including evidence of stable and dependable

financing sources to construct, maintain, and operate the

system or extension.

(2) Alternatives analysis and preliminary engineering. - In

evaluating a project under paragraph (1)(A), the Secretary shall

analyze and consider the results of the alternatives analysis and

preliminary engineering for the project.

(3) Project justification. - In evaluating a project under

paragraph (1)(B), the Secretary shall -

(A) consider the direct and indirect costs of relevant

alternatives;

(B) consider factors such as congestion relief, improved

mobility, air pollution, noise pollution, energy consumption,

and all associated ancillary and mitigation costs necessary to

carry out each alternative analyzed, and recognize reductions

in local infrastructure costs achieved through compact land use

development;

existing land use policies and future patterns, and the cost of

suburban sprawl;

(D) consider the degree to which the project increases the

mobility of the mass transportation dependent population or

promotes economic development;

(E) consider population density and current transit ridership

in the corridor;

(F) consider the technical capability of the grant recipient

to construct the project;

(G) adjust the project justification to reflect differences

in local land, construction, and operating costs; and

(H) consider other factors that the Secretary determines

appropriate to carry out this chapter.

(4) Local financial commitment. -

(A) Evaluation of project. - In evaluating a project under

paragraph (1)(C), the Secretary shall require that -

(i) the proposed project plan provides for the availability

of contingency amounts that the Secretary determines to be

reasonable to cover unanticipated cost increases;

(ii) each proposed local source of capital and operating

financing is stable, reliable, and available within the

proposed project timetable; and

(iii) local resources are available to operate the overall

proposed mass transportation system (including essential

feeder bus and other services necessary to achieve the

projected ridership levels) without requiring a reduction in

existing mass transportation services to operate the proposed

project.

(B) Considerations. - In assessing the stability,

reliability, and availability of proposed sources of local

financing under subparagraph (A), the Secretary shall consider

(i) existing grant commitments;

(ii) the degree to which financing sources are dedicated to

the purposes proposed;

(iii) any debt obligation that exists or is proposed by the

recipient for the proposed project or other mass

transportation purpose; and

(iv) the extent to which the project has a local financial

commitment that exceeds the required non-Federal share of the

cost of the project.

(5) Regulations. - Not later than 120 days after the date of

enactment of the Federal Transit Act of 1998, the Secretary shall

issue regulations on the manner in which the Secretary will

evaluate and rate the projects based on the results of

alternatives analysis, project justification, and the degree of

local financial commitment, as required under this subsection.

(6) Project evaluation and rating. - A proposed project may

advance from alternatives analysis to preliminary engineering,

and may advance from preliminary engineering to final design and

construction, only if the Secretary finds that the project meets

the requirements of this section and there is a reasonable

likelihood that the project will continue to meet such

requirements. In making such findings, the Secretary shall

evaluate and rate the project as "highly recommended",

"recommended", or "not recommended", based on the results of

alternatives analysis, the project justification criteria, and

the degree of local financial commitment, as required under this

subsection. In rating the projects, the Secretary shall provide,

in addition to the overall project rating, individual ratings for

each of the criteria established under the regulations issued

under paragraph (5).

(7) Full funding grant agreement. - A project financed under

this subsection shall be carried out through a full funding grant

agreement. The Secretary shall enter into a full funding grant

agreement based on the evaluations and ratings required under

this subsection. The Secretary shall not enter into a full

funding grant agreement for a project unless that project is

authorized for final design and construction.

(8) Limitations on applicability. -

(A) Projects with a section 5309 federal share of less than

$25,000,000. - A project for a new fixed guideway system or

extension of an existing fixed guideway system is not subject

to the requirements of this subsection, and the simultaneous

evaluation of similar projects in at least 2 corridors in a

metropolitan area may not be limited, if the assistance

provided under this section with respect to the project is less

than $25,000,000.

(B) Projects in nonattainment areas. - The simultaneous

evaluation of projects in at least 2 corridors in a

metropolitan area may not be limited and the Secretary shall

make decisions under this subsection with expedited procedures

that will promote carrying out an approved State Implementation

Plan in a timely way if a project is -

(i) located in a nonattainment area;

(ii) a transportation control measure (as defined by the

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

(iii) required to carry out the State Implementation Plan.

does not apply to a part of a project financed completely with

amounts made available from the Highway Trust Fund (other than

the Mass Transit Account).

(D) Previously issued letter of intent or full funding grant

agreement. - This subsection does not apply to projects for

which the Secretary has issued a letter of intent or entered

into a full funding grant agreement before the date of

enactment of the Federal Transit Act of 1998.

(f) [Reserved.]

(g) Letters of Intent, Full Funding Grant Agreements, and Early

Systems Work Agreements. - (1)(A) The Secretary of Transportation

may issue a letter of intent to an applicant announcing an

intention to obligate, for a project under this section, an amount

from future available budget authority specified in law that is not

more than the amount stipulated as the financial participation of

the Secretary in the project. The amount shall be sufficient to

complete at least an operable segment when a letter is issued for a

fixed guideway project.

(B) At least 60 days before issuing a letter under subparagraph

(A) of this paragraph or entering into a full funding grant

agreement, the Secretary of Transportation shall notify in writing

the Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Banking, Housing, and Urban

Affairs of the Senate and the House and Senate Committees on

Appropriations of the proposed letter or agreement. The Secretary

shall include with the notification a copy of the proposed letter

or agreement as well as the evaluations and ratings for the

project.

under sections 1108(c) and (d), 1501, and 1502(a) of title 31 or an

administrative commitment.

(D) An obligation or administrative commitment may be made only

when amounts are appropriated.

(2)(A) The Secretary of Transportation may make a full funding

grant agreement with an applicant. The agreement shall -

(i) establish the terms of participation by the United States

Government in a project under this section;

(ii) establish the maximum amount of Government financial

assistance for the project;

(iii) cover the period of time for completing the project,

including a period extending beyond the period of an

authorization; and

(iv) make timely and efficient management of the project easier

according to the law of the United States.

(B) An agreement under this paragraph obligates an amount of

available budget authority specified in law and may include a

commitment, contingent on amounts to be specified in law in advance

for commitments under this paragraph, to obligate an additional

amount from future available budget authority specified in law. The

agreement shall state that the contingent commitment is not an

obligation of the Government. Interest and other financing costs of

efficiently carrying out a part of the project within a reasonable

time are a cost of carrying out the project under a full funding

grant agreement, except that eligible costs may not be more than

the cost of the most favorable financing terms reasonably available

for the project at the time of borrowing. The applicant shall

certify, in a way satisfactory to the Secretary of Transportation,

that the applicant has shown reasonable diligence in seeking the

most favorable financing terms. The amount stipulated in an

agreement under this paragraph for a fixed guideway project shall

be sufficient to complete at least an operable segment.

(3)(A) The Secretary of Transportation may make an early systems

work agreement with an applicant if a record of decision under the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

has been issued on the project and the Secretary finds there is

reason to believe -

(i) a full funding grant agreement for the project will be

made; and

(ii) the terms of the work agreement will promote ultimate

completion of the project more rapidly and at less cost.

(B) A work agreement under this paragraph obligates an amount of

available budget authority specified in law and shall provide for

reimbursement of preliminary costs of carrying out the project,

including land acquisition, timely procurement of system elements

for which specifications are decided, and other activities the

Secretary of Transportation decides are appropriate to make

efficient, long-term project management easier. A work agreement

shall cover the period of time the Secretary considers appropriate.

The period may extend beyond the period of current authorization.

Interest and other financing costs of efficiently carrying out the

work agreement within a reasonable time are a cost of carrying out

the agreement, except that eligible costs may not be more than the

cost of the most favorable financing terms reasonably available for

the project at the time of borrowing. The applicant shall certify,

in a way satisfactory to the Secretary, that the applicant has

shown reasonable diligence in seeking the most favorable financing

terms. If an applicant does not carry out the project for reasons

within the control of the applicant, the applicant shall repay all

Government payments made under the work agreement plus reasonable

interest and penalty charges the Secretary establishes in the

agreement.

(4)(A) The total estimated amount of future obligations of the

Government and contingent commitments to incur obligations covered

by all outstanding letters of intent, full funding grant

agreements, and early systems work agreements may be not more than

the greater of the amount authorized under section 5338(b) of this

title for new fixed guideway systems and extensions to existing

fixed guideway systems and the amount appropriated under section

5338(h)(5) or an amount equivalent to the last 2 fiscal years of

funding authorized under section 5338(b) for new fixed guideway

systems and extensions to existing fixed guideway systems, less an

amount the Secretary of Transportation reasonably estimates is

necessary for grants under this section not covered by a letter.

The total amount covered by new letters and contingent commitments

included in full funding grant agreements and early systems work

agreements may be not more than a limitation specified in law.

(B) For fiscal year 2001 and thereafter, the amount equivalent to

the last 2 fiscal years of funding authorized under section 5338(b)

for new fixed guideway systems and extensions to existing fixed

guideway systems referred to in subparagraph (A) shall be the

amount equivalent to the last 3 fiscal years of such authorized

funding.

obligations of the Government and contingent commitments to incur

obligations covered by all outstanding letters of intent, full

funding grant agreements, and early systems work agreements as a

result of application of subparagraph (B) instead of subparagraph

(A) shall be available as follows:

(1) $269,100,000 for the Chicago, Illinois Metra commuter rail

project, that consists of the following elements: the Kane County

extension; the North Central double-tracking project; and the

Southwest corridor extension.

