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

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86 PART II OTHER FEDERAL MASS TRANSPORTATION STATUTES CONTENTS Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU).............................................................................................................................................92 Section 1. Short Title; Table of Contents .......................................................................................... 92 Title I—Federal-Aid Highways ....................................................................................................................92 Subtitle H—Environment.............................................................................................................................92 Section 1808. Addition to CMAQ-Eligible Projects ...........................................................................92 Title III—Public Transportation ..................................................................................................................92 Section 3001. Short Title.....................................................................................................................92 Section 3005. Metropolitan Transportation Planning ..................................................................... 92 Section 3006. Statewide Transportation Planning .......................................................................... 92 Section 3009. Urbanized Area Formula Grants ............................................................................... 92 Section 3011. Capital Investment Grants ........................................................................................ 93 Section 3012. Formula Grants for Special Needs of Elderly Individuals and Individuals with Disabilities...................................................................................................................................93 Section 3016. National Research and Technology Programs .......................................................... 94 Section 3018. Job Access and Reverse Commute Formula Grants................................................. 95 Section 3023. General Provisions on Assistance. ............................................................................. 95 Section 3028. Investigations of Safety Hazards and Security Risks .............................................. 95 Section 3037. Alternatives Analysis Program.................................................................................. 96 Section 3040. Obligation Ceiling ....................................................................................................... 96 Section 3041. Adjustments for Fiscal Year 2005...............................................................................96 Section 3043. Project Authorizations for New Fixed Guideway Capital Projects...........................96 Section 3044. Projects for Bus and Bus-Related Facilities and Clean Fuels Grant Program......103 Section 3045. National Fuel Cell Bus Technology Development Program ...................................104 Section 3046. Allocations for National Research and Technology Programs................................104 Section 3047. Forgiveness of Grant Agreement ..............................................................................107 Section 3048. Cooperative Procurement. .........................................................................................107 Section 3049. Transportation Fringe Benefits ................................................................................107 Section 3050. Commuter Rail. ..........................................................................................................108 Section 3051. Paratransit Service in Illinois ...................................................................................108 Title V—Research........................................................................................................................................108 Subtitle D—University Transportation Research; Scholarship Opportunities ......................................108 Section 5401. National University Transportation Centers...........................................................108 Section 5402. University Transportation Research ........................................................................108 Title VI—Transportation Planning and Project Delivery ........................................................................108 Section 6001. Transportation Planning ...........................................................................................108 Section 6002. Efficient Environmental Reviews for Project Decisionmaking...............................108 Section 6011. Transportation Conformity. ......................................................................................109 Subtitle C—Miscellaneous Provisions .......................................................................................................109 Section 11142. National Surface Transportation Infrastructure Financing Commission ...........109 Surface Transportation Extension Act of 2005 .........................................................................................110 Section 7. Extension of Federal Transit Programs .........................................................................110 Surface Transportation Extension Act of 2004, Part V ............................................................................110 Section 3. Transfers of Unobligated Apportionments.....................................................................110 Section 8. Extension of Federal Transit Programs .........................................................................111

87 Surface Transportation Extension Act of 2003 .........................................................................................112 Section 8. Extension of Federal Transit Programs .........................................................................112 Child Support Performance and Incentive Act of 1998 ............................................................................113 Section 403. Limitations on Use of TANF Funds for Matching Under Certain Federal Transportation Program. ..................................................................................................................113 Transportation Equity Act for the 21st Century.......................................................................................113 Section 1. Short Title; Table of Contents. ........................................................................................113 Title I—Federal-Aid Highways ..................................................................................................................113 Subtitle A—Authorizations and Programs................................................................................................113 Section 1101. Authorization of Appropriations. ..............................................................................113 Section 1106. Federal-Aid Systems..................................................................................................114 Section 1108. Surface Transportation Program. .............................................................................114 Section 1110. Congestion Mitigation and Air Quality Improvement Program.............................114 Section 1204. Statewide Planning....................................................................................................115 Section 1221. Transportation and Community and System Preservation Pilot Program ...........115 Section 1225. Substitute Project.......................................................................................................116 Section 1308. Major Investment Study Integration........................................................................117 Subtitle E—Finance ....................................................................................................................................117 Chapter 1—Transportation Infrastructure Finance and Innovation ......................................................117 Section 1501. Short Title...................................................................................................................117 Section 1502. Findings ......................................................................................................................117 Chapter 2—State Infrastructure Bank Pilot Program.............................................................................117 Section 1511. State Infrastructure Bank Pilot Program ................................................................117 Title III—Federal Transit Administration Programs...............................................................................119 Section 3001. Short Title...................................................................................................................119 Section 3010. Dollar Value of Mobility Improvements ...................................................................119 Section 3011. Local Share .................................................................................................................119 Section 3012. Intelligent Transportation Systems Applications....................................................120 Section 3015. Research, Development, Demonstration, and Training Projects............................120 Section 3021. Pilot Program for Intercity Rail Infrastructure Investment from Mass Transit Account of Highway Trust Fund.........................................................................................121 Section 3027. Apportionment of Appropriations for Formula Grants ...........................................121 Section 3030. Projects for New Fixed Guideway Systems and Extensions to Existing Systems ...............................................................................................................................122 Section 3031. Projects for Bus and Bus-Related Facilities.............................................................128 Section 3032. Contracting Out Study ..............................................................................................132 Section 3033. Urbanize Area Formula Study..................................................................................132 Section 3034. Coordinated Transportation Services.......................................................................132 Section 3035. Final Assembly of Buses............................................................................................132 Section 3036. Clean Fuel Vehicles ...................................................................................................133 Section 3038. Over-the-Road Bus Accessibility Program. ..............................................................133 Section 3039. Study of Transit Needs in National Parks and Related Public Lands...................134 Section 3040. Obligation Ceiling ......................................................................................................134 Section 3041. Adjustments for the Surface Transportation Extension Act of 1997 .....................134 Section 3042. Utah Transportation Projects ...................................................................................135 Title IV—Motor Carrier Safety ..................................................................................................................135 Section 4030. School Transportation Safety....................................................................................135 Title V—Transportation Research .............................................................................................................135 Subtitle C—Intelligent Transportation Systems ......................................................................................135 Section 5205. National ITS Program Plan.......................................................................................135 Section 5207. Research and Development. ......................................................................................136

88 Surface Transportation Extension Act of 1997 .........................................................................................136 Section 1. Short Title.........................................................................................................................136 National Highway System Designation Act of 1995.................................................................................136 Section 350. State Infrastructure Bank Pilot Program ..................................................................136 Intermodal Surface Transportation and Efficiency Act of 1991 ..............................................................138 Section 1. Short Title.........................................................................................................................138 Section 2. Declaration of Policy: Intermodal Surface Transportation Efficiency Act...................138 Section 3. Secretary Defined.............................................................................................................139 Section 1003. Authorization of Appropriations ...............................................................................139 Section 1045. Substitute Project.......................................................................................................139 Section 1054. Temporary Matching Fund Waiver ..........................................................................141 Title III—Federal Transit Act Amendments of 1991................................................................................141 Section 3031. New Jersey Urban Core Project ................................................................................141 Section 3032. Multiyear Funding for San Francisco Bay Area Rail Extension Program ............143 Section 3033. Queens Local/Express Connection ............................................................................144 Section 3034. Multiyear Contract for Metro Rail Project ...............................................................144 Section 3035. Miscellaneous Multiyear Contracts ..........................................................................146 Section 3036. Unobligated M Account Balances .............................................................................151 Section 3037. Technical Accounting Provisions ..............................................................................152 Section 3038. Reduction in Authorizations for Budget Compliance ..............................................152 Section 3039. Petroleum Violation Escrow Account Funds............................................................152 Section 3040. Charter Services Demonstration Program...............................................................152 Section 3041. GAO Report on Charter Service Regulations...........................................................152 Section 3042. 1993 World University Games ..................................................................................152 Section 3043. Operating Assistance Limitation for Staten Island Ferry ......................................152 Section 3044. Forgiveness of Certain Outstanding Obligations ....................................................153 Section 3045. Forgiveness of Loan Repayment ...............................................................................153 Section 3046. Modified Bus Service to Accommodate the Needs of Students...............................153 Section 3047. Eligibility Determinations for Disability..................................................................153 Section 3048. Milwaukee Alternatives Analysis Approval.............................................................153 Title VI—Research ......................................................................................................................................153 Part C—Advanced Transportation Systems and Electric Vehicles .........................................................153 Section 6071. Advanced Transportation System and Electric Vehicle Research and Development Consortia..............................................................................................................153 Section 6072. Definitions ..................................................................................................................154 Section 6073. Funding.......................................................................................................................154 Title VIII—Extension of Highway-Related Taxes and Trust Fund.........................................................154 Section 8004. Commute-to-Work Benefits.......................................................................................154 Omnibus Transportation Employee Testing Act of 1991 .........................................................................155 Section 1. Short Title.........................................................................................................................155 Section 2. Findings ............................................................................................................................155 Surface Transportation and Uniform Relocation Assistance Act of 1987 ...............................................155 Title I—Federal-Aid Highway Act of 1987 ................................................................................................155 Section 141. Transfer of Interstate Lanes .......................................................................................155 Section 142. Substitute Transit Project in Oregon .........................................................................156 Title III—Federal Mass Transportation Act of 1987 ................................................................................156 Section 301. Short Title.....................................................................................................................156 Section 317. Bus Testing...................................................................................................................156 Section 329. Increased Operating Assistance During Construction of Interstate Project ...........157 Section 330. Bus Service Deterioration ...........................................................................................157 Section 331. BART Study..................................................................................................................157

89 Section 332. Tactile Mobility Aids....................................................................................................157 Section 334. Feasibility Study of Abandoned Trolley Service ........................................................157 Section 335. Comprehensive Transit Plan for the Virgin Islands .................................................157 Section 336. Transfer of Section 9 Funds ........................................................................................158 Section 338. Multi-Year Contract for Metro Rail Project ...............................................................158 Surface Transportation Assistance Act of 1982 ........................................................................................159 Title I—Highway Improvement Act of 1982 .............................................................................................159 Section 105. Authorizations..............................................................................................................159 Section 165. Buy America .................................................................................................................159 Title III—Federal Public Transportation Act of 1982 ..............................................................................160 Section 301. Short Title.....................................................................................................................160 Section 310. Performance Reports....................................................................................................160 Section 311. Construction Condition................................................................................................161 Section 312. Loan Repayment. .........................................................................................................161 Section 314. Feasibility Study ..........................................................................................................161 Section 315. Study of Long-Term Leverage Financing...................................................................161 Title V—Highway Revenue Act of 1982.....................................................................................................161 Subtitle D—Highway Trust Fund; Mass Transit Account .......................................................................161 Section 531. Establishment of Mass Transit Account ....................................................................161 Surface Transportation Assistance Act of 1978 ........................................................................................162 Title III—Federal Public Transportation Act of 1978 ..............................................................................162 Section 316. Loan Forgiveness .........................................................................................................162 Section 320. Waterborne Transportation Demonstration Project..................................................162 National Mass Transportation Assistance Act of 1974 ............................................................................162 Section 2. Findings ............................................................................................................................162 Title I—Increased Mass Transportation Assistance.................................................................................163 Section 107. Investigation of Safety Hazards in Urban Mass Transportation Systems ..............163 Section 108. Fares for Elderly and Handicapped Persons..............................................................163 Title II—Fare-Free Mass Transportation..................................................................................................163 Section 201. Demonstrations ............................................................................................................163 Section 202 .........................................................................................................................................163 Section 203 .........................................................................................................................................163 Section 204 .........................................................................................................................................163 Section 205 .........................................................................................................................................163 Section 206 .........................................................................................................................................163 Section 207 .........................................................................................................................................164 Federal-Aid Highway Amendments of 1974..............................................................................................164 Section 105. Transportation for Elderly and Handicapped Persons..............................................164 Federal-Aid Highway Act of 1973 ..............................................................................................................164 Section 138. Public Mass Transportation Studies ..........................................................................164 Section 140. Metro Accessibility to the Handicapped.....................................................................164 Section 146. High-Speed Transportation Demonstration...............................................................164 Section 147. Rural Highway Public Transportation Demonstration Program .............................165 Section 164. Financial Assistance Agreements ...............................................................................165 Section 165. Bus and Other Project Standards ...............................................................................166 Urban Mass Transportation Assistance Act of 1970 ................................................................................166 Section 1 .............................................................................................................................................166 Section 10 ...........................................................................................................................................166 Section 11 ...........................................................................................................................................166 Section 12 ...........................................................................................................................................167

90 Section 14 ...........................................................................................................................................167 Selected Appropriations Acts .....................................................................................................................167 Department of Transportation and Related Agencies Appropriations Act, 1992...................................167 Department of Transportation and Related Agencies Appropriations Act, 1993...................................167 Department of Transportation and Related Agencies Appropriations Act, 1997...................................168 Department of Transportation and Related Agencies Appropriations Act, 1998...................................168 Department of Transportation and Related Agencies Appropriations Act, 2000...................................168 Department of Transportation and Related Agencies Appropriations Act, 2001...................................168 Department of Transportation and Related Agencies Appropriations Act, 2002...................................169 Department of Transportation and Related Agencies Appropriations Act, 2003...................................169 Department of Transportation and Related Agencies Appropriations Act, 2004...................................169 Department of Transportation and Related Agencies Appropriations Act, 2005...................................170 Subtitle III—General and Intermodal Programs......................................................................................170 Chapter 55—Intermodal Transportation ..................................................................................................170 Subchapter I—General ...............................................................................................................................170 Section 5501. National Intermodal Transportation System Policy ...............................................170 Section 5502. Intermodal Transportation Advisory Board.............................................................171 Section 5503. Office of Intermodalism .............................................................................................171 Section 5504. Model Intermodal Transportation Plans..................................................................171 Section 5505. National University Transportation Centers...........................................................172 Section 5506. University Transportation Research ........................................................................172 Selected Provisions of Title 23, United States Code, Highways ..............................................................175 Section 101. Definitions and Declarations of Policy .......................................................................175 Section 103. Federal-Aid Systems....................................................................................................175 Section 104. Apportionment .............................................................................................................176 Section 119. Interstate Maintenance Program ...............................................................................176 Section 133. Surface Transportation Program ................................................................................177 Section 134. Metropolitan Transportation Planning ......................................................................180 Section 135. Statewide Transportation Planning ...........................................................................187 Section 139. Efficient Environmental Reviews for Project Decisionmaking.................................190 Section 142. Public Transportation. .................................................................................................195 Section 149. Congestion Mitigation and Air Quality Improvement Program...............................196 Section 303. Management Systems..................................................................................................198 Section 512. National ITS Program Plan.........................................................................................199 Section 513. Use of Funds for ITS Activities....................................................................................199 Chapter 6—Infrastructure Finance ...........................................................................................................200 Section 601. Generally Applicable Provisions .................................................................................200 Section 602. Determination of Eligibility and Project Selection....................................................201 Section 603. Secured Loans. .............................................................................................................202 Section 604. Lines of Credit. .............................................................................................................204 Section 605. Program Administration..............................................................................................205 Section 606. State and Local Permits ..............................................................................................206 Section 607. Regulations...................................................................................................................206 Section 608. Funding.........................................................................................................................206 Section 609. Reports to Congress .....................................................................................................206 Section 610. State Infrastructure Bank Program ...........................................................................206

91

92 SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS (SAFETEA–LU) (PUBLIC LAW 109-59, AUGUST 10, 2005) Section 1. Short Title; Table of Contents. (a) SHORT TITLE. — This Act may be cited as the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” or “SAFETEA–LU.” *** Title I—Federal-Aid Highways Subtitle H—Environment Section 1808. Addition to CMAQ-Eligible Pro- jects. *** (g) FLEXIBILITY IN THE STATE OF MONTANA.—The State of Montana may use funds apportioned under section 104(b)(2) of title 23, United States Code, for the opera- tion of public transit activities that serve a nonattain- ment or maintenance area. (h) AVAILABILITY OF FUNDS FOR STATE OF MICHIGAN.— The State of Michigan may use funds apportioned un- der section 104(b)(2) of such title for the operation and maintenance of intelligent transportation system strategies that serve a nonattainment or maintenance area. (i) AVAILABILITY OF FUNDS FOR THE STATE OF MAINE.— The State of Maine may use funds apportioned under section 104(b)(2) of such title to support, through Sep- tember 30, 2009, the operation of passenger rail service between Boston, Massachusetts, and Portland, Maine. (j) AVAILABILITY OF FUNDS FOR OREGON.—The State of Oregon may use funds apportioned on or before Sep- tember 30, 2009, under section 104(b)(2) of such title to support the operation of additional passenger rail ser- vice between Eugene and Portland. (k) AVAILABILITY OF FUNDS FOR CERTAIN OTHER STATES.—The States of Missouri, Iowa, Minnesota, Wis- consin, Illinois, Indiana, and Ohio may use funds ap- portioned under section 104(b)(2) of such title to pur- chase alternative fuel (as defined in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)) or bio- diesel. Title III—Public Transportation313 Section 3001. Short Title. This title may be cited as the “Federal Public Trans- portation Act of 2005.” *** Section 3005. Metropolitan Transportation Planning. *** (b) SCHEDULE FOR IMPLEMENTATION.—The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consid- eration the established planning update cycle for States and metropolitan planning organizations. The Secre- tary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this sec- tion. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section. Section 3006. Statewide Transportation Planning. *** (b) SCHEDULE FOR IMPLEMENTATION.— The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consid- eration the established planning update cycle for States and metropolitan planning organizations. The Secre- tary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this sec- tion. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section. Section 3009. Urbanized Area Formula Grants. *** (i) CONTRACTED PARATRANSIT PILOT.— (1) IN GENERAL.—Notwithstanding section 5302(a)(1)(I) of title 49, United States Code, for fis- cal years 2005 through 2009, a recipient of assis- tance under section 5307 of such title in urbanized areas with a population of 558,329 or 747,003 ac- cording to the 2000 decennial census of population may use not more than 20 percent of such recipi- 313 The primary provisions of tit. III of Pub. L. No. 109-59 amended chap. 53 of tit. 49. Changes to chap. 53 have been incorporated into the text in part I. The sections that follow are transit-related provisions that did not amend chap. 53 or other Acts as set out in this part.

93 ent’s annual formula apportionment under section 5307 of such title for the provision of nonfixed route paratransit services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only if the grant recipient is in compliance with applicable requirements of that Act, including both fixed route and demand respon- sive service and the service is acquired by contract. (2) REPORT.—Not later than January 1, 2009, the Secretary shall submit to the Committee on Trans- portation and Infrastructure of the House of Repre- sentatives and the Committee on Banking, Hous- ing, and Urban Affairs of the Senate a report on the implementation of this subsection and any recom- mendations of the Secretary regarding the applica- tion of this subsection. Section 3011. Capital Investment Grants. *** (c) PUBLIC-PRIVATE PARTNERSHIP PILOT PROGRAM.— (1) ESTABLISHMENT.—The Secretary may estab- lish and implement a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects. (2) LIMITATION ON THE NUMBER OF FACILITIES.— The Secretary may permit the establishment of 3 public-private partnerships for new fixed guideway capital projects. (3) ELIGIBILITY.—To be eligible to participate in the public-private partnership program, a recipient shall submit to the Secretary an application that contains, at a minimum, the following: (A) An identification of the new fixed guide- way capital project that has not entered into a full funding grant agreement or project con- struction grant agreement with the Federal Transit Administration. (B) A schedule and finance plan for the con- struction of and operation of the proposed pro- ject. (C) An analysis of the costs, benefits, and ef- ficiencies of the proposed public-private part- nership agreement. (4) SELECTION CRITERIA.—The Secretary may ap- prove the application of a recipient under this sub- section if the Secretary determines that— (A) State and local laws permit public- private agreements for all phases of project de- velopment, construction, and operation of the project; (B) the recipient is unable to advance the project due to fiscal constraints; and (C) the plan implementing the public-private partnership is justified. (5) PROGRAM TERM.—The Secretary may approve an application of a recipient for a public-private partnership for fiscal years 2006 through 2009. (6) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of this Act, the Secre- tary shall transmit to the Committee on Transpor- tation and Infrastructure of the House of Represen- tatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, a report contain- ing an assessment of the costs, benefits, and effi- ciencies of a public-private partnership program for new fixed guideway capital projects. (d) RESTRICTIONS ON USE OF BUS CATEGORY FUNDS FOR FIXED GUIDEWAY PROJECTS.—Funds provided to grantees under the bus and bus facility category for fixed guide- way ferry and gondola projects in the Department of Transportation and Related Agencies Appropriations Acts for any of fiscal years 1998 through 2005, or ac- companying committee reports, that remain available and unobligated may be used for new fixed guideway capital projects under section 5309 of title 49, United States Code. Funds made available to the same grant- ees for similar projects under the bus and bus facility category of section 5309 of title 49, United States Code, in fiscal years 2006 through 2009 may be used for fixed guideway projects under that section. (e) MIAMI METRORAIL.—The Secretary shall credit funds provided by the Florida department of transpor- tation for the extension of the Miami Metrorail System from Earlington Heights to the Miami Intermodal Cen- ter to satisfy the matching requirements of section 5309(h)(4) of title 49, United Stated Code, for the Miami North Corridor and Miami East-West Corridor projects. (f) ADJUSTMENTS.—The adjustments made in the Fed- eral Transit Administrator’s Dear Colleague letter of April 29, 2005, to require a ‘‘medium’’ for the cost- effectiveness rating, in order for fixed guideway projects to be recommended for funding by the Federal Transit Administration, shall not apply to the following: (1) San Francisco Muni—Third Street LRT Phase I/II. (2) Santa Clara Valley Transit Authority—Silicon Valley Rapid Transit Corridor. (3) Washington County, Oregon—Wilsonville to Beaverton Commuter Rail. (4) Dulles Corridor Metrorail Project—Extension to Wiehle Avenue. Section 3012. Formula Grants for Special Needs of Elderly Individuals and Individuals with Disabilities. *** (b) ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES PILOT PROGRAM.— (1) IN GENERAL.—In fiscal year 2006, the Secre- tary shall establish a pilot program that will allow Wisconsin, Alaska, Minnesota, Oregon, and 3 other States selected by the Secretary to use not more than 33 percent of the funds apportioned to each State to carry out section 5310 of title 49, United States Code, for operating costs associated with public transportation projects planned, designed,

94 and carried out to meet the special needs of elderly individuals and individuals with disabilities under such section. The Secretary may base the selection of participating States on a State’s exemplary coor- dination of public transit-human services transpor- tation. The Secretary may require participants to collect data necessary to support the report to Con- gress required by paragraph (7). (2) PLANNING COORDINATION.—Recipients of funds made available consistent with this subsection shall certify that— (A) the projects selected were derived from a locally developed, coordinated public transit- human services transportation plan; and (B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human ser- vices providers and participation by the public. (3) GOVERNMENT’S SHARE OF COSTS.—Operating assistance under this subsection may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. The credit for any non-Federal share provided under this subsection shall not reduce nor replace State funds required to match Federal funds for formula grants for the spe- cial needs of elderly individuals and individuals with disabilities program authorized under section 5310 of title 49, United States Code. (4) REMAINDER.—The remainder of the net pro- ject costs— (A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a pri- vate social service organization, or new capital; and (B) may be derived from amounts appropri- ated to or made available to a department or agency of the Government (other than the De- partment of Transportation) that are eligible to be expended for transportation. (5) USE OF CERTAIN FUNDS.—For purposes of paragraph (4)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation pur- poses. (6) ELIGIBLE ACTIVITIES.—Projects eligible under the pilot program may include the collection of data necessary to support the report to Congress re- quired by paragraph (7). (7) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the pilot program, which may include— (A) the extent to which funds were used to subsidize existing paratransit service provided in compliance with the Americans with Dis- abilities Act of 1990; (B) whether States participating in the pilot program use the funds to provide services to persons with disabilities that exceed those ser- vices required by the Americans with Disabili- ties Act of 1990 differently than States not in the pilot program; (C) whether States participating in this pilot program use the funds to provide services to individuals with disabilities that exceed those services required by the Americans with Dis- abilities Act of 1990 to the detriment of other eligible projects; (D) the percentage of funds used to assist elderly individuals; (E) the percentage of funds used to assist in- dividuals with disabilities; (F) the extent to which States participating in this pilot program serve a wider range of elderly, low income, and persons with disabili- ties populations; (G) whether the pilot program improves ser- vices to elderly individuals and individuals with disabilities; (H) the extent to which States participating in the pilot program were able to expand the range of transportation alternatives available to elderly individuals and individuals with dis- abilities; and (I) whether the pilot program facilitates or discourages coordination with or integration of other funding sources. (8) SUNSET.—This subsection shall cease to be ef- fective on September 30, 2009. *** Section 3016. National Research and Technology Programs. *** (c) ALTERNATIVES FUELS STUDY.— (1) STUDY.—The Secretary shall conduct a study of the actions necessary to facilitate the purchase of increased volumes of alternative fuels (as defined in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)) for use in public transit vehicles. (2) SCOPE OF STUDY.—The study conducted under this subsection shall focus on the incentives neces- sary to increase the use of alternative fuels in pub- lic transit vehicles, including buses, fixed guideway vehicles, and ferries. (3) CONTENTS.—The study shall consider— (A) the environmental benefits of increased use of alternative fuels in transit vehicles; (B) existing opportunities available to transit system operators that encourage the purchase

95 of alternative fuels for transit vehicle opera- tion; (C) existing barriers to transit system opera- tors that discourage the purchase of alterna- tive fuels for transit vehicle operation, includ- ing situations where alternative fuels that do not require capital improvements to transit ve- hicles are disadvantaged over fuels that do re- quire such improvements; and (D) the necessary levels and type of support necessary to encourage additional use of alter- native fuels for transit vehicle operation. (4) RECOMMENDATIONS.—The study shall recom- mend regulatory and legislative alternatives that will result in the increased use of alternative fuels in transit vehicles. (5) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Trans- portation and Infrastructure of the House of Repre- sentatives a report containing the results of the study completed under this subsection. Section 3018. Job Access and Reverse Commute Formula Grants. *** (c) REPEAL.—Effective October 1, 2005, section 3037 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5309 note; 112 Stat. 387) is repealed. Section 3023. General Provisions on Assistance. *** (i) BUY AMERICA.— *** (4) REPEAL OF GENERAL WAIVER.—Subsections (b) and (c) of Appendix A of section 661.7 of title 49, Code of Federal Regulations, shall cease to be in ef- fect beginning on the date of enactment of this Act. (5) RULEMAKING.—Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a final rule on implementation of the re- quirements of section 5323(j) of title 49, United States Code (in this paragraph referred to as the “Buy America requirements”). The purposes of the regulations shall be as follows: (A) MICROPROCESSOR WAIVER.—To clarify that any waiver from the Buy America re- quirements issued under section 5323(j)(2) of such title for a microprocessor, computer, or microcomputer applies only to a device used solely for the purpose of processing or storing data and does not extend to a product contain- ing a microprocessor, computer, or microcom- puter. (B) DEFINITIONS.—To define the terms “end product,” “negotiated procurement,” and “con- tractor” for purposes of part 661 of title 49, Code of Federal Regulations. In defining the terms, the Secretary shall develop a list of rep- resentative items that are subject to the Buy America requirements, and shall address the procurement of systems under the definition to ensure that major system procurements are not used to circumvent the Buy America re- quirements. (C) POST-AWARD WAIVERS.—To permit a grantee to request a non-availability waiver from the Buy America requirements under sec- tion 661.7c of title 49, Code of Federal Regula- tions, after contract award in any case in which the contractor has made a certification of com- pliance with the requirements in good faith. (D) CERTIFICATION UNDER NEGOTIATED PROCUREMENT PROCESS.—In any case in which a negotiated procurement process is used, compliance with the Buy America require- ments shall be determined on the basis of the certification submitted with the final offer. *** Section 3028. Investigations of Safety Hazards and Security Risks. *** (b) PUBLIC TRANSPORTATION SECURITY.— (1) IN GENERAL.—Not later than 45 days after the date of enactment of this Act, the Secretary shall execute an annex to the memorandum of under- standing between the Secretary and the Secretary of Homeland Security, dated September 28, 2004, to define and clarify the respective roles and re- sponsibilities of the Department of Transportation and the Department of Homeland Security relating to public transportation security. (2) CONTENTS.—The annex to be executed under paragraph (1) shall— (A) establish a process to develop security standards for public transportation agencies; (B) create a method of direct coordination with public transportation agencies on security matters; (C) address any other issues determined to be appropriate by the Secretary and the Secre- tary of Homeland Security; and (D) include a formal and permanent mecha- nism to ensure coordination and involvement by the Department of Transportation, as ap- propriate, in public transportation security. (c) RULEMAKING.—Not later than 180 days after the date of enactment of this Act, the Secretary and the

96 Secretary of Homeland Security shall issue jointly final regulations to establish the characteristics of and re- quirements for public transportation security grants, including funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses. *** Section 3037. Alternatives Analysis Program. *** (c) PROJECTS.—For each of fiscal years 2006 and 2007, of the funds authorized under this section, funds shall be made available to the following projects in not less than the amounts specified: (1) Minnesota Red Rock Corridor/Rush Line/Central Corridors studies, $2,000,000. (2) Trans-Hudson Midtown corridor study, $1,500,000. (3) Lane County, Oregon Bus Rapid Transit Phase II corridor study, $500,000. (4) Portland Streetcar, Oregon corridor study, $1,500,000. (5) San Gabriel Valley-Gold Line Foothill Exten- sion corridor study, $1,250,000. (6) Monmouth-Ocean-Middlesex Counties, New Jersey corridor study, $1,250,000. (7) Metra BNSF Naperville to Aurora corridor study, $1,250,000. (8) Madison and Dane Counties, Wisconsin Transport 2020 corridor study, $750,000. (9) Sound Transit I–90 Long-Range Plan corridor studies, $750,000. (10) Middle Rio Grande Coalition of governments, Albuquerque to Santa Fe corridor study, $500,000. (11) Piedmont Authority Regional Transportation East-West corridor study, $1,000,000. (12) Baltimore Red Line/Green Line Transit Pro- ject study, $1,500,000. (13) Metra-West Line Extension, Elgin to Rock- ford study, $1,000,000. (14) Madison-Ridgeland Transportation Commis- sion, Mississippi, Madison Light Rail Transporta- tion Corridor study, $350,000. (15) South Carolina Department of Transporta- tion Light Rail study, $300,000. (16) Provo Orem BRT study, $500,000. (17) Sevierville County Transportation Board, Sevier County BRT study, $500,000. (18) New Jersey Transit Access to the Region’s Core study, $2,500,000. *** Section 3040. Obligation Ceiling. Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Mass Transit Account of the Highway Trust Fund by, and amounts appropriated under, subsections (a) through (f) of section 5338 of title 49, United States Code, shall not exceed— (1) $7,646,336,000 for fiscal year 2005, of which not more than $6,690,544,000 shall be from the Mass Transit Account; (2) $8,622,931,000 for fiscal year 2006, of which not more than $6,979,931,000 shall be from the Mass Transit Account; (3) $8,974,775,000 for fiscal year 2007, of which not more than $7,262,775,000 shall be from the Mass Transit Account; (4) $9,730,893,000 for fiscal year 2008, of which not more than $7,871,895,000 shall be from the Mass Transit Account; and (5) $10,338,065,000 for fiscal year 2009, of which not more than $8,360,565,000 shall be from the Mass Transit Account. Section 3041. Adjustments for Fiscal Year 2005. (a) IN GENERAL.—Notwithstanding any other provi- sion of law, the Secretary shall ensure that the total apportionments and allocations made for fiscal year 2005 to each grant recipient under the Federal Transit Administration programs shall not exceed the amount made available under section 5338 of title 49, United States Code, as amended by this title, for fiscal year 2005 plus prior year balances. (b) FIXED GUIDEWAY MODERNIZATION ADJUSTMENT.— In making the apportionments described in subsection (a), the Secretary shall adjust the amount apportioned for fiscal year 2005 to each urbanized area for fixed guideway modernization to reflect the apportionment method set forth in section 5337(a) of title 49, United States Code. (c) RECONCILIATION.—Funds authorized by or made available under section 5338, as amended by this title, for fiscal year 2005— (1) shall not be subject to the across-the-board re- scissions in section 122 of division J of Public Law 108–477; (2) shall be transferred or made available for the purposes as indicated in division H of Public Law 108–477, as amended by Public Law 109–13; and (3) shall be administered consistent with the ap- plicable formula authorized under Public Law 105– 178, as amended. *** Section 3043. Project Authorizations for New Fixed Guideway Capital Projects. (a) EXISTING FULL FUNDING GRANT AGREEMENTS.— The following projects are authorized for final design and construction for existing full funding grant agree- ments in not less than the amount specified for each fiscal year: (1) Atlanta—North Springs Extension $263,287

97 for fiscal year 2005. (2) Baltimore—Central LRT Double Tracking $28,777,920 for fiscal year 2005 and $12,655,664 for fiscal year 2006. (3) Charlotte—South Corridor LRT $29,760,000 for fiscal year 2005, $55,000,000 for fiscal year 2006, and $69,405,565 for fiscal year 2007. (4) Chicago—Chicago Transit Authority Douglas Branch Reconstruction $84,320,000 for fiscal year 2005 and $45,825,190 for fiscal year 2006. (5) Chicago—Chicago Transit Authority Ravens- wood Expansion Project $39,680,000 for fiscal year 2005, $40,000,000 for fiscal year 2006, $40,000,000 for fiscal year 2007, $40,000,000 for fiscal year 2008, and $65,152,615 for fiscal year 2009. (6) Cleveland—Euclid Corridor Transportation Project $24,800,000 for fiscal year 2005 and $24,774,513 for fiscal year 2006. (7) Denver Southeast Corridor LRT $79,360,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, $80,000,000 for fiscal year 2007, and $77,192,758 for fiscal year 2008. (8) Fort Lauderdale—Tri-Rail Commuter Rail Upgrade $11,210,695 for fiscal year 2005. (9) Los Angeles—Metro Gold Line Eastside Ex- tension $59,520,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, $100,000,000 for fiscal year 2007, $80,000,000 for fiscal year 2008, and $80,000,000 for fiscal year 2009. (10) Los Angeles—North Hollywood MOS–3 $663,339 in fiscal year 2005. (11) Metra North Central Corridor Commuter Rail $24,084,000 for fiscal year 2005 and $16,529,452 for fiscal year 2006. (12) Metra South West Corridor Commuter Rail $15,500,000 for fiscal year 2005 and $11,781,395 for fiscal year 2006. (13) Metra Union Pacific West Line Extension $12,000,000 for fiscal year 2005 and $14,285,749 for fiscal year 2006. (14) Minneapolis—Hiawatha Corridor LRT $33,111,257 for fiscal year 2005. (15) New Jersey Urban Core—Hudson-Bergen LRT $313,896. (16) New Jersey Urban Core—Hudson-Bergen LRT MOS–2 $99,200,000 for fiscal year 2005, $100,000,000 for fiscal year 2006, $100,000,000 for fiscal year 2007, and $53,202,995 for fiscal year 2008. (17) New Jersey Urban Core—Newark-Elizabeth Rail Link MOS–1 $1,342,076 for fiscal year 2005. (18) New Orleans MOS–1 Canal Street $16,455,206 for fiscal year 2005. (19) Phoenix—Central Phoenix/East Valley LRT $74,400,000 for fiscal year 2005, $90,000,000 for fiscal year 2006, $90,000,000 for fiscal year 2007, $90,000,000 for fiscal year 2008, and $90,000,000 for fiscal year 2009. (20) Pittsburgh—North Shore LRT Connector $54,560,000 in fiscal year 2005, $55,000,000 in fis- cal year 2006, $55,000,000 in fiscal year 2007, and $14,421,944 in fiscal year 2008. (21) Pittsburgh—Stage II LRT Reconstruction $1,120,854 for fiscal year 2005. (22) Portland—Interstate MAX LRT Extension $23,292,160 fiscal year 2005 and $18,292,550 for fiscal year 2006. (23) St. Louis—Metrolink Extension St. Clair County, IL $53,383 for fiscal year 2005. (24) Salt Lake City—CBD to University LRT $1,127,405 for fiscal year 2005. (25) Salt Lake City—Medical Center $8,682,141 for fiscal year 2005. (26) San Diego—Mission Valley East LRT Exten- sion $80,986,880 for fiscal year 2005 and $8,353,424 for fiscal year 2006. (27) San Diego—Oceanside Escondido Rail Corri- dor $54,560,000 fiscal year 2005 and $12,651,061 for fiscal year 2006. (28) San Francisco—BART Extension to San Francisco Airport $99,200,000 fiscal year 2005 and $82,655,680 for fiscal year 2006. (29) San Juan—Tren Urbano $44,263,040 fiscal year 2005 and $10,555,900 for fiscal year 2006. (30) Seattle—Central Link Initial Segment LRT $79,360,000 for fiscal year 2005, $80,000,000 for fiscal year 2006, $80,000,000 for fiscal year 2007, $70,000,000 for fiscal year 2008, and $24,028,149 for fiscal year 2009. (31) Washington DC/MD—Largo Metrorail Ex- tension $75,432,887 for fiscal year 2005. (b) FINAL DESIGN AND CONSTRUCTION.—The following projects are authorized for final design and construction for fiscal years 2005 through 2009 under paragraphs (1)(A) and (2)(A) of section 5309(m) of title 49, United States Code: (1) Baltimore—MARC Commuter Rail Improve- ments. (2) Boston—Silver Line BRT Phase III. (3) Central Florida Commuter Rail System. (4) Charlotte—South Corridor LRT. (5) Dallas Area Rapid Transit—Northwest- Southeast LRT Extension. (6) Delaware—Wilmington-Newark Commuter Rail Improvements. (7) Denver—West Corridor LRT. (8) El Paso—Rapid Transit (SMART) Starter Line. (9) Harrisburg—Corridor One Commuter Rail (MOS–1). (10) Houston Advanced Transit Program Light Rail. (11) Kansas City, Missouri—Southtown BRT. (12) Las Vegas—Resort Corridor Downtown Ex- tension Project. (13) Los Angeles MTA—Exposition LRT. (14) Miami-Dade Transit—North Corridor. (15) Minneapolis—North Star Corridor. (16) Nashua—Commuter Rail. (17) Nashville—Tennessee Commuter Rail.

98 (18) New Britain—Hartford Busway Project. (19) New Orleans—Desire Corridor Streetcar. (20) New York—Long Island Railroad East Side Access Project. (21) New York—Second Avenue Subway. (22) Norfolk Light Rail. (23) Northern Virginia—Dulles Corridor Exten- sion to Wiehle Avenue (Phase 1). (24) Orange County, California—Rapid Transit Project. (25) Philadelphia—Schuylkill Valley MetroRail. (26) Pittsburgh—North Shore Connector. (27) Portland, Oregon—South Corridor I– 205/Portland Mall LRT. (28) Providence—South County Commuter Rail. (29) Sacramento—South Corridor LRT Extension (Phase 2), Meadowview to Cosumnes River College. (30) Salt Lake City—Weber County to Salt Lake City Commuter Rail. (31) San Diego—Mid-Coast Extension. (32) San Francisco Muni—Third Street LRT- Phase I/II. (33) San Gabriel Valley—Gold Line Foothill Ex- tension Phase I/Phase II, Los Angeles to Montclair. (34) Santa Clara Valley Transit Authority— Silicon Valley Rapid Transit Corridor. (35) Tampa Bay—Regional Rail. (36) Triangle Transit Authority, North Caro- lina—Regional Rail Project. (37) Washington County, Oregon—Wilsonville to Beaverton Commuter Rail. (38) Wasilla-Girdwood, Alaska—Commuter Rail. (c) PRELIMINARY ENGINEERING.—The following pro- jects are authorized for preliminary engineering for fiscal years 2005 through 2009 under paragraphs (1)(A) and (2)(A) of section 5309(m) of title 49, United States Code: (1) Alameda, California—Fixed Guideway Corri- dor Project. (2) Alameda, California—Transit Improvements and Multimodal Center. (3) Albuquerque—High Capacity Corridor. (4) Ann Arbor/Downtown Detroit—Transit Im- provement Project. (5) Atlanta—East Line 1–20 Corridor Project. (6) Atlanta—MARTA Memorial Drive Bus Rapid Transit. (7) Atlanta—GRTA I–75 Corridor, Downtown At- lanta—Cherokee County. (8) Atlanta—Interstate 285 Transit Corridor. (9) Atlanta—Georgia 400 North Line Corridor Project. (10) Atlanta—Belt Line C–Loop. (11) Atlanta—I–20 East Line I–20 Corridor Pro- ject. (12) Atlanta—West Line I–20 Corridor Project. (13) Austin—San Antonio I–35 Commuter Rail. (14) Austin—Rapid Bus Project. (15) Austin—Urban Commuter Rail. (16) Baltimore Red Line/Green Line Transit Pro- ject. (17) Baton Rouge—Bus Rapid Transit. (18) Bayonne, New Jersey—Hudson Bergen LRT Extension to NY Harbor. (19) Bernalillo-Santa Fe—New Mexico Commuter Rail. (20) Birmingham, Alabama—Transit Corridor. (21) Boise—Downtown Circulator. (22) Boise, Idaho—Valley Regional Transit Rail Corridor Preservation. (23) Boston—Assembly Square Orange Line Sta- tion. (24) Boston—Lechmere Transit Improvement to Somerville and Medford. (25) Boston—North Shore Corridor and Blue Line Extension. (26) Boston—North/South Rail Link. (27) Boston—Urban Ring BRT. (28) Bridgeport, Connecticut—Bridgeport Inter- modal Facility. (29) Broward County, Florida—Bus Rapid Tran- sit. (30) Camden, New Jersey—North Ferry Termi- nal. (31) Carrollton, Texas—Regional Intermodal Passenger Rail Facility Project. (32) Cedar Rapids, Iowa—River Rail Project. (33) Central Phoenix—East Valley Corridor LRT Extensions. (34) Charlotte—Charlotte Multimodal Station. (35) Charlotte—North Corridor Project. (36) Charlotte—Northeast Corridor Project. (37) Charlotte—South Corridor LRT Extension to Rock Hill, South Carolina. (38) Charlotte—Southeast Corridor Project. (39) Charlotte—West Corridor Project. (40) Charlotte—Center City Streetcar Project. (41) Chicago—Cermack Road BRT. (42) Chicago CTA—Red Line Extension. (43) Chicago CTA—Chicago Transit Hub (Circle Line-Ogden Streetcar). (44) Chicago CTA—Orange Line Extension (Midway Airport to Ford City). (45) Chicago CTA—Yellow Line Extension (Dempster-Old Orchard). (46) Chicago—Ogden Avenue Corridor. (47) Chicago—Pace Golf Road Bus Rapid Transit. (48) Chula Vista, California—Bus Rapid Transit. (49) Clark County, Washington—MAX Exten- sion. (50) Cleveland-Akron-Canton (Northeast Ohio) Commuter Rail. (51) Columbia, South Carolina—Light Rail. (52) Columbus—North Corridor LRT Project. (53) Contra-Costa—BART Extension. (54) Corpus Christi—Downtown Rail Trolley. (55) Dallas Area Rapid Transit—Dallas Central Business District. (56) Dallas Area Rapid Transit—Rowlett LRT Extension.

99 (57) Dallas Area Rapid Transit—Beltline to DFW Airport. (58) Dayton—Aviation Heritage Corridor Street- car Project. (59) Dayton—Aviation Heritage Corridor Street- car Project Phase I. (60) Denton County Transportation Authority, Texas—Fixed Guideway Project. (61) Denver—Gold Line Extension to Arvada. (62) Denver—RR Right-of-Way Acquisition. (63) Denver—United States Route 36 Transit Corridor. (64) Denver—North Metro Corridor to Thornton. (65) Denver—East Corridor to DIA Airport. (66) Denver—I–225 Transit Corridor. (67) Denver—Southeast Corridor Extension to Lone-Tree/Ridgegate. (68) Denver—Southwest Corridor Extension to C470/Lucent Boulevard. (69) Detroit—Center City Loop. (70) Detroit—Woodward Corridor. (71) District of Columbia—Light Rail Starter Line. (72) Erie, Pennsylvania—Ferry Acquisition. (73) Fitchburg, Massachusetts—Commuter Rail Extensions and Improvements. (74) Florence-Myrtle Beach, South Carolina— Transit Corridor. (75) Fort Lauderdale—Downtown Rail Link. (76) Fort Lauderdale—Transit Project from NW 215th and 79th Streets. (77) Fort Worth—Cottonbelt Commuter Rail to DFW. (78) Fort Worth—Trinity Railway Express Com- muter Rail Extensions. (79) Galveston—Rail Trolley Extension. (80) Glendale, California—Downtown Streetcar. (81) Grand Rapids—Fixed Guideway Corridor Project. (82) Guam—Tumon Bay-Airport Light Rail. (83) Harrisburg, Pennsylvania—Corridor One MOS–2 (East Mechanicsburg to Carlisle). (84) Harrison County, Mississippi—Canal Road Intermodal Connector. (85) Henderson-Las Vegas-North Las Vegas— Regional Fixed Guideway Project. (86) Honolulu—Rapid Transit Project. (87) Houston—Commuter Rail Service in Harris & Fort Bend Counties. (88) Houston—Advanced Transportation Tech- nology System. (89) Indianapolis—System of Metropolitan Area Rapid Transit. (90) Jacksonville—East-Southwest BRT. (91) Jacksonville—North-Southeast BRT. (92) Kansas City, Missouri-Lawrence, Kansas— Commuter Rail. (93) Kenosha-Racine-Milwaukee Metra Com- muter Rail Extension (Wisconsin). (94) Kenosha, Wisconsin Streetcar Expansion Project. (95) King County, Washington—I–405 Corridor Bus Rapid Transit. (96) Lake Tahoe—Passenger Ferry Service. (97) Lakeville, Minnesota—Cedar Avenue Corri- dor Bus Rapid Transit. (98) Lane County, Oregon—Bus Rapid Transit, Phase 2. (99) Las Vegas—Boulder Highway MAX Bus Rapid Transit. (100) Little Rock—River Rail Streetcar Exten- sions. (101) Little Rock—West Little Rock Commuter Rail. (102) Livermore, California—BART Rail Exten- sion to Livermore. (103) Long Island Railroad—Nassau Hub. (104) Lorain-Cleveland Commuter Rail. (105) LOSSAN Del Mar-San Diego—Rail Corri- dor Improvements. (106) Lovejoy to Griffin, Georgia Commuter Rail. (107) Madison, Wisconsin—Madison Streetcar. (108) Madison, Wisconsin—Light Rail Transpor- tation. (109) Madison and Dane Counties, Wisconsin— Transport 2020 Commuter Rail. (110) Maryland—I–270 Corridor Cities Transit- way. (111) Maryland—Route 5 Corridor to Waldorf. (112) Maryland—Silver Spring Capacity Im- provements. (113) Massachusetts—Commuter Rail Extensions to Worcester and New Bedford. (114) Memphis—Downtown Airport Corridor. (115) Memphis—Intermodal Terminal. (116) Memphis Regional Rail Plan. (117) Metra BNSF Naperville to Aurora Corridor Extension and Improvements. (118) Metra South Suburban Airport Commuter Rail Extension. (119) Metra SouthEast Service Line Commuter Rail. (120) Metra STAR Line Inter-Suburban Com- muter Rail. (121) Metra UP Northwest Line Core Capacity Upgrades. (122) Metra UP West Line Core Capacity Up- grades. (123) Metra-West Line Extension, Elgin to Rock- ford. (124) Miami-Dade Transit—Douglas Road Exten- sion. (125) Miami-Dade Transit—East-West Corridor. (126) Miami-Dade Transit—Kendall Corridor. (127) Miami-Dade Transit—Northeast Corridor. (128) Miami-Dade Transit—South Dade Corri- dor. (129) Miami-Dade Transit—Miami Intermodal Center to Earlington Heights. (130) Miami—Downtown Streetcar Project.

