The Federal Transit Act, as Amended through August 10, 2005, and Related Laws (2007)

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257 APPENDIX D OMITTED, REPEALED, AND SUPERCEDED SECTIONS Sections 5 and 17 of the Federal Transit Act were not included in chapter 53 when Public Law 103-272 codified the Federal Transit Act. Urban Mass Transit Program (49 U.S.C. app. § 1604) SECTION 5.572 (a)(1)(A) To make grants for construction or operating assistance purposes under this subsection, the Secretary shall apportion for expenditure in fiscal years 1975 through 1980 the sums authorized by subsection (c)(1) of this section and appropriated pursuant to subsection (c)(2) of this section. For subsequent fiscal years, the Secretary shall apportion the sums appropriated pursuant to subparagraph (B) of this paragraph. Such sums shall be made avail- able for expenditure in urbanized areas or parts thereof on the basis of a formula under which urbanized areas or parts thereof will be entitled to receive an amount equal to the sum of— (i) one-half of the total amount so apportioned multiplied by the ratio which the population of such urban- ized area or part thereof, as designated by the Bureau of Census, bears to the total population of all the ur- banized areas in all the States as shown by the latest available Federal census; and (ii) one-half of the total amount so apportioned multiplied by a ratio for that urbanized area determined on the basis of population weighted by a factor of density, as determined by the Secretary. As used in this section, the term “density” means the number of inhabitants per square mile. (B) There are authorized to be appropriated for the purposes of this paragraph, $900,000,000 for the fiscal year ending September 30, 1981, and $850,000,000 for the fiscal year ending September 30, 1982.573 (2)(A) To make grants for construction or operating assistance purposes under this subsection, the Secretary shall apportion for expenditure in each fiscal year the sums appropriated pursuant to subparagraph (C) of this paragraph. (i) Eighty-five per centum of such sums shall be made available for expenditure in only those urbanized areas or parts thereof with a population of 750,000 or more, and on the basis of a formula under which such urbanized areas or parts thereof will be entitled to receive an amount equal to the sum of— (1) one-half of the total amount so apportioned multiplied by the ratio which the population of such an urbanized area or part thereof, as designated by the Bureau of the Census, bears to the total popula- tion of all such urbanized areas in all the States as shown by the latest available Federal census; and (2) one-half of the total amount so apportioned multiplied by a ratio for that urbanized area deter- mined on the basis of population weighted by a factor of density, as determined by the Secretary. As used in the preceding sentence, the term “density” means the number of inhabitants per square mile. (ii) Fifteen per centum of such sums shall be made available for expenditure in only those urbanized ar- eas or parts thereof with a population of less than 750,000 and on the basis of a formula under which such urbanized areas or parts thereof will be entitled to receive an amount equal to the sum of— (1) one-half of the total amount so apportioned multiplied by the ratio which the population of such an urbanized area or part thereof, as designated by the Bureau of the Census, bears to the total popula- tion of all such urbanized areas in all the States as shown by the latest available Federal census; and (2) one-half of the total amount so apportioned multiplied by a ratio for that urbanized area deter- mined on the basis of population weighted by a factor of density, as determined by the Secretary. As used in the preceding sentence, the term “density” means the number of inhabitants per square mile. (B) There are authorized to be appropriated for the purposes of this paragraph $250,000,000 for the fiscal years ending September 30, 1979; $250,000,000 for the fiscal year ending September 30, 1980; $250,000,000 for the fiscal year ending September 30, 1981; and $165,000,000574 for the fiscal year ending September 30, 1982. (3)(A) To make grants for construction and operating assistance projects under this subsection involving com- muter rail or other fixed guideway systems, the Secretary shall apportion for expenditure in each fiscal year the sums appropriated pursuant to subparagraph (B) of this paragraph. Such sums shall be made available for expendi- ture in urbanized areas or parts thereof on the basis of a formula under which urbanized areas or parts thereof will be entitled to receive an amount equal to the sum of— 572 Subsec. 304(a) of Pub. L. No. 95-599 substituted new subsecs. (a) and (b). Former subsec. (a) was entirely definitional. Those provi- sions were shifted to § 12(c) by sec. 306 of Pub. L. No. 45-599, 92 Stat. 2746. 573 Sec. 1111 of Pub. L. No. 97-35 inserted “$900,000,000 in the fiscal year ending September 30, 1981 and $850,000,000 for the fiscal year ending September 30, 1982” to replace “$900,000,000 in each fiscal year ending September 30, 1981, and September 30, 1982”. 574 Sec. 1111 of Pub. L. No. 97-35 inserted “$165,000,000” to replace “$250,000,000”.

258 (i) two-thirds of the total amount to be apportioned as follows: one-half multiplied by a ratio which the number of commuter rail train miles operated within or serving the urbanized area in the prior fiscal year bears to the total number of commuter rail train miles operated in or serving all urbanized areas in the prior fiscal year, and one-half multiplied by a ratio which the number of commuter rail route miles operated within or serving the urbanized area in the prior fiscal year bears to the total number of commuter rail route miles operated in or serving all urbanized areas in the prior fiscal year. No single eligible State's por- tion of an urbanized area shall receive in any fiscal year less than one-half per centum or more than thirty per centum of the sums appropriated for such fiscal years pursuant to this clause; (ii) one-third of the total amount to be apportioned multiplied by the ratio that the number of fixed guideway system route miles (excluding commuter rail route miles) in the urbanized area in the prior fiscal year bears to the total number of such fixed guideway system route miles (excluding commuter rail route miles) in all urbanized areas in the prior fiscal year. For the purposes of the calculation to be made under this subparagraph, no single State's portion of an urbanized area shall receive more than 30 per centum of the sums appropriated for such fiscal year pursuant to this clause. Sums apportioned under this paragraph shall be available for expenditure only for capital or operating assistance projects involving commuter rail or other fixed guideway systems, except that such sums may also be available for expenditure for bus and bus related facilities if there are no commuter rail or fixed guideway systems in operation and attributable to the urbanized area in the fiscal year of apportionment.575 (B) There are authorized to be appropriated for the purposes of this paragraph, $115,000,000 for the fiscal year ending September 30, 1979; $130,000,000 for the fiscal year ending September 30, 1980; $145,000,000 for the fiscal year ending September 30, 1981; and $90,000,000576 for the fiscal year ending September 30, 1982. (4)(A) To make grants under this subsection for the purchase of buses and related equipment, or the construction of bus related facilities, the Secretary shall apportion in each fiscal year the sums appropriated pursuant to sub- paragraph (B) of this paragraph. In fiscal years 1979 and 1980, the apportionments shall be made in accordance with the population density formula set out in subsection (a)(1)(A) of this section. Sums apportioned under this paragraph shall be available only for projects for the purchase of buses and related equipment, in the construction of bus related facilities, except that projects assisted pursuant to section 3(h) of this Act may utilize funds apportioned under this section for any eligible construction project. (B) There are authorized to be appropriated for the purposes of this paragraph $300,000,000 for fiscal year ending September 30, 1979; $300,000,000 for the fiscal year ending September 30, 1980; $370,000,000 for the fiscal year ending September 30, 1981; and $375,000,000577 for the fiscal year ending September 30, 1982. (b)(1) The Governor, responsible local officials, and publicly owned operators of mass transportation services, in accor- dance with the planning process required under section 8 of this Act, with the concurrence of the Secretary, shall desig- nate a recipient or recipients to receive and dispense the funds apportioned under subsection (a) that are attributable to urbanized areas of 200,000 or more population. In any case in which a statewide or regional agency or instrumentality is responsible under State laws for the financing, construction and operation, directly, by lease, contract or otherwise, of public transportation services, such agency or instrumentality shall be the recipient to receive and dispense such funds. The term "designated recipient" as used in this section shall refer to the recipient selected according to the procedures required by this paragraph. (2) Sums apportioned under subsection (a) not made available for expenditure by designated recipients in accor- dance with the terms of paragraph (1) of this subsection shall be made available to the Governor for expenditures in urbanized areas or parts thereof in accordance with the planning process required under section 8 of this Act and shall be fairly and equitably distributed. Any funds apportioned for fiscal year 1982 or 1983 under subsection (a) of this section for expenditure in an urbanized area with a population of less than 200,000 may be expended in an ur- banized area with a population of 200,000 or more.578 The Governor shall submit annually a report to the Secretary concerning the allocation of funds made available under this paragraph. (c)(1) To finance grants under this section, the Secretary may incur obligations on behalf of the United States in the form of grants, contracts, agreements, or otherwise in an aggregate amount not to exceed $3,975,000,000. here are au- thorized to be appropriated for liquidation of the obligations incurred under this paragraph not to exceed $300,000,000 prior to the close of fiscal year 1975; not to exceed $500,000,000 prior to the close of fiscal year 1976; not to exceed $650,000,000 prior to the close of fiscal year 1977; not to exceed $775,000,000 prior to the close of fiscal year 1978; not to exceed $850,000,000 prior to the close of fiscal year 1979; and not to exceed $900,000,000 prior to the close of fiscal year 1980. Sums so appropriated shall remain available until expended. 575 Sec. 1604 of Pub. L. No. 98-396 added the words after the comma to this sentence. 576 Sec. 1111 of Pub. L. No. 97-35 inserted $90,000,000 to replace $160,000,000. 577 Sec. 1111 of Pub. L. No. 97-35 inserted $375,000,000 to replace $455,000,000. 578 Sec. 101(e) of Pub. L. No. 99-190 added this sentence regarding expenditure of funds apportioned for fiscal year 1982 or 1983 under subsec. (a).

259 (2)579 In addition to sums authorized in paragraph (1) of this subsection, there is authorized to be appropriated for the fiscal year ending September 30, 1980, the additional amount of $125,000,000. This amount shall be available for apportionment pursuant to subsection (a)(1) of this section. (3)580 Appropriations pursuant to this section shall be available until expended. (4)581 82 Sums apportioned under this section shall be available for obligation by the Governor or designated re- cipient for a period of three years following the close of the fiscal year for which such sums are apportioned. Any amounts so apportioned remaining unobligated at the end of such period shall be added to the amount available for apportionment under this section for the succeeding fiscal year, except that any funds authorized by section 5(a) (3) and (4) which are so reapportioned shall remain subject to the limitations applicable to the original apportionment of such funds. (5)582 Apportionments under this section for fiscal year 1975 shall be deemed583 to have lapsed on September 30, 1977, and apportionments under this section for fiscal year 1976 shall be deemed to have lapsed on September 30, 1978.584 (d)(1) The Secretary may approve as a project under this section, on such terms and conditions as he may prescribe, (A) the acquisition, construction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation services, and (B) the payment of operating expenses to improve or to continue such service by operation, lease, contract, or otherwise. (2) The Secretary shall issue such regulations as he deems necessary to administer this subsection and subsection (e), including regulations regarding maintenance of effort by State, local governments, and local public bodies, the appropriate definition of operating expenses, and requirements for improving the efficiency of transit services. (e) The Federal grant for any construction project under this section shall not exceed 80 per centum of the cost of the construction project, as determined under section 4(a) of this Act. The Federal grant for any project for the payment of subsidies for operating expenses shall not exceed 50 per centum of the cost of such operating expense project. The re- mainder shall be provided in cash, from sources other than Federal funds or revenues from the operation of public mass transportation systems. Any public or private transit system funds so provided shall be solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital. (f)585 Federal funds available for expenditure for mass transportation projects under this section and apportioned for fiscal years ending prior to October 1, 1981, shall be supplementary to and not in substitution for the average amount of State and local government funds and other transit revenues such as advertising concessions, and property leases, ex- cluding reimbursement payments for the transportation of school children, expended on the operation of mass transpor- tation service in the area involved for the two fiscal years preceding the fiscal year for which the funds are made avail- able; provided, however, that if such State and local government funds or other transit revenues are reduced, there shall be no loss of Federal assistance under this section if such reduction is offset by an increase in operating revenues through changes in fare structure. Nothing in the preceding sentence shall be construed as preventing State or local tax revenues which are used for the operation of mass transportation service in the area involved from being credited (to the extent necessary) toward the non-Federal share of the cost of the project. Where the Secretary finds that a recipient has reduced operating costs without reducing service levels the recipient shall be entitled to make a proportionate reduction in the amount of transit revenues required to be expended under this subsection. (g)586 The Secretary shall not approve a grant or loan for a project under this section unless he finds that such project is part of the approved program of projects required by section 8 of this Act, and that the applicant or responsible agency has or will have— (1) the legal, financial, and technical capacity to carry out the proposed project; and (2) satisfactory continuing control, through operation or lease or otherwise, over the use of project facilities and equipment. (h)(1) The Governor or the designated recipient of the urbanized area shall submit to the Secretary for his approval such surveys, plans, specifications, and estimates for each proposed project as the Secretary may require. The Secretary shall act upon such surveys, plans, specifications, and his entering into a grant or contract agreement with respect to any such project shall be a contractual obligation of the Federal Government for the payment of its proportional contri- bution thereto. 579 Sec. 304(b) of Pub. L. No. 95-599 deleted former subsec. (c)(2) and replaced it with this provision. 580 Sec. 304(c) of Pub. L. No. 95-599 added subsec. (c)(3). 581 Sec. 304(c) of Pub. L. No. 95-599 added subsec. (c)(4). 582 Sec. 307(1) of Pub. L. No. 97-424 added subsec. (c)(5). 583 Reserved. 584 Reserved. 585 Sec. 304(d) of Pub. L. No. 95-599 substantially amended subsec. (f). 586 Subsec. 304(e) of Pub. L. No. 95-599 substitutes this subsection for former subsec. (g), which generally required the development of coordinated plans for all projects before their approval by the Secretary. This requirement is now in § 8 of the Act.

260 (2) In approving any project under this section, the Secretary shall assure that possible adverse economic, social, and environmental effects relating to the proposed project have been fully considered in developing the project, and that the final decisions on the project are made in the best overall public interest, taking into consideration the need for fast, safe, and efficient transportation, public services, and conservation of environment and natural resources, and the costs of eliminating or minimizing any such adverse effects, including— (A) air, noise, and water pollution; (B) destruction or disruption of manmade and natural resources, esthetic values, community cohesion, and the availability of public facilities and services; (C) adverse employment effects, and tax and property value losses; (D) injurious displacement of people, businesses, and farms; and (E) disruption of desirable community and regional growth. (i) Upon submission for approval of a proposed project under this section, the Governor or the designated recipient of the urbanized area shall certify to the Secretary that he or it has conducted public hearings (or has afforded the oppor- tunity for such hearings) and that these hearings included (or were scheduled to include) consideration of the economic and social effects of such project, its impact on the environment, including requirements under the Clean Air Act, the Federal Water Pollution Control Act, and other applicable Federal environmental statutes, and its consistency with the goals and objectives of such urban planning as has been promulgated by the community. Such certification shall be ac- companied by (1) a report which indicates the consideration given to the economic, social, environmental, and other ef- fects of the proposed project, including, for construction projects, the effects of its location or design, and the considera- tion given to the various alternatives which were raised during the hearing or which were otherwise considered, (2) upon the Secretary's request, a copy of the transcript of the hearings,587 and (3) assurances satisfactory to the Secretary that any public mass transportation system receiving financial assistance under such project will not change any fare and will not substantially change any service except (A) after having held public hearings or having afforded an adequate opportunity for such hearings, after adequate public notice, (B) after having given proper consideration to views and comments expressed in such hearings, and (C) after having given consideration to the effect on energy conservation, and the economic, environmental, and social impact of the change in such fare or such service.588 (j)(1) The Secretary may discharge any of his responsibilities under this section589 with respect to a project under this section upon the request of any Governor or designated recipient of the urbanized area by accepting a certification by the Governor or his designee, or by the designated recipient of the urbanized area, if he finds that such project will be car- ried out in accordance with State laws, regulations, directives, and standards establishing requirements at least equiva- lent to those contained in, or issued pursuant to, this section. (2) The Secretary shall make a final inspection or review of each such project upon its completion and shall re- quire an adequate report of its estimated and actual cost, as well as such other information as he determines to be necessary. (3) The Secretary shall promulgate such guidelines and regulations as may be necessary to carry out this subsec- tion. (4) Acceptance by the Secretary of a certification under this section may be rescinded by the Secretary at any time if, in his opinion, it is necessary to do so. (5) Nothing in this section shall affect or discharge any responsibility or obligation of the Secretary under any other Federal law, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f)), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d) et seq.), title VIII of the Act of April 11, 1968 (Public Law 90-284, 42 U.S.C. 3601 et seq.),590 and the Uniform Reloca- tion Assistance and Land Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (k)(1) As soon as practicable after the plans, specifications, and estimates for a specific project under this section have been approved, the Secretary shall enter into a formal project agreement with the Governor, his designee or the desig- nated recipient of the urbanized area. Such project agreement shall make provision for non-Federal funds required for the State's or designated recipient's pro rata share of the cost of the project. (2) The Secretary may rely upon representations made by the applicant with respect to the arrangements or agreements made by the Governor or the designated recipient where a part of the project involved is to be con- structed at the expense of, or in cooperation with, a local subdivision of the State. 587 Sec. 304(f) of Pub. L. No. 95-599 added the word "and" and subsec. (i)(3) to subsec. (i). 588 At least two courts have held that members of the transit-riding public have a private right of action to enforce § 5(i). Cohen v. Mass. Bay Transp. Auth., 647 F.2d 209 (1st Cir. 1981); Stavisky v. Metropolitan Transit Auth., 533 F. Supp. 1146 (E.D.N.Y. 1982). A third court, while not addressing the private right of action issue, has considered the merits of a claim under § 5(i). City of Atlanta v. Metropolitan Atlanta Rapid Transit Auth., 636 F.2d 1084 (5th Cir. 1981). 589 Sec. 327 of Pub. L. No. 100-17 amended subsec. (j)(1) by striking “action”, and replacing it with “section”. 590 Sec. 808(d) of Pub. L. No. 90-284 (42 U.S.C. § 3608(d)) reads as follows: “(d) All executive departments and agencies shall adminis- ter their programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this Title and shall cooperate with the Secretary to further such purposes.”

261 (3) The Secretary is authorized, notwithstanding the provisions of section 3648 of the Revised Statutes, as amended, to make advance or progress payments on account of any grant or contract made pursuant to this section, on such terms and conditions as he may prescribe. (l) The Secretary shall not approve any project under this section unless he finds that such project is needed to carry out a program, meeting criteria established by him, for a unified or officially coordinated urban transportation system as a part of the comprehensively planned development of the urban area, and is necessary for the sound, economic, and desirable development of such area, and that the applicant or responsible agency has the legal, financial, and technical capacity to carry out the proposed project. A project under this section may not be undertaken unless the responsible public officials of the urbanized area in which the project is located have been consulted and, except for projects solely to pay subsidies for operating expenses, their views considered with respect to the corridor, location, and design of the pro- ject.591 (m) The Secretary shall not approve any project under this section unless the applicant agrees and gives satisfactory assurances, in such manner and form as may be required by the Secretary and in accordance with such terms and condi- tions as the Secretary may prescribe, that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment of the project financed with assistance under this sec- tion will not exceed one-half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the applicant or is by another entity under lease or otherwise.592 (n)(1) The provisions of section 13(c) and section 3(e)(4) shall apply in carrying out mass transportation projects under this section. (2) The provision of assistance under this section and section 9593 shall not be construed as bringing within the ap- plication of chapter 15 of title 5, United States Code, any nonsupervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplica- ble. (o)594 Notwithstanding any other provision of this section, any sums apportioned under this section before October 1, 1982, and available for expenditure in any urbanized area or part thereof on such date shall remain available for expen- diture in such area or part in accordance with the provisions of this section until September 30, 1985. Any sums so ap- portioned remaining unobligated on October 1, 1985, shall be added to amounts available for apportionment under sec- tion 9 of this Act for the fiscal year ending September 30, 1986. Emergency Operating Assistance595 (49 U.S.C. app. § 1613) SECTION 17. (a) The Secretary shall provide financial assistance for the purpose of reimbursing— (1) The Consolidated Rail Corporation, the National Railroad Passenger Corporation, other railroads, and, if ap- plicable, the trustee or trustees of a railroad in reorganization in the region (as defined in section 102 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 702)) for the costs of rail passenger service operations conducted at a loss during the 180-day mandatory operation period, as required under section 304(e) of such Act (45 U.S.C. 744(e)).596 Such reimbursement shall cover all costs and otherwise paid by a State or a local or regional transportation author- ity which would have been payable by such State or authority, pursuant to regulations issued by the Office under section 205(d)(5) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 715) if such regulations had been in ef- fect on the date of conveyance of rail properties under section 303(b)(1) of such Act; and (2) States, local public bodies, and agencies thereof for additional costs incurred by such States, bodies, and agen- cies with respect to rail passenger service required by section 304(e)(4) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 744(e)(4)). (b) Financial assistance under subsection (a) of this section shall not apply to intercity rail passenger service provided pursuant to an agreement with the National Railroad Passenger Corporation which was in effect immediately prior to such date of conveyance. (c) Financial assistance provided pursuant to subsection (a) of this section shall be subject to such terms, conditions, requirements, and provisions as the Secretary may deem necessary and appropriate with such reasonable exceptions to 591 This provision is stated as a directive to the Secretary and “not as a grant of substantive private rights enforceable in private liti- gation.” Rapid Transit Advocates v. Southern Cal. Rapid Transit District, 752 F.2d 373, 377 (9th Cir. 1985). 592 The definition of “individual with handicaps” in the Rehabilitation Act does not determine eligibility for the half-fare benefit. The Federal Transit Act's own definition of “handicapped person” is determinative. Marsh v. Skinner, 922 F.2d 112 (2d Cir. 1990), cert. de- nied, 502 U.S. 829 (1991). Sec. 5(m) provides no private right of action on behalf of elderly and handicapped transit riders. County of Westchester v. Koch, 438 N.Y.S.2d 951 (N.Y. Sup. Ct. 1981), aff’d, 450 N.Y.S.2d 388 (N.Y. App. Div. 1st Dept. 1982). 593 Sec. 327 of Pub. L. No. 100-17 inserted the words “and section 9”. 594 Sec. 307 of Pub. L. No. 97-424 added subsec. (o). 595 Sec. 17 was added by sec. 808 of the Rail Revitalization and Regulatory Reform Act of 1976 (Pub. L. No. 94-210, Feb. 5, 1976). 596 Reserved.

