(a)
(1)
(A) an assessment of a wide range of public transportation alternatives designed to address a transportation problem in a corridor or subarea;
(B) sufficient information to enable the Secretary to make the findings of project justification and local financial commitment required under this section;
(C) the selection of a locally preferred alternative; and
(D) the adoption of the locally preferred alternative as part of the long-range transportation plan required under section 5303.
(2)
(3)
(b)
(1) new fixed guideway capital projects under subsections (d) and (e), including the acquisition of real property, the initial acquisition of rolling stock for the systems, 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;
(2) capital projects to modernize existing fixed guideway systems;
(3) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, including programs of bus and bus-related projects for assistance to subrecipients that are public agencies, private companies engaged in public transportation, or private nonprofit organizations; and
(4) the development of corridors to support new fixed guideway capital projects under subsections (d) and (e), 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 public transportation usage in the corridor.
(c)
(1)
(A) the project is part of an approved transportation plan and program of projects required under sections 5303, 5304, and 5306; and
(B) the applicant has, or will have—
(i) the legal, financial, and technical capacity to carry out the project, including safety and security aspects of the project;
(ii) satisfactory continuing control over the use of the equipment or facilities; and
(iii) the capability and willingness to maintain the equipment or facilities.
(2)
(3)
(d)
(1)
(A)
(B)
(i) is authorized for final design and construction; and
(ii) has been rated as medium, medium-high, or high, in accordance with paragraph (5)(B).
(2)
(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, operating efficiencies, economic development effects, and public transportation supportive land use policies and future patterns; and
(C) supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources) to construct, maintain, and operate the system or extension, and maintain and operate the entire public transportation system without requiring a reduction in existing public transportation services or level of service to operate the proposed project.
(3)
(A) the results of the alternatives analysis and preliminary engineering for the proposed project;
(B) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
(C) the direct and indirect costs of relevant alternatives;
(D) factors such as—
(i) congestion relief;
(ii) improved mobility;
(iii) air pollution;
(iv) noise pollution;
(v) energy consumption; and
(vi) all associated ancillary and mitigation costs necessary to carry out each alternative analyzed;
(E) reductions in local infrastructure costs and other benefits achieved through compact land use development, such as positive impacts on the capacity, utilization, or longevity of other surface transportation assets and facilities;
(F) the cost of suburban sprawl;
(G) the degree to which the project increases the mobility of the public transportation dependent population or promotes economic development;
(H) population density and current transit ridership in the transportation corridor;
(I) the technical capability of the grant recipient to construct the project;
(J) any adjustment to the project justification necessary to reflect differences in local land, construction, and operating costs; and
(K) other factors that the Secretary determines to be appropriate to carry out this subsection.
(4)
(A)
(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 recapitalize and operate the overall proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the proposed project.
(B)
(i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient;
(ii) existing grant commitments;
(iii) the degree to which financing sources are dedicated to the proposed purposes;
(iv) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose; and
(v) the extent to which the project has a local financial commitment that exceeds the required non-Federal share of the cost of the project.
(C)
(5)
(A)
(B)
(6)
(A)
(i) not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2005; and
(ii) each time significant changes are made by the Secretary to the process and criteria, but not less frequently than once every 2 years.
(B)
(i) invite public comment to the policy guidance published under subparagraph (A); and
(ii) publish a response to the comments received under clause (i).
(e)
(1)
(A)
(B)
(2)
(A) based on the results of planning and alternatives analysis;
(B) justified based on a review of its public transportation supportive land use policies, cost effectiveness, and effect on local economic development; and
(C) supported by an acceptable degree of local financial commitment.
(3)
(4)
(A) determine the degree to which the project is consistent with local land use policies and is likely to achieve local developmental goals;
(B) determine the cost effectiveness of the project at the time of the initiation of revenue service;
(C) determine the degree to which the project will have a positive effect on local economic development;
(D) consider the reliability of the forecasting methods used to estimate costs and ridership associated with the project; and
(E) consider other factors that the Secretary determines appropriate to carry out this subsection.
(5)
(A)
(B)
(6)
(A)
(B)
(7)
(8)
(9)
(10)
(A) a substantial portion of the project operates in a separate right-of-way dedicated for public transit use during peak hour operations; or
(B) the project represents a substantial investment in a defined corridor as demonstrated by features such as park-and-ride lots, transit stations, bus arrival and departure signage, intelligent transportation systems technology, traffic signal priority, off-board fare collection, advanced bus technology, and other features that support the long-term corridor investment.
(11)
(A)
(B)
(f)
(g)
(1)
(A)
(B)
(2)
(A)
(i) establish the terms of participation by the 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)
(i)
(ii)
(iii)
(iv)
(C)
(i)
(I) describes and analyzes the impacts of the new fixed guideway capital project on transit services and transit ridership;
(II) evaluates the consistency of predicted and actual project characteristics and performance; and
(III) identifies sources of differences between predicted and actual outcomes.