100 (131) Middletown-South Fallsburg, New York, Passenger Rail. (132) Milwaukee—Downtown Dedicated Guide- way Transit Connector. (133) Minneapolis—Northwest Corridor Busway. (134) Minneapolis-St. Paul—Central Corridor Transit Project. (135) Minneapolis-St. Paul-Hinckley, Minne- sota—Rush Line Corridor. (136) Missouri/Kansas—Interstate 35 Transit Corridor. (137) Monterey County, California—Commuter Rail. (138) Montgomery and Prince George’s Counties, Maryland—Bi-County Transitway (Purple Line). (139) Nashua-Manchester—Commuter Rail Ex- tension. (140) Nashville—Area Transit Corridors. (141) Nashville—Southeast Rail Corridor. (142) Nashville Tennessee Commuter Rail. (143) Nassau and Queens Counties, New York— LIRR Main Line Third Track Project. (144) New Bedford-Fall River, Massachusetts— Commuter Rail Extension. (145) New Haven, Connecticut-Hartford, Con- necticut-Springfield, Massachusetts Commuter Line. (146) New Jersey Trans-Hudson Midtown Corri- dor. (147) New Jersey Transit—Northeast Corridor Trans-Hudson Commuter Rail Improvements. (148) New Jersey Transit—Morris/Essex/Boonton Trans-Hudson Commuter Rail Improvements. (149) New Jersey Transit—New York Susque- hanna and Western RR Commuter Extension. (150) New Jersey Transit—Phillipsburg Exten- sion. (151) New Jersey Transit—West Trenton Line Commuter Line Service Extension. (152) New Jersey-Pennsylvania Lackawanna Cutoff Rail Restoration. (153) New Jersey Urban Core. (154) New Orleans—Airport-CBD Commuter Rail. (155) New Orleans—Riverfront Streetcar Down- river Extension. (156) New Orleans—Riverfront Streetcar Upriver Extension. (157) New York—Governors Island Transporta- tion Access. (158) New York—Long Island Sound (Long Is- land) Ferry Service. (159) New York—Long Island Sound (West- chester) Ferry Service. (160) New York—NYC Bus Rapid Transit. (161) New York—NYC Highline. (162) New York—Penn Station Access Project. (163) New York—Rockaway-Brooklyn Army Terminal-Manhattan Ferry Service. (164) New York—Staten Island to Manhattan High-Speed Ferry Service Extension. (165) New York—Stewart Airport Rail Access. (166) New York—Tappan Zee I–287 Corridor. (167) New York—West Harlem Waterfront Ferry Improvements. (168) Newburg, New York—LRT System. (169) Northern Indiana—Commuter District Line. (170) Northern Indiana—West Lake Commuter Rail Link (South Shore Commuter Rail). (171) Norfolk—Naval Station Corridor. (172) Norfolk-Petersburg—United States Route 460 Commuter Rail Project. (173) Northern Virginia—Crystal City Potomac Yards Transit. (174) Northern Virginia—Columbia Pike Rapid Transit Project. (175) Northern Virginia—Dulles Corridor Exten- sion, Phase 2. (176) Northern Virginia—Richmond Highway (Route 1) Rapid Transit Project. (177) Oakland—Telegraph Avenue/International Blvd./East 14th Street BRT. (178) Ogden—Intermodal-Weber State Univer- sity Transit Connection. (179) Orange County, California—Bus Rapid Transit. (180) Orlando-Orange County, Florida—Light Rail Project. (181) Ottawa, Illinois—Illinois Valley Commuter Rail Extension. (182) Pawtucket, Rhode Island—Commuter Rail Station. (183) Philadelphia—Elwyn to Wawa Train Ser- vice Restoration. (184) Philadelphia—Navy Yard Transit Exten- sion. (185) Philadelphia—52nd Street City Connector Project. (186) Philadelphia—Route 100 Rapid Trolley Ex- tension. (187) Philadelphia—Broad Street Subway Line Extension. (188) Piedmont Authority Regional Transporta- tion—East-West Rail Transit Corridor Project. (189) Pinellas Mobility Initiative Bus Rapid Transit. (190) Pittsburgh—Keystone West Passenger Rail Corridor in Blair, Cambria, West Moreland, and Al- legheny Counties. (191) Pittsburgh—East-West Corridor Rapid Transit. (192) Pittsburgh—Martin Luther King, Jr., Busway Extension. (193) Pittsburgh—Oakland Technology Corridor. (194) Portland Streetcar Extensions. (195) Portland-Yarmouth-Brunswick- Lewiston/Auburn Passenger Rail. (196) Providence—South County Commuter Rail Phase II.

101 (197) Provo-Orem Utah—Bus Rapid Transit. (198) Quakertown-Stoney Creek, Pennsylvania— Rail Restoration. (199) Raritan Valley, New Jersey—Commuter Rail. (200) Reno, Nevada—Virginia Street Bus Rapid Transit Project. (201) Riverside County, California—Perris Valley Line Metrolink Extension. (202) Roaring Fork Valley, Colorado—Bus Rapid Transit. (203) Rock Island, Illinois—Quad Cities Rapid Transit System. (204) Sacramento—Downtown Streetcar Project. (205) Sacramento—Regional Rail, Auburn to Oakland. (206) Sacramento—Downtown/Natomas Airport Transit Corridor. (207) Salt Lake City—Airport to University LRT. (208) Salt Lake City—Delta Center to Gateway Intermodal Center LRT Extension. (209) Salt Lake City—Draper to Sandy LRT Ex- tension. (210) Salt Lake-Provo—Commuter Rail Exten- sion. (211) Salt Lake City—TRAX Capacity Improve- ments. (212) Salt Lake City—West Valley City LRT Ex- tension. (213) Salt Lake City—West Valley City 3500 South BRT. (214) Salt Lake City—West Jordan LRT Exten- sion. (215) Salt Lake City to South Davis Transit Con- nection. (216) San Antonio—Bus Rapid Transit. (217) San Diego—First Bus Rapid Transit. (218) San Diego—San Diego Imperial County Mag-Lev Rail Airport Corridor Project. (219) San Diego—Sprinter Rail Line Extension Project. (220) San Francisco—BART Extension to Liver- more. (221) San Francisco—BART Extension to Oak- land International Airport. (222) San Francisco—MUNI Geary Boulevard Bus Rapid Transit. (223) San Francisco—Oyster Point Ferry Termi- nal. (224) San Francisco—Transbay Termi- nal/Caltrain Downtown Extension Project. (225) San Joaquin, California—Regional Rail Commission Central Valley Rail Service. (226) San Joaquin Regional Rail Commission Commuter Rail (Altamont Commuter Express). (227) San Juan Tren Urbano—Extension from Rio Piedras to Carolina. (228) San Juan—Tren Urbano Minillas Exten- sion. (229) Santa Fe—El Dorado Rail Link. (230) Seattle—Monorail Project Post—Green Line Extensions. (231) Seattle—Link LRT Extensions. (232) Seattle—Sound Transit Commuter Rail. (233) Seattle—Sound Transit Regional Express Bus. (234) Sevierville to Pigeon Ford, Tennessee—Bus Rapid Transit. (235) Sonoma/Marin (SMART) Commuter Rail, California. (236) Southern California High Speed Regional Transit. (237) Southern New Jersey to Philadelphia Tran- sit Project. (238) St. Louis Metro Link—Scott AFB to Mid America Airport. (239) St. Louis—East/West Gateway. (240) St. Louis—Metro Link Northside Daniel Boone Project. (241) St. Louis—Metro South Corridor. (242) St. Louis—University Downtown Trolley. (243) St. Paul—Red Rock Corridor Commuter Rail Project. (244) Stamford, Connecticut—Boston Post Road Intermodal Center and Capacity Expansion Project. (245) Stamford, Connecticut—Urban Transitway Phase II. (246) Tampa—Bus Rapid Transit Improvements. (247) Tampa—Streetcar Extension to Downtown Tampa. (248) Toledo, Ohio—CBD to Zoo. (249) Toledo, Ohio—University Corridor. (250) Trenton Trolley. (251) Tri-Rail Dolphin Extension. (252) Tri-Rail Florida East Coast Commuter Rail Extension. (253) Tri-Rail Jupiter Extension. (254) Tri-Rail Scripps Corridor Extension Project. (255) Tucson—Old Pueblo Trolley Expansion. (256) Vancouver—Interstate MAX Extension to Clark County, Washington. (257) Virginia Beach—Bus Rapid Transit. (258) Virginia Railway Express Capacity Im- provements. (259) Washington, D.C.—Woodrow Wilson Bridge Transit Projects. (260) Washington State Ferries and Ferry Facili- ties. (261) Washington State—Issaquah Valley Trolley Project. (262) Williamsburg-Newport News—Peninsula Rail Transit. (263) Wilmington, Delaware—Commuter Rail to Middletown. (264) Winston-Salem—Downtown Streetcar Sys- tem. (d) PROJECT AUTHORIZATIONS.—Subject to the re- quirements of sections 5309(d) and 5309(e) of title 49, United States Code, the following projects are author- ized for the following amounts:

102 (1) Ann Arbor/Downtown Detroit Transit Im- provement Project, $100,000,000. (2) Baltimore Red Line/Green Line Transit Pro- ject, $102,300,000. (3) Bernalillo—Santa Fe—New Mexico Com- muter Rail, $75,000,000. (4) Birmingham-Jefferson Transit Authority—I– 65 South BRT, $100,000,000. (5) Boston—Assembly Square Orange Line Sta- tion, $25,000,000. (6) Boston—Silver Line BRT Phase II, $20,000,000. (7) Bridgeport, Connecticut—Bridgeport Inter- modal Transit Center, $28,000,000. (8) Dallas Area Rapid Transit—NW/SW Light Rail Transit Minimal Operable Segment, $260,000,000. (9) Delaware—Wilmington-Newark Commuter Rail Improvements, $14,000,000. (10) Denver Regional Transit District—West Corridor, $270,000,000. (11) Grand Rapids—Fixed Guideway Corridor Project, $14,400,000. (12) Harrison County, Mississippi HOV/BRT Ca- nal Road Intermodal Connector, $70,000,000. (13) Henderson-Las Vegas-North Las Vegas— Regional Fixed Guideway Project, $32,000,000. (14) Houston—Advanced Transportation Tech- nology System in Harris County, $245,000,000. (15) Kenosha-Racine-Milwaukee Metra Com- muter Rail Extension (Wisconsin), $80,000,000. (16) Lake Tahoe—Passenger Ferry Service, $8,000,000. (17) Lane County, Oregon—Bus Rapid Transit, Phase 2, $31,000,000. (18) Las Vegas—Boulder Highway MAX Bus Rapid Transit, $12,000,000. (19) Las Vegas—Resort Corridor Downtown Ex- tension Project, $16,000,000. (20) Long Island Railroad—Nassau Hub, $10,000,000. (21) Los Angeles County Metropolitan Transpor- tation Authority (LACMTA): Mid-City/Exposition Light Rail Transit Project, $11,000,000. (22) Metro Gold Line Foothill Extension Con- struction Authority: Gold Line Foothill Light Rail Transit Project, $6,000,000. (23) Miami—Downtown Streetcar Project, $50,000,000. (24) Minneapolis—North Star Corridor, $80,000,000. (25) Mississippi—I–69 HOV/BRT, $70,000,000. (26) Nashville—Commuter Rail, $6,200,000. (27) New Bedford-Fall River, Massachusetts— Commuter Rail Extension, $10,000,000. (28) New Britain-Hartford Busway Project, $55,000,000. (29) New Jersey Transit/Northeast Corridor Trans-Hudson Commuter Rail Improvements, $80,000,000. (30) New Orleans—Airport-CBD Commuter Rail, $5,000,000. (31) New Orleans—Desire Corridor Streetcar, $69,700,000. (32) New York—Penn Station Access Project, $15,000,000. (33) New York—Stewart Airport Rail Access, $40,000,000. (34) Providence—South County Commuter Rail, Phase II, $60,000,000. (35) Providence—South County Commuter Rail, $36,000,000. (36) Pennsylvania—New Jersey Lackawanna Cutoff Rail Restoration, $120,000,000. (37) Philadelphia—Schuylkill Valley Metro, $250,000,000. (38) Reno, Nevada—Virginia Street Bus Rapid Transit, $12,000,000. (39) Sacramento—South Corridor LRT Extension (Phase 2), Meadowview to Cosumnes River College, $11,000,000. (40) Sacramento Regional Transit District: Downtown Natoma Airport Transit Corridor, $5,000,000. (41) San Diego—Mid-Coast Light Rail Transit Extension, $11,000,000. (42) San Francisco Muni Third St. Light Rail Transit-Phase I/II, $15,000,000. (43) Santa Clara Valley Transportation Author- ity—Silicon Valley Rapid Transit Corridor Project, $11,000,000. (44) Santa Fe—El Dorado Rail Link, $5,400,000. (45) Sonoma Marin Area Rail Transit (SMART) Project, $5,000,000. (46) St. Louis—Metro South Corridor Metrolink Light Rail Extension, $135,000,000. (47) St. Louis—North Side and Daniel Boone Corridors Metrolink Light Rail Extensions, $275,000,000. (48) Stamford, Connecticut Urban Transitway, Phase II, $22,800,000. (49) Tampa—Streetcar Extension to Downtown Tampa, $3,000,000. (50) Utah—Regional Commuter Rail, $200,000,000. (51) Washington State Ferries, $25,000,000. (52) Wilmington, Delaware—Commuter Rail to Middletown, $24,900,000. (e) RULES RELATING TO FUNDING.— (1) SUBSECTION (a) PROJECTS.— (A) IN GENERAL.—The Secretary is author- ized to expend funds made available under sec- tion 5309(m) of title 49, United States Code, for final design and construction of projects au- thorized by subsection (a) as existing full fund- ing grant agreements. (B) MINIMUM FUNDING LEVELS.—The Secre- tary shall make available not less than the fol- lowing amounts for projects authorized by sub- section (a): $1,157,400,426 for fiscal year 2005,

103 $838,360,578 for fiscal year 2006, $614,405,565 for fiscal year 2007, $424,817,697 for fiscal year 2008, and $259,180,764 for fiscal year 2009. (2) SUBSECTION (b) PROJECTS.— (A) IN GENERAL.—Projects authorized by sub- section (b) for final design and construction are also authorized for alternatives analysis and preliminary engineering. (B) MINIMUM FUNDING LEVELS.—The Secre- tary shall make available not less than the fol- lowing amounts for projects authorized by sub- section (b): $165,402,806 for fiscal year 2005, $544,399,422 for fiscal year 2006, $826,314,435 for fiscal year 2007, $1,139,182,303 for fiscal year 2008, and $1,405,329,236 for fiscal year 2009. (C) PRIORITY.—In making funds available under subparagraph (B), the Secretary shall first make such funds available for any full funding grant agreement executed by the Sec- retary in fiscal year 2005 after the date of en- actment of this Act and for any full funding grant agreement executed by the Secretary in the amount indicated in fiscal years 2005 through 2009 in the amount indicated in the ‘‘Schedule of Federal Funds for the Project’’ in- cluded in such agreement. (3) SUBSECTION (c) PROJECTS.— (A) IN GENERAL.—Effective October 1, 2007, projects authorized by subsection (c) for pre- liminary engineering are also authorized for fi- nal design and construction. (B) MAXIMUM FUNDING LEVELS.—The Secre- tary shall make available not more than the following amounts for projects authorized by subsection (c): $115,026,368 for fiscal year 2005, $120,240,000 for fiscal year 2006, and $125,280,000 in fiscal year 2007. (C) MAXIMUM FUNDING LEVELS FOR PRELIMINARY ENGINEERING—In fiscal years 2008 and 2009, the Secretary shall make avail- able not more than the following amounts for projects authorized by subsection (b), and pro- jects authorized by subsection (c), to conduct preliminary engineering activities: $136,000,000 in fiscal year 2008 and $144,740,000 in fiscal year 2009. (f) NEW JERSEY URBAN CORE PROJECT.314 (g) NEW JERSEY TRANS-HUDSON MIDTOWN CORRIDOR.—Not later than 90 days after the date of enactment of this Act, the Secretary shall permit New Jersey Transit to enter into preliminary engineering on the New Jersey Trans-Hudson Midtown Corridor pro- ject. When evaluating the local share of such project in the new starts rating process, the Secretary shall give 314 This subsection amended § 3031(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). Those amendments are included in ISTEA, infra this part. consideration to project elements of the New Jersey Trans-Hudson Midtown Corridor advanced with 100 percent non-Federal funds, including the purchase of bi- level rail equipment and the New Jersey Transit Light Rail River Line. Based upon the project’s evaluations and ratings required under section 5309(d) of title 49, United States Code, the Secretary shall give strong con- sideration to the project for a full funding grant agree- ment. (h) HOUSTON METRO.— (1) LOCAL SHARE.—Notwithstanding any other provision of law, for the purpose of calculating the non-Federal share of the net project cost of any new fixed guideway capital project currently included in the Advanced Transit Program (“Metro Solutions Plan”) sponsored by the Metropolitan Transit Au- thority of Harris County, Texas, the Secretary shall include $324,000,000 in State and local funds ex- pended for the design and construction of the Red Line Light Rail Transit system that operates in Harris County, Texas. (2) SPECIAL RULE.—No provision of this Act shall be construed to override or nullify the will of the voters who approved the Metro Solutions Plan as described on the ballot and in the accompanying Board resolutions, nor shall any provision of this Act be construed to override or nullify the terms and conditions of Metro Board Resolution No. 2003–77 or any applicable provision of State law or the charter of the City of Houston as in effect as of the date of enactment of this Act. *** (i) EXEMPTION.—The Metra BNSF Naperville to Aurora Extension Project authorized under subsection (c) shall be exempted from all requirements related to criteria for grants for new fixed guideway capital pro- jects under section 5309(d) of title 49, United States Code, and from regulations required under that section. (j) RAIL CARS.—The project authorized by subsection (a)(31) includes an additional 52 rapid rail cars and project scope changes from amounts authorized by the Transportation Equity Act for the 21st Century. Section 3044. Projects for Bus and Bus-Related Facilities and Clean Fuels Grant Program. (a) PROJECTS.—Of the amounts made available to carry out section 5309(m)(2)(C) of title 49, United States Code, for each of fiscal years 2006 through 2009, the Secretary shall make funds available for the following projects in not less than the amounts specified for the fiscal year: [665 projects, 119 STAT. 1653 to 119 STAT. 1705.] (b) CLEAN FUELS GRANTS PROGRAM PROJECTS.— (1) FUNDING.—Notwithstanding subsection (a), the Secretary shall make funds available for the projects listed in item numbers 497, 517, 519, 557, 575, 578, 605, 611, 612, 614, 631, 638, 640, 641, 648, and 659 in the table contained in subsection

104 (a), in the amounts specified, from amounts made available to carry out section 5308 of title 49, United States Code. (2) PURCHASE OF BUSES UNDER SUPPLEMENTAL ENVIRONMENTAL PROJECT.—With respect to the pro- ject numbered 605, purchases of buses procured under a supplemental environmental project exe- cuted by the Rhode Island Public Transit Authority and the Environmental Protection Agency are eli- gible for assistance under section 5308 of such title. (c) SPECIAL RULE.—Notwithstanding any other provi- sion of law, the Secretary shall pay the Federal share of the net project cost to a State or local governmental authority that carries out or has carried out any part of the bus and bus-related facilities projects numbered 258 and 347 under subsection (a). Section 3045. National Fuel Cell Bus Technology Development Program. (a) ESTABLISHMENT.—The Secretary shall establish a national fuel cell bus technology development program (in this section referred to as the “program”) to facilitate the development of commercially viable fuel cell bus technology and related infrastructure. (b) GENERAL AUTHORITY.—The Secretary may enter into grants, contracts, and cooperative agreements with no more than 3 geographically diverse nonprofit organi- zations and recipients under chapter 53 of title 49, United States Code, to conduct fuel cell bus technology and infrastructure projects under the program. (c) GRANT CRITERIA.—In selecting applicants for grants under the program, the Secretary shall consider the applicant’s— (1) ability to contribute significantly to furthering fuel cell technology as it relates to transit bus op- erations, including hydrogen production, energy storage, fuel cell technologies, vehicle systems inte- gration, and power electronics technologies; (2) financing plan and cost share potential; (3) fuel cell technology to ensure that the pro- gram advances different fuel cell technologies, in- cluding hydrogen-fueled and methanol-powered liquid-fueled fuel cell technologies, that may be vi- able for public transportation systems; and (4) other criteria that the Secretary determines are necessary to carry out the program. (d) COMPETITIVE GRANT SELECTION.—The Secretary shall conduct a national solicitation for applications for grants under the program. Grant recipients shall be selected on a competitive basis. The Secretary shall give priority consideration to applicants that have success- fully managed advanced transportation technology pro- jects, including projects related to hydrogen and fuel cell public transportation operations for a period of not less than 5 years. (e) FEDERAL SHARE.—The Federal share of costs of the program shall be provided from funds made available to carry out this section. The Federal share of the cost of a project carried out under the program shall not exceed 50 percent of such cost. (f) GRANT REQUIREMENTS.—A grant under this section shall be subject to— (1) all terms and conditions applicable to a grant made under section 5309 of title 49, United States Code; and (2) such other terms and conditions as are deter- mined by the Secretary. Section 3046. Allocations for National Research and Technology Programs. (a) IN GENERAL.—Amounts appropriated pursuant to section 5338(d) of title 49, United States Code, for na- tional research and technology programs under sections 5312, 5314, and 5322 of such title shall be allocated by the Secretary as follows: (1) PUBLIC TRANSPORTATION NATIONAL SECURITY STUDY.— (A) IN GENERAL.—Not later than 6 months af- ter the date of enactment of this Act, the Secre- tary shall enter into an agreement with the National Academy of Sciences to conduct a study and evaluation of the value major public transportation systems in the United States serving the 38 urbanized areas that have a population of more than 1,000,000 individuals provide to the Nation’s security and the ability of such systems to accommodate the evacua- tion, egress or ingress of people to or from criti- cal locations in times of emergency. (B) ALTERNATIVE ROUTES.—For each system described in subparagraph (A) the study shall identify— (i) potential alternative routes for evacuation using other transportation modes such as highway, air, marine, and pedestrian activities; and (ii) transit routes that, if disrupted, do not have sufficient transit alternatives available. (C) REPORT.—Not later than 24 months after the date of entry into the agreement, the Acad- emy shall submit to the Secretary and the Committee on Transportation and Infrastruc- ture of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate a final report on the re- sults of the study and evaluation, together with such recommendations as the Academy consid- ers appropriate. (D) FUNDING.—For each of fiscal year 2006 and 2007 $250,000 shall be available to carry out this paragraph. (2) CENTER FOR TRANSIT-ORIENTED DEVELOPMENT.—For each of fiscal years 2006 through 2009, not less than $1,000,000 shall be made available by the Secretary for establishment and operation of the Center for Transit-Oriented Development— (A) to develop standards and definitions for transit-oriented development adjacent to public

105 transportation facilities; (B) to develop system planning guidance, performance criteria, and modeling techniques for metropolitan planning agencies and public transportation agencies to maximize ridership through land use planning and adjacent devel- opment; and (C) to provide research support and technical assistance to public transportation agencies, metropolitan planning agencies, and other per- sons regarding transit-oriented development. (3) TRANSPORTATION EQUITY RESEARCH PROGRAM.—For each of fiscal years 2006 through 2009, not less than $1,000,000 shall be made avail- able by the Secretary for research and demonstra- tion activities that focus on the impacts that trans- portation planning, investment, and operations have on low-income and minority populations that are transit dependent. Such activities shall include the development of strategies to advance economic and community development in low-income and minority communities and the development of training programs that promote the employment of low-income and minority community residents on Federal-aid transportation projects constructed in their communities. (4) COGNITIVE IMPAIRMENT STUDY.—For fiscal year 2006, $1,000,000 shall be made available by the Secretary for research and demonstration activities that focus on the capacity and resources of Oregon public transportation systems to address the needs, barriers, and desires for travel of people with cogni- tive impairments. (5) TRANSIT CAREER LADDER TRAINING PROGRAM.— For each of fiscal years 2006 through 2009, not less than $1,000,000 shall be available for a nationwide career ladder job training partnership program for public transportation employees to respond to tech- nological changes in the public transportation in- dustry, especially in the area of maintenance. Such program shall be carried out by the Secretary through a contract with a national nonprofit or- ganization with a demonstrated capacity to develop and provide such programs. (6) PILOT PROGRAM FOR REMOTE INFRARED AUDIBLE SIGNS.— (A) IN GENERAL.—For each of fiscal years 2006 through 2009, not less than $500,000 shall be made available by the Secretary to carry out a pilot program to determine the benefits of remote infrared audible signage technology for provision of wayfinding and in- formation to people who are visually, cogni- tively, or learning disabled. (B) REPORT.— (i) IN GENERAL.—Not later than Septem- ber 30, 2009, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representa- tives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the pilot program carried out under this section. (ii) CONTENTS.—The report— (I) shall include— (aa) an evaluation of the effect of the pilot program on multimo- dal accessibility in public trans- portation; (bb) an evaluation of the effect of the program on operators of public transportation and their passengers; (cc) an evaluation of the effect of making public transportation ac- cessible to people with visual, cognitive, and learning disabilities on ridership of public transporta- tion and use of paratransit; and (dd) an evaluation of the effect of the program on the education, community integration, work life, and general quality of life of the targeted populations. (7) HYDROGEN FUEL CELL SHUTTLE DEPLOYMENT DEMONSTRATION PROJECT.—To demonstrate the util- ity of hydrogen fuel cell vehicles in daily shuttle service, $800,000 in each of fiscal years 2006 and 2007 shall be provided for hydrogen fuel cell em- ployee shuttle vans, related equipment, operations, public education and outreach in Allentown, Penn- sylvania. (8) WISCONSIN SUPPLEMENTAL TRANSPORTATION RURAL ASSISTANCE PROGRAM (STRAP).— (A) IN GENERAL.—For capital projects, opera- tions, purchase or lease of vehicles, and inte- gration, planning and coordination of public transportation services in the State of Wiscon- sin that will supplement and expand existing rural and special public transportation services in that State, $2,000,000 in each of fiscal years 2006, 2007, 2008, and 2009 shall be provided to the State of Wisconsin Department of Trans- portation. (B) PURPOSE.—Funds received under this program may be used to supplement public transportation programs for rural populations for activities authorized under sections 5310, 5311, and 5316 of title 49, United States Code. Funds made available under this program are subject to the requirements of section 5311 of title 49, United States Code, except that funds may be made available for up to 80 percent of net operating costs. In awarding grants made available under this program, the State shall consider— (i) rural population in the area to be served by the applicant; (ii) extent to which the applicant demon- strates coordination of existing transporta-

106 tion services or proposed public transpor- tation services; (iii) need for additional services in the area being serviced by the applicant and the extent to which the proposed services will address those needs and provide ac- cessibility for non-ambulatory recipients; (iv) extent to which the applicant dem- onstrates an innovative approach that is responsive to the identified service needs of the rural population; and (v) extent to which the applicant demon- strates that the communities being served have been consulted in the planning proc- ess. (9) HUMAN SERVICE TRANSPORTATION COORDINATION.— (A) IN GENERAL.—For the management of a program to improve and enhance the coordina- tion of Federal resources for human services transportation with those of the Department of Transportation, $1,600,000 in each of fiscal years 2006, 2007, 2008, and 2009 shall be pro- vided to a national non-profit organization that is competitively selected by the Secretary. Such organization shall have demonstrated expertise in issues of transportation coordination and in providing technical assistance to local trans- portation organizations. (B) ELIGIBLE ACTIVITIES.—Under this pro- gram, the organization selected by the Secre- tary shall— (i) establish an advisory panel consisting of Federal, State, and local officials and organizations; (ii) prepare an inventory of human ser- vice transportation agencies operating in the United States; (iii) prepare an inventory of Federal transportation spending; (iv) develop a program of technical assis- tance and training for human services transportation organizations that shall in- clude on-site technical assistance, a re- source clearinghouse, and preparation of technical manuals; (v) prepare an annual report for the Sec- retary on activities under this program and make recommendations for improving coordination. (10) PORTLAND, OREGON STREETCAR PROTOTYPE PURCHASE AND DEPLOYMENT.—Not less than $1,000,000 shall be made available in each of fiscal years 2006, 2007, 2008, and 2009 by the Secretary to TriMet for the purchase and deployment of a domestically manufactured streetcar. (11) PUBLIC TRANSPORTATION PARTICIPATION PILOT PROGRAM.— (A) IN GENERAL.—Of the funds allocated un- der this section for each of fiscal years 2006 through 2009, $1,000,000 for each fiscal year shall be made available by the Secretary to es- tablish a pilot program to support planning and public participation activities related to public transportation projects. (B) ELIGIBLE ACTIVITIES.—Activities eligible to be carried out under the pilot program may include the following: (i) Improving data collection analysis and transportation access for all users of the public transportation systems. (ii) Supporting public participation through the project development phases. (iii) Using innovative techniques to im- prove the coordination of transportation alternatives. (iv) Enhancing the coordination of public transportation benefits and services. (v) Contracting with stakeholders to fo- cus on the delivery of transportation plans and programs. (vi) Measuring and reporting on the an- nual performance of the transportation systems. (12) TRANSPORTATION HYBRID ELECTRIC VEHICLE AND FUEL CELL RESEARCH.—$500,000 in each of fis- cal years 2006 through 2009 for a transportation hybrid electric vehicle and fuel cell research pro- gram at the University of Alabama. (13) TRAUMA CARE SYSTEM RESEARCH AND DEVELOPMENT.—$500,000 in each of fiscal years 2006 through 2009 for trauma care system research and development at the University of Alabama in Birmingham. (14) TRANSPORTATION INFRASTRUCTURE AND LOGISTICS RESEARCH.—$500,000 in each of fiscal years 2006 through 2009 for transportation infra- structure and logistics research at the University of Alabama in Huntsville. (15) NATIONAL BUS RAPID TRANSIT INSTITUTE.— $1,750,000 in each of fiscal years 2006 though 2009 for the National Bus Rapid Transit Institute at the University of South Florida. (16) APPLICATION OF INFORMATION TECHNOLOGY TO TRANSPORTATION LOGISTICS AND SECURITY.— $400,000 in each of fiscal years 2006 through 2009 for research on the application of information tech- nology to transportation logistics and security at the Northern Kentucky University. (17) INTELLIGENT TRANSPORTATION SYSTEM PILOT PROJECT.—$465,000 in each of fiscal years 2006 through 2009 for an intelligent transportation sys- tem pilot project with the National Consortium on Remote Sensing in Transportation Flows at the Ohio State University. (18) REGIONAL PUBLIC SAFETY TRAINING CENTER.— $500,000 in each of fiscal years 2006 through 2009 for a regional public safety training center at the Lehigh-Carbon Community College. (19) TRANSIT SECURITY TRAINING FACILITY.—

107 $750,000 in each of fiscal years 2006 though 2009 for a transit security training facility in Chester County, Pennsylvania. (20) SMALL URBAN AND RURAL TRANSIT CENTER.— $800,000 in fiscal year 2006, $800,000 in fiscal year 2007, $1,200,000 in fiscal year 2008, and $1,200,000 in fiscal year 2009 for the Small Urban and Rural Transit Center at North Dakota State University. (21) ADVANCED TECHNOLOGY BUS RAPID TRANSIT PROJECT.—$500,000 in fiscal year 2006, $540,000 in fiscal year 2007, $550,000 in fiscal year 2008, and $625,000 in fiscal year 2009 for the Southeastern Connecticut Advanced Technology Bus Rapid Tran- sit Project. (22) GREATER NEW HAVEN TRANSIT DISTRICT FUEL CELL-POWERED BUS RESEARCH.—$500,000 in fiscal year 2006, $540,000 in fiscal year 2007, $550,000 in fiscal year 2008, and $625,000 in fiscal year 2009 for the Greater New Haven Transit District Fuel Cell-Powered Bus Research. (23) CENTER FOR ADVANCED TRANSPORTATION INITIATIVES.—$500,000 in fiscal year 2006, $540,000 in fiscal year 2007, $540,000 in fiscal year 2008, and $625,000 in fiscal year 2009 for the Rutgers Center for Advanced Transportation Initiatives (CAIT). (24) INSTITUTE OF TECHNOLOGY’S TRANSPORTATION, ECONOMIC, AND LAND USE SYSTEM.—$500,000 in fis- cal year 2006, $540,000 in fiscal year 2007, $540,000 in fiscal year 2008, and $625,000 in fiscal year 2009 for the New Jersey Institute of Technol- ogy’s Transportation, Economic, and Land Use Sys- tem program (TELUS). (25) REGIONAL TRANSIT TRAINING CONSORTIUM PILOT PROGRAM.—$270,000 in fiscal year 2006, $380,000 in fiscal year 2007, $380,000 in fiscal year 2008, and $450,000 in fiscal year 2009 for the Southern California Regional Transit Training Consortium Pilot Program. (b) REMAINDER.—After making allocations under sub- section (a), the remainder of funds made available by section 5338(d) of title 49, United States Code, for na- tional research and technology programs under sections 5312, 5314, and 5322 for a fiscal year shall be allocated at the discretion of the Secretary to other transit re- search, development, demonstration and deployment projects authorized by sections 5312, 5314, and 5322 of such title. Section 3047. Forgiveness of Grant Agreement. (a) LANE COUNTY TRANSIT DISTRICT.— Notwithstanding any other provision of law (including any regulation), any outstanding balances on the follow- ing grant agreements made to the Lane County Transit District, Oregon, do not have to be repaid: (1) Federal Contract Number OR–03–0087. (2) Federal Contract Number OR–90–X094. (b) PEE DEE REGIONAL TRANSIT AUTHORITY.—The debt identified in the 2000 Triennial Review of the Pee Dee Regional Transit Authority as owed to the Federal Transit Administration by the Pee Dee Regional Tran- sit Authority does not have to be repaid. Section 3048. Cooperative Procurement. Not later than 6 months after the date of enactment of this Act, the Secretary shall undertake a 30-day re- view of efforts to use cooperative procurement to deter- mine whether benefits are sufficient to formally incor- porate cooperative procurement into the mass transit program. In particular, the Secretary shall review the progress made under the pilot program authorized un- der section 166 of division F of the Consolidated Appro- priations Act, 2004 (49 U.S.C. 5397 note; 118 Stat. 309), based on experience to date in the pilot program and any available reports to Congress submitted under such section 166. The Secretary shall also consider informa- tion gathered from grantees about cooperative pro- curement, whether or not related to the pilot program. Section 3049. Transportation Fringe Benefits. (a) TRANSIT PASS TRANSPORTATION FRINGE BENEFITS.— (1) IN GENERAL.—Effective as of the first day of the next fiscal year beginning after the date of the enactment of this Act, each covered agency shall implement a program under which all qualified Federal employees serving in or under such agency shall be offered transit pass transportation fringe benefits, as described in paragraph (2). (2) BENEFITS DESCRIBED.—The benefits described in this paragraph are the transit pass transporta- tion fringe benefits which, under section 2 of Ex- ecutive Order No. 13150, are required to be offered by Federal agencies in the National Capital Region on the date of the enactment of this Act. (3) DEFINITIONS.—In this subsection— (A) the term “covered agency” means any agency, to the extent of its facilities in the Na- tional Capital Region; (B) the term “agency” means any agency (as defined by 7905(a)(2) of title 5, United States Code), the Postal Rate Commission, and the Smithsonian Institution; (C) the term “National Capital Region” in- cludes the District of Columbia and every county or other geographic area covered by sec- tion 2 of Executive Order No. 13150; (D) the term “Executive Order No. 13150” re- fers to Executive Order No. 13150 (5 U.S.C. 7905 note); (E) the term “Federal agency” is used in the same way as under section 2 of Executive Or- der No. 13150; and (F) any determination as to whether or not one is a “qualified Federal employee” shall be made applying the same criteria as would ap- ply under section 2 of Executive Order No. 13150. (4) RULE OF CONSTRUCTION.—Nothing in this sub-

108 section shall be considered to require that a covered agency— (A) terminate any program or benefits in ex- istence on the date of the enactment of this Act, or postpone any plans to implement (be- fore the effective date referred to in paragraph (1)) any program or benefits permitted or re- quired under any other provision of law; or (B) discontinue (on or after the effective date referred to in paragraph (1)) any program or benefits referred to in subparagraph (A), so long as such program or benefits satisfy the re- quirements of paragraphs (1) through (3). *** (b) Authority to Transport Federal Employees Be- tween Their Place of Employment & Mass Transit Fa- cilities. *** (3) COORDINATION.—The authority to provide transportation services under section 1344(g) of ti- tle 31, United States Code (as amended by para- graph (1)) shall be in addition to any authority oth- erwise available to the agency involved. Section 3050. Commuter Rail. (a) IN GENERAL.—The Federal Transit Administration shall approve final design for the projects authorized under section 3030(c)(1)(A)(xliv) of the Federal Transit Act of 1998 and section 1214(g) of the Transportation Equity Act for the 21st Century (16 U.S.C. 668dd note) in the absence of an access agreement with the owner of the railroad right-of-way. (b) TIMELY RESOLUTION OF ISSUES.—The Secretary shall timely resolve any issues delaying the completion of the projects authorized under section 1214(g) of the Transportation Equity Act for the 21st Century (16 U.S.C. 668dd note) and section 3030(c)(1)(A)(xliv) of the Federal Transit Act of 1998. Section 3051. Paratransit Service in Illinois. In the State of Illinois, a regional or State agency, or another transit agency, may be responsible for provid- ing the complementary paratransit services that would otherwise be provided by a transit agency under the Americans with Disabilities Act of 1990. Where a re- gional or State agency, or another transit agency, un- dertakes to provide such services, either by agreement or pursuant to State legislation, the Secretary may au- dit the paratransit services provided, make recommen- dations, and take appropriate enforcement action di- rected to such regional, State, or transit agency providing the services, to ensure that the requirements of the Americans with Disabilities Act of 1990 are met. Nothing in this Act shall be construed to conflict with the requirements of the Americans with Disabilities Act of 1990 and its implementing regulations. *** Title V—Research Subtitle D—University Transportation Research; Scholarship Opportunities Section 5401. National University Transporta- tion Centers. *** (b) FUNDING.—Of the amounts made available by sec- tion 5101(a)(4) of this Act, $20,000,000 for fiscal year 2005 and $35,000,000 for each of fiscal years 2006 through 2009 shall be available to carry out section 5505 of such title. Section 5402. University Transportation Re- search. *** (b) FUNDING.—Of the amounts made available by sec- tion 5101(a)(4) of this Act, the following amounts shall be available to carry out section 5506 of such title. (1) $20,400,000 for fiscal year 2005. (2) $41,400,000 for each of fiscal years 2006 through 2008. (3) $43,900,000 for fiscal year 2009. *** Title VI—Transportation Planning and Project Delivery Section 6001. Transportation Planning. *** (b) SCHEDULE FOR IMPLEMENTATION.—The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consid- eration the established planning update cycle for States and metropolitan planning organizations. The Secre- tary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this sec- tion. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section. Section 6002. Efficient Environmental Reviews for Project Decisionmaking. ***

109 (b) EXISTING ENVIRONMENTAL REVIEW PROCESS.— Nothing in this section affects any existing State environmental review process, program, agreement, or funding arrangement approved by the Secretary under section 1309 of the Transportation Equity Act for the 21st Century (112 Stat. 232; 23 U.S.C. 109 note) as such section was in effect on the day preceding the date of enactment of the SAFETEA–LU. *** (d) REPEAL.—Section 1309 of the Transportation Eq- uity Act for the 21st Century (112 Stat. 232) is repealed. *** Section 6011. Transportation Conformity. *** (g) REGULATIONS.—Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate revised regulations to implement the changes made by this section. *** Subtitle C—Miscellaneous Provisions *** Section 11142. National Surface Transportation Infrastructure Financing Commission. (a) ESTABLISHMENT.—There is established a National Surface Transportation Infrastructure Financing Com- mission (in this section referred to as the ‘‘Commis- sion’’). The Commission shall hold its first meeting within 90 days of the appointment of the eighth indi- vidual to be named to the Commission. (b) FUNCTION.— (1) IN GENERAL.—The Commission shall, with re- spect to the period beginning on the date of the en- actment of this Act and ending before 2016— (A) make a thorough investigation and study of revenues flowing into the Highway Trust Fund under current law, including the individ- ual components of the overall flow of such revenues; (B) consider whether the amount of such revenues is likely to increase, decline, or re- main unchanged, absent changes in the law, particularly by taking into account the impact of possible changes in public vehicular choice, fuel use, or travel alternatives that could be expected to reduce or increase revenues into the Highway Trust Fund; (C) consider alternative approaches to gen- erating revenues for the Highway Trust Fund, and the level of revenues that such alterna- tives would yield; (D) consider highway and transit needs and whether additional revenues into the Highway Trust Fund, or other Federal revenues dedi- cated to highway and transit infrastructure, would be required in order to meet such needs; (E) consider a program that would exempt all or a portion of gasoline or other motor fuels used in a State from the Federal excise tax on such gasoline or other motor fuels if such State elects not to receive all or a portion of Federal transportation funding, including— (i) whether such State should be re- quired to increase State gasoline or other motor fuels taxes by the amount of the de- crease in the Federal excise tax on such gasoline or other motor fuels; (ii) whether any Federal transportation funding should not be reduced or elimi- nated for States participating in such pro- gram; and (iii) whether there are any compliance problems related to enforcement of Federal transportation-related excise taxes under such program; and (F) study such other matters closely related to the subjects described in the preceding sub- paragraphs as it may deem appropriate. (2) PREPARATION OF REPORT.—Based on such in- vestigation and study, the Commission shall de- velop a final report, with recommendations and the bases for those recommendations, indicating poli- cies that should be adopted, or not adopted, to achieve various levels of annual revenue for the Highway Trust Fund and to enable the Highway Trust Fund to receive revenues sufficient to meet highway and transit needs. Such recommendations shall address, among other matters as the Commis- sion may deem appropriate— (A) what levels of revenue are required by the Federal Highway Trust Fund in order for it to meet needs to maintain and improve the condition and performance of the Nation’s highway and transit systems; (B) what levels of revenue are required by the Federal Highway Trust Fund in order to ensure that Federal levels of investment in highways and transit do not decline in real terms; and (C) the extent, if any, to which the Highway Trust Fund should be augmented by other mechanisms or funds as a Federal means of fi- nancing highway and transit infrastructure in- vestments. (c) MEMBERSHIP.— (1) APPOINTMENT.—The Commission shall be composed of 15 members, appointed as follows: (A) Seven members appointed by the Secre- tary of Transportation, in consultation with the

110 Secretary of the Treasury. (B) Two members appointed by the Chair- man of the Committee on Ways and Means of the House of Representatives. (C) Two members appointed by the Ranking Minority Member of the Committee on Ways and Means of the House of Representatives. (D) Two members appointed by the Chair- man of the Committee on Finance of the Sen- ate. (E) Two members appointed by the Ranking Minority Member of the Committee on Finance of the Senate. (2) QUALIFICATIONS.—Members appointed pursu- ant to paragraph (1) shall be appointed from among individuals knowledgeable in the fields of public transportation finance or highway and transit pro- grams, policy, and needs, and may include repre- sentatives of interested parties, such as State and local governments or other public transportation authorities or agencies, representatives of the transportation construction industry (including suppliers of technology, machinery, and materials), transportation labor (including construction and providers), transportation providers, the financial community, and users of highway and transit sys- tems. (3) TERMS.—Members shall be appointed for the life of the Commission. (4) VACANCIES.—A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) TRAVEL EXPENSES.—Members shall serve without pay but shall receive travel expenses, in- cluding per diem in lieu of subsistence, in accor- dance with sections 5702 and 5703 of title 5, United States Code. (6) CHAIRMAN.—The Chairman of the Commis- sion shall be elected by the members. (d) STAFF.—The Commission may appoint and fix the pay of such personnel as it considers appropriate. (e) FUNDING.—Funding for the Commission shall be provided by the Secretary of the Treasury and by the Secretary of Transportation, out of funds available to those agencies for administrative and policy functions. (f) STAFF OF FEDERAL AGENCIES.—Upon request of the Commission, the head of any department or agency of the United States may detail any of the personnel of that department or agency to the Commission to assist in carrying out its duties under this section. (g) OBTAINING DATA.—The Commission may secure directly from any department or agency of the United States, information (other than information required by any law to be kept confidential by such department or agency) necessary for the Commission to carry out its duties under this section. Upon request of the Commis- sion, the head of that department or agency shall fur- nish such nonconfidential information to the Commis- sion. The Commission shall also gather evidence through such means as it may deem appropriate, in- cluding through holding hearings and soliciting com- ments by means of Federal Register notices. (h) REPORT.—Not later than 2 years after the date of its first meeting, the Commission shall transmit its fi- nal report, including recommendations, to the Secretary of Transportation, the Secretary of the Treasury, and the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Sen- ate, the Committee on Transportation and Infrastruc- ture of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (i) TERMINATION.—The Commission shall terminate on the 180th day following the date of transmittal of the report under subsection (h). All records and papers of the Commission shall thereupon be delivered to the Administrator of General Services for deposit in the National Archives. SURFACE TRANSPORTATION EXTENSION ACT OF 2005 (PUBLIC LAW 109-14, MAY 31, 2005) Section 7. Extension of Federal Transit Programs. *** (s) TREATMENT OF FUNDS.—Amounts made available under the amendments made by this section shall be treated for purposes of section 1101(b) of the Transpor- tation Equity Act for the 21st Century (23 U.S.C. 101 note) as amounts made available for programs under title III of such Act. SURFACE TRANSPORTATION EXTENSION ACT OF 2004, PART V (PUBLIC LAW 108-310, SEPTEMBER 30, 2004) Section 3. Transfers of Unobligated Apportion- ments. (a) IN GENERAL.—In addition to any other authority of a State to transfer funds, for fiscal year 2005, a State may transfer any funds apportioned to the State for any program under section 104(b) (including amounts ap- portioned under section 104(b)(3) or set aside, made available, or suballocated under section 133(d)) or sec- tion 144 of title 23, United States Code, before, on, or after the date of enactment of this Act, that are subject to any limitation on obligations, and that are not obli- gated, to any other of those programs. (b) TREATMENT OF TRANSFERRED FUNDS.—Any funds transferred to another program under subsection (a) shall be subject to the provisions of the program to which the funds are transferred, except that funds transferred to a program under section 133 (other than subsections (d)(1) and (d)(2)) of title 23, United States Code, shall not be subject to section 133(d) of that title. ***

111 (e) PROHIBITION OF TRANSFERS.—Notwithstanding any other provision of this section, no funds may be trans- ferred by a State under subsection (a)— (1) from amounts apportioned to the State for the congestion mitigation and air quality improvement program; and (2) from amounts apportioned to the State for the surface transportation program and that are sub- ject to any of paragraphs (1), (2), and (3)(A)(i) of section 133(d) of title 23, United States Code. Section 8. Extension of Federal Transit Pro- grams. *** (b) APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY MODERNIZATION.—The Secretary of Trans- portation shall determine the amount that each urban- ized area is to be apportioned for fixed guideway mod- ernization under section 5337 of title 49, United States Code, on a pro rata basis to reflect the partial fiscal year 2005 funding made available by sections 5338(b)(2)(A)(vii) and 5338(b)(2)(B)(vii) of such title. *** (d) ALLOCATION OF FORMULA GRANT FUNDS FOR OCTOBER 1, 2004, THROUGH JULY 30, 2005. 315 —Of the aggregate of amounts made available by and appropri- ated under section 5338(a)(2) of title 49, United States Code, for the period of October 1, 2004, through July 30, 2005— (1) $4,026,123 shall be available to the Alaska Railroad for improvements to its passenger opera- tions under section 5307 of such title; (2) $41,506,850 shall be available for clean fuels formula grants under section 5308 of such title; (3) $79,102,926 shall be available to provide transportation services to elderly individuals and individuals with disabilities under section 5310 of such title; (4) $212,000,000 shall be available to provide fi- nancial assistance for other than urbanized areas under section 5311 of such title; (5) $5,769,452 shall be available to provide finan- cial assistance in accordance with section 3038(g) of the Transportation Equity Act for the 21st Century; and (6) $5,629,500 shall be available to provide finan- cial assistance for urbanized areas under section 5307 of such title. *** (h) ALLOCATION OF RESEARCH FUNDS FOR OCTOBER 1, 2004, THROUGH JULY 30, 2005. 316—Of the funds made 315 The period of availability and amounts available were updated by sec. 7(c) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 316 The period of availability and amounts available were updated by sec. 7(g) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. available by or appropriated under section 5338(d)(2) of title 49, United States Code, for the period of October 1, 2004, through July 30, 2005— (1) not less than $4,358,219 shall be available for providing rural transportation assistance under section 5311(b)(2) of such title; (2) not less than $6,848,630 shall be available for carrying out transit cooperative research programs under section 5313(a) of such title; (3) not less than $3,320,548 shall be available to carry out programs under the National Transit In- stitute under section 5315 of such title, including not more than $830,137 shall be available to carry out section 5315(a)(16) of such title; and (4) any amounts not made available under para- graphs (1) through (3) shall be available for carry- ing out national planning and research programs under sections 5311(b)(2), 5312, 5313(a), 5314, and 5322 of such title. *** (j) ALLOCATION OF UNIVERSITY TRANSPORTATION RESEARCH FUNDS. 317 — (1) IN GENERAL.—Of the amounts made available under section 5338(e)(2)(A) of title 49, United States Code, for the period October 1, 2004, through July 30, 2005— (A) $1,660,274 shall be available for the cen- ter identified in section 5505(j)(4)(A) of such ti- tle; and (B) $1,660,274 shall be available for the cen- ter identified in section 5505(j)(4)(F) of such ti- tle. (2) Training and Curriculum Development.— Notwithstanding section 5338(e)(2) of such title, any amounts made available under such section for the period October 1, 2004, through July 30, 2005, that remain after distribution under paragraph (1), shall be available for the purposes identified in sec- tion 3015(d) of the Transportation Equity Act for the 21st Century (112 Stat. 857). *** (t) TREATMENT OF FUNDS.—Amounts made available under the amendments made by this section shall be treated for purposes of section 1101(b) of the Transpor- tation Equity Act for the 21st Century (23 U.S.C. 101 note) as amounts made available for programs under title III of such Act. 317 The period of availability and amounts available were updated by sec. 7(i)(1) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40.