262 requirements and provisions otherwise applicable under this Act as the Secretary may deem required by the emergency nature of the assistance authorized by this section. Nothing in this section shall authorize the Secretary to waive the provisions of section 13(c) of this Act; (d) The Federal share of the costs of any rail passenger service required by subsections (c) and (e) of section 304 of the Regional Rail Reorganization Act of 1974 (45 U.S.C. 744(c) and (e)) shall be as follows: (1) 100 percent of the costs eligible under subsections (a)(1) or (a)(2) of this section for the 180-day mandatory op- eration period required by section 304(e) of such Act; (2) 100 percent for the 180-day period following the 180-day mandatory operation period; (3) 90 percent for the 12-month period succeeding the period specified in subparagraph (2) of this subsection; and (4) 80 percent for the period ending September 30, 1978.597 (e) The terms and provisions which are applicable to assistance provided pursuant to this section shall be consistent, insofar as practicable, with the terms and provisions which are applicable to operating assistance under section 5 of this Act. (f)598 To finance assistance under this section, the Secretary may incur obligations on behalf of the United States in the form of grants, contract agreements, or otherwise, in such amounts as are provided in appropriations Acts, in an aggre- gate amount not to exceed $185,000,000. There are authorized to be appropriated for liquidation of the obligations in- curred under this section not to exceed $40,000,000 by September 30, 1976, $95,000,000 by September 30, 1977, and $125,000,000 by September 30, 1978, such sums to remain available until expended. Section 3005(a) of Public Law 109-59 amended section 5303 generally. Before amendment, section 5303 read as fol- lows: Section 5303.599 Metropolitan planning. (a)600 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)601 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, pro- ductivity, and efficiency; (B) increase the safety and security of the transportation system for motorized and nonmotorized users; (C) increase the accessibility and mobility options available 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. 597 Section 312 of Public Law 95-599 amended subsection (d)(4) and deleted prior subsection (d)(5). Prior subsections (d)(4) and (d)(5) had been added by Public Law 95-187. Public Law 95-187 also deleted the last sentence of subsection (d). 598 This subsection was amended by sec. 312 of Pub. L. No. 95-599. 599 Pub. L. No. 103-272 codified portions of § 8 of the Federal Transportation Act to constitute this section; see app. B; omitted various text as surplus in subsecs. (b)(2), (b)(3), (b)(4), (c)(4), (d), (e)(2), (h)(6)(A); added text for clarity in subsec. (f)(3); and substituted text in subsec. (g). Previously, sec. 3012 of Pub. L. No. 102-240 replaced the prior § 8, which was entitled “Planning and Technical Studies”. The prior § 8, as added by sec. 305(b) of Pub. L. No. 95-599 and amended by sec. 310 of Pub. L. No. 100-17 replaced the original § 8, which was entitled “Coordination of Federal Assistance for Highways and for Mass Transportation Facilities”. 600 Sec. 3004(a) of Pub. L. No. 105-178 struck out the former subsec. (a), relating to development requirements, and added this subsec- tion. 601 Sec. 3004(a) of Pub. L. No. 105-178 struck out the former subsec. (b), relating to plan and program factors, and added this subsec- tion.

263 (2) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraph (1) shall not be re- viewable by any court under this title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter af- fecting a transportation plan, a transportation improvement plan, a project or strategy, or the certification of a planning process. (c) DESIGNATING METROPOLITAN PLANNING ORGANIZATIONS.—(1) To carry out the planning process required by this sec- tion and sections 5304–5306 of this title,602 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 represent603 at least 75 percent of the affected population (including the central city or cities, as defined by the Bureau of the Census);604 or (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 of605 local elected officials, of- ficials of public agencies606 that administer or operate major modes of transportation in the metropolitan area (in- cluding 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 plan- ning 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 area607 make designation of more than one organiza- tion appropriate. (4) A designation is effective until— (A) the organization is redesignated under paragraph (5)608 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 represent609 at least 75 percent of the affected population (including the central city as defined by the Secretary of Commerce) may redes- ignate by agreement a metropolitan planning organization when appropriate to carry out this section and sections 5304–5306 of this title.610 (B) A metropolitan planning organization shall be redesignated on request of one or more units of general lo- cal government representing at least 25 percent of the affected population (including the central city or cities, as defined by the Bureau of the Census)611 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.)). (C) A metropolitan planning organization shall be redesignated using procedures established to carry out this paragraph. 602 Sec. 2(4)(A) of Pub. L. No. 105-102 inserted “and sections 5304-5306 of this title”. 603 Sec. 3004(b)(5)(A) of Pub. L. No. 105-178, formerly § 3004(b)(4)(A), as renumbered by sec. 9009(b)(1)(C), (D) of Pub. L. No. 105-206, substituted “general purpose local government that together represent” for “general local government representing”. 604 Sec. 3004(b)(1)(B) of Pub. L. No. 105-178 struck “as defined by the Secretary of Commerce)” and inserted “or cities, as defined by the Bureau of the Census)”. 605 Sec. 3004(b)(2) of Pub. L. No. 105-178 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 met- ropolitan area designated as a transportation management area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include”. 606 Sec. 3004(b)(2) of Pub. L. No. 105-178 substituted “officials of public agencies” for “officials of authorities”. 607 Sec. 3004(b)(3) of Pub. L. No. 105-178, as amended by sec. 9009(b)(1)(B) of Pub. L. No. 105-206, 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”. 608 Sec. 3004(b)(4) of Pub. L. No. 105-178, as added by sec. 9009(b)(1)(E) of Pub. L. No. 105-206, substituted “Paragraph (5)” for “para- graph (3)”. This could not be executed, as § 2(4)(B) of Pub. L. No. 105-102 had already directed that the same amendment be made. 609 Sec. 3004(b)(5)(A) of Pub. L. No. 105-178, formerly § 3004(b)(4)(A), as renumbered and amended by sec. 9009(b)(1)(C), (D) of Pub. L. No. 105-206, struck “general local government representing” and inserted “general purpose local government that together represent”. 610 Sec. 2(4)(C) of Pub. L. No. 105-102 inserted “and sections 5304-5306 of this title”. 611 Sec. 3004(b)(5)(B) of Pub. L. No. 105-178, formerly § 3004(b)(4)(B), as renumbered by sec. 9009(b)(1)(D) of Pub. L. No. 105-206, substituted “or cities, as defined by the Bureau of the Census)” for “as defined by the Secretary of Commerce)”.

264 (D)612 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 au- thority 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 PLANNING613 AREA BOUNDARIES.— (1) 614 IN GENERAL.—To carry out this section, the metropolitan planning organization and the chief executive offi- cer 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 urban- ized 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); (C) may encompass the areas described in paragraph (2)(B); 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 appro- priate 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,615 not in conflict with a law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section re- lated to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective.616 (3) If more than one metropolitan planning organization has authority in a metropolitan area or an area desig- nated a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each or- ganization 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)617 The Secretary shall encourage each metropolitan planning organization to coordinate, to the maximum ex- tent 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 or- ganizations) that receive Governmental618 assistance from a source other than the Department of Transporta- tion to provide non-emergency transportation services. 612 Sec. 3004(b)(5)(C) of Pub. L. No. 105-178, formerly § 3004(b)(4)(C), as renumbered by sec. 9009(b)(1)(D) of Pub. L. No. 105-206, added this subparagraph. 613 Sec. 3004(c) of Pub. L. No. 105-178 inserted “Planning”. 614 Sec. 3004(c) of Pub. L. No. 105-178 made the existing provision into para. (1), including section heading; inserted “planning” before “area”; and substituted paras. (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 pe- riod 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. 615 Sec. 3004(d)(1) of Pub. L. No. 105-178 inserted “or compact”. 616 Sec. 3004(d)(1) of Pub. L. No. 105-178 substituted “making the agreements and compacts effective” for “making the agreements ef- fective”. 617 Sec. 3004(d)(2) of Pub. L. No. 105-178, as amended by sec. 9009(b)(2), Pub. L. No. 105-206, added paras. (4) through (6). 618 So in original. Probably should not be capitalized.

265 (5) COORDINATION.—If a project is located within the boundaries of more than one metropolitan planning organiza- tion, 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 Ta- hoe 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. (C) INTERSTATE COMPACT.— (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 be- tween 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 man- agement 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 ti- tle 23, United States Code. (f) DEVELOPING LONG-RANGE TRANSPORTATION PLANS.619—(1) Each metropolitan planning organization shall prepare and update periodically, according to a schedule the Secretary of Transportation decides is appropriate, a long-range plan620 for its metropolitan area under the requirements of this section. The plan shall be in the form the Secretary con- siders appropriate and at least shall— (A) identify transportation facilities (including major roadways, mass transportation, and multimodal and in- termodal facilities) that should function as an integrated metropolitan transportation system, emphasizing transportation facilities that serve important national, regional, and metropolitan transportation functions;621 (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)622 recommends any additional financing strategies for needed projects and programs; (C)623 identify transportation strategies necessary— 619 Sec. 3004(e)(5) of Pub. L. No. 105-178 substituted this heading for “Developing Long-Range Plans”. 620 Sec. 3004(e)(6) of Pub. L. No. 105-178 amended this subsection by striking “long-range plans” each place it appears and inserting “long-range transportation plans”. This amendment could not be executed because the phrase in the subsection is “long-range plan”. 621 Sec. 3004(e)(1)(A) of Pub. L. No. 105-178 substituted “national…functions” for “United States and regional transportation func- tions”. 622 Sec. 3004(e)(1)(B) of Pub. L. No. 105-178 added this clause, striking former cl. (iii), which read as follows: “recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects and programs;”. 623 Sec. 3004(e)(1)(C) of Pub. L. No. 105-178 added this subparagraph, striking former subpara. (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, resurfac- ing, restoration, and rehabilitation of existing and future major roadways, and operations, maintenance, modernization, and rehabilitation of exist- ing 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

266 (i) to ensure preservation, including requirements for management, operation, modernization, and reha- bilitation, 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)624 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 organiza- tion and the State shall cooperatively develop estimates of funds that will be available to support plan imple- mentation. (2) When formulating a long-range plan, the metropolitan planning organization shall consider the factors de- scribed in subsection (b)625 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 par- ticipants in the planning process.626 (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,627 private providers of transportation, representatives of users of public transit,628 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 otherwise629 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)630 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, de- sign, 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 en- sure that amounts made available under subsection (c) or (h)(1) of section 5338631 of this title to carry out this section and sections 5304 and 5305632 of this title are used to support balanced and comprehensive transportation planning that con- siders 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. 624 Sec. 3004(f)(1)(C) of Pub. L. No. 105-178, as added by sec. 9009(b)(3) of Pub. L. No. 105-206, added this subparagraph. 625 Sec. 5(10)(A) of Pub. L. No. 104-287 struck “subsection (e)” and inserted “subsection (b)”. 626 Sec. 3004(e)(2) of Pub. L. No. 105-178 substituted “and any State…participants in the planning process” for “as they are related to a 20-year forecast period”. 627 Sec. 3004(e)(3) of Pub. L. No. 105-178 inserted “freight shippers, providers of freight transportation services,”. 628 Sec. 3004(e)(3) of Pub. L. No. 105-178 inserted “representatives of users of public transit,”. 629 Sec. 3004(e)(4) of Pub. L. No. 105-178 inserted “published or otherwise”. 630 Sec. 3004(f)(2) of Pub. L. No. 105-178, as added by sec. 9009(b)(3) of Pub. L. No. 105-206, added this paragraph. 631 Sec. 3029(b)(1) of Pub. L. No. 105-78 struck “section 5338(g)(1)” and inserted “subsection (c) or (h)(1) of section 5338” here and in (h)(2)(A) and (h)(3)(A). 632 Sec. 3029(b)(2) of Pub. L. No. 105-78 struck “—5306” and inserted “and 5305”.

267 (B) Amounts apportioned to a State under subparagraph (A) of this paragraph shall be allocated to metropoli- tan 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. (C) A State shall make amounts available promptly to eligible 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 sub- section for metropolitan planning organizations. (B) Amounts under this paragraph shall be allocated under a formula that reflects the additional cost of car- rying 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 plan- ning 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 re- duction in other amounts made available to carry out subsection (c) or (h)(1) of section 5338633 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. Section 3006(a) of Public Law 109-59 amended section 5304 generally. Before amendment, section 5304 read as fol- lows: Section 5304.634 Transportation improvement program. (a) DEVELOPMENT AND UPDATE.— (1)635 IN GENERAL.—In cooperation with the State and affected mass transportation operators, a metropolitan plan- ning 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 of- ficer of the State and any affected mass transportation operator, shall provide citizens, affected public agencies, rep- resentatives of transportation authority employees, other affected employee representatives, freight shippers, pro- viders 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.636 The program shall be updated at least once every 2 years and shall be ap- proved by the organization and the chief executive officer of the State. (2)637 FUNDING ESTIMATE.—For the purpose of developing the transportation improvement program, the metropoli- tan 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;638 633 Sec. 3029(b)(3) of Pub. L. No. 105-178 struck “section 5338(g)” and inserted “subsection (c) or (h)(1) of section 5338”; sec. 5(10)(B) of Pub. L. No. 104-287 had substituted “section 5338(g)” for “5338(g)(1)”. 634 Pub. L. No. 103-272 codified portions of § 8 of the Federal Transportation Act to constitute this section; see app. B; and omitted various text as surplus in subsecs. (b)(1), (b)(2)(C), and (c)(1). 635 Sec. 3005(d)(1) of Pub. L. No. 105-178, as added by sec. 9009(c)(2) of Pub. L. No. 105-206, designated existing provisions as para. (1) and inserted heading. 636 Sec. 3005(a) of Pub. L. No. 105-178 struck “the organization” and inserted “the metropolitan planning organization, in cooperation with the chief executive officer of the State and any affected mass transportation operator,” and inserted “other affected employee repre- sentatives, freight shippers, providers of freight transportation services,” after “transportation authority employees,” and “representa- tives of users of public transit,” after “private providers of transportation,”. 637 Sec. 3005(d)(1) of Pub. L. No. 105-178, as added by sec. 9009(c)(2) of Pub. L. No. 105-206, added this paragraph.

268 (C)639 identifies innovative financing techniques to finance projects, programs, and strategies; and (D) may include, for illustrative purposes, additional projects that would be included in the approved trans- portation improvement program if reasonable additional resources beyond those identified in the financial plan were available. (c) PROJECT SELECTION.—(1)640 Except as otherwise provided in section 5305(d)(1) and in addition to the transportation improvement program development required under subsection (b), the selection of federally funded projects for imple- mentation 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 con- sistent 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 avail- able for the project in the period estimated for completion. (3)641 Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a pro- ject included in the approved transportation improvement program in place of another project in the program. (4)642 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 or- ganization to select any project from the illustrative list of additional projects included in the plan under subsec- tion (b)(2) for inclusion in an approved transportation improvement plan. (5)643 PUBLICATION.—(A) A transportation improvement program involving Government participation shall be pub- lished 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 list- ing 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 organi- zation shall provide citizens, affected public agencies, representatives of transportation agency employees, private pro- viders of transportation, and other interested parties with reasonable notice and an opportunity to comment on the pro- posed 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 sec- tion 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. 638 Sec. 3005(d)(2)(A) of Pub. L. No. 105-178, as added by sec. 9009(c)(2) of Pub. L. No. 105-206, struck out “and” at end. 639 Sec. 3005(b) of Pub. L. No. 105-178 added, as subpara. (C), what is now subparas. (C) and (D), and struck the previous subpara. (C), which read as follows: “recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to fi- nance needed projects.”. Sec. 3005(b)(2)(B) of Pub. L. No. 105-178, as added by sec. 9009(c)(2) of Pub. L. No. 105-206, then directed amendment of this subparagraph by substituting “strategies; and” for “strategies which may include”. This was executed by making the substitution for “strategies, which may include” to reflect probable Congressional intent. The remaining provisions of this subparagraph were redesignated as subpara. (D). 640 Sec. 3005(c)(1) of Pub. L. No. 105-178 added this paragraph and struck former para. (1), which read: “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.”. 641 Sec. 3005(c)(2) of Pub. L. No. 105-178 added this paragraph. 642 Sec. 3005(d)(3) of Pub. L. No. 105-178, as added by sec. 9009(c)(2) of Pub. L. No. 105-206, added this paragraph, striking the para. (4) that was added by sec. 3005(c)(2) of Pub. L. No. 105-78: “Notwithstanding subsection (b)(2)(C), a State or metropolitan planning or- ganization 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).”. 643 Sec. 3005(c)(2) of Pub. L. No. 105-78 added this paragraph and para. (6).

269 Section 3007(a) of Public Law 109-59 amended section 5305 generally. Before amendment, section 5305 read as fol- lows: Section 5305.644 Transportation management areas. (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)645 any other area, if requested by the chief executive officer and the metropolitan planning organization desig- nated 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 organiza- tion carries out in cooperation with the State and affected646 mass transportation operators. (c) CONGESTION MANAGEMENT SYSTEM.—The transportation planning 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 transporta- tion facilities eligible for financing under this chapter and title 23.647 (d) PROJECT SELECTION.—(1)648 (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 mainte- nance program shall be selected from the approved transportation improvement program by the State in coop- eration 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 pro- gram. (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)649 (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 organi- zation or mass transportation grant recipient establishes under section 5306(a) of this title for deciding the feasibil- ity of private enterprise participation. 644 Pub. L. No. 103-272 codified portions of § 8 of the Federal Transportation Act to constitute this section; see app. B; omitted various text as surplus in subsecs. (c), (e)(2), and (f); substituted text in subsec. (c); and added text in subsecs. (f) and (g). 645 Sec. 3006(a) of Pub. L. No. 105-178 added this paragraph, striking the previous para. (2), which read: “any other area, including the Lake Tahoe Basin as defined in the Act of December 19, 1980 (Public Law No. 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.”. 646 Sec. 3006(b) of Pub. L. No. 105-178 inserted “affected”. 647 Sec. 3006(c) of Pub. L. No. 105-178 struck out at the end, “The Secretary shall establish a phase-in schedule to comply with sec- tions 5303, 5304, and 5306”. 648 Sec. 3006(d) of Pub. L. No. 105-178, as amended by sec. 9009(d) of Pub. L. No. 105-206, generally amended this paragraph. The former paragraph read: (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 pro- jects to be carried out in the area of the National Highway System or under the Bridge and Interstate Maintenance programs. 649 Sec. 3006(d)(1) of Pub. L. No. 105-178 added this paragraph and struck former para. (2), which read: If the Secretary does not certify before October 1, 1993, that a metropolitan planning organization is carrying out its responsibilities, the Secre- tary 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 con- secutive 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.

270 (4)650 In making certification determinations under this subsection, the Secretary shall provide for public involve- ment 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, includ- ing 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)651 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 Secre- tary 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.). Section 3009(a) of Public Law 109-59 amended section 5307(k) generally. Before amendment, subsection (k), which had been substantially amended by section 3007(f) of Public Law 105-178, read as follows: (k)652 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 preceding653 fiscal year with those funds. Section 3007(h)(2) of Public Law 105-178, as added by section 9009(e) of Public Law 105-206, inserted “preceding.” Section 3010(a) of Public Law 109-59 amended section 5308 generally. Before amendment, section 5308 read as fol- lows: Section 5308.654 Clean fuels formula grant program. 655 (a) DEFINITIONS.—In this section— (1) the term “clean fuel vehicle” means a vehicle that— (A) is powered by— (i) compressed natural gas; 650 Sec. 3006(e)(2) of Pub. L. No. 105-178 added this paragraph. 651 Sec. 3006(f) of Pub. L. No. 105-178 added this subsection. 652 Sec. 3007(f) of Pub. L. No. 105-178 amended the heading and text of this subsection. Before amendment, text read: A certification under subsection (d) of this section and any additional certification required by law to be submitted to the Secretary may be con- solidated 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. 653 Sec. 3007(h)(2) of Pub. L. No. 105-178, as added by sec. 9009(e) of Pub. L. No. 105-206, inserted “preceding”. 654 Pub. L. No. 103-272 codified portions of § 9B of the Federal Transportation Act to constitute this section; see app. B; omitted text as surplus in subsecs. (a) and (b); corrected a cross-reference in subsec. (b); and added text for clarity in subsec. (a). 655 Sec. 3008(a) of Pub. L. No. 105-178 amended section catchline and text generally. Before amendment, § 5308 read as follows: (a) General Authority.—The Secretary of Transportation may make grants under this section to be used only for capital projects (including capi- tal 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. Sec. 313 of Pub. L. No. 100-17 added § 9B of the Federal Transit Act, the precodification version of the original § 5308.

271 (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. (c) APPLICATION.— (1) IN GENERAL.—Not later than January 1 of each year, any designated recipient seeking to apply for a grant un- der 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 popu- lation 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 para- graph (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 pro- ject 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 popula- tion 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 para- graph (2); and

272 (II) the total number of vehicles in the bus fleets 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 pro- vided 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 pro- ject 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 sec- tion 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 nonattain- ment 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 ti- tle I of that Act (42 U.S.C. 7512 et seq.) as a nonattainment area for carbon monoxide, the weighted nonattain- ment 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 des- ignated recipients in accordance with paragraph (1). (e) ADDITIONAL REQUIREMENTS.—

273 (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 percent656 of the amount made available by or appropriated under sec- tion 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 appropri- ated under section 5338 in each fiscal year to carry out this section may be made available to fund retrofitting or re- placement 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. Section 3011(a) of Public Law 109-59 amended section 5309 generally. Before amendment, section 5309 read as fol- lows: Section 5309.657 Capital investment grants and loans. (a)658 GENERAL AUTHORITY.—(1)659 The Secretary of Transportation may make grants and loans under this section to assist State and local governmental authorities in financing— (A)660 capital projects for new fixed guideway systems, and extensions to existing fixed guideway systems, in- cluding 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 engi- neering;661 (B) capital projects, including property and improvements (except public highways other than fixed guideway facilities), needed for an efficient and coordinated mass transportation system; (C) the capital costs of coordinating mass transportation with other transportation; (D) the introduction of new technology, through innovative and improved products, into mass transportation; (E)662 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 indi- viduals and individuals with disabilities;663 and 656 Sec. 3008(c) of Pub. L. No. 105-178, as added by sec. 9009(f) of Pub. L. No. 105-206, substituted “35 percent” for “$50,000,000”. 657 Pub. L. No. 103-272 had codified § 303(b) of Pub. L. No. 100-17, § 502(d) of Pub. L. No. 102-388, and portions of §§ 3 and 4 of the Federal Transportation Act to constitute this section; see app. B; omitted text as surplus or obsolete in subsecs. (a), (b), (f), (g), (h), (i), (m), and (n); substituted text for consistency or clarity in subsecs. (a), (b), (c), (e), (g), (h), (j), and (l); and added text for clarity in subsecs. (b), (d), (e), (f), (i), and (m). 658 Historically, subsec. (a) was amended by secs. 302 and 309 of Pub. L. No. 100-17; by secs. 302, 304, 305, and 313 of Pub. L. No. 97- 424; by sec. 302(a) of Pub. L. No. 95-599; by secs. 101, 102, 104, and 106 of Pub. L. No. 93-503; by sec. 2(2) of Pub. L. No. 91-453; and by Pub. L. No. 90-19. More recent amendments are specified infra. 659 Sec. 5(12)(A)(i) of Pub. L. No. 104-287 inserted “(1)”. 660 Sec. 5(12)(A)(ii) of Pub. L. No. 104-287 redesignated cls. (1) through (7) as cls. (A) through (G), respectively; sec. 5(12)(A)(iii) redes- ignated subcls. (A) and (B) as subcls. (i) and (ii). 661 Sec. 313 of Pub. L. No. 97-424 inserted "and the acquisition of rights-of-way, and relocation, for fixed guideway corridor develop- ment for projects in advanced stages of and such detailed alternatives analyses or preliminary engineering" after "systems.” 662 Sec. 3009(c) of Pub. L. No. 105-178 added this subparagraph and subpara. (F), redesignated former subparas. (F) and (G) as (G) and (H) respectively, and struck out former subpara. (E), which read: transportation projects that enhance urban economic development or incorporate private investment, including commercial and residential de- velopment, 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; 663 Prior to recodification under Pub. L. No. 103-272, substantially similar language to this subparagraph was in a subpara. (E). Sec. 3006(a) of Pub. L. No. 102-240 replaced the prior subpara. (E) with that language. The prior subpara. (E) was added by sec. 302(a) of Pub. L. No. 95-599.