(2) $565,600,000 for the Chicago Transit Authority project that

consists of the following elements: Ravenswood Branch station and

line improvements and the Douglas Branch reconstruction project.

(3) For new fixed guideways and extensions to existing fixed

guideway systems other than for projects referred to in

paragraphs (1) and (2); except that for fiscal year 2001, such

increase under this paragraph shall not be available for

allocation by the department or for making future obligations of

the Government and contingent commitments until April 1, 2001.

(D) Of the amount that would be available under subparagraph (A)

if subparagraph (B) were not in effect and would have otherwise

been allocated by the Federal Transit Administration to those

projects referred to in subparagraphs (C)(1) and (C)(2) shall be

available as follows:

(1) $60,000,000 for the Minneapolis Hiawatha corridor light

rail project, which shall be in addition to amounts otherwise

allocated under subparagraph (A), for a total of $334,300,000.

(2) $217,800,000 for the Dulles corridor bus rapid transit

project, that consists of a rail extension from the West Falls

Church metrorail station to Tysons Corner, Virginia and bus rapid

transit from Tysons Corner to the Dulles International Airport.

(E) Any amount that would be available under subparagraph (A) if

subparagraph (B) were not in effect and would have otherwise been

allocated by the Federal Transit Administration to those projects

referred to in subparagraphs (C)(1) and (C)(2), shall not be

available for allocation by the department or for making future

obligations of the Government and contingent commitments until

April 1, 2001, except for those projects referred to in

subparagraph (D)(1) and (D)(2).

(F) Future obligations of the Government and contingent

commitments made against the contingent commitment authority under

section 3032(g)(2) of the Intermodal Surface Transportation

Efficiency Act of 1991 for the San Francisco BART to the Airport

project for fiscal years 2002, 2003, 2004, 2005 and 2006 shall be

charged against section 3032(g)(2) of the Intermodal Surface

Transportation Efficiency Act of 1991.

(G) Any amount that would be available under subparagraph (A) if

subparagraph (F) were not in effect and would otherwise have been

allocated by the Federal Transit Administration to the project in

subparagraph (F) shall not be available for allocation by the

department or for making future obligations of the Government and

contingent commitments until April 1, 2001.

(h) Government's Share of Net Project Cost. - Based on

engineering studies, studies of economic feasibility, and

information on the expected use of equipment or facilities, the

Secretary of Transportation shall estimate the net project cost. A

grant for the project is for 80 percent of the net project cost,

unless the grant recipient requests a lower grant percentage. The

remainder shall be provided in cash from a source other than

amounts of the Government. Transit system amounts that make up the

remainder must be from an undistributed cash surplus, a replacement

or depreciation cash fund or reserve, or new capital. The remainder

for a planned extension to a fixed guideway system may include the

cost of rolling stock previously purchased if the applicant

satisfies the Secretary that only amounts other than amounts of the

Government were used and that the purchase was made for use on the

extension. A refund or reduction of the remainder may be made only

if a refund of a proportional amount of the grant of the Government

is made at the same time.

(i) Loan Term Requirements. - Except for a loan under subsection

(b) of this section, a loan, including a renewal or extension of

the loan, may be made, and a security or obligation may be bought,

only if it has a maturity date of not more than 40 years. Interest

on a loan may not be less than -

(1) a rate the Secretary of the Treasury establishes,

considering the current average yield on outstanding marketable

obligations of the Government that have remaining periods of

maturity comparable to the average maturity of the loan, adjusted

to the nearest .125 percent; plus

(2) an allowance the Secretary of Transportation considers

adequate to cover administrative costs and probable losses.

(j) Loan Payment Forgiveness. - A grant agreement for a capital

project may forgive repaying the loan and interest in place of a

cash grant for the amount forgiven. The amount is part of the grant

and part of the contribution of the Government to the cost of the

project.

(k) Limitation on Making Loans and Grants for Projects. - The

Secretary of Transportation may not make a loan under this section

for a project for which a grant (except a relocation payment grant)

is made under this section. However, the Secretary may make a

project grant even though real property for the project has been or

will be acquired through a loan under subsection (b) of this

section.

(l) Fiscal Capacity Considerations. - If the Secretary of

Transportation gives priority consideration to financing projects

that include more than the non-Government share required under

subsection (h) of this section, the Secretary shall give equal

consideration to differences in the fiscal capacity of State and

local governments.

(m) Allocating Amounts. -

(1) In general. - Of the amounts made available by or

appropriated under section 5338(b) for grants and loans under

this section for each of fiscal years 1998 through 2003 -

(A) 40 percent shall be available for fixed guideway

modernization;

(B) 40 percent shall be available for capital projects for

new fixed guideway systems and extensions to existing fixed

guideway systems; and

and purchase buses and related equipment and to construct

bus-related facilities.

(2) New fixed guideway grants. -

(A) Limitation on amounts available for activities other than

final design and construction. - Not more than 8 percent of the

amounts made available in each fiscal year by paragraph (1)(B)

shall be available for activities other than final design and

construction.

(B) Funding for ferry boat systems. -

(i) Amounts under (1)(b). - Of the amounts made available

under paragraph (1)(B), $10,400,000 shall be available in

each of fiscal years 1999 through 2003 for capital projects

in Alaska or Hawaii, for new fixed guideway systems and

extensions to existing fixed guideway systems that are ferry

boats or ferry terminal facilities, or that are approaches to

ferry terminal facilities.

(ii) Amounts under 5338(h)(5). - Of the amounts

appropriated under section 5338(h)(5), $3,600,000 shall be

available in each of fiscal years 1999 through 2003 for

capital projects in Alaska or Hawaii, for new fixed guideway

systems and extensions to existing fixed guideway systems

that are ferry boats or ferry terminal facilities, or that

are approaches to ferry terminal facilities.

(3) Bus and bus facility grants. -

(A) Consideration. - In making grants under paragraph (1)(C),

the Secretary shall consider the age of buses, bus fleets,

related equipment, and bus-related facilities.

(B) Funding for bus testing facility. - Of the amounts made

available under paragraph (1)(C), $3,000,000 shall be available

in each of fiscal years 1998 through 2003 to carry out section

5318.

under paragraph (1)(C), $50,000,000 shall be available in each

of fiscal years 1999 through 2003 to carry out section 5308.

(D) Other than urbanized areas. - Of amounts made available

by paragraph (1)(C), not less than 5.5 percent shall be

available in each fiscal year for other than urbanized areas.

(4) Eligibility for assistance for multiple projects. - A

person applying for or receiving assistance for a project

described in subparagraph (A), (B), or (C) of paragraph (1) may

receive assistance for a project described in any other of such

subparagraphs.

(n) Undertaking Projects in Advance. - (1) The Secretary of

Transportation may pay the Government's share of the net project

cost to a State or local governmental authority that carries out

any part of a project described in this section or a substitute

transit project described in section 103(e)(4) (!1) of title 23

without the aid of amounts of the Government and according to all

applicable procedures and requirements if -

(A) the State or local governmental authority applies for the

payment;

(B) the Secretary approves the payment; and

approves the plans and specifications for the part in the same

way as other projects under this section or section 103(e)(4)

(!1) of title 23.

(2) The cost of carrying out part of a project includes the

amount of interest earned and payable on bonds issued by the State

or local governmental authority to the extent proceeds of the bonds

are expended in carrying out the part. However, the amount of

interest under this paragraph may not be more than the most

favorable interest terms reasonably available for the project at

the time of borrowing. The applicant shall certify, in a manner

satisfactory to the Secretary of Transportation, that the applicant

has shown reasonable diligence in seeking the most favorable

financial terms.

(3) The Secretary of Transportation shall consider changes in

capital project cost indices when determining the estimated cost

under paragraph (2) of this subsection.

(o) (!2) Use of Deobligated Amounts. - An amount available under

this section that is deobligated may be used for any purpose under

this section.

(o) (!2) Reports. -

(1) Funding levels and allocations of funds for fixed guideway

systems. -

(A) Annual report. - Not later than the first Monday in

February of each year, the Secretary shall submit to the

Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Banking, Housing, and

Urban Affairs of the Senate a report that includes a proposal

on the allocation of amounts to be made available to finance

grants and loans for capital projects for new fixed guideway

systems and extensions to existing fixed guideway systems among

applicants for those amounts.

(B) Recommendations on funding. - The annual report under

this paragraph shall include evaluations and ratings, as

required under subsection (e), for each project that is

authorized or has received funds under this section since the

date of enactment of the Federal Transit Act of 1998 or October

1 of the preceding fiscal year, whichever date is earlier. The

report shall also include recommendations of projects for

funding based on the evaluations and ratings and on existing

commitments and anticipated funding levels for the next 3

fiscal years and for the next 10 fiscal years based on

information currently available to the Secretary.

(2) Supplemental report on new starts. - The Secretary shall

submit a report to Congress on the 31st day of August of each

year that describes the Secretary's evaluation and rating of each

project that has completed alternatives analysis or preliminary

engineering since the date of the last report. The report shall

include all relevant information that supports the evaluation and

rating of each project, including a summary of each project's

financial plan.

(3) Annual gao review. - The General Accounting Office shall -

(A) conduct an annual review of -

(i) the processes and procedures for evaluating and rating

projects and recommending projects; and

(ii) the Secretary's implementation of such processes and

procedures; and

(B) shall report to Congress on the results of such review by

April 30 of each year.

(p) Project Defined. - In this section, the term "project" means,

with respect to a new fixed guideway system or extension to an

existing fixed guideway system, a minimum operable segment of the

project.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 800; Pub. L.