112 SURFACE TRANSPORTATION EXTENSION ACT OF 2003 (PUBLIC LAW 108-88, SEPTEMBER 30, 2003) Section 8. Extension of Federal Transit Programs. [The period for the special rule was extended by sec- tion 9(b) of Public Law 108-202; section 7(b) of Public Law 108-224; and section 7(b) of Public Law 108-263. Section 7(b) of Public Law 108-280 repealed section 8(b)(1).] *** (b) APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY MODERNIZATION.— (1) SPECIAL RULE FOR OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004.—The Secretary of Transporta- tion shall determine the amount that each urban- ized area is to be apportioned for fixed guideway modernization under section 5337 of title 49, United States Code, on a pro rata basis to reflect the partial fiscal year 2004 funding made available by sections 5338(b)(2)(A)(vi) and 5338(b)(2)(B)(vi) of such title. (d) ALLOCATION OF FORMULA GRANT FUNDS FOR OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004.—Of the aggregate of amounts made available by and appropri- ated under section 5338(a)(2) of title 49, United States Code, for the period of October 1, 2003, through Febru- ary 29, 2004— (1) $2,020,813 shall be available to the Alaska Railroad for improvements to its passenger opera- tions under section 5307 of such title; (2) $20,833,334 shall be available to carry out section 5308 of such title; and (3) of the remaining amount— (A) 2.4 percent shall be available to provide transportation services to elderly individuals and individuals with disabilities under section 5310 of such title; (B) 6.37 percent shall be available to provide financial assistance for other than urbanized areas under section 5311 of such title; and (C) 91.23 percent shall be available to pro- vide financial assistance for urbanized areas under section 5307 of such title. [The period of availability and the specific allocations were updated by section 9(d) of Public Law 108-202; section 7(d) of Public Law 108-224; section 7(d) of Public Law 108-263; section 7(d) of Public Law 108-280.] *** (h) ALLOCATION OF RESEARCH FUNDS FOR OCTOBER 1, 2003, THROUGH FEBRUARY 29, 2004. 318—Of the funds made available by or appropriated under section 5338(d)(2) of title 49, United States Code, for the period of October 1, 2003, through February 29, 2004— 318 Sec. 7(h) of Pub. L. No. 108-280 repealed this subsection. (1) not less than $2,187,500 shall be available for providing rural transportation assistance under section 5311(b)(2) of such title; (2) not less than $3,437,500 shall be available for carrying out transit cooperative research programs under section 5313(a) of such title; (3) not less than $1,666,667 shall be available to carry out programs under the National Transit In- stitute under section 5315 of such title, including not more than $416,667 shall be available to carry out section 5315(a)(16) of such title; and (4) the remainder shall be available for carrying out national planning and research programs un- der sections 5311(b)(2), 5312, 5313(a), 5314, and 5322 of such title. [The period of availability and specific allocation were updated by section 9(h) of Public Law 108-202; section 7(h) of Public Law 108-224; section 7(h) of Public Law 108-263.] *** (j) ALLOCATION OF UNIVERSITY TRANSPORTATION RESEARCH FUNDS. 319 — (1) IN GENERAL.—Of the amounts made available under section 5338(e)(2)(A) of title 49, United States Code, for the period October 1, 2003, through February 29, 2004— (A) $833,333 shall be available for the center identified in section 5505(j)(4)(A) of such title; and (B) $833,333 shall be available for the center identified in section 5505(j)(4)(F) of such title. (2) TRAINING AND CURRICULUM DEVELOPMENT.— Notwithstanding section 5338(e)(2) of such title, any amounts made available under such section for such period that remain after distribution under paragraph (1), shall be available for the purposes identified in section 3015(d) of the Transportation Equity Act for the 21st Century (112 Stat. 857). [The period of availability and specific allocation were updated by section 9(j)(1) of Public Law 108-202; section 7(j)(1) of Public Law 108-224; and section 7(j)(1) of Pub- lic Law 108-263. Section 7(j) of Public Law 108-280 re- pealed section 8(j)(1).] *** (t). TREATMENT OF FUNDS.—(1) In general.— Amounts320 made available under the amendments made by this section, by section 9 of the Surface Trans- portation Extension Act of 2004, by section 7 of the Sur- face Transportation Extension Act of 2004, Part II, by section 7 of the Surface Transportation Extension Act of 2004, Part III, and by section 7 of the Surface Transpor- 319 Sec. 7(j) of Pub. L. No. 108-280 repealed this subsection. 320 Sec. 9(t)(1) of Pub. L. No. 108-202 struck “Amounts” and inserted “(1) In general.—Amounts”.

113 tation Extension Act of 2004, Part IV321 shall be treated for purposes of section 1101(b) of the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note) as amounts made available for programs under title III of such Act. (2)322 TRANSFERS.—Funds authorized by or made available under this section shall be transferred in accordance with the Consolidated Appropriations Act, 2004. CHILD SUPPORT PERFORMANCE AND INCENTIVE ACT OF 1998 (PUBLIC LAW 105-200, JULY 16, 1998) Section 403. Limitations on Use of TANF Funds for Matching Under Certain Federal Transportation Program. *** (b) REPORT TO THE CONGRESS.—Not later than 2 years after the date of the enactment of this Act, the Secre- tary of Transportation, in consultation with the Secre- tary of Health and Human Services, shall submit to the Committees on Ways and Means and on Transportation and Infrastructure of the House of Representatives and the Committees on Finance and on Environment and Public Works of the Senate a report that— (1) describes the manner in which funds made available under section 3037 of the Transportation Equity Act for the 21st Century have been used; (2) describes whether such uses of such funds has improved transportation services for low-income individuals; and (3) contains such other relevant information as may be appropriate. 321 Sec. 9(t)(2) of Pub. L. No. 108-202 inserted “and by sec- tion 9 of the Surface Transportation Extension Act of 2004”. Sec. 7(t)(1) of Pub. L. No. 108-224 effectively added “by section 7 of the Surface Transportation Extension Act of 2004, Part II”; sec. 7(t)(1) of Pub. L. No. 108-263 effectively added “by section 7 of the Surface Transportation Extension Act of 2004, Part III”; sec. 7(t)(1) of Pub. L. No. 108-280 effectively added “by section 7 of the Surface Transportation Extension Act of 2004, Part IV”. 322 Sec. 9(t)(3) of Pub. L. No. 108-202 inserted this para- graph. Sec. 7(t)(2) of Pub. L. No. 108-224 struck “7/12” and inserted “9/12”; sec. 7(t)(2) of Pub. L. No. 108-263 struck “9/12” and inserted “10/12”. Sec. 7(t)(2) of Pub. L. No. 108-280 struck “, except that only 10/12 of the total amount to be transferred shall be available”. TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (PUBLIC LAW 105-178, JUNE 9, 1998, AS CORRECTED BY THE TEA 21 RESTORATION ACT, PUBLIC LAW 105-206, TITLE IX, JULY 22 1998, 112 STAT. 834) Section 1. Short Title; Table of Contents. (a) SHORT TITLE.—This Act may be cited as the “Transportation Equity Act for the 21st Century.” *** Title I—Federal-Aid Highways323 Subtitle A—Authorizations and Programs Section 1101. Authorization of Appropriations. *** (b) DISADVANTAGED BUSINESS ENTERPRISES.324— (1) GENERAL RULE.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any pro- gram under titles I, III, and V of this Act shall be expended with small business concerns owned and controlled by socially and economically disadvan- taged individuals. (2) DEFINITIONS.—In this subsection, the follow- ing definitions apply: (A) SMALL BUSINESS CONCERN.—The term “small business concern” has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632); except that such term shall not include any concern or group of concerns controlled by the same socially and economi- cally disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $16,600,000, as adjusted by the Secretary for inflation. (B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term “so- cially and economically disadvantaged indi- viduals” has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; ex- 323 The primary provisions of tit. I of the Transportation Eq- uity Act for the 21st Century amended tit. 23. A number of sections of tit. 23 have traditionally been included at the end of pt. II of this book. Amendments to those sections have been incorporated into the text infra this part I. The sections from tit. I that follow are transit-related provisions that did not amend chap. 53 or other Acts as set out in this part. 324 See § 8(t) of Pub. L. No. 108-88.

114 cept that women shall be presumed to be so- cially and economically disadvantaged indi- viduals for purposes of this subsection. (3) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually survey and compile a list of the small business concerns re- ferred to in paragraph (1) and the location of such concerns in the State and notify the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economi- cally disadvantaged individuals (other than women), and by individuals who are women and are otherwise socially and economically disadvan- taged individuals. (4) UNIFORM CERTIFICATION.—The Secretary shall establish minimum uniform criteria for State gov- ernments to use in certifying whether a concern qualifies for purposes of this subsection. Such minimum uniform criteria shall include, but not be limited to on-site visits, personal interviews, li- censes, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, finan- cial capacity, and type of work preferred. (5) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an entity or person to receive funds made available under titles I, III, and V of this Act, if the entity or person is prevented, in whole or in part, from complying with paragraph (1) because a Federal court issues a final order in which the court finds that the requirement of paragraph (1), or the program established under paragraph (1), is unconstitutional. *** Section 1106. Federal-Aid Systems. *** (b) UNOBLIGATED BALANCES OF INTERSTATE SUBSTITUTE FUNDS. 325—Unobligated balances of funds apportioned to a State under section 103(e)(4)(H) of title 23, United States Code (as in effect on the day before the date of enactment of this Act), shall be available for obligation by the State under the law (including regula- tions, policies, and procedures) relating to the obligation and expenditure of the funds in effect on that date. *** Section 1108. Surface Transportation Program. *** (f) DIVISION OF STP FUNDS FOR AREAS OF LESS THAN 5,000 POPULATION.— 325 Sec. 1106 had two subsecs. (b), see 112 Stat. 136. (1) SPECIAL RULE.—Notwithstanding section 133(c) of title 23, United States Code, and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated under section 133(d)(3)(B) of such title for each of fiscal years 1998 through 2003 may be obligated on roads func- tionally classified as minor collectors. (2) SUSPENSION.—The Secretary may suspend the application of paragraph (1) if the Secretary deter- mines that paragraph (1) is being used excessively. *** Section 1110. Congestion Mitigation and Air Quality Improvement Program. *** (d) PUBLIC-PRIVATE PARTNERSHIPS.— *** (2) DETERMINATION BY THE SECRETARY.—For the purposes of section 149(e) of title 23, United States Code, the Secretary shall determine in accordance with the procedures specified in section 149(b) of such title whether water-phased hydrocarbon fuel emulsion technologies that consist of a hydrocarbon base and water in an amount not less than 20 per- cent by volume reduce emissions of hydrocarbon, particulate matter, carbon monoxide, or nitrogen oxide from motor vehicles. (e) STUDY OF CMAQ PROGRAM.— (1) IN GENERAL.—The Secretary and the Adminis- trator of the Environmental Protection Agency shall enter into arrangements with the National Academy of Sciences to complete, by not later than January 1, 2001, a study of the congestion mitiga- tion and air quality improvement program under section 149 of title 23, United States Code. The study shall, at a minimum— (A) evaluate the air quality impacts of emis- sions from motor vehicles; (B) evaluate the negative effects of traffic congestion, including the economic effects of time lost due to congestion; (C) determine the amount of funds obligated under the program and make a comprehensive analysis of the types of projects funded under the program; (D) evaluate the emissions reductions attrib- utable to projects of various types that have been funded under the program; (E) assess the effectiveness, including the quantitative and nonquantitative benefits, of projects funded under the program and in- clude, in the assessment, an estimate of the cost per ton of pollution reduction;

115 (F) assess the cost effectiveness of projects funded under the program with respect to con- gestion mitigation; (G) compare— (i) the costs of achieving the air pollut- ant emissions reductions achieved under the program; to (ii) the costs that would be incurred if similar reductions were achieved by other measures, including pollution controls on stationary sources; (H) include recommendations on improve- ments, including other types of projects, that will increase the overall effectiveness of the program; (I) include recommendations on expanding the scope of the program to address traffic- related pollutants that, as of the date of the study, are not addressed by the program. (2) REPORT.—Not later than January 1, 2000, the National Academy of Sciences shall transmit to the Secretary, the Committee on Transportation and Infrastructure and the Committee on Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report on the results of the study with recommen- dations for modifications to the congestion mitiga- tion and air quality improvement program in light of the results of the study. (3) FUNDING.—Before making the apportionment of funds under section 104(b)(2) of title 23, United States Code, for each of fiscal years 1999 and 2000, the Secretary shall deduct from the amount to be apportioned under such section for such fiscal year, and make available, $500,000 for such fiscal year to carry out this subsection. *** Section 1204. Statewide Planning. *** (i) PARTICIPATION OF LOCAL ELECTED OFFICIALS.— (1) STUDY.—The Secretary shall conduct a study on the effectiveness of the participation of local elected officials in transportation planning and programming. In conducting the study, the Secre- tary shall consider the degree of cooperation be- tween each State, local officials in rural areas in the State, and regional planning and development organizations in the State. (2) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall trans- mit to Congress a report containing the results of the study with any recommendations the Secretary determines appropriate as a result of the study. *** Section 1221. Transportation and Community and System Preservation Pilot Program. (a) ESTABLISHMENT.—In cooperation with appropriate State, regional, and local governments, the Secretary shall establish a comprehensive initiative to investigate and address the relationships between transportation and community and system preservation and identify private sector-based initiatives. (b) RESEARCH.— (1) IN GENERAL.—In cooperation with appropriate Federal agencies, State, regional, and local gov- ernments, and other entities eligible for assistance under subsection (d), the Secretary shall carry out a comprehensive research program to investigate the relationships between transportation, commu- nity preservation, and the environment and the role of the private sector in shaping such relation- ships. (2) REQUIRED ELEMENTS.—The program shall provide for monitoring and analysis of projects car- ried out with funds made available to carry out subsections (c) and (d). (c) PLANNING.— (1) IN GENERAL.—The Secretary shall allocate funds made available to carry out this subsection to States, metropolitan planning organizations, and local governments to plan, develop, and implement strategies to integrate transportation and commu- nity and system preservation plans and practices. (2) PURPOSES.—The purposes of the allocations shall be— (A) to improve the efficiency of the transpor- tation system; (B) to reduce the impacts of transportation on the environment; (C) to reduce the need for costly future in- vestments in public infrastructure; (D) to provide efficient access to jobs, ser- vices, and centers of trade; and (E) to examine development patterns and identify strategies to encourage private sector development patterns which achieve the goals identified in subparagraphs (A) through (D). (3) CRITERIA.—In allocating funds made available to carry out this subsection, the Secretary shall give priority to applicants that— (A) propose projects for funding that address the purposes described in paragraph (2); and (B) demonstrate a commitment of non- Federal resources to the proposed projects. (4) ADDITIONAL CRITERIA.—In addition, the Secre- tary shall give consideration to applicants that demonstrate a commitment to public and private involvement, including involvement of nontradi- tional partners in the project team. (d) ALLOCATION OF FUNDS FOR IMPLEMENTATION.— (1) IN GENERAL.—The Secretary shall allocate funds made available to carry out this subsection to States, metropolitan planning organizations, and local governments to carry out projects to address

116 transportation efficiency and community and sys- tem preservation. (2) CRITERIA.—In allocating funds made available to carry out this subsection, the Secretary shall give priority to applicants that— (A) have instituted preservation or develop- ment plans and programs that— (i) meet the requirements of title 23 and chapter 53 of title 49, United States Code; and (ii)(I) are coordinated with State and lo- cal adopted preservation or development plans; (II) are intended to promote cost- effective and strategic investments in transportation infrastructure that minimize adverse impacts on the envi- ronment; or (III) are intended to promote inno- vative private sector strategies. (B) have instituted other policies to integrate transportation and community and system preservation practices, such as— (i) spending policies that direct funds to high growth areas; (ii) urban growth boundaries to guide metropolitan expansion; (iii) ‘‘green corridors’’ programs that pro- vide access to major highway corridors for areas targeted for efficient and compact development; or (iv) other similar programs or policies as determined by the Secretary; (C) have preservation or development poli- cies that include a mechanism for reducing po- tential impacts of transportation activities on the environment; (D) examine ways to encourage private sec- tor investments that address the purposes of this section; and (E) propose projects for funding that address the purposes described in subsection (c)(2). (3) EQUITABLE DISTRIBUTION.—In allocating funds to carry out this subsection, the Secretary shall en- sure the equitable distribution of funds to a diver- sity of populations and geographic regions. (4) USE OF ALLOCATED FUNDS.— (A) IN GENERAL.—An allocation of funds made available to carry out this subsection shall be used by the recipient to implement the projects proposed in the application to the Sec- retary. (B) TYPES OF PROJECTS.—The allocation of funds shall be available for obligation for— (i) any project eligible for funding under title 23 or chapter 53 of title 49, United States Code; or (ii) any other activity relating to trans- portation and community and system preservation that the Secretary deter- mines to be appropriate, including corridor preservation activities that are necessary to implement— (I) transit-oriented development plans; (II) traffic calming measures; or (III) other coordinated transporta- tion and community and system pres- ervation practices. (e) FUNDING.— (1) IN GENERAL.—There is authorized to be ap- propriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $20,000,000 for fiscal year 1999 and $25,000,000 for each of fiscal years 2000 through 2003. (2) CONTRACT AUTHORITY.—Funds authorized un- der this subsection shall be available for obligation in the same manner as if the funds were appor- tioned under chapter 1 of title 23, United States Code. *** Section 1225. Substitute Project. (a) APPROVAL OF PROJECT.—Notwithstanding any other provision of law, upon the request of the Mayor of the District of Columbia, the Secretary may approve substitute highway and transit projects under section 103(e)(4) of title 23, United States Code (as in effect on the day before the date of enactment of this Act), in lieu of construction of the Barney Circle Freeway project in the District of Columbia, as identified in the 1991 In- terstate Cost Estimate. (b) ELIGIBILITY FOR FEDERAL ASSISTANCE.—Upon ap- proval of any substitute project or projects under sub- section (a)— (1) the cost of construction of the Barney Circle Freeway Modification project shall not be eligible for funds authorized under section 108(b) of the Federal-Aid Highway Act of 1956; and (2) substitute projects approved pursuant to this section shall be funded from interstate construction funds apportioned or allocated to the District of Co- lumbia that are not expended and not subject to lapse on the date of enactment of this Act. (c) FEDERAL SHARE.—The Federal share payable on account of a project or activity approved under this sec- tion shall be 85 percent of the cost thereof; except that the exception set forth in section 120(b)(2) of title 23, United States Code, shall apply. (d) LIMITATION ON ELIGIBILITY.—Any substitute pro- ject approved pursuant to subsection (a) (for which the Secretary finds that sufficient Federal funds are avail- able) must be under contract for construction, or con- struction must have commenced, before the last day of the 4-year period beginning on the date of enactment of this Act. If the substitute project is not under contract for construction, or construction has not commenced, by

117 such last day, the Secretary shall withdraw approval of the substitute project. *** Section 1308. Major Investment Study Integra- tion. The Secretary shall eliminate the major investment study set forth in section 450.318 of title 23, Code of Federal Regulations, as a separate requirement, and promulgate regulations to integrate such requirement, as appropriate, as part of the analyses required to be undertaken pursuant to the planning provisions of title 23, United States Code, and chapter 53 of title 49, United States Code, and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for Federal- aid highway and transit projects. The scope of the ap- plicability of such regulations shall be no broader than the scope of such section. *** Subtitle E—Finance Chapter 1—Transportation Infrastructure Finance and Innovation Section 1501. Short Title. This chapter may be cited as the “Transportation In- frastructure Finance and Innovation Act of 1998.” Section 1502. Findings. Congress finds that— (1) a well-developed system of transportation in- frastructure is critical to the economic well-being, health, and welfare of the people of the United States; (2) traditional public funding techniques such as grant programs are unable to keep pace with the infrastructure investment needs of the United States because of budgetary constraints at the Fed- eral, State, and local levels of government; (3) major transportation infrastructure facilities that address critical national needs, such as inter- modal facilities, border crossings, and multistate trade corridors, are of a scale that exceeds the ca- pacity of Federal and State assistance programs in effect on the date of enactment of this Act; (4) new investment capital can be attracted to in- frastructure projects that are capable of generating their own revenue streams through user charges or other dedicated funding sources; and (5) a Federal credit program for projects of na- tional significance can complement existing fund- ing resources by filling market gaps, thereby lever- aging substantial private co-investment. *** Chapter 2—State Infrastructure Bank Pilot Program Section 1511. State Infrastructure Bank Pilot Program. (a) DEFINITIONS.—In this section: (1) OTHER ASSISTANCE.—The term “other assis- tance” includes any use of funds in an infrastruc- ture bank— (A) to provide credit enhancements; (B) to serve as a capital reserve for bond or debt instrument financing; (C) to subsidize interest rates; (D) to ensure the issuance of letters of credit and credit instruments; (E) to finance purchase and lease agreements with respect to transit projects; (F) to provide bond or debt financing instru- ment security; and (G) to provide other forms of debt financing and methods of leveraging funds that are ap- proved by the Secretary and that relate to the project with respect to which the assistance is being provided. (2) STATE.—The term “State” has the meaning given the term under section 401 of title 23, United States Code. (b) COOPERATIVE AGREEMENTS.— (1) IN GENERAL.— (A) PURPOSE OF AGREEMENTS.—Subject to this section, the Secretary may enter into coopera- tive agreements with the States of California, Florida, Missouri, and Rhode Island for the es- tablishment of State infrastructure banks and multistate infrastructure banks for making loans and providing other assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance un- der this section. (B) CONTENTS OF AGREEMENTS.—Each coop- erative agreement shall specify procedures and guidelines for establishing, operating, and pro- viding assistance from the infrastructure bank. (2) INTERSTATE COMPACTS.—If 2 or more States enter into a cooperative agreement under para- graph (1) with the Secretary for the establishment of a multistate infrastructure bank, Congress grants consent to those States to enter into an in- terstate compact establishing the bank in accor- dance with this section. (c) FUNDING.— (1) CONTRIBUTION.—Notwithstanding any other provision of law, the Secretary may allow, subject to subsection (h)(1), a State that enters into a coop- erative agreement under this section to contribute to the infrastructure bank established by the State not to exceed— (A)(i) the total amount of funds apportioned to the State under each of paragraphs (1), (3), and (4) of section 104(b) and section 144 of title 23, United States Code, excluding funds set

118 aside under paragraphs (1) and (2) of section 133(d) of such title; and (ii) the total amount of funds allocated to the State under section 105 of such title; (B) the total amount of funds made available to the State or other Federal transit grant re- cipient for capital projects (as defined in sec- tion 5302 of title 49, United States Code) under sections 5307, 5309, and 5311 of such title; and (C) the total amount of funds made available to the State under subtitle V of title 49, United States Code. (2) CAPITALIZATION GRANT.—For the purposes of this section, Federal funds contributed to the infra- structure bank under this subsection shall consti- tute a capitalization grant for the infrastructure bank. (3) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.—Funds that are apportioned or allocated to a State under section 104(b)(3) of title 23, United States Code, and attributed to urbanized areas of a State with a population of over 200,000 individuals under section 133(d)(2) of such title may be used to provide assistance from an infrastructure bank un- der this section with respect to a project only if the metropolitan planning organization designated for the area concurs, in writing, with the provision of the assistance. (d) FORMS OF ASSISTANCE FROM INFRASTRUCTURE BANKS.—(1) IN GENERAL.—An infrastructure bank es- tablished under this section may make loans or provide other assistance to a public or private entity in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. (2) SUBORDINATION OF LOANS.—The amount of any loan or other assistance provided for the pro- ject may be subordinated to any other debt financ- ing for the project. (3) INITIAL ASSISTANCE.—Initial assistance pro- vided with respect to a project from Federal funds contributed to an infrastructure bank under this section shall not be made in the form of a grant. (e) QUALIFYING PROJECTS.—(1) IN GENERAL.—Subject to paragraph (2), funds in an infrastructure bank estab- lished under this section may be used only to provide assistance with respect to projects eligible for assistance under title 23, United States Code, for capital projects (as defined in section 5302 of title 49, United States Code), or for any other project related to surface trans- portation that the Secretary determines to be appropri- ate. (2) INTERSTATE FUNDS.—Funds contributed to an infrastructure bank from funds apportioned to a State under section 104(b)(4) of title 23, United States Code, may be used only to provide assistance with respect to projects eligible for assistance under such paragraph. (f) INFRASTRUCTURE BANK REQUIREMENTS.—(1) IN GENERAL.—Subject to paragraph (2), in order to estab- lish an infrastructure bank under this section, each State establishing such a bank shall— (A) contribute, at a minimum, to the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank under subsection (c), except that if the State has a higher Federal share payable un- der section 120(b) of title 23, United States Code, the State shall be required to contribute only an amount commensurate with the higher Federal share; (B) ensure that the bank maintains on a con- tinuing basis an investment grade rating on its debt issuances and its ability to pay claims un- der credit enhancement programs of the bank; (C) ensure that investment income generated by funds contributed to the bank will be— (i) credited to the bank; (ii) available for use in providing loans and other assistance to projects eligible for assistance from the bank; and (iii) invested in United States Treasury securities, bank deposits, or such other fi- nancing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank; (D) ensure that any loan from the bank will bear interest at or below market rates, as de- termined by the State, to make the project that is the subject of the loan feasible; (E) ensure that repayment of the loan from the bank will commence not later than 5 years after the project has been completed or, in the case of a highway project, the facility has opened to traffic, whichever is later; (F) ensure that the term for repaying any loan will not exceed the lesser of— (i) 35 years after the date of the first payment on the loan under subparagraph (E); or (ii) the useful life of the investment; and (G) require the bank to make a biennial re- port to the Secretary and to make such other reports as the Secretary may require in guide- lines. (2) WAIVERS BY THE SECRETARY.—The Secretary may waive a requirement of any of subparagraphs (C) through (G) of paragraph (1) with respect to an infrastructure bank if the Secretary determines that the waiver is consistent with the objectives of this section. (g) LIMITATIONS ON REPAYMENTS.—Notwithstanding any other provision of law, the repayment of a loan or other assistance provided from an infrastructure bank under this section may not be credited toward the non- Federal share of the cost of any project. (h) SECRETARIAL REQUIREMENTS.—In administering this section, the Secretary shall—

119 (1) ensure that Federal disbursements shall be at an annual rate of not more than 20 percent of the amount designated by the State for State infra- structure bank capitalization under subsection (c)(1), except that the Secretary may disburse funds to a State in an amount needed to finance a specific project; and (2) revise cooperative agreements entered into with States under section 350 of the National Highway System Designation Act of 1995 (Public Law 104–59) to comply with this section. (i) APPLICABILITY OF FEDERAL LAW.—(1) IN GENERAL.— The requirements of titles 23 and 49, United States Code, that would otherwise apply to funds made avail- able under such title and projects assisted with those funds shall apply to— (A) funds made available under such title and contributed to an infrastructure bank es- tablished under this section, including the non- Federal contribution required under subsection (f); and (B) projects assisted by the bank through the use of the funds; except to the extent that the Secretary determines that any requirement of such title (other than sections 113 and 114 of title 23 and section 5333 of title 49), is not con- sistent with the objectives of this section. (2) REPAYMENTS.—The requirements of titles 23 and 49, United States Code, shall apply to repay- ments from non-Federal sources to an infrastruc- ture bank from projects assisted by the bank. Such a repayment shall be considered to be Federal funds. (j) UNITED STATES NOT OBLIGATED.—(1) IN GENERAL.— The contribution of Federal funds to an infrastructure bank established under this section shall not be con- strued as a commitment, guarantee, or obligation on the part of the United States to any third party. No third party shall have any right against the United States for payment solely by virtue of the contribution. (2) STATEMENT.—Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obliga- tion of the United States. (k) MANAGEMENT OF FEDERAL FUNDS.—Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (l) PROGRAM ADMINISTRATION.—(1) IN GENERAL.—A State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank. (2) NON-FEDERAL FUNDS.—The limitation described in paragraph (1) shall not apply to non-Federal funds. *** TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS326 Section 3001. Short Title. This title may be cited as the “Federal Transit Act of 1998.” *** Section 3010. Dollar Value of Mobility Improve- ments. (a) IN GENERAL.—The Secretary shall not consider the dollar value of mobility improvements, as specified in the report required under section 5309(o) (as added by this Act), in evaluating projects under section 5309 of title 49, United States Code, in developing regulations, or in carrying out any other duty of the Secretary. (b) STUDY.— (1) IN GENERAL.—The Comptroller General shall conduct a study of the dollar value of mobility im- provements and the relationship of mobility im- provements to the overall transportation justifica- tion of a new fixed guideway system or extension to an existing system. (2) REPORT.—Not later than January 1, 2000, the Comptroller General327 shall transmit to the Com- mittee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the results of the study under para- graph (1), including an analysis of the factors rele- vant to determining the dollar value of mobility improvements. Section 3011. Local Share. (a) IN GENERAL.—Notwithstanding any other provi- sion of law, for fiscal years 1999 through 2004 and for the period of October 1, 2004, through July 30, 2005,328 a recipient of assistance under section 5307 or 5309 of title 49, United States Code, may use, as part of the local matching funds for a capital project (as defined in section 5302(a) of title 49, United States Code), the pro- ceeds from the issuance of revenue bonds. 326 The primary provisions of tit. III of the Transportation Equity Act for the 21st Century amended chap. 53 of tit. 49. Changes to chap. 53 have been incorporated into the text in part I. The sections that follow are transit-related provisions that did not amend chap. 53 or other Acts as set out in this part. 327 Sec. 9009(i) of Pub. L. No. 105-206 struck “Secretary” and inserted “Comptroller General”. 328 Sec. 9(u) of Pub. L. No. 108-202 inserted “and for the pe- riod of October 1, 2003 through April 30, 2004,”. That period was extended by sec. 7(u) of Pub. L. Nos. 108-224 and 108-263. Sec. 7(u) of Pub. L. No. 108-280 struck “2003, and for the pe- riod of October 1, 2003 through July 31,”. Sec. 8(u) of Pub. L. No. 108-310 inserted “and for the period of October 1, 2004, through May 31, 2005”. That period was extended by sec. 7(t) of Pub. L. No. 109-14 and sec. 7(s) of Pub. L. Nos. 109-20, 109- 35, 109-37, and 109-40.

120 (b) MAINTENANCE OF EFFORT.—The Secretary shall approve of the use of the proceeds from the issuance of revenue bonds for the remainder of the net project cost (as defined in section 5302(a) of title 49, United States Code) only if the aggregate amount of financial support for mass transportation in the urbanized area from the State and affected local governmental authorities dur- ing the next 3 fiscal years, as programmed in the State Transportation Improvement Program under section 135 of title 23, United States Code, is not less than the aggregate amount provided by the State and affected local governmental authorities in the urbanized area during the preceding 3 fiscal years. (c) REPORT.— (1) IN GENERAL.—Not later than January 1, 2003, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, a report on the recipients described in subsection (a) that have used, as part of the local matching funds for a capital project, the proceeds from the issuance of revenue bonds, during the period described in sub- section (a). (2) CONTENTS OF REPORT.—The report required by this subsection shall include— (A) information on each project undertaken, the amount of the revenue bonds issued, and the status of repayment of the bonds; and (B) any recommendations of the Secretary regarding the application of this section. Section 3012. Intelligent Transportation Systems Applications. (a) FIXED GUIDEWAY TECHNOLOGY.—The Secretary shall make grants for the study, design, and demonstra- tion of fixed guideway technology. Of the amounts made available by or appropriated under section 5338(d) of title 49, United States Code, the Secretary shall make funds available for the following projects in not less than the amounts specified for the fiscal year: (1) North Orange-South Seminole County, FL $750,000 for fiscal year 1999. (2) Galveston, TX fixed guideway activities $750,000 for fiscal year 1999. (b) BUS TECHNOLOGY.—The Secretary shall make grants for the study, design, and demonstration of bus technology. Of the amounts made available by or ap- propriated under section 5338(d) of title 49, United States Code, the Secretary shall make funds available for the following projects in not less than the amounts specified for the fiscal year: (1) MBTA, MA Advanced Electric Transit Buses and Related Infrastructure, $1,500,000 for each of fiscal years 1999 and 2000. (2) Palm Springs, CA Fuel Cell Buses, $1,000,000 for each of fiscal years 1999 and 2000. (3) Gloucester, MA Intermodal Technology Cen- ter, $1,500,000 for each of fiscal years 1999 and 2000. (4) Washoe County, NV Transit Technology, $1,250,000 for each of fiscal years 1999 and 2000. (c) ADVANCED PROPULSION CONTROL SYSTEM.— (1) IN GENERAL.—Of the amounts made available by or appropriated under section 5338(d) of title 49, United States Code, $2,000,000 for fiscal year 1999, $3,000,000 for fiscal year 2000, and $3,000,000 for fiscal year 2001 shall be available to the Southeast- ern Pennsylvania Transit Authority (in this subsec- tion referred to as ‘‘SEPTA’’), to be used only for the completion of the program to develop and deploy a new Advanced Propulsion Control System begun under the Request for Technical Proposals for Pro- ject S–2814–2. (2) ACTION REQUIRED BY SEPTA.—This subsection shall take effect only if SEPTA issues a request for cost proposals to the 4 selectees from the full and open competition under SEPTA’s Request for Tech- nical Proposals for Project S–2814–2 not later than 60 days after the date of enactment of this Act. *** Section 3015. Research, Development, Demon- stration, and Training Projects. *** (b) FUEL CELL BUS AND BUS FACILITIES PROGRAM.—Of the funds made available for each fiscal year to carry out section 5309(m)(1)(C) of title 49, United States Code, $4,850,000 (or, in the case of the period of October 1, 2004, through July 30, 2005, $4,026,164)329 shall be available to carry out the fuel cell powered transit bus program and the intermodal transportation fuel cell bus maintenance facility. (c) ADVANCED TECHNOLOGY PILOT PROJECT.— (1) IN GENERAL.—The Secretary shall make grants for the development of low speed magnetic levitation technology for public transportation pur- poses in urban areas to demonstrate energy effi- ciency, congestion mitigation, and safety benefits. (2) FUNDING.—Of the amounts made available under section 5001(a)(2) of this Act for each of fiscal years 1998 through 2004, and for the period of Oc- tober 1, 2004, through July 30, 2005 $5,000,000 per fiscal year and $4,150,685 for such period 330 shall 329 Sec. 8(p) of Pub. L. No. 108-88 inserted “(or, in the case of the period of October 1, 2003, through February 29, 2004, $2,020,833)”. The period of availability and amount available were updated by sec. 9(p) of Pub. L. No. 108-202 and sec. 7(p) of Pub. L. Nos. 108-224 and 108-263. Sec. 7(p) of Pub. L. No. 108-280 struck “(or, in the case of the period of October 1, 2003, through July 31, 2004 $4,017,821)”. Sec. 8(p) of Pub. L. No. 108-310 inserted “(or, in the case of the period of October 1, 2004, through May 31, 2005, $3,233,333)”. The period of avail- ability and amount available were updated by sec. 7(o) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 330 Sec. 8(q)(1) of Pub. L. No. 108-88 inserted “and for the pe- riod of October 1, 2003, through February 29, 2004.”. The pe-

121 be available to carry out this subsection. Financial assistance made available under this subsection and projects assisted with the assistance shall be subject to section 5333(a) of title 49, United States Code. (3) FEDERAL SHARE.—The Federal share payable on account of activities carried out using a grant made under this subsection shall be 80 percent of the cost of such activities. (d)331 TRAINING AND CURRICULUM DEVELOPMENT.— (1) IN GENERAL.—Any funds made available by section 5338(e)(2)(C)(iii) of title 49, United States Code, shall be available in equal amounts for transportation research, training, and curriculum development at institutions identified in subpara- graphs (E) and (F) of section 5505(j)(3) of such title. (2) SPECIAL RULE.—If the institutions identified in paragraph (1) are selected pursuant to 5505(i)(3)(B) of such title in fiscal year 2002, 2003, or 2004 or in the period October 1, 2004, through July 30, 2005,332 the funds made available to carry out this subsection shall be available to those insti- tutions to carry out the activities required pursuant to section 5505(i)(3)(B) of such title for that fiscal year. *** riod of availability was updated by sec. 7(q)(1) of Pub. L. Nos. 108-224 and 108-263. Sec. 8(q)(2) of Pub. L. No. 108-88 in- serted “and $2,083,333 for such period”. The amount available was increased by sec. 7(q)(2) of Pub. L. Nos. 108-224 and 108- 263. Sec. 8(q) of Pub. L. No. 108-280 struck “2003, and for the period of October 1, 2003, through July 31, 2004 [sic] $5,000,000 per fiscal year and $4,142,083 for such period” and inserted “2004, $5,000,000 per fiscal year”. Sec. 8(q) of Pub. L. No. 108-310 inserted “and for the period of October 1, 2004, through May 31, 2005” and “and $3,333,333 for such period”. The period of availability and amount available were updated by sec. 7(p) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 331 This subsection was added by sec. 9009(k)(2) of Pub. L. No. 105-206. 332 Sec. 8(j)(3) of Pub. L. No. 108-88 inserted “and in the pe- riod October 31, 2003, through February 29, 2004”. This period of availability was extended by sec. 9(j)(2) of Pub. L. No. 108- 202; sec. 7(j)(2) of Pub. L. No. 108-224; and sec. 7(j)(2) of Pub. L. No. 108-263. Sec. 7(j)(2) of Pub. L. No. 108-280 struck “or 2003 and in the period October 31, 2003, through July 31, 2004” and inserted “, 2003, or 2004”. Sec. (j)(3) of Pub. L. No. 108-310 inserted “or in the period October 1, 2004, through May 31, 2005”. This period of availability was extended by sec. 7(i)(2) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109- 40. Section 3021. Pilot Program for Intercity Rail Infrastructure Investment from Mass Transit Account of Highway Trust Fund. (a) 333 IN GENERAL.—The Secretary shall establish a pilot program to determine the benefits of using funds from the Mass Transit Account of the Highway Trust Fund for intercity passenger rail. The funds made available to the State of Oklahoma and the State of Vermont to carry out sections 5307 and 5311 of title 49, United States Code, during fiscal years 1998 through 2003 may be used for capital improvements to, and op- erating assistance for, intercity passenger rail service. (b) REPORT.— (1) IN GENERAL.—Not later than Octo- ber 1, 2002, the Secretary shall submit to the Commit- tee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the pilot program established under this section. (2) CONTENTS.—The report submitted under paragraph (1)shall include— (A) an evaluation of the effect of the pilot program on alternative forms of transportation within the State of Oklahoma and the State of Vermont; (B) an evaluation of the effect of the program on operators of mass transportation and their passengers; (C) a calculation of the amount of Federal as- sistance provided under this section trans- ferred for the provision of intercity passenger rail service; and (D) an estimate of the benefits to intercity passenger rail service, including the number of passengers served, the number of route miles covered, and the number of localities served by intercity passenger rail service. *** Section 3027. Apportionment of Appropriations for Formula Grants. *** (c) CONTINUATION OF OPERATING ASSISTANCE TO CERTAIN LARGER URBANIZED AREAS.— (1) PROVISION OF ASSISTANCE.—Notwithstanding any other provision of law, during the period de- scribed in paragraph (2), the Secretary may con- 333 Sec. 323 of Pub. L. No. 106-69 struck “single-State” before “pilot” and struck “Any assistance provided to the State of Oklahoma or the State of Vermont under sections 5307 and 5311 of title 49, United States Code” and inserted “The funds made available…United States Code”. Sec. 354 of the Depart- ment of Transportation and Related Agencies Appropriations Act, 1999 (included as § 101(g) of Pub. L. No. 105-277) inserted “or the State of Vermont” after “the State of Oklahoma” and inserted “and the State of Vermont” after “within the State of Oklahoma”.

122 tinue to provide assistance under section 5307 of ti- tle 49, United States Code, to finance the operating costs of equipment and facilities for use in mass transportation in any urbanized area (as that term is defined in section 5302 of title 49, United States Code) with a population of at least 200,000, if the Secretary determines that— (A) the number of the total bus revenue vehi- cle-miles operated in or directly serving the area is less than 900,000;334 and (B) the number of buses operated in or di- rectly serving the area does not exceed 15. (2) PERIOD DESCRIBED.—For purposes of para- graph (1), the period described in this paragraph is the period beginning on the date of enactment of this Act and ending on the earlier of— (A) 3 years after the date of enactment of this Act; and (B) the date on which the Secretary deter- mines that— (i) the number of the total bus revenue vehicle miles operated in or directly serv- ing the area is greater than or equal to 900,000; and (ii) the number of buses operated in or directly serving the area exceeds 15. (3)335 SERVICES FOR ELDERLY AND PERSONS WITH DISABILITIES.—In addition to assistance made available under paragraph (1), the Secretary may provide assistance under section 5307 of title 49, United States Code, to a transit provider that oper- ates 20 or fewer vehicles in an urbanized area with a population of at least 200,000 to finance the oper- ating costs of equipment and facilities used by the 334 Sec. 9009(o)(1) of Pub. L. No. 105-206 struck “600,000” each place it appears in subsec. (c) and inserted “900,000”. 335 Sec. 360 of the Department of Transportation and Re- lated Agencies Appropriations Act, 1999 (as contained in div. A, § 101(g) of Pub. L. No. 105-277) added this paragraph at the end of the section. Sec. 6004 of Pub. L. No. 106-31 redesignated the paragraph as 3027(c)(3). Sec. 176 of the Department of Transportation and Related Agencies Appropriations Act, 2004 (div. F of Pub. L. No. 108- 99) extended the provision for fiscal year 2004, providing: For fiscal year 2004, section 3027 of the Transportation Eq- uity Act for the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366), as amended, is amended by adding at the end the follow- ing: (3) In addition to assistance made available under paragraph (1), the Secretary may provide assistance under section 5307 of title 49, United States Code, to a transit provider that operates 25 or fewer vehicles in an urbanized area with a population of at least 200,000 to finance the operating costs of equipment and fa- cilities used by the transit provider in providing mass transpor- tation services to elderly and persons with disabilities, provided that such assistance to all entities shall not exceed $10,000,000 annually. Presumably the intent was to amend subsec. (c)(3) to raise the threshold for eligibility from 20 vehicles to 25 vehicles and to raise the cap on such assistance from $1,444,000 to $10,000,000. transit provider in providing mass transportation services to elderly and persons with disabilities, provided that such assistance to all entities shall not exceed $1,444,000336 annually. *** (e) GOVERNMENT SHARE FOR OPERATING ASSISTANCE TO CERTAIN SMALLER URBANIZED AREAS. 337— Notwithstanding 49 U.S.C. 5307(e), a grant of the Gov- ernment for operating expenses of a project under 49 U.S.C. 5307(b) in fiscal years 1999 and 2000 to any re- cipient that is providing transit services in an urban- ized area with a population between 128,000 and 128,200, as determined in the 1990 census, and that had adopted a 5-year transit plan before September 1, 1998, may not be more than 80 percent of the net pro- ject cost. *** Section 3030. Projects for New Fixed Guideway Systems and Extensions to Existing Systems. (a) FINAL DESIGN AND CONSTRUCTION.—The following projects are authorized for final design and construction for fiscal years 1998 through 2004 and for the period of October 1, 2004, through July 30, 2005,338 under section 5309(m)(1)(B) of title 49, United States Code: (1) Atlanta—Athens Commuter Rail. (2) Atlanta—Griffin Commuter Rail. (3) Atlanta—North Line Extension. (4) Austin—NW/North Central/SE—Airport LRT. (5) Baltimore—Central LRT Extension to Glen Burnie. (6) Boston—Massport Airport Intermodal Transit Connector. (7) Boston—North Shore Corridor and Blue Line Extension to Beverly. (8) Charlotte—North-South Corridor Transitway. (9) Chicago—Navy Pier-McCormick Place Busway. 336 Sec. 341 of Appendix—H.R. REP. NO. 5394 to Pub. L. No. 106-346 struck “$1,000,000” and inserted “$1,444,000”. 337 Sec. 339 of Pub. L. No. 106-69 added this subsection. 338 Sec. 8(r) of Pub. L. No. 108-88 inserted “and for the pe- riod of October 1, 2003, through February 29, 2004,” here and in subsecs. (b) and (c)(1). The period of availability was ex- tended by sec. 9(r) of Pub. L. No. 108-202; sec. 7(r) of Pub. L. Nos. 108-224 and 108-263. Sec. 7(r)(1) of Pub. L. No. 108-280 struck “2003 and for the period of October 1, 2003, through July 31, 2004,” and inserted “2004” here and in subsec. (b) and (c)(1). Sec. 8(r)(1) of Pub. L. No. 108-88 inserted “and for the period of October 1, 2004, through May 31, 2005,” here and in subsec. (b). The statutory language directed the insertion come after “2004”, which resulted in two commas after “May 31, 2005”. The period of availability was extended here and in subsecs. (b) and (c)(1) by sec. 7(q) of Pub. L. Nos. 109-14, 109- 20, 109-35, 109-37, and 109-40.