274 (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 trans- portation usage in the corridor.664 (2)665 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 sys- tems as rights of way, station sites, and related purposes, including reconstruction, renovation, the net cost of property management,666 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 pro- ject 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 Transporta- tion. If the planning agency submits comments to the Secretary not later than 30 days after the application is sub- mitted, or, if the agency requests more time within those 30 days, within a period the Secretary establishes, the Sec- retary 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 prop- erty 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 Treas- ury 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 re- pay the loan shall be deposited in the Treasury as miscellaneous receipts. (c) 667 [Reserved.] (d) PROJECT AS PART OF APPROVED PROGRAM OF PROJECTS.—Except as provided in subsections (b)(2) and (e) of this sec- tion, 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 title668 and that an ap- plicant— (1) has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing con- trol over the use of equipment or facilities, and the capability to maintain the equipment or facilities;669 and (2) will maintain the equipment or facilities. (e)670 CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY SYSTEMS.— 664 Sec. 3006(b) of Pub. L. No. 102-240 added this subparagraph. 665 Sec. 5(12)(A)(iii) of Pub. L. No. 104-287 added this paragraph. 666 Sec. 302 of Pub. L. No. 95-599 struck “including the net cost of property management and relocation payments” and inserted “in- cluding reconstruction, renovation, and the net cost of property management”. 667 Sec. 3009(d) of Pub. L. No. 105-178 amended § 5309(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. Sec. 305 of Pub. L. No. 97-424 originally inserted the substituted provision. 668 See supra note 47. 669 Sec. 309(e) of Pub. L. No. 100-17 amended § 3(a)(2)(A) [the predecessor provision] by moving the phrase “has or will have” to after the subclause designation (i), (ii), and (iii), and by adding to subcl. (iii) the phrase “and will maintain such facilities and equipment.” Subcl. (iii) was originally added to § 3(a)(2)(A) by sec. 304(a) of Pub. L. No. 97-424. 670 Sec. 3009(e) of Pub. L. No. 105-178 amended this subsection generally. Before amendment, subsec. (e) related to applicability of subsection to projects (para. 1); approval of grants or loans for capital projects (para. 2); criteria for making approval decisions (para. 3); issuance of guidelines on evaluation of alternatives, project justification, and degree of local financial commitment (para. 4); advance- ment of project from alternatives analysis to preliminary engineering (para. 5); exemptions from requirements of subsection (para. 6); and requirement of full financing agreement (para. 7). Sec. 5(12)(B) of Pub. L. No. 104-287 substituted “paragraph 2” for “paragraph (1)(B)”. The predecessor provision was added by sec. 3010 of Pub. L. No. 102-240, replacing the original new starts criteria, which were

275 (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 pro- posed 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 ef- fectiveness, and operating efficiencies; and (C) supported by an acceptable degree of local financial commitment, including evidence of stable and de- pendable 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 con- sumption, 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; (C) identify and consider mass transportation supportive existing land use policies and future patterns, and the cost of suburban671 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 de- termines 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 requir- ing 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 fi- nancing 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 Act672 of 1998, the Secretary shall issue regulations on the manner in which the Secretary will evaluate and rate the projects based on added by sec. 303(a) of Pub. L. No. 100-17. Sec. 303(b) of Pub. L. No. 100-17 provided that the new starts criteria provision added by sec. 303(a) of Pub. L. No. 100-17 shall not apply to any project— (1) for which a letter of intent or full funding contract has been issued under section 3(a)(4) of the Urban Mass Transportation Act of 1964 before the date of enactment of this Act; or (2) which was in the preliminary engineering, final design, or construction stage as of January 1, 1987. 671 Sec. 3009(k)(1) of Pub. L. No. 105-178, as added by sec. 9009(g) of Pub. L. No. 105-206, struck “urban” and inserted “suburban”. 672 Sec. 3003(a) of Pub. L. No. 102-240 substituted the title "Federal Transit Act" for "Urban Mass Transportation Act of 1964" as originally enacted by Pub. L. No. 88-365. Sec. 3003(b) of Pub. L. No. 102-240 deems any reference to the UMT Act of 1964 in a law, map, regulation, document, paper, or other record to be a reference to the Federal Transit Act. Sec. 3004(a) of Pub. L. No. 102-240 redesignates the UMTA as the Federal Transit Administration. Sec. 3004(b) of Pub. L. No. 102-240 deems any reference to the UMTA in a law, map, regulation, document, paper or other record to be a reference to the Federal Transit Administration.

276 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,” based673 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 the674 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 guide- way system or extension of an existing fixed guideway system is not subject to the requirements of this subsec- tion, 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 expe- dited 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. (C) PROJECTS FINANCED WITH HIGHWAY FUNDS.—This subsection 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)675 [Reserved.] (g) LETTERS OF INTENT,676 FULL FUNDING677 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 law678 that is not more than the amount stipulated as the financial participation of the Secretary in the project. The amount shall be sufficient to com- plete at least an operable segment679 when a letter is issued for a fixed guideway project. 673 Sec. 3009(k)(1) of Pub. L. No. 105-178, as added by sec. 9009(g) of Pub. L. No. 105-206, substituted “or ‘not recommended’, based” for “or not ‘recommended’, based”. 674 Sec. 3009(k)(1) of Pub. L. No. 105-178, as added by sec. 9009(g) of Pub. L. No. 105-206, inserted “of the”. 675 Sec. 3009(h)(1) of Pub. L. No. 105-178 amended subsec. (f) by substituting “[Reserved]” for former heading and text, which read: (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. 676 Sec. 3006(c) of Pub. L. No. 102-240 provided that tit. III "shall not be construed to affect the validity of any existing letter of intent, full funding grant agreement, or letter of commitment issued under Section 3(a)(4) of the Federal Transit Act before the date of enact- ment of the Federal Transit Act Amendments of 1991." (Dec. 18, 1991.) Sec. 3007(1) of Pub. L. No. 102-240 added the para. (A) designation. 677 Sec. 3009(f)(1) of Pub. L. No. 105-178 substituted “Funding” for “Financing”. 678 Sec. 302 of Pub. L. No. 100-17 struck “specified in an appropriations Act” and inserted “specified in law” in § 3(a)(4) of the Federal Transit Act, the precodification version of this subparagraph. 679 Sec. 3007(2) of Pub. L. No. 102-240 inserted “not less than” in § 3(a)(4) of the Federal Transit Act, the precodification version of this subparagraph.

277 (B) At least 60 days before issuing a letter under subparagraph (A) of this paragraph680 or entering into a full funding grant agreement,681 the Secretary of Transportation shall notify in writing the Committee on Transpor- tation and Infrastructure682 of the House of Representatives and the Committee on Banking, Housing, and Ur- ban Affairs of the Senate and the House and Senate Committees on Appropriations683 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 project684. (C) The issuance of a letter is deemed not to be an obligation under sections 1108(c) and (d), 1501, and 1502(a) of title 31685 or an administrative commitment. (D) An obligation or administrative commitment may be made only when amounts are appropriated. (2)686(A) The Secretary of Transportation may make a full funding687 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 un- der 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 carry- ing 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 ap- plicant shall certify, in a way satisfactory to the Secretary of Transportation, that the applicant has shown rea- sonable 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 pro- ject 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 acquisi- tion, timely procurement of system elements for which specifications are decided, and other activities the Secre- tary 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 dili- gence 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. 680 Sec. 305 of Pub. L. No. 97-424 inserted "At least thirty days prior to the issuance of a letter of intent under this paragraph, the Secretary shall notify, in writing, the Committee on Public Works and Transportation of the House of Representatives and the Commit- tee on Banking, Housing, and Urban Affairs of the Senate, of the proposed issuance of such letter of intent" in the equivalent paragraph in § 3(a)(4) of the Federal Transit Act. Sec. 3009(f)(3)(A) of Pub. L. No. 105-178 substituted “60 days” for “30 days”. 681 Sec. 3009(f)(3)(B) of Pub. L. No. 105-178 inserted “or entering into a full funding grant agreement”. 682 Sec. 5(9) of Pub. L. No. 104-287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”. 683 Sec. 347 of Pub. L. No. 106-69 inserted “and the House and Senate Committees on Appropriations”. 684 Sec. 3009(f)(3)(C) of Pub. L. No. 105-178 substituted “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”. 685 Pub. L. No. 97-258 codified § 1311 of the Act of August 26, 1954, at §§ 1108, 1501, and 1502 of tit. 31, U.S.C. Original language in § 3(a)(4) was “Such an action shall not be deemed an obligation as defined under section 1311 of the Act of August 26, 1954, as amended (31 U.S.C. 200),”. 686 Sec. 3007(3) of Pub. L. No. 102-240 added subparas. (B), (C), and (D) to § 3(a) of the Federal Transit Act. These were the precodifi- cation versions of paras. (2) and (3). 687 Sec. 3009(f)(2) substituted “full funding” for “full financing” here and in subpara. (B).

278 (4)(A)688 The total estimated amount of future obligations of the Government and contingent commitments to incur obligations689 covered by all outstanding letters of intent, full funding grant agreements, and early systems work agreements690 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 sec- tion 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,691 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 agreements692 may be not more than a limitation specified in law.693 (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 re- ferred to in subparagraph (A) shall be the amount equivalent to the last 3 fiscal years of such authorized fund- ing. (C) Any increase in the total estimated amount of future obligations of the Government and contingent com- mitments 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 ele- ments: 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: Ra- venswood 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 re- ferred 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 sub- paragraphs (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 694rail extension from the West Falls Church metrorail station to Tysons Corner, Virginia and bus rapid transit from Tysons Cor- ner 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 sub- paragraphs (C)(1) and (C)(2), shall not be available for allocation by the department or for making future obliga- 688 Sec. 380 of Appendix—H.R. REP. No. 5394 to Pub. L. No. 106-346 amended para. (4) by inserting “(A)” after “(4)” and inserting subparas. (B) through (G). 689 Sec. 3007(5)(A) of Pub. L. No. 102-240 inserted “, and contingent commitments to incur obligations” in § 3(a)(4)(E) of the Federal Transit Act, the precodification version of this subparagraph. 690 Sec. 3007(5)(B) of Pub. L. No. 102-240 inserted “, early systems work agreements, and full funding grant agreements,” in § 3(a)(4)(E) of the Federal Transit Act, the precodification version of this subparagraph. 691 Sec. 3009(f)(4) of Pub. L. No. 105-178 substituted “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 uncom- mitted 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)”. Sec. 3007(5)(C) of Pub. L. No. 102-240 inserted “or 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 in excess of amounts that have been previously obligated, whichever is greater” in § 3(a)(4)(E) of the Federal Transit Act, the precodification version of this provision. Sec. 3009(k)(2) of Pub. L. No. 105-178, as added by Pub. L. No. 105-206, 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”. 692 Sec. 3007(6) of Pub. L. No. 102-240 inserted “and contingent commitments included in early systems work agreements and full funding grant agreements” in § 3(a)(4)(E) of the Federal Transit Act, the precodification version of this subparagraph. 693 Sec. 302 of Pub. L. No. 100-17 struck “specified in an appropriations Act” and inserted “specified in law” in § 3(a)(4)(E) of the Fed- eral Transit Act, the precodification version of this subparagraph. 694 Sec. 1101 of Pub. L. No. 106-554 struck “light” before “rail extension”.

279 tions 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 commit- ment 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 in- formation 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.695 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.696 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 market- able 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 Gov- ernment 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. How- ever, 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.697—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)698 ALLOCATING AMOUNTS.699— (1) IN GENERAL.—Of the amounts made available by or appropriated under section 5338(b)700 for grants and loans under this section for each of fiscal years 1998 through 2004 and for the period of October 1, 2004, through July 30, 2005701— 695 Sec. 3006(f) of Pub. L. No. 102-240 struck “75 per centum of the net project cost” and inserted “80 percent of the net project cost, unless the recipient of the grant requests a lower Federal grant percentage”. The federal share had earlier been reduced from 80 percent to 75 percent by sec. 302(b) of Pub. L. No. 97-424. Earlier, sec. 301(a) of Pub. L. No. 93-87 had raised the federal grant limitations from a discretionary two-thirds of the net project cost to a mandatory 80 percent; however, the effect of that amendment was limited by the language of sec. 301(b), which provided that the amendment “…shall apply only with respect to projects which were not subject to ad- ministrative reservation on or before July 1, 1973.” 696 Sec. 3006(g) of Pub. L. No. 102-240 added the requirement that the purchase be made for use of the extension. 697 Sec. 3006(h)(2) of Pub. L. No. 102-240 added the fiscal capacity considerations requirement. 698 Sec. 3009(g) of Pub. L. No. 105-178 amended this subsection 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 March 31, 1998. Sec. 3049(a) of Pub. L. No. 102-240, as added by Pub. L. No. 105-130, inserted “, and for the period of October 1, 1997, through March 31, 1998” after “1997”. 699 Sec. 305 of Pub. L. No. 100-17 added the allocation provision to the Federal Transit Act, which was amended by secs. 3006(d)(1) and 3006(d)(2) of Pub. L. No. 102-240. 700 Sec. 3009(k)(3) of Pub. L. No. 105-178, as added by sec. 9009(g) of Pub. L. No. 105-206, inserted “(b)”. 701 The time period was extended beyond Oct. 1, 2003, by sec. 8(a)(1) of Pub. L. No. 108-88; sec. 9(a)(1)(A) of Pub. L. No. 108-202; sec. 7(a)(1)(A) of Pub. L. No. 108-224; sec. 7(a)(1)(A) of Pub. L. No. 108-263; sec. 7(a)(1)(A) of Pub. L. No. 108-280; sec. 8(a)(1) of Pub. L. No.

280 (A) 40 percent shall be available for 702fixed guideway modernization, except for fiscal year 2004 during which $1,206,506,000 will be available;703 (B) 40 percent shall be available for capital projects for new fixed guideway systems and extensions to existing fixed guideway systems, except for fiscal year 2004 during which $1,323,794,000 will be available;704 and (C) 20 percent shall be available to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, except for fiscal year 2004 during which $607,200,000 will be available.705 (2)706 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 ac- tivities 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 2004707 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. (iii)708 OCTOBER 1, 2004 THROUGH JULY 30, 2005.—Of the amounts made available under paragraph (1)(B) $8,550,000 shall be available for the period of October 1, 2004, through July 30, 2005, for capital projects described in clause (i). (3)709 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 2004 (and $2,470,000 shall be available for the period Oc- tober 1, 2004, through July 30, 2005) 710 to carry out section 5318. 108-310; sec. 7(a)(1) of Pub. L. No. 109-14; sec. 7(a)(1) of Pub. L. No. 109-20; sec. 7(a)(1) of Pub. L. No. 109-35; sec. 7(a)(1) of Pub. L. No. 109-37; and sec. 7(a)(1) of Pub. L. No. 109-40. 702 Pub. L. No. 104-287, § 5(12)(C), inserted “rail” before “fixed guideway modernization”. The phrase was changed by Pub. L. No. 105- 178, supra note 126. 703 Sec. 9(a)(1)(B) of Pub. L. No. 108-202 inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $699,642,775 will be available”. The period of availability and amount available were updated by sec. 7(a)(1)(B) of Pub. L. No. 108-224; sec. 7(a)(1)(A), (B) of Pub. L. No. 108-263; and sec. 7(a)(1)(B) of Pub. L. No. 108-280. 704 Sec. 9(a)(1)(C) of Pub. L. No. 108-202 inserted “, except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $767,657,109 will be available”. The period of availability and amount available were updated by sec. 7(a)(1)(C) of Pub. L. No. 108-224; sec. 7(a)(1)(A), (C) of Pub. L. No. 108-263; and sec. 7(a)(1)(C) of Pub. L. No. 108-280. 705 Sec. 9(a)(1)(D) of Pub. L. No. 108-202 inserted “, except for the period beginning on October 1, 2003 and ending on April 30, 2004, during which $352,110,220 will be available”. The period of availability and amount available were updated by sec. 7(a)(1)(D) of Pub. L. No. 108-224; sec. 7(a)(1)(A), (D) of Pub. L. No. 108-263; sec. 7(a)(1)(D) of Pub. L. No. 108-280. 706 Sec. 3009(k)(3) of Pub. L. No. 105-178, as added by sec. 9009(g) of Pub. L. No. 105-206, struck the former para. (2) relating to limi- tation on amounts available for activities other than final design and construction and inserted this paragraph. 707 Sec. 7(a)(2)(A) of Pub. L. No. 108-280 struck “2003” and inserted “2004”. 708 Sec. 8(a)(2) of Pub. L. No. 108-88 inserted a cl. (iii) specifying amounts made available under para. (1)(B) for capital projects de- scribed in cl. (i). The amounts and period of availability were updated by sec. 9(a)(2) of Pub. L. No. 108-202; sec. 7(a)(2) of Pub. L. No. 108-224; and sec. 7(a)(2) of Pub. L. No. 108-263. Sec. 7(a)(2)(B) of Pub. L. No. 108-280 struck cl. (iii), which then read: “(iii) October 1, 2003 through July 31, 2004.—Of the amounts made available under paragraph (1)(B), $8,615,533 shall be available for the period be- ginning on October 1, 2003, and ending on July 31, 2004, for capital projects described in clause (i).”. Sec. 8(a)(2) of Pub. L. No. 108-310 inserted a new cl. (iii). The amounts and period of availability were updated by sec. 7(a)(2) of Pub. L. Nos. 109-14, 109-20, 109-35, 109- 37, and 109-40. 709 Sec. 5(9) of Pub. L. No. 104-287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”. The Transportation and Infrastructure reference was struck by Pub. L. No. 105-178, supra note 126. 710 Sec. 8(a)(3) of Pub. L. No. 108-88 inserted “(and $1,250,000 shall be available for the period October 1, 2003, through February 29, 2004)”. The amounts and period of availability were amended by sec. 9(a)(3) of Pub. L. No. 108-202; sec. 7(a)(3) of Pub. L. No. 108-224; and sec. 7(a)(3) of Pub. L. No. 108-263. Sec. 7(a)(3) of Pub. L. No. 108-280 struck “2003 (and $2,485,250 shall be available for the period October 1, 2003, through July 31, 2004)” and inserted “2004”. Sec. 8(a)(3) of Pub. L. No. 108-310 inserted “(and $2,000,000 shall be available for the period October 1, 2004, through May 31, 2005)”. The amounts and period of availability were amended by sec. 7(a)(3) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40.

281 (C)711 FUNDING FOR CLEAN FUELS.—Of the amounts made available under paragraph (1)(C), $50,000,000 shall be available in each of fiscal years 1999 through 2004712 (and $50,000,000713 shall be transferred to and adminis- tered under section 5309 for buses and bus facilities for fiscal year 2004), and $41,506,850 shall be available for the period October 1, 2004, through July 30, 2005,714 to carry out section 5308. (D) OTHER THAN URBANIZED AREAS.—Of amounts made available by paragraph (1)(C), not less than 5.5 per- cent 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.715—(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 sec- tion or a substitute transit project described in section 103(e)(4)716 of title 23 without the aid of amounts of the Govern- ment 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 (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 or section 103(e)(4) 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 than717 the most favorable interest terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner718 satis- factory to the Secretary of Transportation, that the applicant has shown reasonable diligence in seeking the most fa- vorable financial terms. (3) The Secretary of Transportation shall consider changes in capital project cost indices when determining the es- timated cost under paragraph (2) of this subsection. (o)719 USE OF DEOBLIGATED AMOUNTS.—An amount available under this section that is deobligated may be used for any purpose under this section. (o)720 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, 711 Sec. 3009(k)(3) of Pub. L. No. 105-178, as added by sec. 9009(g) of Pub. L. No. 105-206, redesignated former para. (4) as (3)(C), added paras. (3)(D) and (4), and struck para. (5) relating to funding for ferry boat systems. 712 Sec. 7(a)(4)(A) of Pub. L. No. 108-280 struck “1999 through 2003” and inserted “1999 through 2004”. 713 Sec. 7(a)(4)(A) of Pub. L. No. 108-280 struck “$41,420,833” and inserted “$50,000,000”. 714 Sec. 8(a)(4) of Pub. L. No. 108-88 inserted “(and $20,833,334 shall be available for the period October 1, 2003, through February 29, 2004)”. The amounts and period of availability were amended by sec. 9(a)(4) of Pub. L. No. 108-202 and sec. 7(a)(4) of Pub. L. No. 108-224. Sec. 7(a)(4) of Pub. L. No. 108-280 struck “the period October 1, 2003, through July 31, 2004” and inserted “fiscal year 2004”. Sec. 8(a)(4) inserted “, and $33,333,333 shall be available for the period October 1, 2004, through May 31, 2005,”. The amounts and pe- riod of availability were amended by sec. 7(a)(4) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 715 Sec. 306(a) of Pub. L. No. 100-17 added the advance construction provision, § 3(l), to the Federal Transit Act. 716 Sec. 103 of tit. 23 was amended generally by sec. 1106(b) of Pub. L. No. 105-178, and, as so amended, no longer contains a subsec. (e)(4). 717 Sec. 3006(e) of Pub. L. No. 102-240 amended the rest of the precodification provision, subpara. (B) of § 3(l)(2) of the Federal Transit Act. Before amendment, the subparagraph provided: the excess of— (i) the amount which would be the estimated cost of carrying out the project or portion if the project or portion were to be carried out at the time the project or portion is converted to a regularly funded project, over (ii) the actual cost of carrying out such project or portion (not including such interest). 718 Sec. 3009(h)(3)(D) of Pub. L. No. 105-178, as added by sec. 9009(h)(3) of Pub. L. No. 105-206, substituted “in a manner” for “in a way”. 719 So in original. Two subsecs. (o) have been enacted. 720 Sec. 3009(i) of Pub. L. No. 105-178 added this subsection, as a second subsec. (o).

282 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 alterna- tives analysis or preliminary engineering since the date of the last report. The report shall include all relevant in- formation 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)721 PROJECT DEFINED.—In this section, the term “project” means, with respect to a new fixed guideway system or ex- tension to an existing fixed guideway system, a minimum operable segment of the project. Section 3012(a) of Public Law 109-59 amended section 5310 generally. Before amendment, section 5310 read as fol- lows: Section 5310.722 Formula grants723 and loans for special needs of elderly individuals and individuals with disabilities. (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 allocation724 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 authorities725— (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 avail- able in an area to provide service under this subsection. (b) APPORTIONING AND TRANSFERRING AMOUNTS.726—The Secretary shall apportion amounts made available under sec- tion 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 begin- ning of the 90-day period before the end of the period of availability of the apportionment is available to the chief execu- tive officer of the State for transfer to supplement amounts apportioned to the State under section 5311(c) or 5336(a)(1) of this title. (c) STATE PROGRAM OF PROJECTS.—Amounts made available for this 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 as- surance that the program provides for maximum feasible coordination of transportation services assisted under this sec- tion with transportation services assisted by other United States Government sources. (d) ELIGIBLE CAPITAL EXPENSES.727—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 require- ments of a grant or loan under section 5309 of this title, and is deemed to have been made under section 5309. 721 Sec. 3009(j) of Pub. L. No. 105-178 added this subsection. 722 Pub. L. No. 103-272 had codified § 108 of Pub. L. No. 93-503 and portions of §§ 16 and 18 of the Federal Transportation Act to con- stitute this section; see app. B; substituted “governmental authorities” for “public bodies” throughout the section; omitted text as surplus or obsolete in subsecs. (a), (b), (d), (e), (f), and (g); and substituted text for consistency or clarity in subsecs. (e), (f), and (j). See also § 3038 of Pub. L. No. 105-178, supra part II. 723 Sec. 3013 of Pub. L. No. 105-178 struck “Grants” and inserted “Formula Grants”. 724 Sec. 3021(2) of Pub. L. No. 102-240 inserted “to the Governor of each State for allocation”. 725 Sec. 3021(3) of Pub. L. No. 102-240 added a reference to “public bodies”, amended during recodification to “governmental authori- ties”. 726 Sec. 3021(6) of Pub. L. No. 102-240 inserted subsec. 16(c) of the Federal Transit Act, the precodification versions of 5310(b), (c), and (g). 727 Sec. 3021(4) of Pub. L. No. 102-240 added the eligible capital expenses provision.