(ii)
(I)
(II)
(aa) the collection of data on the current transit system regarding transit service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics;
(bb) documentation of the predicted scope, service levels, capital costs, operating costs, and ridership of the project;
(cc) collection of data on the transit system 2 years after the opening of the new fixed guideway capital project, including analogous information on transit service levels and ridership patterns and information on the as-built scope and capital costs of the project; and
(dd) analysis of the consistency of predicted project characteristics with the after data.
(D)
(3)
(A)
(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)
(i)
(ii)
(iii)
(iv)
(4)
(A)
(B)
(C)
(D)
(5)
(h)
(1)
(2)
(3)
(A) the Secretary determines that the net project cost of the project is not more than 10 percent higher than the net project cost estimated at the time the project was approved for advancement into preliminary engineering; and
(B) the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into preliminary engineering.
(4)
(5)
(6)
(7)
(i)
(1)
(A) the State or local governmental authority applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section.
(2)
(A)
(B)
(C)
(j)
(1)
(2)
(k)
(1)
(A) a proposal of allocations of amounts to be available to finance grants for new fixed guideway capital projects among applicants for these amounts;
(B) evaluations and ratings, as required under subsections (d) and (e), for each such project that is authorized by the Federal Public Transportation Act of 2005; and
(C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary.
(2)
(A) conduct an annual review of—
(i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital projects; and
(ii) the Secretary's implementation of such processes and procedures; and
(B) report to Congress on the results of such review by May 31 of each year.
(l)
(1)
(2)
(A)
(B)
(i) estimates made at the time projects are approved for entrance into final design;
(ii) costs and ridership when the project commences revenue operation; and
(iii) costs and ridership when the project has been in operation for 2 years.
(C)
(3)
(m)
(1)
(A) $1,437,829,600 shall be allocated for new fixed capital projects under subsection (d);
(B) $1,204,684,800 shall be allocated for capital projects for fixed guideway modernization; and
(C) $669,600,000 shall be allocated for capital projects for buses and bus-related equipment and facilities.
(2)
(A)
(i) $200,000,000 for each of fiscal years 2007 through 2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, shall be allocated for projects for new fixed guideway capital projects of less than $75,000,000 in accordance with subsection (e); and
(ii) the remainder shall be allocated for major new fixed guideway capital projects in accordance with subsection (d).
(B)
(C)
(3)
(4)
(5)
(6)
(A) $10,400,000 shall be available in fiscal year 2005 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals;
(B) $15,000,000 shall be available in each of fiscal years 2006 through 2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012, for capital projects in Alaska and Hawaii for new fixed guideway ferry systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; and
(C) $5,000,000 shall be available for each of fiscal years 2006 though 3 2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012, for payments to the Denali Commission under the terms of section 307(e) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note) for docks, waterfront development projects, and related transportation infrastructure.
(7)
(A)
(i) $2,500,000 for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the San Francisco Water Transit Authority.
(ii) $2,500,000 for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Massachusetts Bay Transportation Authority Ferry System.
(iii) $1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Camden, New Jersey Ferry System.
(iv) $1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Governor's Island, New York Ferry System.
(v) $1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Philadelphia Penn's Landing Ferry Terminal.
(vi) $1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Staten Island Ferry.
(vii) $650,000 for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Maine State Ferry Service, Rockland.
(viii) $350,000 for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012, for the Swans Island, Maine Ferry Service.
(B)
(i) $11,250,000 for fiscal year 2006.
(ii) $11,500,000 for fiscal year 2007.
(iii) $12,750,000 for fiscal year 2008.
(iv) $13,500,000 for fiscal year 2009.
(v) $13,500,000 for fiscal year 2010.
(vi) $13,500,000 for fiscal year 2011.
(vii) $6,750,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.