123 (10) Chicago—North Central Upgrade Commuter Rail. (11) Chicago—Ravenswood Line Extension. (12) Chicago—Southwest Extension. (13) Chicago—West Line Expansion. (14) Cleveland—Akron-Canton Commuter Rail. (15) Cleveland—Berea Metroline Extension. (16) Cleveland—Blue Line Extension. (17) Cleveland—Euclid Corridor Extension. (18) Cleveland—I–90 Corridor to Ashtabula County. (19) Cleveland—Waterfront Line Extension. (20) Dallas—North Central Extension. (21) Dallas—Ft. Worth RAILTRAN (Phase II). (22) Denver—East Corridor (Airport). (23) Denver—Southeast LRT (I–25 between 6th & Lincoln). (24) Denver—Southwest LRT. (25) Denver—West Corridor LRT. (26) East St. Louis-St. Clair County—Mid- America Airport Corridor. (27) Ft. Lauderdale-West Palm Beach-Miami Tri- County Commuter Rail. (29) Hartford—Griffin Line. (30) Hollis—Ketchikan Ferry. (31) Houston—Regional Bus Plan—Phase I. (32) Kansas City—I–35 Commuter Rail. (33) Kansas City—Southtown Corridor. (34) Kenosha-Racine—Milwaukee Rail Exten- sion. (35) Las Vegas Corridor. (36) Little Rock—River Rail. (37) Los Angeles—Metrolink San Bernadino Line. (38) Los Angeles—MOS–3. (39) Los Angeles—Metrolink (Union Station- Fullerton). (40) Louisville—Jefferson County Corridor. (41) MARC—Commuter Rail Improvements. (42) Baltimore Light Rail Double Track. (43) Memphis—Medical Center Extension. (44) Miami—East-West Multimodal Corridor. (45) Miami—North 27th Avenue Corridor. (46) Miami—South Busway Extension. (47) Milwaukee—East-West Corridor. (48) Monterey County Commuter Rail. (49) Nashua, NH—Lowell, MA Commuter Rail. (50) Nashville—Commuter Rail. (51) New Orleans—Canal Streetcar. (52) New York—8th Avenue Subway Connector. (53) New York—Brooklyn—Staten Island Ferry. (54) New York—Long Island Railroad East Side Access. (55) New York—Staten Island Ferry—Whitehall Intermodal Terminal. (56) New York Susquehanna and Western Com- muter Rail. (57) New Jersey Urban Core. (58) Norfolk—Virginia Beach Corridor. (59) Orange County—Fullerton—Irvine Corridor. (60) Orlando—I–4 Central Florida Light Rail System. (61) Philadelphia—Schuylkill Valley Metro. (62) Phoenix—Fixed Guideway. (63) Colorado—Roaring Fork Valley Rail. (64) Pittsburgh Airborne Shuttle System. (65) Pittsburgh—MLK Busway Extension. (66) Portland—South-North Corridor. (67) Portland—Westside-Hillsboro Corridor. (68) Raleigh-Durham—Regional Transit Plan. (69) Sacramento—Folsom Extension. (70) Sacramento—Placer County Corridor. (71) Sacramento—South Corridor. (72) Salt Lake City—Light Rail (Airport to Uni- versity of Utah). (73) Salt Lake City—Ogden-Provo Commuter Rail. (74) Salt Lake City—South LRT. (75) San Diego—Mid-Coast LRT Corridor. (76) San Diego—Mission Valley East Corridor. (77) San Diego—Oceanside—Escondido Corridor. (78) San Francisco—BART to San Francisco In- ternational Airport Extension. (79) San Francisco—Bayshore Corridor. (80) San Jose—Tasman Corridor Light Rail. (81) San Juan—Tren Urbano. (82) San Juan—Tren Urbano Extension to Minel- las. (83) Santa Cruz—Fixed Guideway. (84) Seattle—Southworth High Speed Ferry. (85) Seattle—Sound Move Corridor. (86) South Boston—Piers Transitway. (87) St. Louis—Cross County Corridor. (88) Stockton—Altamont Commuter Rail. (89) Tampa Bay—Regional Rail. (90) Twin Cities—Northstar Corridor (Downtown Minneapolis-Anoka County-St. Cloud). (91) Twin Cities—Transitways Corridors. (92) Washington—Richmond Rail Corridor Im- provements. (93) Washington, D.C.—Dulles Corridor Exten- sion. (94) Washington, D.C.—Largo Extension. (95) West Trenton Line (West Trenton-Newark). (96) Westlake—Commuter Rail Link. (97) Pittsburgh North Shore-Central Business District Corridor. (98) Pittsburgh—Stage II Light Rail. (99) Boston—North-South Rail Link. (100) Spokane—South Valley Corridor Light Rail. (101) Miami—Palmetto Metrorail. (102) Morgantown—Personal Rapid Transit. (103) Santa Monica—Boulevard transitway. (104) Northwest New Jersey—Northeast Rail Corridor. (105) Southeastern North Carolina Corridor. (106) Chicago—CTA Douglas Branch. (107) San Joaquin—Regional Transit Corridor. (108) Greater Albuquerque Mass Transit Project.

124 (109) Hartford City Light Rail Connection to Central Business District. (110) Providence—Boston Commuter Rail. (111) New York—St. George’s Ferry Intermodal Terminal. (112) New York—Midtown West Ferry Terminal. (113) Pinellas County—Mobility Initiative Pro- ject. (114) Atlanta—MARTA Extension (S. De Kalb- Lindbergh). Washington County—Wilsonville to Beaverton commuter rail.339 (b) ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEERING.—The following projects are authorized for alternatives analysis and preliminary engineering for fiscal years 1998 through 2004 and for the period of October 1, 2004, through July 30, 2005, under section 5309(m)(1)(B) of title 49, United States Code: (1) Atlanta—Georgia 400 Multimodal Corridor. (2) Sioux City—Light Rail. (3) Atlanta—MARTA I–285 Transit Corridor. (4) Atlanta—MARTA Marietta-Lawrenceville Corridor. (5) Atlanta—MARTA South De Kalb Comprehen- sive Transit Program. (6) Baltimore—Metropolitan Rail Corridor. (7) Baltimore—People Mover. (8) Bergen County Cross—County Light Rail. (9) Birmingham Transit Corridor. (10) Boston—Urban Ring. (11) Charleston—Monobeam. (12) Chicago—Comiskey Park Station. (13) Chicago—Inner Circumferential Commuter Rail. (14) Cumberland/Dauphin County Corridor 1 Commuter Rail. (15) Dallas—DART LRT Extensions. (16) Dallas—Las Colinas Corridor. (17) Dayton—Regional Riverfront Corridor. (18) El Paso—International Fixed Guideway (El Paso-Juarez). (19) Fremont—South Bay Corridor. (20) Houston—Advanced Transit Program. (21) Jacksonville—Fixed Guideway Corridor. (22) Knoxville—Electric Transit. (23) Lorain—Cleveland Commuter Rail. (24) Los Angeles—MOS–4 East Side Extension (II). (25) Los Angeles—MOS–4 San Fernando Valley East-West. (26) Los Angeles—LOSSAN (Del Mar-San Diego). (27) Maine High Speed Ferry Service. (28) Maryland Route 5 Corridor. (29) Memphis—Regional Rail Plan. (30) Miami—Kendall Corridor. (31) Miami—Northeast Corridor. 339 Sec. 322 of Pub. L. No. 107-87 added this item. A numeri- cal designation was not included. (32) New Jersey Trans-Hudson Midtown Corri- dor. (33) New Orleans—Airport—CBD Commuter Rail. (34) New Orleans—Desire Streetcar. (35) New York—Astoria—East Elmhurst Exten- sion. (36) New York—Broadway—Lafayette & Bleecker Street Transfer. (37) New York—Brooklyn—Manhattan Access. (38) New York—Lower Manhattan Access. (39) New York—Manhattan East Side Link. (40) Santa Fe–El Dorado Rail Link. (41) New York—Nassau Hub. (42) New York—North Shore Railroad. (43) New York—Queens West Light Rail Link. (44) Albuquerque—High Capacity Corridor. (45) Newburgh—LRT System. (46) North Front Range Corridor. (47) Northeast Indianapolis Corridor. (48) Oakland Airport—BART Connector. (49) Providence—Pawtucket Corridor. (50) Philadelphia—Broad Street Line Extension. (51) Philadelphia—Cross County Metro. (52) Philadelphia—Lower Marion Township. (53) San Jacinto—Branch Line (Riverside County). (54) Redlands—San Bernardino Transportation Corridor. (55) Riverside—Perris Rail Passenger Service. (56) Salt Lake City—Draper Light Rail Exten- sion. (57) Salt Lake City—West Jordan Light Rail Ex- tension. (58) San Francisco—CalTrain Extension to Hol- lister. (59) Scranton—Laurel Line Intermodal Corridor. (60) SEATAC—Personal Rapid Transit. (61) Toledo—CBD to Zoo. (62) Union Township Station (Raritan Valley Line). (63) Washington County Corridor (Hastings-St. Paul). (64) Washington, D.C.—Georgetown-Ft. Lincoln. (65) Williamsburg—Newport News-Hampton LRT. (66) Cincinnati/N. Kentucky—Northeast Corri- dor. (67) Northeast Ohio—commuter rail. (68) California—North Bay Commuter Rail. (69) Chicago—Northwest Rail Transit Corridor. (70) Vermont—Burlington-Essex Commuter Rail. (71) Dane County Corridor—East-West Madison Metropolitan Area.340 (72) Wilmington Downtown transit corridor. (73) Honolulu Bus Rapid Transit project.341 340 Sec. 363 of Pub. L. No. 106-69 inserted this item. 341 Sec. 334 of Appendix—H.R. REP. NO. 5394 to Pub. L. No. 106-346 inserted items 72 and 73.

125 Detroit, Michigan Metropolitan Airport rail pro- ject.342 (c) PROJECT AUTHORIZATIONS.— (1) IN GENERAL.—Of the total amount made available by or authorized under section 5338(b) of title 49, United States Code, to carry out section 5309(m)(1)(B) for fiscal years 1998 through 2004 and for the period of October 1, 2004, through July 30, 2005:343 (A) $3,000,000,000 shall be available for the following projects (even if the project is not listed in subsection (a) or (b)): (i) Birmingham Transit Corridor, $87,500,000. (ii) San Diego Mission Valley and Mid- Coast Corridor, $325,000,000. (iii) Denver-Southeast LRT (I–25 be- tween 6th and Lincoln), $10,000,000. (iv) Colorado—Roaring Fork Valley Rail, $40,000,000. (v) Hartford City344 Connection to Cen- tral Business District, $33,000,000. (vi) Bridgeport—Intermodal Corridor, $34,000,000. (vii) New London—Waterfront Access, $10,000,000. (viii) Old Saybrook—Hartford Rail Ex- tension, $10,000,000. (ix) Stamford—Fixed Guideway Connec- tor, $18,000,000. (x) Orlando—I–4 Central Florida Light Rail System, $100,000,000. (xi) Miami—Palmetto Metrorail, $8,000,000. (xii) Tampa Bay—Regional Rail, $2,000,000. (xiii) Fort Lauderdale—West Palm Beach—Miami Tri-County Commuter Rail, $20,000,000. (xiv) Miami—East-West Multimodal Corridor, $20,000,000. (xv) Chicago—CTA Douglas Branch, $315,000,000. (xvi) Northeast Indianapolis Corridor, $10,000,000. (xvii) Sioux City—Light Rail, $10,000,000. (xviii) MARC—Commuter Rail Im- provements, $185,000,000. (xix) Baltimore—Light Rail Double Track, $120,000,000. 342 Sec. 322 of Pub. L. No. 107-87 added this item. A numeri- cal designation was not included. 343 Sec. 8(r)(2) of Pub. L. No. 108-88 inserted “and for the pe- riod of October 1, 2004, through May 31, 2005”. 344 Sec. 341 of Pub. L. No. 106-69 amended para. (1) by strik- ing “Light Rail” after “City”. (xx) Boston—North Shore Corridor and Blue Line Extension to Beverly, $50,000,000. (xxi) Twin Cities—Transitways Corri- dors, $120,000,000. (xxii) Twin Cities—Northstar Corridor (Downtown Minneapolis—Anoka County— St. Cloud), $6,000,000. (xxiii) Kansas City—I-35 Commuter Rail, $30,000,000. (xxiv) Las Vegas Corridor, $155,000,000. (xxv) New Jersey—Bergen County Cross County Light Rail, $5,000,000. (xxvi) New Jersey—Trans Hudson Mid- town Corridor, $5,000,000. (xxvii) Santa Fe—Eldorado Rail Link, $10,000,000. (xxviii) Albuquerque Alvarado Intermo- dal Center, $5,000,000. (xxix) Greater Albuquerque Mass Tran- sit Project, $90,000,000. (xxx) New York—Long Island Railroad East Side Access, $353,000,000. (xxxi) New York—Second Avenue Sub- way, $5,000,000. (xxxii) New York—Staten Island Ferry- Whitehall Intermodal Terminal, $40,000,000. (xxxiii) New York—St. George’s Ferry Intermodal Terminal, $20,000,000. (xxxiv) New York—Nassau Hub, $10,000,000. (xxxv) New York–Midtown West Ferry Terminal, $16,300,000. (xxxvi) Cincinnati/Northern Kentucky Corridor, $65,000,000. (xxxvii) Portland South—North Corri- dor, $25,000,000. (xxxviii) Philadelphia—Schuylkill Valley Metro, $75,000,000. (xxxix) Pittsburgh Stage II Light Rail, $100,200,000. (xl) Philadelphia—Pittsburgh High Speed Rail, $10,000,000. (xli) Cumberland/Dauphin County Cor- ridor 1 Commuter Rail, $20,000,000. (xlii) Pittsburgh North Shore—Central Business District, $20,000,000. (xliii) Providence—Boston Commuter Rail, $10,000,000. (xliv) Rhode Island Integrated Intermo- dal Transportation, $25,000,000. (xlv) Dallas—North Central Extension, $188,000,000. (xlvi) Dallas—Southeast Corridor, $20,000,000. (xlvii) Dallas—Northwest Corridor, $12,000,000. (xlviii) Washington, D.C., Dulles Corri- dor Extension, $86,000,000.

126 (xlix) Seattle—Tacoma Commuter Rail, $40,000,000. (l) San Joaquin Regional Intermodal Corridor, $14,000,000. (li) Dallas-Ft. Worth RAILTRAN (Phase- II), $12,000,000. (B) The remainder shall be available for pro- jects listed in subsections (a) and (b). (2) ADDITIONAL AMOUNTS.— (A) IN GENERAL.—The total amount author- ized in section 5338(h)(5) of title 49, United States Code, for fiscal years 1999 through 2003 shall be available for projects listed in subsec- tions (a) and (b). (B) PRIORITY FOR SALT LAKE CITY OLYMPICS.— (i) IN GENERAL.—Of the amount author- ized to be appropriated under section 5338(h)(5), $640,000,000 is authorized to be appropriated for the Salt Lake CityWin- ter Olympic Games for the following pro- jects: (I) North/South Light Rail. (II) Airport to University of Utah Light Rail. (III) Intermodal Facilities. (IV) Park and Ride Lots. (V) Bus Acquisition. (ii) GOVERNMENT SHARE.—The Govern- ment share of the costs of projects assisted under this subparagraph shall not exceed 80 percent. For purposes of determining the nongovernmental share for projects authorized under this subparagraph, highway, aviation, and transit projects shall be considered to be a program of pro- jects. (iii) USE OF FUNDS.—Funds provided un- der this subparagraph shall be available for planning and capital assistance. (3) HIGH PRIORITY PROJECT.—The Long Island Rail Road East Side Access project shall be given priority consideration by the Secretary for funds made available under paragraph (1)(B). The project shall also be exempted from all requirements relat- ing to criteria for grants and loans for fixed guide- way systems under section 5309(e) of such title and from regulations required under that section. In addition, that project is authorized for construction with funds available under section 5338(h)(5) of ti- tle 49, United States Code. (d) EFFECT OF AUTHORIZATION.— (1) IN GENERAL.— (A) SUBSECTION (a) PROJECTS.—Projects au- thorized by subsection (a) for final design and construction are also authorized for alterna- tives analysis and preliminary engineering. (B) SUBSECTION (b) PROJECTS.—Effective Oc- tober 1, 2000, projects authorized by subsection (b) for alternatives analysis and preliminary engineering are also authorized for final design and construction. (2) FIXED GUIDEWAY AUTHORIZATION.—The project authorized by subsection (a)(3) includes an addi- tional 28 rapid rail cars and project scope changes from amounts authorized by the Intermodal Sur- face Transportation Efficiency Act of 1991. (3) INTERMODAL CENTER AUTHORIZATIONS.— Notwithstanding any other provision of law, each of the following projects are eligible for funding under section 5309(m)(1)(C) of title 49, United States Code: (A) Huntington, West Virginia Intermodal Facility project. (B) Huntsville Intermodal Center project. (C) Saint Barnard Parish, Louisiana inter- modal facility.345 (D) Bethlehem, Pennsylvania intermodal fa- cility.346 (E) Alabama State Docks intermodal passen- ger and freight facility.347 (F) Port of Anchorage Intermodal passenger and freight facility. (G) Mobile Waterfront Terminal and Mari- time Center of the Gulf.348 (H)349 Memphis-Shelby International Airport intermodal facility. (e) NEW JERSEY URBAN CORE PROJECT.350 (f) LOS ANGELES MOS–3 PROJECT.— (1) IN GENERAL.—For purposes of this section, the Los Angeles MOS–3 project referenced in subsec- tion (a)(38) may include any fixed guideway project or projects selected by the Los Angeles County Met- ropolitan Transportation Authority for develop- ment in the transportation corridors to be served by the 3 extensions of MOS–3 of the Los Angeles County Metro Rail project, as described in section 3034(i) of the Intermodal Surface Transportation Efficiency Act of 1991. (2) ALTERNATIVES.—In considering fixed guide- way alternatives and selecting any revised pre- ferred alternative in the East Side or Mid City cor- 345 Sec. 358 of the Department of Transportation and Re- lated Agencies Appropriations Act, 1999 (as contained in § 101(g) of Pub. L. No. 105-277) added this item. 346 Sec. 362 of Pub. L. No. 106-69 inserted this item. 347 Sec. 361 of Pub. L. No. 107-87 inserted this item as sub- para. (D). Sec. 345 of the Department of Transportation and Related Agencies Appropriations Act, 2003 (div. I of Pub. L. No. 108-7) redesignated this subparagraph as subpara. (E). 348 Sec. 345 of the Department of Transportation and Re- lated Agencies Appropriations Act, 2003 (div. I of Pub. L. No. 108-7) inserted subparas. (F) and (G). 349 Sec. 175 of the Department of Transportation and Re- lated Agencies Appropriations Act, 2004 (div. F of Pub. L. No. 108-99) inserted this subparagraph. Sec. 7(r)(2) of Pub. L. No. 108-280 redesignated this subparagraph from (D) to (H). 350 This subsection amended § 3031 of ISTEA. Those amendments are included in ISTEA, infra this part.

127 ridors of MOS–3, the Los Angeles County Metro- politan Transportation Authority shall— (A) fully evaluate the potential impact of the alternatives on the integrity of the neighbor- hoods in the corridor involved; (B) address the capacity of the alternatives to serve transit dependent riders; (C) identify and address any disproportion- ately high and adverse effects on minority and low income populations, in accordance with the Executive Order on Federal Actions to Address Environmental Justice (EO 12898; February 11, 1994); and (D) otherwise comply with all applicable Federal and State planning and environmental requirements. (g) BALTIMORE-WASHINGTON TRANSPORTATION IMPROVEMENTS PROGRAM.351 (h) TECHNICAL ADJUSTMENT.352 351 This subsection amended § 3035(nn) of ISTEA. Those amendments are included in ISTEA, infra this part. 352 This subsection amended § 3035(nn) of ISTEA. That amendment is included in ISTEA, infra this part.

128 Section 3031. Projects for Bus and Bus-Related Facilities. (a) GUARANTEED FUNDING.—Of the amounts made available to carry out section 5309(m)(1)(C) of title 49, United States Code, for each of fiscal years 1999 and 2000, the Secretary shall make funds available for the following projects in not less than the amounts specified for the fiscal year: [150 projects, 112 STAT. 381 to 112 STAT. 385] Project FY 1999 (in mil- lions) FY 2000 (in mil- lions) 1. Albuquerque, NM buses 1.250 1.250 2. Alexandria, VA bus maintenance facility 1.000 1.000 3. Alexandria, VA King Street Station access 1.100 0.000 4. Altoona, PA Metro Transit Authority buses and transit system improvements 0.842 0.842 5. Altoona, PA Metro Transit Authority Logan Valley Mall Suburban Transfer Center 0.080 0.000 6. Altoona, PA Metro Transit Authority Transit Center improvements 0.424 0.000 7. Arkansas Highway and Transit Department buses 0.200 2.000 8. Armstrong County-Mid County, PA bus facilities and buses 0.150 0.150 9. Atlanta, GA MARTA buses 9.000 13.500 10. Austin, TX buses 1.250 1.250 11. Babylon, NY Intermodal Center 1.250 1.250 12. Birmingham-Jefferson County, AL buses 1.250 1.250 13. Boulder/Denver, CO RTD buses 0.625 0.625 14. Bradford County, Endless Mountain Transportation Authority buses 1.000 0.000 15. Brookhaven Town, NY elderly and disabled buses and vans 0.225 0.000 16. Brooklyn-Staten Island, NY Mobility Enhancement buses 0.800 0.000 17. Broward County, FL buses 1.000 0.000 18. Buffalo, NY Auditorium Intermodal Center 2.000 2.000 19. Buffalo, NY Crossroads Intermodal Station 1.000 0.000 20. Cambria County, PA bus facilities and buses 0.575 0.575 21. Centre Area, PA Transportation Authority buses 1.250 1.250 22. Chambersburg, PA Transit Authority buses 0.300 0.000 23. Chambersburg, PA Transit Authority Intermodal Center 1.000 0.000 24. Chester County, PA Paoli Transportation Center 1.000 1.000 25. Altoona, PA Pedestrian Crossover 0.800 0.000 26. Cleveland, OH Triskett Garage bus maintenance facility 0.625 0.625 27. Crawford Area, PA Transportation buses 0.500 0.000 28. Culver City, CA CityBus buses 1.250 1.250 29. Davis, CA Unitrans transit maintenance facility 0.625 0.625 30. Dayton, OH Multimodal Transportation Center 0.625 0.625 0.625 31. Daytona, FL Intermodal Center 2.500 2.500 32. Duluth, MN Transit Authority community circulation vehicles 1.000 1.000 33. Duluth, MN Transit Authority intelligent transportation systems 0.500 0.500 34. Duluth, MN Transit Authority Transit Hub 0.500 0.500

129 35. Dutchess County, NY Loop System buses 0.521 0.521 36. East Hampton, NY elderly and disabled buses and vans 0.100 0.000 37. Erie, PA Metropolitan Transit Authority buses 1.000 1.000 38. Everett, WA Multimodal Transportation Center 1.950 1.950 39. Fayette County, PA Intermodal Facilities and buses 1.270 1.270 40. Fayetteville, AR University of Arkansas Transit System buses 0.500 0.500 41. Fort Dodge, IA Intermodal Facility (Phase II) 0.885 0.885 42. Gary, IN Transit Consortium buses 1.250 1.250 43. Grant County, WA buses and vans 0.600 0.000 44. Greensboro, NC Multimodal Center 3.340 3.339 45. Greensboro, NC Transit Authority buses 1.500 1.500 46. Greensboro, NC Transit Authority small buses and vans 0.321 0.000 47. Hartford, CT Transportation Access Project 0.800 0.000 48. Healdsburg, CA Intermodal Facility 1.000 1.000 49. Honolulu, HI bus facility and buses 2.250 2.250 50. Hot Springs, AR Transportation Depot and Plaza 0.560 0.560 51. Humboldt, CA Intermodal Facility 1.000 0.000 52. Huntington, WV Intermodal Facility 8.000 12.000 53. Illinois statewide buses and bus-related equipment 6.800 8.200 54. Indianapolis, IN buses 5.000 5.000 55. Iowa/Illinois Transit Consortium bus safety and security 1.000 1.000 56. Ithaca, NY TCAT bus technology improvements 1.250 1.250 57. Lackawanna County, PA Transit System buses 0.600 0.600 58. Lakeland, FL Citrus Connection transit vehicles and related equipment 1.250 1.250 59. Lane County, OR Bus Rapid Transit 4.400 4.400 60. Lansing, MI CATA bus technology improvements 0.600 0.000 61. Little Rock, AR Central Arkansas Transit buses 0.300 0.300 62. Livermore, CA automatic vehicle locator 1.000 1.000 63. Long Island, NY CNG transit vehicles and facilities 1.250 1.250 64. Repealed by section 9008(u)(1)(A) of P.L. 105–206 353 65. New York, NY West 72nd St. Intermodal Station 1.750 1.750 66. Los Angeles, CA San Fernando Valley smart shuttle buses 0.300 0.000 67. Los Angeles, CA Union Station Gateway Intermodal Transit Center 1.250 1.250 68. Maryland statewide bus facilities and buses 7.000 11.500 69. Rensselaer, NY Rensselaer Intermodal Bus Facility 1.000 6.000 70. Mercer County, PA buses 0.750 0.000 71. Miami Beach, FL Electric Shuttle Service 0.750 0.750 72. Miami-Dade, FL buses 2.250 2.250 73. Michigan statewide buses 10.000 13.500 74. Milwaukee County, WI buses 4.000 6.000 353 So in original.

130 75. Mineola/Hicksville, NY LIRR Intermodal Centers 1.250 1.250 76. Modesto, CA bus maintenance facility 0.625 0.625 77. Monroe County, PA Transportation Authority buses 1.000 0.000 78. Monterey, CA Monterey-Salinas buses 0.625 0.625 79. Morongo Basin, CA Transit Authority bus facility 0.650 0.000 80. New Haven, CT bus facility 2.250 2.250 81. New Jersey Transit jitney shuttle buses 1.750 1.750 82. Newark, NJ Morris & Essex Station access and buses 1.250 1.250 83. Northstar Corridor, MN Intermodal Facilities and buses 6.000 10.000 84. Norwich, CT buses 2.250 2.250 85. Ogden, UT Intermodal Center 0.800 0.800 86. Oklahoma statewide bus facilities and buses 5.000 5.000 87. Orlando, FL Downtown Intermodal Facility 2.500 2.500 88. Providence, RI buses and bus maintenance facility 2.250 3.294 89. Perris, CA bus maintenance facility 1.250 1.250 90. Philadelphia, PA Frankford Transportation Center 5.000 5.000 91. Philadelphia, PA Intermodal 30th Street Station 1.250 1.250 92. Portland, OR Tri-Met buses 1.750 1.750 93. Pritchard, AL bus transfer facility 0.500 0.000 94. Reading, PA BARTA Intermodal Transportation Facility 1.750 1.750 95. Red Rose, PA Transit Bus Terminal 1.000 0.000 96. Richmond, VA GRTC bus maintenance facility 1.250 1.250 97. Riverhead, NY elderly and disabled buses and vans 0.125 0.000 98. Robinson, PA Towne Center Intermodal Facility 1.500 1.500 99. Rome, NY Intermodal Center 0.400 0.000 100. Sacramento, CA CNG buses 1.250 1.250 101. San Francisco, CA Islais Creek Maintenance Facility 1.250 1.250 102. San Juan, Puerto Rico Intermodal access 0.600 0.600 103. Santa Clarita, CA buses 1.250 1.250 104. Santa Cruz, CA bus facility 0.625 0.625 105. Santa Rosa/Cotati, CA Intermodal Transportation Facilities 0.750 0.750 106. Seattle, WA Intermodal Transportation Terminal 1.250 1.250 107. Shelter Island, NY elderly and disabled buses and vans 0.100 0.000 108. Smithtown, NY elderly and disabled buses and vans 0.125 0.000 109. Somerset County, PA bus facilities and buses 0.175 0.175 110. South Amboy, NJ Regional Intermodal Transportation Initiative 1.250 1.250 111. South Bend, IN Urban Intermodal Transportation Facility 1.250 1.250 112. South Carolina statewide Virtual Transit Enterprise 1.220 1.220 113. South Dakota statewide bus facilities and buses 1.500 1.500 114. Southampton, NY elderly and disabled buses and vans 0.125 0.000 115. Southold, NY elderly and disabled buses and vans 0.100 0.000 116. Springfield, MA Union Station 1.250 1.250

131 117. St. Louis, MO Bi-state Intermodal Center 1.250 1.250 118. Denver, CO Stapleton Intermodal Center 1.250 1.250 119. Suffolk County, NY elderly and disabled buses and vans 0.100 0.000 120. Texas statewide small urban and rural buses 4.000 4.500 121. Towamencin Township, PA Intermodal Bus Transportation Center 1.500 1.500 122. Tuscaloosa, AL Intermodal Center 1.000 0.000 123. Ukiah, CA Transportation Center 0.500 0.000 124. Utah Transit Authority, UT Intermodal Facilities 1.500 1.500 125. Utah Transit Authority/Park City Transit, UT buses 6.500 6.500 126. Utica, NY Union Station 2.100 2.100 127. Utica and Rome, NY bus facilities and buses 0.500 0.000 128. Washington County, PA Intermodal Facilities 0.630 0.630 129. Washington, D.C. Intermodal Transportation Center 2.500 2.500 130. Washoe County, NV transit improvements 2.250 2.250 131. Waterbury, CT bus facility 2.250 2.250 132. West Virginia statewide Intermodal Facility and buses 5.000 5.000 133. Westchester County, NY Bee-Line transit system fareboxes 0.979 0.979 134. Westchester County, NY Bee-Line transit system shuttle buses 1.000 1.000 135. Westchester County, NY DOT articulated buses 1.250 1.250 136. Westmoreland County, PA Intermodal Facility 0.200 0.200 137. Wilkes-Barre, PA Intermodal Facility 1.250 1.250 138. Williamsport, PA Bus Facility 1.200 1.200 139. Windsor, CA Intermodal Facility 0.750 0.750 140. Wisconsin statewide bus facilities and buses 8.000 12.000 141. Woodland Hills, CA Warner Center Transportation Hub 0.325 0.625 142. Worcester, MA Union Station Intermodal Transportation Center 2.500 2.500 143. Lynchburg, VA buses 0.200 0.000 144. Harrisonburg, VA buses 0.200 0.000 145. Roanoke, VA buses 0.200 0.000 146. Allegheny County, PA buses 0.000 1.500 147. Mount Vernon, WA Multimodal Center 1.750 1.750 148. New Bedford/Fall River, MA Mobile Access to health care 0.250 0.000 149. Philadelphia, PA Regional Transportation System for Elderly and Disabled 0.750 0.000 150. Repealed by section 9008(u)(1)(D) of P.L. 105–206(b) ADDITIONAL AMOUNTS.—Of the amounts authorized to be appropriated to carry out section 5309(m)(1)(C) of title 49, United States Code, for each of fiscal years 1999 and 2000 with funds made available under section 5338(h)(6) of such title, there are authorized to be appropriated for the follow- ing projects: 1. Everett, WA Multimodal Transportation Center 1.000 1.000 2. Rennselaer, NY Rennselaer Intermodal Bus Facility 4.000 0.000 3. Rochester, NY Rochester Central Bus Facility 12.500 12.500 4. Long Beach, NY Long Beach Central Bus Facility 0.750 0.750

132 5. Broome County, NY Buses and Related Equipment 2.700 2.700 6. Long Island, NY CNG Transit Vehicles and Facilities 3.050 3.050 Section 3032. Contracting Out Study. (a) STUDY.—Not later than 6354 months after the date of enactment of this Act, the Secretary shall enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct a study of the effect of contracting out mass transportation op- eration and administrative functions on cost, availabil- ity and level of service, efficiency, safety, quality of ser- vices provided to transit-dependent populations, and employer-employee relations. (b) TERMS OF AGREEMENT.—The agreement entered into in subsection (a) shall provide that— (1) the Transportation Research Board, in con- ducting the study, consider the number of grant re- cipients that have contracted out services, the size of the population served by such grant recipients, the basis for decisions regarding contracting out, and the extent to which contracting out was af- fected by the integration and coordination of re- sources of transit agencies and other Federal agen- cies and programs; and (2) the panel conducting the study shall include representatives of transit agencies, employees of transit agencies, private contractors, academic and policy analysts, and other interested persons. (c) REPORT.—Not later than 24 months after the date of entry into the agreement under subsection (a), the Secretary shall transmit to the Committee on Transpor- tation and Infrastructure of the House of Representa- tives and the Committee on Banking, Housing, and Ur- ban Affairs of the Senate a report containing the results of the study. (d) FUNDING.—There shall be available from funds made available under section 5338(f)(2) of title 49, United States Code,355 to carry out this section $250,000 for fiscal year 1999. (e) CONTRACTUAL OBLIGATION.—Entry into an agree- ment to carry out this section that is financed with amounts made available under subsection (d)356 is a contractual obligation of the United States to pay the Government’s share of the cost of the study. Section 3033. Urbanize Area Formula Study. (a) STUDY.—The Secretary shall conduct a study to determine whether the formula for apportioning funds 354 Sec. 9009(v)(1) of Pub. L. No. 105-206 struck “3” and in- serted “6”. 355 Sec. 9009(v)(2) of Pub. L. No. 105-206 struck “the Mass Transit Account of the Highway Trust Fund” and inserted “funds made available under section 5338(f)(2) of title 49, United States Code,”. Sec. 9009(v)(3) struck “1998” and in- serted “1999”. 356 Sec. 9009(v)(4) of Pub. L. No. 105-206 struck “subsection (c)” and inserted “subsection (d)”. to urbanized areas under section 5336 of title 49, United States Code, accurately reflects the transit needs of the urbanized areas and, if not, whether any changes should be made either to the formula or through some other mechanism to reflect the fact that some urbanized areas with a population between 50,000 and 200,000 have transit systems that carry more pas- sengers per mile or hour than the average of those transit systems in urbanized areas with a population over 200,000. (b) REPORT.—Not later than December 31, 1999, the Secretary shall transmit to the Committee on Transpor- tation and Infrastructure of the House of Representa- tives and the Committee on Banking, Housing, and Ur- ban Affairs of the Senate a report on the results of the study conducted under this section, together with any proposed changes to the method for apportioning funds to urbanized areas with a population over 50,000. Section 3034. Coordinated Transportation Ser- vices. (a) STUDY.—The Comptroller General shall conduct a study of Federal departments and agencies (other than the Department of Transportation) that receive Federal financial assistance for nonemergency transportation services. (b) CONTENTS.—In conducting the study, the Comp- troller General shall— (1) identify each Federal department and agency (other than the Department of Transportation) that has received Federal financial assistance for non- emergency transportation services in any of the 3 fiscal years preceding the date of enactment of this Act; (2) identify the amount of such assistance re- ceived by each Federal department and agency in such fiscal years; and (3) identify the projects and activities funded us- ing such financial assistance. (c) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to the Committee on Transportation and In- frastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing the results of the study and any recommendations for enhanced coordination between the Department of Transportation and other Federal departments and agencies that provide funding for non-emergency transportation. Section 3035. Final Assembly of Buses. (a) IN GENERAL.—All buses manufactured on or after September 1, 1999, that are purchased with Federal funds by recipients of assistance from the Federal Transit Administration shall conform with the Federal

133 Transit Administration Guidance on Buy America Re- quirements, dated March 18, 1997. (b) RULE OF CONSTRUCTION.—For purposes of this sec- tion, a bus shall be considered to be manufactured on or after September 1, 1999, if the manufacturing process for that bus is not completed on or before August 31, 1999. Section 3036. Clean Fuel Vehicles. (a) STUDY.—The Comptroller General shall conduct a study of the various low and zero emission fuel tech- nologies for transit vehicles, including compressed natural gas, liquefied natural gas, bio diesel fuel, bat- tery, alcohol based fuel, hybrid electric, fuel cell, and clean diesel to determine— (1) the status of the development and use of such technologies; (2) the environmental benefits of such technolo- gies under the Clean Air Act; and (3) the cost of such technologies and any associ- ated equipment. (b) REPORT.—Not later than January 1, 2000, the Comptroller General shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Hous- ing, and Urban Affairs of the Senate a report on the results of the study, together with recommendations for incentives to encourage the use of low and zero emis- sion fuel technology for transit vehicles. Section 3038. Over-the-Road Bus Accessibility Program.357 (a) DEFINITIONS.—In this section, the following defini- tions apply: (1) INTERCITY, FIXED-ROUTE OVER-THE-ROAD BUS SERVICE.—The term “intercity, fixed-route over-the- road bus service” means regularly scheduled bus service for the general public, using an over-the- road bus, that— (A) operates with limited stops over fixed routes connecting 2 or more urban areas not in close proximity or connecting 1 or more rural communities with an urban area not in close proximity;358 (B) has the capacity for transporting baggage carried by passengers; and (C) makes meaningful connections with scheduled intercity bus service to more distant points. (2) OTHER OVER-THE-ROAD BUS SERVICE.—The term “other over-the-road bus service” means any other transportation using over-the-road buses in- cluding local fixed-route service, commuter service, 357 Sec. 3039(a) of Pub. L. No. 109-59 struck the section heading (“Rural Transportation Accessibility Incentive Pro- gram”) and inserted this heading. 358 Sec. 9009(x)(1) of Pub. L. No. 105-206 inserted “or con- necting 1 or more rural communities with an urban area not in close proximity”. and charter or tour service (including tour or ex- cursion service that includes features in addition to bus transportation such as meals, lodging, admis- sion to points of interest or special attractions or the services of a tour guide). (3) OVER-THE-ROAD BUS.—The term “over-the- road bus” means a bus characterized by an elevated passenger deck located over a baggage compart- ment. (b) GENERAL AUTHORITY.—The Secretary shall make grants under this section to operators of over-the-road buses to finance the incremental capital and training costs of complying with the Department of Transporta- tion’s final rule regarding accessibility of over-the-road buses required by section 306(a)(2)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12186(a)(2)(B)). (c) GRANT CRITERIA.—In selecting applicants for grants under this section, the Secretary shall con- sider— (1) the identified need for over-the-road bus ac- cessibility for persons with disabilities in the areas served by the applicant; (2) the extent to which the applicant demon- strates innovative strategies and financial com- mitment to providing access to over-the-road buses to persons with disabilities; (3) the extent to which the over-the-road bus op- erator acquires equipment required by the final rule prior to any required timeframe in the final rule; (4) the extent to which financing the costs of complying with the Department of Transportation’s final rule regarding accessibility of over-the-road buses presents a financial hardship for the appli- cant; and (5) the impact of accessibility requirements on the continuation of over-the-road bus service, with particular consideration of the impact of the re- quirements on service to rural areas and for low- income individuals. (d) COMPETITIVE GRANT SELECTION.—The Secretary shall conduct a national solicitation for applications for grants under this section. Grantees shall be selected on a competitive basis. (e)359 FEDERAL SHARE OF COSTS.— The Federal share of costs under this section shall be provided from funds made available to carry out this section and shall be determined in accordance with section 5323(i) of title 49, United States Code. (f) GRANT REQUIREMENTS.—A grant under this section shall be subject to all of the terms and conditions appli- cable to subrecipients who provide intercity bus trans- portation under section 5311(f) of title 49, United States 359 Sec. 3039(a)(2) of Pub. L. No. 109-59 struck subsec. (e) and inserted this subsection. Before amendment, subsec. (e) read: “The Federal share of costs under this section shall be provided from funds made available to carry out this section. The Federal share of the costs for a project shall not exceed 90 percent of the project cost.”. Sec. 336 of Appendix—H.R. REP. NO. 5394, Pub. L. No. 106-346, struck “50” and inserted “90”.

134 Code, and such other terms and conditions as the Secre- tary may prescribe. (g)360 FUNDING.— (1) INTERCITY, FIXED ROUTE OVER-THE-ROAD BUS SERVICE.—Of the amounts made available to carry out this section in each fiscal year, 75 percent 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 in- cremental capital and training costs of the Depart- ment of Transportation’s final rule regarding acces- sibility of over-the-road buses. Such amounts shall remain available until expended. (2) OTHER OVER-THE-ROAD BUS SERVICE.—Of the amounts made available to carry out this section in each fiscal year, 25 percent shall be available for operators of other over-the-road bus service to fi- nance the incremental capital and training costs of the Department of Transportation’s final rule re- garding accessibility of over-the-road buses. Such amounts shall remain available until expended. Section 3039. Study of Transit Needs in National Parks and Related Public Lands. (a) PURPOSES.—The purposes of this section are to en- courage and promote the development of transportation systems for the betterment of the national parks and other units of the National Park System, national wild- life refuges, recreational areas, and other public lands in order to conserve natural, historical, and cultural resources and prevent adverse impact, relieve conges- tion, minimize transportation fuel consumption, reduce pollution (including noise and visual pollution), and enhance visitor mobility and accessibility and the visi- tor experience. (b) STUDY.— (1) IN GENERAL.—The Secretary, in coordination with the Secretary of the Interior, shall undertake a comprehensive study of alternative transporta- tion needs in national parks and related public lands managed by Federal land management agen- cies assist in carrying out the purposes described in subsection (a).361 The study shall be submitted to the Committee on Transportation and Infrastruc- ture of the House of Representatives and the Com- mittee on Banking, Housing, and Urban Affairs of the Senate not later than January 1, 2000. (2) STUDY ELEMENTS.—The study required by paragraph (1) shall— (A) identify transportation strategies that improve the management of the national parks and related public lands; (B) identify national parks and related public lands with existing and potential problems of adverse impact, high congestion, and pollution, 360 Sec. 3039(a)(3) of Pub. L. No. 109-59 struck subsec. (g) and inserted this subsection. See app. D for text and legislative history of subsec. (g). 361 So in original. or which can benefit from alternative transpor- tation modes; (C) assess the feasibility of alternative transportation modes; and (D) identify and estimate the costs of alter- native transportation modes for each of the na- tional parks and related public lands referred to in paragraph (1). (3) DEFINITION.—For purposes of this subsection, the term “Federal land management agencies” means the National Park Service, the United States Fish and Wildlife Service, and the Bureau of Land Management. Section 3040. Obligation Ceiling. Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Mass Transit Account of the Highway Trust Fund by, and amounts appropriated under, subsections (a) through (f) of section 5338 of title 49, United States Code, and subparagraphs (A) and (B) of section 3037(l)(1) of this Act, shall not exceed— (1) $5,315,000,000 in fiscal year 1999; (2) $5,797,000,000 in fiscal year 2000; (3) $6,271,000,000 in fiscal year 2001; (4) $6,747,000,000 in fiscal year 2002; (5) $7,226,000,000 in fiscal year 2003; (6) $7,309,000,000 in fiscal year 2004;362 (7) $6,401,995,996 for the period of October 1, 2004, through August 14, 2005.363 Section 3041. Adjustments for the Surface Trans- portation Extension Act of 1997. (a) IN GENERAL.—Notwithstanding any other provi- sion of law, the Secretary shall ensure that the total apportionments and allocations made to a designated grant recipient under section 5338 of title 49, United States Code, for fiscal year 1998 shall be reduced by the amount apportioned to such designated recipient pur- suant to section 8 of the Surface Transportation Exten- sion Act of 1997 (111 Stat. 2559). (b) FIXED GUIDEWAY MODERNIZATION ADJUSTMENT.— In making the apportionments described in subsection (a), the Secretary shall adjust the amount apportioned to each urbanized area for fixed guideway moderniza- tion for fiscal year 1998 to reflect the method for appor- tioning funds in section 5337(a) of title 49, United States Code. 362 Sec. 8(o)(1)–(3) of Pub. L. No. 108-88 made formatting changes to paras. (4)–(5) and inserted para. (6). The amount available and period of availability were updated by sec. 9(o) of Pub. L. No. 108-202; sec. 7(o) of Pub. L. No. 108-224; sec. 7(o) of Pub. L. No. 108-263; and sec. 7(o) of Pub. L. No. 108-280. 363 Sec. 8(o)(1)-(3) of Pub. L. No. 108-310 made formatting changes to paras. (5)-(6) and inserted para. (7). The amount available and period of availability were updated by sec. 7(n) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40, and sec. 5(a)(b) of Pub. L. No. 109-42.

135 Section 3042. Utah Transportation Projects.364 (a) COORDINATION.—FTA and FHWA are directed to work with the Utah Transit Authority and the Utah Department of Transportation to coordinate the devel- opment regional commuter rail and the northern seg- ment of I-15 reconstruction located in the Wasatch Front corridor extending from Brigham City to Payson, Utah. Coordination includes integration of preliminary engineering and design, a simplified method for allocat- ing project costs among eligible FTA and FHWA fund- ing sources, and a unified accounting and audit process. (b) GOVERNMENTAL FUNDING.—For purposes of de- termining and allocating the nongovernmental and governmental share of costs, the following projects comprise a related program of projects: regional com- muter rail, the TRAX light rail system, TRAX exten- sions to the Medical Center and to the Gateway Inter- modal Center, and the northern segment of I-15 reconstruction. The governmental share of project costs appropriated from the section 5309 New Start program shall conform to the share specified in the extension or reauthorization of TEA21. *** TITLE IV—MOTOR CARRIER SAFETY *** Section 4030. School Transportation Safety. (a) STUDY.—Not later than 3 months after the date of enactment of this Act, the Secretary shall offer to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct, subject to the availability of appropriations, a study of the safety issues attendant to the transportation of school children to and from school and school-related activities by various transportation modes. (b) TERMS OF AGREEMENT.—The agreement under subsection (a) shall provide that— (1) the Transportation Research Board, in con- ducting the study, shall consider— (A) in consultation with the National Trans- portation Safety Board, the Bureau of Trans- portation Statistics, and other relevant enti- ties, available crash injury data; (B) vehicle design and driver training re- quirements, routing, and operational factors that affect safety; and 364 Sec. 171 of the Department of Transportation and Re- lated Agencies Appropriations Act, 2004 (div. F of Pub. L. No. 108-99) inserted this section. The introductory language stated: “After the last section of the Federal Transit Act, 49 U.S.C. chapter 53, add the following section:”. Sec. 173 of Pub. L. No. 108-447 directed the FTA to comply with this section as well as the associated Committee report language contained in H.R. REP. NO. 108–401, accompanying H.R. REP. NO. 2673, at 997–98. (C) other factors that the Secretary considers to be appropriate; (2) if the data referred to in paragraph (1)(A) is unavailable or insufficient, the Transportation Re- search Board shall recommend a new data collec- tion regimen and implementation guidelines; and (3) a panel shall conduct the study and shall in- clude— (A) representatives of— (i) highway safety organizations; (ii) school transportation; (iii) mass transportation operators; (iv) employee organizations; and (v) bicycling organizations; (B) academic and policy analysts; and (C) other interested parties. (c) REPORT.—Not later than 12 months after the Sec- retary enters into an agreement under subsection (a), the Secretary shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives a report that con- tains the results of the study. (d) AUTHORIZATION.—There are authorized to be ap- propriated to the Department of Transportation to carry out this section $200,000 for fiscal year 2000 and $200,000 for fiscal year 2001. Such sums shall remain available until expended. *** TITLE V—TRANSPORTATION RESEARCH Subtitle C—Intelligent Transportation Systems *** Section 5205. National ITS Program Plan. (a) IN GENERAL.— (1) UPDATES.—The Secretary shall maintain and update, as necessary, the National ITS Program Plan developed by the Department of Transporta- tion and the Intelligent Transportation Society of America. (2) SCOPE.—The National ITS Program Plan shall— (A) specify the goals, objectives, and mile- stones for the research and deployment of in- telligent transportation systems in the context of major metropolitan areas, smaller metropoli- tan and rural areas, and commercial vehicle operations; (B) specify how specific programs and pro- jects will achieve the goals, objectives, and milestones referred to in subparagraph (A), in- cluding consideration of the 5- and 10-year timeframes for the goals and objectives; (C) identify activities that provide for the

136 dynamic development of standards and proto- cols to promote and ensure interoperability in the implementation of intelligent transporta- tion system technologies, including actions taken to establish critical standards; and (D) establish a cooperative process with State and local governments for determining desired surface transportation system per- formance levels and developing plans for incor- poration of specific intelligent transportation system capabilities into surface transportation systems. (b) REPORTING.—The plan described in subsection (a) shall be transmitted and updated as part of the Surface Transportation Research and Development Strategic Plan developed under section 508 of title 23, United States Code. *** Section 5207. Research and Development. (a) IN GENERAL.—The Secretary shall carry out a comprehensive program of intelligent transportation system research, development and operational tests of intelligent vehicles and intelligent infrastructure sys- tems, and other similar activities that are necessary to carry out this subtitle. (b) PRIORITY AREAS.—Under the program, the Secre- tary shall give higher priority to funding projects that— (1) address traffic management, incident man- agement, transit management, toll collection, trav- eler information, or highway operations systems; (2) focus on crash-avoidance and integration of in-vehicle crash protection technologies with other on-board safety systems, including the interaction of air bags and safety belts; (3) incorporate human factors research, including the science of the driving process; (4) facilitate the integration of intelligent infra- structure, vehicle, and control technologies, includ- ing magnetic guidance control systems or other ma- terials or magnetics research; or (5) incorporate research on the impact of envi- ronmental, weather, and natural conditions on in- telligent transportation systems, including the ef- fects of cold climates. (c) OPERATIONAL TESTS.—Operational tests conducted under this section shall be designed for the collection of data to permit objective evaluation of the results of the tests, derivation of cost-benefit information that is use- ful to others contemplating deployment of similar sys- tems, and development and implementation of stan- dards. (d) FEDERAL SHARE.—The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not exceed 80 percent. SURFACE TRANSPORTATION EXTENSION ACT OF 1997365 (PUBLIC LAW 105-130, DECEMBER 1, 1977) Section 1. Short Title. This Act may be cited as the “Surface Transportation Extension Act of 1997”. *** NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995 (PUBLIC LAW 104-59, NOVEMBER 28, 1995) *** Section 350. State Infrastructure Bank Pilot Pro- gram. (a) IN GENERAL.— (1) COOPERATIVE AGREEMENTS.—Subject to the provisions of this section, the Secretary may enter into cooperative agreements with not to exceed 10 States for the establishment of State infrastruc- ture banks and multistate infrastructure banks for making loans and providing other assistance to public and private entities carrying out or propos- ing to carry out projects eligible for assistance un- der this section. (2) INTERSTATE COMPACTS.—Congress grants con- sent to 2 or more of the States, entering into a co- operative agreement under paragraph (1) with the Secretary for the establishment of a multistate in- frastructure bank, to enter into an interstate com- pact establishing such bank in accordance with this section. (b) FUNDING.— (1) SEPARATE ACCOUNTS.—An infrastructure bank established under this section shall maintain a separate highway account for Federal funds con- tributed to the bank under paragraph (2) and a separate transit account for Federal funds contrib- uted to the bank under paragraph (3). No Federal funds contributed or credited to an account of an infrastructure bank established under this section may be commingled with Federal funds contributed or credited to any other account of such bank. * * * (3) TRANSIT ACCOUNT.—Notwithstanding any other provision of law, the Secretary may allow, subject to subsection (g)(1), a State entering into a 365 Sec. 8 of this Act extended the Federal Transit Programs by amending Pub. L. No. 102-240, infra this part. Sec. 9 ex- tended the trust fund by amending 26 U.S.C. 9503, effective Oct. 1, 1997.