283 (2) A grant or loan under subsection (a)(2) of this section is subject to requirements similar to those under para- graph (1) of this subsection to the extent the Secretary considers appropriate. (f) MINIMUM REQUIREMENTS AND PROCEDURES FOR RECIPIENTS.728—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 pre- scribe 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.729 (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.730—Public731 transportation service providers receiving assis- tance 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 public transportation service or reduce service to public 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. SECTION 5311. Formula Grants for Other than Urbanized Areas. Section of 3013(c) of Public Law 109-59 generally amended subsection (c). Before amendment subsection (c) read: (c) APPORTIONING AMOUNTS.—The Secretary of Transportation shall 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 appor- tioned multiplied by a ratio equal to the population of areas other than urbanized areas in a State divided by the popula- tion 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.732 The amount may be obligated by the chief executive officer for 2 years733 after the fiscal year in which the amount is apportioned. An amount that is not obligated at the end of that period shall be reap- portioned among the States for the next fiscal year. Section 3013(f) of Public Law 109-59 generally amended subsection (g). Before amendment subsection (g) read: (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 organi- zation.734 (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 ex- penses 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 sur- plus, a replacement or depreciation cash fund or reserve, or new capital. SECTION 5312. Research, Development, Demonstration, and Deployment Projects. Section 3014(b) of Public Law 109-59 struck subsections (b) and (c). Before amendment subsections (b) and (c) read: 728 Sec. 317(c) of Pub. L. No. 97-424 added the precodification version of this provision. 729 Since federal transit legislation imposes more explicit affirmative burdens than does § 504 [of the Rehabilitation Act], DOT under- standably determined that satisfaction of the requirements under the federal transit statute would suffice to meet the less well-defined requirements of § 504. R.I. Handicapped Action Committee v. R.I. Pub. Transit Auth., 718 F.2d 490 at 494 n.5 (1st Cir. 1983). 730 Sec. 3021(7) of Pub. L. No. 102-240 added § 5310(f), the precodification version of this provision. 731 Sec. 3002(b)(2) of Pub. L. No. 109-59 struck “mass” and inserted “public” throughout this subsection. 732 Sec. 3024 of Pub. L. No. 102-240 added a clarification of federal census to § 18(a) of the Federal Transit Act, the precodification version of this provision. 733 Sec. 316(b) of Pub. L. No. 97-424 changed the period of availability from 3 years to 2 years. 734 Sec. 326 of Pub. L. No. 99-190 added the precodification version of this paragraph.

284 (b) RESEARCH, INVESTIGATIONS, AND TRAINING.—(1) The Secretary of Transportation (or the Secretary of Housing and Urban Development when required by section 5334(i) of this title) may make grants to nonprofit institutions of higher learning— (A) to conduct competent research and investigations into the theoretical or practical problems of urban transportation; and (B) to train individuals to conduct further research or obtain employment in an organization that plans, builds, operates, or manages an urban transportation system. (2) RESEARCH AND INVESTIGATIONS UNDER THIS SUBSECTION INCLUDE— (A) the design and use of urban mass transportation systems and urban roads and highways; (B) the interrelationship between various modes of urban and interurban transportation; (C) the role of transportation planning in overall urban planning; (D) public preferences in transportation; (E) the economic allocation of transportation resources; and (F) the legal, financial, engineering, and esthetic aspects of urban transportation. (3) When making a grant under this subsection, the appropriate Secretary shall give preference to an institution that brings together knowledge and expertise in the various social science and technical disciplines related to urban transportation problems. (c) TRAINING FELLOWSHIPS AND INNOVATIVE TECHNIQUES AND METHODS.—(1) The Secretary of Transportation may make grants to States, local governmental authorities, and operators of mass transportation systems to provide fellowships to train personnel employed in managerial, technical, and professional positions in the mass transportation field. (2) The Secretary of Transportation may make grants to State and local governmental authorities for projects that will use innovative techniques and methods in managing and providing mass transportation. (3) A fellowship under this subsection may be for not more than one year of training in an institution that offers a program applicable to the mass transportation industry. The recipient of the grant shall select an individual on the basis of demonstrated ability and for the contribution the individual reasonably can be expected to make to an effi- cient mass transportation operation. A grant for a fellowship may not be more than the lesser of $24,000 or 75 per- cent of— (A) tuition and other charges to the fellowship recipient; (B) additional costs incurred by the training institution and billed to the grant recipient; and (C) the regular salary of the fellowship recipient for the period of the fellowship to the extent the salary is ac- tually paid or reimbursed by the grant recipient. SECTION 5313. Transit Cooperative Research Program. Section 3016(a)(1) of Public Law 109-59 struck subsection (b), which read: (b) STATE PLANNING AND RESEARCH.—(1) The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c)735 of this title shall be apportioned to States for grants and contracts consistent with the purposes of sections 5303–5306, 5312, 5315, 5317,736 and 5322 of this title. The amounts shall be apportioned so that each State receives an amount equal to the population in urbanized areas in the State, divided by the population in urbanized areas in all States, as shown by the latest available decennial census. However, a State must receive at least .5 percent of the amount apportioned under this subsection. (2) A State, as the State considers appropriate, may authorize part of the amount made available under this sub- section to be used to supplement amounts available under subsection (a) of this section. (3) 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. SECTION 5315. National Transit Institute. Section 3017(a) of Public Law 109-59 struck subsections (a) and (b), which read: (a) ESTABLISHMENT AND DUTIES.—The Secretary of Transportation shall make grants to Rutgers University to estab- lish a national transit737 institute. In cooperation with the Federal Transit Administration, State transportation depart- ments, public mass transportation authorities, and national and international entities, the institute shall develop and conduct training programs of instruction for United States Government, State, and local transportation employees, 735 Sec. 3029(b)(5) of Pub. L. No. 105-178 substituted “The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c)” for “Fifty percent of the amounts made available under section 5338(g)(3)”. 736 Sec. 5110(c) of Pub. L. No. 105-178 repealed § 5317. 737 Sec. 3017(a)(2)(A) of Pub. L. No. 105-178, as amended by sec. 9009(l) of Pub. L. No. 105-178, struck “mass transportation” and in- serted “transit”.

285 United States citizens, and foreign nationals engaged or to be engaged in Government-aid mass transportation work. The programs may include courses in recent developments, techniques, and procedures related to— (1) mass transportation planning; (2) management; (3) environmental factors; (4) acquisition and joint use of rights of way; (5) engineering and architectural design;738 (6) procurement strategies for mass transportation systems; (7) turnkey approaches to delivering739 mass transportation systems; (8) new technologies; (9) emission reduction technologies; (10) ways to make mass transportation accessible to individuals with disabilities; (11) construction, construction management, insurance, and risk management740; (12) maintenance; (13) contract administration; (14) inspection; (15)741 innovative finance; and (16) workplace safety. (b) RELATED EDUCATIONAL AND TRAINING PROGRAMS.—The Secretary shall delegate to the institute the authority of the Secretary to develop and conduct educational and training programs related to mass transportation. Section 3020 of Public Law 109-59 struck section 5320, Suspended light rail system technology pilot project, which read as follows: Section 5320.742 Suspended light rail system technology pilot project. (a) PURPOSE.—The purpose of this section is to provide for the construction by a public entity of a suspended light rail system technology pilot project— (1) to assess the state of new technology for a suspended light rail system; and (2) to establish the feasibility, costs, and benefits of using the system to transport passengers. (b) GENERAL REQUIREMENTS.—The project shall— (1) use new rail technology with individual vehicles on a prefabricated elevated steel guideway; (2) be stability-seeking with a center of gravity for the detachable passenger vehicles located below the point of wheel-rail contact; and (3) use vehicles that are driven by overhead bogies with high efficiency, low maintenance electric motors for each wheel, operating in a slightly sloped plane from vertical for the wheels and the running rails, to further increase stability, acceleration, and braking performance. (c) COMPETITION.—(1) The Secretary of Transportation shall conduct a national competition to select a public entity with which to make a full funding743 grant agreement to construct the project. Not later than April 16, 1992, the Secre- tary shall select 3 public entities to be finalists in the competition. In conducting the competition and selecting public entities, the Secretary shall consider— (A) the public entity's demonstrated understanding and knowledge of the project and its technical, manage- rial, and financial capacity to construct, manage, and operate the project; and (B) maximizing potential contributions to the cost of the project by State, local, and private sector entities, in- cluding donation of in-kind services and materials. (2) The Secretary shall award a grant to each finalist to be used to participate in the final phase of the competition under procedures the Secretary prescribes. A grant may not be more than 80 percent of the cost of participating. A finalist may not receive more than one-third of the amount made available under subsection (h)(1)(A) of this section. (3) Not later than July 15, 1992, the Secretary shall select from among the 3 finalists a public entity with which to make a full funding grant agreement. 738 Sec. 3017(a)(2)(B) of Pub. L. No. 105-178, as amended by sec. 9009(l) of Pub. L. No. 105-178, inserted “and architectural design”. 739 Sec. 3017(a)(2)(C) of Pub. L. No. 105-178, as amended by sec. 9009(l) of Pub. L. No. 105-178, struck “carrying out” and inserted “de- livering”. 740 Sec. 3017(a)(2)(D) of Pub. L. No. 105-178, as amended by sec. 9009(l) of Pub. L. No. 105-178, inserted “, construction management, insurance, and risk management”. 741 Sec. 3017(a)(2)(E)-(G) of Pub. L. No. 105-178, as amended by sec. 9009(l) of Pub. L. No. 105-178, added paras. (15) and (16). 742 Pub. L. No. 103-272 codified portions of § 26 of the Federal Transit Act to constitute this section; see app. B; omitted text as sur- plus in subsecs. (c), (d), (e), and (g); translated text to reflect the will of Congress in subsec. (g); and substituted text in subsec. (g). Sec. 3030 of Pub. L. No. 102-240 added § 26. 743 Sec. 3009(h)(3)(A)(i) substituted “full funding” for “full financing” here and in para. (3), in subsec. (e), in subsec. (f), and in subsec. (g)(1)(A).

286 (d) ENVIRONMENTAL IMPACT.—Not later than 270 days after a public entity is selected under subsection (c) of this sec- tion, the Secretary shall approve and publish in the Federal Register a notice announcing either a finding of no signifi- cant impact or a draft environmental impact statement for the project. The alternatives analysis for the project shall include a decision on whether to construct the project. If a draft statement is published, the Secretary, not later than 180 days after publication, shall approve and publish in the Federal Register a notice of completion of a final environmental impact statement. (e) FULL FUNDING744 GRANT AGREEMENT.—Not later than 60 days after carrying out the requirements of subsection (d) of this section, the Secretary shall make a full funding grant agreement under section 5309 of this title with the public entity selected under subsection (c) of this section to construct the project. The agreement shall provide that the system vendor for the project shall finance— (1) 100 percent of any deficit incurred in operating the project in the first 2 years of revenue operations of the pro- ject; and (2) 50 percent of any deficit incurred in operating the project in the 3d year of revenue operations of the project. (f) NOTICE TO PROCEED.—Not later than 30 days after making the full funding grant agreement, the Secretary shall is- sue a notice to proceed with construction. (g) OPTION NOT TO CONSTRUCT AND REAWARDING THE GRANT.—(1) Not later than 30 days after completing preliminary engineering and design, the selected public entity shall decide whether to proceed to constructing the project. If the entity decides not to proceed— (A) the Secretary shall not make the full funding grant agreement; (B) remaining amounts received shall be returned to the Secretary and credited to the Mass Transit Account of the Highway Trust Fund; and (C) the Secretary shall use the credited amount and other amounts to be provided under this section to award to another entity selected under subsection (c)(1) of this section a grant under section 5309 of this title to con- struct the project. (2) Not later than 60 days after a decision is made under paragraph (1) of this subsection, a grant shall be awarded under paragraph (1)(C) of this subsection745 after completing a competitive process for selecting the grant recipient. (h) FINANCING.—(1) The Secretary shall pay from amounts provided under section 5309 of this title the following: (A) at least $1,000,000 for the fiscal year ending September 30, 1992, for grants under subsection (c)(2) of this section. (B) at least $4,000,000 for the fiscal year ending September 30, 1993, for the United States Government share of the costs (as determined under section 5309 of this title) if the systems planning, alternatives analysis, pre- liminary engineering, and design and environmental impact statement are required by law for the project. (C) at least $30,000,000 for the fiscal year ending September 30, 1994, as provided in the grant agreement under subsection (e) of this section, for the Government share of the construction costs of the project. (2) The grant agreement under subsection (e) of this section shall provide that for the 3d year of revenue opera- tions of the project, the Secretary shall pay from amounts provided under this section the Government share of op- erating costs in an amount equal to the lesser of 50 percent of the deficit incurred in operating the project in that year or $300,000. (3) Amounts not expended under paragraph (1)(A) of this subsection are available for the Government share of costs described in paragraph (1)(B) and (C) of this subsection. (4) Amounts under paragraph (1)(B) and (C) of this subsection remain available until expended. (i) GOVERNMENT'S SHARE OF COSTS.—The Government share of the cost of constructing the project is 80 percent of the net cost of the project. (j) PROJECT NOT SUBJECT TO MAJOR CAPITAL INVESTMENT POLICY.—The project is not subject to the major capital in- vestment policy of the Federal Transit Administration. (k) REPORT.—Not later than January 30, 1993, and each year after that date, the Secretary shall submit to Congress a report on the progress and results of the project. SECTION 5323. General Provisions on Assistance. Section 3023(b) of Public Law 109-59 amended subsection (b) generally. Before amendment subsection (b) read: (b) NOTICE AND PUBLIC HEARING.—(1) An application for a grant or loan under this chapter746 for a capital project that will affect substantially a community, or the mass transportation service of a community, must include a certificate of the applicant that the applicant has— (A) provided an adequate opportunity for a public hearing with adequate prior notice; 744 Sec. 3009(h)(3)(A)(ii) of Pub. L. No. 105-178 struck “FINANCING” and inserted “FUNDING”. 745 Sec. 6(9) of Pub. L. No. 103-429 substituted “paragraph (1)(C) of this subsection” for “paragraph (1)(C) of this section”. 746 Sec. 5(15) of Pub. L. No. 104-287 struck “(except section 5307)” following “grant or loan under this chapter”.

287 (B) held that hearing unless no one with a significant economic, social, or environmental interest requested one; (C) considered the economic, social, and environmental effects of the project; and (D) found that the project is consistent with official plans for developing the urban area. (2) Notice of a hearing under this subsection shall include a concise description of the proposed project and shall be published in a newspaper of general circulation in the geographic area the project will serve. If a hearing is held, a copy of the transcript of the hearing shall be submitted with the application. Section 3024(a) of Public Law 109-59 amended section 5324 generally. Before amendment, section 5324 read as fol- lows: Section 5324.747 Limitations on discretionary and special needs grants and loans. (a) RELOCATION PROGRAM REQUIREMENTS.—Financial assistance may be provided under section 5309 of this title only if the Secretary of Transportation decides that— (1) an adequate relocation program is being carried out for families displaced by a project; and (2) an equal number of decent, safe, and sanitary dwellings are being, or will be, provided to those families in the same area or in another area generally not less desirable for public utilities and public and commercial facilities, at rents or prices within the financial means of those families, and with reasonable access to their places of employ- ment. (b) ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS.—(1) In carrying out section 5301(e) of this title, the Secretary of Transportation shall cooperate and consult with the Secretaries of Agriculture, Health and Human Services, Housing and Urban Development, and the Interior and the Council on Environmental Quality on each project that may have a substantial impact on the environment. (2) In carrying out section 5309 of this title, the Secretary of Transportation shall review each transcript of a hear- ing submitted under section 5323(b) of this title to establish that an adequate opportunity to present views was given to all parties with a significant economic, social, or environmental interest and that the project application in- cludes a statement on— (A) the environmental impact of the proposal; (B) adverse environmental effects that cannot be avoided; (C) alternatives to the proposal; and (D) irreversible and irretrievable impacts on the environment. (3)(A) The Secretary of Transportation may approve an application for financial assistance under section 5309 of this title only if the Secretary makes written findings, after reviewing the application and any hearings held before a State or local governmental authority under section 5323(b) of this title, that— (i) an adequate opportunity to present views was given to all parties with a significant economic, social, or environmental interest; (ii) the preservation and enhancement of the environment, and the interest of the community in which a project is located, were considered; and (iii) no adverse environmental effect is likely to result from the project, or no feasible and prudent alter- native to the effect exists and all reasonable steps have been taken to minimize the effect. (B) If a hearing has not been conducted or the Secretary of Transportation decides that the record of the hear- ing is inadequate for making the findings required by this subsection, the Secretary shall conduct a hearing on an environmental issue raised by the application after giving adequate notice to interested persons. (C) A finding of the Secretary of Transportation under subparagraph (A) of this paragraph shall be made a matter of public record. (c) PROHIBITIONS AGAINST REGULATING OPERATIONS AND CHARGES.—The Secretary of Transportation may not regulate the operation of a mass transportation system for which a grant is made under section 5309 of this title and, after a grant is made, may not regulate any charge for the system. However, the Secretary may require the local governmental authority, corporation, or association to comply with any undertaking provided by it related to its grant application. Section 3025 of Public Law 109-59 amended section 5325 generally. Before amendment, section 5325 read: Section 5325.748 Contract requirements. (a) NONCOMPETITIVE BIDDING. —A capital project or improvement contract for which a grant or loan is made under this chapter, if the contract is not made through competitive bidding, shall provide that records related to the contract shall be made available to the Secretary of Transportation and the Comptroller General, or an officer or employee of the Sec- retary or Comptroller General, when conducting an audit and inspection. 747 Pub. L. No. 103-272 codified portions of §§ 7, 12, and 14 of the Federal Transit Act to constitute this section; see app. B; omitted text as surplus in subsecs. (a), (b), and (c); substituted text in subsecs. (a), (b), and (c); and added text for clarity in subsec. (b). 748 Pub. L. No. 103-272 codified portions of § 12 of the Federal Transit Act to constitute this section; see app. B; omitted text as sur- plus in subsecs. (a) and (b); and substituted text in subsecs. (a) and (b).

288 (b)749 ARCHITECTURAL, ENGINEERING, AND DESIGN CONTRACTS.750—A contract or requirement751 for program manage- ment, construction management, a feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which a grant or loan is made under this chapter shall be awarded in the same way as a contract for architectural and engineering services is negotiated under chapter 11 of title 40752 or an equivalent qualifications-based requirement of a State. When awarding such contracts, recipients of assis- tance under this chapter shall maximize efficiencies of administration by accepting nondisputed audits conducted by other governmental agencies, as provided in subparagraphs (C) through (F) of section 112(b)(2) of title 23, United States Code.753 This subsection does not apply to the extent a State has adopted or adopts by law a formal procedure for procur- ing those services. (c)754 EFFICIENT PROCUREMENT.—A recipient may award a procurement contract under this chapter to other than the lowest bidder when the award furthers an objective consistent with the purposes of this chapter, including improved long-term operating efficiency and lower long-term costs. Section 3025(b) of Public Law 109-59 repealed section 5326, which read: Section 5326.755 Special procurements.756 (a) TURNKEY SYSTEM PROJECTS.— (1)757 TURNKEY SYSTEM PROJECT DEFINED.—In this subsection, the term “turnkey system project” means a project under which a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a mass transportation system or an operable segment thereof that meets specific performance criteria. Such project may also include an option to finance, or operate for a period of time, the system or segment or any combination of de- signing, building, operating, or maintaining such system or segment. (2) 758 SELECTION OF TURNKEY PROJECTS. —To advance new technologies and lower the cost of a capital project for a new mass transportation system or an operable segment of a mass transportation system, the Secretary of Trans- portation shall allow solicitation for a turnkey system project to be financed under this chapter to be awarded condi- 749 Sec. 3022(a) of Pub. L. No. 105-178 struck subsecs. (b) and (c), redesignated subsec. (d) as subsec. (b), and inserted subsec. (c), “EFFICIENT PROCUREMENT.”. Before amendment, subsec. (b) read: ACQUIRING ROLLING STOCK—A recipient of financial assistance of the United States Government under this chapter may make a contract to ex- pend that assistance to acquire rolling stock— (1) based on— (A) initial capital costs; or (B) performance, standardization, life cycle costs, and other factors; or (2) with a party selected through a competitive procurement process. Sec. 316 of Pub. L. No. 100-17 added the precodification version of subsec. (d), now subsec. (b). 750 Sec. 5(16) of Pub. L. No. 104-287 struck ‘‘MANAGEMENT, ARCHITECTURAL, AND ENGINEERING CONTRACTS.” and substituted “ARCHITECTURAL, ENGINEERING, AND DESIGN CONTRACTS.” in then subsec. (d). 751 Sec. 3022(b) of Pub. L. No. 105-178 inserted “or requirement”. 752 Sec. 3(n)(2) of Pub. L. No. 107-217 struck “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)” and inserted “chapter 11 of title 40”. 753 Sec. 3022(b)(2) of Pub. L. No. 105-178, as added by sec. 9009(n) of Pub. L. No. 105-206, inserted “When awarding such con- tracts…United States Code”. 754 Sec. 3022(a)(1), (3) of Pub. L. No. 105-178 struck the previous subsec. (c) and inserted this subsection. Before amendment, the text of subsec. (c) read: A recipient of a grant under section 5307 of this title procuring an associated capital maintenance item under section 5307(b) may make a con- tract directly with the original manufacturer or supplier of the item to be replaced, without receiving prior approval of the Secretary, if the recipi- ent first certifies in writing to the Secretary that— (1) the manufacturer or supplier is the only source for the item; and (2) the price of the item is no more than the price similar customers pay for the item. The precodification version of this subsection was added by sec. 315(a) of Pub. L. No. 100-17. 755 Pub. L. No. 103-272 codified a portion of § 12 of the Federal Transit Act to constitute this section; see app. B; omitted text as sur- plus in subsecs. (a), (b), and (c); and substituted text in subsecs. (b) and (c). 756 Sec. 3019 of Pub. L. No. 102-240 added § 12(l), the precodification version of the special procurements provision, to the Federal Transit Act. 757 Sec. 3023(a)(1) of Pub. L. No. 105-178 struck the former para. (1) and inserted this paragraph. Before amendment, para. (1) read: “In this subsection, ‘turnkey system project’ means a project under which a recipient makes a contract with a seller, firm, or consortium of firms to construct a mass transportation system that meets specific performance criteria and that the seller operates for a period of time.”. 758 Sec. 3023(a)(2) of Pub. L. No. 105-178 inserted the paragraph heading and inserted “or an operable segment of a mass transporta- tion system.”.