104-287, Sec. 5(9), (12), Oct. 11, 1996, 110 Stat. 3389; Pub. L.

102-240, title III, Sec. 3049(a), as added Pub. L. 105-130, Sec. 8,

Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105-178, title III, Sec.

3009(a), (c)-(h)(1), (3)(D), (i)-(k), June 9, 1998, 112 Stat.

352-357; Pub. L. 105-206, title IX, Sec. 9009(g), (h)(3), July 22,

1998, 112 Stat. 855, 856; Pub. L. 106-69, title III, Sec. 347, Oct.

9, 1999, 113 Stat. 1024; Pub. L. 106-346, Sec. 101(a) [title III,

Sec. 380], Oct. 23, 2000, 114 Stat. 1356, 1356A-42; Pub. L.

106-554, Sec. 1(a)(4) [div. A, Sec. 1101], Dec. 21, 2000, 114 Stat.

2763, 2763A-201.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

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

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

Section

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

5309(a) 49 July 9, 1964, Pub. L.

(1)-(5) App.:1602(a)(1)(A). 88-365, Sec. 3(a)(1)(A), 78

Stat. 303; May 25, 1967,

Pub. L. 90-19, Sec. 20(a),

81 Stat. 25; Oct. 15, 1970,

Pub. L. 91-453, Sec. 2(2),

84 Stat. 962; Nov. 26,

1974, Pub. L. 93-503, Secs.

102, 104, 106, 88 Stat.

1566, 1571, 1572; Nov. 6,

1978, Pub. L. 95-599, Sec.

302(a), 92 Stat. 2735; Jan.

6, 1983, Pub. L. 97-424,

Sec. 313, 96 Stat. 2152.

49 July 9, 1964, Pub. L.

App.:1602(a)(1)(B), 88-365, Sec.

(C), (D) (1st, 3d 3(a)(1)(B)-(D), (2)(B),

sentences). (3), 78 Stat. 303; May 25,

1967, Pub. L. 90-19, Sec.

20(a), 81 Stat. 25; Oct.

15, 1970, Pub. L. 91-453,

Sec. 2(2), 84 Stat. 962;

Nov. 26, 1974, Pub. L.

93-503, Secs. 102, 104,

106, 88 Stat. 1566, 1571,

1572; restated Nov. 6,

1978, Pub. L. 95-599, Sec.

302(a), 92 Stat. 2735, 2736.

5309(a)(6) 49 July 9, 1964, Pub. L.

App.:1602(a)(1)(E). 88-365, Sec. 3(a)(1)(E), 78

Stat. 303; May 25, 1967,

Pub. L. 90-19, Sec. 20(a),

81 Stat. 25; Oct. 15, 1970,

Pub. L. 91-453, Sec. 2(2),

84 Stat. 962; Nov. 26,

1974, Pub. L. 93-503, Secs.

102, 104, 106, 88 Stat.

1566, 1571, 1572; Nov. 6,

1978, Pub. L. 95-599, Sec.

302(a), 92 Stat. 2736;

restated Dec. 18, 1991,

Pub. L. 102-240, Sec.

3006(a), 105 Stat. 2089.

5309(a)(7) 49 July 9, 1964, Pub. L.

App.:1602(a)(1)(F). 88-365, 78 Stat. 302, Sec.

3(a)(1)(F); added Dec. 18,

1991, Pub. L. 102-240, Sec.

3006(b), 105 Stat. 2089.

5309(b)(1) 49 App.:1602(b) July 9, 1964, Pub. L.

(1st sentence). 88-365, Sec. 3(b), 78 Stat.

303; May 25, 1967, Pub. L.

90-19, Sec. 20(a), 81 Stat.

25; restated Oct. 15, 1970,

Pub. L. 91-453, Sec. 2(2),

84 Stat. 963; Nov. 6, 1978,

Pub. L. 95-599, Sec.

302(b), 92 Stat. 2737.

5309(b)(2) 49

App.:1602(a)(2)(B).

5309(b)(3) 49 App.:1602(b)

(8th, last

sentences).

5309(b)(4), 49 App.:1602(b)

(5) (2d-6th sentences).

5309(c) 49 App.:1602(a)(5). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

3(a)(5); added Jan. 6,

1983, Pub. L. 97-424, Sec.

304(b), 96 Stat. 2149.

5309(d) 49 July 9, 1964, Pub. L.

App.:1602(a)(2)(A). 88-365, Sec. 3(a)(2)(A), 78

Stat. 303; May 25, 1967,

Pub. L. 90-19, Sec. 20(a),

81 Stat. 25; Oct. 15, 1970,

Pub. L. 91-453, Sec. 2(2),

84 Stat. 962; Nov. 26,

1974, Pub. L. 93-503, Secs.

102, 104, 106, 88 Stat.

1566, 1571, 1572; Nov. 6,

1978, Pub. L. 95-599, Sec.

302(a), 92 Stat. 2736; Jan.

6, 1983, Pub. L. 97-424,

Sec. 304(a), 96 Stat. 2149;

restated Apr. 2, 1987, Pub.

L. 100-17, Sec. 309(e), 101

Stat. 227.

49 App.:1602(a)(3).

5309(e)(1) 49 App.:1602 (note). Apr. 2, 1987, Pub. L.

100-17, Sec. 303(b), 101

Stat. 223.

5309(e) 49 App.:1602(i). July 9, 1964, Pub. L.

(2)-(7) 88-365, 78 Stat. 302, Sec.

3(i); added Apr. 2, 1987,

Pub. L. 100-17, Sec.

303(a), 101 Stat. 223;

restated Dec. 18, 1991,

Pub. L. 102-240, Sec. 3010,

105 Stat. 2093.

5309(f)(1) 49

App.:1602(a)(1)(D)

(last sentence).

5309(f)(2) 49

App.:1602(a)(1)(D)

(2d sentence).

5309(g) 49 App.:1602(a)(4). July 9, 1964, Pub. L.

88-365, Sec. 3(a)(4), 78

Stat. 303; May 25, 1967,

Pub. L. 90-19, Sec. 20(a),

81 Stat. 25; Oct. 15, 1970,

Pub. L. 91-453, Sec. 2(2),

84 Stat. 962; Nov. 26,

1974, Pub. L. 93-503, Secs.

102, 104, 106, 88 Stat.

1566, 1571, 1572; restated

Nov. 6, 1978, Pub. L.

95-599, Sec. 302(a), 92

Stat. 2736; Jan. 6, 1983,

Pub. L. 97-424, Sec. 305,

96 Stat. 2150; Apr. 2,

1987, Pub. L. 100-17, Sec.

302, 101 Stat. 223; Dec.

18, 1991, Pub. L. 102-240,

Sec. 3007, 105 Stat. 2090.

5309(h) 49 App.:1603(a). July 9, 1964, Pub. L.

88-365, Sec. 4(a), 78 Stat.

304; May 25, 1967, Pub. L.

90-19, Sec. 20(a), 81 Stat.

25; Aug. 1, 1968, Pub. L.

90-448, Sec. 704(a), 82

Stat. 535; Oct. 15, 1970,

Pub. L. 91-453, Sec. 3(a),

84 Stat. 965; Aug. 13,

1973, Pub. L. 93-87, Sec.

301(a), 87 Stat. 295; Nov.

26, 1974, Pub. L. 93-503,

Sec. 103(b), 88 Stat. 1571;

Nov. 6, 1978, Pub. L.

95-599, Sec. 303(b), 92

Stat. 2737; Jan. 6, 1983,

Pub. L. 97-424, Sec.

302(b), 96 Stat. 2141; Dec.

18, 1991, Pub. L. 102-240,

Sec. 3006(f), (g), 105

Stat. 2089.

5309(i) 49 App.:1602(c) July 9, 1964, Pub. L.

(2d, last 88-365, Sec. 3(c), 78 Stat.

sentences). 303; May 25, 1967, Pub. L.

90-19, Sec. 20(a), 81 Stat.

25; restated Oct. 15, 1970,

Pub. L. 91-453, Sec. 2(2),

84 Stat. 964.

5309(j) 49 App.:1602(b)

(7th sentence).

5309(k) 49 App.:1602(c)

(1st sentence).

5309(l) 49 App.:1603(d). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

4(d); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

3006(h)(2), 105 Stat. 2090.

5309(m)(1) 49 App.:1602(k)(1). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

3(k)(1); added Apr. 2,

1987, Pub. L. 100-17, Sec.

305, 101 Stat. 224;

restated Dec. 18, 1991,

Pub. L. 102-240, Sec.

3006(d)(1), 105 Stat. 2089.

5309(m)(2) 49 App.:1602(k)(3). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

3(k)(3); added Dec. 18,

1991, Pub. L. 102-240, Sec.

3006(d)(2), 105 Stat. 2089.

5309(m)(3) 49 App.:1602(j). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

3(j); added Apr. 2, 1987,

Pub. L. 100-17, Sec. 304,

101 Stat. 223.

5309(m)(4) 49 App.:1602(k)(2). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

3(k)(2); added Apr. 2,

1987, Pub. L. 100-17, Sec.

305, 101 Stat. 224.

5309(n) 49 App.:1602(l). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

3(l); added Apr. 2, 1987,

Pub. L. 100-17, Sec.

306(a), 101 Stat. 224; Dec.

18, 1991, Pub. L. 102-240,

Sec. 3006(e), 105 Stat.

2089.