(C)
(D)
(E)
(8)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 800; Pub. L. 104–287, §5(9), (12), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 102–240, title III, §3049(a), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §3009(a), (c)–(h)(1), (3)(D), (i)–(k), June 9, 1998, 112 Stat. 352–357; Pub. L. 105–206, title IX, §9009(g), (h)(3), July 22, 1998, 112 Stat. 855, 856; Pub. L. 106–69, title III, §347, Oct. 9, 1999, 113 Stat. 1024; Pub. L. 106–346, §101(a) [title III, §380], Oct. 23, 2000, 114 Stat. 1356, 1356A–42; Pub. L. 106–554, §1(a)(4) [div. A, §1101], Dec. 21, 2000, 114 Stat. 2763, 2763A–201; Pub. L. 108–88, §8(a), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 108–202, §9(a), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108–224, §7(a), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108–263, §7(a), June 30, 2004, 118 Stat. 704; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–280, §7(a), July 30, 2004, 118 Stat. 882; Pub. L. 108–310, §8(a), Sept. 30, 2004, 118 Stat. 1154; Pub. L. 109–14, §7(a), May 31, 2005, 119 Stat. 330; Pub. L. 109–20, §7(a), July 1, 2005, 119 Stat. 352; Pub. L. 109–35, §7(a), July 20, 2005, 119 Stat. 386; Pub. L. 109–37, §7(a), July 22, 2005, 119 Stat. 401; Pub. L. 109–40, §7(a), July 28, 2005, 119 Stat. 417; Pub. L. 109–59, title III, §3011(a), Aug. 10, 2005, 119 Stat. 1573; Pub. L. 110–244, title II, §201(d), June 6, 2008, 122 Stat. 1610; Pub. L. 111–147, title IV, §433, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, §2303, Dec. 22, 2010, 124 Stat. 3527; Pub. L. 112–5, title III, §303, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, §133, Sept. 16, 2011, 125 Stat. 350.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5309(a) (1)–(5) | 49 App.:1602(a)(1)(A). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2735; Jan. 6, 1983, Pub. L. 97–424, §313, 96 Stat. 2152. |
49 App.:1602(a)(1)(B), (C), (D) (1st, 3d sentences). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(B)–(D), (2)(B), (3), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2735, 2736. | |
5309(a)(6) | 49 App.:1602(a)(1)(E). | July 9, 1964, Pub. L. 88–365, §3(a)(1)(E), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; restated Dec. 18, 1991, Pub. L. 102–240, §3006(a), 105 Stat. 2089. |
5309(a)(7) | 49 App.:1602(a)(1)(F). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(a)(1)(F); added Dec. 18, 1991, Pub. L. 102–240, §3006(b), 105 Stat. 2089. |
5309(b)(1) | 49 App.:1602(b) (1st sentence). | July 9, 1964, Pub. L. 88–365, §3(b), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 963; Nov. 6, 1978, Pub. L. 95–599, §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), (5) | 49 App.:1602(b) (2d–6th sentences). | |
5309(c) | 49 App.:1602(a)(5). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(a)(5); added Jan. 6, 1983, Pub. L. 97–424, §304(b), 96 Stat. 2149. |
5309(d) | 49 App.:1602(a)(2)(A). | July 9, 1964, Pub. L. 88–365, §3(a)(2)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, §304(a), 96 Stat. 2149; restated Apr. 2, 1987, Pub. L. 100–17, §309(e), 101 Stat. 227. |
49 App.:1602(a)(3). | ||
5309(e)(1) | 49 App.:1602 (note). | Apr. 2, 1987, Pub. L. 100–17, §303(b), 101 Stat. 223. |
5309(e) (2)–(7) | 49 App.:1602(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(i); added Apr. 2, 1987, Pub. L. 100–17, §303(a), 101 Stat. 223; restated Dec. 18, 1991, Pub. L. 102–240, §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, §3(a)(4), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91–453, §2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93–503, §§102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95–599, §302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97–424, §305, 96 Stat. 2150; Apr. 2, 1987, Pub. L. 100–17, §302, 101 Stat. 223; Dec. 18, 1991, Pub. L. 102–240, §3007, 105 Stat. 2090. |
5309(h) | 49 App.:1603(a). | July 9, 1964, Pub. L. 88–365, §4(a), 78 Stat. 304; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §704(a), 82 Stat. 535; Oct. 15, 1970, Pub. L. 91–453, §3(a), 84 Stat. 965; Aug. 13, 1973, Pub. L. 93–87, §301(a), 87 Stat. 295; Nov. 26, 1974, Pub. L. 93–503, §103(b), 88 Stat. 1571; Nov. 6, 1978, Pub. L. 95–599, §303(b), 92 Stat. 2737; Jan. 6, 1983, Pub. L. 97–424, §302(b), 96 Stat. 2141; Dec. 18, 1991, Pub. L. 102–240, §3006(f), (g), 105 Stat. 2089. |
5309(i) | 49 App.:1602(c) (2d, last sentences). | July 9, 1964, Pub. L. 88–365, §3(c), 78 Stat. 303; May 25, 1967, Pub. L. 90–19, §20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91–453, §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, §4(d); added Dec. 18, 1991, Pub. L. 102–240, §3006(h)(2), 105 Stat. 2090. |
5309(m)(1) | 49 App.:1602(k)(1). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(1); added Apr. 2, 1987, Pub. L. 100–17, §305, 101 Stat. 224; restated Dec. 18, 1991, Pub. L. 102–240, §3006(d)(1), 105 Stat. 2089. |
5309(m)(2) | 49 App.:1602(k)(3). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(3); added Dec. 18, 1991, Pub. L. 102–240, §3006(d)(2), 105 Stat. 2089. |
5309(m)(3) | 49 App.:1602(j). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(j); added Apr. 2, 1987, Pub. L. 100–17, §304, 101 Stat. 223. |
5309(m)(4) | 49 App.:1602(k)(2). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(k)(2); added Apr. 2, 1987, Pub. L. 100–17, §305, 101 Stat. 224. |
5309(n) | 49 App.:1602(l). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(l); added Apr. 2, 1987, Pub. L. 100–17, §306(a), 101 Stat. 224; Dec. 18, 1991, Pub. L. 102–240, §3006(e), 105 Stat. 2089. |
5309(o) | 49 App.:1602(n). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(n); added Oct. 6, 1992, Pub. L. 102–388, §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.