289 tionally before United States Government requirements have been met on the project if the award is made without prejudice to carrying out those requirements. Government financial assistance under this chapter may be made available for the project after the recipient complies with Government requirements. (3) DEMONSTRATIONS.759—To develop guidelines760 applying generally to turnkey system projects, the Secretary may approve at least 2 projects for an initial demonstration phase. The results of the demonstration projects (and other projects using this procurement method on December 18, 1991) shall be considered in developing guidelines to carry out this subsection. (b) MULTIYEAR ROLLING STOCK.—(1) A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for not more than 5 years after the date of the original contract. (2) The Secretary shall allow at least 2 recipients to act on a cooperative basis to procure rolling stock in compli- ance with this subsection and other Government procurement requirements. (c)761 ACQUIRING ROLLING STOCK.—A recipient of financial assistance under this chapter may enter into a contract to expend that assistance to acquire rolling stock— (1) based on— (A) initial capital costs; or (B) performance, standardization, life cycle costs, and other factors; or (2) with a party selected through a competitive procurement process. (d) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS.—A recipient of assistance under section 5307 procuring an associated capital maintenance item under section 5307(b) may enter into a contract directly with the original manufac- turer or supplier of the item to be replaced, without receiving prior approval of the Secretary, if the recipient first certi- fies in writing to the Secretary that— (1) the manufacturer or supplier is the only source for the item; and (2) the price of the item is no more than the price that similar customers pay for the item. SECTION 5327. Project Management Oversight. Section 3026(b) of Public Law 109-59 amended subsection (c) generally. Before amendment subsection (c) read: (c) LIMITATIONS ON USE OF AVAILABLE AMOUNTS.—(1) The Secretary may use not more than .5 percent of762 amounts made available for a fiscal year to carry out section 5307, 5309, or 5311 of this title, an interstate transfer mass trans- portation project under section 103(e)(4)763 of title 23 as in effect on September 30, 1991, or a project under the National Capital Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320) to make a contract to oversee the construction of a major project under section 5307, 5309, 5311, or 103(e)(4) or that Act.764 The Secretary may use when necessary not more than an additional .25 percent of amounts made available in a fiscal year to carry out a major project under section 5309765 to make a contract to oversee the construction of the project. (2)766 767 The Secretary may use amounts available under paragraph (1) of this subsection to enter into contracts for safety, procurement, management, and financial compliance reviews and audits of a recipient of amounts under paragraph (1) and to provide technical assistance to correct deficiencies identified in compliance reviews and audits 759 Sec. 3023(a)(3) of Pub. L. No. 105-178 inserted the paragraph heading. 760 Sec. 6(11) of Pub. L. No. 103-429 struck “regulations” and substituted “guidelines”. 761 Sec. 3023(b) of Pub. L. No. 105-178 struck the former subsec. (c) and inserted subsecs. (c) and (d). Before amendment, the text of subsec. (c) read: A recipient may award a procurement contract under this chapter to other than the lowest bidder when the award furthers an objective consis- tent with the purposes of this chapter, including improved long-term operating efficiency and lower long-term costs. Not later than March 17, 1992, the Secretary shall— (1) make appropriate changes in existing procedures to make the policy stated in this subsection readily practicable for all mass transportation authorities; and (2) prescribe guidance that clarifies and carries out the policy. 762 Sec. 3027 of Pub. L. No. 102-240 struck the balance of § 23(a) and substituted language substantially similar to the current para. (1). 763 Sec. 103 of tit. 23 was amended generally by sec. 1106(b) of Pub. L. No. 105-178, and, as so amended, no longer contains a subsec. (e)(4). 764 Sec. 6(12) of Pub. L. No. 103-429 struck “of that Act” and substituted “or that Act”. 765 Sec. 5(17) of Pub. L. No. 104-287 struck “to carry out a major project under section 5307” and substituted “to carry out a major pro- ject under section 5309”. 766 Sec. 340 of Pub. L. No. 101-164 added the original provision on safety, financial, and procurement compliance reviews. 767 Sec. 3024(a) of Pub. L. No. 105-178 struck “make contracts” and inserted “enter into contracts”; and inserted “and to provide tech- nical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section”.

290 carried out under this section. Subsections (a), (b), and (e) of this section do not apply to contracts under this para- graph. (3) The Government shall pay the entire cost of carrying out a contract under this subsection. Section 3028(a) of Public Law 109-59 amended section generally. Before amendment, section 5329 read as follows: Section 5329.768 Investigation of safety hazards.769 (a) GENERAL.—The Secretary of Transportation may investigate a condition in equipment, a facility, or an operation financed under this chapter that the Secretary believes causes a serious hazard of death or injury to establish the nature and extent of the condition and how to eliminate or correct it. If the Secretary establishes that a condition causes a haz- ard, the Secretary shall require the local governmental authority receiving amounts under this chapter to submit a plan for correcting it. The Secretary may withhold further financial assistance under this chapter until a plan is approved and carried out. (b) REPORT.770—Not later than June 15, 1992, the Secretary shall submit to Congress a report containing— (1) a description of actions taken to identify and investigate conditions in a facility, equipment, or way of operating as part of the findings and decisions required of the Secretary in providing a grant or loan under this chapter; (2) a description of actions of the Secretary to correct or eliminate, as a requirement for making an amount avail- able through a grant or loan under this chapter, a condition found to create a serious hazard of death or injury; (3) a summary of all passenger-related deaths and injuries resulting from an unsafe condition in a facility, equip- ment, or way of operating a facility or equipment at least partly financed under this chapter; (4) a summary of all employee-related deaths and injuries resulting from an unsafe condition in a facility, equip- ment, or way of operating a facility or equipment at least partly financed under this chapter; (5) a summary of action of the Secretary to correct or eliminate the unsafe condition to which the deaths and inju- ries referred to in clauses (3) and (4) of this subsection were attributed; (6) a summary of actions of the Secretary to alert mass transportation operators of the nature of the unsafe condi- tion found to create a serious hazard of death or injury; and (7) recommendations of the Secretary to Congress of any legislative or administrative actions necessary to ensure that all recipients of amounts under this chapter will undertake the best way available to correct or eliminate haz- ards of death or injury, including— (A) a timetable for undertaking actions; (B) an estimate of the capital and operating cost to take the actions; and (C) minimum standards for establishing and carrying out safety plans by recipients of amounts under this chapter. SECTION 5335. National Transit Database. Section 3033(a)(2) of Public Law 109-59 struck subsection (b), which read: (b)771 BIENNIAL TRANSFERABILITY REPORT.—In January 1993,772 the Comptroller General shall submit to the Committee on Transportation and Infrastructure773 of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on carrying out section 5307(b)(5)774 of this title. The report shall— (1) identify, by State, the amount of mass transportation money transferred for non-mass transportation purposes under section 5307(b)(5) \1\ of this title during the prior fiscal year; (2) include an assessment of the impact of the transfers on the mass transportation needs of individuals and com- munities in the State, including the impact on— (A) the State's ability to meet the mass transportation needs of elderly individuals and individuals with dis- abilities; (B) efforts to meet the objectives of the Clean Air Act (42 U.S.C. 7401 et seq.) and the Americans with Disabili- ties Act of 1990775 (42 U.S.C. 12101 et seq.); and 768 Pub. L. No. 103-272 codified § 22 of the Federal Transit Act to constitute this section; see app. B; omitted text as surplus in subsec. (a); substituted text in subsec. (a); and added text for clarity in subsec. (b). Sec. 318(b) of Pub. L. No. 97-424 added § 22. An earlier § 22 was added by sec. 323 of Pub. L. No. 95-599 and deleted by sec. 302(a) of Pub. L. No. 97-424. 769 This section does not authorize the FTA to address mass transit safety hazards through general safety regulations such as the FTA's Nov. 21, 1988, Anti-Drug Regulation. Amalgamated Transit Union v. Skinner, 894 F.2d 1362 (D.C. Cir. 1990). 770 Sec. 3026(2) of Pub. L. No. 102-240 added subsec. (b). 771 Sec. 3026(b) of Pub. L. No. 105-178 redesignated subsec. (d) as (b) and struck out former subsecs. (b) and (c), which related to quar- terly reports and biennial needs report, respectively. Subsec. (c) had been added by sec. 310 of Pub. L. No. 105-599. 772 Sec. 127(b) of Pub. L. No. 104-316 struck “and in January of every 2d year after 1993”. Former subsec. (b) was similarly amended. 773 Sec. 5(9) of Pub. L. No. 104-287 struck “Public Works and Transportation” and substituted “Transportation and Infrastructure”. Former subsecs. (b) and (d) were similarly amended. 774 Repealed by sec. 3007(c)(5) of Pub. L. No. 105-178. 775 Sec. 5(18) of Pub. L. No. 104-287 struck “With” and substituted “with”.

291 (C) the State's efforts to extend public mass transportation services to unserved rural areas; and (3) examine the relative levels of Government mass transportation assistance and services in urban and rural ar- eas in the fiscal year that ended September 30, 1991, and the extent to which the assistance and service has changed in later fiscal years because of mass transportation resources made available under this chapter and the In- termodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 1914). Section 3036 of Public Law 109-59 amended section 5338 generally. Before amendment, section 5338 read: Section 5338.776 Authorizations.777 (a)778 FORMULA GRANTS.— (1) FISCAL YEAR 1998.— (A) FROM THE TRUST FUND.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5307, 5310, and 5311, $2,260,000,000 for fiscal year 1998. (B) FROM THE GENERAL FUND.—In addition to amounts made available under subparagraph (A), there are au- thorized to be appropriated to carry out sections 5307, 5310, and 5311, $240,000,000 for fiscal year 1998. (C) ALLOCATION OF FUNDS.—Of the aggregate of amounts made available by and appropriated under this paragraph for a fiscal year— (i) $4,849,950 shall be available to the Alaska Railroad for improvements to its passenger operations un- der section 5307; (ii) $62,219,389 shall be available to provide transportation services to elderly individuals and individu- als with disabilities under section 5310;779 (iii) $134,077,934 shall be available to provide financial assistance for other than urbanized areas under section 5311; and (iv) $2,298,852,727 shall be available to provide financial assistance for urbanized areas under section 5307. (2) FISCAL YEARS 1999 THROUGH 2004 AND FOR THE PERIOD OF OCTOBER 1, 2003 THROUGH JULY 30, 2005.780— (A) FROM THE TRUST FUND.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5307, 5308, 5310, and 5311— (i) $2,280,000,000 for fiscal year 1999; (ii) $2,478,400,000 for fiscal year 2000; (iii) $2,676,000,000 for fiscal year 2001; 776 Pub. L. No. 103-272 codified portions of §§ 3, 4, 9B, 11, 16, 18, 21, and 29 of the Federal Transit Act to constitute this section; see app. B; omitted references to fiscal year 1992 throughout the section; omitted text in subsecs. (a), (d), (h), (j), (k), and (l); added text in subsecs. (a), (b), (j), and (k); and translated text in subsec. (e). Sec. 302(s) of Pub. L. No. 97-424 first added § 21 as the authorizations section; § 21 was updated by sec. 328 of Pub. L. No. 10017 and sec. 3025 of Pub. L. No. 102-240. 777 Sec. 3029(a) of Pub. L. No. 105-178 reenacted the section catchline without change and amended the text generally, substituting provisions relating to authorizations for federal transit programs for fiscal years 1998 to 2003 for provisions relating to authorizations for federal transit programs for fiscal years ending Sept. 30, 1993, to 1997 and for period from Oct. 1, 1997, to Mar. 31, 1998. Prior to amendment by Pub. L. No. 105-178, § 3049(c)(6) of Pub. L. No. 102-240, as added by sec. 8 of Pub. L. No. 105-130, added a subpara. (j)(5)(D), which read: “(D) the lesser of $1,500,000 or an amount that the Secretary determines is necessary is available to carry out sec- tion 5318 for the period of October 1, 1997, through March 31, 1998.”; § 3049(c)(7) of Pub. L. No. 102-240, as added by sec. 8 of Pub. L. No. 105-130, struck “or (e)” and inserted “(e), or (m)” in subsec. (k); and § 3049(c)(8) of Pub. L. No. 102-240, as added by sec. 8 of Pub. L. No. 105-130, added subsec. (m), which read: (m) SECTION 5316 FOR THE PERIOD OF OCTOBER 1, 1997, THROUGH MARCH 31, 1998.—Not more than the following amounts may be appropriated to the Secretary from the Fund (except the Account) for the period of October 1, 1997, through March 31, 1998: (1) $125,000 to carry out section 5316(a). (2) $1,500,000 to carry out section 5316(b). (3) $500,000 to carry out section 5316(c). (4) $500,000 to carry out section 5316(d). (5) $500,000 to carry out section 5316(e). 778 Prior to amendment by Pub. L. No. 105-178, § 3049(c)(1)(A) of Pub. L. No. 102-240, as added by sec. 8 of Pub. L. No. 105-130, added a subpara. (a)(1)(F); § 3049(c)(1)(B) of Pub. L. No. 102-240, as added by sec. 8 of Pub. L. No. 105-130, added a subpara. (a)(2)(F). 779 Prior to enactment of Pub. L. No. 105-178, the allocation of all funds for transportation services to elderly individuals and indi- viduals with disabilities was expressed as a percentage of the general funds for formula grants: 3.5 percent of funds appropriated under § 21(a)(2) of the Federal Transit Act, per § 317(a) of Pub. L. No. 97-424, up from 2.5 percent of funds appropriated under § 4(e)(3) of the Federal Transit Act before that amendment. 780 Sec. 8(c)(1) of Pub. L. No. 108-88 inserted “AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004”. This period of availability was updated by sec. 9(c)(1) of Pub. L. No. 108-202; sec. 7(c)(1) of Pub. L. No. 108-224; and sec. 7(c)(1) of Pub. L. No. 108-263. Sec. 7(c)(1) of Pub. L. No. 108-280 struck “2003, AND FOR THE PERIOD OF OCTOBER 1, 2003 THROUGH JULY 31,”. Sec. 8(c)(1) inserted “AND FOR THE PERIOD OF OCTOBER 1, 2003 THROUGH MAY 31, 2005”. This period of availability was updated by sec. 7(b)(1) of Pub. L. Nos. 109- 14, 109-20, 109-35, 109-37, and 109-40.

292 (iv) $2,873,600,000 for fiscal year 2002; (v) $3,071,200,000 for fiscal year 2003; (vi) $3,071,200,000 for fiscal year 2004;781 (vii) $2,796,817,658 for the period of October 1, 2004, through July 30, 2005.782 (B) FROM THE GENERAL FUND.--In addition to amounts made available under subparagraph (A), there are au- thorized to be appropriated to carry out sections 5307, 5308, 5310, and 5311— (i) $570,000,000 for fiscal year 1999; (ii) $619,600,000 for fiscal year 2000; (iii) $669,000,000 for fiscal year 2001; (iv) $718,400,000 for fiscal year 2002; (v) $767,800,000 for fiscal year 2003; (vi) $767,800,000 for fiscal year 2004;783 (vii) $550,440,000 for the period of October 1, 2004, through July 30, 2005.784 (C) ALLOCATION OF FUNDS.—Of the aggregate of amounts made available by and appropriated under this para- graph for each of fiscal years 1999 through 2005 (other than for the period of October 1, 2004, through July 30, 2005) — 785 (i) $4,849,950 shall be available to the Alaska Railroad for improvements to its passenger operations un- der section 5307; (ii) $50,000,000 shall be available to carry out section 5308; and (iii) of the remaining amount-- (I) 2.4 percent shall be available to provide transportation services to elderly individuals and indi- viduals with disabilities under section 5310; (II) 6.37 percent shall be available to provide financial assistance for other than urbanized areas un- der section 5311; and (III) 91.23 percent shall be available to provide financial assistance for urbanized areas under section 5307. (b)786 CAPITAL PROGRAM GRANTS AND LOANS.— (1) FISCAL YEAR 1998.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5309, $2,000,000,000 for fiscal year 1998. (2) FISCAL YEARS 1999 THROUGH 2004 AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH JULY 30, 2005.787— (A) FROM THE TRUST FUND.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5309— (i) $1,805,600,000 for fiscal year 1999; (ii) $1,960,800,000 for fiscal year 2000; (iii) $2,116,800,000 for fiscal year 2001; (iv) $2,272,800,000 for fiscal year 2002; (v) $2,428,800,000 for fiscal year 2003; 781 Sec. 8(c)(2)–(4) of Pub. L. No. 108-88 made formatting changes to cls. (iv) and (v) and inserted cl. (vi). The amount available and period of availability in cl. (vi) were updated by sec. 9(b)(2) of Pub. L. No. 108-202; sec. 7(c)(2) of Pub. L. No. 108-224; sec. 7(c)(2) of Pub. L. No. 108-263; sec. 7(c)(2) of Pub. L. No. 108-280. 782 Sec. 8(c)(2)–(4) of Pub. L. No. 108-310 made formatting changes to cls. (v) and (vi) and inserted cl. (vii). The amount available and period of availability in cl. (vii) were updated by sec. 7(b)(2) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 783 Sec. 8(c)(2), (3), and (5) of Pub. L. No. 108-88 made formatting changes to cls. (iv) and (v) and inserted cl. (vi). The amount avail- able and period of availability in cl. (vi) were updated by sec. 9(b)(3) of Pub. L. No. 108-202; sec. 7(c)(3) of Pub. L. No. 108-224; sec. 7(c)(3) of Pub. L. No. 108-263; sec. 7(c)(3) of Pub. L. No. 108-280. 784 Sec. 8(c)(2), (3), and (5) of Pub. L. No. 108-310 made formatting changes to cls. (v) and (vi) and inserted cl. (vii). The period of availability in cl. (vii) was updated by sec. 7(b)(3) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 785 Sec. 8(c)(6) of Pub. L. No. 108-88 inserted “(other than for the period of October 1, 2003, through February 29, 2004)”. This time pe- riod was updated by sec. 9(b)(4) of Pub. L. No. 108-202; sec. 7(c)(4) of Pub. L. No. 108-224; and sec. 7(c)(4) of Pub. L. No. 108-263. Sec. 7(c)(4) of Pub. L. No. 108-280 struck “a fiscal year (other than for the period of October 1, 2003, through July 31, 2004)” and inserted “each of fiscal years 1999 through 2003”. Sec. 8(a)(6) of Pub. L. No. 108-310 struck “2003” and inserted “2005 (other than for the period of October 1, 2004, through May 31, 2005)”. This period of availability was updated by sec. 7(b)(4) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 786 Prior to amendment by Pub. L. No. 105-178, § 3049(c)(2) of Pub. L. No. 102-240, as added by sec. 8 of Pub. L. No. 105-130, added a subpara. (b)(1)(F). 787 Sec. 8(e)(1) of Pub. L. No. 108-88 inserted “AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004”. This period of availability was extended by sec. 9(e)(1) of Pub. L. No. 108-202; sec. 7(e)(1) of Pub. L. No. 108-224; and sec. 7(e)(1) of Pub. L. No. 108-263. Sec. 7(e)(1) of Pub. L. No. 108-280 struck “2003 AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,”. Sec. 8(e)(1) of Pub. L. No. 108-310 inserted “AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005”. This period of availability was extended by section 7(d)(1) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40.

293 (vi) $2,510,000,000 for fiscal year 2004;788 (vii) $2,336,442,169 for the period of October 1, 2004, through July 30, 2005.789 (B) FROM THE GENERAL FUND.—In addition to amounts made available under subparagraph (A), there are au- thorized to be appropriated to carry out section 5309— (i) $451,400,000 for fiscal year 1999; (ii) $490,200,000 for fiscal year 2000; (iii) $529,200,000 for fiscal year 2001; (iv) $568,200,000 for fiscal year 2002; (v) $607,200,000 for fiscal year 2003; (vi) $627,500,000 for fiscal year 2004;790 (vii) $435,240,000 for the period of October 1, 2004, through July 30, 2005.791 (c)792 PLANNING.— (1) FISCAL YEAR 1998.—There are authorized to be appropriated to carry out sections 5303, 5304, 5305, and 5313(b), $47,750,000 for fiscal year 1998. (2) FISCAL YEARS 1999 THROUGH 2003 AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH JULY 30, 2005.793— (A)794 FROM THE TRUST FUND.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5303, 5304, 5305, and 5313(b)— (i) $42,200,000 for fiscal year 1999; (ii) $48,400,000 for fiscal year 2000; (iii) $50,200,000 for fiscal year 2001; (iv) $53,800,000 for fiscal year 2002; (v) $58,600,000 for fiscal year 2003; (vi) $58,600,000 for fiscal year 2004;795 (vii) $50,146,668 for the period of October 1, 2004, through July 30, 2005.796 (B) FROM THE GENERAL FUND.—In addition to amounts made available under subparagraph (A), there are au- thorized to be appropriated to carry out sections 5303, 5304, 5305, and 5313(b)— (i) $10,800,000 for fiscal year 1999; (ii) $11,600,000 for fiscal year 2000; (iii) $12,800,000 for fiscal year 2001; (iv) $13,200,000 for fiscal year 2002; (v) $14,400,000 for fiscal year 2003; (vi) $14,400,000 for fiscal year 2004;797 788 Sec. 8(e)(2)–(4) of Pub. L. No. 108-88 made formatting changes to cls. (iv) and (v) and inserted cl. (vi). The amount available and period of availability were updated by sec. 9(e)(2) of Pub. L. No. 108-202; sec. 7(e)(2) of Pub. L. No. 108-224; sec. 7(e)(2) of Pub. L. No. 108-263. 789 Sec. 8(e)(2)–(4) of Pub. L. No. 108-310 made formatting changes to cls. (v) and (vi) and inserted cl. (vii). The amount available and period of availability were updated by sec. 7(d)(2) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 790 Sec. 8(e)(2), (3), and (5) of Pub. L. No. 108-88 made formatting changes to cls. (iv) and (v) and inserted cl. (vi). The amount avail- able and period of availability were updated by sec. 9(e)(3) of Pub. L. No. 108-202; sec. 7(e)(3) of Pub. L. No. 108-224; sec. 7(e)(3) of Pub. L. No. 108-263; and sec. 7(e)(3) of Pub. L. No. 108-280. 791 Sec. 8(e)(2), (3), and (5) of Pub. L. No. 108-310 made formatting changes to cls. (v) and (vi) and inserted cl. (vii). The period of availability was extended by sec. 7(d)(3) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 792 Prior to amendment by Pub. L. No. 105-178, sec. 3049(c)(3) of Pub. L. No. 102-240, as added by sec. 8 of Pub. L. No. 105-130, in- serted “and not more than $3,000,000 is available from the Fund (except the Account) for the Secretary for the period of October 1, 1997, through March 31, 1998,” after “1997,”. 793 Sec. 8(f)(1) of Pub. L. No. 108-88 inserted “AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004”. This period of availability was extended by sec. 9(f)(1) of Pub. L. No. 108-202; sec. 7(f)(1) of Pub. L. No. 108-224; and sec. 7(f)(1) of Pub. L. No. 108-263. Sec. 7(f)(1) of Pub. L. No. 108-280 struck “2003 AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,”. Sec. 8(f)(1) inserted “AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005”. This period of availability was extended by sec. 7(e)(1) of Pub. L. Nos. 109- 14, 109-20, 109-35, 109-37, and 109-40. 794 Secs. 3029(c)(1)–(5) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, substituted “$42,200,000” for “$43,200,000”, “$48,400,000” for “$46,400,000”, “$50,200,000” for “$51,200,000”, “$53,800,000” for “$52,800,000”, and “$58,600,000” for “$57,600,000” in cls. (i) to (v), respectively. 795 Sec. 8(f)(2)–(4) of Pub. L. No. 108-88 made formatting changes to cls. (iv) and (v) and inserted cl. (vi). The amount available and pe- riod of availability were updated by sec. 9(f)(2) of Pub. L. No. 108-202; sec. 7(f)(2) of Pub. L. No. 108-224; sec. 7(f)(2) of Pub. L. No. 108- 263; and sec. 7(f)(2) of Pub. L. No. 108-280. 796 Secs. 8(f)(2)–(4) of Pub. L. No. 108-310 made formatting changes to cls. (v) and (vi) and inserted cl. (vii). The amount available and period of availability were updated by sec. 7(e)(2) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40.