137 cooperative agreement under this section, and any other Federal transit grant recipient, to contribute not to exceed 10 percent of the funds made avail- able to the State or other Federal transit grant re- cipient in each of fiscal years 1996 and 1997 for capital projects under sections 5307, 5309, and 5311 of title 49, United States Code, into the tran- sit account of the infrastructure bank established by the State. Federal funds contributed to such ac- count under this paragraph shall constitute for purposes of this section a capitalization grant for the transit account of the infrastructure bank. (4) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.—Funds that are apportioned or allocated to a State under section 104(b)(3) or 160 of title 23, United States Code, or under section 1013(c) or 1015 of the Intermodal Surface Transportation Ef- ficiency Act of 1991 and attributed to urbanized ar- eas of a State with an urbanized population of over 200,000 under section 133(d)(3) of such title may be used to provide assistance with respect to a project only if the metropolitan planning organization des- ignated for such area concurs, in writing, with the provision of such assistance. (c) FORMS OF ASSISTANCE FROM INFRASTRUCTURE BANKS.—An infrastructure bank established under this section may make loans or provide other assistance to a public or private entity in an amount equal to all or part of the cost of carrying out a project eligible for as- sistance under this section. The amount of any loan or other assistance provided for such project may be sub- ordinated to any other debt financing for the project. Initial assistance provided with respect to a project from Federal funds contributed to an infrastructure bank under this section may not be made in the form of a grant. (d) QUALIFYING PROJECTS.—Federal funds in the highway account of an infrastructure bank established under this section may be used only to provide assis- tance with respect to construction of Federal-aid high- ways. Federal funds in the transit account of such bank may be used only to provide assistance with respect to capital projects. (e) INFRASTRUCTURE BANK REQUIREMENTS.—In order to establish an infrastructure bank under this section, each State establishing the bank shall— (1) contribute, at a minimum, in each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitali- zation grant made to the State and contributed to the bank; except that if the contribution is into the highway account of the bank and the State has a lower non- Federal share under section 120(b) of ti- tle 23, United States Code, such percentage shall be adjusted by the Secretary to correspond with such lower non-Federal share; (2) ensure that the bank maintains on a continu- ing basis an investment grade rating on its debt is- suances or has a sufficient level of bond or debt fi- nancing instrument insurance to maintain the viability of the bank; (3) ensure that investment income generated by funds contributed to an account of the bank will be— (A) credited to the account; (B) available for use in providing loans and other assistance to projects eligible for assis- tance from the account; and (C) invested in United States Treasury secu- rities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of pro- jects assisted by the bank; (4) provide that the repayment of a loan or other assistance from an account of the bank under this section shall be consistent with the repayment pro- visions of section 129(a)(7) of title 23, United States Code, except to the extent the Secretary determines that such provisions are not consistent with this section; (5) ensure that any loan from the bank will bear interest at or below market interest rates, as de- termined by the State, to make the project that is the subject of the loan feasible; (6) ensure that repayment of any loan from the bank will commence not later than 5 years after the project has been completed or, in the case of a highway project, the facility has opened to traffic, whichever is later; (7) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan under paragraph (6); and (8) require the bank to make an annual report to the Secretary on its status no later than September 30, 1996, and September 30, 1997, and to make such other reports as the Secretary may require by guidelines. (f) LIMITATION ON REPAYMENTS.—Notwithstanding any other provision of law, the repayment of a loan or other assistance provided from an infrastructure bank under this section may not be credited towards the non- Federal share of the cost of any project. (g) SECRETARIAL REQUIREMENTS.—In administering this section, the Secretary shall— (1) ensure that Federal disbursements shall be at a rate consistent with historic rates for the Federal- aid highway program and the Federal transit pro- gram, respectively; (2) issue guidelines to ensure that all require- ments of title 23, United States Code, or title 49, United States Code, that would otherwise apply to funds made available under such title and projects assisted with such funds apply to— (A) funds made available under such title and contributed to an infrastructure bank es- tablished under this section; and (B) projects assisted by the bank through the use of such funds; except to the extent that the Secretary determines that any requirement of such title is not consistent with

138 the objectives of this section; and (3) specify procedures and guidelines for estab- lishing, operating, and providing assistance from the bank. (h) UNITED STATES NOT OBLIGATED.—The contribution of Federal funds into an infrastructure bank estab- lished under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any secu- rity or debt financing instrument issued by the infra- structure bank shall expressly state that the security or instrument does not constitute a commitment, guaran- tee, or obligation of the United States. (i) MANAGEMENT OF FEDERAL FUNDS.—Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. (j) PROGRAM ADMINISTRATION.—For each of fiscal years 1996 and 1997, a State may expend not to exceed 2 percent of the Federal funds contributed to an infra- structure bank established by the State under this sec- tion to pay the reasonable costs of administering the bank. (k) SECRETARIAL REVIEW.—The Secretary shall review the financial condition of each infrastructure bank es- tablished under this section and transmit to Congress a report on the results of such review not later than March 1, 1997. In addition, the report shall contain— (1) an evaluation of the pilot program conducted under this section and the ability of such program to increase public investment and attract non- Federal capital; and (2) recommendations of the Secretary as to whether the program should be expanded or made a part of the Federal-aid highway and transit pro- grams. (l) DEFINITIONS.—In this section, the following defini- tions apply: (1) CAPITAL PROJECT.—The term “capital project” has the meaning such term has under section 5302 of title 49, United States Code. (2) CONSTRUCTION; FEDERAL-AID HIGHWAY.—The terms “construction” and “Federal-aid highway” have the meanings such terms have under section 101 of title 23, United States Code. (3) OTHER ASSISTANCE.—The term “other assis- tance” includes any use of funds in an infrastruc- ture bank— (A) to provide credit enhancements; (B) to serve as a capital reserve for bond or debt instrument financing; (C) to subsidize interest rates; (D) to ensure the issuance of letters of credit and credit instruments; (E) to finance purchase and lease agreements with respect to transit projects; (F) to provide bond or debt financing instru- ment security; and (G) to provide other forms of debt financing and methods of leveraging funds that are ap- proved by the Secretary and that relate to the project with respect to which such assistance is being provided. (4) STATE.—The term “State” has the meaning such term has under section 101 of title 23, United States Code. INTERMODAL SURFACE TRANSPORTATION AND EFFICIENCY ACT OF 1991 (PUBLIC LAW 102-240, DECEMBER 18, 1991) Section 1. Short Title. This Act may be cited as the “Intermodal Surface Transportation Efficiency Act of 1991”. Section 2. Declaration of Policy: Intermodal Sur- face Transportation Efficiency Act. It is the policy of the United States to develop a Na- tional Intermodal Transportation System that is eco- nomically efficient and environmentally sound, provides the foundation for the Nation to compete in the global economy, and will move people and goods in any energy efficient manner. The National Intermodal Transportation System shall consist of all forms of transportation in a unified, interconnected manner, including the transportation systems of the future, to reduce energy consumption and air pollution while promoting economic develop- ment and supporting the Nation's preeminent position in international commerce. The National Intermodal Transportation System shall include a National Highway System which con- sists of the National System of Interstate and Defense Highways and those principal arterial roads which are essential for interstate and regional commerce and travel, national defense, intermodal transfer facilities, and international commerce and border crossings. The National Intermodal Transportation System shall include significant improvements in public trans- portation necessary to achieve national goals for im- proved air quality, energy conservation, international competitiveness, and mobility for elderly persons, per- sons with disabilities, and economically disadvantaged persons in urban and rural areas of the country. The National Intermodal Transportation System shall provide improved access to ports and airports, the Nation's link to world commerce. The National Intermodal Transportation System shall give special emphasis to the contributions of the transportation sectors to increased productivity growth. Social benefits must be considered with particular at- tention to the external benefits of reduced air pollution, reduced traffic congestion and other aspects of the qual- ity of life in the United States. The National Intermodal Transportation System must be operated and maintained with insistent atten- tion to the concepts of innovation, competition, energy efficiency, productivity, growth, and accountability.

139 Practices that resulted in the lengthy and overly costly construction of the Interstate and Defense Highway System must be confronted and ceased. The National Intermodal Transportation System shall be adapted to "intelligent vehicles," "magnetic levitation systems," and other new technologies wher- ever feasible and economical, with benefit cost esti- mates given special emphasis concerning safety consid- erations and techniques for cost allocation. The National Intermodal Transportation System, where appropriate, will be financed, as regards Federal apportionments and reimbursements, by the Highway Trust Fund. Financial assistance will be provided to State and local governments and their instrumentali- ties to help implement national goals relating to mobil- ity for elderly persons, persons with disabilities, and economically disadvantaged persons. The National Intermodal Transportation System must be the centerpiece of a national investment com- mitment to create the new wealth of the Nation for the 21st century. The Secretary shall distribute copies of this Declara- tion of Policy to each employee of the Department of Transportation and shall ensure that such Declaration of Policy is posted in all offices of the Department of Transportation. Section 3. Secretary Defined. As used in this Act, the term “Secretary” means the Secretary of Transportation. *** Section 1003. Authorization of Appropriations. * * * (b) DISADVANTAGED BUSINESS ENTERPRISES.— (1) GENERAL RULE.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts authorized to be appropri- ated under titles I (other than part B), III, V, and VI of this Act shall be expended with small busi- ness concerns owned and controlled by socially and economically disadvantaged individuals. (2) DEFINITIONS.—For purposes of this subsec- tion, the following definitions apply: (A) SMALL BUSINESS CONCERN.—The term "small business concern" has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632); except that such term shall not include any concern or group of concerns controlled by the same socially and economi- cally disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $15,370,000, as adjusted by the Secretary for inflation. (B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term "so- cially and economically disadvantaged indi- viduals" has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; ex- cept that women shall be presumed to be so- cially and economically disadvantaged indi- viduals for purposes of this subsection. (3) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.—Each State shall annually survey and compile a list of the small business concerns re- ferred to in paragraph (1) and the location of such concerns in the State and notify the Secretary in writing, of the percentage of such concerns which are controlled by women, by socially and economi- cally disadvantaged individuals (other than women), and by individuals who are women and are also otherwise socially and economically disad- vantaged individuals. (4) UNIFORM CERTIFICATION.—The Secretary shall establish minimum uniform criteria for State gov- ernments to use in certifying whether a concern qualifies for purposes of this subsection. Such minimum uniform criteria shall include but not be limited to on-site visits, personal interviews, li- censes, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, finan- cial capacity, and type of work preferred. * * * Section 1045. Substitute Project. (a) APPROVAL OF PROJECT.— (1)366 Notwithstanding any other provision of law, upon the request of the Governor of the State of Wisconsin, submitted after consultation with ap- propriate local government officials, the Secretary may approve substitute highway, bus transit, and light rail transit projects, in lieu of construction of the I–94 East-West Transitway project in Milwau- kee and Waukesha Counties, as identified in the 1991 Interstate Cost Estimate. (2)367(A) For six months after the date of enact- ment of this paragraph, the provisions set forth in 366 Sec. 1211(1) of Pub. L. No. 102-240 redesignated subsec- tion (a) as paragraph (1) and inserted a paragraph (2): Notwithstanding paragraph (1) and subsection (c) of this sec- tion, upon the request of the Governor of the State of Wisconsin, submitted by October 1, 2000, the Secretary shall approve one or more substitute projects in lieu of the substitute project ap- proved by the Secretary under paragraph (1) and subsection (c) of this section. 367 Sec. 373 of Pub. L. No. 105-277 amended this paragraph by striking the para. (a)(2) as amended by Pub. L. No. 102-240 and inserting (a)(2)(A)–(C):

140 paragraph (2)(B) shall apply to all of the funds identified in this section. After such time, the pro- visions set forth in paragraph (2)(B) shall apply to fifty percent of the funds identified in this section, and the provisions of paragraph (2)(C) shall apply to fifty percent of the funds identified in this sec- tion. (B) Notwithstanding paragraph (1) and sub- section (c) of this section, upon the request of the Governor of the State of Wisconsin, after consultation with appropriate local government officials, submitted by October 1, 2000, the Secretary may approve one or more substitute projects in lieu of the substitute project ap- proved by the Secretary under paragraph (1) and subsection (c) of this section. (C) Notwithstanding paragraph (1) and sub- section (c) of this section, upon the request of the Governor of the State of Wisconsin, submit- ted by October 1, 2000, the Secretary shall ap- prove one or more substitute projects in lieu of the substitute project approved by the Secre- tary under paragraph (1) and subsection (c) of this section. (b) ELIGIBILITY FOR FEDERAL ASSISTANCE.368— (1) GENERAL RULE.—Upon approval of any substi- tute project or projects under subsection (a)— (A) the costs of construction of the eligible transitway project for which such project or projects are substituted shall not be eligible for funds authorized under section 108(b) of the Federal-Aid Highway Act of 1956; and (B) a sum equal to the amount that would have been apportioned to the State of Wiscon- sin on October 1, 1994, under section 104(b)(5)(A) of title 23, United States Code, if the Secretary had not approved such project or projects shall be available to the Secretary from the Highway Trust Fund to incur obliga- tions for the Federal share of the costs of such substitute project or projects. Notwithstanding paragraph (1) and subsection (c) of this sec- tion, upon the request of the Governor of the State of Wisconsin, submitted by October 1, 2000, the Secretary shall approve one or more substitute projects in lieu of the substitute project ap- proved by the Secretary under paragraph (1) and subsection (c) of this section. 368 Sec. 335(a) of Pub. L. No. 103-331 amended the original text of subsec. (b): Upon approval of any substitute highway or transit project or projects under subsection (a), the costs of construction of the eli- gible transitway project for which such project or projects are substituted shall not be eligible for funds authorized under sec- tion 108(b) of the Federal-Aid Highway Act of 1956 and a sum equal to the Federal share of such costs, as included in the latest interstate cost estimate submitted to Congress, shall be avail- able to the Secretary to incur obligations under section 103(e)(4) of title 23, United States Code, for the Federal share of the costs of such substitute project or projects. to read as set forth above. (2) AVAILABILITY.—Amounts made available un- der paragraph (1)(B) shall be available for obliga- tion on and after October 1, 1994. Amounts made available under paragraph (1)(B) shall remain available until expended and shall be subject to any limitation on obligations for Federal-aid highways established by law. (3) APPLICABILITY OF TITLE 23 U.S.C.—Amounts made available under paragraph (1)(B) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of ti- tle 23, United States Code; except that the Federal share of the cost of any project carried out with such funds shall be determined in accordance with section 103(e)(4)(D) of such title. (c) LIMITATION ON ELIGIBILITY.—If, by October 1, 1993, or two years after the date of the enactment of this Act, whichever is later, the Governor of the State of Wiscon- sin has not submitted a request for a substitute project or projects in lieu of the I-94 East-West Transitway, the Secretary shall not approve such substitution. If, by October 1, 1995, or four years after the date of the en- actment of this Act, whichever is later, such substitute project or projects are not under construction, or under contract for construction, no funds shall be appropri- ated under section 21(a)(2) of the Federal Transit Act,369 for such project or projects. For the purposes of this subsection, the term ‘construction’ has the same mean- ing as given to it in section 101, title 23, United States Code, and shall include activities such as preliminary engineering and right-of-way acquisition. (d) ADMINISTRATIVE PROVISIONS.— (1) STATUS OF SUBSTITUTE PROJECT OR PROJECTS.— Any substitute project approved under subsection (a) shall be deemed to be a substitute transit pro- ject .370 (2) REDUCTION OF UNOBLIGATED INTERSTATE APPORTIONMENT.—Unobligated apportionments for the Interstate System in the State of Wisconsin shall, on the date of approval of any substitute pro- ject or projects under subsection (a), be applied to- ward the Federal share of the costs of such substi- tute project or projects. (3)371 FISCAL YEARS 1993 AND 1994 APPORTIONMENTS.—For the purpose of apportioning funds for fiscal years 1993 and 1994 under section 104(b)(5)(A), the Secretary shall consider Wisconsin 369 Sec. 335(b)(1) of Pub. L. No. 103-331 amended this sub- section by striking “the authority of section 103(e)(4) of title 23, United States Code,” and inserting “section 21(a)(2) of the Fed- eral Transit Act”. 370 Sec. 335(b)(2) of Pub. L. No. 103-331 amended this para- graph by striking “project for the purposes of section 103(e)(4) of title 23, United States Code (other than subparagraphs (C) and (O))” and inserting “transit project”. 371 This was originally para. (4). Sec. 335(b)(3) of Pub. L. No. 103-331 amended this paragraph by striking para. (3) (“ADMINISTRATION THROUGH FHWA—The Secretary shall administer this section through the Federal Highway Administration.”) and by redesignating para. (4) as para. (3).

141 as having no remaining eligible costs. For the pur- pose of apportioning funds under section 104(b)(5)(A) of title 23, United States Code, for fis- cal year 1995 and subsequent fiscal years, Wiscon- sin's actual remaining eligible costs shall be used. (e) TRANSFER OF APPORTIONMENTS.—Wisconsin may transfer Interstate construction apportionments to its National Highway System in amounts equal to or less than the costs for additional work on sections of the Interstate System that have been built with Interstate construction funds and that are open to traffic as shown in the 1991 Interstate Cost Estimate. * * * Section 1054. Temporary Matching Fund Waiver. (a) WAIVER OF MATCHING SHARE.—Notwithstanding any other provision of law, the Federal share of any qualifying project approved by the Secretary under title 23, United States Code, and of any qualifying project for which the United States becomes obligated to pay under title 23, United States Code, during the period begin- ning on October 1, 1991, and ending September 30, 1993, shall be the percentage of the construction cost as the State requests, up to and including 100 percent. (b) REPAYMENT.—The total amount of increases in the Federal share made pursuant to subsection(a) for any State shall be repaid to the United States by the State on or before March 30, 1994. Payments shall be depos- ited in the Highway Trust Fund and repaid amounts shall be credited to the appropriate apportionment ac- counts of the State. (c) DEDUCTION FROM APPORTIONMENTS.—If a State has not made the repayment as required by subsection (b), the secretary shall deduct from funds apportioned to the State under title 23, United States Code, in each of the fiscal years 1995 and 1996, a pro rata share of each category of apportioned funds. The amount which shall be deducted in each fiscal year shall be equal to 50 percent of the amount needed for repayment. Any amount deducted under this subsection shall be reap- portioned for fiscal years 1995 and 1996 in accordance with title 23, United States Code, to those States which have not received a higher Federal share under this section and to those States which have made the re- payment required by subsection (b). (d) QUALIFYING PROJECT DEFINED.—For purposes of this section, the term "qualifying project" means a pro- ject approved by the Secretary after the effective date of this title, or a project for which the United States be- comes obligated to pay after such effective date, and for which the Governor of the State submitting the project has certified in accordance with regulations established by the Secretary, that sufficient funds are not available to pay the cost of the non-Federal share of the project. * * * TITLE III—FEDERAL TRANSIT ACT AMENDMENTS OF 1991372 * * * Section 3031. New Jersey Urban Core Project. (a) CONTRACTUAL COMMITMENTS.— (1) FULL FUNDING GRANT AGREEMENT.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall negotiate and enter into a full funding grant agreement under section 3 of the Federal Transit Act for those elements of the New Jersey Urban Core Project which can be fully funded in fiscal years 1992 through 1997. Such grant agreement shall not preclude the allocation of Federal funds for those elements of the project not covered under such grant agreement. (2) PAYMENT.—The grant agreement under para- graph (1) shall provide that the Federal share of the cost of the New Jersey Urban Core Project shall be paid by the Secretary from amounts provided under section 3 of the Federal Transit Act as fol- lows: (A) Not less than $95,900,000 for fiscal year 1992. (B) Not less than $71,700,000 for fiscal year 1993. (C) Not less than $64,800,000 for fiscal year 1994. (D) Not less than $146,000,000 for fiscal year 1995. (E) Not less than a total of $256,000,000 for fiscal years 1996 and 1997. Nothing in this section shall be construed as pre- cluding other Federal funds from being committed to the project. (3)373 ALLOCATIONS.— (A) RAIL CONNECTION BETWEEN PENN STATION NEWARK AND BROAD STREET STATION, NEWARK.—Of the amounts made available for the New Jersey Urban Core Project under sec- tion 5309(m)(1)(B) of title 49, United States Code, for fiscal years 1998 through 2004, and for the period of October 1, 2004, through July 30, 2005,374 the Secretary shall set aside 10 372 The primary provisions of tit. III of ISTEA amended the Federal Transit Act. Those changes have been incorporated into the text in part I. The sections that follow are provisions that did not amend the Federal Transit Act or other Acts as set out in this part. 373 This paragraph was added by § 3030(e)(1) of the Trans- portation Equity Act for the 21st Century (TEA-21). 374 Sec. 8(s) of Pub. L. No. 108-88 inserted “and for the pe- riod of October 1, 2003, through February 29, 2004,” here and in subparas. (B) and (C). The period of availability was ex- tended by sec. 9(s) of Pub. L. No. 108-202; and sec. 7(s) of Pub. L. Nos. 108-224 and 108-263. Sec. 7(s) of Pub. L. No. 108-280 struck “2003, and for the period of October 1, 2003, through July 31,” here and in subparas. (B) and (C). Sec. 8(s) of Pub. L.

142 percent, but not more than $5,000,000, per fis- cal year for preliminary engineering, design, and construction of the rail connection between Penn Station, Newark, and Broad Street Sta- tion, Newark. (B) NEWARK-NEWARK INTERNATIONAL AIRPORT-ELIZABETH TRANSIT LINK.—Of the amounts made available for the New Jersey Urban Core Project under section 5309(m)(1)(B) of title 49, United States Code, for fiscal years 1998 through 2004, and for the period of October 1, 2004, through July 30, 2005, the Secretary, after making the set aside under subparagraph (A), shall set aside 10 per- cent, but not more than $5,000,000 per fiscal year for preliminary engineering, design, and construction of the Newark-Newark Interna- tional Airport-Elizabeth Transit Link, includ- ing construction of the auxiliary New Jersey Transit station, described in subsection (d). (C) LIGHT RAIL CONNECTION AND ALIGNMENT WITHIN AND SERVING THE CITY OF ELIZABETH.— Of the amounts made available for the New Jersey Urban Core Project under section 5309(m)(1)(B) of title 49, United States Code, for fiscal years 1998 through 2004, and for the period of October 1, 2004, through July 30, 2005, the Secretary, after making the set-aside under subparagraphs (A) and (B), shall set aside 10 percent but not more than $5,000,000 per fiscal year for preliminary engineering, de- sign, and construction of the light rail connec- tion and alignment within and serving the city of Elizabeth as described in subsection (d). (b) NON-FEDERAL SHARE.—Notwithstanding any other provision of law, for the purpose of calculating non- Federal contributions to the net cost of New Jersey Ur- ban Core Project, the Secretary shall include all non- Federal contributions made on or after January 1, 1987, for construction of any element of the project. Non- Federal funds committed to one element of the project may be used to meet the non-Federal share require- ment for any other element of the project. (c) EXEMPTION FROM CERTAIN REQUIREMENTS.—The requirements contained in section 5309(e) of title 49, United States Code, shall not apply with respect to the New Jersey Urban Core Project. No element of the pro- ject shall be subject to the major capital investment policy of the Federal Transit Administration.375 No. 108-310 inserted “and for the period of October 1, 2004, through May 31, 2005,” here and in subparas. (B) and (C). The period of availability was extended by sec. 7(r) of Pub. L. Nos. 109-14, 109-20, 109-35, 109-37, and 109-40. 375 Sec. 3030(e)(2) of TEA-21 amended this section by strik- ing “section 3(i) of the Federal Transit Act (relating to criteria for new starts)” and inserting “section 5309(e) of title 49, United States Code,” and by striking “; except” and all that follows through “such element”. (d)376 ELEMENTS OF URBAN CORE PROJECT.—For the purposes of this section, the New Jersey Urban Core Project consists of the following elements: Secaucus Transfer (including relocation and construction of the Bergen County and Pascack Valley Rail Lines and the relocation of the Main/Bergen Connection with con- struction of a rail station and to and at the contiguous New Jersey Meadowlands Sports Complex), including a connection to the Hudson River Waterfront Transporta- tion System, the Lackawanna Cutoff,377 Kearny Connec- tion, Waterfront Connection, Northeast Corridor Signal System, Hudson River Waterfront Transportation Sys- tem (including a connection from the Vince Lombardi Station to Saddlebrook and Edgewater), restoration of commuter rail service along the Northern Branch Line or the West Shore Line, Newark-Newark International Airport-Elizabeth Transit Link (including construction of an auxiliary New Jersey Light Rail Transit station, providing access from the Newark-Newark Interna- tional Airport-Elizabeth Light Rail Transit Link to the Newark International Airport), a rail connection be- tween Penn Station Newark and Broad Street Station, Newark, New York Penn Station Concourse, the resto- ration of commuter rail service from Lakehurst to the Northeast Corridor or the New Jersey Coast Line,378 a light rail extension of the Newark-Newark Interna- tional Airport-Elizabeth Light Rail Transit Link from Elizabeth, New Jersey, to the towns of Cranford, West- field, Fanwood, and Plainfield in Union County, New Jersey, and any appropriate light rail connections and alignments within the city of Elizabeth to be deter- mined by the city of Elizabeth and the New Jersey De- partment of Transportation (and which shall include connecting midtown Elizabeth to Route 1 Park and Ride, the Elizabeth Car House Museum, Division Street, Singer Place, Ferry Terminal, Jersey Gardens Mall, Elizabeth Port to Lot D at Newark Airport) and any appropriate fixed guideway system in Passaic County, and the equipment needed to operate revenue service associated with improvements made by the pro- 376 Sec. 3030(e)(3) of TEA-21 amended this section by insert- ing “(including relocation…Sports Complex)” after “Secaucus Transfer”; by striking “, Newark-Newark International Air- port-Elizabeth Transit Link” and inserting “(including a con- nection…to the Newark International Airport)”; by inserting “the restoration of commuter rail service…fixed guideway sys- tem in Passaic County,” after “New York Penn Station Con- course,”; by striking “of the West Shore Line” and inserting ‘‘or the West Shore Line’’; and by striking ‘‘directly connected to’’ and all that follows through ‘‘Newark International Airport’’ the first place it appears. 377 Sec. 3043(f)(1) of 109-59 struck “associated components to and at the contiguous New Jersey Meadowlands Sports Com- plex),” and inserted “to and at the contiguous…the Lacka- wanna Cutoff,”. 378 Sec. 3043(f)(2) of 109-59 struck “in Lakewood to Freehold to Matawan or Jamesburg, New Jersey, as described in section 3035(p) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2131)” and inserted “from Lakehurst to the Northeast Corridor or the New Jersey Coast Line”.

143 ject. The project includes elements advanced with 100 percent non-Federal funds. Section 3032. Multiyear Funding for San Fran- cisco Bay Area Rail Extension Program. (a) DRAFT ENVIRONMENTAL IMPACT STATEMENT.— (1) COMPLETION DEADLINE.—Not later than 60 days after the date of the enactment of this Act and in accordance with the National Environmental Policy Act of 1969, the Secretary shall complete a draft environmental impact statement for an ex- tension of the San Francisco Bay Area Rapid Tran- sit District (hereinafter in this section referred to as "BART") to the San Francisco International Air- port. (2) NOTICE OF AVAILABILITY AND REPORTING.—The Secretary shall publish a notice of availability of the draft environmental impact statement for pub- lic review. If the Secretary has not published such notice on or before the 60th day following the date of the enactment of this Act, the Secretary shall re- port to Congress on the status of the completion of such draft environmental impact statement. The Secretary shall continue to report to such commit- tees every 30 days on the status of the completion of the draft environmental impact statement, in- cluding any proposed revisions to the statement or to the work plan, until a notice of availability of such document is published in the Federal Regis- ter. (b) PRELIMINARY ENGINEERING GRANT.— (1) TO BART.—Not later than 30 days after the date of submittal of a locally preferred alternatives report and notwithstanding any other provision of law, the Secretary shall make a grant to BART to conduct preliminary engineering and to complete an environmental impact statement on the locally preferred alternative for the extension of BART to the San Francisco International Airport. The amount of such grant shall be 75 percent of pre- liminary engineering costs, unless the matching percentage is increased by a modification to Metro- politan Transportation Commission Resolution No. 1876 in a manner that would allow such Federal share to be increased to 80 percent. (2) TO SANTA CLARA COUNTY.—Not later than 30 days after the date of the enactment of this Act and notwithstanding any other provision of the law, the Secretary shall make a grant to the Santa Clara County Transit District (hereinafter in this section referred to as "SCCTD") to conduct preliminary en- gineering and to complete an environmental impact statement in accordance with the National Envi- ronmental Policy Act of 1969 on the locally pre- ferred alternative for the Tasman Corridor Project. The amount of such grant shall be $12,750,000; ex- cept that the Federal share for all project costs may not exceed 50 percent, unless the matching per- centage is increased by a modification to Metropoli- tan Transportation Commission Resolution No. 1876 in a manner that would allow such Federal share to be increased to 80 percent. Local funds ex- pended on the Tasman Corridor Project after the locally preferred alternative was approved by the Metropolitan Transportation Commission on July 31, 1991, shall be considered eligible project costs under the Federal Transit Act. (c) CONTRACTUAL COMMITMENTS.— (1) APPROVAL OF CONSTRUCTION.— Notwithstanding any other provision of law, the Secretary shall approve the construction of the lo- cally preferred alternative for the BART San Fran- cisco International Airport Extension (Phase 1a to Colma and Phase 1b to San Francisco Airport) and the Tasman Corridor Project according to the fol- lowing schedule; provided that the Secretary does not grant approval under subparagraphs (A), (B), and (C) before the 30th day after completion of the environmental impact statement: (A) Not later than 90 days after the date of the enactment of this Act, the Secretary shall approve such construction for BART Phase 1a to Colma. (B) Not later than 90 days after the date of the completion of preliminary engineering, the Secretary shall approve such construction for BART Phase 1b to San Francisco International Airport. (C) Not later than 90 days after the date of the completion by SCCTD of preliminary engi- neering, the Secretary shall approve such con- struction for the Tasman Corridor Project. (2) EXECUTION OF CONTRACT.—Upon approving construction under paragraph (1), the Secretary shall execute a multiyear grant agreement with BART to permit the expenditure of funds for the construction of the BART San Francisco Interna- tional Airport Extension (Phase 1a and Phase 1b) and with SCCTD for the construction of the Tas- man Corridor Project. (d) FEDERAL SHARE.— (1) BART EXTENSION.—The grant agreement un- der subsection (c)(2) shall provide that the Federal share of the project cost for the locally preferred al- ternative for the BART San Francisco International Airport Extension (Phase 1a and Phase 1b) shall be 75 percent, unless the matching percentage is in- creased by a modification to Metropolitan Trans- portation Commission Resolution No. 1876 in a manner that would allow such Federal share to be increased to 80 percent. (2) TASMAN CORRIDOR PROJECT.—The grant agreement under subsection (c)(2) shall provide that the Federal share of the project cost for the lo- cally preferred alternative for the Tasman Corridor Project, including costs for preliminary engineer- ing, shall be 50 percent, unless that matching per- centage is increased by a modification to Metropoli- tan Transportation Commission Resolution No.

144 1876 in a manner that would allow such Federal share to be increased to 80 percent. (e) PAYMENT.—The grant agreement under subsection (c)(2) shall provide that the Federal share of the cost of the projects shall be paid by the Secretary from amounts provided under section 3 of the Federal Tran- sit Act for construction of new fixed guideway systems and extensions to fixed guideway systems, as follows: (1) Not less than $28,500,000 for fiscal year 1990. (2) Not less than $40,000,000 for fiscal year 1991. (3) Not less than $100,000,000 for each of fiscal years 1992 through 1995. (4) Not less than $100,000,000 for fiscal years 1996 and 1997. Apportionment of payments between BART and SCCTD shall be consistent with the Metropolitan Transportation Commission Resolution No. 1876. (f) ADVANCE CONSTRUCTION.—The grant agreements under subsection (c)(2) shall provide that the Secretary shall reimburse BART and SCCTD from any amounts provided under section 3 of the Federal Transit Act for fiscal years 1992 through 1997 for the Federal share of the net project costs incurred by BART and SCCTD under subsections (c)(1) and (c)(2), including the amount of any interest earned and payable on bonds as provided in section 3(l)(2) of the Federal Transit Act, as follows: (1) Not later than September 30, 1994, the Secre- tary shall reimburse BART and SCCTD a total of $368,500,000 (plus such interest), less amounts provided under subsection (e) for fiscal years 1992 through 1994. (2) Not later than September 30, 1997, the Secre- tary shall reimburse BART and SCCTD a total of $568,500,000 (plus such interest), less amounts provided under subsection (e) for fiscal years 1992 through 1997. (g) FULL FUNDING GRANT AGREEMENTS.— (1) SCHEDULE .—Notwithstanding any other pro- vision of law, the Secretary shall negotiate and exe- cute full funding grant agreements that are consis- tent with Metropolitan Transportation Commission Resolution No. 1876 with BART for Phase 1a to Colma and Phase 1b to the San Francisco Interna- tional Airport, and with SCCTD for the Tasman Corridor Project according to the following sched- ule: (A) Not later than 90 days after the date of completion by SCCTD of preliminary engineer- ing, the Secretary shall execute such agree- ment for the Tasman Corridor Project. (B) Upon completion by BART of 85 percent of final design, the Secretary shall execute such agreement for Phase 1a to Colma. (C) Upon completion by BART of 85 percent of final design, the Secretary shall execute such agreement for Phase 1b to the San Fran- cisco International Airport. (2) ADDITIONAL AMOUNTS.—In addition to the $568,500,000 provided under this section, the Sec- retary shall, subject to annual appropriations, issue full funding grant agreements to complete the pro- jects utilizing the full amount of the unobligated balance in the Mass Transit Account of the High- way Trust Fund. (h) ALTERNATIVES ANALYSIS.—The Secretary shall permit the Santa Clara Country Transit District, in cooperation with the Metropolitan Transportation Commission, to conduct an Alternatives Analysis to examine transit alternatives including a possible BART extension from southern Alameda County through downtown San Jose to Santa Clara, California. Section 3033. Queens Local/Express Connection. (a) FULL FUNDING GRANT AGREEMENT.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall negotiate and enter into a full fund- ing grant agreement under section 3 of the Federal Transit Act for those elements of the Queens Lo- cal/Express Connection which can be fully funded in fiscal years 1992 through 1997. Such grant agreement shall not preclude the allocation of Federal funds for those elements of the project not covered under such grant agreement. (b) PAYMENT.—The grant agreement under subsection (a) shall provide that the Federal share of the cost of the Queens Local/Express Connection shall be paid by the Secretary from amounts provided under section 3(k)(1)(B) of the Federal Transit Act as follows: (1) Not less than $11,000,000 for fiscal year 1992. (2) Not less than $18,700,000 for fiscal year 1993. (3) Not less than $77,800,000 for fiscal year 1994. (4) Not less than $76,800,000 for fiscal year 1995. (5) Not less than $121,800,000 for fiscal year 1996. Nothing in this section shall be construed as preclud- ing other Federal funds from being committed to the project. Section 3034. Multiyear Contract for Metro Rail Project. (a) SUPPLEMENTAL EIS.—Not later than April 1, 1992, and in accordance with the National Environmental Policy Act of 1969, the Secretary shall complete prepa- ration of a final supplemental environmental impact statement for Minimum Operable Segment-3 (other than the East Side Extension) and publish a notice of the completion of such statement in the Federal Regis- ter. Such statement shall reflect any alignment changes in the Los Angeles Metro Rail Project and any determi- nation of an amended locally preferred alternative for the project. In preparing such statement, the Secretary shall rely, to the maximum extent feasible, upon exist- ing environmental studies and analyses conducted with respect to the project, including the Draft Supplemental Environmental Impact Statement (dated November 1987) and the Final Supplemental Environmental Im- pact Statement (dated July 1989). (b) AMENDMENT TO CONTRACT TO INCLUDE CONSTRUCTION OF MOS-3.—

145 (1) NEGOTIATION.—Not later than April 1, 1992, the Secretary shall begin negotiation with the Commission on an amendment to the full funding contract under section 3 of the Federal Transit Act (dated April 1990) for construction of Minimum Operable Segment-2 of the Los Angeles Metro Rail Project in order to include construction of Minimum Operable Segment-3 (including the commitment described in paragraph (4) to provide Federal fund- ing for the East Side Extension) in such contract. (2) EXECUTION.—Not late than October 15, 1992, the Secretary shall— (A) complete negotiations and execute the amended contract under paragraph (1); and (B) issue a record of decision approving the construction of Minimum Operable Segment-3 (other than the East Side Extension). (3) PAYMENT OF FEDERAL SHARE.— (A) FEDERAL SHARE.—The amended contract under paragraph (1) shall provide that the Federal share of the cost of construction of Minimum Operable Segment-3 for fiscal years 1993 through 1997 shall be $695,000,000. (B) PAYMENT.—The amended contract under paragraph (1) shall provide that the Federal share of the cost of construction of Minimum Operable Segment-3 shall be paid by the Secre- tary from amounts available under section 3 of the Federal Transit Act in accordance with a schedule for annual payments set forth in such contract. (4) EAST SIDE EXTENSION.—The amended contract under paragraph (1) shall include a commitment to provide Federal funding for the East Side Exten- sion, subject to completion of alternatives analysis and satisfaction of Federal environmental require- ments. (5) ADVANCE CONSTRUCTION.— (A) IN GENERAL.—The amended contract un- der paragraph (1) shall provide that the Com- mission may construct any portion of Minimum Operable Segment-3 in accordance with section 3(1) of the Federal Transit Act. (B) AMOUNT.—The Commission may use ad- vance construction authority in an amount not to exceed the sum of $535,000,000 plus the dif- ference (if any) between the Federal share specified in paragraph (3) for fiscal years 1993 through 1997 and the amount of Federal funds actually provided in those fiscal years. (C) CONVERSION TO GRANTS.—In the event the Commission uses advance construction author- ity under this paragraph, the Secretary shall convert that authority into a grant and shall reimburse the Commission, from funds avail- able under section 3 of the Federal Transit Act, for the Federal share of the amounts expended. Such conversion and reimbursement shall be made by the Secretary in fiscal years 1998, 1999, and 2000 and shall be equal to the Fed- eral share of the amounts expended by the Commission pursuant to this paragraph (plus any eligible bond interest under section 3(l)(2) of the Federal Transit Act). (c) FURTHER AMENDMENT TO CONTRACT.—Not later than October 15, 1996, the Secretary shall negotiate and enter into a further amendment to the contract described in subsection (b)(1) in order to provide Fed- eral funding for Minimum Operable Segment-3 for fis- cal years 1998 through 2000. The amended contract shall include provisions for the use and reimbursement of advance construction in the manner set forth in sub- section (b)(5). (d) CONTINUING PRELIMINARY ENGINEERING.—Before the date on which an amended contract is executed un- der subsection (b), the Secretary shall, upon receipt of an application from the Commission, make a grant to the Commission from amounts available under section 3 of the Federal Transit Act for continuing preliminary engineering and environmental analysis work for Minimum Operable Segment-3. (e) ADDITION OF EAST SIDE EXTENSION.— (1) ALTERNATIVES ANALYSIS AND ENVIRONMENTAL REVIEW.—The Secretary shall cooperate with the Commission in alternatives analysis and environ- mental review, including preparation of a draft en- vironmental impact statement, for the East Side Extension. Upon receipt of an application from the Commission, the Secretary shall make a grant to the Commission, from amounts available under section 3 of the Federal Transit Act, for preliminary engineering, design, and related expenses for the East Side Extension, in an amount equal to 50 per- cent of the cost of such activities. Such funds shall be provided from the amounts made available by the Secretary under subsection (b)(3). (2) SUPPLEMENTAL EIS.—Not later than Decem- ber 1, 1993, and in accordance with the National Environmental Policy Act of 1969, the Secretary shall complete preparation of a final supplemental environmental impact statement for the East Side Extension and shall publish a notice of completion of such statement in the Federal Register. (3) AMENDMENT TO CONTRACT TO INCLUDE EAST SIDE EXTENSION.— (A) NEGOTIATION.—Immediately upon the completion of alternatives analysis and pre- liminary engineering for the East Side Exten- sion, the Secretary shall begin negotiations with the Commission on a further amendment to the contract referred to in subsection (b)(1) in order to include construction of the East Side Extension. (B) EXECUTION.—Not later than June 1, 1994, the Secretary shall— (i) complete negotiations and execute the amended contract under subparagraph (A); and

146 (ii) issue a record of decision approving the construction of the East Side Exten- sion. (C) CONTENTS.—The amended contract under subparagraph (A) shall be consistent with the commitment made under subsection (b)(4) and shall include appropriate changes to the exist- ing scope of work to include the East Side. (f) APPLICABILITY OF FEDERAL REQUIREMENTS.—The amended contracts under this section shall provide that any activity under Minimum Operable Segment-3 that is financed entirely with non-Federal funds shall not be subject to any Federal statute, regulation, or program guidance, unless the Federal statute or regulation in question, by its terms, otherwise applies to and covers such activity. (g) CRITERIA FOR NEW STARTS.—Minimum Operable Segment-3 shall be deemed to be a project described in and covered by section 303(b) of the Surface Transpor- tation and Uniform Relocation Assistance Act of 1987. (h) NOTIFICATION OF NONCOMPLIANCE.—If the Secre- tary is unable to comply with a deadline established by this section, the Secretary shall report to Congress on the reasons for the noncompliance and shall provide such Committees a firm schedule for taking the action required. (i) DEFINITIONS.—For the purposes of this section, the following definitions apply: (1) COMMISSION.—The term “Commission” means the Los Angeles County Transportation Commis- sion (or any successor thereto). (2) EAST SIDE EXTENSION.—The term “East Side Extension” means that portion of Minimum Oper- able Segment-3 described in paragraph (3)(C). (3) MINIMUM OPERABLE SEGMENT-3.—The term “Minimum Operable Segment-3” means that por- tion of the Los Angeles Metro Rail Project which consists of 7 stations and approximately 11.6 miles of heavy rail subway on the following lines: (A) One line running west and northwest from the Hollywood/Vine station to the North Hollywood station, with 2 intermediate sta- tions. (B) One line running west from the Wil- shire/Western station to the Pico/San Vicente station, with one intermediate station. (C) One line consisting of an initial line of approximately 3 miles in length, with at least 2 stations, beginning at Union Station and run- ning generally east. Section 3035. Miscellaneous Multiyear Contracts. (a) HAWTHORNE, NEW JERSEY-WARWICK, NEW YORK, SERVICE.—No later than 120 days after the date of the enactment of this Act, the Secretary shall negotiate and sign a multiyear grant agreement with the New Jersey Transit Corporation which includes not less than $35,710,000 in fiscal year 1992 and not less than $11,156,000 in fiscal year 1993 from funds made avail- able under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of a project to provide commuter rail service from Hawthorne, New Jersey, to Warwick, New York (including a connection with the New Jersey Transit Main Line in Hawthorne, New Jer- sey, and improvements to the New Jersey Transit Main Line station in Paterson, New Jersey). Such agreement shall provide that amounts provided under the agree- ment may be used for purchasing equipment and for rehabilitating and constructing stations, parking facili- ties, and other facilities necessary for the restoration of such commuter rail service. (b) WESTSIDE LIGHT RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Tri-County Metro- politan Transportation District of Oregon which in- cludes $555,000,000379 from funds made available under section 3(k)(1)(B) of the Federal Transit Act at the Fed- eral share contained in House Report 101-584 to carry out the construction of the locally preferred alternative for the Westside Light Rail Project, including system related costs, set forth in Public Law 101-516 and as defined in House Report 101-584. Such agreement shall also provide for the completion of alternatives analysis, the final Environmental Impact Analysis, and prelimi- nary engineering for the Hillsboro extension to the Westside Project as set forth in Public Law 101-516. (c) NORTH BAY FERRY SERVICE.—No later than April 30, 1992, the Secretary shall negotiate and sign a mul- tiyear grant agreement with the City of Vallejo, Cali- fornia, which includes $8,000,000 in fiscal year 1992 and $9,000,000 in fiscal year 1993 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out capital improvements under the North Bay Ferry Service Demonstration Program. (d) STATEN ISLAND-MIDTOWN MANHATTAN FERRY SERVICE.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the New York City Department of Transportation in New York, New York, which includes $1,000,000 in fiscal year 1992 and $11,000,000 in fiscal year 1993 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out capital improve- ments under the Staten Island-Midtown Ferry Service Demonstration Program. (e) CENTRAL AREA CIRCULATOR PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the City of Chi- cago, Illinois, which includes $260,000,000 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of the locally preferred alternative for the Central Area Circulator Project. Such grant agreement shall provide that the Federal share of the cost of such project shall be paid by the Secretary from amounts provided under such sec- tion 3(k)(1)(B) as follows: (1) Not less than $21,000,000 for fiscal year 1992. 379 Sec. 336a of Pub. L. No. 104-205 amended this subsection by striking “$515,000,000” and inserting in lieu thereof “$555,000,000”.