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).
This amends 49:5309(e)(4)(B) to correct an erroneous cross-reference.
This amends 49:5309(m)(1)(A) to make a conforming amendment.
The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsecs. (d)(6)(A)(i), (e)(9), (11)(A), (f), (h)(7), and (l)(2)(A), (3), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
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, which is classified generally to chapter 55 (§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)(C), 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.
The Federal Public Transportation Act of 2005, referred to in subsec. (k)(1)(B), is title III of Pub. L. 109–59, Aug. 10, 2005, 119 Stat. 1544. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 5101 of this title and Tables.
Section 307(e) of the Denali Commission Act of 1998, referred to in subsec. (m)(6)(C), is section 307(e) of title III of div. C of Pub. L. 105–277, which is set out as a note under section 3121 of Title 42, The Public Health and Welfare.
Section 3045 of the Federal Public Transportation Act of 2005, referred to in subsec. (m)(7)(B), is section 3045 of Pub. L. 109–59, which is set out as a note under section 5308 of this title.
Pub. L. 111–322, §2303(4)–(7), which directed amendment of subpars. (B) to (E) of subsec. (m) of this section without specifying the paragraph to be amended, was executed to subpars. (B) to (E) of par. (7) of subsec. (m), to reflect the probable intent of Congress. See 2010 Amendment notes below.
2011—Subsec. (m)(2). Pub. L. 112–30, §133(1)(A), (B), substituted “Fiscal years 2006 through 2011 and the period beginning on October 1, 2011, and ending on March 31, 2012” for “Fiscal years 2006 through 2011” in heading and “2011 and the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011” in introductory provisions.
Pub. L. 112–5, §303(1)(A), (B), substituted “Fiscal years 2006 through 2011” for “Fiscal years 2006 through 2010 and October 1, 2010, through March 4, 2011” in heading and “2011” for “2010, and during the period beginning October 1, 2010, and ending March 4, 2011,” in introductory provisions.
Subsec. (m)(2)(A)(i). Pub. L. 112–30, §133(1)(C), substituted “2011 and $100,000,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.
Pub. L. 112–5, §303(1)(C), substituted “2011” for “2010, and $84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (m)(6)(B). Pub. L. 112–30, §133(2)(A), substituted “2011 and $7,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.
Pub. L. 112–5, §303(2)(A), substituted “2011” for “2010, and $6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (m)(6)(C). Pub. L. 112–30, §133(2)(B), substituted “2011 and $2,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011”.
Pub. L. 112–5, §303(2)(B), substituted “2011” for “2010, and $2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,”.
Subsec. (m)(7)(A). Pub. L. 112–30, §133(3)(A)(i), substituted “2011 and $5,000,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “2011” and struck out “each fiscal year” before colon.
Pub. L. 112–5, §303(3)(A)(i)–(iii), struck out cl. (i) designation and heading, substituted “$10,000,000 shall be available in each of fiscal years 2006 through 2011” for “$10,000,000 shall be available in each of fiscal years 2006 through 2010” in introductory provisions, redesignated subcls. (I) to (VIII) of former cl. (i) as cls. (i) to (viii), respectively, struck out former cl. (ii) which provided a special rule for Oct. 1, 2010, through Mar. 4, 2011, and realigned margins.
Subsec. (m)(7)(A)(i), (ii). Pub. L. 112–30, §133(3)(A)(ii), (iii), substituted “$2,500,000 for each fiscal year and $1,250,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$2,500,000”.
Subsec. (m)(7)(A)(iii). Pub. L. 112–30, §133(3)(A)(iv), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.
Subsec. (m)(7)(A)(iv). Pub. L. 112–30, §133(3)(A)(v), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.
Pub. L. 112–5, §303(3)(A)(iv), inserted a period at the end.
Subsec. (m)(7)(A)(v), (vi). Pub. L. 112–30, §133(3)(A)(vi), (vii), substituted “$1,000,000 for each fiscal year and $500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$1,000,000”.
Subsec. (m)(7)(A)(vii). Pub. L. 112–30, §133(3)(A)(viii), substituted “$650,000 for each fiscal year and $325,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$650,000”.
Subsec. (m)(7)(A)(viii). Pub. L. 112–30, §133(3)(A)(ix), substituted “$350,000 for each fiscal year and $175,000 for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “$350,000”.
Subsec. (m)(7)(B). Pub. L. 112–5, §303(3)(B)(i), struck out “$5,732,000 for the period beginning October 1, 2010 and ending March 4, 2011” after cl. (v).
Subsec. (m)(7)(B)(vi). Pub. L. 112–5, §303(3)(B)(ii), added cl. (vi).
Subsec. (m)(7)(B)(vii). Pub. L. 112–30, §133(3)(B), added cl. (vii).