294 (vii) $10,453,333 for the period of October 1, 2004, through July 30, 2005.798 (C) ALLOCATION OF FUNDS.—Of the funds made available by or appropriated under this paragraph for a fiscal year or any portion of a fiscal year799— (i) 82.72 percent shall be available for metropolitan planning under sections 5303, 5304, and 5305; and (ii) 17.28 percent shall be available for State planning under section 5313(b). (d) RESEARCH.— (1) FISCAL YEAR 1998.—There are authorized to be appropriated to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $44,250,000 for fiscal year 1998. (2) FISCAL YEARS 1999 THROUGH 2004 AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH JULY 30, 2005.800— (A) FROM THE TRUST FUND.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322— (i) $36,000,000 for fiscal year 1999; (ii) $37,600,000 for fiscal year 2000; (iii) $37,600,000 for fiscal year 2001; (iv) $39,200,000 for fiscal year 2002; (v) $39,200,000 for fiscal year 2003; (vi) $42,200,000 for fiscal year 2004;801 (vii) $39,950,343 for the period of October 1, 2004, through July 30, 2005.802 (B) FROM THE GENERAL FUND.—In addition to amounts made available under subparagraph (A), there are au- thorized to be appropriated to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322— (i) $9,000,000 for fiscal year 1999; (ii) $9,400,000 for fiscal year 2000; (iii) $9,400,000 for fiscal year 2001; (iv) $9,800,000 for fiscal year 2002; (v) $9,800,000 for fiscal year 2003; (vi) $10,800,000 for fiscal year 2004;803 (vii) $7,066,667 for the period of October 1, 2004, through July 30, 2005.804 (C) ALLOCATION OF FUNDS.—Of the funds made available by or appropriated under this paragraph for a fiscal year (other than for the period of October 1, 2004, through July 30, 2005)805— (i) not less than $5,250,000 shall be available for providing rural transportation assistance under section 5311(b)(2); (ii) not less than $8,250,000 shall be available for carrying out transit cooperative research programs un- der section 5313(a); 797 Secs. 8(f)(2), (3), and (5) of Pub. L. No. 108-88 made formatting changes to cls. (iv) and (v) and inserted cl. (vi). The amount avail- able and period of availability were updated by sec. 9(f)(3) of Pub. L. No. 108-202; sec. 7(f)(3) of Pub. L. No. 108-224; sec. 7(f)(3) of Pub. L. No. 108-263; and sec. 7(f)(3) of Pub. L. No. 108-280. 798 Secs. 8(f)(2), (3), and (5) of Pub. L. No. 108-310 made formatting changes to cls. (v) and (vi) and inserted cl. (vii). The period of availability was extended by sec. 7(e)(3) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 799 Sec. 8(f)(6) of Pub. L. No. 108-88 inserted “or any portion of a fiscal year” after “fiscal year”. Sec. 7(f)(4) of Pub. L. No. 108-280 struck “or any portion of a fiscal year”. Sec. 8(f)(6) of Pub. L. No. 108-310 inserted “or any portion of a fiscal year”. 800 Sec. 8(g)(1) of Pub. L. No. 108-88 inserted “AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004”. This period of availability was extended by sec. 9(g)(1) of Pub. L. No. 108-202; sec. 7(g)(1) of Pub. L. No. 108-224; and sec. 7(g)(1) of Pub. L. No. 108- 263. Sec. 7(g)(1) of Pub. L. No. 108-280 struck “2003 AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,”. Sec. 8(g)(1) inserted “AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005”. This period of availability was extended by sec. 7(f)(1) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 801 Sec. 8(g)(2)–(4) of Pub. L. No. 108-88 made formatting changes to cls. (iv) and (v) and inserted cl. (vi). The amount available and period of availability were updated by sec. 9(g)(2) of Pub. L. No. 108-202; sec. 7(g)(2) of Pub. L. No. 108-224; sec. 7(g)(2) of Pub. L. No. 108-263; and sec. 7(g)(2) of Pub. L. No. 108-280. 802 Sec. 8(g)(2)–(4) of Pub. L. No. 108-310 made formatting changes to cls. (v) and (vi) and inserted cl. (vii). The amount available and period of availability were updated by sec. 7(f)(2) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 803 Sec. 8(g)(2), (3), and (5) of Pub. L. No. 108-88 made formatting changes to cls. (iv) and (v) and inserted cl. (vi). The amount avail- able and period of availability were updated by sec. 9(g)(3) of Pub. L. No. 108-202; sec. 7(g)(3) of Pub. L. No. 108-224; sec. 7(g)(3) of Pub. L. No. 108-263; and sec. 7(g)(3) of Pub. L. No. 108-280. 804 Sec. 8(g)(2), (3), and (5) of Pub. L. No. 108-310 made formatting changes to cls. (v) and (vi) and inserted cl. (vii). The period of availability was extended by sec. 7(f)(3) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 805 Sec. 8(g)(6) of Pub. L. No. 108-88 inserted “(other than for the period of October 1, 2003, through February 29, 2004)”. This period of availability was extended by sec. 9(g)(4) of Pub. L. No. 108-202; sec. 7(g)(4) of Pub. L. No. 108-224; and sec. 7(g)(4) of Pub. L. No. 108- 263. Sec. 7(g)(4) of Pub. L. No. 108-280 struck “(other than for the period of October 1, 2003, through July 31, 2004)”. Sec. 8(g)(6) of Pub. L. No. 108-310 inserted “(other than for the period of October 1, 2004, through May 31, 2005)”. The period of availability was extended by sec. 7(f)(4) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40.

295 (iii) not less than $4,000,000 shall be available to carry out programs under the National Transit Institute under section 5315, including not more than $1,000,000 shall be available to carry out section 5315(a)(16);806 and (iv) the remainder shall be available for carrying out national planning and research programs under sec- tions 5311(b)(2), 5312, 5313(a), 5314, and 5322. (e)807 UNIVERSITY TRANSPORTATION RESEARCH.— (1) FISCAL YEAR 1998.—Subject to paragraph (2)(C), there are808 authorized to be appropriated to carry out section 5505809 $6,000,000 for fiscal year 1998. (2) FISCAL YEARS 1999 THROUGH 2004 AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH JULY 30, 2005.810— (A) FROM THE TRUST FUND.—Subject to subparagraph (C), there shall811 be available from the Mass Transit Ac- count of the Highway Trust Fund to carry out section 5505, $4,800,000 for each of fiscal years 1999 through 2004 and $4,180,822 for the period of October 1, 2004, through July 30, 2005.812 (B) FROM THE GENERAL FUND.—Subject to subparagraph (C), in addition813 to amounts made available under subparagraph (A), there are authorized to be appropriated to carry out section 5505, $1,200,000 for each of fiscal years 1999 through 2004 and $800,000 for the period of October 1, 2004, through July 30, 2005.814 (C)815 FUNDING OF CENTERS.— (i) Of the amounts made available under subparagraph (A) and paragraph (1) for each fiscal year (other than for the period of October 1, 2004, through July 30, 2005) 816— (I) $2,000,000 shall be available for the center identified in section 5505(j)(4)(A); and (II) $2,000,000 shall be available for the center identified in section 5505(j)(4)(F). (ii) For each of fiscal years 1998 through 2001, of the amounts made available under this paragraph and paragraph (1)— 806 Sec. 3029(c)(6) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, inserted “, including not more than $1,000,000 shall be available to carry out section 5315(a)(16)”. 807 Prior to amendment by Pub. L. No. 105-178, § 3049(c)(4) of Pub. L. No. 102-240, as added by sec. 8 of Pub. L. No. 105-130, inserted “and not more than $3,000,000 is available from the Fund (except the Account) for the Secretary for the period of October 1, 1997, through March 31, 1998,” after “1997,”. 808 Sec. 3029(c)(7)(B) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, struck “There are” and inserted “Subject to paragraph (2)(C), there are”. 809 So in original. Probably should be followed by a comma. Sec. 3029(c)(7)(A) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, struck “5317(b)” each place it appeared in subsec. (e) and inserted “5505”. 810 Sec. 8(i)(1) of Pub. L. No. 108-88 inserted “AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004”. This period of availability was extended by sec. 9(i)(1) of Pub. L. No. 108-202; sec. 7(i) of Pub. L. No. 108-224; and sec. 7(i) of Pub. L. No. 108-263. Sec. 7(i)(1) of Pub. L. No. 108-280 struck “2003 AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,”. Sec. 8(i)(1) of Pub. L. No. 108- 310 inserted “AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005”. This period of availability was extended by sec. 7(h)(1) of Pub. L. Nos. 109-14, 109-35, 109-37, and 109-40. 811 Sec. 3029(c)(7)(C)(i) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, struck “There are” and inserted “Sub- ject to subparagraph (C), there are”. 812 Sec. 8(i)(2) of Pub. L. No. 108-88 inserted “and $2,020,833 for the period of October 1, 2003, through February 29, 2004”. The amount available and period of availability were updated by sec. 9(i)(2) of Pub. L. No. 108-202; sec. 7(i)(2) of Pub. L. No. 108-224; and sec. 7(i)(2) of Pub. L. No. 108-263. Sec. 7(i)(2) of Pub. L. No. 108-280 struck “2003 and $3,976,400 for the period of October 1, 2003, through July 31,”. Sec. 8(i)(2) of Pub. L. No. 108-310 inserted “and $3,200,000 for the period of October 1, 2004, through May 31, 2005”. The amount available and period of availability were updated by sec. 7(h)(2) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 813 Sec. 3029(c)(7)(C)(ii) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, struck “In addition” and inserted “Subject to subparagraph (C), in addition”. 814 Sec. 8(i)(1) of Pub. L. No. 108-88 inserted “and $505,833 for the period of October 1, 2003, through February 29, 2004”. The amount available and period of availability were updated by sec. 9(i)(3) of Pub. L. No. 108-202; sec. 7(i)(3) of Pub. L. No. 108-224; and sec. 7(i)(3) of Pub. L. No. 108-263. Sec. 7(i)(3) of Pub. L. No. 108-280 struck “2003 and $994,100 for the period of October 1, 2003, through July 31,”. Sec. 8(i)(3) of Pub. L. No. 108-310 inserted “and $800,000 for the period of October 1, 2004, through May 31, 2005”. The period of avail- ability was extended by sec. 7(h)(3) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 815 Sec. 3029(c)(7)(C)(iii) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, added this subparagraph. The period of availability was extended by sec. 7(h)(3) of Pub. L. No. 109-14. 816 Sec. 8(i)(4) of Pub. L. No. 108-88 inserted “(other than for the period of October 1, 2003, through February 29, 2004)” here and in cl. (iii). This period of availability was extended by sec. 9(i)(4) of Pub. L. No. 108-202; sec. 7(i)(4) of Pub. L. No. 108-224; and sec. 7(i)(4) of Pub. L. No. 108-263. Sec. 7(i)(4) of Pub. L. No. 108-280 struck “(other than for the period of October 1, 2003, through July 31, 2004)” here and in cl. (iii). Sec. 8(i)(4) of Pub. L. No. 108-310 inserted “(other than for the period of October 1, 2004, through May 31, 2005)” here and in cl. (iii). This period of availability was extended here and in cl. (iii) by sec. 7(h)(4) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40.

296 (I) $400,000 shall be available from amounts made available under subparagraph (A) of this para- graph and under paragraph (1) for each of the centers identified in subparagraphs (E) and (F) of section 5505(j)(3); and (II) $350,000 shall be available from amounts made available under subparagraph (B) of this para- graph and under paragraph (1) for each of the centers identified in subparagraphs (E) and (F) of section 5505(j)(3). (iii) Any amounts made available under this paragraph or paragraph (1) for any fiscal year (other than for the period of October 1, 2004, through July 30, 2005) that remain after distribution under clauses (i) and (ii), shall be available for the purposes identified in section 3015(d) of the Federal Transit Act of 1998. (3)817 SPECIAL RULE.—Nothing in this subsection shall be construed to limit the transportation research conducted by the centers funded by this section. (f) ADMINISTRATION.— (1) FISCAL YEAR 1998.—There are authorized to be appropriated to carry out section 5334, $45,738,000 for fiscal year 1998. (2) FISCAL YEARS 1999 THROUGH 2003 AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH AUGUST 14, 2005.818— (A) FROM THE TRUST FUND.—There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out section 5334— (i) $43,200,000 for fiscal year 1999; (ii) $48,000,000 for fiscal year 2000; (iii) $51,200,000 for fiscal year 2001; (iv) $53,600,000 for fiscal year 2002; (v) $58,400,000 for fiscal year 2003; (vi) $60,400,000 for fiscal year 2004;819 (vii) $57,650,686 for the period of October 1, 2004, through August 14, 2005.820 (B) FROM THE GENERAL FUND.--In addition to amounts made available under subparagraph (A), there are au- thorized to be appropriated to carry out section 5334— (i) $10,800,000 for fiscal year 1999; (ii) $12,000,000 for fiscal year 2000; (iii) $12,800,000 for fiscal year 2001; (iv) $13,400,000 for fiscal year 2002; (v) $14,600,000 for fiscal year 2003; (vi) $15,100,000 for fiscal year 2004;821 (vii) $10,400,000 for the period of October 1, 2004, through August 14, 2005.822 (g) GRANTS AS CONTRACTUAL OBLIGATIONS.823— 817 Sec. 3029(c)(7)(D) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, added this paragraph. 818 Sec. 8(k)(1) of Pub. L. No. 108-88 inserted “AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004”. The period of availability was extended by sec. 9(k)(1) of Pub. L. Nos. 108-202, 108-224, and 108-263. Sec. 7(k)(1) of Pub. L. No. 108-280 struck “2003 AND FOR THE PERIOD OF OCTOBER 1, 2003, THROUGH JULY 31,”. Sec. 8(k)(1) of Pub. L. No. 108-310 inserted “AND FOR THE PERIOD OF OCTOBER 1, 2004, THROUGH MAY 31, 2005”. That period of availability was extended by sec. 7(j)(1) of Pub. L. Nos. 109-1, 109-20, 109-35, 109-37, and 109-40, and sec. 5(a)(1) of Pub. L. No. 109-42. 819 Sec. 8(k)(2)–(4) of Pub. L. No. 108-88 made formatting changes and inserted cl. (vi). The amount available and period of availabil- ity were updated by sec. 9(k)(2) of Pub. L. Nos. 108-202, 108-224, 108-263, and 108-280. 820 Sec. 8(k)(2)–(4) of Pub. L. No. 108-310 made formatting changes and inserted cl. (vii). The amount available and period of availability were updated by sec. 7(j)(2) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40, and sec. 5(a)(2) of Pub. L. No. 109-42. 821 Sec. 8(k)(2), (3), and (5) of Pub. L. No. 108-88 made formatting changes and inserted cl. (vi). The amount available and period of availability were updated by sec. 9(k)(3) of Pub. L. No. 108-202; sec. 7(k)(3) of Pub. L. No. 108-224; sec. 7(k)(3) of Pub. L. No. 108-263; and sec. 7(k)(3) of Pub. L. No. 108-280. 822 Sec. 8(k)(2), (3), and (5) of Pub. L. No. 108-310 made formatting changes and inserted cl. (vii). The period of availability was ex- tended by sec. 7(j)(3) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40, and sec. 5(a)(3) of Pub. L. No. 109-42. 823 Pub. L. No. 108-447, div. H, tit. I, § 160, Dec. 8, 2004, 118 Stat. 3223, provided that: “The limitations on obligations for the pro- grams of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obli- gation, or to any other authority previously made available for obligation.” Similar provisions were contained in the following prior appropriation acts: Pub. L. No. 108-199, div. F, tit. I, § 160, 118 Stat. 308. Pub. L. No. 108-7, div. I, tit. III, § 309, Feb. 20. 2003, 117 Stat. 407. Pub. L. No. 107-87, tit. III, § 309, Dec. 18, 2001, 115 Stat. 855. Pub. L. No. 106-346, § 101(a) [tit. III, § 311], Oct. 23, 2000, 114 Stat. 1356, 1356A-27. Pub. L. No. 106-69, tit. III, § 311, Oct. 9, 1999, 113 Stat. 1018. Pub. L. No. 105-277, div. A, § 101(g) [tit. III, § 311], Oct. 21, 1998, 112 Stat. 2681-439, 2681-467.

297 (1) GRANTS FINANCED FROM THE HIGHWAY TRUST FUND.—A grant or contract approved by the Secretary, that is fi- nanced with amounts made available under subsection (a)(1)(A), (a)(2)(A), (b)(1), (b)(2)(A), (c)(2)(A), (d)(2)(A), (e)(2)(A), or (f)(2)(A) is a contractual obligation of the United States Government to pay the Government's share of the cost of the project. (2)824 GRANTS FINANCED FROM GENERAL FUNDS.—A grant or contract, approved by the Secretary, that is financed with amounts made available under subsection (a)(1)(B), (a)(2)(B), (b)(2)(B), (c)(1), (c)(2)(B), (d)(1), (d)(2)(B), (e)(1), (e)(2)(B), (f)(1), (f)(2)(B),825 or (h) is a contractual obligation of the Government to pay the Government's share of the cost of the project only to the extent that amounts are provided in advance in an appropriations Act. (h) ADDITIONAL AMOUNTS.—In addition to amounts made available by or appropriated under subsections (a) through (f) under the Transportation Discretionary Spending Guarantee for the Mass Transit Category,826 there are authorized to be appropriated— (1) to carry out sections 5303, 5304, 5305, and 5313(b)— (A) for fiscal year 1999, $32,000,000; (B) for fiscal year 2000, $33,000,000; (C) for fiscal year 2001, $34,000,000; (D) for fiscal year 2002, $35,000,000; and (E) for fiscal year 2003, $36,000,000; (2) to carry out section 5307, $150,000,000 for each of fiscal years 1999 through 2003; (3)827 to carry out section 5308, $100,000,000 for each of fiscal years 1999 through 2003; (4) to carry out section 5309(m)(1)(A), $100,000,000 for each of fiscal years 1999 through 2003; (5)828 to carry out section 5309(m)(1)(B)— (A) for fiscal year 1999829 $400,000,000; (B) for fiscal year 2000830 $410,000,000; (C) for fiscal year 2001831 $420,000,000; Pub. L. No. 105-66, tit. III, § 311, Oct. 27, 1997, 111 Stat. 1443. Pub. L. No. 104-205, tit. III, § 311, Sept. 30, 1996, 110 Stat. 2971. Pub. L. No. 104-50, tit. III, § 312, Nov. 15, 1995, 109 Stat. 455. Pub. L. No. 103-331, tit. III, § 313, Sept. 30, 1994, 108 Stat. 2490. Pub. L. No. 103-122, tit. III, § 313, Oct. 27, 1993, 107 Stat. 1221. Pub. L. No. 102-388, tit. III, § 313, Oct. 6, 1992, 106 Stat. 1546. Pub. L. No. 102-143, tit. III, § 313, Oct. 28, 1991, 105 Stat. 941, as amended by Pub. L. No. 102-240, tit. III, §§ 3003(b), 3004(b), Dec. 18, 1991, 105 Stat. 2088. Pub. L. No. 101-516, tit. III, § 313, Nov. 5, 1990, 104 Stat. 2181. Pub. L. No. 101-164, tit. III, § 314, Nov. 21, 1989, 103 Stat. 1094. Pub. L. No. 100-457, tit. III, § 314, Sept. 30, 1988, 102 Stat. 2148. Pub. L. No. 100-202, § 101(l) [tit. III, § 314], Dec. 22, 1987, 101 Stat. 1329-358, 1329-379. Pub. L. No. 99-500, § 101(l) [H.R. REP. No. 5205, tit. III, § 317], Oct. 18, 1986, 100 Stat. 1783-308, and Pub. L. No. 99-591, § 101(l) [H.R. REP. NO. 5205, tit. III, § 317], Oct. 30, 1986, 100 Stat. 3341-308. Pub. L. No. 99-190, § 101(e) [tit. III, § 322], Dec. 19, 1985, 99 Stat. 1267, 1287. 824 Prior to amendment by Pub. L. No. 105-178, sec. 5(20) of Pub. L. No. 104-287 struck “section 5308(b)(2)” and substituted “section 5311(b)(2)”. 825 Sec. 3029(c)(8) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, substituted “(c)(1), (c)(2)(B), (d)(1), (d)(2)(B), (e)(1), (e)(2)(B), (f)(1), (f)(2)(B),” for “(c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B),”. 826 Sec. 3029(c)(9) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, inserted “under the Transportation Discre- tionary Spending Guarantee for the Mass Transit Category”. 827 Prior to amendment by Pub. L. No. 105-178, § 3049(c)(5) of Pub. L. No. 102-240, as added by sec. 8 of Pub. L. No. 105-130, inserted before the period at the end, “and $3,000,000 is available for section 5317 for the period of October 1, 1997, through March 31, 1998”. 828 Sec. 3029(c)(10) of Pub. L. No. 105-178, as added by sec. 9009(q) of Pub. L. No. 105-206, struck subparas. (A)–(E) and inserted these subparagraphs. The former subparagraphs read: (A) for fiscal year 1999, $600,000,000; (B) for fiscal year 2000, $610,000,000; (C) for fiscal year 2001, $620,000,000; (D) for fiscal year 2002, $630,000,000; and (E) for fiscal year 2003, $630,000,000; 829 So in original. Probably should be followed by a comma. 830 So in original. Probably should be followed by a comma. 831 So in original. Probably should be followed by a comma.