5309(o) 49 App.:1602(n). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

3(n); added Oct. 6, 1992,

Pub. L. 102-388, Sec.

502(d), 106 Stat. 1566.

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

In subsection (a), before clause (1), the words "in accordance

with the provisions of this chapter" are omitted as surplus. The

words "and on such terms and conditions as the Secretary may

prescribe" and 49 App.:1602(a)(1)(D) (3d sentence) are omitted as

unnecessary because of section 5334(a) of the revised title and

49:322(a). The words "(directly, through the purchase of securities

or equipment trust certificates, or otherwise)" and "and agencies

thereof" are omitted as surplus. In clause (1), the word "detailed"

is omitted as surplus. In clause (2), the words "capital projects"

are substituted for "the acquisition, construction, reconstruction,

and improvement of facilities and equipment for use, by operation

or lease or otherwise, in mass transportation service" for clarity

and consistency in this section. The words "Eligible facilities and

equipment may include personal property such as buses and other

rolling stock, and rail and bus facilities, and real" are omitted

as surplus. The text of 49 App.:1602(a)(1)(B) (last sentence) is

omitted as obsolete because former 49 App.:1604(a)(4) is executed

and is not included in this restatement. In clause (3), the words

"the capital costs of" are added for clarity and consistency in

this section. The words "highway and" are omitted as surplus.

In subsection (b)(1), the word "finance" is omitted as surplus.

In subsection (b)(2), the words "for real property acquisition"

are omitted as surplus. The words "for an approved project" are

added for clarity and consistency. The words "which shall be in

lieu of the determination required by subparagraph (A)", "real",

and "connection with" are omitted as surplus.

In subsection (b)(3), the word "comprehensive" is omitted as

surplus. The words "by the project" are added for clarity. The

words "a period of" and "longer" are omitted as surplus.

In subsection (b)(4), the words "a period not exceeding" and

"Each agreement shall provide that" are omitted as surplus. The

words "shall be made within the 10-year period" are substituted for

"shall not be later than 10 years following the fiscal year in

which the agreement is made" to eliminate unnecessary words. The

words "if any, over the original cost of the real property" are

omitted as surplus. The words "deposit in" are substituted for

"credit to" for consistency in the revised title and with other

titles of the United States Code.

In subsection (b)(5), the word "actual" is omitted as surplus.

The words "deposited in" are substituted for "credited to" for

consistency in the revised title and with other titles of the Code.

In subsection (c), before clause (1), the words "grant or loan"

are substituted for "assistance" for consistency in the revised

section. In clause (1), the words "rail carrier" are substituted

for "railroad" for consistency in the revised title and with other

titles of the Code.

In subsection (d), before clause (1), the words "Except as

provided in subsections (b)(2) and (e) of this section" are added

for clarity. In clause (1), the words "through operation or lease

or otherwise" are omitted as surplus.

In subsection (e)(2), before clause (A), the word "existing" is

added for clarity and consistency.

In subsection (e)(6)(C), the words "Part A of title I of the

Intermodal Surface Transportation Efficiency Act of 1991 (Public

Law 102-240, 105 Stat. 1915)" are substituted for "the Federal-Aid

Highway Act of 1991" because the Federal-Aid Highway Act of 1991

was title I of H.R. 1531, that was not enacted into law but

contained predecessor provisions to Part A of title I of H.R. 2950,

enacted into law as the Intermodal Surface Transportation

Efficiency Act of 1991.

In subsection (f)(1), the words "or entity" are omitted as

surplus.

In subsection (f)(2), before clause (A), the words "for a project

under subsection (a)(5) of this section" are added for clarity. In

clause (B), the words "whether publicly or privately owned" are

omitted as surplus.

In subsection (g)(1)(A), the words "The letter shall be regarded

as an intention to obligate" are omitted as surplus.

In subsection (g)(1)(D), the words "pursuant to such a letter of

intent" are omitted as surplus.

In subsection (g)(2)(A)(i), the words "and conditions" are

omitted as being included in "terms".

In subsection (g)(4), the word "issued" is omitted as surplus.

The text of 49 App.:1602(a)(4)(E) (3d sentence) is omitted as

executed. The text of 49 App.:1602(a)(4)(E) (4th and last

sentences) is omitted as obsolete.

In subsection (h), the words "nature and extent of" are omitted

as surplus. The words "net project cost" are substituted for "what

portion of the cost of a project to be assisted under section 1602

of this Appendix cannot be reasonably financed from revenues -

which portion shall hereinafter be called 'net project cost' "

because of the definition of "net project cost" in section 5302(a)

of the revised title. The words "Except as provided in paragraph

(2) of this subsection" are added for clarity. The words "Such

remainder may be provided in whole or in part from other than

public sources and any public or private", "solely", and "at any

time" are omitted as surplus. The words "shall be deemed" are

omitted as unnecessary since the text is a statement of a legal

conclusion.

In subsection (i), before clause (1), the words "Except for a

loan under subsection (b) of this section" are added for clarity.

The words "made under this section" and "at a rate" are omitted as

surplus. In clause (1), the word "market" is omitted as surplus. In

clause (2), the words "under the program" are omitted as surplus.

In subsection (j), the words "loan and interest" are substituted

for "principal and accrued interest on the loan then outstanding"

to eliminate unnecessary words.

In subsection (m)(1)(B) and (3), the word "existing" is added for

clarity and consistency.

In subsection (m)(1), before clause (A), the words "Subject to

paragraph (3)" are omitted as surplus. The reference to fiscal year

1992 is omitted as obsolete.

In subsection (m)(3), before clause (A), the words "Not later

than 30 days after April 2, 1987" are omitted as executed. The

words "prepare and" are omitted as surplus. The text of 49

App.:1602(j)(1) is omitted as obsolete because 49 App.:1602(k)(1)

was restated by section 3006(d)(1) of the Intermodal Surface

Transportation Efficiency Act of 1991 (Public Law 102-240, 105

Stat. 2089) and clause (D) was not carried forward.

In subsection (m)(4), the text of 49 App.:1602(k)(2)(B) is

omitted as expired.

In subsection (n)(2), the words "Subject to the provisions of

this paragraph", "the Federal share of which the Secretary is

authorized to pay under this subsection", and "actually" are

omitted as surplus.

PUB. L. 104-287, SEC. 5(12)(A)

This amends 49:5309(a) to clarify the restatement of 49

App.:1602(a)(1) by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 800).

PUB. L. 104-287, SEC. 5(12)(B)

This amends 49:5309(e)(4)(B) to correct an erroneous

cross-reference.

PUB. L. 104-287, SEC. 5(12)(C)

This amends 49:5309(m)(1)(A) to make a conforming amendment.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Federal Transit Act of 1998,

referred to in subsecs. (e)(5), (8)(D) and (o)(1)(B), is the date

of enactment of title III of Pub. L. 105-178, which was approved

June 9, 1998.

The Clean Air Act, referred to in subsec. (e)(8)(B)(ii), 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.

The National Environmental Policy Act of 1969, referred to in

subsec. (g)(3)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,

as amended, which is classified generally to chapter 55 (Sec. 4321

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 4321 of Title 42 and Tables.

Section 3032(g)(2) of the Intermodal Surface Transportation

Efficiency Act of 1991, referred to in subsec. (g)(4)(F), is

section 3032(g)(2) of Pub. L. 102-240, title III, Dec. 18, 1991,

105 Stat. 2125, which is not classified to the Code.

Section 103 of title 23, referred to in subsec. (n)(1), was

amended generally by Pub. L. 105-178, title I, Sec. 1106(b), June

9, 1998, 112 Stat. 131, and, as so amended, no longer contains a

subsec. (e)(4).

-MISC2-

AMENDMENTS

2000 - Subsec. (g)(4). Pub. L. 106-346 designated existing

provisions as subpar. (A) and added subpars. (B) to (G).

Subsec. (g)(4)(D)(2). Pub. L. 106-554 struck out "light" before

"rail extension".

1999 - Subsec. (g)(1)(B). Pub. L. 106-69 inserted "and the House

and Senate Committees on Appropriations" after "Committee on

Banking, Housing, and Urban Affairs of the Senate".

1998 - Pub. L. 105-178, Sec. 3009(a), substituted "Capital

investment" for "Discretionary" in section catchline.

Subsec. (a)(1)(E) to (H). Pub. L. 105-178, Sec. 3009(c), added

subpars. (E) and (F), redesignated former subpars. (F) and (G) as

(G) and (H), respectively, and struck out former subpar. (E) which

read as follows: "transportation projects that enhance urban

economic development or incorporate private investment, including

commercial and residential development, because the projects -

"(i) enhance the effectiveness of a mass transportation project

and are related physically or functionally to that mass

transportation project; or

"(ii) establish new or enhanced coordination between mass

transportation and other transportation;".

Subsec. (c). Pub. L. 105-178, Sec. 3009(d), amended subsec. (c)

generally, substituting "[Reserved.]" for former heading and text

which read as follows:

"(c) Consideration of Decreased Commuter Rail Transportation. -

The Secretary of Transportation shall consider the adverse effect

of decreased commuter rail transportation when deciding whether to

approve a grant or loan under this section to acquire a rail line

and all related facilities -

"(1) owned by a rail carrier subject to reorganization under

title 11; and

"(2) used to provide commuter rail transportation."

Subsec. (e). Pub. L. 105-178, Sec. 3009(k)(1), as added by Pub.