Subsec. (m)(7)(C). Pub. L. 112–30, §133(3)(C), substituted “fiscal year and during the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.
Pub. L. 112–5, §303(3)(C), struck out “, and during the period beginning October 1, 2010, and ending March 4, 2011,” after “year”.
Subsec. (m)(7)(D). Pub. L. 112–30, §133(3)(D), substituted “fiscal year and not less than $17,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.
Pub. L. 112–5, §303(3)(D), struck out “, and not less than $14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,” after “year”.
Subsec. (m)(7)(E). Pub. L. 112–30, §133(3)(E), substituted “fiscal year and $1,500,000 shall be available for the period beginning on October 1, 2011, and ending on March 31, 2012,” for “fiscal year”.
Pub. L. 112–5, §303(3)(E), struck out “, and $1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011,” after “year”.
2010—Subsec. (m)(2). Pub. L. 111–322, §2303(1)(A), (B), substituted “March 4, 2011” for “December 31, 2010” in heading and introductory provisions.
Pub. L. 111–147, §433(1)(A), (B), substituted “
Subsec. (m)(2)(A)(i). Pub. L. 111–322, §2303(1)(C), substituted “$84,931,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “$50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010”.
Pub. L. 111–147, §433(1)(C), substituted “2010, and $50,000,000 for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009”.
Subsec. (m)(6)(B). Pub. L. 111–322, §2303(2)(A), which directed substitution of “$6,369,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$3,750,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”, was executed by making the substitution for “$3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”, to reflect the probable intent of Congress.
Pub. L. 111–147, §433(2)(A), substituted “2010, and $3,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009”.
Subsec. (m)(6)(C). Pub. L. 111–322, §2303(2)(B), substituted “$2,123,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”.
Pub. L. 111–147, §433(2)(B), substituted “2010, and $1,250,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010,” for “2009”.
Subsec. (m)(7)(A). Pub. L. 111–147, §433(3)(A), inserted cl. (i) designation and heading, substituted “$10,000,000 shall be available in each of fiscal years 2006 through 2010” for “$10,000,000 shall be available in each of fiscal years 2006 through 2009” in introductory provisions, redesignated former cls. (i) to (viii) as subcls. (I) to (VIII), respectively, of cl. (i), and added cl. (ii).
Subsec. (m)(7)(A)(ii). Pub. L. 111–322, §2303(3)(A)(iii), substituted “155/365ths” for “25 percent”.
Pub. L. 111–322, §2303(3)(A)(ii), which directed substitution of “$4,246,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$2,500,000 shall be available for the period beginning October 1, 2010 and ending December 31, 2010”, was executed by making the substitution for “$2,500,000 shall be available in the period beginning October 1, 2010, and ending December 31, 2010”, to reflect the probable intent of Congress.
Pub. L. 111–322, §2303(3)(A)(i), substituted “March 4, 2011” for “December 31, 2010” in the heading.
Subsec. (m)(7)(B). Pub. L. 111–322, §2303(4), which directed general amendment of cl. (vi), was executed by substituting “$5,732,000 for the period beginning October 1, 2010 and ending March 4, 2011” for “(vi) $3,375,000 for the period beginning October 1, 2010, and ending December 31, 2010.” See Codification note above.
Subsec. (m)(7)(B)(v). Pub. L. 111–147, §433(3)(B), added cl. (v).
Subsec. (m)(7)(B)(vi). Pub. L. 111–147, §433(3)(B), added cl. (vi).
Subsec. (m)(7)(C). Pub. L. 111–322, §2303(5), substituted “March 4, 2011” for “December 31, 2010”. See Codification note above.
Pub. L. 111–147, §433(3)(C), inserted “, and during the period beginning October 1, 2010, and ending December 31, 2010,” after “fiscal year”.
Subsec. (m)(7)(D). Pub. L. 111–322, §2303(6), substituted “$14,863,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”. See Codification note above.
Pub. L. 111–147, §433(3)(D), inserted “, and not less than $8,750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” after “year”.
Subsec. (m)(7)(E). Pub. L. 111–322, §2303(7), substituted “$1,273,000 shall be available for the period beginning October 1, 2010 and ending March 4, 2011” for “$750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010”. See Codification note above.
Pub. L. 111–147, §433(3)(E), inserted “, and $750,000 shall be available for the period beginning October 1, 2010, and ending December 31, 2010,” after “year”.
2008—Subsec. (d)(5)(B). Pub. L. 110–244, §201(d)(1), substituted “this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.” for “regulation.”
Subsec. (e)(6)(B). Pub. L. 110–244, §201(d)(2), substituted “subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.” for “subsection.”
Subsec. (m)(2)(A). Pub. L. 110–244, §201(d)(3), substituted “Capital” for “Major capital” in heading.
Subsec. (m)(7)(B). Pub. L. 110–244, §201(d)(4), substituted “section 3045” for “section 3039” in introductory provisions.
