-CITE-

49 USC CHAPTER 703 - SPACE TRANSPORTATION INFRASTRUCTURE

MATCHING GRANTS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 703 - SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS

-HEAD-

CHAPTER 703 - SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS

-MISC1-

Sec.

70301. Definitions.

70302. Grant authority.

70303. Grant applications.

70304. Environmental requirements.

70305. Authorization of appropriations.

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49 USC Sec. 70301 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 703 - SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS

-HEAD-

Sec. 70301. Definitions

-STATUTE-

In this chapter -

(1) the definitions in section 502 of the National Aeronautics

and Space Administration Authorization Act, Fiscal Year 1993 (15

U.S.C. 5802) apply.

(2) "commercial space transportation infrastructure

development" includes -

(A) construction, improvement, design, and engineering of

space transportation infrastructure in the United States; and

(B) technical studies to define how new or enhanced space

transportation infrastructure can best meet the needs of the

United States commercial space transportation industry.

(3) "project" means a project (or separate projects submitted

together) to carry out commercial space transportation

infrastructure development, including the combined submission of

all projects to be undertaken at a particular site in a fiscal

year.

(4) "project grant" means a grant of an amount by the Secretary

of Transportation to a sponsor for one or more projects.

(5) "public agency" means a State or an agency of a State, a

political subdivision of a State, or a tax-supported

organization.

(6) "sponsor" means a public agency that, individually or

jointly with one or more other public agencies, submits to the

Secretary under this chapter an application for a project grant.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1343.)

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HISTORICAL AND REVISION NOTES

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

Section

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

70301 15:5804(a). Nov. 4, 1992, Pub. L.

102-588, Sec. 505(a), 106

Stat. 5124.

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Clause (1) is added to incorporate the definitions in 15:5802.

In clause (2), the word "includes" is substituted for "may

include" for consistency in the revised title and with other titles

of the United States Code.

In clause (5), the words "municipality or other" are omitted for

consistency.

The text of 15:5804(5) is omitted as unnecessary because the

complete name of the Secretary of Transportation is used the first

time the term appears in a section.

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49 USC Sec. 70302 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 703 - SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS

-HEAD-

Sec. 70302. Grant authority

-STATUTE-

(a) General Authority. - To ensure the resiliency of the space

transportation infrastructure of the United States, the Secretary

of Transportation may make project grants to sponsors as provided

in this chapter.

(b) Limitations. - The Secretary may make a project grant under

this chapter only if -

(1) at least 10 percent of the total cost of the project will

be paid by the private sector; and

(2) the grant will not be for more than 50 percent of the total

cost of the project.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1343.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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70302(a) 15:5804(b) (1st Nov. 4, 1992, Pub. L.

sentence). 102-588, Sec. 505(b) (1st

sentence), (f), 106 Stat.

5125, 5127.

70302(b) 15:5804(f).

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In subsection (a), the words "of the United States" are

substituted for "Nation's" for consistency.

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49 USC Sec. 70303 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 703 - SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS

-HEAD-

Sec. 70303. Grant applications

-STATUTE-

(a) General. - A sponsor may submit to the Secretary of

Transportation an application for a project grant. The application

must state the project to be undertaken and be in the form and

contain the information the Secretary requires.

(b) Considerations and Consultation. - (1) In selecting proposed

projects for grants under this section, the Secretary of

Transportation shall consider -

(A) the contribution of the project to industry capabilities

that serve the United States Government's space transportation

needs;

(B) the extent of industry's financial contribution to the

project;

(C) the extent of industry's participation in the project;

(D) the positive impact of the project on the international

competitiveness of the United States space transportation

industry;

(E) the extent of State contributions to the project; and

(F) the impact of the project on launch operations and other

activities at Government launch ranges.

(2) The Secretary of Transportation shall consult with the

Secretary of Defense, the Administrator of the National Space and

Aeronautics Administration, and the heads of other appropriate

agencies of the Government about paragraph (1)(A) and (F) of this

subsection.

(c) Requirements. - The Secretary of Transportation may approve

an application only if the Secretary is satisfied that -

(1) the project will contribute to the purposes of this

chapter;

(2) the project is reasonably consistent with plans (existing

at the time of approval of the project) of public agencies that

are -

(A) authorized by the State in which the project is located;

and

(B) responsible for the development of the area surrounding

the project site;

(3) if the application proposes to use Government property, the

specific consent of the head of the appropriate agency has been

obtained;

(4) the project will be completed without unreasonable delay;

(5) the sponsor submitting the application has the legal

authority to engage in the project; and

(6) any additional requirements prescribed by the Secretary

have been met.

(d) Preference for Industry Contributions. - The Secretary of

Transportation shall give preference to applications for projects

for which there will be greater industry financial contributions,

all other factors being equal.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1344.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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70303(a) 15:5804(d)(1). Nov. 4, 1992, Pub. L.

102-588, Sec. 505(c), (d),

106 Stat. 5125.

70303(b)(1) 15:5804(c)(1).

70303(b)(2) 15:5804(c)(2).

70303(c) 15:5804(d)(2).

70303(d) 15:5804(c)(3).