L. 105-206, Sec. 9009(g), in par. (3)(C), substituted "suburban

sprawl" for "urban sprawl", and in par. (6), substituted "or 'not

recommended', based" for "or not 'recommended', based" in second

sentence and inserted "of the" before "criteria established" in

last sentence.

Pub. L. 105-178, Sec. 3009(e), reenacted heading without change

and amended text of subsec. (e) generally. Prior to amendment,

subsec. (e) related to, in par. (1), applicability of subsection to

projects, in par. (2), approval of grants or loans for capital

projects, in par. (3), criteria for making approval decisions, in

par. (4), issuance of guidelines on evaluation of alternatives,

project justification, and degree of local financial commitment, in

par. (5), advancement of project from alternatives analysis to

preliminary engineering, in par. (6), exemptions from requirements

of subsection, and in par. (7), requirement of full financing

agreement.

Subsec. (f). Pub. L. 105-178, Sec. 3009(h)(1), amended subsec.

(f) generally, substituting "[Reserved.]" for former heading and

text which read as follows:

"(f) Required Payments and Eligible Costs of Projects That

Enhance Urban Economic Development or Incorporate Private

Investment. - (1) Each grant or loan under subsection (a)(5) of

this section shall require that a person making an agreement to

occupy space in a facility pay a reasonable share of the costs of

the facility through rental payments and other means.

"(2) Eligible costs for a project under subsection (a)(5) of this

section -

"(A) include property acquisition, demolition of existing

structures, site preparation, utilities, building foundations,

walkways, open space, and a capital project for, and improving,

equipment or a facility for an intermodal transfer facility or

transportation mall; but

"(B) do not include construction of a commercial

revenue-producing facility or a part of a public facility not

related to mass transportation."

Subsec. (g). Pub. L. 105-178, Sec. 3009(f)(1), substituted

"Funding" for "Financing" in heading.

Subsec. (g)(1)(B). Pub. L. 105-178, Sec. 3009(f)(3), substituted

"At least 60 days" for "At least 30 days" and "letter or agreement.

The Secretary shall include with the notification a copy of the

proposed letter or agreement as well as the evaluations and ratings

for the project" for "issuance of the letter" and inserted "or

entering into a full funding grant agreement" after "subparagraph

(A) of this paragraph".

Subsec. (g)(2)(A), (B), (3)(A)(i). Pub. L. 105-178, Sec.

3009(f)(2), substituted "full funding" for "full financing".

Subsec. (g)(4). Pub. L. 105-178, Sec. 3009(k)(2), as added by

Pub. L. 105-206, Sec. 9009(g), substituted "5338(b) of this title

for new fixed guideway systems and extensions to existing fixed

guideway systems and the amount appropriated under section

5338(h)(5) or an amount equivalent to the last 2 fiscal years of

funding authorized under section 5338(b) for new fixed guideway

systems and extensions to existing fixed guideway systems" for

"5338(a) of this title to carry out this section or an amount

equivalent to the total authorizations under section 5338(b) for

new fixed guideway systems and extensions to existing fixed

guideway systems for fiscal years 2002 and 2003".

Pub. L. 105-178, Sec. 3009(f)(2), (4), substituted "full funding"

for "full financing" before "grant agreements" in two places and

"an amount equivalent to the total authorizations under section

5338(b) for new fixed guideway systems and extensions to existing

fixed guideway systems for fiscal years 2002 and 2003" for "50

percent of the uncommitted cash balance remaining in the Mass

Transit Account of the Highway Trust Fund (including amounts

received from taxes and interest earned that are more than amounts

previously obligated)".

Subsec. (m). Pub. L. 105-178, Sec. 3009(k)(3), as added by Pub.

L. 105-206, Sec. 9009(g), substituted "5338(b)" for "5338" in

introductory provisions of par. (1), added par. (2) and struck out

former par. (2) relating to limitation on amounts available for

activities other than final design and construction, redesignated

par. (4) as (3)(C), added pars. (3)(D) and (4), and struck out par.

(5) relating to funding for ferry boat systems.

Pub. L. 105-178, Sec. 3009(g), reenacted heading without change

and amended text of subsec. (m) generally, substituting provisions

allocating amounts for fiscal years 1998 to 2003 for provisions

allocating amounts for each fiscal year ending Sept. 30 from 1993

to 1997 and for period of Oct. 1, 1997 to Mar. 31, 1998.

Subsec. (n)(2). Pub. L. 105-178, Sec. 3009(h)(3)(D), as added by

Pub. L. 105-206, Sec. 9009(h)(3), substituted "in a manner

satisfactory" for "in a way satisfactory".

Subsec. (o). Pub. L. 105-178, Sec. 3009(i), added subsec. (o)

relating to reports.

Subsec. (p). Pub. L. 105-178, Sec. 3009(j), added subsec. (p).

1997 - Subsec. (m)(1). Pub. L. 102-240, Sec. 3049(a), as added by

Pub. L. 105-130, inserted ", and for the period of October 1, 1997,

through March 31, 1998" after "1997".

1996 - Subsec. (a). Pub. L. 104-287, Sec. 5(12)(A), designated

existing provisions as par. (1), redesignated former pars. (1) to

(7) as subpars. (A) to (G) of par. (1), respectively, and former

subpars. (A) and (B) of par. (5) as subcls. (i) and (ii) of subpar.

(E), respectively, and added par. (2).

Subsec. (e)(4)(B). Pub. L. 104-287, Sec. 5(12)(B), substituted

"paragraph (2)" for "paragraph (1)(B)".

Subsec. (g)(1)(B). Pub. L. 104-287, Sec. 5(9), substituted

"Transportation and Infrastructure" for "Public Works and

Transportation".

Subsec. (m)(1)(A). Pub. L. 104-287, Sec. 5(12)(C), inserted

"rail" before "fixed guideway modernization".

Subsec. (m)(3). Pub. L. 104-287, Sec. 5(9), substituted

"Transportation and Infrastructure" for "Public Works and

Transportation".

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.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 5(12) of Pub. L. 104-287 effective July 5,

1994, see section 8(1) of Pub. L. 104-287, set out as a note under

section 5303 of this title.

REPORT TO CONGRESS ON USE OF FUNDS UNDER PUB. L. 105-178

Pub. L. 105-200, title IV, Sec. 403(b), July 16, 1998, 112 Stat.

670, provided that: "Not later than 2 years after the date of the

enactment of this Act [July 16, 1998], the Secretary of

Transportation, in consultation with the Secretary of Health and

Human Services, shall submit to the Committees on Ways and Means

and on Transportation and Infrastructure of the House of

Representatives and the Committees on Finance and on Environment

and Public Works of the Senate a report that -

"(1) describes the manner in which funds made available under

section 3037 of the Transportation Equity Act for the 21st

Century [Pub. L. 105-178, set out as a note below] have been

used;

"(2) describes whether such uses of such funds has improved

transportation services for low-income individuals; and

"(3) contains such other relevant information as may be

appropriate."

DOLLAR VALUE OF MOBILITY IMPROVEMENTS

Pub. L. 105-178, title III, Sec. 3010, June 9, 1998, 112 Stat.

357, as amended by Pub. L. 105-206, title IX, Sec. 9009(i), July

22, 1998, 112 Stat. 856, provided that:

"(a) In General. - The Secretary [of Transportation] shall not

consider the dollar value of mobility improvements, as specified in

the report required under section 5309(o) (as added by this Act),

in evaluating projects under section 5309 of title 49, United

States Code, in developing regulations, or in carrying out any

other duty of the Secretary.

"(b) Study. -

"(1) In general. - The Comptroller General shall conduct a

study of the dollar value of mobility improvements and the

relationship of mobility improvements to the overall

transportation justification of a new fixed guideway system or

extension to an existing system.

"(2) Report. - Not later than January 1, 2000, the Comptroller

General shall transmit to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee

on Banking, Housing, and Urban Affairs of the Senate a report on

the results of the study under paragraph (1), including an

analysis of the factors relevant to determining the dollar value

of mobility improvements."

JOB ACCESS AND REVERSE COMMUTE GRANTS

Pub. L. 105-178, title III, Sec. 3037, June 9, 1998, 112 Stat.

387, as amended by Pub. L. 105-206, title IX, Sec. 9009(w), July

22, 1998, 112 Stat. 862, provided that:

"(a) Findings. - Congress finds that -

"(1) two-thirds of all new jobs are in the suburbs, whereas

three-quarters of welfare recipients live in rural areas or

central cities;

"(2) even in metropolitan areas with excellent public transit

systems, less than half of the jobs are accessible by transit;

"(3) in 1991, the median price of a new car was equivalent to

25 weeks of salary for the average worker, and considerably more

for the low-income worker;

"(4) not less than 9,000,000 households and 10,000,000

Americans of driving age, most of whom are low-income workers, do

not own cars;

"(5) 94 percent of welfare recipients do not own cars;

"(6) nearly 40 percent of workers with annual incomes below

$10,000 do not commute by car;

"(7) many of the 2,000,000 Americans who will have their

Temporary Assistance to Needy Families grants (under the State

program funded under part A of title IV of the Social Security

Act (42 U.S.C. 601 et seq.)) terminated by the year 2002 will be

unable to get to jobs they could otherwise hold;

"(8) increasing the transit options for low-income workers,

especially those who are receiving or who have recently received

welfare benefits, will increase the likelihood of those workers

getting and keeping jobs; and

"(9) many residents of cities and rural areas would like to

take advantage of mass transit to gain access to suburban

employment opportunities.