2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (p) providing for grants and loans to assist State and local governmental authorities in financing capital projects related to fixed guideway systems, capital projects needed for an efficient and coordinated mass transportation system, the capital costs of coordinating mass transportation with other transportation, the introduction of new technology, and mass transportation projects to meet the special needs of elderly individuals and individuals with disabilities.
Subsec. (m)(1). Pub. L. 109–40, §7(a)(1), substituted “July 30, 2005” for “July 27, 2005” in introductory provisions.
Pub. L. 109–37, §7(a)(1), substituted “July 27, 2005” for “July 21, 2005” in introductory provisions.
Pub. L. 109–35, §7(a)(1), substituted “July 21, 2005” for “July 19, 2005” in introductory provisions.
Pub. L. 109–20, §7(a)(1), substituted “July 19, 2005” for “June 30, 2005” in introductory provisions.
Pub. L. 109–14, §7(a)(1), substituted “June 30, 2005” for “May 31, 2005” in introductory provisions.
Subsec. (m)(2)(B)(iii). Pub. L. 109–40, §7(a)(2), substituted “
Pub. L. 109–37, §7(a)(2), substituted “
Pub. L. 109–35, §7(a)(2), substituted “
Pub. L. 109–20, §7(a)(2), substituted “
Pub. L. 109–14, §7(a)(2), substituted “
Subsec. (m)(3)(B). Pub. L. 109–40, §7(a)(3), substituted “$2,470,000” for “$2,465,754” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(a)(3), substituted “$2,465,754” for “$2,430,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(a)(3), substituted “$2,430,000” for “$2,400,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(a)(3), substituted “$2,400,000” for “$2,250,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(a)(3), substituted “$2,250,000” for “$2,000,000” and “June 30, 2005” for “May 31, 2005”.
Subsec. (m)(3)(C). Pub. L. 109–40, §7(a)(4), substituted “$41,506,850” for “$41,095,900” and “July 30, 2005” for “July 27, 2005”.
Pub. L. 109–37, §7(a)(4), substituted “$41,095,900” for “$40,500,000” and “July 27, 2005” for “July 21, 2005”.
Pub. L. 109–35, §7(a)(4), substituted “$40,500,000” for “$40,000,000” and “July 21, 2005” for “July 19, 2005”.
Pub. L. 109–20, §7(a)(4), substituted “$40,000,000” for “$37,500,000” and “July 19, 2005” for “June 30, 2005”.
Pub. L. 109–14, §7(a)(4), substituted “$37,500,000” for “$33,333,333” and “June 30, 2005” for “May 31, 2005”.
2004—Subsec. (m)(1). Pub. L. 108–310, §8(a)(1), inserted “and for the period of October 1, 2004, through May 31, 2005” after “2004” in introductory provisions.
Pub. L. 108–280, §7(a)(1)(A), struck out “2003 and for the period of October 1, 2003, through July 31,” before “2004” in introductory provisions.
Pub. L. 108–263, §7(a)(1)(A), substituted “July 31, 2004” for “June 30, 2004” in introductory provisions.
Pub. L. 108–224, §7(a)(1)(A), substituted “June 30, 2004” for “April 30, 2004” in introductory provisions.
Pub. L. 108–202, §9(a)(1)(A), substituted “April 30, 2004” for “February 29, 2004” in introductory provisions.
Subsec. (m)(1)(A). Pub. L. 108–280, §7(a)(1)(B), substituted “, except for fiscal year 2004 during which $1,206,506,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $999,489,679 will be available”.
Pub. L. 108–263, §7(a)(1)(A), (B), substituted “July 31, 2004” for “June 30, 2004” and “$999,489,679” for “$899,540,711”.
Pub. L. 108–224, §7(a)(1)(B), substituted “June 30, 2004, during which $899,540,711 will be available” for “April 30, 2004, during which $699,642,775 will be available”.
Pub. L. 108–202, §9(a)(1)(B), inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $699,642,775 will be available” after “modernization”.
Subsec. (m)(1)(B). Pub. L. 108–280, §7(a)(1)(C), substituted “, except for fiscal year 2004 during which $1,323,794,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $1,096,653,013 will be available”.
Pub. L. 108–263, §7(a)(1)(A), (C), substituted “July 31, 2004” for “June 30, 2004” and “$1,096,653,013” for “$986,987,712”.
Pub. L. 108–224, §7(a)(1)(C), substituted “June 30, 2004, during which $986,987,712 will be available” for “April 30, 2004, during which $767,657,109 will be available”.
Pub. L. 108–202, §9(a)(1)(C), inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $767,657,109 will be available” before the semicolon.
Subsec. (m)(1)(C). Pub. L. 108–280, §7(a)(1)(D), substituted “, except for fiscal year 2004 during which $607,200,000 will be available” for “, except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $503,014,600 will be available”.
Pub. L. 108–263, §7(a)(1)(A), (D), substituted “July 31, 2004” for “June 30, 2004” and “$503,014,600” for “$452,713,140”.