298 (D) for fiscal year 2002832 $430,000,000; and (E) for fiscal year 2003833 $430,000,000; (6) to carry out section 5309(m)(1)(C), $100,000,000 for each of fiscal years 1999 through 2003; (7) to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322— (A) for fiscal year 1999, $31,000,000; (B) for fiscal year 2000, $31,000,000; (C) for fiscal year 2001, $33,000,000; (D) for fiscal year 2002, $33,000,000; and (E) for fiscal year 2003, $34,000,000; and (8) to carry out section 5334— (A) for fiscal year 1999, $13,000,000; (B) for fiscal year 2000, $14,000,000; (C) for fiscal year 2001, $16,000,000; (D) for fiscal year 2002, $17,000,000; and (E) for fiscal year 2003, $18,000,000. (i) AVAILABILITY OF AMOUNTS.—Amounts made available by or appropriated under subsections (a) through (e), and paragraphs (1) through (7) of subsection (h), shall remain available until expended. Section 6002(d) of Public Law 109-59 repealed section 1309 of the Transportation Equity Act for the 21st Century (Pub. L. No. 105-178), which read as follows: Section 1309. Environmental Streamlining. (a) COORDINATED ENVIRONMENTAL REVIEW PROCESS.— (1) DEVELOPMENT AND IMPLEMENTATION.—The Secretary shall develop and implement a coordinated environmental review process for highway construction and mass transit projects that require— (A) the preparation of an environmental impact statement or environmental assessment under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), except that the Secretary may decide not to apply this section to the preparation of an environmental assessment under such Act; or (B) the conduct of any other environmental review, analysis, opinion, or issuance of an environmental permit, license, or approval by operation of Federal law. (2) MEMORANDUM OF UNDERSTANDING.— (A) IN GENERAL.—The coordinated environmental review process for each project shall ensure that, whenever practicable (as specified in this section), all environmental reviews, analyses, opinions, and any permits, li- censes, or approvals that must be issued or made by any Federal agency for the project concerned shall be con- ducted concurrently and completed within a cooperatively determined time period. Such process for a project or class of project may be incorporated into a memorandum of understanding between the Department of Trans- portation and Federal agencies (and, where appropriate, State agencies). (B) ESTABLISHMENT OF TIME PERIODS.—In establishing the time period referred to in subparagraph (A), and any time periods for review within such period, the Department and all such agencies shall take into account their respective resources and statutory commitments. (b) ELEMENTS OF COORDINATED ENVIRONMENTAL REVIEW PROCESS.—For each project, the coordinated environmental review process established under this section shall provide, at a minimum, for the following elements: (1) FEDERAL AGENCY IDENTIFICATION.—The Secretary shall, at the earliest possible time, identify all potential Fed- eral agencies that— (A) have jurisdiction by law over environmental-related issues that may be affected by the project and the analysis of which would be part of any environmental document required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) may be required by Federal law to independently— (i) conduct an environmental-related review or analysis; or (ii) determine whether to issue a permit, license, or approval or render an opinion on the environmental impact of the project. (2) TIME LIMITATIONS AND CONCURRENT REVIEW.—The Secretary and the head of each Federal agency identified un- der paragraph (1)— (A)(i) shall jointly develop and establish time periods for review for— (I) all Federal agency comments with respect to any environmental review documents required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the project; and (II) all other independent Federal agency environmental analyses, reviews, opinions, and decisions on any permits, licenses, and approvals that must be issued or made for the project; 832 So in original. Probably should be followed by a comma. 833 So in original. Probably should be followed by a comma.

299 whereby each such Federal agency’s review shall be undertaken and completed within such established time periods for review; or (ii) may enter into an agreement to establish such time periods for review with respect to a class of pro- ject; and (B) shall ensure, in establishing such time periods for review, that the conduct of any such analysis, review, opinion, and decision is undertaken concurrently with all other environmental reviews for the project, including the reviews required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); except that such review may not be concurrent if the affected Federal agency can demonstrate that such concurrent review would result in a significant adverse impact to the environment or substantively alter the operation of Federal law or would not be possible without information developed as part of the environmental review process. (3) FACTORS TO BE CONSIDERED.—Time periods for review established under this section shall be consistent with the time periods established by the Council on Environmental Quality under sections 1501.8 and 1506.10 of title 40, Code of Federal Regulations. (4) EXTENSIONS.—The Secretary shall extend any time periods for review under this section if, upon good cause shown, the Secretary and any Federal agency concerned determine that additional time for analysis and review is needed as a result of new information that has been discovered that could not reasonably have been anticipated when the Federal agency’s time periods for review were established. Any memorandum of understanding shall be modified to incorporate any mutually agreed-upon extensions. (c) DISPUTE RESOLUTION.—When the Secretary determines that a Federal agency which is subject to a time period for its environmental review or analysis under this section has failed to complete such review, analysis, opinion, or decision on issuing any permit, license, or approval within the established time period or within any agreed-upon extension to such time period, the Secretary may, after notice and consultation with such agency, close the record on the matter be- fore the Secretary. If the Secretary finds, after timely compliance with this section, that an environmental issue related to the project that an affected Federal agency has jurisdiction over by operation of Federal law has not been resolved, the Secretary and the head of the Federal agency shall resolve the matter not later than 30 days after the date of the finding by the Secretary. (d) PARTICIPATION OF STATE AGENCIES.—For any project eligible for assistance under chapter 1 of title 23, United States Code, or chapter 53 of title 49, United States Code, a State, by operation of State law, may require that all State agencies that have jurisdiction by State or Federal law over environmental-related issues that may be affected by the project, or that are required to issue any environmental-related reviews, analyses, opinions, or determinations on issuing any permits, licenses, or approvals for the project, be subject to the coordinated environmental review process estab- lished under this section unless the Secretary determines that a State’s participation would not be in the public interest. For a State to require State agencies to participate in the review process, all affected agencies of the State shall be sub- ject to the review process. (e) ASSISTANCE TO AFFECTED FEDERAL AGENCIES.— (1) IN GENERAL.—The Secretary may approve a request by a State or recipient to provide funds for a highway pro- ject made available under chapter 1 of title 23, United States Code, or for a mass transit project made available un- der chapter 53 of title 49, United States Code, to the State for the project subject to the coordinated environmental review process established under this section to affected Federal agencies to provide the resources necessary to meet any time limits established under this section. (2) AMOUNTS.—Such requests under paragraph (1) shall be approved only— (A) for the additional amounts that the Secretary determines are necessary for the affected Federal agencies to meet the time limits for environmental review; and (B) if such time limits are less than the customary time necessary for such review. (f) JUDICIAL REVIEW AND SAVINGS CLAUSE.— (1) JUDICIAL REVIEW.—Nothing in this section shall affect the reviewability of any final Federal agency action in a district court of the United States or in the court of any State. (2) SAVINGS CLAUSE.—Nothing in this section shall affect the applicability of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental statute or affect the responsibility of any Federal officer to comply with or enforce any such statute. (g) FEDERAL AGENCY DEFINED.—In this section, the term ‘‘Federal agency’’ means any Federal agency or any State agency carrying out affected responsibilities required by operation of Federal law. Section 3018(c) of Public Law 109-59 repealed section 3037 of the Transportation Equity Act for the 21st Century (Pub. L. No. 105–178), which read as follows: Section 3037. Job access and reverse commute grants. (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;

300 (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 con- siderably 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 subur- ban 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 fam- ily 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 develop- ment 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 may make access to jobs grants for— (i) capital projects and to finance operating costs of equipment, facilities, and associated capital mainte- nance 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. (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 ar- eas 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 opportuni- ties. (3) EXISTING TRANSPORTATION SERVICE PROVIDERS.—The term “existing transportation service provid- ers” means mass transportation operators and governmental agencies and nonprofit organizations that receive as- sistance 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 re- quirements 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 Code834, local governmental authorities and agencies, 835 and nonprofit organizations; and (B) with respect to any proposed eligible project in an urbanized area with a population of less than836 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 coor- 834 Sec. 9009(w) of Pub. L. No. 105-206 inserted “designated recipients under section 5307(a)(2) of title 49, United States Code,” here and in subpara. (B). 835 Sec. 9009(w)(1) of Pub. L. No. 105-206 inserted this comma. 836 Sec. 9009(w)(2) of Pub. L. No. 105-206 struck “at least” and inserted “less than”.

301 dination requirements in subsection (i), from among designated recipients under section 5307(a)(2) of title 49, United States Code, local governmental authorities and agencies837, 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 (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)) 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 pro- grams of other Federal departments and agencies. (d) APPLICATIONS.—Each qualified entity seeking to receive a grant under this section for an eligible project shall sub- mit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall estab- lish. (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 Secre- tary 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 ser- vices (including bicycling)838 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; (4) the extent to which the applicant demonstrates maximum utilization of existing transportation service provid- ers 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 indi- viduals; 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 ser- vices 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 un- der 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. 837 Sec. 9009(w)(2) of Pub. L. No. 105-206 inserted “and agencies”. 838 Sec. 9009(w)(2) of Pub. L. No. 105-206 struck “(including bicycling)” following “the applicant” and inserted “(including bicycling)” here.

302 (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)839 of the Social Security Act 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 ap- proval 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, 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; (v) $120,000,000 for fiscal year 2003; (vi) $100,000,000 for fiscal year 2004;840 (vii) $83,767,125 for the period of October 1, 2004, through July 30, 2005.841 (B) FROM THE GENERAL FUND.—In addition to amounts made available under subparagraph (A), there are au- thorized 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; (v) $30,000,000 for fiscal year 2003; (vi) $25,000,000 for fiscal year 2004;842 (vii) $20,000,000 for the period of October 1, 2004, through July 30, 2005.843 (C) ADDITIONAL AMOUNTS844.—In addition to amounts made available under subparagraphs (A) and (B) under the Transportation Discretionary Spending Guarantee for the Mass Transit Category845, there are authorized to be appropriated to carry out this section— 839 Sec. 9009(w)(4) of Pub. L. No. 105-206 struck “403(a)(5)(C)(ii)” and inserted “403(a)(5)(C)(vi)”. 840 Sec. 8(l)(1)–(3) of Pub. L. No. 108-88 made formatting changes and inserted cl. (vi). The amount of availability and period of avail- ability were updated by sec. 9(l)(1) of Pub. L. No. 108-202; sec. 7(l)(1) of Pub. L. No. 108-224; sec. 7(l)(1) of Pub. L. No. 108-263; and sec. 7(l)(1) of Pub. L. No. 108-280. 841 Sec. 8(l)(1)–(3) of Pub. L. No. 108-310 made formatting changes and inserted cl. (vii). The amount of availability and period of availability were updated by sec. 7(k)(1) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 842 Sec. 8(l)(1), (2), and (4) of Pub. L. No. 108-88 made formatting changes and inserted cl. (vi). The amount of availability and period of availability were updated by sec. 9(l)(2) of Pub. L. No. 108-202 and sec. 7(l)(2) of Pub. L. Nos. 108-224, 108-263, and 108-280. 843 Sec. 8(l)(1), (2), and (4) of Pub. L. No. 108-310 made formatting changes and inserted cl. (vii). The period of availability was up- dated by sec. 7(k)(2) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40.

303 (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 subpara- graphs (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; except that in the period of October 1, 2004, through July 30, 2005, not more than $8,301,370 shall be used for such projects.846 (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 than847 200,000. (C) 20 percent shall be allocated for eligible projects in areas other than urbanized areas. (4)848 TRANSFER IN FISCAL YEAR 2004.—Of the funds made available or appropriated under paragraph (1) for fiscal year 2004, prior to the allocation under paragraph (3), $20,000,000 shall be administered under the provisions of section 5309 of title 49, United States Code. Section 3038. Over-the-Road Bus Accessibility Program. Section 3039(a)(3) of Public Law 109-59 struck subsection (g). Before amendment, subsection (g) read: (g) FUNDING.— (1) 849 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 fol- lowing 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. (F) $5,250,000 for fiscal year 2004.850 G) $5,769,452 for the period of October 1, 2004, through July 30, 2005.851 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), $1,700,000 shall be available for each of fiscal years 2000 through 2004 (and $1,428,124 shall be available for the period of October 1, 2004, through July 30, 2005)852 for operators of other over-the road bus service to finance the incremental capital and 844 Sec. 9009(w)(5) of Pub. L. No. 105-206 struck “FROM THE GENERAL FUND”. 845 Sec. 9009(w)(6) of Pub. L. No. 105-206 inserted “under the Transportation Discretionary Spending Guarantee for the Mass Transit Category”. 846 Sec. 8(l)(5) of Pub. L. No. 108-88 inserted “; except that in the period of October 1, 2003, through February 29, 2004, $4,166,667 shall be used for such projects”. The period of availability and amount of availability were updated by sec. 9(l)(3) of Pub. L. No. 108-202 and sec. 7(l)(3) of Pub. L. Nos. 108-224 and 108-263. Sec. 7(l)(3) of Pub. L. No. 108-280 struck “; except that in the period of October 1, 2003, through July 31, 2004, $8,284,166 shall be used for such projects”. Sec. 8(l)(5) of Pub. L. No. 108-310 inserted “; except that in the period of October 1, 2004, through May 31, 2005, not more than $6,666,667 shall be used for such projects”. The period of availability and amount of availability were updated by sec. 7(k)(3) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 847 Sec. 9009(w)(7) of Pub. L. No. 105-206 struck “at least” and inserted “less than”. 848 Sec. 9(l)(4) of Pub. L. No. 108-202 added this paragraph. The amount available was updated by sec. 7(l)(4) of Pub. L. No. 108-224; sec. 7(l)(4) of Pub. L. No. 108-263; and sec. 7(l)(4) of Pub. L. No. 108-280. 849 Sec. 9009(x)(2)(A) of Pub. L. No. 105-206 inserted “over-the-road buses used substantially or exclusively in” and “Such sums shall remain available until expended.”. 850 Sec. 8(m)(1) of Pub. L. No. 108-88 inserted subpara. (F). The amount available and the period of availability were updated by sec. 9(m)(1) of Pub. L. No. 108-202 and sec. 7(m)(1) of Pub. L. Nos. 108-224, 108-263, and 108-280. 851 Sec. 8(m)(1) of Pub. L. No. 108-310 inserted subpara. (G). The amount available and the period of availability were updated by sec. 7(l)(1) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 852 Sec. 8(m)(2) of Pub. L. No. 108-88 inserted “(and $708,333 shall be available for the period of October 1, 2003, through February 29, 2004)”. The amount available and the period of availability were updated by sec. 9(m)(2) of Pub. L. No. 108-202 and sec. 7(m)(2) of Pub. L. Nos. 108-224 and 108-263. Sec. 7(m)(2) of Pub. L. No. 108-280 struck “$6,800,000 shall be available for fiscal years 2000 through 2003 (and $1,408,308 shall be available for the period of October 1, 2003, through July 31, 2004)” and inserted “$1,700,000 shall be

304 training costs of the Department of Transportation’s final rule regarding accessibility of over-the-road buses. Such sums shall remain available until expended.853 Section 5109(b) of Public Law 105-178 struck subsection (d) of Section 5503. The text of former subsection (d) read: The Secretary of Transportation shall establish in the Office of the Secretary an Office of Intermodalism. (1) The Director shall develop, maintain, and disseminate intermodal transportation data through the Bureau of Transportation Statistics. The Director shall coordinate the collection of data for the data base with the States and metropolitan planning organizations. The data base shall include information on— (A) the volume of property and number of individuals carried in intermodal transportation by relevant classi- fication; (B) patterns of movement of property and individuals in intermodal transportation by relevant classification by origin and destination; and (C) public and private investment in intermodal transportation facilities and services. (2) The Director shall make information from the data base available to the public. Section 5401(a) of Public Law 109-59 amended section 5505 generally. Before amendment, the section read: Section 5505.854 University transportation research. (a) REGIONAL CENTERS.—The Secretary of Transportation shall make grants to nonprofit institutions of higher learn- ing to establish and operate 1 university transportation center in each of the 10 United States Government regions that comprise the Standard Federal Regional Boundary System. (b) OTHER CENTERS.—The Secretary shall make grants to nonprofit institutions of higher learning to establish and op- erate university transportation centers, in addition to the centers receiving grants under subsection (a), to address transportation management and research and development matters, with special attention to increasing the number of highly skilled individuals entering the field of transportation. (c) SELECTION OF GRANT RECIPIENTS.— (1) APPLICATIONS.—In order to be eligible to receive a grant under this section, a nonprofit institution of higher learning shall submit to the Secretary an application that is in such form and contains such information as the Sec- retary may require. (2) SELECTION CRITERIA.—Except as otherwise provided by this section, the Secretary shall select each recipient of a grant under this section through a competitive process on the basis of the following: (A) For regional centers, the location of the center within the Federal region to be served. (B) The demonstrated research and extension resources available to the recipient to carry out this section. (C) The capability of the recipient to provide leadership in making national and regional contributions to the so- lution of immediate and long-range transportation problems. (D) The recipient's establishment of a surface transportation program encompassing several modes of transpor- tation. (E) The recipient's demonstrated commitment of at least $200,000 in regularly budgeted institutional amounts each year to support ongoing transportation research and education programs. (F) The recipient's demonstrated ability to disseminate results of transportation research and education pro- grams through a statewide or regionwide continuing education program. (G) The strategic plan the recipient proposes to carry out under the grant. (d) OBJECTIVES.—Each university transportation center receiving a grant under this section shall conduct the follow- ing programs and activities: (1) Basic and applied research, the products of which are judged by peers or other experts in the field to advance the body of knowledge in transportation. (2) An education program that includes multidisciplinary course work and participation in research. (3) An ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented, utilized, or otherwise applied. (e) MAINTENANCE OF EFFORT.—In order to be eligible to receive a grant under this section, a recipient shall enter into an agreement with the Secretary to ensure that the recipient will maintain total expenditures from all other sources to establish and operate a university transportation center and related research activities at a level at least equal to the average level of such expenditures in its 2 fiscal years prior to award of a grant under this section. (f) FEDERAL SHARE.—The Federal share of the costs of activities carried out using a grant made under this section is 50 available for each of fiscal years 2000 through 2004”. Previously, sec. 9009(x)(3)(A) of Pub. L. No. 105-206 struck “each of” before “fiscal years 2000”. Sec. 8(m)(2) of Pub. L. No. 108-310 inserted “(and $1,133,333 shall be available for the period of October 1, 2004, through May 31, 2005)”. The amount available and the period of availability were updated by sec. 7(l)(2) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 853 Sec. 9009(x)(3)(B) of Pub. L. No. 105-206 inserted “Such sums shall remain available until expended.”. 854 Sec. 5110(a) of Pub. L. No. 105-178 added this section.

305 percent of costs. The non-Federal share may include funds provided to a recipient under section 503, 504(b), or 505 of title 23, United States Code. (g) PROGRAM COORDINATION.— (1) COORDINATION.—The Secretary shall coordinate the research, education, training, and technology transfer ac- tivities that grant recipients carry out under this section, disseminate the results of the research, and establish and operate a clearinghouse. (2) ANNUAL REVIEW AND EVALUATION.—At least annually and consistent with the plan developed under section 508 of title 23, United States Code,855 the Secretary shall review and evaluate programs the grant recipients carry out. (3) FUNDING LIMITATION.—The Secretary may use not more than 1 percent of amounts made available from Gov- ernment sources to carry out this subsection. (h) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made available to carry out this program shall remain available for obligation for a period of 2 years after the last day of the fiscal year for which such funds are authorized. (i) NUMBER AND AMOUNT OF GRANTS.—Subject to section 5338(e):856 (1) FISCAL YEARS 1998 AND 1999.—For each of fiscal years 1998 and 1999, the Secretary shall make the following grants under this section: (A) GROUP A.—The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions or groups of institutions857 in group A. (B) GROUP B.—The Secretary shall make a grant in the amount of $300,000 to each of the institutions or groups of institutions in group B. (C) GROUP C.—The Secretary shall make a grant in the amount of $750,000 to each of the institutions or groups of institutions in group C. (D) GROUP D.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or groups of institutions in group D. (2) FISCAL YEARS 2000 AND 2001.—For each of fiscal years 2000 and 2001, the Secretary shall make the following grants under this section: (A) GROUP A.—The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions or groups of institutions in group A. (B) GROUP B.—The Secretary shall make a grant in the amount of $500,000 to 8 of the institutions or groups of institutions in group B. (C) GROUP C.—The Secretary shall make a grant in the amount of $750,000 to each of the institutions or groups of institutions in group C. (D) GROUP D.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or groups of institutions in group D. (3) FISCAL YEARS 2002 AND 2003.—For each of fiscal years 2002 and 2003, the Secretary shall make the following grants under this section: (A) GROUP A.—The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions or groups of institutions in group A. (B) GROUPS B AND C.—The Secretary shall make a grant in the amount of $1,000,000 to 10 of the institutions or groups of institutions in groups B and C that received grants under this section in fiscal years 2000 and 2001. (C) GROUP D.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or groups of institutions in group D. (j) IDENTIFICATION OF GROUPS.—For the purpose of making grants under this section, the following groups are identi- fied: (1) GROUP A.—Group A shall consist of the 10 regional centers selected under subsection (a). (2) GROUP B.—Group B shall consist of the following: (A) The University of Denver and Mississippi State University. (B) The University of Central Florida. (C) University of Southern California and California State University at Long Beach. (D) Rutgers University. (E) University of Missouri at Rolla. (F) South Carolina State University. (G) Joseph P. Kennedy Science and Technology Center, Assumption College, Massachusetts. (H) Purdue University. (3) GROUP C.—Group C shall consist of the following: 855 Sec. 5110(d)(1) of Pub. L. No. 105-178, as added by sec. 9009(d) of Pub. L. No. 105-206, struck “section 5506,” and inserted “section 508 of title 23, United States Code,”. 856 Sec. 5110(d)(2)(A) of Pub. L. No. 105-178, as added by sec. 9009(d) of Pub. L. No. 105-206, inserted “Subject to section 5338(e):”. 857 Sec. 5110(d)(2)(B) of Pub. L. No. 105-178, as added by sec. 9009(d) of Pub. L. No. 105-206, struck “institutions” each place it ap- peared and inserted “institutions or groups of institutions”.

306 (A) University of Arkansas. (B) New Jersey Institute of Technology. (C) University of Idaho. (D) The University of Alabama. (E) Morgan State University. (F) North Carolina State University. (G) San Jose State University. (H) University of South Florida. (I) North Carolina A. and T. State University. (4) GROUP D.—Group D shall consist of the following: (A) University of Minnesota. (B) Marshall University, West Virginia, on behalf of a consortium which may also include West Virginia Uni- versity Institute of Technology, the College of West Virginia, and Bluefield State College.858 (C) George Mason University, along with the University of Virginia and Virginia Tech University. (D) Western Transportation Institute. (E) Rhode Island Transportation Research Center. (F) Northwestern University. Section 5402(a) of Public Law 109-59 amended section 5506 generally. Before amendment, the section read: Section 5506.859 Advanced vehicle technologies program. (a) PURPOSES.—The Secretary of Transportation, in coordination with other government agencies and private consor- tia, shall encourage and promote the research, development, and deployment of transportation technologies that will use technological advances in multimodal vehicles, vehicle components, environmental technologies, and related infrastruc- ture to remove impediments to an efficient, safe, and cost-effective national transportation system. (b) DEFINITION OF ELIGIBLE CONSORTIUM.—In this section, the term “eligible consortium” means a consortium that re- ceives funding under the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1876), and that comprises 2 or more of the following entities: (1) Businesses incorporated in the United States. (2) Public or private educational or research organizations located in the United States. (3) Entities of State or local governments in the United States. (4) Federal laboratories. (c) Program.—The Secretary shall enter into contracts, cooperative agreements, and other transactions as authorized by section 2371 of title 10 with, and make grants to, eligible consortia to promote the development and deployment of innovation in transportation technology services, management, and operational practices. (d) Eligibility Criteria.—To be eligible to receive assistance under this section, an eligible consortium shall-- (1) for a period of not less than the 3 years preceding the date of a contract, cooperative agreement, or other trans- action, be organized on a statewide or multistate basis for the purpose of designing, developing, and deploying transportation technologies that address identified technological impediments in the transportation field; (2) facilitate the participation in the consortium of small- and medium-sized businesses, utilities, public laborato- ries and universities, and other relevant entities; (3) be actively engaged in transportation technology projects that address compliance in nonattainment areas un- der the Clean Air Act (42 U.S.C. 7401 et seq.); (4) be designed to use Federal and State funding to attract private capital in the form of grants or investments to carry out this section; and (5) ensure that at least 50 percent of the funding for the consortium project will be provided by non-Federal sources. (e) PROPOSALS.—The Secretary shall prescribe such terms and conditions as the Secretary determines to be appropri- ate for the content and structure of proposals submitted for assistance under this section. (f) REPORTING REQUIREMENTS.—At least once each year, the Secretary shall submit to the Committee on Transporta- tion and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the projects undertaken by the eligible consortia and the progress made in advancing the purposes of this section. (g) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 1999 through 2003, to remain available until expended. 858 Sec. 5110(j)(4)(B) of Pub. L. No. 105-178, as added by sec. 9009(d) of Pub. L. No. 105-206, struck “on behalf of a consortium of West Virginia colleges and universities” and inserted “on behalf of a consortium which may also include West Virginia University Institute of Technology, the College of West Virginia, and Bluefield State College”. 859 Sec. 5111(a) of Pub. L. No. 105-178 added this section.