"(b) Definitions. - In this section, the following definitions

shall apply:

"(1) Eligible low-income individual. - The term 'eligible

low-income individual' means an individual whose family income is

at or below 150 percent of the poverty line (as that term is

defined in section 673(2) of the Community Services Block Grant

Act (42 U.S.C. 9902(2)), including any revision required by that

section) for a family of the size involved.

"(2) Eligible project and related terms. -

"(A) In general. - The term 'eligible project' means an

access to jobs project or a reverse commute project.

"(B) Access to jobs project. - The term 'access to jobs

project' means a project relating to the development of

transportation services designed to transport welfare

recipients and eligible low-income individuals to and from jobs

and activities related to their employment. The Secretary [of

Transportation] may make access to jobs grants for -

"(i) capital projects and to finance operating costs of

equipment, facilities, and associated capital maintenance

items related to providing access to jobs under this section;

"(ii) promoting the use of transit by workers with

nontraditional work schedules;

"(iii) promoting the use by appropriate agencies of transit

vouchers for welfare recipients and eligible low-income

individuals under specific terms and conditions developed by

the Secretary; and

"(iv) promoting the use of employer-provided

transportation, including the transit pass benefit program

under section 132 of the Internal Revenue Code of 1986 [26

U.S.C. 132].

"(C) Reverse commute project. - The term 'reverse commute

project' means a project related to the development of

transportation services designed to transport residents of

urban areas, urbanized areas, and areas other than urbanized

areas to suburban employment opportunities, including any

project to -

"(i) subsidize the costs associated with adding reverse

commute bus, train, carpool, van routes, or service from

urban areas, urbanized areas, and areas other than urbanized

areas, to suburban workplaces;

"(ii) subsidize the purchase or lease by a nonprofit

organization or public agency of a van or bus dedicated to

shuttling employees from their residences to a suburban

workplace; or

"(iii) otherwise facilitate the provision of mass

transportation services to suburban employment opportunities.

"(3) Existing transportation service providers. - The term

'existing transportation service providers' means mass

transportation operators and governmental agencies and nonprofit

organizations that receive assistance from Federal, State, or

local sources for nonemergency transportation services.

"(4) Qualified entity. - The term 'qualified entity' means -

"(A) with respect to any proposed eligible project in an

urbanized area with a population of at least 200,000, the

applicant or applicants selected by the appropriate

metropolitan planning organization that meets the requirements

of this section, including the planning and coordination

requirements in subsection (i), from among designated

recipients under section 5307(a)(2) of title 49, United States

Code, local governmental authorities and agencies, and

nonprofit organizations; and

"(B) with respect to any proposed eligible project in an

urbanized area with a population of less than 200,000, or an

area other than an urbanized area, the applicant or applicants

selected by the chief executive officer of the State in which

the area is located that meets the requirements of this

section, including the planning and coordination requirements

in subsection (i), from among designated recipients under

section 5307(a)(2) of title 49, United States Code, local

governmental authorities and agencies, and nonprofit

organizations.

"(5) Welfare recipient. - The term 'welfare recipient' means an

individual who receives or received aid or assistance under a

State program funded under part A of title IV of the Social

Security Act [42 U.S.C. 601 et seq.] (whether in effect before or

after the effective date of the amendments made by title I of the

Personal Responsibility and Work Opportunity Reconciliation Act

of 1996 (Public Law 104-193; 110 Stat. 2110) [see Effective Date

note set out under 42 U.S.C. 601]) at any time during the 3-year

period before the date on which the applicant applies for a grant

under this section.

"(c) General Authority. -

"(1) In general. - The Secretary may make access to jobs grants

and reverse commute grants under this section to assist qualified

entities in financing eligible projects.

"(2) Coordination. - The Secretary shall coordinate activities

under this section with related activities under programs of

other Federal departments and agencies.

"(d) Applications. - Each qualified entity seeking to receive a

grant under this section for an eligible project shall submit to

the Secretary an application in such form and in accordance with

such requirements as the Secretary shall establish.

"(e) Prohibition. - Grants awarded under this section may not be

used for planning or coordination activities.

"(f) Factors for Consideration. - In awarding grants under this

section to applicants under subsection (d), the Secretary shall

consider -

"(1) the percentage of the population in the area to be served

by the applicant that are welfare recipients;

"(2) in the case of an applicant seeking assistance to finance

an access to jobs project, the need for additional services

(including bicycling) in the area to be served by the applicant

to transport welfare recipients and eligible low-income

individuals to and from specified jobs, training, and other

employment support services, and the extent to which the proposed

services will address those needs;

"(3) the extent to which the applicant demonstrates -

"(A) coordination with, and the financial commitment of,

existing transportation service providers; and

"(B) coordination with the State agency that administers the

State program funded under part A of title IV of the Social

Security Act [42 U.S.C. 601 et seq.];

"(4) the extent to which the applicant demonstrates maximum

utilization of existing transportation service providers and

expands transit networks or hours of service, or both;

"(5) the extent to which the applicant demonstrates an

innovative approach that is responsive to identified service

needs;

"(6) the extent to which the applicant -

"(A) in the case of an applicant seeking assistance to

finance an access to jobs project, presents a regional

transportation plan for addressing the transportation needs of

welfare recipients and eligible low-income individuals; and

"(B) identifies long-term financing strategies to support the

services under this section;

"(7) the extent to which the applicant demonstrates that the

community to be served has been consulted in the planning

process; and

"(8) in the case of an applicant seeking assistance to finance

a reverse commute project, the need for additional services

identified in a regional transportation plan to transport

individuals to suburban employment opportunities, and the extent

to which the proposed services will address those needs.

"(g) Competitive Grant Selection. - The Secretary shall conduct a

national solicitation for applications for grants under this

section. Grantees shall be selected on a competitive basis.

"(h) Cost Sharing. -

"(1) Maximum amount. - The amount of a grant under this section

may not exceed 50 percent of the total project cost.

"(2) Nongovernmental share. -

"(A) In general. - The portion of the total cost of an

eligible project that is not funded under this section -

"(i) shall be provided in cash from sources other than

revenues from providing mass transportation, but may include

amounts received under a service agreement; and

"(ii) may be derived from amounts appropriated to or made

available to a department or agency of the Federal Government

(other than the Department of Transportation) that are

eligible to be expended for transportation.

"(B) Inapplicability. - For purposes of subparagraph (A)(ii),

the prohibitions on the use of funds for matching requirements

under section 403(a)(5)(C)(vi) of the Social Security Act [42

U.S.C. 603(a)(5)(C)(vi)] shall not apply to Federal or State

funds to be used for transportation services.

"(i) Planning Requirements. -

"(1) In general. - The requirements of sections 5303 through

5306 of title 49, United States Code, apply to any grant made

under this section.

"(2) Coordination. - Each application for a grant under this

section shall reflect coordination with and the approval of

affected transit grant recipients. The eligible access to jobs

projects financed under this section shall be part of a

coordinated public transit-human services transportation planning

process.

"(j) Grant Requirements. - A grant under this section shall be

subject to -

"(1) all of the terms and conditions to which a grant made

under section 5307 of title 49, United States Code, is subject;

and

"(2) such other terms and conditions as are determined by the

Secretary.

"(k) Program Evaluation. -

"(1) Comptroller general. - Beginning 6 months after the date

of enactment of this Act [June 9, 1998], and every 6 months

thereafter, the Comptroller General of the United States shall -

"(A) conduct a study to evaluate the grant program authorized

under this section; and

"(B) submit to the Committee on Transportation and

Infrastructure of the House of Representatives and the

Committee on Banking, Housing, and Urban Affairs of the Senate

a report describing the results of each study under

subparagraph (A).

"(2) Department of transportation. - Not later than 2 years

after the date of enactment of this Act, the Secretary shall -

"(A) conduct a study to evaluate the access to jobs grant

program authorized under this section; and

"(B) submit to the Committee on Transportation and

Infrastructure of the House of Representatives and the

Committee on Banking, Housing, and Urban Affairs of the Senate

a report describing the results of the study under subparagraph

(A).

"(l) Authorization and Allocation. -

"(1) In general. -

"(A) From the trust fund. - There shall be available from the

Mass Transit Account of the Highway Trust Fund to carry out

this section -

"(i) $40,000,000 for fiscal year 1999;

"(ii) $60,000,000 for fiscal year 2000;

"(iii) $80,000,000 for fiscal year 2001;

"(iv) $100,000,000 for fiscal year 2002; and

"(v) $120,000,000 for fiscal year 2003.

"(B) From the general fund. - In addition to amounts made

available under subparagraph (A), there are authorized to be

appropriated to carry out this section -

"(i) $10,000,000 for fiscal year 1999;

"(ii) $15,000,000 for fiscal year 2000;

"(iii) $20,000,000 for fiscal year 2001;

"(iv) $25,000,000 for fiscal year 2002; and

"(v) $30,000,000 for fiscal year 2003.

"(C) Additional amounts. - In addition to amounts made

available under subparagraphs (A) and (B) under the

Transportation Discretionary Spending Guarantee for the Mass

Transit Category, there are authorized to be appropriated to

carry out this section -

"(i) $100,000,000 for fiscal year 1999;

"(ii) $75,000,000 for fiscal year 2000;

"(iii) $50,000,000 for fiscal year 2001; and

"(iv) $25,000,000 for fiscal year 2002.

"(2) Set-aside for reverse commute projects. - Of amounts made

available by or appropriated under subparagraphs (A) and (B) of

paragraph (1) to carry out this section in each fiscal year, not

more than $10,000,000 shall be used for grants for reverse

commute projects.