Pub. L. 108–224, §7(a)(1)(D), which directed the amendment of subpar. (C) without providing closing quotation marks designating the provisions to be inserted, was executed by substituting “2003, and ending on June 30, 2004, during which $452,713,140 will be available” for “2003 and ending on April 30, 2004, during which $352,110,220 will be available”, to reflect the probable intent of Congress.
Pub. L. 108–202, §9(a)(1)(D), inserted “, except for the period beginning on October 1, 2003 and ending on April 30, 2004, during which $352,110,220 will be available” after “facilities”.
Subsec. (m)(2)(B)(i). Pub. L. 108–280, §7(a)(2)(A), substituted “2004” for “2003”.
Subsec. (m)(2)(B)(iii). Pub. L. 108–310, §8(a)(2), added cl. (iii).
Pub. L. 108–280, §7(a)(2)(B), struck out heading and text of cl. (iii). Text read as follows: “Of the amounts made available under paragraph (1)(B), $8,615,533 shall be available for the period beginning on October 1, 2003, and ending on July 31, 2004, for capital projects described in clause (i).”
Pub. L. 108–263, §7(a)(2), inserted cl. (iii) and struck out heading and text of former cl. (iii). Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $7,753,980 shall be available for the period beginning on October 1, 2003, and ending on June 30, 2004, for capital projects described in clause (i).”
Pub. L. 108–224, §7(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $6,066,667 shall be available for the period beginning on October 1, 2003, and ending on April 30, 2004, for capital projects described in clause (i).”
Pub. L. 108–202, §9(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: “Of the amounts made available under paragraph (1)(B), $4,333,333 shall be available for the period of October 1, 2003, through February 29, 2004, for capital projects described in clause (i).”
Subsec. (m)(3)(B). Pub. L. 108–310, §8(a)(3), inserted “(and $2,000,000 shall be available for the period October 1, 2004, through May 31, 2005)” after “2004”.
Pub. L. 108–280, §7(a)(3), substituted “2004” for “2003 (and $2,485,250 shall be available for the period October 1, 2003, through July 31, 2004)”.
Pub. L. 108–263, §7(a)(3), substituted “$2,485,250” for “$2,236,725” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(a)(3), substituted “$2,236,725” for “$1,750,000” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(a)(3), substituted “$1,750,000” for “$1,250,000” and “April 30, 2004” for “February 29, 2004”.
Subsec. (m)(3)(C). Pub. L. 108–310, §8(a)(4), inserted “, and $33,333,333 shall be available for the period October 1, 2004, through May 31, 2005,” after “2004)”.
Pub. L. 108–280, §7(a)(4), substituted “1999 through 2004” for “1999 through 2003”, “$50,000,000” for “$41,420,833”, and “fiscal year 2004” for “the period October 1, 2003, through July 31, 2004”.
Pub. L. 108–263, §7(a)(4), substituted “$41,420,833” for “$37,278,750” and “July 31, 2004” for “June 30, 2004”.
Pub. L. 108–224, §7(a)(4), substituted “$37,278,750” for “$28,994,583” and “June 30, 2004” for “April 30, 2004”.
Pub. L. 108–202, §9(a)(4), substituted “$28,994,583 shall be transferred to and administered under section 5309 for buses and bus facilities” for “$20,833,334 shall be available” and “April 30, 2004” for “February 29, 2004”.
Subsec. (o)(3). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.
2003—Subsec. (m)(1). Pub. L. 108–88, §8(a)(1), inserted “and for the period of October 1, 2003, through February 29, 2004” after “2003”.
Subsec. (m)(2)(B). Pub. L. 108–88, §8(a)(2), added cl. (iii).
Subsec. (m)(3)(B). Pub. L. 108–88, §8(a)(3), inserted “(and $1,250,000 shall be available for the period October 1, 2003, through February 29, 2004)” after “2003”.
Subsec. (m)(3)(C). Pub. L. 108–88, §8(a)(4), inserted “(and $20,833,334 shall be available for the period October 1, 2003, through February 29, 2004)” after “2003”.
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, §3009(a), substituted “Capital investment” for “Discretionary” in section catchline.
Subsec. (a)(1)(E) to (H). Pub. L. 105–178, §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, §3009(d), amended subsec. (c) generally, substituting “[Reserved.]” for former heading and text which read as follows:
“(c)
“(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, §3009(k)(1), as added by Pub. L. 105–206, §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, §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, §3009(h)(1), amended subsec. (f) generally, substituting “[Reserved.]” for former heading and text which read as follows:
“(f)
“(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, §3009(f)(1), substituted “Funding” for “Financing” in heading.
Subsec. (g)(1)(B). Pub. L. 105–178, §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, §3009(f)(2), substituted “full funding” for “full financing”.
Subsec. (g)(4). Pub. L. 105–178, §3009(k)(2), as added by Pub. L. 105–206, §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, §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, §3009(k)(3), as added by Pub. L. 105–206, §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, §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, §3009(h)(3)(D), as added by Pub. L. 105–206, §9009(h)(3), substituted “in a manner satisfactory” for “in a way satisfactory”.