147 (2) Not less than $55,000,000 for fiscal year 1993. (3) Not less than $70,000,000 for fiscal year 1994. (4) Not less than $62,000,000 for fiscal year 1995. (5) Not less than a total of $52,000,000 for fiscal years 1996 and 1997. (f) SALT LAKE CITY LIGHT RAIL PROJECT.—Not later than August 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Utah Tran- sit Authority, which includes $131,000,000 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of the initial segment of the locally preferred alternative for the Salt Lake City Light Rail Project, including feeder bus and other system related costs. (g) LOS ANGELES-SAN DIEGO (LOSSAN) RAIL CORRIDOR IMPROVEMENT PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a mul- tiyear grant agreement with the Los Angeles-San Diego Rail Corridor Agency which includes not less than $10,000,000 for fiscal year 1992 and not less than $5,000,000 in each of fiscal years 1993 and 1994 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to provide for capital improvements to the rail corridor between Los Angeles and San Diego, California. (h) SAN JOSE-GILROY-HOLLISTER COMMUTER RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the responsible operating entity for the San Fran- cisco Peninsula Commute Service which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $13,000,000 for capital improve- ments and trackage rights related to the extension of commuter rail service from San Jose, through Gilroy, to Hollister, California. The Secretary shall allocate to the Santa Clara County Transit District in fiscal year 1992, from funds made available under such section 3(k)(1)(B), $8,000,000 for the purpose of a one-time pur- chase of perpetual trackage rights between the existing terminus in San Jose and Gilroy, California, to run pas- senger rail service. (i) DALLAS LIGHT RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a mul- tiyear grant agreement with Dallas Area Rapid Transit which includes $160,000,000 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of the locally preferred alter- native for the initial 6.4 miles and 10 stations of the South Oak Cliff light rail line. Non-Federal funds used to acquire rights-of-way and to plan, design, and con- struct any of the elements of such light rail line on or after August 13, 1983, may be used to meet the non- Federal share funding requirements for financing con- struction of any of such elements. (j) SOUTH BOSTON PIERS TRANSITWAY/LIGHT RAIL PROJECT.—No later than June 1, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Massachusetts Bay Transportation Authority which includes $278,000,000 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of the South Station to World Trade Center segment of the locally preferred alterna- tive for the South Boston Piers Transitway/Light Rail Project. Not later than February 28, 1992, the Secretary shall allocate from such $278,000,000 such sums as may be necessary to carry out preliminary engineering and design for the entirety of such preferred alternative. Section 330 of the Department of Transportation and Related Agencies Appropriations Act, 1992, is amended by striking "—", by striking "(a)", by striking "; and" at the end of paragraph (a) and all that follows through the period at the end of such section and inserting a period, and by running in the remaining matter of paragraph (a) following "Administration". (k) KANSAS CITY LIGHT RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Kansas City Area Transportation Authority which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $1,500,000 in fiscal year 1992, and $4,400,000 in fiscal year 1993 to provide for the comple- tion of alternatives analysis and preliminary engineer- ing for the Kansas City Light Rail Project. (l) ORLANDO STREETCAR (OSCAR) DOWNTOWN TROLLEY PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the City of Orlando, Florida, which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $5,000,000 to pro- vide for the completion of alternatives analysis and pre- liminary engineering for the Orlando Streetcar (OSCAR) Downtown Trolley Project. (m) DETROIT LIGHT RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and enter into a multiyear grant agreement with the city of De- troit, Michigan, which includes, from funds made avail- able under section 3(k)(1)(B) of the Federal Transit Act, not less than $10,000,000 for fiscal year 1992, and not less than $10,000,000 for fiscal year 1993, to provide for the completion of alternatives analysis and preliminary engineering for the Detroit Light Rail Project. (n) BUS AND BUS RELATED EQUIPMENT PURCHASES IN ALTOONA, PENNSYLVANIA.—No later than April 30, 1992, the Secretary shall enter into a grant agreement with Altoona Metro Transit for $2,000,000 for fiscal year 1992 from funds made available under section 3(k)(1)(C) of the Federal Transit Act to provide for the purchases of 10 buses, a fuel storage tank, a bus washer and 2 service vehicles. (o) LONG BEACH METRO LINK FIXED RAIL PROJECT.— No later than April 30, 1992, the Secretary shall nego- tiate and sign a multiyear grant agreement with the Los Angeles County Transportation Commission which includes $4,000,000 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to provide for the completion of alternatives analysis and prelimi- nary engineering for the Metro Link Project in Long Beach, California. (p) LAKEWOOD-FREEHOLD-MATAWAN OR JAMESBURG RAIL PROJECT.—No later than April 30, 1992, the Secre-

148 tary shall negotiate and sign a multiyear grant agree- ment with the New Jersey Transit Corporation, which includes, from funds made available to the Northeast- ern New Jersey urbanized area under section 3(k)(1)(B) of the Federal Transit Act, $1,800,000 in fiscal year 1992 and $3,000,000 in each of fiscal years 1993 and 1994 to provide for the completion of alternatives analysis, preliminary engineering, and environmental impact statement for the Lakewood-Freehold-Matawan or Jamesburg Rail Project. (q) SAN FRANCISCO, CALIFORNIA.—No later than April 30, 1992, the Secretary shall enter into a grant agree- ment for $2,500,000 from funds made available under section 3(k)(1)(C) for fiscal year 1992 to construct a parking facility as part of a multimodal transportation facility in the vicinity of California Pacific Medical Cen- ter, San Francisco, California. (r) CHARLOTTE LIGHT RAIL STUDY.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the City of Charlotte, North Carolina, which includes, from funds made avail- able under section 3(k)(1)(B) of the Federal Transit Act, $125,000 in fiscal year 1992 and $375,000 in fiscal year 1993 to provide for the completion of systems planning and alternatives analysis for a priority light rail corri- dor in the Charlotte metropolitan area. (s) BUCKHEAD PEOPLE MOVER CONCEPTUAL ENGINEERING STUDY.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Atlanta Regional Commission which includes, from funds made available under sec- tion 3(k)(1)(B) of the Federal Transit Act, $200,000 in fiscal year 1992, to provide for the completion of a con- ceptual engineering study for a people mover system in Atlanta, Georgia. (t) CLEVELAND DUAL HUB RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Greater Cleveland Regional Transit Authority which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $2,000,000 in fiscal year 1992, $2,000,000 in fiscal year 1993, and $1,000,000 in fiscal year 1994, to provide for the completion of alternatives analysis on the Cleveland Dual Hub Rail Project. (u) SAN DIEGO MID COAST LIGHT RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the San Diego Metropolitan Transit Development Board which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $2,000,000 in fis- cal year 1992 and $5,000,000 in fiscal year 1993, and $20,000,000 in fiscal year 1994, to provide for the com- pletion of alternatives analysis and the final environ- mental impact statement, and to purchase right-of-way, for the San Diego Mid Coast Light Rail Project. (v) CHATTANOOGA DOWNTOWN TROLLEY PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Chatta- nooga Area Regional Transportation Authority which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $1,000,000 in fis- cal year 1992 and $1,000,000 in fiscal year 1993 to pro- vide for the completion of alternatives analysis on a proposed trolley circulator in downtown Chattanooga, Tennessee. (w) NORTHEAST OHIO COMMUTER RAIL FEASIBILITY STUDY.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Northeast Ohio Areawide Coordinating Agency which includes, from funds made available under sec- tion 3(k)(1)(B) of the Federal Transit Act, $800,000 in fiscal year 1992 and $800,000 in fiscal year 1993 to study the feasibility of providing commuter rail service connecting urban and suburban areas in northeast Ohio. (x) RAILTRAN COMMUTER RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Cities of Dallas and Forth Worth, Texas, which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $2,480,000, in fiscal year 1992, and $3,200,000 in fiscal year 1993 to provide for preliminary engineering and construction of improvements to the Dallas/Fort Worth RAILTRAN System. (y) BUS AND BUS RELATED EQUIPMENT PURCHASES IN JOHNSTOWN, PENNSYLVANIA.—No later than April 30, 1992, the Secretary shall enter into a grant agreement with the Cambria County Transit Authority for $1,600,000 for fiscal year 1992 from funds made avail- able under section 3(k)(1)(C) of the Federal Transit Act to provide for the purchase of 6 midsize buses; spare engines, transmissions, wheels, tires; wheelchair lifts for urban buses; 20 2-way radios; 29 electronic fare- boxes and related equipment; computer hardware and software; and shop tools, equipment and parts for the Cambria County Transit System; and a new 400 HP electric motor and related components; cable replace- ment; hillside erosion control; park-and-ride facilities; and a handicapped pedestrian crosswalk for the Johns- town Inclined Plane. (z) BUS PURCHASE FOR EUREKA SPRINGS, ARKANSAS.— No later than April 30, 1992, the Secretary shall enter into a grant agreement with Eureka Springs Transit for $63,600 for fiscal year 1992 from funds made available under section 3(k)(1)(C) of the Federal Transit Act to provide for the purchase of an electrically powered bus which is accessible to and usable by individuals with disabilities. (aa) TUCSON DIAL-A-RIDE PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a grant agreement with the City of Tucson, Arizona, which includes, from funds made available under sec- tion 3(k)(1)(C) of the Federal Transit Act, $8,000,000 in fiscal year 1992 to make capital improvements related to the Tucson Dial-a-Ride Project. (bb) LONG BEACH BUS FACILITY PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a grant agreement with the Long Beach Transpor- tation Company to include, from funds made available under section 3(k)(1)(C) of the Federal Transit Act,

149 $13,875,000 in fiscal year 1992, to provide for the con- struction of a bus maintenance facility in the service area of such company. (cc) PARK-AND-RIDE LOT.—No later than April 30, 1992, the Secretary shall negotiate and sign a grant agreement with the Southeastern Pennsylvania Trans- portation Authority which include, from funds made available under section 3(k)(1)(C) of the Federal Transit Act, $4,000,000 in fiscal year 1992 to construct a park- and-ride lot in suburban Philadelphia, Pennsylvania. (dd) NASHVILLE INTERMODAL TERMINAL.—No later than April 30, 1992, the Secretary shall negotiate and sign a grant agreement with the City of Nashville, Ten- nessee, which includes, from funds made available un- der section 3(k)(1)(C) of the Federal Transit Act, $3,700,000 in fiscal year 1992 to provide for the con- struction of an intermodal passenger terminal in Nash- ville, Tennessee. (ee) MAIN STREET TRANSIT MALL.—No later than April 30, 1992, the Secretary shall negotiate and sign a grant agreement with the City of Akron, Ohio, which in- cludes, from funds made available to that State under section 3(k)(1)(C) of the Federal Transit Act, $1,450,000 in fiscal year 1992 to provide for preliminary engineer- ing and construction of an extension to the Main Street Transit Mall. (ff) PEOPLE MOBILIZER.—No later than April 30, 1992, the Secretary shall negotiate and sign a grant agree- ment with PACE which includes, from funds made available to the suburban Chicago urbanized area un- der section 3(k)(1)(C), $2,300,000 in fiscal year 1992 to make capital purchases necessary for implementing the people mobilizer project in such area. The limitation on operating assistance which but for this section would apply to the people mobilizer project for fiscal year 1992 under section 9(k)(2)(A) of the Federal Transit Act shall be increased by $700,000. (gg) CENTRE AREA TRANSPORTATION AUTHORITY REIMBURSEMENT.—Notwithstanding any other provision of law, the Secretary shall reimburse the Centre Area Transportation Authority in State College, Pennsyl- vania, from funds made available under section 3(k)(1)(C) of the Federal Transit Act, $1,000,000 in fis- cal year 1992 for costs incurred by the Centre Area Transportation Authority between August 1989 and October 1991 in connection with the construction of an administrative maintenance and bus storage facility. (hh) KEY WEST, FLORIDA.—Not later than April 30, 1992, the Secretary shall negotiate and enter into a grant agreement with the city of Key West, Florida, which includes, from funds made available under sec- tion 3(k)(1)(C) of the Federal Transit Act, $239,666 in fiscal year 1992 for the cost of purchasing 3 buses. (ii) BOSTON, MASSACHUSETTS.—The Secretary shall conduct at a cost of $250,000 in fiscal year 1992 from funds made available under section 3(k)(1)(B) of the Federal Transit Act a feasibility study of a proposed rail link between North Station and South Station in Bos- ton, Massachusetts. (jj) BUFFALO, NEW YORK.—No later than April 30, 1992, the Secretary shall enter into a grant agreement with the Niagara Frontier Transportation Authority for $2,000,000 for fiscal year 1992 from funds made avail- able under section 3(k)(1)(C) of the Federal Transit Act to provide for the construction of metro bus transit cen- ters in the service area of such transportation author- ity. (kk) STATE OF MICHIGAN.—No later than June 30, 1992, the Secretary shall enter into a multiyear grant agreement with the State of Michigan for $10,500,000 for fiscal year 1992, and not less than $10,000,000 for each of fiscal years 1993 through 1997 from funds made available under section 3(k)(1)(C) of the Federal Transit Act for the purchase of buses and bus-related equip- ment to be distributed among local transit operators. Of the grant amount for fiscal year 1992, $500,000 shall be made available for a study of the feasibility of consoli- dation of transit services. (ll) ANN ARBOR, MICHIGAN.—No later than April 30, 1992, the Secretary shall enter into a grant agreement with the Ann Arbor Transportation Authority for $1,500,000 for fiscal year 1992 from funds made avail- able under section 3(k)(1)(C) of the Federal Transit Act for the purchase of equipment and software for ad- vanced fare collection technology. (mm) BAY AREA RAPID TRANSIT DISTRICT PARKING.— Not later than April 30, 1992, the Secretary shall nego- tiate and enter into a multiyear grant agreement with the San Francisco Bay Area Rapid Transit District which includes, from funds made available under sec- tion 3(k)(1)(C) of the Federal Transit Act, $12,600,000 for construction of a parking area for the planned East Dublin/Pleasanton BART station. (nn) BALTIMORE-WASHINGTON TRANSPORTATION IMPROVEMENTS PROGRAM.—The Secretary shall carry out the Baltimore-Washington Transportation Im- provements Program as follows: (1)380 BALTIMORE-CENTRAL LIGHT RAIL EXTENSION.—By entering into a full funding grant agreement with the Mass Transit Administration of the Maryland Department of Transportation to carry out construction of locally preferred alterna- tives for the Hunt Valley, Baltimore-Washington International Airport and Penn Station extensions, and alternatives for double tracking and related improvements to the light rail line in Baltimore, Maryland. Funds for projects under this paragraph shall be provided at an 80 percent Government share. In applying the local share evaluation crite- 380 Sec. 3030(g)(1) of TEA-21 amended this paragraph by in- serting “, and alternatives for double tracking and related im- provements” after “Penn Station extensions”; by inserting “shall provide for double tracking and related improvements and” after “under this paragraph”; and by inserting after the first sentence the following: “Funds for projects under this paragraph…the Central Corridor Light Rail project.” Sec. 3030(h) of TEA-21 further amended this paragraph by insert- ing “section 5309 funds to the aggregate expenditure of” after “expenditure of”.

150 ria in section 5309, of title 49, United States Code, the Secretary shall compare the aggregate expendi- ture of section 5309 funds to the aggregate expendi- ture of State and local funds, including Federal highway funds provided by the State of Maryland, for all phases of the Central Corridor Light Rail project. The grant agreement under this paragraph shall provide for double tracking and related im- provements and shall provide that the Federal share shall be paid from amounts provided under section 3(k)(1)(B) of the Federal Transit Act as fol- lows: (A) Not less than $30,000,000 for fiscal year 1993. (B) Not less than $30,000,000 for fiscal year 1994. (2)381 MARC EXTENSIONS.—By entering into a full funding grant agreement with the Mass Transit Administration of the Maryland Department of Transportation for service extensions and other improvements, including extensions of the MARC commuter rail system to Frederick and mass trans- portation improvements to the Waldorf area,382 planning and engineering, purchase of rolling stock and station improvements and expansions, includ- ing capacity and efficiency improvements through construction of a Penn-Camden Connection, MARC maintenance and storage facilities, and other ca- pacity related improvements, and the Silver Spring Intermodal Center. The transit improvements in the corridor from the Waldorf area to the Washing- ton, D.C. area shall be based on the locally pre- ferred alternatives that result from the Southern Maryland Mass Transportation Alternatives Study of the Tri-County Council for Southern Maryland and shall include any additional work needed on that study, detailed planning and engineering to be carried out by the Maryland Department of Trans- portation in conjunction with the Tri-County Coun- cil, advanced land acquisition in the transit corri- dor, and implementation of interim and long-range transit improvements in the transit corridor.383 The grant agreement under this paragraph shall pro- vide for construction of the Penn-Camden Connec- tion, MARC maintenance and storage facilities, and other capacity related improvements, and the Sil- ver Spring Intermodal Center, and shall be paid from amounts provided under section 3(k)(1)(B) of the Federal Transit Act as follows: 381 Sec. 3030(g)(2) of TEA-21 amended this paragraph by in- serting “, including capacity and efficiency improve- ments…Intermodal Center” before the period in the first sen- tence and by inserting “provide for construction of the Penn- Camden Connection…Silver Spring Intermodal Center, and shall” after “shall” in the second sentence. 382 Sec. 381(1) of Pub. L. No. 102-388 amended this subsec- tion by striking “Waldorf” and inserting “mass transportation improvements to the Waldorf area”. 383 Sec. 381(2) of Pub. L. No. 102-388 inserted this sentence. (A) Not less than $60,000,000 for fiscal year 1993. (B) Not less than $50,000,000 for fiscal year 1994. (C) Not less than $50,000,000 for fiscal year 1995. (3) LARGO EXTENSION.—By entering into a full funding grant agreement with the State of Mary- land or its designee to provide alternative analysis, the preparation of an environmental impact state- ment and preliminary engineering for a proposed rail transit project to be located in the corridor be- tween the Washington Metropolitan Area Transit Authority Addison Road rail station and Largo, Maryland. The grant agreement under this para- graph shall provide that the Federal share shall be paid from amounts provided under section 3(k)(1)(B) of the Federal Transit Act in an amount not less than $5,000,000 for fiscal year 1993. (oo) MILWAUKEE EAST-WEST CORRIDOR PROJECT.— The Secretary shall negotiate and sign a multiyear grant agreement with the State of Wisconsin which includes $200,000,000 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of the initial segment of the locally preferred alternative as identified in the alternatives analysis of the Milwaukee East-West Corridor Project. (pp) Boston to Portland Transportation Corridor.—If the State of Maine or an agency thereof decides to initi- ate commuter rail service in the Boston to Portland transportation corridor, $30,000,000 under section 3(k)(1)(B) is authorized to be appropriated for capital improvements to allow such service. (qq) NORTHEAST PHILADELPHIA COMMUTER RAIL STUDY.—No Later [sic] than April 30, 1992, the Secre- tary shall negotiate and sign a multiyear grant agree- ment with the Southeastern Pennsylvania Transporta- tion Authority, which includes $400,000 from funds made available to the Philadelphia urbanized area un- der section 3(k)(1)(B) of the Federal Transit Act to pro- vide for a study of the feasibility of instituting com- muter rail service as an alternative to automobile travel to Center City Philadelphia on I-95. (rr) ATLANTA COMMUTER RAIL STUDY.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Atlanta Regional Commission which includes, from funds made available to the Atlanta urbanized area under section 3(k)(1)(B) of the Federal Transit Act, $100,000 to study the feasi- bility of instituting commuter rail service in the Greensboro corridor. (ss) PITTSBURGH LIGHT RAIL REHABILITATION PROJECT.—No later than 90 days after the date of the enactment of this Act, the Secretary shall negotiate and sign a multiyear grant agreement with the Port Author- ity of Allegheny County which includes $5,000,000 from funds made available to the Pittsburgh urbanized area under section 3(k)(1)(B) of the Federal Transit Act to complete preliminary engineering for Stage II LRT re- habilitation in Allegheny County, Pennsylvania.

151 (tt) ATLANTA NORTH LINE EXTENSION.—Not later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Metropolitan At- lanta Rapid Transit Authority which includes $329,000,000 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of the locally preferred alternative for a 3.1 mile extension of the North Line of the heavy rail rapid transit system in Atlanta, Georgia. (uu) HOUSTON PRIORITY CORRIDOR FIXED GUIDEWAY PROJECT.—Provided that a locally preferred alternative for the Priority Corridor fixed guideway project has been selected by March 1, 1992, no later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Metropolitan Transit Author- ity of Harris County which includes $500,000,000 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of such locally preferred alternative. (vv) JACKSONVILLE AUTOMATED SKYWAY EXPRESS EXTENSION.—No later than April 30, 1992, the Secre- tary shall negotiate and sign a multiyear grant agree- ment with the Jacksonville Transportation Authority which includes $71.2 million from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of the locally preferred alter- native for a 1.8 mile extension to the Automated Sky- way Express starter line. (WW) HONOLULU RAPID TRANSIT PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the City and County of Honolulu which includes $618,000,000 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of the locally preferred alternative of a 17.3 mile fixed guide- way system. (xx) SACRAMENTO LIGHT RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Sacramento Re- gional Transit District which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $26,000,000 to provide for the completion of alter- natives analysis, preliminary engineering, and final design on proposed extensions to the light rail system in Sacramento, California. (yy) PHILADELPHIA CROSS-COUNTY METRO RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Southeastern Pennsylvania Transportation Authority which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $2,400,000 to provide for the completion of alternatives analysis and preliminary engineering for the Philadel- phia Cross-County Metro Rail Project. (zz) CLEVELAND BLUE LINE LIGHT RAIL EXTENSION.— No later than April 30, 1992, the Secretary shall nego- tiate and sign a multiyear grant agreement with the Greater Cleveland Regional Transit Authority which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $1,200,000 to pro- vide for the completion of alternatives analysis and pre- liminary engineering for an extension of the Blue Line to Highland Hills, Ohio. (aaa) DULLES CORRIDOR RAIL PROJECT.—No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the State of Virginia, or its assignee, which includes, from funds made avail- able under section 3(k)(1)(B) of the Federal Transit Act, $6,000,000 to provide for the completion of alternatives analysis and preliminary engineering for a rail corridor from the West Falls Church Washington Metropolitan Area Transit Authority rail station to Dulles Interna- tional Airport. (bbb) PUGET SOUND CORE RAPID TRANSIT PROJECT.— Not later than April 30, 1992, the Secretary shall nego- tiate and sign a multiyear grant agreement with the municipality of metropolitan Seattle, Washington, which includes, from funds made available under sec- tion 3(k)(1)(B) of the Federal Transit Act, $300,000,000 for the Puget Sound Core Rapid Transit Project. (ccc) SEATTLE-TACOMA COMMUTER RAIL.—Not later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with a qualified local sponsor,384 which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $25,000,000 for the Seattle-Tacoma Commuter Rail Project. (ddd) ALTOONA PEDESTRIAN CROSSOVER.—Not later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the city of Al- toona, Pennsylvania, which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $3,200,000 for construction of the 14th Street Pe- destrian Crossover in Altoona, Pennsylvania. (eee) MULTI-MODAL TRANSIT PARKWAY.—Not later than April 30, 1992, the Secretary shall negotiate and enter into a multiyear grant agreement with the State of California which includes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $15,000,000 for construction of a multi-modal transit parkway in western Los Angeles, California. (fff) CANAL STREET CORRIDOR LIGHT RAIL, NEW ORLEANS, LOUISIANA.—No later than April 30, 1992, the Secretary shall negotiate and sign a grant agreement with the city of New Orleans, Louisiana, which in- cludes, from funds made available under section 3(k)(1)(B) of the Federal Transit Act, $4,800,000 to pro- vide for the completion of alternatives analysis, pre- liminary engineering, and an environmental impact statement for the Canal Street Corridor Light Rail Sys- tem in New Orleans, Louisiana. Section 3036. Unobligated M Account Balances. Notwithstanding any other provision of law, any obli- gated M account balances remaining available for ex- 384 Sec. 382 of Pub. L. No. 102-388 struck “the municipality of metropolitan Seattle, Washington” and inserted “a qualified local sponsor”.

152 penditure as of August 1, 1991, under "Urban Discre- tionary Grants" and "Interstate Transfer Grants- Transit" of the Federal Transit Administration program shall be exempt from the application of the provisions of section 1405 (b)(4) and (b)(6) of Public Law 101-510 and section 1552 of title 31, United States Code, and shall be available until expended. Section 3037. Technical Accounting Provisions. Notwithstanding any other provision of law, any funds appropriated before October 1, 1983, under sec- tion 6, 10, 11, or 18 of the Act, or section 103(e)(4) of title 23, United States Code, in effect on September 30, 1991, that remain available for expenditure after Octo- ber 1, 1991, may be transferred to and administered under the most recent appropriation heading for any such section. Section 3038. Reduction in Authorizations for Budget Compliance. If the total amount authorized by this Act (including amendments made by this Act) out of the Mass Transit Account of the Highway Trust Fund exceeds $1,900,000,000 for fiscal year 1992, or exceeds $13,800,000,000 for fiscal years 1992 through 1996, then each amount so authorized shall be reduced pro- portionately so that the total equals $1,900,000,000 for fiscal year 1992, or equals $13,800,000,000 for fiscal years 1992 through 1996, as the case may be. Section 3039. Petroleum Violation Escrow Ac- count Funds. Notwithstanding any other provision of law, the Fed- eral Transit Administration shall allow petroleum vio- lation escrow account funds spent by the New Jersey Transit Corporation on transit improvements to be ap- plied as credit towards the non-Federal match for any transit project funded under the Federal Transit Act. The New Jersey Transit Corporation shall demonstrate that the use of such a credit does not result in the re- duction in non-Federal funding for transit projects within the fiscal year in which the credit is applied. Section 3040. Charter Services Demonstration Program. (a) ESTABLISHMENT.—Notwithstanding any provision of law, the Secretary shall implement regulations, not later than 9 months after the date of the enactment of this Act, in not more than 4 States to permit transit operators to provide charter services for the purposes of meeting the transit needs of government, civic, charita- ble, and other community activities which otherwise would not be served in a cost effective and efficient manner. (b) CONSULTATION.—In developing such regulations, the Secretary shall consult with a board that is equally represented by public transit operators and privately owned charter services. (c) REPORT.—Not later than 3 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report containing an evaluation of the effectiveness of the demonstration program regulations established under this section and make recommenda- tions to improve current charter service regulations. Section 3041. GAO Report on Charter Service Regulations. The Comptroller General shall submit to the Con- gress, not later than 12 months after the date of the enactment of this Act, a report evaluating the impact of existing charter service regulations. The report shall— (1) assess the extent to which the regulations promote or impede the ability of communities to meet the transportation needs of government, civic, and charitable organizations in a cost-effective and efficient manner; (2) assess the extent to which the regulations promote or impede the ability of communities to carry out economic development activities in a cost- effective and efficient manner; (3) analyze the extent to which public transit op- erators and private charter carriers have entered into charter service agreements pursuant to the regulations; and (4) analyze the extent to which such agreements enable private carriers to profit from the provision of charter service by public transit operators using federally subsidized vehicles. The report shall also include an assessment of the factors specified in the preceding sentence within the context of not less than 3 communities selected by the Comptroller General. Section 3042. 1993 World University Games. Notwithstanding any other provision of law, before apportionment under section 9 of the Federal Transit Act of funds provided under section 21(a)(1) of such Act for fiscal year 1993, $4,000,000 of such funds shall be made available to the State of New York or to any pub- lic body to which the State further delegates authority, as the designated recipient for the purposes of this sec- tion, to carry out projects by contracts with private or public service providers to meet the transportation needs associated with the staging of the 1993 World University Games in the State of New York. Such funds shall be available for any purpose eligible under section 9 of such Act without limitation. The matching re- quirement for operating assistance under section 9(k)(1) of such Act shall not apply to funds made available un- der this section. Section 3043. Operating Assistance Limitation for Staten Island Ferry. The limitation of operating assistance which, but for this section, would apply to the Staten Island Ferry for

153 fiscal year 1993 under section 9(k)(2)(A) of the Federal Transit Act shall be increased by $2,700,000. Section 3044. Forgiveness of Certain Outstanding Obligations. Notwithstanding the fifth sentence of section 4(a) of the Federal Transit Act, the outstanding balance on grant agreement number NC-05-0021 made to the Fa- yetteville Transit Authority, North Carolina is forgiven. Section 3045. Forgiveness of Loan Repayment. Notwithstanding any other provision of law (includ- ing any regulation), the outstanding balances on the following loan agreements do not have to be repaid: (1) Loan agreement number PA-03-9002 made to the Southeastern Pennsylvania Transit Authority. (2) Loan agreement number PA-03-9003 made to the Southeastern Pennsylvania Transit Authority. Section 3046. Modified Bus Service to Accommo- date the Needs of Students. Nothing in the Federal Transit Act, including the regulations issued to carry out such Act, shall be con- strued to prohibit the use of buses acquired or operated with Federal assistance under such Act to provide trip- per bus service in New York City, New York, to accom- modate the needs of students, if such buses carry nor- mal designations and clear markings that such buses are open to the general public. For the purposes of this section, the term "tripper bus service" shall have the meaning such term has on the date of the enactment of this Act in regulations issued pursuant to the Federal Transit Act and shall include the service provided by express buses operating along regular routes and as indicated in published route schedules. Section 3047. Eligibility Determinations for Dis- ability. (a) STUDY.—The Secretary shall conduct a study of procedures for determining disability for the purpose of obtaining off peak reduced fares under section 5(m) of the Federal Transit Act. The study should review dif- ferent requirements, degree of uniformity, and degree of reciprocity between transit systems. (b) REPORT.—Not later than 2 years after the date of the enactment of this Act, the Secretary shall report to Congress on the results of the study conducted under this section. Section 3048. Milwaukee Alternatives Analysis Approval. No later than January 15, 1992, the Secretary shall enter into an agreement with the Wisconsin Depart- ment of Transportation giving approval to undertake an alternatives analysis for the East-West Central Mil- waukee Corridor. The alternatives analysis shall be funded entirely from non-Federal sources. * * * TITLE VI—RESEARCH * * * Part C—Advanced Transportation Systems and Electric Vehicles Section 6071. Advanced Transportation System and Electric Vehicle Research and Development Consortia. (a) GENERAL AUTHORITY.— (1) PROPOSAL.—Not later than 3 months after the date of the enactment of this Act, an eligible con- sortium may submit to the Secretary a proposal for receiving grants made available under this section for electric vehicle and advanced transportation re- search and development. (2) CONTENTS OF PROPOSAL.—A proposal submit- ted under paragraph (1) shall include— (A) a description of the eligible consortium making the proposal; (B) a description of the type of additional members targeted for inclusion in the consor- tium; (C) a description of the eligible consortium's ability to contribute significantly to the devel- opment of vehicles, transportation systems, or related subsystems and equipment, that are competitive in the commercial market and its ability to enable serial production processes; (D) a description of the eligible consortium's financing scheme and business plan, including any projected contributions of State and local governments and other parties; (E) assurances, by letter of credit or other ac- ceptable means, that the eligible consortium is able to meet the requirement contained in sub- section (b)(6); and (F) any other information the Secretary re- quires in order to make selections under this section. (3) GRANT AUTHORITY.—Except as provided in paragraph (4), not later than 6 months after the date of the enactment of this Act, the Secretary shall award grants to not less than 3 eligible con- sortia. No one eligible consortium may receive more than one-third of the funds made available for grants under this section. (4) EXTENSION.—If fewer than 3 complete appli- cations from eligible consortia have been received in time to permit the awarding of grants under paragraph (3), the Secretary may extend the dead- lines for the submission of application and the awarding of grants. (b) ELIGIBILITY CRITERIA.—To be qualified to receive assistance under this section, an eligible consortium shall— (1) be organized for the purpose of designing and developing electric vehicles and advanced transpor-

154 tation systems, or related systems or equipment, or for the purpose of enabling serial production proc- esses; (2) facilitate the participation in the consortium of small- and medium-sized businesses in conjunc- tion with large established manufacturers, as ap- propriate; (3) to the extent practicable, include participation in the consortium of defense and aerospace suppli- ers and manufacturers; (4) to the extent practicable, include participation in the consortium of entities located in areas desig- nated as nonattainment areas under the Clean Air Act; (5) be designed to use State and Federal funding to attract private capital in the form of grants or investments to further the purposes stated in para- graph (1); and (6) ensure that at least 50 percent of the costs of the consortium, subject to the requirements of sub- section (a)(3), be provided by non-Federal sources. (c) SERVICES.—Services to be performed by an eligible consortium using amounts from grants made available under this part shall include— (1) obtaining funding for the acquisition of plant sites, conversion of plant facilities, and acquisition of equipment for the development or manufacture of advanced transportation systems or electric ve- hicles, or other related systems or equipment, espe- cially for environmentally benign and cost-effective manufacturing processes; (2) obtaining low-cost, long-term loans or invest- ments for the purposes described in paragraph (1); (3) recruiting and training individuals for electric vehicle- and transit-related technical design, manu- facture, conversion, and maintenance; (4) conducting marketing surveys for services provided by the consortium; (5) creating electronic access to an inventory of industry suppliers and serving as a clearinghouse for such information; (6) consulting with respect to applicable or pro- posed Federal motor vehicle safety standards; (7) creating access to computer architecture needed to simulate crash testing and to design in- ternal subsystems and related infrastructure for electric vehicles and advanced transportation sys- tems to meet applicable standards; and (8) creating access to computer protocols that are compatible with larger manufacturers' systems to enable small- and medium-sized suppliers to com- pete for contracts for advanced transportation sys- tems and electric vehicles and other related sys- tems and equipment. Section 6072. Definitions. For purposes of this part, the following definitions apply: (1) Advanced transportation system.—The term “advanced transportation system” means a system of mass transportation, such as an electric trolley bus or alternative fuels bus, which employs ad- vanced technology in order to function cleanly and efficiently; (2) Electric vehicle.—The term “electric vehicle” means a passenger vehicle, such as a van, primar- ily powered by an electric motor that draws current from rechargeable storage batteries, fuel cells, or other sources of electric current, and that may in- clude a nonelectrical source of supplemental power; and (3) Eligible consortium.—The term “eligible con- sortium” means a consortium of— (A) businesses incorporated in the United States; (B) public or private educational or research organizations located in the United States; (C) entities of State or local governments in the United States; or (D) Federal laboratories. Section 6073. Funding. Funds shall be made available to carry out this part as provided in section 21(b)(3)(E) of the Federal Transit Act. *** TITLE VIII—EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND Section 8004. Commute-to-Work Benefits. (a) Findings.—The Congress finds that— (1) current Federal policy places commuter tran- sit benefits at a disadvantage compared to drive-to- work benefits; (2) this Federal policy is inconsistent with impor- tant national policy objectives, including the need to conserve energy, reduce reliance on energy im- ports, lessen congestion, and clean our Nation's air; (3) commuter transit benefits should be part of a comprehensive solution to national transportation and air pollution problems; (4) current Federal law allows employers to pro- vide only up to $21 per month in employee benefits for transit or van pools; (5) the current “cliff provision”, which treats an entire commuter transit benefit as taxable income if it exceeds $21 per month, unduly penalizes the most effective employer efforts to change commuter behavior; (6) employer-provided commuter transit incen- tives offer many public benefits, including in- creased access of low-income persons to good jobs, inexpensive reduction of roadway and parking con- gestion, and cost-effective incentives for timely ar- rival at work; and (7) legislation to provide equitable treatment of employer-provided commuter transit benefits has

155 been introduced with bipartisan support in both the Senate and House of Representatives. (b) Policy.—The Congress strongly supports Federal policy that promotes increased use of employer-provided commuter transit benefits. Such a policy ‘levels the playing field’ between transportation modes and is con- sistent with important national objectives of energy conservation, reduced reliance on energy imports, less- ened congestion, and clean air. OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF 1991 (PUBLIC LAW 102-143, OCTOBER 28, 1991) Section 1. Short Title. Short title. This title may be cited as the “Omnibus Transportation Employee Testing Act of 1991”. Section 2. Findings. Findings. The Congress finds that— (1) alcohol abuse and illegal drug use pose sig- nificant dangers to the safety and welfare of the Nation; (2) millions of the Nation's citizens utilize trans- portation by aircraft, railroads, trucks, and buses, and depend on the operators of aircraft, trains, trucks, and buses to perform in a safe and respon- sible manner; (3) the greatest efforts must be expended to eliminate the abuse of alcohol and use of illegal drugs, whether on duty or off duty, by those indi- viduals who are involved in the operation of air- craft, trains, trucks, and buses; (4) the use of alcohol and illegal drugs has been demonstrated to affect significantly the perform- ance of individuals, and has been proven to have been a critical factor in transportation accidents; (5) the testing of uniformed personnel of the Armed Forces has shown that the most effective de- terrent to abuse of alcohol and use of illegal drugs is increased testing, including random testing; (6) adequate safeguards can be implemented to ensure that testing for abuse of alcohol or use of il- legal drugs is performed in a manner which pro- tects an individual's right of privacy, ensures that no individual is harassed by being treated differ- ently from other individuals, and ensures that no individual's reputation or career development is unduly threatened or harmed; and (7) rehabilitation is a critical component of any testing program for abuse of alcohol or use of illegal drugs, and should be made available to individuals, as appropriate. * * * SURFACE TRANSPORTATION AND UNIFORM RELOCATION ASSISTANCE ACT OF 1987 (PUBLIC LAW 100-17, APRIL 2, 1987) * * * Title I—Federal-Aid Highway Act of 1987 * * * Section 141. Transfer of Interstate Lanes. (a) ELIGIBILITY OF INTERSTATE LANE PROJECT.—Any project to construct eligible interstate lanes, as defined in subsection (f), shall be eligible for funds authorized under section 108(b) of the Federal-Aid Highway Act of 1956 and shall be included as an eligible project in any future interstate cost estimate unless the costs of such project are made not eligible for such funds by subsec- tion (c). (b) APPROVAL OF SUBSTITUTE TRANSIT PROJECT.— Notwithstanding any other provision of law, upon the joint request of the Governor of the State of California and the local governments concerned, the Secretary may approve a substitute transit project for construc- tion of a fixed guideway system in lieu of construction of any eligible interstate lanes if such substitute project is in or adjacent to the proposed right-of-way for such lanes. (c) ELIGIBILITY FOR FEDERAL ASSISTANCE.—Upon ap- proval of any substitute transit project under subsection (b), the costs of construction of the eligible interstate lanes for which such project is substituted shall not be eligible for funds authorized under section 108(b) of the Federal-Aid Highway Act of 1956 and a sum equal to the Federal share of such costs, as included in the latest interstate cost estimate approved by Congress, shall be available to the Secretary to incur obligations under section 103(e)(4) of title 23, United States Code, for the Federal share of the costs of such substitute project. (d) LIMITATION ON ELIGIBILITY.—By September 30, 1989, any substitute transit project approved under subsection (b) (for which the Secretary finds that suffi- cient Federal funds are available) must be under con- tract for construction or construction must have com- menced. If any such substitute transit project is not under contract for construction or construction has not commenced by such date, then immediately after such date, the Secretary shall withdraw approval of such project and no funds shall be appropriated under the authority of section 103(e)(4) of title 23, United States Code, for any such project. (e) ADMINISTRATIVE PROVISIONS.— (1) STATUS OF SUBSTITUTE PROJECT.—A substitute transit project approved under subsection (b) shall be deemed to be a substitute transit project for purposes of section 103(e)(4) of title 23, United States Code (other than subparagraphs (C) and (O)).

156 (2) REDUCTION OF UNOBLIGATED INTERSTATE APPORTIONMENTS.—Unobligated apportionments for the Interstate System in the State of California shall, on the date of approval of a substitute transit project under subsection (b), be reduced in the pro- portion that the Federal share of the costs of the construction of the eligible interstate lanes for which such project is substituted bears to the Fed- eral share of the total cost of all interstate routes in such State as reflected in the latest cost estimate approved by Congress. (3) ADMINISTRATION THROUGH FHWA.—The Sec- retary shall administer this section through the Federal Highway Administration. (f) ELIGIBLE INTERSTATE LANES DEFINED.—For pur- poses of this section, the term “eligible interstate lanes” means any high occupancy vehicle lanes and other lanes— (1) which are to be constructed on any highway in Los Angeles County, California, designated as a part of the National System of Interstate and De- fense Highways by section 140 of the Federal-Aid Highway Act of 1978; and (2) the costs of construction of which are included in the interstate cost estimate for 1985. Section 142. Substitute Transit Project in Oregon. (a) APPROVAL OF PROJECT.—Notwithstanding any other provision of law, upon the joint request of the Governor of the State of Oregon and the local govern- ments concerned, the Secretary may approve a substi- tute transit project for construction of a light rail tran- sit system in lieu of construction of any eligible interstate lanes if such substitute project is in or adja- cent to the proposed right-of-way for such lanes. (b) ELIGIBILITY FOR FEDERAL ASSISTANCE.—Upon ap- proval of any substitute transit project under subsection (a), the costs of construction of the eligible interstate lanes for which such project is substituted shall not be eligible for funds authorized under section 108(b) of the Federal-Aid Highway Act of 1956 and a sum equal to the Federal share of such costs, as included in the latest interstate cost estimate approved by Congress, shall be available to the Secretary to incur obligations under section 103(e)(4) of title 23, United States Code, for the Federal share of the costs of such substitute project. (c) LIMITATION ON ELIGIBILITY.—By September 30, 1989, any substitute transit project approved under subsection (a) (for which the Secretary finds that suffi- cient Federal funds are available) must be under con- tract for construction or construction must have com- menced. If any such substitute transit project is not under contract for construction or construction has not commenced by such date, then immediately after such date, the Secretary shall withdraw approval of such project and no funds shall be appropriated under the authority of section 103(e)(4) of title 23, United States Code, for such project. (d) ADMINISTRATIVE PROVISIONS.— (1) STATUS OF SUBSTITUTE PROJECT.—A substitute transit project approved under subsection (a) shall be deemed to be a substitute transit project for purposes of section 103(e)(4) of title 23, United States Code (other than subparagraphs (C) and (O)). (2) REDUCTION OF UNOBLIGATED INTERSTATE APPORTIONMENT.—Unobligated apportionments for the Interstate System in the State of Oregon shall, on the date of approval of a substitute transit pro- ject under subsection (a), be reduced in the propor- tion that the Federal share of the costs of the con- struction of the eligible interstate lanes for which such project is substituted bears to the Federal share of the total cost of all interstate routes in such State as reflected in the latest cost estimate approved by Congress. (3) ADMINISTRATION THROUGH FHWA.—The Sec- retary shall administer this section through the Federal Highway Administration. (e) ELIGIBLE INTERSTATE LANES DEFINED.—For pur- poses of this section, the term “eligible interstate lanes” means any bus lanes which are to be constructed on Interstate Route I-205 in Oregon. * * * Title III—Federal Mass Transportation Act of 1987385 Section 301. Short Title. This title may be cited as the “Federal Mass Trans- portation Act of 1987”. * * * Section 317. Bus Testing.386 * * * (b) BUS TESTING FACILITY.— (1) ESTABLISHMENT .—The Secretary shall estab- lish a facility for testing new bus models for main- tainability, reliability, safety, performance (includ- ing braking performance), structural integrity, fuel economy, emissions, and noise. Such facility shall be established by renovation of a facility con- structed with Federal assistance for the purpose of training rail personnel. 385 The primary provisions of tit. III of the Surface Transpor- tation and Relocation Assistance Act of 1987 amended the Ur- ban Mass Transportation (UMT) Act of 1964. Changes to the UMT Act, as codified into chap. 53, tit. 49, have been incorpo- rated into the text in part I. The sections that follow are provi- sions that did not amend the UMT Act of 1964 or other acts set out in this part. 386 Subsec. (a) of § 317 added subsec. (h) to § 12 of the Fed- eral Transit Act.