"(3) Allocation. - The amounts made available by or

appropriated under paragraph (1) to carry out this section in

each fiscal year shall be allocated as follows:

"(A) 60 percent shall be allocated for eligible projects in

urbanized areas with populations of at least 200,000.

"(B) 20 percent shall be allocated for eligible projects in

urbanized areas with populations of less than 200,000.

"(C) 20 percent shall be allocated for eligible projects in

areas other than urbanized areas."

ENCOURAGEMENT OF ADVERSELY AFFECTED INDUSTRIES TO COMPETE FOR

CONTRACTS

Pub. L. 91-453, Sec. 10, Oct. 15, 1970, 84 Stat. 968, as amended

by Pub. L. 102-240, title III, Sec. 3003(b), Dec. 18, 1991, 105

Stat. 2088, provided that: "The Secretary of Transportation shall

in all ways (including the provision of technical assistance)

encourage industries adversely affected by reductions in Federal

Government spending on space, military, and other Federal projects

to compete for the contracts provided for under sections 3 and 6 of

the Federal Transit Act (49 U.S.C. 1602 and 1605) [now 49 U.S.C.

5309 and 5312], as amended by this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5301, 5310, 5315, 5318,

5319, 5320, 5323, 5324, 5327, 5328, 5331, 5333, 5334, 5337, 5338 of

this title; title 42 sections 3013, 3338.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Two subsecs. (o) have been enacted.

-End-

-CITE-

49 USC Sec. 5310 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5310. Formula grants and loans for special needs of elderly

individuals and individuals with disabilities

-STATUTE-

(a) General Authority. - The Secretary of Transportation may make

grants and loans to -

(1) State and local governmental authorities to help them

provide mass transportation service planned, designed, and

carried out to meet the special needs of elderly individuals and

individuals with disabilities; and

(2) the chief executive officer of each State for allocation to

(A) private nonprofit corporations and associations to help

them provide that transportation service when the

transportation service provided under clause (1) of this

subsection is unavailable, insufficient, or inappropriate; or

(B) governmental authorities -

(i) approved by the State to coordinate services for

elderly individuals and individuals with disabilities; or

(ii) that certify to the chief executive officer that no

nonprofit corporation or association readily is available in

an area to provide service under this subsection.

(b) Apportioning and Transferring Amounts. - The Secretary shall

apportion amounts made available under section 5338(a) of this

title under a formula the Secretary administers that considers the

number of elderly individuals and individuals with disabilities in

each State. Any State's apportionment remaining available for

obligation at the beginning of the 90-day period before the end of

the period of availability of the apportionment is available to the

chief executive officer of the State for transfer to supplement

amounts apportioned to the State under section 5311(c) or

5336(a)(1) of this title.

section may be used for transportation projects to assist in

providing transportation services for elderly individuals and

individuals with disabilities that are included in a State program

of projects. A program shall be submitted annually to the Secretary

for approval and shall contain an assurance that the program

provides for maximum feasible coordination of transportation

services assisted under this section with transportation services

assisted by other United States Government sources.

(d) Eligible Capital Expenses. - A recipient of amounts under

this section may include acquiring transportation services as an

eligible capital expense.

(e) Application of Section 5309. - (1) A grant or loan under

subsection (a)(1) of this section is subject to all requirements of

a grant or loan under section 5309 of this title, and is deemed to

have been made under section 5309.

(2) A grant or loan under subsection (a)(2) of this section is

subject to requirements similar to those under paragraph (1) of

this subsection to the extent the Secretary considers appropriate.

(f) Minimum Requirements and Procedures for Recipients. - In

carrying out section 5301(d) of this title, section 165(b) of the

Federal-Aid Highway Act of 1973 (Public Law 93-87, 87 Stat. 282),

and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)

(consistent with Government-wide standards to carry out section

504), the Secretary shall prescribe regulations establishing

minimum criteria a recipient of Government financial assistance

under this chapter or a law referred to in section 165(b) shall

comply with in providing mass transportation service to elderly

individuals and individuals with disabilities and procedures for

the Secretary to monitor compliance with the criteria. The

regulations shall include provisions for ensuring that

organizations and groups representing elderly individuals and

individuals with disabilities are given adequate notice of, and an

opportunity to comment on, the proposed activity of a recipient to

achieve compliance with the regulations.

(g) Leasing Vehicles. - The Secretary shall prescribe guidelines

allowing vehicles bought under this section to be leased to local

governmental authorities to improve transportation services

designed to meet the special needs of elderly individuals and

individuals with disabilities.

(h) Meal Delivery Service to Homebound Individuals. - Mass

transportation service providers receiving assistance under this

section or section 5311(c) of this title may coordinate and assist

in regularly providing meal delivery service for homebound

individuals if the delivery service does not conflict with

providing mass transportation service or reduce service to mass

transportation passengers.

(i) Transfer of Facilities and Equipment. - With the consent of

the recipient currently having a facility or equipment acquired

with assistance under this section, a State may transfer the

facility or equipment to any recipient eligible to receive

assistance under this chapter if the facility or equipment will

continue to be used as required under this section.

(j) Fares Not Required. - This chapter does not require that

elderly individuals and individuals with disabilities be charged a

fare.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 807; Pub. L.

105-178, title III, Sec. 3013(a), June 9, 1998, 112 Stat. 359.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

5310(a) 49 App.:1612(b) July 9, 1964, Pub. L.

(1st sentence words 88-365, 78 Stat. 302, Sec.

before cl. (1)), 16(b) (1st sentence); added

cls. (1) (words Oct. 15, 1970, Pub. L.

before 3d comma), 91-453, Sec. 8, 84 Stat.

(2) (words before 967; restated Aug. 13, 1973,

"with such grants"). Pub. L. 93-87, Sec. 301(g),

87 Stat. 295; Dec. 18, 1991,

Pub. L. 102-240, Sec.

3021(1)- (4), 105 Stat. 2110.

5310(b) 49 App.:1612(c)(2), July 9, 1964, Pub. L.

(3). 88-365, 78 Stat. 302, Sec.

16(c); added Dec. 18, 1991,

Pub. L. 102-240, Sec.

3021(6), 105 Stat. 2110;

Oct. 6, 1992, Pub. L.

102-388, Sec. 502(k), 106

Stat. 1567.

5310(c) 49 App.:1612(c)(1).

5310(d) 49 App.:1612(b)

(1st sentence cl.

(3)).

5310(e) 49 App.:1612(b)

(1st sentence cls.

(1) (words after 3d

comma), (2) (words

after "service

under this

subsection")).

5310(f) 49 App.:1612(e). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

16(e); added Jan. 6, 1983,

Pub. L. 97-424, Sec. 317(c),

96 Stat. 2153; Apr. 2, 1987,

Pub. L. 100-17, Sec.

327(a)(4), 101 Stat. 238;

Dec. 18, 1991, Pub. L.

102-240, Sec. 3021(1), (5),

105 Stat. 2110.

5310(g) 49 App.:1612(c)(4).

5310(h) 49 App.:1612(f). July 9, 1964, Pub. L.

88-365, 78 Stat. 302, Sec.

16(f); added Apr. 2, 1987,

Pub. L. 100-17, Sec. 321,

101 Stat. 235; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3021(5), (7), 105 Stat.

2110, 2111.

5310(i) 49 App.:1614(g) July 9, 1964, Pub. L.

(related to 88-365, 78 Stat. 302, Sec.

1612(b)). 18(g) (related to Sec.

16(b)); added Nov. 6, 1978,

Pub. L. 95-599, Sec. 313, 92

Stat. 2750; restated Dec.

18, 1991, Pub. L. 102-240,

Sec. 3022, 105 Stat. 2111.

5310(j) 49 App.:1604b. Nov. 26, 1974, Pub. L.

93-503, Sec. 108, 88 Stat.

1572.

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

In this section, the words "governmental authorities" are

substituted for "public bodies" because of section 5302(a) of the

revised title.

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

the grants and loans otherwise provided for under this chapter" are

omitted as surplus. In clauses (1) and (2), the words "the specific

purpose of" are omitted as surplus. In clause (1), the words "or

agencies thereof" are omitted as surplus.

In subsection (b), the words "for expenditure", "to the States",

and "amounts of a" are omitted as surplus.

In subsection (d), the words "A recipient of amounts under this

section" are added for clarity to correct an error in the source

provisions. The words "under a contract, lease, or other

arrangement" are omitted as surplus.

In subsection (e), the words "terms, conditions . . . and

provisions" are omitted as surplus.

In subsection (e)(1), the words "and is deemed" are substituted

for "and being considered for the purposes of all other laws" for

consistency in the revised title and with other titles of the

United States Code.

In subsection (e)(2), the words "insofar as may be appropriate"

and "necessary or . . . for purposes of this paragraph" are omitted

as surplus.

In subsection (f), the words "any applicable" are omitted as

surplus. The words "prescribe regulations establishing" are

substituted for "not later than ninety days after January 6, 1983,

publish in the Federal Register for public comment, proposed

regulations and, not later than one hundred and eighty days after

January 6, 1983, promulgate final regulations, establishing" to

eliminate unnecessary and executed words. Section 3021(1) of the

Intermodal Surface Transportation Efficiency Act of 1991 (Public

Law 102-240, 105 Stat. 2110) is applied to 49 App.:1612(e) to carry

out the apparent intent of Congress.

In subsection (g), the words "not later than 60 days following

December 18, 1991" are omitted as obsolete. The words "and

agencies" are omitted as surplus.