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In subsection (a), the words "for one or more projects" are

omitted as unnecessary because of the definition of "project" in

section 70301 of the revised title.

In subsection (c)(5), the words "as proposed" are omitted as

surplus.

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49 USC Sec. 70304 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 703 - SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS

-HEAD-

Sec. 70304. Environmental requirements

-STATUTE-

(a) Policy. - It is the policy of the United States that projects

selected under this chapter shall provide for the protection and

enhancement of the natural resources and the quality of the

environment of the United States. In carrying out this policy, the

Secretary of Transportation shall consult with the Secretary of the

Interior and the Administrator of the Environmental Protection

Agency about a project that may have a significant effect on

natural resources, including fish and wildlife, natural, scenic,

and recreational assets, water and air quality, and other factors

affecting the environment. If the Secretary of Transportation finds

that a project will have a significant adverse effect, the

Secretary may approve the application for the project only if,

after a complete review that is a matter of public record, the

Secretary makes a written finding that no feasible and prudent

alternative to the project exists and that all reasonable steps

have been taken to minimize the adverse effect.

(b) Public Hearing Requirement. - The Secretary of Transportation

may approve an application only if the sponsor of the project

certifies to the Secretary that an opportunity for a public hearing

has been provided to consider the economic, social, and

environmental effects of the project and its consistency with the

goals of any planning carried out by the community. When a hearing

is held under this paragraph, the sponsor shall submit a copy of

the transcript of the hearing to the Secretary.

(c) Compliance With Air and Water Quality Standards. - (1) The

Secretary of Transportation may approve an application only if the

chief executive officer of the State in which the project is

located certifies in writing to the Secretary that there is

reasonable assurance that the project will be located, designed,

constructed, and operated to comply with applicable air and water

quality standards. If the Administrator has not prescribed those

standards, certification shall be obtained from the Administrator.

Notice of certification or refusal to certify shall be provided not

later than 60 days after the Secretary receives the application.

(2) The Secretary of Transportation shall condition the approval

of an application on compliance with applicable air and water

quality standards during construction and operation.

(d) Compliance With Laws and Regulations. - The Secretary of

Transportation may require a certification from a sponsor that the

sponsor will comply with all applicable laws and regulations. The

Secretary may rescind at any time acceptance of a certification

from a sponsor under this subsection. This subsection does not

affect any responsibility of the Secretary under another law,

including -

(1) section 303 of this title;

(2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d

et seq.);

(3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et

seq.);

(4) the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.); and

(5) the Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1344.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

70304 15:5804(e). Nov. 4, 1992, Pub. L.

102-588, Sec. 505(e), 106

Stat. 5126.

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

In subsection (a), the words "policy of the United States" are

substituted for "national policy", and the words "of the United

States" are substituted for "of the Nation", for consistency. The

words "included in a project grant application" and "full and" are

omitted as surplus.

In subsection (b), the words "of objectives" are omitted as

surplus.

In subsection (c), the words "chief executive officer" are

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

because the word "State" includes the territories and possessions

of the United States.

In subsection (d), before clause (1), the words "in connection

with any project", "imposed on such sponsor under this section in

connection with such project", and "or discharge" are omitted as

surplus. The words "laws and regulations" are substituted for

"statutory and administrative requirements" for consistency in the

revised title.

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in subsec. (d)(2), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Act is classified to subchapter V (Sec. 2000d et seq.) of

chapter 21 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 2000a of Title 42 and Tables.

Title VIII of the Act of April 11, 1968, referred to in subsec.

(d)(3), is title VIII of Pub. L. 90-284, Apr. 11, 1968, 82 Stat.

81, as amended, known as the Fair Housing Act, which is classified

principally to subchapter I (Sec. 3601 et seq.) of chapter 45 of

Title 42. For complete classification of this Act to the Code, see

Short Title note set out under section 3601 of Title 42 and Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (d)(4), 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. For complete classification of this Act to the

Code, see Short Title note set out under section 4321 of Title 42

and Tables.

The Uniform Relocation Assistance and Real Property Acquisition

Policies Act of 1970, referred to in subsec. (d)(5), is Pub. L.

91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is

classified principally to chapter 61 (Sec. 4601 et seq.) of Title

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

Title note set out under section 4601 of Title 42 and Tables.

-End-

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49 USC Sec. 70305 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE IX - COMMERCIAL SPACE TRANSPORTATION

CHAPTER 703 - SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS

-HEAD-

Sec. 70305. Authorization of appropriations

-STATUTE-

Not more than $10,000,000 may be appropriated to the Secretary of

Transportation to make grants under this chapter. Amounts

appropriated under this section remain available until expended.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1345.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

70305 15:5804(b) (2d, Nov. 4, 1992, Pub. L.

last sentences). 102-588, Sec. 505(b) (2d,

last sentences), 106 Stat.

5125.

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49 USC SUBTITLE X - MISCELLANEOUS 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE X - MISCELLANEOUS

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SUBTITLE X - MISCELLANEOUS

-MISC1-

Chapter Sec.

801. Bills of Lading 80101

803. Contraband 80301

805. Miscellaneous 80501

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