157 (2) OPERATION.—The Secretary shall enter into a contract with a qualified person to operate and maintain the facility established under paragraph (1) for testing new bus models for maintainability, reliability, safety, performance, structural integ- rity, fuel economy, and noise. Such contract may provide for the testing of rail cars and other vehi- cles at such facility. (3) COLLECTION OF FEES.—Under the contract en- tered into under paragraph (2), the person operat- ing and maintaining the facility shall establish and collect fees for the testing of vehicles at the facility. Such fees shall be subject to the approval of the Secretary. (4) NEW BUS MODEL DEFINED.—For purposes of this subsection, the term "new bus model" has the meaning such term has under section 12(h)(2) of the Urban Mass Transportation Act of 1964. (5) FUNDING.—There shall be available to the Secretary out of the Mass Transit Account of the Highway Trust Fund for establishment of the facil- ity under paragraph (1) $200,000 for fiscal year 1987 and $3,000,000 for fiscal year 1988, for expan- sion of such facility $1,500,000 for fiscal year 1992, and for establishment of a revolving fund under paragraph (6) $2,500,000 for fiscal year 1992. Funds made available by this paragraph shall re- main available until expended and shall not be sub- ject to any obligation limitation. (6) REVOLVING LOAN FUND.—The Secretary shall establish a bus testing revolving loan fund with amounts authorized for such purpose under para- graph (5). The Secretary shall make available as repayable advances amounts from the fund to the person described in paragraph (3) for operating and maintaining the facility. * * * Section 329. Increased Operating Assistance During Construction of Interstate Project. Upon request of the State of Florida and the desig- nated recipients under section 9 of the Urban Mass Transportation Act of 1964 for the urbanized areas of Fort Lauderdale and Miami, Florida, the amount of funds apportioned after September 30, 1987, under such section with respect to such urbanized areas which may otherwise be used for operating assistance under such section shall be increased by $4,400,000 for each fiscal year. The increased operating assistance may only be used for commuter rail service. Section 330. Bus Service Deterioration. The Congress finds and declares that there has been a serious problem involving the deterioration of bus service for people residing in the small communities and rural areas of the several States, and recognizes the need to consider the best ways and means to rem- edy such problem. * * * Section 331. BART Study. (a) STUDY.—The Secretary, in cooperation with the San Francisco Bay Area Rapid Transit District and the Metropolitan Transportation Commission, shall under- take a comprehensive study of the future of the Bay Area Rapid Transit System. The study shall focus on the development of financing alternatives for the first phase rail extensions identified in the Regional Trans- portation Plan. (b) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study described in subsection (a). Section 332. Tactile Mobility Aids. (a) STUDY.—The Secretary shall conduct a study of the feasibility of developing and implementing stan- dards for the use, in transportation facilities and equipment constructed or acquired with assistance un- der the Urban Mass Transportation Act of 1964, title 23, United States Code, or other laws administered by the Department of Transportation, of tactile mobility aids in order to facilitate the safe access to and use of such facilities and equipment by visually impaired and legally blind persons. (b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary shall transmit a report to the Congress on the results of such study, in- cluding such recommendations for legislation as may be necessary to implement such standards. * * * Section 334. Feasibility Study of Abandoned Trolley Service. (a) STUDY.—The Secretary, in cooperation with the city of Philadelphia, Pennsylvania, shall conduct a study of the feasibility of restoring trolley service to corridors on which trolley service has been abandoned in such city. (b) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study conducted under subsection (a). Section 335. Comprehensive Transit Plan for the Virgin Islands. (a) STUDY.—The Secretary, in cooperation with the Virgin Islands Department of Public Works, shall study and analyze the mass transportation needs of the Vir- gin Islands for the purpose of developing a comprehen- sive mass transportation plan for the Virgin Islands. (b) REPORT AND PLAN.—Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study and analysis conducted under subsection (a) to-

158 gether with a copy of the mass transportation plan which the Secretary recommends for the Virgin Islands. Section 336. Transfer of Section 9 Funds. The Governor of Nevada, after consultation with all urbanized areas within Nevada, may transfer not to exceed $10,000,000 of unused apportionments under sections 9A and 9 of the Urban Mass Transportation Act of 1964 for use for urban mass transportation pur- poses in Santa Clara County, California. *** Section 338. Multi-Year Contract for Metro Rail Project. (a) SUPPLEMENTAL EIS.—Not later than 10 days after the date of the enactment of this Act and in accordance with the National Environmental Policy Act of 1969, the Secretary shall begin the preparation of a supple- mental environmental impact statement necessary as a result of alignment changes within the Minimum Oper- able Segment-2 portion of the Downtown Los Angeles to San Fernando Valley Metro Rail Project. The Secretary shall publish a notice of the completion of the final sup- plemental environmental impact statement in the Fed- eral Register. If the Secretary has not published such notice within 5 months after the date of the enactment of this Act, the Secretary shall report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Banking, Hous- ing, and Urban Affairs of the Senate on the status of the completion of such final supplemental environ- mental impact statement. The Secretary shall continue to report to those committees every 30 days on the status of the completion of the final supplemental envi- ronmental impact statement, including any proposed revisions to the statement, until a notice of the comple- tion of such statement is published in the Federal Reg- ister. (b) AMENDMENT TO EXISTING CONTRACT.— Notwithstanding any other provision of law, not later than 30 days after the publication of a notice of comple- tion of a final supplemental environmental impact statement under subsection (a), the Secretary shall— (1) issue a record of decision which approves the construction of the locally preferred Minimum Op- erable Segment-2 alternative, and (2) execute an amendment to the existing full- funding contract under section 3 of the Urban Mass Transportation Act of 1964 with the Southern Cali- fornia Rapid Transit District (or its successor) for the construction of Minimum Operable Segment-1 of such project, in order to include the construction of such Minimum Operable Segment-2 alternative in such contract. (c) PAYMENT OF FEDERAL SHARE.— (1) FEDERAL SHARE.—The amended contract un- der subsection (b) shall provide that the Federal share of the cost of construction of the Minimum Operable Segment-1 portion of the Downtown Los Angeles to San Fernando Valley Metro Rail Project shall be $605,300,000 and that the Federal share of the cost of construction of the Minimum Operable Segment-2 portion of such project shall be $667,000,000. (2) PAYMENT.—The amended contract under sub- section (b) shall provide that the Federal share of the cost of such project shall be paid by the Secre- tary from amounts provided under section 3 of the Urban Mass Transportation Act of 1964 for con- struction of new fixed guideway systems and exten- sions to fixed guideway systems, as follows: (A) not to exceed $107,900,000 for fiscal year 1987; (B) not to exceed $300,000,000 for fiscal years 1987 and 1988; (C) not to exceed $490,000,000 for fiscal years 1987, 1988, and 1989; (D) not to exceed $680,000,000 for fiscal years 1987, 1988, 1989, and 1990; and (E) not to exceed $870,000,000 for fiscal years 1987, 1988, 1989, 1990, and 1991. (d) ADVANCE CONSTRUCTION.— (1) UNDER THE CONTRACT.—The amended contract under subsection (b) shall provide that the South- ern California Rapid Transit District (or successor) may construct any portion of the Downtown Los Angeles to San Fernando Valley Metro Rail Project in accordance with section 3(l) of the Urban Mass Transportation Act of 1964, except that such dis- trict (or successor) shall not be required to apply to and receive approval of the Secretary before carry- ing out any such construction. (2) ON MOS-1 BEFORE EXECUTION OF CONTRACT.— At any time after the date of the enactment of this section, the Southern California Rapid Transit Dis- trict (or successor) may construct any portion of the Minimum Operable Segment-1 portion of such pro- ject in accordance with section 3(l) of the Urban Mass Transportation Act of 1964, except that such district (or successor) shall not be required to apply to and receive approval of the Secretary before car- rying out any such construction. (3) REIMBURSEMENT SCHEDULE.—The amended contract under subsection (b) shall provide that the Secretary shall reimburse the Southern California Rapid Transit District (or successor), from any amounts provided under section 3 of the Urban Mass Transportation Act of 1964 for fiscal years 1992 through 1994, for the Federal share of the net project costs incurred by such district (or successor) under paragraphs (1) and (2) (including the amount of any interest earned and payable on bonds as provided in section 3(l)(2) of the Urban Mass Transportation Act of 1964), as follows: (A) not later than September 30, 1992, the Secretary shall reimburse such district (or suc- cessor) a total of $467,100,000 (plus such inter- est), less amounts provided under subsection (c)(2) for fiscal years 1988 through 1990;

159 (B) not later than September 30, 1993, the Secretary shall reimburse such district (or suc- cessor) a total of $622,100,000 (plus such inter- est), less amounts provided under subsection (c)(2) for fiscal years 1988 through 1991; and (C) not later than September 30, 1994, the Secretary shall reimburse such district (or suc- cessor) a total of $762,100,000 (plus such inter- est), less amounts provided under subsection (c)(2) for fiscal years 1988 through 1991. (4) DELAYS IN PUBLICATION OF NOTICE OF SUPPLEMENTAL EIS.—If the Secretary does not pub- lish a notice of the completion of the final supple- mental environmental impact statement in the Federal Register under subsection (a) on or before September 30, 1988, each date or year listed in paragraph (3) of this subsection shall be delayed one year. For each full year after such date in which such notice is not published, each such date or year shall be delayed one more year. SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982 (PUBLIC LAW 97-424, JANUARY 6, 1983) * * * Title I—Highway Improvement Act of 1982 * * * Section 105. Authorizations. (f) Except to the extent that the Secretary determines otherwise, not less than 10 per centum of the amounts authorized to be appropriated under this Act shall be expended with small business concerns owned and con- trolled by socially and economically disadvantaged indi- viduals as defined by section 8(d) of the Small Business Act (15 U.S.C. section 637(d)) and relevant subcontract- ing regulations promulgated pursuant thereto. * * * Section 165. Buy America.387 (a) Notwithstanding any other provision of law, the Secretary of Transportation shall not obligate any funds authorized to be appropriated by this Act or by any Act amended by this Act or, after the date of enactment of this Act, any funds authorized to be appropriated to carry out this Act, title 23, United States Code, the Ur- ban Mass Transportation Act of 1964, or the Surface Transportation Assistance Act of 1978 and adminis- tered by the Department of Transportation, unless 387 Buy America is now addressed in 49 U.S.C. § 5323(j). Sec. 165 had been inserted by sec. 165 of Pub. L. No. 97-424, which repealed § 401 of Pub. L. No. 95-599, the prior Buy America provision. steel, iron,388 and manufactured products used in such project are produced in the United States. (b) The provisions of subsection (a) of this section shall not apply where the Secretary finds— (1) that their application would be inconsistent with the public interest; (2) that such materials and products are not pro- duced in the United States in sufficient and rea- sonably available quantities and of a satisfactory quality; (3) in the case of the procurement of bus and other rolling stock (including train control, commu- nication, and traction power equipment) under the Urban Mass Transportation Act of 1964, that (A) the cost of components and subcomponents389 which are produced in the United States is more than 50390 per centum of the cost of all components of the vehicle or equipment described in this paragraph, and (B) final assembly of the vehicle or equipment described in this paragraph has taken place in the United States; (4) that inclusion of domestic material will in- crease the cost of the overall project contract by more than 25 percent.391 (c) For purposes of this section, in calculating compo- nents' costs, labor costs involved in final assembly shall not be included in the calculation. (d) The Secretary of Transportation shall not impose any limitation or condition on assistance provided un- der this Act, the Urban Mass Transportation Act of 1964, the Surface Transportation Assistance Act of 1978, or title 23, United States Code, which restricts any State from imposing more stringent requirements than this section on the use of articles, materials, and 388 Sec. 1048(a) of Pub. L. No. 102-240 amended subsec. (a) by adding "iron”. 389 Sec. 337(b) of Pub. L. No. 100-17 amended § 165 by add- ing "and subcomponents”. Sec. 337(d) provided that the amendment does not apply to any contract awarded pursuant to bids that were outstanding on the date of enactment, Apr. 2, 1987. 390 Sec. 337(a)(1)(A) of Pub. L. No. 100-17 changed the 50 percent cost limit of § 165(b)(3) to 55 percent as of Oct. 1, 1989. Sec. 337(a)(1)(B) of Pub. L. No. 100-17 changed the 55 percent cost limit to 60 percent as of Oct. 1, 1991. Sec. 337(a)(2) of Pub. L. No. 100-17 provides that the new limits shall apply only to contracts entered into on or after their respective effective dates, except that the new limits shall not apply "with respect to any supplier or contractor or any successor in interest or assignee which qualified under the provisions of section 165(b)(3) of the Surface Transportation Assistance Act of 1982 prior to the date of enactment of this Act under a contract en- tered into prior to April 1, 1992.” The date of enactment re- ferred to is Apr. 2, 1987. 391 Sec. 337(c) of Pub. L. No. 100-17 amended § 165(b)(3) by striking "10 per centum in the case of projects for the acquisi- tion of rolling stock, and 25 per centum in the case of all other projects." and inserting "25 percent.” Sec. 337(d) of Pub. L. No. 100-17 provided the amendment does not apply to any contract awarded pursuant to bids that were outstanding on the date of enactment, Apr. 2, 1987.

160 supplies mined, produced, or manufactured in foreign countries in projects carried out with such assistance or restricts any recipient of such assistance from comply- ing with such State imposed requirements. (e)392 REPORT ON WAIVERS.—By January 1, 1995, the Secretary shall submit to Congress a report on the pur- chases from foreign entities waived under subsection (b) in fiscal years 1992 and 1993, indicating the dollar value of items for which waivers were granted under subsection (b). (f) INTENTIONAL VIOLATIONS.—If it has been deter- mined by a court or Federal agency that any person intentionally— (1) affixed a label bearing a "Made in America" inscription, or any inscription with the same mean- ing, to any product used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or (2) represented that any product used in projects to which this section applies, sold in or shipped to the United States that was not produced in the United States, was produced in the United States; that person shall be ineligible to receive any con- tract or subcontract made with funds authorized under the Intermodal Surface Transportation Effi- ciency Act of 1991 pursuant to the debarment, sus- pension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regula- tions. (g) LIMITATION ON APPLICABILITY OF WAIVERS TO PRODUCTS PRODUCED IN CERTAIN FOREIGN COUNTRIES.— If the Secretary, in consultation with the United States Trade Representative, determines that— (1) a foreign country is a party to an agreement with the United States and pursuant to that agreement the head of an agency of the United States have waived the requirements of this sec- tion, and (2) the foreign country has violated the terms of the agreement by discriminating against products covered by this section that are produced in the United States and are covered by the agreement, the provisions of subsection (b) shall not apply to products produced in that foreign country. * * * 392 Sec. 1048(b) of Pub. L. No. 102-240 added subsecs. (e)-(g). TITLE III—FEDERAL PUBLIC TRANSPORTATION ACT OF 1982393 Section 301. Short Title. This title may be cited as the “Federal Public Trans- portation Act of 1982.” * * * Section 310. Performance Reports.394 * * * 49 U.S.C. § 308. Reports. (e)(1) The Secretary shall submit a report to Congress in January of each even-numbered year of estimates by the Secretary on the current performance and condition of public mass transportation systems with recommen- dations for necessary administrative or legislative changes. (2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for 1-year, 5- year, and 10-year periods at specified levels of service. 393 The primary provisions of tit. III of the Surface Transpor- tation Assistance Act of 1982 amended the UMT Act of 1964. Changes to the UMT Act, as codified into chap. 53, tit. 49, have been incorporated into the text in part I. The sections that follow are provisions that did not amend the UMT Act. 394 Pub. L. No. 98-216, Feb. 14, 1984, repealed and recodified § 310 at 49 U.S.C. § 308(e). The recodified text is set out above. Sec. 310 reads as follows: Performance Reports Section 310. (a) The Secretary of Transportation shall report to Congress in January of 1984 and in January of every second year thereafter his estimates of the current performance and condition of public mass transportation system together with recommendations for any necessary administrative or legislative revisions. (b) In reporting to Congress pursuant to this section, the Sec- retary shall prepare a comprehensive assessment of public transportation facilities in the United States. The Secretary shall also assess future needs for such facilities and estimate fu- ture capital requirements and operation and maintenance re- quirements for 1-, 5-, and 10-year periods at specified levels of service.

161 Section 311. Construction Condition.395 Hartsfield International Airport will be constructed simultaneously in usable segments so that revenue pas- senger service to Doraville and such airport shall com- mence at approximately the same time. This section shall apply until priorities different from those set forth in the preceding sentence are adopted after September 30, 1983, by a valid act of the Georgia General Assem- bly and by a valid resolution of the Board of the Metro- politan Atlanta Rapid Transit Authority. Section 312. Loan Repayment. (a) The Massachusetts Bay Transportation Authority shall have no obligation to repay the United States 80 per centum of the principal and the interest owed on the following loans entered into with the Secretary of Transportation under the Urban Mass Transportation Act of 1964 for the acquisition of rights-of-way the loan numbered MA03-9001 entered into on January 26, 1973, and the loan numbered MA23-9010 entered into on December 20, 1976. (b)(1) The Secretary of Transportation may convert the remaining 20 per centum of the principal and inter- est owed on the loans described in subsection (a) to grants under the conditions set forth in paragraph (2). (2) In lieu of the local matching share otherwise re- quired, the grant agreement may provide that State or local funds shall be committed to public transportation projects in the urbanized area, on a schedule acceptable to the Secretary of Transportation, in an amount equal to the local share that would have been required had the amount of principal and interest forgiven under subsection (a) been the Federal share of a capital grant made when the original loan was made. The State or local funds contributed under the terms of the preced- ing sentence shall be made available for capital projects eligible for funding under section 3(a) of the Urban Mass Transportation Act of 1964 and may not be used to satisfy the local matching requirements for any other grant project. Section 314. Feasibility Study. (a)396 Upon request of a local public body eligible to re- 395 Sec. 311 was repealed by Pub. L. No. 98-6. Sec. 311 read as follows: Section 311. The Secretary of Transportation shall only make available Federal financial assistance to the Metropolitan At- lanta Rapid Transit Authority for the construction of the pro- posed fixed rail line from Doraville, Georgia, to the Atlanta Hartsfield International Airport on the condition that the por- tion of such line extending north from Lenox Station to Dora- ville and the portion of such line extending south from Lake- wood Station to the Atlanta Hartsfield International Airport will be constructed simultaneously in usable segments so that revenue passenger service to Doraville and such airport shall commence at approximately the same time. This section shall apply until priorities different from those set forth in the preced- ing sentence are adopted after September 30, 1983, by a valid act of the Georgia General Assembly and by a valid resolution of the Board of the Metropolitan Atlanta Rapid Transit Authority. ceive a grant under the Urban Mass Transportation Act of 1964, the Secretary of Transportation shall make a grant to such public body to conduct a feasibility study to examine the possibility of constructing and operating an electric bus line with the advanced and environmen- tally sound electric bus technology that is being devel- oped in the State of California for the Santa Barbara transit system. (b) Notwithstanding section 21(a)(2) of the Urban Mass Transportation Act of 1964, of the amount made available by such section 21(a)(2) for the fiscal year end- ing September 30, 1983, $500,000 shall be available only to carry out this section and such amount shall remain available until expended. Section 315. Study of Long-Term Leverage Financing. The Secretary of Transportation shall conduct a study on the feasibility of providing an assured flow of Fed- eral funds under long-term contracts with local or State transit authorities for use in leveraging further capital assistance from State or local government or private sector sources. Within six months of the date of enact- ment of this Act, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Public Works and Transportation of the House a report of such study. * * * TITLE V—HIGHWAY REVENUE ACT OF 1982 * * * Subtitle D—Highway Trust Fund; Mass Transit Account Section 531. Establishment of Mass Transit Account. * * * (e) ESTABLISHMENT OF MASS TRANSIT ACCOUNT.— (1) CREATION OF ACCOUNT.—There is established in the Highway Trust Fund a separate account to be known as the "Mass Transit Account" consisting of such amounts as may be transferred or credited to the Mass Transit Account as provided in this subsection or section 9602(b). 396 Sec. 333 of Pub. L. No. 100-17 substantially amended § 314(a). The former subsec. (a) read as follows: (a) The Secretary of Transportation shall make a grant to the Massachusetts Bay Transportation Authority to conduct a feasi- bility study to examine the possibility of replacing either any or all three of the existing electric trolley bus lines (and thereby eliminating the overhead power lines) in Cambridge, Massachu- setts, with the more advanced and equally environmentally sound electric bus technology that is being developed in the State of California for the Santa Barbara transit system.

162 (2) TRANSFERS TO MASS TRANSIT ACCOUNT.—The Secretary of the Treasury shall transfer to the Mass Transit Account one-ninth of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after March 31, 1983. (3) EXPENDITURES FROM ACCOUNT.—Amounts in the Mass Transit Account shall be available, as provided by appropriation Acts, for making capital expenditures before October 1, 1988 (including capital expenditures for new projects) in accordance with section 21(a)(2) of the Urban Mass Transpor- tation Act of 1964. (4) LIMITATION.—Rules similar to the rules of subsection (d) shall apply to the Mass Transit Ac- count except that subsection (d)(1) shall be applied by substituting “12-month” for “24-month”. SURFACE TRANSPORTATION ASSISTANCE ACT OF 1978397 (PUBLIC LAW 95-599, NOVEMBER 11, 1978) * * * Title III—Federal Public Transportation Act of 1978 Section 316. Loan Forgiveness. (a) The Secretary of Transportation may convert equipment and facilities loans heretofore made under section 3(a) of the Urban Mass Transportation Act of 1964 or title II of the Housing Amendments of 1955 (42 U.S.C. 14924), to grants under the conditions set forth below. A grant agreement for the acquisition, construc- tion, reconstruction, or improvement of facilities and equipment under section 3(a) of the Urban Mass Trans- portation Act of 1964 may provide for forgiveness of principal and interest on a loan previously made in lieu of a cash grant in the amount forgiven. Such grant shall be subject to such terms and conditions as the Secretary may deem necessary and appropriate, taking into ac- count the degree of completion of the project financed with the loan. (b) In lieu of the local matching share otherwise re- quired, the grant agreement may provide that State or local funds shall be committed to public transportation projects in the urbanized area, on a schedule acceptable to the Secretary, in an amount equal to the local share that would have been required had the amount of prin- cipal and interest forgiven been the Federal share of a capital grant made when the original loan was made. The State or local funds contributed under the terms of the preceding sentence shall be made available for capi- 397 The primary provisions of tit. III of the Surface Transpor- tation Assistance Act of 1978 amended the UMT Act of 1964. Changes to the UMT Act, as codified into chap. 53, tit. 49, have been incorporated into the text in part I. The sections that follow are provisions that did not amend the UMT Act. tal projects eligible for funding under section 3(a) of the Urban Mass Transportation Act of 1964 and may not be used to satisfy the local matching requirements for any other grant project. * * * Section 320. Waterborne Transportation Demonstration Project. (a) The Secretary of Transportation shall carry out a demonstration project using high-speed water-borne transportation equipment and facilities and operating in, and in the vicinity of, New York, New York, for the purpose of determining the feasibility of utilizing this technology in providing certain public mass transporta- tion service. The Secretary shall report to Congress the results of such project no later than September 30, 1981, together with his recommendations. (b) There is authorized to be appropriated to carry out the provisions of subsection (a) not to exceed $25,000,000. NATIONAL MASS TRANSPORTATION ASSISTANCE ACT OF 1974 (PUBLIC LAW 93-503, NOVEMBER 26, 1974)398 An Act To amend the Urban Mass Transportation Act of 1964 to provide increased assistance for mass transpor- tation systems. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress as- sembled, that this Act may be cited as the “National Mass Transportation Assistance Act of 1974.” Section 2. Findings. The Congress finds that— (1) over 70 per centum of the Nation's population lives in urban areas; (2) transportation is the lifeblood of an urbanized society and the health and welfare of that society depends upon the provision of efficient economical and convenient transportation within and between its urban area [sic]; (3) for many years the mass transportation in- dustry satisfied the transportation needs of the ur- ban areas of the country capably and profitably; (4) in recent years the maintenance of even minimal mass transportation service in urban ar- eas has become so financially burdensome as to threaten the continuation of this essential public service; (5) the termination of such service or the contin- 398 The primary provisions of the National Mass Transporta- tion Assistance Act of 1974 amended the UMT Act of 1964. Changes to the UMT Act, as codified into chap. 53, tit. 49, have been incorporated into the text in part I. The sections that follow are provisions that did not amend the UMT Act.

163 ued increase in its cost to the user is undesirable, and may have a particularly serious adverse effect upon the welfare of a substantial number of lower income persons; (6) some urban areas are now engaged in devel- oping preliminary plans for, or are actually carry- ing out, comprehensive projects to revitalize their mass transportation operations; and (7) immediate substantial Federal assistance is needed to enable many mass transportation sys- tems to continue to provide vital service. Title I—Increased Mass Transportation Assistance * * * Section 107. Investigation of Safety Hazards in Urban Mass Transportation Systems.399 Section 108. Fares for Elderly and Handicapped Persons. Nothing contained in this title shall require the charging of fares to elderly and handicapped persons. * * * Title II—Fare-Free Mass Transportation Section 201. Demonstrations. The Secretary of Transportation (hereinafter referred to as the “Secretary”) shall enter into such contracts or other arrangements as may be necessary for research and the development, establishment, and operation of demonstration projects to determine the feasibility of fare-free urban mass transportation systems. Section 202. Federal grants or payments for the purpose of assist- ing such projects shall cover not to exceed 80 per cen- tum of the cost of the project involved, including the 399 Sec. 107 of the National Mass Transportation Assistance Act of 1974 was repealed by sec. 318(a) of the Surface Trans- portation Assistance Act of 1982 (Pub. L. No. 97-424). Sec. 107 was replaced by § 22 of the UMT Act as amended by Pub. L. No. 97-424. The text of § 107 read: The Secretary of Transportation shall investigate unsafe con- ditions in any facility, equipment, or manner or [sic] operation financed under this Act which creates a serious hazard of death or injury for the purpose of determining its nature and extent and the means which might best be employed to eliminate or correct it. If the Secretary determines that such facility, equip- ment, or manner of operation is unsafe, he shall require the State or local public body or agency to submit to the Secretary a plan for correcting the unsafe facility, equipment, or manner of operation, and the Secretary may withhold further financial as- sistance to the applicant until such plan is approved or imple- mented. operating costs and the amortization of capital costs for any fiscal year for which such contract or other ar- rangement is in effect. Section 203. The Secretary shall select cities or metropolitan areas for such projects in accordance with the following: (1) to the extent practicable, such cities or metro- politan areas shall have a failing or nonexistent or marginally profitable transit system, a decaying central city, automobile-caused air pollution prob- lems, and immobile central city population; (2) several projects should be selected from cities or metropolitan areas of differing sizes and popula- tions; (3) a high level of innovative service must be pro- vided including the provision of crosstown and other transportation service to the extent necessary for central city residents and others to reach em- ployment, shopping, and recreation; and (4) to the extent practicable, projects utilizing dif- ferent modes of mass transportation shall be ap- proved. Section 204. The Secretary shall study fare-free systems assisted pursuant to this title, and other financially assisted urban mass transportation systems providing reduced fares for the purpose of determining the following: (1) the effects of such systems on (i) vehicle traffic and attendant air pollution, congestion, and noise, (ii) the mobility of urban residents, and (iii) the economic viability of central city business; (2) the mode of mass transportation that can best meet the desired objectives; (3) the extent to which frivolous ridership in- creases as a result of reduced fare or fare-free sys- tems; (4) the extent to which the need for urban high- ways might be reduced as a result of reduced fare or fare-free systems; and (5) the best means of financing reduced fare or fare-free transportation on a continuing basis. Section 205. The Secretary shall make annual reports to the Con- gress on the information gathered pursuant to section 204 of this title and shall make a final report of his find- ings, including any recommendations he might have to implement such findings, not later than June 30, 1975. Section 206. In carrying out the provisions of this title, the Secre- tary shall provide advisory participation by interested State and local government authorities, mass transpor- tation systems management personnel, employee repre- sentatives, mass transportation riders, and any other persons that he may deem necessary or appropriate.

164 Section 207. There are hereby authorized to be appropriated not to exceed $20,000,000 for each of the fiscal years ending on June 30, 1975, and June 30, 1976, respectively, to carry out the provisions of this title. * * * FEDERAL-AID HIGHWAY AMENDMENTS OF 1974 (PUBLIC LAW 93-643, JANUARY 4, 1975) * * * Section 105. Transportation for Elderly and Handicapped Persons. (a) It is hereby declared to be the national policy that elderly and handicapped persons have the same right as other persons to utilize mass transportation facilities and services; that special efforts shall be made in the planning, design, construction, and operation of mass transportation facilities and services so that the avail- ability to elderly and handicapped persons of mass transportation which they can effectively utilize will be assured; and that all Federal programs offering assis- tance for mass transportation (including the programs under title 23, United States Code, the Federal-Aid Highway Act of 1973, and this Act) effectively imple- ment this policy. * * * FEDERAL-AID HIGHWAY ACT OF 1973400 (PUBLIC LAW 93-87, AUGUST 13, 1973) * * * Section 138. Public Mass Transportation Studies. (a) The Secretary shall, in cooperation with the Gov- ernor of each State and appropriate local officials, make an evaluation of that portion of the 1972 National Transportation Report, pertaining to public mass transportation. Such evaluation shall include all urban areas. The evaluation shall include but not be limited to the following: (1) Refining the public mass transportation needs contained in such report. (2) Developing a program to accomplish the needs of each urban area for public mass transportation. (3) Analyzing the existing funding capabilities of Federal, State, and local governments for meeting such needs. (4) Analyzing other funding capabilities of Fed- eral, State, and local governments for meeting such needs. (5) Determining the operating and maintenance cost relating to the public mass transportation sys- 400 The primary provisions of the Federal-Aid Highway Act of 1973 amended tit. 23 of the U.S.C. The provisions that follow are those that did not amend tit. 23, but are of interest to FTA. tem. (6) Determining and comparing fare structures of all public mass transportation systems. The Secretary shall, not later than July 1, 1974, re- port to Congress the results of this evaluation together with his recommendations for necessary legislation. (b) The Secretary shall conduct a study of revenue mechanisms, including a tax on fuels used in the provi- sion of urban mass transportation service, and an addi- tional gasoline tax imposed in urban areas, which could be used now or in the future to finance transportation activities receiving financial assistance from the High- way Trust Fund. Such study shall include an analysis of the magnitude of the various potential sources of user tax revenues, the rates at which such taxes could be levied (including possible differential rates), the mechanisms for collection of such taxes, the incidence of such taxes, and the potential impact on transit usage caused by such taxes. The Secretary shall report to the Congress the findings of his study by no later than the 180th day after the date of enactment of this section. (c) There is hereby authorized not to exceed $10,000,000 to carry out this section. * * * Section 140. Metro Accessibility to the Handicapped. The Secretary of Transportation is authorized to make payments to the Washington Metropolitan Area Transit Authority in amounts sufficient to finance 80 per centum of the cost of providing such facilities for the subway and rapid rail transit system authorized in the National Capital Transportation Act of 1969 (83 Stat. 320) as may be necessary to make such subway and system accessible by the handicapped through imple- mentation of Public Laws 90-480 and 91-205. There is authorized to be appropriated, to carry out this section, not to exceed $65,000,000. * * * Section 146. High-Speed Transportation Demonstration. The Secretary is authorized to undertake a study and demonstration program for high-speed bus service from collection points in the Washington, District of Colum- bia area to Dulles International Airport, Virginia. Such study and demonstration shall utilize exclusive bus transportation lanes between points of origin and ter- mination of such service, and include, where necessary, the construction of such exclusive bus transportation lanes as well as terminal and parking facilities. Such study and demonstration shall also include the pur- chase of high-speed buses. As necessary to implement this section, the Secretary shall undertake research into the development of buses designed to maintain high- speed, safe transportation. Not to exceed $10,000,000 of the amount authorized to be apportioned under section 104(b)(6) of title 23, United States Code, for the fiscal

165 year ending June 30, 1975, shall be available to the Secretary to carry out this section and such sum shall be set aside for such purpose prior to the apportionment of such amount for such fiscal year. * * * Section 147. Rural Highway Public Transportation Demonstration Program. (a) To encourage the development, improvement, and use of public mass transportation systems operating vehicles on highways for transportation of passengers within rural areas and small urban areas, and between such areas and urbanized areas, in order to enhance access of rural populations to employment, health care, retail centers, education, and public services, there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1975, and $60,000,000 for the fis- cal year ending June 30, 1976, of which $50,000,000 shall be out of the Highway Trust Fund, to the Secre- tary of Transportation to carry out demonstration pro- jects for public mass transportation on highways in ru- ral areas and small urban areas. Projects eligible for Federal funds under this section shall include highway traffic control devices, the construction of passenger loading areas and facilities, including shelters, fringe and transportation corridor parking facilities to serve bus and other public mass transportation passengers, the purchase of passenger equipment other than rolling stock for fixed rail, and the payment from the General Fund for operating expenses incurred as a result of pro- viding such service. To the extent intercity bus service is provided under the program, preference shall be given to private bus operators who lawfully have pro- vided rural highway passenger transportation over the routes or within the general area of the demonstration project. (b) Prior to the obligation of any funds for a demon- stration project under this section, the Secretary shall provide for public notice of any application for funds under this section which notice shall include the name of the applicant and the area to be served. Within sixty days thereafter a public hearing on the project shall be held within the proposed service area.401 401 As amended by Federal-Aid Highway Amendments of 1974 (Pub. L. No. 93-643, § 103, Jan. 4, 1975). The text of § 147 as it read prior to amendments is as follows: Section 147. To encourage the development, improvement, and use of public mass transportation systems operating vehi- cles on highways for transportation of passengers within rural areas, in order to enhance access of rural populations to em- ployment, health care, retail centers, education, and public ser- vices, there are authorized to be appropriated $30,000,000 for the two-fiscal-year period ending June 30, 1976, of which $20,000,000 shall be out of the Highway Trust Fund, to the Sec- retary of Transportation to carry out demonstration projects for public mass transportation on highways in rural areas. Projects eligible for Federal funds under this section shall include high- way traffic control devices, the construction of passenger loading areas and facilities, including shelters, fringe and transporta- tion corridor parking facilities to serve bus and other public * * * Section 164. Financial Assistance Agreements. (a) No Federal financial assistance shall be provided under (1) subsection (a) or (c) of section 142, title 23, United States Code, or (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, for the purchase of buses to any applicant for such assistance unless such applicant and the Secretary of Transporta- tion shall have first entered into an agreement that such applicant will not engage in charter bus operations outside of the urban area (or areas) within which it pro- vides regularly scheduled mass transportation service, except as provided in an agreement authorized and re- quired by section 3(f) of the Urban Mass Transportation Act of 1964, which section shall apply to Federal finan- cial assistance for the purchase of buses under the pro- visions of title 23, United States Code, referred to in clauses (1) and (2) of this sentence.402 (b) No Federal financial assistance shall be provided under (1) subsection (a) or (c) of section 142, title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) the Urban Mass Transportation Act of 1964, for the pur- chase of buses to any applicant for such assistance unless such applicant and the Secretary of Transporta- tion shall have first entered into an agreement that such applicant will not engage in school bus operations, exclusively for the transportation of students and school personnel, in competition with private school bus opera- tors. This subsection shall not apply to an applicant with respect to operations of a school bus program if the applicant operates a school system in the area to be served and operates a separate and exclusive school bus program for this school system. This subsection shall mass transportation passengers, and the purchase of passenger equipment other than rolling stock for fixed rail. 402 Sec. 164(a) of the Federal-Aid Highway Act of 1973 was amended by sec. 813(b) of the Housing and Community Devel- opment Act of 1974, Aug. 22, 1974 (Pub. L. No. 93-383, 88 Stat. 633). Prior to its amendment, § 164(a) read as follows: Section 164. (a) No Federal financial assistance shall be pro- vided under (1) subsection (a) or (c) of section 142, title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) the Urban Mass Trans- portation Act of 1964, for the purchase of buses to any applicant for such assistance unless such applicant and the Secretary of Transportation shall have first entered into an agreement that such applicant will not engage in charter bus operations in com- petition with private bus operators outside of the area within which such applicant provides regularly scheduled mass trans- portation service. A violation of such agreement shall bar such applicant from receiving any other Federal financial assistance under those provisions of law referred to in clauses (1), (2), and (3) of this subsection. Sec. 813(c) of the act requires the Secretary of Transporta- tion to amend any agreements entered into pursuant to § 164(a) to conform to the requirements of the amendments made by that section, and it states that “(t)he effective date of such conformed agreements shall be the effective date of the original agreements entered into pursuant to such section 164(a).”

166 not apply unless private school bus operators are able to provide adequate transportation, at reasonable rates, and in conformance with applicable safety standards, and this subsection shall not apply with respect to any State or local public body or agency thereof if it (or a direct predecessor in interest from which it acquired the function of so transporting school children and person- nel along with facilities to be used therefor) was so en- gaged in school bus operations any time during the twelve-month period immediately prior to the date of the enactment of this subsection. A violation of an agreement under this subsection shall bar such appli- cant from receiving any other Federal financial assis- tance under those provisions of law referred to in clauses (1), (2), and (3) of this subsection. Section 165. Bus and Other Project Standards. (a) The Secretary of Transportation shall require that buses acquired with Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of subsection (e) of sec- tion 103, title 23, United States Code, or (3) section 147 of the Federal-Aid Highway Act of 1973 meet the stan- dards prescribed by the Administrator of the Environ- mental Protection Agency under section 202 of the Clean Air Act, and under section 6 of the Noise Control Act of 1972, and shall authorize the acquisition, when- ever practicable, of buses which meet the special crite- ria for low-emission vehicles set forth in section 212 of the Clean Air Act, and for low-noise-emission products set forth in section 15 of the Noise Control Act of 1972. (b) The Secretary of Transportation shall require that projects receiving Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of subsection (e) of sec- tion 103, title 23, United States Code, or (3) section 147 of the Federal-Aid Highway Act of 1973 shall be planned, designed, constructed, and operated to allow effective utilization by elderly or handicapped persons who, by reason of illness, injury, age, congenital mal- function, or other permanent or temporary incapacity or disability, including those who are nonambulatory wheelchairbound and those with semiambulatory capa- bilities, are unable without special facilities or special planning or design to utilize such facilities and services effectively. The Secretary shall not approve any pro- gram or project to which this section applies which does not comply with the provisions of this subsection requir- ing access to public mass transportation facilities, equipment, and services for elderly or handicapped per- sons.403 403 As amended by Federal-Aid Highway Amendments of 1974 (Pub. L. No. 93-643, sec. 105, Jan. 4, 1975). The text of subsec. (b) of § 165 prior to amendment read: (b) The Secretary of Transportation shall assure that projects receiving Federal financial assistance under (1) subsection (a) or (c) of section 142 of title 23, United States Code, (2) paragraph (4) of subsection (e) of section 103, title 23, United States Code, or (3) section 147 of the Federal-Aid Highway Act of 1973 shall be planned and designed so that mass transportation facilities URBAN MASS TRANSPORTATION ASSISTANCE ACT OF 1970404 (PUBLIC LAW 91-453, OCTOBER 15, 1970) An Act To provide long-term financing for expanded urban mass transportation programs, and for other purposes. Section 1. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress as- sembled, That the Congress finds that the rapid urbani- zation and the continued dispersal of population and activities within urban areas has made the ability of all citizens to move quickly and at a reasonable cost an urgent national problem; that it is imperative, if effi- cient, safe, and convenient transportation compatible with soundly planned urban areas is to be achieved, to continue and expand the Urban Mass Transportation Act of 1964; and the success will require a Federal commitment for the expenditure of at least $10,000,000,000 over a twelve-year period, to permit confident and continuing local planning and greater flexibility in program administration. It is the purpose of this Act to create a partnership which permits the local community, through Federal assistance, to exer- cise the initiative necessary to satisfy its urban mass transportation requirements. * * * Section 10. The Secretary of Transportation shall in all ways (in- cluding the provision of technical assistance) encourage industries adversely affected by reductions in Federal Government spending on space, military, and other Federal projects to compete for the contracts provided for under sections 3 and 6 of the Urban Mass Transpor- tation Act of 1964, as amended by this Act. Section 11. Nothing in this Act shall affect the authority of the Secretary of Housing and Urban Development to make grants under the authority of sections 6(a), 9, and 11 of the Urban Mass Transportation Act of 1964, as and services can effectively be utilized by elderly and handi- capped persons who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or dis- ability are unable without special facilities or special planning or design to utilize such facilities and services as effectively as persons not so affected. 404 The primary provisions of the Urban Mass Transporta- tion Assistance Act of 1970 amended the UMT Act of 1964. Changes to the UMT Act, as codified into chap. 53, tit. 49, have been incorporated into the text in part I. The provisions that follow did not amend the UMT Act. Under § 3003(b) of Pub. L. No. 102-240, all references to the UMT Act of 1964 are deemed references to the “Federal Transit Act”.

167 amended and Reorganization Plan Number 2 of 1968,405 for projects or activities primarily concerned with the relationship of urban transportation systems to the comprehensively planned development of urban areas, of the role of transportation planning in overall urban planning, out of funds appropriated to him for that pur- pose. Section 12. Section 5316 of title 5, United States Code, is amended by inserting the following after paragraph (129): “(103) Deputy Administrator, Urban Mass Trans- portation Administration, Department of Transporta- tion.” * * * Section 14. This Act may be cited as the “Urban Mass Transpor- tation Assistance Act of 1970.” SELECTED APPROPRIATIONS ACTS Department of Transportation and Related Agencies Appropriations Act, 1992 (Public Law 102-143, October 28, 1991) *** Title III—General Provisions *** Section 339. Notwithstanding any other provision of law, the Niagara Frontier Transportation Authority may provide transportation services in support of the 1993 World University Games. *** Section 355. For purposes of the Act of June 30, 1982 (96 Stat. 150), giving the consent of Congress to a com- pact relating to the establishment of a commission to study the feasibility of rapid rail transit service be- tween certain States; the Congress authorizes the par- ties to such compact to change the name of such com- pact, including the name or names of any commission or other entity thereunder. *** Department of Transportation and Related Agencies Appropriations Act, 1993 (Public Law 102-388, October 6, 1992) 405 Reorganization Plan No. 2 of 1968 is set out in part III. *** Title V—Transit Technical Corrections *** Section 503. Special Rule for Transportation Management Areas That Do Not Contain an Ur- banized Area over 200,000 Population. (1) Funds attributed to a transportation man- agement area, established under section 134 of title 23, United States Code, and not containing an ur- banized area over 200,000, under 23 U.S.C. 133(d)(3)(A)(ii), shall be obligated in that transpor- tation management area. *** Section 504. Los Angeles Metro Rail. (a) REPLACEMENT OF GRANTEES—Effective on the date of enactment of this Act, the Los Angeles County Transportation Commission (hereinafter in this section referred to as the “Commission”) shall replace the Southern California Rapid Transit District (hereinafter in this section referred to as the “SCRTD”) as the Fed- eral grantee for the Minimum Operable Segment One (hereinafter in this section referred to as “MOS-1”) of the Los Angeles Metro Rail project. The MOS-1 Full Funding Grant Agreement dated August 27, 1986, and all other MOS-1 grant documents required under Fed- eral law, shall be deemed to be amended, effective on the date of enactment of this Act, to designate the Commission as MOS-1 grantee; and all rights and obli- gations as MOS-1 grantee shall be transferred to the Commission on that date in accordance with the Memo- randum of Understanding for the Transfer of MOS-1 Project, entered into by and between the Commission and SCRTD on June 24, 1992. No action by the Secre- tary of Transportation or other administrative action shall be required in order for the Commission to pro- ceed to act in its capacity as MOS-1 grantee pursuant to this section. (b) OBLIGATIONS OF COMMISSION—Upon becoming the MOS-1 grantee under this section, the Commission shall be responsible for completion of the MOS-1 Project in accordance with the terms and conditions of the MOS-1 Full Funding Grant Agreement and other appli- cable grant agreements and in compliance with all ap- plicable Federal laws and regulations. In addition, the Commission shall remain responsible for all MOS-1 obligations arising prior to the date of enactment of this Act, in accordance with the Commission's Guarantee of Performance to the United States dated April 3, 1990. (c) AVAILABILITY OF FUNDS—All funds previously obli- gated to SCRTD under section 3 and section 9 of the Federal Transit Act, and unexpended on the date of enactment of this Act, shall be transferred to the Com- mission on such date and shall be available to the Commission to pay costs associated with the completion of MOS-1. Notwithstanding any other provision of law, neither the replacement of grantees under subsection

168 (a) nor the transfer of funds under this subsection shall be considered to be a change in project scope or other- wise result in the deobligation of prior year funds, and all funds transferred to the Commission under this sub- section shall be charged to the original appropriation and shall remain available until expended. (d) DEFINITION—For purposes of this section: (1) the terms “Los Angeles County Transporta- tion Commission” and “Commission” shall include any successor to the Commission that is established by or pursuant to State law; and (2) the terms “Southern California Rapid Transit District” and “SCRTD” shall include any successor to SCRTD that is established by or pursuant to State law. (e) Of the funds made available for the Los Angeles Metro Rail project, 45.45 per centum shall be for Mini- mum Operable Segment-2 and 54.55 per centum shall be for Minimum Operable Segment-3 of Metro Rail. Of the amounts for Minimum Operable Segment-3, an equal one-third share shall be provided for each of the three lines described in section 3034(i)(3) of the Inter- modal Surface Transportation Efficiency Act. *** Department of Transportation and Related Agencies Appropriations Act, 1997 (Public Law 104-205, September 30, 1996) *** Title III—General Provisions *** Section 338. Notwithstanding any other provision of law, funds made available under section 3035(kk) of Public Law 102–240 for fiscal year 1997 to the State of Michigan shall be for the purchase of buses and bus- related equipment and facilities. *** Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105-66, October 27, 1997) *** Title III—General Provisions *** Section 316. For the purposes of funds made available under the heading “Formula Grants,” the term “Capital Project” includes a project for— (A)(i) acquisition, construction, supervision, or inspection of a facility or equipment, includ- ing inspection thereof, for use in mass trans- portation; and (ii) expenses incidental to the acquisition or construction (including designing, engineering, location survey, mapping, acquiring rights-of- way, associated pre-revenue startup costs, and environmental mitigation), payments for rail trackage rights, intelligent transportation sys- tems, relocation assistance, acquiring replace- ment housing sites, and acquiring, construct- ing, relocating, and rehabilitating replacement housing; (B) rehabilitating a bus; (C) remanufacturing a bus; (D) overhauling rail rolling stock; (E) preventive maintenance; and (F) financing the operating costs of equip- ment and facilities used in mass transportation in urbanized areas with a population of less than 200,000. *** Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106-69, October 9, 1999) *** Title III—General Provisions (Including Transfers of Funds) *** Section 342. Notwithstanding any other provision of law, the Federal share of projects funded under section 3038(g)(1)(B) of Public Law 105-178 shall not exceed 90 percent of the project cost. *** Department of Transportation and Related Agencies Appropriations Act, 2001 (Public Law 106-346) *** Appendix—H.R. 5394 *** Section 356. Hereafter, the New Jersey Transit com- muter rail station to be located at the intersection of the Main/Bergen line and the Northeast Corridor line in the State of New Jersey shall be known and designated as the “Frank R. Lautenberg Station”: Provided, That the Secretary of Transportation shall ensure that any and all applicable reference in law, map, regulation,

169 documentation, and all appropriate signage shall make reference to the “Frank R. Lautenberg Station”. *** Department of Transportation and Related Agencies Appropriations Act, 2002 (Public Law 107-87, December 18, 2001) *** Title III—General Provisions (Including Transfers of Funds) *** Section 345. The transit station operated by the Washington Metropolitan Area Transit Authority lo- cated at Ronald Reagan Washington National Airport, and known as the National Airport Station, shall be known and designated as the “Ronald Reagan Washing- ton National Airport Station.” The Washington Metro- politan Area Transit Authority shall modify the signs at the transit station, and all maps, directories, docu- ments, and other records published by the Authority, to reflect the redesignation. *** Department of Transportation and Related Agencies Appropriations Act, 2003 (Division I of Public Law 108-7, February 20, 2003) *** Title III—General Provisions (Including Transfers of Funds) *** Section 336. For the purpose of any applicable law, for fiscal year 2003, the City of Norman, Oklahoma, shall be considered to be part of the Oklahoma City Transportation Management Area. *** Department of Transportation and Related Agencies Appropriations Act, 2004 (Division F of Public Law 108-99) *** Title III—General Provisions (Including Transfers of Funds) *** Section 166. (a) IN GENERAL.—The Secretary shall es- tablish a pilot program to determine the benefits of en- couraging cooperative procurement of major capital equipment under sections 5307, 5309, and 5311. The program shall consist of three pilot projects. Coopera- tive procurements in these projects may be carried out by grantees, consortiums of grantees, or members of the private sector acting as agents of grantees. (b) FEDERAL SHARE.—Notwithstanding any other provision of law, the Federal share for a grant under this pilot program shall be 90 percent of the net project cost. (c) PERMISSIBLE ACTIVITIES.— (1) DEVELOPING SPECIFICATIONS.—Cooperative specifications may be developed either by the grantees or their agents. (2) REQUESTS FOR PROPOSALS.—To the extent permissible under State and local law, cooperative procurements under this section may be carried out, either by the grantees or their agents, by issu- ing one request for proposal for each cooperative procurement, covering all agencies that are partici- pating in the procurement. (3) BEST AND FINAL OFFERS.—The cost of evaluat- ing best and final offers either by the grantees or their agents, is an eligible expense under this pro- gram. (d) TECHNOLOGY.—To the extent feasible, coopera- tive procurements under this section shall maximize use of Internet-based software technology designed spe- cifically for transit buses and other major capital equipment to develop specifications; aggregate equip- ment requirements with other transit agencies; gener- ate cooperative request for proposal packages; create cooperative specifications; and automate the request for approved equals process. (e) ELIGIBLE EXPENSES.—The cost of the permissi- ble activities under (c) and procurement under (d) are eligible expenses under the pilot program. (f) PROPORTIONATE CONTRIBUTIONS.—Cooperating agencies may contribute proportionately to the non- Federal share of any of the eligible expenses under (e). (g) OUTREACH.—The Secretary shall conduct out- reach on cooperative procurement. Under this program the Secretary shall: (1) offer technical assistance to transit agencies to facilitate the use of cooperative pro- curement of major capital equipment; and (2) conduct seminars and conferences for grantees, nationwide, on the concept of cooperative procurement of major capital equipment. (h) REPORT.—Not later than 30 days after delivery of the base order under each of the pilot projects, the Sec- retary shall submit to the House and Senate Commit- tees on Appropriations a report on the results of that pilot project. Each report shall evaluate any savings realized through the cooperative procurement and the benefits of incorporating cooperative procurement, as shown by that project, into the mass transit program as a whole. ***

170 Department of Transportation and Related Agencies Appropriations Act, 2005 (Division H of Public Law 108-447, December 8, 2004) *** Title III—General Provisions (Including Transfers of Funds) *** Section 167. The Secretary shall continue the pilot program authorized under section 166 of the Consoli- dated Appropriations Act, 2004, Public Law 108–199; 118 Stat. 309, for cooperative procurement of major capital equipment under sections 5307, 5309, and 5311. The program shall be administered as required under subsections (b) through (g) of section 166, except that there shall be five pilot projects: Provided, That the Secretary shall evaluate all proposals based on selection criteria set forth in the announcement of the program and request for proposals (Federal Register Notice— Vol. 69, No. 120, Page 35127, June 23, 2004). All pro- posed projects shall be evaluated and the proposing party shall receive notification of acceptance or denial by no later than 90 days after the Secretary receives a request for review of a proposed project: Provided fur- ther, That not later than 30 days after delivery of the base order under each of the five pilot projects, the Sec- retary shall submit to the House and Senate Commit- tees on Appropriations a report on the results of that pilot project. Each report shall evaluate any savings realized through the cooperative procurement and the benefits of incorporating cooperative procurement, as shown by that project, into the mass transit program as a whole. *** Section 173. The Federal Transit Administration is directed to comply with section 3042 of the Federal Transit Act of 1998 (Public Law 105–178, as amended; 112 Stat. 338) and is further directed to comply with the associated Committee report language contained in House Report 108–401, accompanying H.R. 2673, pages 997–998. *** Section 178. Hereafter, fixed guideway extensions and new segments included in Metropolitan Transit Authority of Harris County, Texas, resolutions 2003–77 and 2003–93, and approved by the voters on November 4, 2003, shall be considered as the preferred alterna- tives for purposes of 49 U.S.C. 5309 and 49 CFR 611.7: Provided, That such projects shall retain their status in preliminary engineering should bus rapid transit be chosen as the locally preferred alternative during that phase.406 *** Section 198. For the purpose of any applicable law, for fiscal years 2004 and 2005, the city of Norman, Oklahoma, shall be considered to be part of the Okla- homa City urbanized area. *** Subtitle III—General and Intermodal Programs Chaper 55—Intermodal Transportation Subchapter I—General Section 5501. National Intermodal Transporta- tion System Policy. 407 (a) GENERAL.—It is the policy of the United States Government to develop a National Intermodal Trans- portation System that is economically efficient and en- vironmentally sound, provides the foundation for the United States to compete in the global economy, and will move individuals and property in an energy effi- cient way. (b) SYSTEM CHARACTERISTICS.—(1) The National In- termodal Transportation System shall consist of all forms of transportation in a unified, interconnected manner, including the transportation systems of the future, to reduce energy consumption and air pollution while promoting economic development and supporting the United States' preeminent position in international commerce. (2) The National Intermodal Transportation Sys- tem shall include a National Highway System con- sisting of the Dwight D. Eisenhower System of In- terstate and Defense Highways and those principal arterial roads that are essential for interstate and regional commerce and travel, national defense, in- termodal transfer facilities, and international commerce and border crossings. (3) The National Intermodal Transportation Sys- tem shall include significant improvements in pub- lic transportation necessary to achieve national goals for improved air quality, energy conservation, international competitiveness, and mobility for eld- erly individuals, individuals with disabilities, and economically disadvantaged individuals in urban and rural areas of the United States. 406 Sec. 3043(h)(3) of Pub. L. No. 109-59 struck “49 U.S.C. 5390(e)(1)(A), 23 CFR 771.123, and 49 CFR 611.7” and inserted “49 U.S.C. 5309…during that phase.”. 407 Sec. 1(d) of Pub. L. No. 103-272 codified § 2 of Pub. L. No. 102-240 to constitute this section, substituting “Dwight D. Eisenhower System of Interstate and Defense Highways” for “National System of Interstate and Defense Highways,” (see 108 Stat. 759, 848).