In subsection (j), the words "elderly individuals and individuals

with disabilities" are substituted for "elderly and handicapped

persons" for consistency.

-REFTEXT-

REFERENCES IN TEXT

Section 165(b) of the Federal-Aid Highway Act of 1973, referred

to in subsec. (f), is section 165(b) of Pub. L. 93-87, which is set

out as a note under section 142 of Title 23, Highways.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-178 substituted "Formula grants" for "Grants"

in section catchline.

RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM

Pub. L. 105-178, title III, Sec. 3038, June 9, 1998, 112 Stat.

392, as amended by Pub. L. 105-206, title IX, Sec. 9009(x), July

22, 1998, 112 Stat. 862; Pub. L. 106-346, Sec. 101(a) [title III,

Sec. 336], Oct. 23, 2000, 114 Stat. 1356, 1356A-31, provided that:

"(a) Definitions. - In this section, the following definitions

apply:

"(1) Intercity, fixed-route over-the-road bus service. - The

term 'intercity, fixed-route over-the-road bus service' means

regularly scheduled bus service for the general public, using an

over-the-road bus, that -

"(A) operates with limited stops over fixed routes connecting

2 or more urban areas not in close proximity or connecting 1 or

more rural communities with an urban area not in close

proximity;

"(B) has the capacity for transporting baggage carried by

passengers; and

"(C) makes meaningful connections with scheduled intercity

bus service to more distant points.

"(2) Other over-the-road bus service. - The term 'other

over-the-road bus service' means any other transportation using

over-the-road buses including local fixed-route service, commuter

service, and charter or tour service (including tour or excursion

service that includes features in addition to bus transportation

such as meals, lodging, admission to points of interest or

special attractions or the services of a tour guide).

"(3) Over-the-road bus. - The term 'over-the-road bus' means a

bus characterized by an elevated passenger deck located over a

baggage compartment.

"(b) General Authority. - The Secretary [of Transportation] shall

make grants under this section to operators of over-the-road buses

to finance the incremental capital and training costs of complying

with the Department of Transportation's final rule regarding

accessibility of over-the-road buses required by section

306(a)(2)(B) of the Americans with Disabilities Act of 1990 (42

U.S.C. 12186(a)(2)(B)).

"(c) Grant Criteria. - In selecting applicants for grants under

this section, the Secretary shall consider -

"(1) the identified need for over-the-road bus accessibility

for persons with disabilities in the areas served by the

applicant;

"(2) the extent to which the applicant demonstrates innovative

strategies and financial commitment to providing access to

over-the-road buses to persons with disabilities;

"(3) the extent to which the over-the-road bus operator

acquires equipment required by the final rule prior to any

required timeframe in the final rule;

"(4) the extent to which financing the costs of complying with

the Department of Transportation's final rule regarding

accessibility of over-the-road buses presents a financial

hardship for the applicant; and

"(5) the impact of accessibility requirements on the

continuation of over-the-road bus service, with particular

consideration of the impact of the requirements on service to

rural areas and for low-income individuals.

"(d) Competitive Grant Selection. - The Secretary shall conduct a

national solicitation for applications for grants under this

section. Grantees shall be selected on a competitive basis.

"(e) Federal Share of Costs. - The Federal share of costs under

this section shall be provided from funds made available to carry

out this section. The Federal share of the costs for a project

shall not exceed 90 percent of the project cost.

"(f) Grant Requirements. - A grant under this section shall be

subject to all of the terms and conditions applicable to

subrecipients who provide intercity bus transportation under

section 5311(f) of title 49, United States Code, and such other

terms and conditions as the Secretary may prescribe.

"(g) Funding. -

"(1) Intercity, fixed-route over-the-road bus service. - Of

amounts made available by or appropriated under section

5338(a)(2) of title 49, United States Code (before allocation

under section 5338(a)(2)(C) of that title), the following amounts

shall be available for operators of over-the-road buses used

substantially or exclusively in intercity, fixed-route

over-the-road bus service to finance the incremental capital and

training costs of the Department of Transportation's final rule

regarding accessibility of over-the-road buses:

"(A) $2,000,000 for fiscal year 1999.

"(B) $2,000,000 for fiscal year 2000.

"(C) $3,000,000 for fiscal year 2001.

"(D) $5,250,000 for fiscal year 2002.

"(E) $5,250,000 for fiscal year 2003.

Such sums shall remain available until expended.

"(2) Other over-the-road bus service. - Of amounts made

available by or appropriated under section 5338(a)(2) of title

49, United States Code (before allocation under section

5338(a)(2)(C) of that title), $6,800,000 shall be available for

fiscal years 2000 through 2003 for operators of other

over-the-road bus service to finance the incremental capital and

training costs of the Department of Transportation's final rule

regarding accessibility of over-the-road buses. Such sums shall

remain available until expended."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5301, 5307, 5323, 5333,

5334, 5338, 31138 of this title; title 42 section 3013.

-End-

-CITE-

49 USC Sec. 5311 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

CHAPTER 53 - MASS TRANSPORTATION

-HEAD-

Sec. 5311. Formula grants for other than urbanized areas

-STATUTE-

(a) Definition. - In this section, "recipient" includes a State

authority, a local governmental authority, a nonprofit

organization, and an operator of mass transportation service.

(b) General Authority. - (1) The Secretary of Transportation may

make grants for transportation projects that are included in a

State program of mass transportation service projects (including

service agreements with private providers of mass transportation

service) for areas other than urbanized areas. The program shall be

submitted annually to the Secretary. The Secretary may approve the

program only if the Secretary finds that the program provides a

fair distribution of amounts in the State, including Indian

reservations, and the maximum feasible coordination of mass

transportation service assisted under this section with

transportation service assisted by other United States Government

sources.

(2) The Secretary of Transportation shall carry out a rural

transportation assistance program in nonurbanized areas. In

carrying out this paragraph, the Secretary may make grants and

contracts for transportation research, technical assistance,

training, and related support services in nonurbanized areas.

apportion amounts made available under section 5338(a) of this

title so that the chief executive officer of each State receives an

amount equal to the total amount apportioned multiplied by a ratio

equal to the population of areas other than urbanized areas in a

State divided by the population of all areas other than urbanized

areas in the United States, as shown by the most recent of the

following: the latest Government census, the population estimate

the Secretary of Commerce prepares after the 4th year after the

date the latest census is published, or the population estimate the

Secretary of Commerce prepares after the 8th year after the date

the latest census is published. The amount may be obligated by the

chief executive officer for 2 years after the fiscal year in which

the amount is apportioned. An amount that is not obligated at the

end of that period shall be reapportioned among the States for the

next fiscal year.

(d) Use for Local Transportation Service. - A State may use an

amount apportioned under this section for a project included in a

program under subsection (b) of this section and eligible for

assistance under this chapter if the project will provide local

transportation service, as defined by the Secretary of

Transportation, in an area other than an urbanized area.

(e) Use for Administration and Technical Assistance. - (1) The

Secretary of Transportation may allow a State to use not more than

15 percent of the amount apportioned under this section to

administer this section and provide technical assistance to a

recipient, including project planning, program and management

development, coordination of mass transportation programs, and

research the State considers appropriate to promote effective

delivery of mass transportation to an area other than an urbanized

area.

(2) Except as provided in this section, a State carrying out a

program of operating assistance under this section may not limit

the level or extent of use of the Government grant for the payment

of operating expenses.

(f) Intercity Bus Transportation. - (1) A State shall expend at

least 15 percent of the amount made available in each fiscal year

after September 30, 1993, to carry out a program to develop and

support intercity bus transportation. Eligible activities under the

program include -

(A) planning and marketing for intercity bus transportation;

(B) capital grants for intercity bus shelters;

(D) operating grants through purchase-of-service agreements,

user-side subsidies, and demonstration projects; and

(E) coordinating rural connections between small mass

transportation operations and intercity bus carriers.

(2) A State does not have to comply with paragraph (1) of this

subsection in a fiscal year in which the chief executive officer of

the State certifies to the Secretary of Transportation that the

intercity bus service needs of the State are being met adequately.

(g) Government's Share of Costs. - (1) In this subsection,

"amounts of the Government or revenues" do not include amounts

received under a service agreement with a State or local social

service agency or a private social service organization.

(2) A grant of the Government for a capital project under this

section may not be more than 80 percent of the net cost of the

project, as determined by the Secretary of Transportation. A grant

to pay a subsidy for operating expenses may not be more than 50

percent of the net cost of the operating expense project. At least

50 percent of the remainder shall be provided in cash from sources

other than amounts of the Government or revenues from providing

mass transportation. Transit system amounts that make up the

remainder shall be from an undistributed cash surplus, a

replacement or depreciation cash fund or reserve, or new capital.

(h) Amounts for Operating Assistance. - An amount made available

under this section may be used for operating assistance.

(i) Transfer of Facilities and Equipment. - With the consent of

the recipient currently having a facility or equipment acquired

with assistance under this section, a State may transfer the

facility or equipment to any recipient eligible to receive

assistance under this chapter if the facility or equipment will

continue to be used as required under this section.

(j) Relationship to Other Laws. - (1) Sections 5323(a)(1)(D) and

5333(b) of this title apply to this section but the Secretary of

Labor may waive the application of section 5333(b).

(2) This subsection does not affect or discharge a responsibility

of the Secretary of Transportation under a law of the United

States.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 809; Pub. L.

105-178, title III, Sec. 3014(a), June 9, 1998, 112 Stat. 359.)

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Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

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

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