Subsec. (o). Pub. L. 105–178, §3009(i), added subsec. (o) relating to reports.
Subsec. (p). Pub. L. 105–178, §3009(j), added subsec. (p).
1997—Subsec. (m)(1). Pub. L. 102–240, §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, §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, §5(12)(B), substituted “paragraph (2)” for “paragraph (1)(B)”.
Subsec. (g)(1)(B). Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (m)(1)(A). Pub. L. 104–287, §5(12)(C), inserted “rail” before “fixed guideway modernization”.
Subsec. (m)(3). Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
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.
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.
Pub. L. 111–117, div. A, title I, §173, Dec. 16, 2009, 123 Stat. 3066, provided that: “Hereafter, for interstate multi-modal projects which are in Interstate highway corridors, the Secretary shall base the rating under section 5309(d) of title 49, United States Code, of the non-New Starts share of the public transportation element of the project on the percentage of non-New Starts funds in the unified finance plan for the multi-modal project: Provided, That the Secretary shall base the accounting of local matching funds on the total amount of all local funds incorporated in the unified finance plan for the multi-modal project for the purposes of funding under chapter 53 of title 49, United States Code[,] and title 23, United States Code: Provided further, That the Secretary shall evaluate the justification for the project under section 5309(d) of title 49, United States Code, including cost effectiveness, on the public transportation costs and public transportation benefits.”
Pub. L. 110–244, title II, §201(p), June 6, 2008, 122 Stat. 1615, provided that: “In carrying out section 5309(d)(3)(D) of title 49, United States Code, the Secretary of Transportation shall specifically analyze, evaluate, and consider—
“(1) the congestion relief, improved mobility, and other benefits of transit tunnels in those projects which include a transit tunnel; and
“(2) the associated ancillary and mitigation costs necessary to relieve congestion, improve mobility, and decrease air and noise pollution in those projects which do not include a transit tunnel, but where a transit tunnel was one of the alternatives analyzed.”
Pub. L. 109–59, title III, §3011(c), Aug. 10, 2005, 119 Stat. 1588, as amended by Pub. L. 111–147, title IV, §437(b)(1), Mar. 18, 2010, 124 Stat. 92; Pub. L. 111–322, title II, §2307(b)(1), Dec. 22, 2010, 124 Stat. 3530; Pub. L. 112–5, title III, §307(b)(1), Mar. 4, 2011, 125 Stat. 21; Pub. L. 112–30, title I, §137(b)(1), Sept. 16, 2011, 125 Stat. 354, provided that:
“(1)
“(2)
“(3)
“(A) An identification of the new fixed guideway capital project that has not entered into a full funding grant agreement or project construction grant agreement with the Federal Transit Administration.
“(B) A schedule and finance plan for the construction of and operation of the proposed project.
“(C) An analysis of the costs, benefits, and efficiencies of the proposed public-private partnership agreement.
“(4)
“(A) State and local laws permit public-private agreements for all phases of project development, construction, and operation of the project;
“(B) the recipient is unable to advance the project due to fiscal constraints; and
“(C) the plan implementing the public-private partnership is justified.
“(5)
“(6)
Pub. L. 105–200, title IV, §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.”
Pub. L. 105–178, title III, §3010, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 105–206, title IX, §9009(i), July 22, 1998, 112 Stat. 856, provided that:
“(a)
“(b)
“(1)
“(2)
Pub. L. 105–178, title III, §3037, June 9, 1998, 112 Stat. 387, as amended by Pub. L. 105–206, title IX, §9009(w), July 22, 1998, 112 Stat. 862; Pub. L. 108–88, §8(l), Sept. 30, 2003, 117 Stat. 1124; Pub. L. 108–202, §9(l), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108–224, §7(l), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108–263, §7(l), June 30, 2004, 118 Stat. 707; Pub. L. 108–280, §7(l), July 30, 2004, 118 Stat. 884; Pub. L. 108–310, §8(l), Sept. 30, 2004, 118 Stat. 1157; Pub. L. 109–14, §7(k), May 31, 2005, 119 Stat. 333; Pub. L. 109–20, §7(k), July 1, 2005, 119 Stat. 355; Pub. L. 109–35, §7(k), July 20, 2005, 119 Stat. 388; Pub. L. 109–37, §7(k), July 22, 2005, 119 Stat. 403; Pub. L. 109–40, §7(k), July 28, 2005, 119 Stat. 420, which authorized the Secretary of Transportation to make access to jobs grants and reverse commute grants to assist qualified entities in financing eligible projects, was repealed by Pub. L. 109–59, title III, §3018(c), Aug. 10, 2005, 119 Stat. 1605, effective Oct. 1, 2005. See section 5316 of this title.
Pub. L. 91–453, §10, Oct. 15, 1970, 84 Stat. 968, as amended by Pub. L. 102–240, title III, §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.”
1 So in original. Probably should be “criterion”.
2 See References in Text note below.