307 (2) AVAILABILITY.—Notwithstanding section 118(a),860 funds made available under paragraph (1) shall not be avail- able in advance of an annual appropriation. Section 6001 of Public Law 109-59 amended 23 U.S.C. §§ 134 and 135 generally. Before amendment, §§ 134 and 135 read: Section 134. Metropolitan planning. (a) GENERAL REQUIREMENTS.— (1) FINDINGS.—It is in the national interest to encourage and promote the safe and efficient management, opera- tion, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and through urbanized areas, while minimizing transportation- related fuel consumption and air pollution. (2) DEVELOPMENT OF PLANS AND PROGRAMS.—To accomplish the objective stated in paragraph (1), metropolitan planning organizations designated under subsection (b), in cooperation with the State and public transit operators, shall develop transportation plans and programs for urbanized areas of the State. (3) CONTENTS.—The plans and programs for each metropolitan area shall provide for the development and inte- grated management and operation of transportation systems and facilities (including pedestrian walkways and bicy- cle 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. (4) PROCESS OF DEVELOPMENT.—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) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— (1) IN GENERAL.—To carry out the transportation planning process required by this section, a metropolitan plan- ning organization shall be designated for each urbanized area with a population of more than 50,000 individuals— (A) by agreement between the Governor and units of general purpose local government that together repre- sent at least 75 percent of the affected population (including the central city or cities as defined by the Bureau of the Census); or (B) in accordance with procedures established by applicable State or local law. (2) STRUCTURE.—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— (A) local elected officials; (B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization as of June 1, 1991); and (C) appropriate State officials. (3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on the date of the enactment of this section, of a public agency with multi- modal transportation responsibilities to— (A) develop plans and programs for adoption by a metropolitan planning organization; and (B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. (4) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5). (5) REDESIGNATION.— (A) PROCEDURES.—A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the af- fected population (including the central city or cities as defined by the Bureau of the Census) as appropriate to carry out this section. (B) CERTAIN REQUESTS TO REDESIGNATE.—A metropolitan planning organization shall be redesignated upon re- quest of a unit or units of general purpose 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 any urbanized area (i) whose population is more than 5,000,000 but less than 10,000,000, or (ii) which is an extreme nonattainment 860 So in original. This title does not contain a § 118.

308 area for ozone or carbon monoxide as defined under the Clean Air Act. Such redesignation shall be accomplished using procedures established by subparagraph (A). (6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING ORGANIZATION.—More than 1 metropolitan planning or- ganization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate. (c) METROPOLITAN PLANNING AREA BOUNDARIES.— (1) IN GENERAL.—For the purposes of this section, the boundaries of a metropolitan planning area shall be deter- mined by agreement between the metropolitan planning organization and the Governor. (2) INCLUDED AREA.—Each metropolitan planning area— (A) shall encompass at least the existing urbanized area and the contiguous area expected to become urban- ized 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 Governor and affected metropolitan planning organizations in the manner described in subsection (b)(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, the boundaries of the metropolitan planning area— (A) shall be established in the manner described in subsection (b)(1); (B) shall encompass the areas described in paragraph (2)(A); (C) may encompass the areas described in paragraph (2)(B); and (D) may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide. (d) COORDINATION IN MULTISTATE AREAS.— (1) IN GENERAL.—The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. (2) INTERSTATE COMPACTS.—The consent of Congress is granted to any 2 or more States— (A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative ef- forts and mutual assistance in support of activities authorized under this section as the activities pertain to in- terstate areas and localities within the States; and (B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. (3) 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 Ta- hoe 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 section, section 135, and chapter 53 of title 49. (C) INTERSTATE COMPACT.— (i) IN GENERAL.—Subject to clause (ii), 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 be- tween 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.—

309 (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 title and under chapter 53 of title 49, not more than 1 percent of the funds allo- cated under section 202 may be used to carry out the transportation planning process for the Lake Ta- hoe 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 man- agement agencies that have jurisdiction over land in the Lake Tahoe region; and (ii) may, in accordance with chapter 2, be funded using funds allocated under section 202. (4) RECIPIENTS OF OTHER ASSISTANCE.—The Secretary shall encourage each metropolitan planning organization to coordinate, to the maximum extent practicable, the design and delivery of transportation services within the metro- politan planning area that are provided— (A) by recipients of assistance under chapter 53 of title 49; and (B) by governmental agencies and nonprofit organizations (including representatives of the agencies and or- ganizations) that receive Federal assistance from a source other than the Department of Transportation to pro- vide nonemergency transportation services. (e) COORDINATION OF MPOS.— (1) NONATTAINMENT AREAS.—If more than 1 metropolitan planning organization has authority within a metropoli- tan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act, each metropolitan planning organization shall consult with the other metropolitan planning organizations des- ignated for such area and the State in the coordination of plans and programs required by this section. (2) PROJECT LOCATED IN MULTIPLE MPOS.—If a project is located within the boundaries of more than 1 metropoli- tan planning organization, the metropolitan planning organizations shall coordinate plans regarding the project. (f) 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, pro- ductivity, and efficiency; (B) increase the safety and security of the transportation system for motorized and nonmotorized users; (C) increase the accessibility and mobility options available 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 re- viewable by any court under this title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter af- fecting a transportation plan, a transportation improvement plan, a project or strategy, or the certification of a planning process. (g) DEVELOPMENT OF LONG-RANGE TRANSPORTATION PLAN.— (1) IN GENERAL.—Each metropolitan planning organization shall prepare, and update periodically, according to a schedule that the Secretary determines to be appropriate, a long-range transportation plan for its metropolitan area in accordance with the requirements of this subsection. (2) LONG-RANGE TRANSPORTATION PLAN.—A long-range transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following: (A) An identification of transportation facilities (including but not necessarily limited to major roadways, transit, and multimodal and intermodal facilities) that should function as an integrated metropolitan transpor- tation system, giving emphasis to those facilities that serve important national and regional transportation functions. In formulating the long-range transportation plan, the metropolitan planning organization shall con- sider factors described in subsection (f) as such factors relate to a 20-year forecast period. (B) A financial plan that demonstrates how the adopted long-range transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The finan- cial plan may include, for illustrative purposes, additional projects that would be included in the adopted long-

310 range transportation plan if reasonable additional resources beyond those identified in the financial plan were available. For the purpose of developing the long-range transportation plan, the metropolitan planning organi- zation and State shall cooperatively develop estimates of funds that will be available to support plan implemen- tation. (C) Assess capital investment and other measures necessary to— (i) ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major road- ways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit facilities; and (ii) make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and goods. (D) Indicate as appropriate proposed transportation enhancement activities. (3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act, the metropolitan planning organization shall coordinate the development of a long-range transportation plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act. (4) PARTICIPATION BY INTERESTED PARTIES.—Before approving a long-range transportation plan, each metropolitan planning organization shall provide citizens, affected public agencies, representatives of transportation agency em- ployees, freight shippers, providers of freight transportation services, private providers of transportation, represen- tatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the long- range transportation plan, in a manner that the Secretary deems appropriate. (5) PUBLICATION OF LONG-RANGE TRANSPORTATION PLAN.—Each long-range transportation plan prepared by a met- ropolitan planning organization shall be— (i) published or otherwise made readily available for public review; and (ii) submitted for information purposes to the Governor at such times and in such manner as the Secre- tary shall establish. (6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—Notwithstanding paragraph (2)(B), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects in- cluded in the financial plan under paragraph (2)(B). (h) METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM.— (1) DEVELOPMENT.— (A) IN GENERAL.—In cooperation with the State and any affected public transit operator, the metropolitan planning organization designated for a metropolitan area shall develop a transportation improvement program for the area for which the organization is designated. (B) OPPORTUNITY FOR COMMENT.—In developing the program, the metropolitan planning organization, in coop- eration with the State and any affected public transit operator, shall provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation ser- vices, private providers of transportation, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the proposed program. (C) FUNDING ESTIMATES.—For the purpose of developing the transportation improvement program, the metro- politan planning organization, public transit agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. (D) UPDATING AND APPROVAL.—The program shall be updated at least once every 2 years and shall be ap- proved by the metropolitan planning organization and the Governor. (2) CONTENTS.—The transportation improvement program shall include— (A) a priority list of proposed federally supported projects and strategies to be carried out within each 3-year period after the initial adoption of the transportation improvement program; and (B) a financial plan that— (i) demonstrates how the transportation improvement program can be implemented; (ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; (iii) identifies innovative financing techniques to finance projects, programs, and strategies; and (iv) 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 fi- nancial plan were available. (3) INCLUDED PROJECTS.—

311 (A) PROJECTS UNDER THIS CHAPTER AND CHAPTER 53 OF TITLE 49.—A transportation improvement program de- veloped under this subsection for a metropolitan area shall include the projects and strategies within the area that are proposed for funding under this chapter and chapter 53 of title 49. (B) PROJECTS UNDER CHAPTER 2.— (i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. (ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 that are not determined to be re- gionally significant shall be grouped in 1 line item or identified individually in the transportation improve- ment program. (C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION PLAN.—Each project shall be consistent with the long- range transportation plan developed under subsection (g) for the area. (D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time pe- riod contemplated for completion of the project. (4) NOTICE AND COMMENT.—Before approving a transportation improvement program, a metropolitan planning or- ganization shall, in cooperation with the State and any affected public transit operator, provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transpor- tation services, private providers of transportation, representatives of users of public transit, and other interested parties with reasonable notice of and an opportunity to comment on the proposed program. (5) SELECTION OF PROJECTS.— (A) IN GENERAL.—Except as otherwise provided in subsection (i)(4) and in addition to the transportation im- provement program development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from the approved transportation improvement program— (i) by— (I) in the case of projects under this chapter, the State; and (II) in the case of projects under chapter 53 of title 49, the designated transit funding recipients; and (ii) in cooperation with the metropolitan planning organization. (B) MODIFICATIONS TO PROJECT PRIORITY.—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. (6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— (A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organi- zation shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). (B) REQUIRED ACTION BY THE 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 finan- cial plan under paragraph (2)(B)(iv) for inclusion in an approved transportation improvement program. (7) PUBLICATION.— (A) PUBLICATION OF TRANSPORTATION IMPROVEMENT PROGRAMS.—A transportation improvement program in- volving Government participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. (B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.—An annual listing of projects for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the metropolitan plan- ning organization for public review. The listing shall be consistent with the categories identified in the transpor- tation improvement program. (i) TRANSPORTATION MANAGEMENT AREAS.— (1) DESIGNATION.— (A) REQUIRED DESIGNATIONS.—The Secretary shall designate as a transportation management area each ur- banized area with a population of over 200,000 individuals. (B) DESIGNATIONS ON REQUEST.—The Secretary shall designate any additional area as a transportation man- agement area on the request of the Governor and the metropolitan planning organization designated for the area. (2) TRANSPORTATION PLANS AND PROGRAMS.—Within a transportation management area, transportation plans and programs shall be based on a continuing and comprehensive transportation planning process carried out by the met- ropolitan planning organization in cooperation with the State and transit operators.

312 (3) CONGESTION MANAGEMENT SYSTEM.—Within a transportation management area, the transportation planning process under this section shall include a congestion management system that provides for effective management of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction and operational management strategies. The Secretary shall establish an appropri- ate phase-in schedule for compliance with the requirements of this section. (4) SELECTION OF PROJECTS.— (A) IN GENERAL.—All federally funded projects carried out within the boundaries of a transportation manage- ment area under this title (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under chapter 53 of title 49 shall be selected for implementation from the approved transportation improvement program by the metropolitan plan- ning organization designated for the area in consultation with the State and any affected public transit opera- tor. (B) NATIONAL HIGHWAY SYSTEM PROJECTS.—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 for implementation from the approved transportation improvement program by the State in cooperation with the metropolitan planning organization designated for the area. (5) CERTIFICATION.— (A) IN GENERAL.—The Secretary shall— (i) ensure that the metropolitan planning process in each transportation management area is being car- ried out in accordance with applicable provisions of Federal law; and (ii) subject to subparagraph (B), certify, not less often than once every 3 years, that the requirements of this paragraph are met with respect to the transportation management area. (B) REQUIREMENTS FOR CERTIFICATION.—The Secretary may make the certification under subparagraph (A) if— (i) the transportation planning process complies with the requirements of this section and other applica- ble requirements of Federal law; and (ii) there is a transportation improvement program for the area that has been approved by the metropoli- tan planning organization and the Governor. (C) EFFECT OF FAILURE TO CERTIFY.— (i) Withholding of funds.—If a metropolitan planning process is not certified, the Secretary may withhold up to 20 percent of the apportioned funds attributable to the transportation management area under this ti- tle and chapter 53 of title 49. (ii) Restoration of withheld funds.—The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. (iii) Feasibility of private enterprise participation.—The Secretary shall not withhold certification under this paragraph based on the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 5306(a) of title 49. (D) REVIEW OF CERTIFICATION.—In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review. (j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.— (1) IN GENERAL.—Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated long-range transportation plan and transportation improvement program for the metropolitan area that the Secretary deter- mines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. (2) NONATTAINMENT AREAS.—The Secretary may not permit abbreviated plans or programs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). (k) TRANSFER OF FUNDS.—Funds made available for a highway project under chapter 53 of title 49 shall be transferred to and administered by the Secretary in accordance with the requirements of this title. Funds made available for a tran- sit project under the Federal-Aid Highway Act of 1991 shall be transferred to and administered by the Secretary in ac- cordance with the requirements of chapter 53 of title 49. The provisions of title 23, United States Code, regarding the non-Federal share shall apply to title 23 funds used for transit projects and the provisions of chapter 53 of title 49 re- garding non-Federal share shall apply to chapter 53 funds used for highway projects. (l) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT AREAS.—

313 (1) In general.—Notwithstanding any other provisions of this title or chapter 53 of title 49, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be programmed in such area for any highway project that will result in a significant increase in car- rying capacity for single-occupant vehicles unless the project is part of an approved congestion management system. (2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (c). (m) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title or chapter 53 of title 49. (n) FUNDING.— (1) IN GENERAL.—Funds set aside under section 104(f) of this title to carry out sections 5303 through 5305 of title 49 shall be available to carry out this section. (2) UNUSED FUNDS.—Any funds that are not used to carry out this section may be made available by the metropoli- tan planning organization to the State to fund activities under section 135. (o) 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 Secre- tary 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.). Section 135. Statewide Planning. (a) GENERAL REQUIREMENTS.— (1) FINDINGS.—It is in the national interest to encourage and promote the safe and efficient management, opera- tion, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and through urbanized areas, while minimizing transportation- related fuel consumption and air pollution. (2) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to section 134 of this title and sections 5303 through 5305 of title 49, each State shall develop transportation plans and programs for all areas of the State. (3) CONTENTS.—The plans and programs for each State shall provide for the development and integrated man- agement and operation of transportation systems and facilities (including pedestrian walkways and bicycle trans- portation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. (4) PROCESS OF DEVELOPMENT.—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) COORDINATION WITH METROPOLITAN PLANNING; STATE IMPLEMENTATION PLAN.—In carrying out planning under this section, a State shall coordinate such planning with the transportation planning activities carried out under section 134 of this title and sections 5303 through 5305 of title 49 for metropolitan areas of the State and shall carry out its responsibili- ties for the development of the transportation portion of the State implementation plan to the extent required by the Clean Air Act. (c) SCOPE OF PLANNING PROCESS.— (1) IN GENERAL.—Each State shall carry out a transportation planning process that provides for consideration of projects and strategies that will— (A) support the economic vitality of the United States, the States, and metropolitan areas, especially by ena- bling global competitiveness, productivity, and efficiency; (B) increase the safety and security of the transportation system for motorized and nonmotorized users; (C) increase the accessibility and mobility options available 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 throughout the State, 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 re- viewable by any court under this title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter af-

314 fecting a transportation plan, a transportation improvement plan, a project or strategy, or the certification of a planning process. (d) ADDITIONAL REQUIREMENTS.—In carrying out planning under this section, each State shall, at a minimum, con- sider— (1) with respect to nonmetropolitan areas, the concerns of local elected officials representing units of general pur- pose local government; (2) the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and (3) coordination of transportation plans, programs, and planning activities with related planning activities being carried out outside of metropolitan planning areas. (e) LONG-RANGE TRANSPORTATION PLAN.— (1) DEVELOPMENT.—Each State shall develop a long-range transportation plan, with a minimum 20-year forecast period, for all areas of the State, that provides for the development and implementation of the intermodal transpor- tation system of the State. (2) CONSULTATION WITH GOVERNMENTS.— (A) METROPOLITAN AREAS.—With respect to each metropolitan area in the State, the long-range transportation plan shall be developed in cooperation with the metropolitan planning organization designated for the metro- politan area under section 134 of this title and section 5303 of title 49. (B) NONMETROPOLITAN AREAS.—With respect to each nonmetropolitan area, the long-range transportation plan shall be developed in consultation with affected local officials with responsibility for transportation. (C) INDIAN TRIBAL AREAS.—With respect to each area of the State under the jurisdiction of an Indian tribal government, the long-range transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior. (3) PARTICIPATION BY INTERESTED PARTIES.—In developing the long-range transportation plan, the State shall— (A) provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, private providers of transportation, representatives of users of public transit, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan; and (B) identify transportation strategies necessary to efficiently serve the mobility needs of people. (4) FINANCIAL PLAN.—The long-range transportation plan may include a financial plan that demonstrates how the adopted long-range transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (5) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—Notwithstanding paragraph (4), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (4). (f) STATE TRANSPORTATION IMPROVEMENT PROGRAM.— (1) DEVELOPMENT.— (A) IN GENERAL.—Each State shall develop a transportation improvement program for all areas of the State. (B) CONSULTATION WITH GOVERNMENTS.— (i) METROPOLITAN AREAS.—With respect to each metropolitan area in the State, the program shall be de- veloped in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134 of this title and section 5303 of title 49. (ii) NONMETROPOLITAN AREAS.— (I) IN GENERAL.—With respect to each nonmetropolitan area in the State, the program shall be devel- oped in consultation with affected local officials with responsibility for transportation. (II) REVIEW.—Not later than 1 year after the date of enactment of this subclause, the State shall submit to the Secretary the details of the consultative planning process developed by the State for nonmetropolitan areas under subclause (I). The Secretary shall not review or approve such process. (iii) INDIAN TRIBAL AREAS.—With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Sec- retary of the Interior. (C) PARTICIPATION BY INTERESTED PARTIES.—In developing the program, the Governor shall provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, private providers

315 of transportation, providers of freight transportation services, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the proposed program. (2) INCLUDED PROJECTS.— (A) IN GENERAL.—A transportation improvement program developed under this subsection for a State shall in- clude federally supported surface transportation expenditures within the boundaries of the State. (B) CHAPTER 2 PROJECTS.— (i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. (ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 that are not determined to be re- gionally significant shall be grouped in 1 line item or identified individually in the transportation improve- ment program. (C) Consistency with long-range transportation plan.—Each project shall be— (i) consistent with the long-range transportation plan developed under this section for the State; (ii) identical to the project as described in an approved metropolitan transportation improvement pro- gram; and (iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act (42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as nonattainment for ozone or carbon monoxide under such Act. (D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time pe- riod contemplated for completion of the project. (E) FINANCIAL PLAN.—The transportation improvement program may include a financial plan that demon- strates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recom- mends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (F) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— (i) NO REQUIRED SELECTION.—Notwithstanding subparagraph (E), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subpara- graph (E). (ii) REQUIRED ACTION BY THE SECRETARY.—Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subpara- graph (E) for inclusion in an approved transportation improvement program. (G) PRIORITIES.—The program shall reflect the priorities for programming and expenditures of funds, includ- ing transportation enhancement activities, required by this title. (3) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000 POPULATION.— (A) IN GENERAL.—Projects carried out in areas with populations of less than 50,000 individuals (excluding pro- jects carried out on the National Highway System and projects carried out under the bridge program or the In- terstate maintenance program) shall be selected, from the approved statewide transportation improvement pro- gram, by the State in cooperation with the affected local officials. (B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects carried out in areas described in subparagraph (A) on the National Highway System and projects carried out in such areas under the bridge program or the Interstate maintenance program shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected local officials. (4) BIENNIAL REVIEW AND APPROVAL.—A transportation improvement program developed under this subsection shall be reviewed and, on a finding that the planning process through which the program was developed is consis- tent with this section, section 134, and sections 5303 through 5305 of title 49, approved not less frequently than bi- ennially by the Secretary. (5) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved statewide transportation improvement program in place of another project in the program. (g) FUNDING.—Funds set aside pursuant to section 505(a) of title 23, United States Code, shall be available to carry out the requirements of this section.

316 (h) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION MANAGEMENT SYSTEMS.—For purposes of this section, section 134, and sections 5303–5306 and 5323(k)861 of title 49, State laws, rules or regulations pertaining to congestion manage- ment systems or programs may constitute the congestion management system under this Act862 if the Secretary finds that the State laws, rules or regulations are consistent with, and fulfill the intent of, the purposes of this section, section 134 or sections 5303–5306 and 5323(k),863 as appropriate. (i) 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 Secre- tary 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.). Section 1808(b)(1) of Public Law 109-59 amended 23 U.S.C. § 149 by striking paragraph (1) and inserting new text. Be- fore amendment, paragraph (1) read: (1)(A) if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, deter- mines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi) of such section), that the project or program is likely to con- tribute to— (i) the attainment of a national ambient air quality standard; or (ii) the maintenance of a national ambient air quality standard in a maintenance area; or (B) in any case in which such information is not available, if the Secretary, after such consultation, deter- mines that the project or program is part of a program, method, or strategy described in such section; Public Law 97-449 repealed section 4(f) of the Department of Transportation Act of 1966 and recodified it without sub- stantive change at section 303 of title 49. Section 4(f) of the Department of Transportation Act of 1966 read as follows: SECTION 4(f). It is hereby declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. The Secretary of Transportation shall cooperate and consult with the Secretaries of Interior, Housing and Urban Develop- ment, and Agriculture, and with the States in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of the lands traversed. After the effective date of the Federal-Aid Highway Act of 1968,864 the Secretary shall not approve any program or project which requires the use of any publicly-owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance as deter- mined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance as so determined by such officials unless (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm to such park, recreational area wildlife and waterfowl refuge, or historic site resulting from such use. 861 Sec. 5323(k) of tit. 49 was redesignated § 5323(l) of tit. 49 and a new § 5323(k) was added by Pub. L. No. 105-178, tit. III, sec. 3020(d), June 9, 1998, 112 Stat. 362. 862 This Act probably means Pub. L. No. 102-240, Dec. 18, 1991, 105 Stat. 1914. 863 Sec. 5323(k) of tit. 49 was redesignated § 5323(l) of tit. 49 and a new § 5323(k) was added by Pub. L. No. 105-178, tit. III, sec. 3020(d), June 9, 1998, 112 Stat. 362. 864 The effective date of the Federal-Aid Highway Act of 1968 was Aug. 23, 1968.