171 (4) The National Intermodal Transportation Sys- tem shall provide improved access to ports and air- ports, the Nation's link to commerce. (5) The National Intermodal Transportation Sys- tem shall give special emphasis to the contributions of the transportation sectors to increased productiv- ity growth. Social benefits must be considered with particular attention to the external benefits of re- duced air pollution, reduced traffic congestion, and other aspects of the quality of life in the United States. (6) The National Intermodal Transportation Sys- tem must be operated and maintained with insis- tent attention to the concepts of innovation, compe- tition, energy efficiency, productivity, growth, and accountability. Practices that resulted in the lengthy and overly costly construction of the Dwight D. Eisenhower System of Interstate and Defense Highways must be confronted and stopped. (7) The National Intermodal Transportation Sys- tem shall be adapted to “intelligent vehicles”, “magnetic levitation systems”, and other new tech- nologies, wherever feasible and economical, with benefit cost estimates given special emphasis on safety considerations and techniques for cost allo- cation. (8) When appropriate, the National Intermodal Transportation System will be financed, as regards Government apportionments and reimbursements, by the Highway Trust Fund. Financial assistance will be provided to State and local governments and their instrumentalities to help carry out national goals related to mobility for elderly individuals, in- dividuals with disabilities, and economically disad- vantaged individuals. (9) The National Intermodal Transportation Sys- tem must be the centerpiece of a national invest- ment commitment to create the new wealth of the United States for the 21st century. (c) DISTRIBUTION AND POSTING.—The Secretary of Transportation shall distribute copies of the policy in subsections (a) and (b) of this section to each employee of the Department of Transportation and ensure that the policy is posted in all offices of the Department. Section 5502.408 Intermodal Transportation Ad- visory Board. (a) ORGANIZATION.—The Intermodal Transportation Advisory Board is a board in the Office of the Secretary of Transportation. (b) MEMBERSHIP.—The Board consists of the Secre- tary, who serves as chairman, and the Administrator, or the Administrator's designee, of— (1) the Federal Highway Administration; (2) the Federal Aviation Administration; (3) the Maritime Administration; (4) the Federal Railroad Administration; and 408 Sec. 1(d) of Pub. L. No. 103-272 codified § 5002(b) of Pub. L. No. 102-240 to constitute this section. (5) the Federal Transit Administration. (c) DUTIES AND POWERS.—The Board shall provide recommendations for carrying out the duties of the Sec- retary described in section 301(3) of this title. Section 5503.409 Office of Intermodalism. (a)410 ESTABLISHMENT.— There is established in the Research and Innovative Technology Administration an Office of Intermodalism. (b) DIRECTOR.—The head of the Office is a Director who shall be appointed by the Secretary. (c) DUTIES AND POWERS.—The Director shall carry out the duties of the Secretary described in section 301(3) of this title. (d)411 RESEARCH.—The Director shall— (1) coordinate United States Government re- search on intermodal transportation as provided in the plan developed under section 6009(b) of the In- termodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 2177); and (2) carry out additional research needs identified by the Director. (e) TECHNICAL ASSISTANCE.—The Director shall pro- vide technical assistance to States and to metropolitan planning organizations for urban areas having a popu- lation of at least 1,000,000 in collecting data related to intermodal transportation to facilitate the collection of the data by States and metropolitan planning organiza- tions. (f) ADMINISTRATIVE AND CLERICAL SUPPORT.—The Di- rector shall provide administrative and clerical support to the Intermodal Transportation Advisory Board. Section 5504.412 Model Intermodal Transporta- tion Plans. (a) GRANTS.—The Secretary of Transportation shall make grants to States to develop model State intermo- dal transportation plans that are consistent with the policy set forth in section 302(e) of this title. The model plans shall include systems for collecting data related to intermodal transportation. (b) DISTRIBUTION.—The Secretary shall award grants to States under this section that represent a variety of geographic regions and transportation needs, patterns, and modes. (c) PLAN SUBMISSION.—As a condition to a State re- ceiving a grant under this section, the Secretary shall require that the State provide assurances that the State 409 Sec. 1(d) of Pub. L. No. 103-272 codified § 5002(c) of Pub. L. No. 102-240 to constitute this section. 410 Sec. 4(c) of Pub. L. No. 108-426 amended this subsection. Before amendment, the text of the subsection read: “The Secre- tary of Transportation shall establish in the Office of the Secre- tary an Office of Intermodalism.”. 411 Sec. 5109(b) of Pub. L. No. 105-178 struck subsec. (d) and redesignated subsecs. (e) through (g) as subsecs. (d) through (f), respectively. See app. D for text of former subsec. (d). 412 Sec. 1(d) of Pub. L. No. 103-272 codified § 5003 of Pub. L. No. 102-240 to constitute this section.

172 will submit to the Secretary a State intermodal trans- portation plan not later than 18 months after the date of receipt of the grant. (d) GRANT AMOUNTS.—The Secretary shall reserve, from amounts deducted under section 104(a) of title 23, $3,000,000 to make grants under this section. The total amount that a State may receive in grants under this section may not be more than $500,000. Section 5505.413 National University Transporta- tion Centers. (a) IN GENERAL.— (1) ESTABLISHMENT AND OPERATION.—The Secre- tary of Transportation shall make grants under this section to eligible nonprofit institutions of higher learning to establish and operate national university transportation centers. (2) ROLE OF CENTERS.—The role of each center shall be to advance significant transportation re- search on critical national transportation issues and to expand the workforce of transportation pro- fessionals. (b) APPLICABILITY OF REQUIREMENTS.—A grant re- ceived by an eligible nonprofit institution of higher learning under this section shall be available for the same purposes, and shall be subject to the same terms and conditions, as a grant made to a nonprofit institu- tion of higher learning under section 5506. (c) ELIGIBLE NONPROFIT INSTITUTION OF HIGHER LEARNING DEFINED.—In this section, the term “eligible nonprofit institution of higher learning” means each of the following: (1) University of Alaska. (2) Marshall University, West Virginia, on behalf of a consortium of West Virginia colleges and uni- versities. (3) University of Minnesota. (4) University of Missouri, Rolla. (5) Northwestern University. (6) Oklahoma Transportation Center. (7) Portland State University, in partnership with the University of Oregon, Oregon State Uni- versity, and the Oregon Institute of Technology. (8) University of Vermont. (9) Western Transportation Institute at Montana State University. (10) University of Wisconsin. (d) GRANTS.—The Secretary shall make a grant under this section to each eligible nonprofit institution of higher learning in an amount $2,000,000 in fiscal year 2005 and $3,500,000 in each of fiscal years 2006 through 2009 to carry out this section. Section 5506.414 University Transportation Re- search. 413 Sec. 5401(a) of Pub. L. No. 109-59 amended this section generally. See app. D for text and legislative history of the section before amendment. (a) IN GENERAL.—The Secretary of Transportation shall make grants under this section to nonprofit insti- tutions of higher learning to establish and operate uni- versity transportation centers. (b) OBJECTIVES.—Grants received under this section shall be used by nonprofit institutions of higher learn- ing to advance significantly the state-of-the-art in transportation research and expand the workforce of transportation professionals through the following pro- grams and activities: (1) RESEARCH.—Basic and applied research, the products of which are judged by peers or other ex- perts in the field of transportation to advance the body of knowledge in transportation. (2) EDUCATION.—An education program relating to transportation that includes multidisciplinary course work and participation in research. (3) TECHNOLOGY TRANSFER.—An ongoing program of technology transfer that makes transportation research results available to potential users in a form that can be implemented, utilized, or other- wise applied. (c) REGIONAL, TIER I, AND TIER II CENTERS.— (1) REGIONAL AND TIER I CENTERS.—For each of fiscal years 2005 through 2009, the Secretary shall make grants under subsection (a) to nonprofit insti- tutions of higher learning to establish and oper- ate— (A) 10 regional university transportation centers; and (B) 10 Tier I university transportation cen- ters. (2) TIER II CENTERS.— (A) For each of fiscal years 2006 through 2009, the Secretary shall make grants under subsection (a) to nonprofit institutions of higher learning to establish and operate 22 Tier II university transportation centers. (B) The tier II centers consist of the follow- ing: (i) University of Arkansas, Mack- Blackwell Rural Transportation Center. (ii) University of California, Davis. (iii) California State University, San Bernardino. (iv) Cleveland State University, Work Zone Safety Institute. (v) University of Connecticut. (vi) University of Delaware in Newark. (vii) University of Detroit Mercy (includ- ing the coalition partners of the univer- sity). (viii) George Mason University. (ix) Hampton University, Eastern Sea- board Intermodal Transportation Applica- tions Center (ESITAC). 414 Sec. 5402(a) of Pub. L. No. 109-59 amended this section generally. See app. D for text and legislative history of the section before amendment.

173 (x) Kansas State University. (xi) Louisiana State University, LTRC- TTEC. (xii) University of Massachusetts Am- herst. (xiii) Michigan Technological University. (xiv) University of Nevada Las Vegas. (xv) North Carolina State University, Center for Transportation and the Envi- ronment. (xvi) Northwestern University. (xvii) Ohio Higher Education Transpor- tation Consortium University of Akron. (xviii) University of Rhode Island. (xix) University of Toledo. (xx) Utah State University. (xxi) Youngstown State University. (xxii) University of Memphis. (3) LOCATION OF REGIONAL CENTERS.—One re- gional university transportation center shall be lo- cated in each of the 10 United States Government regions that comprise the Standard Federal Re- gional Boundary System. (4) LIMITATION.—A nonprofit institution of higher learning may not directly receive a grant under this section for a fiscal year for more than one univer- sity transportation center. (d) COMPETITIVE SELECTION PROCESS.— (1) APPLICATIONS.—In order to be eligible to re- ceive a grant under subsection (c)(1), a nonprofit institution of higher learning shall submit to the Secretary an application that is in such form and contains such information as the Secretary may re- quire. (2) GENERAL SELECTION CRITERIA.—Except as oth- erwise provided by this section, the Secretary shall select each recipient of a grant under subsection (c)(1) through a competitive process on the basis of the following: (A) The demonstrated research and exten- sion resources available to the recipient to carry out this section. (B) The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and long-range transportation problems. (C) The recipient’s demonstrated commit- ment of at least $400,000 each year in regu- larly budgeted institutional amounts to sup- port ongoing transportation research and education programs. (D) The recipient’s demonstrated ability to disseminate results of transportation research and education programs through a statewide or regionwide continuing education program. (E) The strategic plan the recipient proposes to carry out under the grant. (e) REGIONAL UNIVERSITY TRANSPORTATION CENTERS.— (1) COMPETITION.—Not later than March 31, 2006, and not later than March 31st of every 4th year thereafter, the Secretary shall complete a competition among nonprofit institutions of higher learning for grants to establish and operate the 10 regional university transportation centers referred to in subsection (c)(1)(A). (2) SELECTION CRITERIA.—In conducting a compe- tition under paragraph (1), the Secretary shall se- lect a nonprofit institution of higher learning on the basis of— (A) the criteria described in subsection (d)(2); (B) the location of the center within the Fed- eral region to be served; and (C) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) demonstrates that it has a well- established, nationally recognized program in transportation research and education, as evi- denced by— (i) not less than $2,000,000 in highway or public transportation research expendi- tures each year for each of the preceding 5 years; (ii) not less than 10 graduate degrees awarded in professional fields closely re- lated to highways and public transporta- tion each year for each of the preceding 5 years; and (iii) not less than 5 tenured or tenure- track faculty members who specialize on a full-time basis in professional fields closely related to highways and public transporta- tion who, as a group, have published a to- tal at least 50 refereed journal publications on highway or public transportation re- search during the preceding 5 years. (3) GRANT RECIPIENTS.—After selecting a non- profit institution of higher learning as a grant re- cipient on the basis of a competition conducted un- der this subsection, the Secretary shall make a grant to the recipient to establish and operate a re- gional university transportation center in each of the first 4 fiscal years beginning after the date of the competition. (4) SPECIAL RULE FOR FISCAL YEARS 2005 AND 2006.—For fiscal years 2005 and 2006, the Secre- tary shall make a grant under this section to each of the 10 nonprofit institutions of higher learning that were competitively selected for grants by the Secretary under this section in July 1999 to operate regional university transportation centers. (5) AMOUNT OF GRANTS.—The Secretary shall make a grant to a nonprofit institution of higher learning to establish and operate a regional univer- sity transportation center of— (A) $1,000,000 for fiscal year 2005; (B) $2,000,000 for each of fiscal years 2006 through 2008; and (C) $2,225,000 for fiscal year 2009. (f) TIER I UNIVERSITY TRANSPORTATION CENTERS.—

174 (1) COMPETITION.—Not later than June 30, 2006, and not later than June 30 of every 4th year there- after, the Secretary shall complete a competition among nonprofit institutions of higher learning for grants to establish and operate the 10 Tier I uni- versity transportation centers referred to in subsec- tion (c)(1)(B). (2) SELECTION CRITERIA.—In conducting a compe- tition under paragraph (1), the Secretary shall se- lect a nonprofit institution of higher learning on the basis of— (A) the criteria described in subsection (d)(2); and (B) whether or not the institution (or, in the case of a consortium of institutions, the lead institution) can demonstrate that it has an es- tablished, recognized program in transporta- tion research and education, as evidenced by— (i) not less than $1,000,000 in highway or public transportation research expendi- tures each year for each of the preceding 5 years or not less than $6,000,000 in such expenditures during the 5 preceding years; (ii) not less than 5 graduate degrees awarded in professional fields closely re- lated to highways and public transporta- tion each year for each of the preceding 5 years; and (iii) not less than 3 tenured or tenure- track faculty members who specialize on a full-time basis in professional fields closely related to highways and public transporta- tion who, as a group, have published a to- tal at least 20 refereed journal publications on highway or public transportation re- search during the preceding 5 years. (3) GRANT RECIPIENTS.—After selecting a non- profit institution of higher learning as a grant re- cipient on the basis of a competition conducted un- der this subsection, the Secretary shall make a grant to the recipient to establish and operate a Tier I university transportation center in each of the first 4 fiscal years beginning after the date of the competition. (4) SPECIAL RULE FOR FISCAL YEARS 2005 AND 2006.—For fiscal years 2005 and 2006, the Secre- tary shall make a grant under this section to each of the 10 nonprofit institutions of higher learning that were competitively selected for grant awards by the Secretary under this section in May 2002 to operate university transportation centers (other than regional centers). (5) AMOUNT OF GRANTS.—The Secretary shall make a grant of $1,000,000 for each of fiscal years 2005 through 2009 to a nonprofit institution of higher learning to establish and operate a Tier I university transportation center. (g) TIER II UNIVERSITY TRANSPORTATION CENTERS.— (1) SELECTION.—The Secretary shall make grants to the nonprofit institutions of higher learning to establish and operate the 22 Tier II university transportation centers referred to in subsection (c)(2)(B). (2) AMOUNT OF GRANTS.—The Secretary shall make a grant of $500,000 for each of fiscal years 2006 through 2009 to a nonprofit institution of higher learning to establish and operate a Tier II university transportation center. (h) SUPPORT OF NATIONAL STRATEGY FOR SURFACE TRANSPORTATION RESEARCH.—In order to be eligible to receive a grant under this section, a nonprofit institu- tion of higher learning shall provide assurances satis- factory to the Secretary that the research and education activities of its university transportation center will support the national strategy for surface transportation research, as identified by— (1) the report of the National Highway Research and Technology Partnership entitled ‘Highway Re- search and Technology: The Need for Greater In- vestment’, dated April 2002; and (2) the programs of the National Research and Technology Program of the Federal Transit Ad- ministration. (i) MAINTENANCE OF EFFORT.—In order to be eligible to receive a grant under this section, a nonprofit insti- tution of higher learning shall enter into an agreement with the Secretary to ensure that the institution 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. (j) FEDERAL SHARE.—The Federal share of the costs of activities carried out using a grant made under this section shall be 50 percent of such costs. The non- Federal share may include funds provided to a recipient under section 503, 504(b), or 505 of title 23. (k) PROGRAM COORDINATION.— (1) COORDINATION.—The Secretary shall coordi- nate the research, education, and technology trans- fer activities that grant recipients carry out under this section, disseminate the results of the re- search, and establish and operate a clearinghouse to disseminate the results of the research. (2) ANNUAL REVIEW AND EVALUATION.—At least annually, and consistent with the plan developed under section 508 of title 23, the Secretary shall re- view and evaluate programs of grant recipients. (3) MANAGEMENT AND OVERSIGHT.—The Secretary shall expend not more than $400,000 for each of fiscal years 2005 through 2009 from amounts made available to carry out this section to carry out man- agement and oversight of the centers receiving as- sistance under this section and section 5505. (l) PROGRAM ADMINISTRATION.—The Secretary shall carry out this section acting through the Administrator of the Research and Innovative Technology Administra- tion. (m) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made available to carry out this section shall remain

175 available for obligation by the Secretary for a period of 2 years after the last day of the fiscal year for which such funds are authorized. SELECTED PROVISIONS OF TITLE 23, UNITED STATES CODE, HIGHWAYS *** 23 U.S.C. § 101. Definitions and Declarations of Policy. (a)415 *** (35) TRANSPORTATION ENHANCEMENT ACTIVITIES— The term “transportation enhancement activities” means, with respect to any project or the area to be served by the project, any of the following activities if such activity relates to surface transportation: provision of facilities for pedestrians and bicycles, provision of safety and educational activities for pedestrians and bicyclists, acquisition of scenic easements and scenic or historic sites, scenic or his- toric highway programs (including the provision of tourist and welcome center facilities), landscaping and other scenic beautification, historic preserva- tion, rehabilitation and operation of historic trans- portation buildings, structures, or facilities (includ- ing historic railroad facilities and canals), preservation of abandoned railway corridors (in- cluding the conversion and use thereof for pedes- trian or bicycle trails), control and removal of out- door advertising, archaeological planning and research, environmental mitigation to address wa- ter pollution due to highway runoff or reduce vehi- cle-caused wildlife mortality while maintaining habitat connectivity, and establishment of trans- portation museums. *** 23 U.S.C. § 103. Federal-Aid Systems. *** (b) NATIONAL HIGHWAY SYSTEM.— *** (6) ELIGIBLE PROJECTS FOR NHS.—Subject to ap- proval by the Secretary, funds apportioned to a State under section 104(b)(1) for the National Highway System may be obligated for any of the following: (A) Construction, reconstruction, resurfac- ing, restoration, and rehabilitation of segments of the National Highway System. 415 Sec. 1201 of Pub. L. No. 105-178 amended this subsection generally. (B) Operational improvements for segments of the National Highway System. (C) Construction of, and operational im- provements for, a Federal-aid highway not on the National Highway System, and construc- tion of a transit project eligible for assistance under chapter 53 of title 49, if— (i) the highway or transit project is in the same corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National Highway System; (ii) the construction or improvements will improve the level of service on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and (iii) the construction or improvements are more cost-effective than an improve- ment to the fully access controlled highway described in clause (i). (D) Highway safety improvements for seg- ments of the National Highway System. (E) Transportation planning in accordance with sections 134 and 135. (F) Highway research and planning in accor- dance with chapter 5. (G) Highway-related technology transfer ac- tivities. (H) Capital and operating costs for traffic monitoring, management, and control facilities and programs. (I) Fringe and corridor parking facilities. (J) Carpool and vanpool projects. (K) Bicycle transportation and pedestrian walkways in accordance with section 217. (L) Development, establishment, and imple- mentation of management systems under sec- tion 303. (M) In accordance with all applicable Federal law (including regulations), participation in natural habitat and wetland mitigation efforts related to projects funded under this title, which may include participation in natural habitat and wetland mitigation banks, contri- butions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and wetland, and development of statewide and regional natural habitat and wetland conservation and mitigation plans, in- cluding any such banks, efforts, and plans au- thorized under the Water Resources Develop- ment Act of 1990 (Public Law 101–640) (including crediting provisions). Contributions to the mitigation efforts described in the pre- ceding sentence may take place concurrent with or in advance of project construction; ex- cept that contributions in advance of project construction may occur only if the efforts are consistent with all applicable requirements of Federal law (including regulations) and State

176 transportation planning processes. With re- spect to participation in a natural habitat or wetland mitigation effort related to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference shall be given, to the maxi- mum extent practicable, to the use of the miti- gation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Fed- eral Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other applicable Federal law (including regulations). (N) Publicly-owned intracity or intercity bus terminals. (O) Infrastructure-based intelligent trans- portation systems capital improvements. (P) In the Virgin Islands, Guam, American Samoa, and the Commonwealth of the North- ern Mariana Islands, any project eligible for assistance under section 133, any airport, and any seaport. *** (e) *** (4) INTERSTATE SUBSTITUTE PROGRAM.416 *** (i) ELIGIBLE PROJECTS FOR NHS.417 *** 416 Sec. 1106(b) of Federal-Aid Systems of Pub. L. No. 105- 178 amended 23 U.S.C. § 103 generally; the amended § 103 did not include § 103(e)(4). See app. D for text of § 103(e)(4) before amendment. * * * Sec. 103(a) of Pub. L. No. 100-17 directed the Secretary to apportion for fiscal year 1987 the sums to be apportioned for such year under 22 U.S.C. § 103(e)(4) for expenditure on sub- stitute highway and transit projects, using the apportionment factors contained in the Committee Print Numbered 100-6 of the Committee on Public Works and Transportation of the House of Representatives. Sec. 103(c) of Pub. L. No. 100-17 provided that: (1) INCREASE IN COST TO COMPLETE.—The cost of completing substitute transit projects under section 103(e)(4)(B) of title 23, United States Code, is increased by $100,000,000. (2) APPORTIONMENT FACTORS.—Notwithstanding section 103(e)(4) of such title, funds appropriated to carry out projects as a result of enactment of paragraph (1) shall be made avail- able in accordance with the apportionment factors contained in the Committee Print Numbered 100-2 of the Committee on Pub- lic Works and Transportation of the House of Representatives. 417 Sec. 1106 (b) of Federal-Aid Systems of Pub. L. No. 105- 178 amended 23 U.S.C. § 103 generally; the amended § 103 did not include § 103(i). See app. D for text of § 103(i) before amendment. 23 U.S.C. § 104. Apportionment. (c) TRANSFERABILITY OF NHS APPORTIONMENTS.—A State may transfer not to exceed 50 percent of the State's apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3). A State may transfer not to exceed 100 percent of the State's apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3) if the State requests to make such transfer and the Secre- tary approves such transfer as being in the public inter- est, after providing notice and sufficient opportunity for public comment. Section 133(d) shall not apply to funds transferred under this subsection. *** (k) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.— (1) TRANSFER OF HIGHWAY FUNDS.—Funds made available under this title and transferred for tran- sit projects of a type described in section 133(b)(2) shall be administered by the Secretary in accor- dance with chapter 53 of title 49, except that the provisions of this title relating to the non-Federal share shall apply to the transferred funds. (2) TRANSFER OF TRANSIT FUNDS.—Funds made available under chapter 53 of title 49 and trans- ferred for highway projects shall be administered by the Secretary in accordance with this title, ex- cept that the provisions of such chapter relating to the non-Federal share shall apply to the trans- ferred funds. (3) TRANSFER OF OBLIGATION AUTHORITY.— Obligation authority provided for projects described in paragraphs (1) and (2) shall be transferred in the same manner and amount as the funds for the pro- jects are transferred. *** 23 U.S.C. § 119. Interstate Maintenance Program. *** (c) TRANSFER OF FUNDS FOR SURFACE TRANSPORTATION PROGRAM PROJECTS.— (1) UPON CERTIFICATION ACCEPTANCE.—If a State certifies to the Secretary that any part of the sums apportioned to the State under section 104(b)(4) of this title are in excess of the needs of the State for resurfacing, restoring, or rehabilitating Interstate System routes and the State is adequately main- taining the Interstate System and the Secretary ac- cepts such certification, the State may transfer such excess part to its apportionment under sec- tions 104(b)(1) and 104(b)(3). (2) UNCONDITIONAL.—Notwithstanding para- graph (1), a State may transfer to its apportion- ment under sections 104(b)(1) and 104(b)(3) of this title—

177 (A) in fiscal year 1987, an amount not to ex- ceed 20 percent of the funds apportioned to the State under section 104(b)(4) which are not ob- ligated at the time of the transfer; and (B) in any fiscal year thereafter, an amount not to exceed 20 percent of the funds appor- tioned to the State under section 104(b)(4) for such fiscal year. *** 23 U.S.C. § 133. Surface Transportation Program. (a) ESTABLISHMENT.—The Secretary shall establish a surface transportation program in accordance with this section. (b) ELIGIBLE PROJECTS.—A State may obligate funds apportioned to it under section 104(b)(3) for the surface transportation program only for the following: (1) Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improve- ments for highways (including Interstate highways) and bridges (including bridges on public roads of all functional classifications), including any such con- struction or reconstruction necessary to accommo- date other transportation modes, and including the seismic retrofit and painting of and application of calcium magnesium acetate, sodium ace- tate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing compo- sitions on bridges and approaches thereto and other elevated structures, mitigation of damage to wild- life, habitat, and ecosystems caused by a transpor- tation project funded under this title. (2) Capital costs for transit projects eligible for assistance under chapter 53 of title 49, including vehicles and facilities, whether publicly or privately owned, that are used to provide intercity passenger service by bus. (3) Carpool projects, fringe and corridor parking facilities and programs, bicycle transportation and pedestrian walkways in accordance with section 217, and the modification of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (4) Highway and transit safety infrastructure improvements and programs, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings. (5) Highway and transit research and develop- ment and technology transfer programs. (6) Capital and operating costs for traffic moni- toring, management, and control facilities and pro- grams. (7) Surface transportation planning programs. (8) Transportation enhancement activities. (9) Transportation control measures listed in sec- tion 108(f)(1)(A) (other than clause (xvi)) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)). (10) Development and establishment of manage- ment systems under section 303. (11) In accordance with all applicable Federal law and regulations, participation in natural habitat and wetlands mitigation efforts related to projects funded under this title, which may include partici- pation in natural habitat and wetlands mitigation banks; contributions to statewide and regional ef- forts to conserve, restore, enhance, and create natural habitats and wetlands; and development of statewide and regional natural habitat and wet- lands conservation and mitigation plans, including any such banks, efforts, and plans authorized pur- suant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concur- rent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transporta- tion planning processes. With respect to participa- tion in a natural habitat or wetland mitigation ef- fort related to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference shall be given, to the maximum extent practicable, to the use of the miti- gation bank if the bank contains sufficient avail- able credits to offset the impact and the bank is ap- proved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitiga- tion Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other applicable Federal law (including regulations). (13)418 Infrastructure-based intelligent transpor- tation systems capital improvements. (14)419 Environmental restoration and pollution abatement in accordance with section 328. (15) Control of noxious weeds and aquatic nox- ious weeds and establishment of native species in accordance with section 329. (c) LOCATION OF PROJECTS.—Except as provided in subsection (b)(1), surface transportation program pro- jects (other than those described in subsections (b)(3) and (4)) may not be undertaken on roads functionally 418 So in original. No par. (12) has been enacted. 419 Sec. 6006(a)(2) of Pub. L. No. 109-59 struck para. (14) and inserted this para. (14) and para. (15). Before amendment, para. (14) read: Environmental restoration and pollution abatement projects (including the retrofit or construction of storm water treatment systems) to address water pollution or environmental degrada- tion caused or contributed to by transportation facilities, which projects shall be carried out when the transportation facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration; except that the expenditure of funds under this sec- tion for any such environmental restoration or pollution abate- ment project shall not exceed 20 percent of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration pro- ject.

178 classified as local or rural minor collectors, unless such roads are on a Federal-aid highway system on January 1, 1991, and except as approved by the Secretary. (d) ALLOCATIONS OF APPORTIONED FUNDS.— (1) FOR SAFETY PROGRAMS.—10 percent of the funds apportioned to a State under section 104(b)(3) for the surface transportation program for a fiscal year shall only be available for carrying out sections 130 and 152 of this title. Of the funds set aside under the preceding sentence, the State shall reserve in such fiscal year an amount of such funds for carrying out each such section which is not less than the amount of funds apportioned to the State in fiscal year 1991 under such section. (2) FOR TRANSPORTATION ENHANCEMENT ACTIVITIES.—10 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall only be available for transportation enhance- ment activities. (3) DIVISION BETWEEN URBANIZED AREAS OF OVER 200,000 POPULATION AND OTHER AREAS.— (A) GENERAL RULE.—Except as provided in subparagraphs (C) and (D), 62.5 percent of the remaining 80 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall be obligated under this section— (i) in urbanized areas of the State with an urbanized area population of over 200,000, and (ii) in other areas of the State, in propor- tion to their relative share of the State's population. The remaining 37.5 percent may be obligated in any area of the State. Funds attributed to an urbanized area under clause (i) may be obli- gated in the metropolitan area established un- der section 134 which encompasses the urban- ized area. (B) SPECIAL RULE FOR AREAS OF LESS THAN 5,000 POPULATION.—Of the amounts required tobe420 obligated under subparagraph (A)(ii), the State shall obligate in areas of the State (other than urban areas with a population greater than 5,000) an amount which is not less than 110 percent of the amount of funds apportioned to the State for the Federal-aid secondary sys- tem for fiscal year 1991. (C) SPECIAL RULE FOR CERTAIN STATES.—In the case of a State in which— (i) greater than 80 percent of the popula- tion of the State is located in 1 or more met- ropolitan statistical areas, and (ii) greater than 80 percent of the land area of such State is owned by the United States, 420 So in original. Probably should be “to be”. the 62.5 percentage specified in the first sen- tence of subparagraph (A) shall be 35 percent and the percentage specified in the second sen- tence of subparagraph (A) shall be 65 percent. (D) NONCONTIGUOUS STATES EXEMPTION.— Subparagraph (A) shall not apply to Hawaii and Alaska421 (E) DISTRIBUTION BETWEEN URBANIZED AREAS OF OVER 200,000 POPULATION.—The amount of funds which a State is required to obligate under sub- paragraph (A)(i) shall be obligated in urbanized areas described in subparagraph (A)(i) based on the relative population of such areas; except that the State may obligate such funds based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secre- tary for the permission to do so and the Secretary grants the request. (4) APPLICABILITY OF PLANNING REQUIREMENTS.— Programming and expenditure of funds for projects under this section shall be consistent with the re- quirements of sections 134 and 135 of this title. (5) APPLICABILITY OF CERTAIN REQUIREMENTS TO THIRD PARTY SELLERS.— (A) IN GENERAL.—Except as provided in sub- paragraphs (B) and (C), in the case of a trans- portation enhancement activity funded from the allocation required under paragraph (2), if real property or an interest in real property is to be acquired from a qualified organization exclu- sively for conservation purposes (as determined under section 170(h) of the Internal Revenue Code of 1986), the organization shall be consid- ered to be the owner of the property for the pur- pose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (B) FEDERAL APPROVAL PRIOR TO INVOLVEMENT OF QUALIFIED ORGANIZATION.—If Federal approval of the acquisition of the real property or interest predates the involvement of a qualified organiza- tion described in subparagraph (A) in the acquisi- tion of the property, the organization shall be considered to be an acquiring agency or person as described in section 24.101(a)(2) of title 49, Code of Federal Regulations, for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (C) ACQUISITIONS ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS.—If a qualified organization de- scribed in subparagraph (A) has contracted with a State transportation department or other re- cipient of Federal funds to acquire the real property or interest on behalf of the recipient, the organization shall be considered to be an agent of the recipient for the purpose of the Uni- 421 So in original. Probably should be followed by a period.

179 form Relocation Assistance and Real Property Acquisition Policies Act of 1970. (e) ADMINISTRATION.— (1) NONCOMPLIANCE.—If the Secretary deter- mines that a State or local government has failed to comply substantially with any provision of this sec- tion, the Secretary shall notify the State that, if the State fails to take corrective action within 60 days from the date of receipt of the notification, the Sec- retary will withhold future apportionments under section 104(b)(3) until the Secretary is satisfied that appropriate corrective action has been taken. (2) PROGRAM APPROVAL.— (A) SUBMISSION OF PROJECT AGREEMENT.—For each fiscal year, each State shall submit a pro- ject agreement that— (i) certifies that the State will meet all the requirements of this section; and (ii) notifies the Secretary of the amount of obligations needed to carry out the program under this section. (B) REQUEST FOR ADJUSTMENTS OF AMOUNTS.— Each State shall request from the Secretary such adjustments to the amount of obligations referred to in subparagraph (A)(ii) as the State determines to be necessary. (C) EFFECT OF APPROVAL BY THE SECRETARY.— Approval by the Secretary of a project agree- ment under subparagraph (A) shall be deemed a contractual obligation of the United States to pay surface transportation program funds made available under this title. (3) PAYMENTS.— (A) IN GENERAL.—Except as provided in sub- paragraph (B), the Secretary shall make pay- ments to a State of costs incurred by the State for the surface transportation program in accor- dance with procedures to be established by the Secretary. (B) ADVANCE PAYMENT OPTION FOR TRANSPORTATION ENHANCEMENT ACTIVITIES.— (i) IN GENERAL.—The Secretary may ad- vance funds to the State for transportation enhancement activities funded from the al- location required by subsection (d)(2) for a fiscal year. (ii) LIMITATION ON AMOUNTS.—Amounts advanced under this subparagraph shall be limited to such amounts as are necessary to make prompt payments for project costs. (iii) EFFECT ON OTHER REQUIREMENTS.— This subparagraph shall not exempt a State from other requirements of this title relat- ing to the surface transportation program. (4) POPULATION DETERMINATIONS.—The Secretary shall use estimates prepared by the Secretary of Commerce when determining population figures for purposes of this section. (5) TRANSPORTATION ENHANCEMENT ACTIVITIES.— (A) CATEGORICAL EXCLUSIONS.—To the extent appropriate, the Secretary shall develop cate- gorical exclusions from the requirement that an environmental assessment or an environmental impact statement under section 102 of the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4332) be prepared for transportation en- hancement activities funded from the allocation required by subsection (d)(2). (B) NATIONWIDE PROGRAMMATIC AGREEMENT.— The Secretary, in consultation with the National Conference of State Historic Preservation Offi- cers and the Advisory Council on Historic Pres- ervation established under title II of the Na- tional Historic Preservation Act (16 U.S.C. 470i et seq.), shall develop a nationwide program- matic agreement governing the review of trans- portation enhancement activities funded from the allocation required by subsection (d)(2), in accordance with— (i) section 106 of such Act (16 U.S.C. 470f); and (ii) the regulations of the Advisory Council on Historic Preservation. (C) COST SHARING.— (i) REQUIRED AGGREGATE NON-FEDERAL SHARE.—The average annual non-Federal share of the total cost of all projects to carry out transportation enhancement ac- tivities in a State for a fiscal year shall be not less than the non-Federal share au- thorized for the State under section 120(b). (ii) INNOVATIVE FINANCING.—Subject to clause (i), notwithstanding section 120— (I) funds from other Federal agen- cies and the value of other contribu- tions (as determined by the Secretary) may be credited toward the non- Federal share of the costs of a project to carry out a transportation en- hancement activity; (II) the non-Federal share for such a project may be calculated on a project, multiple-project, or program basis; and (III) the Federal share of the cost of an individual project to which sub- clause (I) or (II) applies may be up to 100 percent. (f) OBLIGATION AUTHORITY.— (1) IN GENERAL.—A State that is required to obli- gate in an urbanized area with an urbanized area population of over 200,000 individuals under sub- section (d) funds apportioned to the State under section 104(b)(3) shall make available during the

180 period of fiscal years 1998 through 2000 and the period of fiscal years 2001 through 2003 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construc- tion programs for use in the area that is equal to the amount obtained by multiplying— (A) the aggregate amount of funds that the State is required to obligate in the area under subsection (d) during the period; and (B) the ratio that— (i) the aggregate amount of obligation authority distributed to the State for Fed- eral-aid highways and highway safety con- struction programs during the period; bears to (ii) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (ex- cluding sums not subject to an obligation limitation) during the period. (2) JOINT RESPONSIBILITY.—Each State, each af- fected metropolitan planning organization, and the Secretary shall jointly ensure compliance with paragraph (1). Section 134.422 Metropolitan Transportation Plan- ning. (a) POLICY.—It is in the national interest to— (1) encourage and promote the safe and efficient management, operation, and development of sur- face transportation systems that will serve the mo- bility needs of people and freight and foster eco- nomic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and (2) encourage the continued improvement and evolution of the metropolitan and statewide trans- portation planning processes by metropolitan plan- ning organizations, State departments of transpor- tation, and public transit operators as guided by the planning factors identified in subsection (h) and section 135(d). (b) DEFINITIONS.—In this section and section 135, the following definitions apply: (1) METROPOLITAN PLANNING AREA.—The term “metropolitan planning area” means the geographic area determined by agreement between the metro- politan planning organization for the area and the Governor under subsection (e). (2) METROPOLITAN PLANNING ORGANIZATION.—The term “metropolitan planning organization” means 422 Sec. 6001(a) of Pub. L. No. 109-59 amended this section and § 135 generally. See app. D for text of these sections before amendment. the policy board of an organization created as a re- sult of the designation process in subsection (d). (3) NONMETROPOLITAN AREA.—The term “non- metropolitan area” means a geographic area out- side designated metropolitan planning areas. (4) NONMETROPOLITAN LOCAL OFFICIAL.—The term “nonmetropolitan local official” means elected and appointed officials of general purpose local govern- ment in a nonmetropolitan area with responsibility for transportation. (5) TIP.—The term “TIP” means a transportation improvement program developed by a metropolitan planning organization under subsection (j). (6) URBANIZED AREA.—The term “urbanized area” means a geographic area with a population of 50,000 or more, as designated by the Bureau of the Census. (c) GENERAL REQUIREMENTS.— (1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To accomplish the objectives in subsection (a), metropolitan planning organizations desig- nated under subsection (d), in cooperation with the State and public transportation operators, shall de- velop long-range transportation plans and trans- portation improvement programs for metropolitan planning areas of the State. (2) CONTENTS.—The plans and TIPs for each met- ropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including ac- cessible pedestrian walkways and bicycle transpor- tation facilities) that will function as an intermodal transportation system for the metropolitan plan- ning area and as an integral part of an intermodal transportation system for the State and the United States. (3) PROCESS OF DEVELOPMENT.—The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehen- sive to the degree appropriate, based on the com- plexity of the transportation problems to be ad- dressed. (d) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— (1) IN GENERAL.—To carry out the transportation planning process required by this section, a metro- politan planning 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 represent at least 75 percent of the af- fected population (including the largest incor- porated city (based on population) as named by the Bureau of the Census); or (B) in accordance with procedures estab- lished by applicable State or local law.

181 (2) STRUCTURE.—Each metropolitan planning or- ganization 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 adminis- ter or operate major modes of transportation in the metropolitan area; and (C) appropriate State officials. (3) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in this subsection shall be construed to in- terfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities to— (A) develop the plans and TIPs for adoption by a metropolitan planning organization; and (B) develop long-range capital plans, coordi- nate 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 sub- section or any other provision of law shall remain in effect until the metropolitan planning organiza- tion is redesignated under paragraph (5). (5) REDESIGNATION PROCEDURES.—A metropolitan planning organization may be redesignated by agreement between the Governor and units of gen- eral purpose local government that together repre- sent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as named by the Bureau of the Census) as appropriate to carry out this sec- tion. (6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING ORGANIZATION.—More than 1 metropoli- tan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan plan- ning organization determine that the size and com- plexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate. (e) METROPOLITAN PLANNING AREA BOUNDARIES.— (1) IN GENERAL.—For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Gover- nor. (2) INCLUDED AREA.—Each metropolitan planning area— (A) shall encompass at least the existing ur- banized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and (B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. (3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN EXISTING PLANNING AREA BOUNDARIES.—The designation by the Bureau of the Census of new ur- banized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization. (4) 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.) as of the date of enactment of the SAFETEA– LU, the boundaries of the metropolitan planning area in ex- istence as of such date of enactment shall be re- tained; except that the boundaries may be adjusted by agreement of the Governor and affected metro- politan planning organizations in the manner de- scribed in subsection (d)(5). (5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the date of enactment of the SAFETEA–LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metro- politan planning area— (A) shall be established in the manner de- scribed in subsection (d)(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. (f) 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 co- ordinated transportation planning for the entire metropolitan area. (2) INTERSTATE COMPACTS.—The consent of Con- gress is granted to any two or more States— (A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this sec- tion as the activities pertain to interstate areas and localities within the States; and (B) to establish such agencies, joint or oth- erwise, as the States may determine desirable for making the agreements and compacts effec- tive. (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

182 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 man- agement agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the re- gion; and (ii) coordinate the transportation plan- ning process with the planning process re- quired of State and local governments un- der this section and section 135. (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 con- sent of Congress is granted to the States of California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and Nevada and units of general purpose local government that together represent at least 75 percent of the affected popula- tion (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 or- ganization 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 for the Lake Tahoe region under other provisions of this title and under chapter 53 of title 49, 1 percent of the funds allocated under section 202 shall be used to carry out the transportation planning process for the Lake Tahoe region un- der this subparagraph. (D) ACTIVITIES.—Highway projects included in transportation plans developed under this paragraph— (i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and (ii) may, in accordance with chapter 2, be funded using funds allocated under sec- tion 202. (4) RESERVATION OF RIGHTS.—The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. (g) MPO CONSULTATION IN PLAN AND TIP COORDINATION.— (1) NONATTAINMENT AREAS.—If more than 1 met- ropolitan planning organization has authority within a metropolitan area or an area which is des- ignated as a nonattainment area for ozone or car- bon monoxide under the Clean Air Act, each metro- politan planning organization shall consult with the other metropolitan planning organizations des- ignated for such area and the State in the coordina- tion of plans and TIPs required by this section. (2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE MPOS.—If a transportation improvement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transpor- tation improvement. (3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.—The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning ac- tivities that are affected by transportation in the area (including State and local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. Under the metropolitan planning process, transpor- tation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transporta- tion services within the metropolitan area that are provided by— (A) recipients of assistance under chapter 53 of title 49; (B) governmental agencies and nonprofit or- ganizations (including representatives of the agencies and organizations) that receive Fed- eral assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and (C) recipients of assistance under section 204. (h) SCOPE OF PLANNING PROCESS.— (1) IN GENERAL.—The metropolitan planning pro- cess for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will—

183 (A) support the economic vitality of the met- ropolitan area, especially by enabling global competitiveness, productivity, and efficiency; (B) increase the safety of the transportation system for motorized and nonmotorized users; (C) increase the security of the transporta- tion system for motorized and nonmotorized users; (D) increase the accessibility and mobility of people and for freight; (E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency be- tween transportation improvements and State and local planned growth and economic devel- opment patterns; (F) enhance the integration and connectivity of the transportation system, across and be- tween modes, for people and freight; (G) promote efficient system management and operation; and (H) emphasize the preservation of the exist- ing transportation system. (2) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this title or chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process. (i) DEVELOPMENT OF TRANSPORTATION PLAN.— (1) IN GENERAL.—Each metropolitan planning or- ganization shall prepare and update a transporta- tion plan for its metropolitan planning area in ac- cordance with the requirements of this subsection. The metropolitan planning organization shall pre- pare and update such plan every 4 years (or more frequently, if the metropolitan planning organiza- tion elects to update more frequently) in the case of each of the following: (A) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). (B) Any area that was nonattainment and subsequently designated to attainment in ac- cordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a). In the case of any other area required to have a transportation plan in accordance with the re- quirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more fre- quently. (2) TRANSPORTATION PLAN.—A 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) IDENTIFICATION OF TRANSPORTATION FACILITIES.—An identification of transportation facilities (including major roadways, transit, multimodal and intermodal facilities, and in- termodal connectors) that should function as an integrated metropolitan transportation sys- tem, giving emphasis to those facilities that serve important national and regional trans- portation functions. In formulating the trans- portation plan, the metropolitan planning or- ganization shall consider factors described in subsection (h) as such factors relate to a 20- year forecast period. (B) MITIGATION ACTIVITIES.— (i) IN GENERAL.—A long-range transpor- tation plan shall include a discussion of types of potential environmental mitiga- tion activities and potential areas to carry out these activities, including activities that may have the greatest potential to re- store and maintain the environmental functions affected by the plan. (ii) CONSULTATION.—The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land manage- ment, and regulatory agencies. (C) FINANCIAL PLAN.—A financial plan that demonstrates how the adopted transportation plan can be implemented, indicates resources from public and private sources that are rea- sonably 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 transporta- tion plan if reasonable additional resources be- yond those identified in the financial plan were available. For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementa- tion. (D) OPERATIONAL AND MANAGEMENT STRATEGIES.—Operational and management strategies to improve the performance of exist- ing transportation facilities to relieve vehicular congestion and maximize the safety and mobil- ity of people and goods. (E) CAPITAL INVESTMENT AND OTHER STRATEGIES.—Capital investment and other strategies to preserve the existing and pro- jected future metropolitan transportation in- frastructure and provide for multimodal capac- ity increases based on regional priorities and needs.

184 (F) TRANSPORTATION AND TRANSIT ENHANCEMENT ACTIVITIES.—Proposed transpor- tation and transit 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 or- ganization shall coordinate the development of a transportation plan with the process for develop- ment of the transportation control measures of the State implementation plan required by the Clean Air Act. (4) CONSULTATION.— (A) IN GENERAL.—In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation con- cerning the development of a long-range trans- portation plan. (B) ISSUES.—The consultation shall involve, as appropriate— (i) comparison of transportation plans with State conservation plans or maps, if available; or (ii) comparison of transportation plans to inventories of natural or historic resources, if available. (5) Participation by interested parties.— (A) IN GENERAL.—Each metropolitan plan- ning organization shall provide citizens, af- fected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representa- tives of users of public transportation, repre- sentatives of users of pedestrian walkways and bicycle transportation facilities, representa- tives of the disabled, and other interested par- ties with a reasonable opportunity to comment on the transportation plan. (B) CONTENTS OF PARTICIPATION PLAN.—A participation plan— (i) shall be developed in consultation with all interested parties; and (ii) shall provide that all interested par- ties have reasonable opportunities to comment on the contents of the transpor- tation plan. (C) METHODS.—In carrying out subpara- graph (A), the metropolitan planning organiza- tion shall, to the maximum extent practica- ble— (i) hold any public meetings at conven- ient and accessible locations and times; (ii) employ visualization techniques to describe plans; and (iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropri- ate to afford reasonable opportunity for consideration of public information under subparagraph (A). (6) PUBLICATION.—A transportation plan involv- ing Federal participation shall be published or oth- erwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electroni- cally accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for informa- tion purposes to the Governor at such times and in such manner as the Secretary shall establish. (7) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—Notwithstanding paragraph (2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(C). (j) METROPOLITAN TIP.— (1) DEVELOPMENT.— (A) IN GENERAL.—In cooperation with the State and any affected public transportation operator, the metropolitan planning organiza- tion designated for a metropolitan area shall develop a TIP for the area for which the or- ganization is designated. (B) OPPORTUNITY FOR COMMENT.—In develop- ing the TIP, the metropolitan planning organi- zation, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by in- terested parties in the development of the pro- gram, in accordance with subsection (i)(5). (C) FUNDING ESTIMATES.—For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be avail- able to support program implementation. (D) UPDATING AND APPROVAL.—The TIP shall be updated at least once every 4 years and shall be approved by the metropolitan planning organization and the Governor. (2) CONTENTS.— (A) PRIORITY LIST.—The TIP shall include a priority list of proposed federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP. (B) FINANCIAL PLAN.—The TIP shall include a financial plan that— (i) demonstrates how the TIP can be im- plemented;

185 (ii) indicates resources from public and private sources that are reasonably ex- pected to be available to carry out the pro- gram; (iii) identifies innovative financing tech- niques to finance projects, programs, and strategies; and (iv) may include, for illustrative pur- poses, additional projects that would be in- cluded in the approved TIP if reasonable additional resources beyond those identi- fied in the financial plan were available. (C) DESCRIPTIONS.—Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. (3) INCLUDED PROJECTS.— (A) PROJECTS UNDER THIS TITLE AND CHAPTER 53 OF TITLE 49.—A TIP developed under this subsection for a metropolitan area shall in- clude the projects within the area that are pro- posed for funding under chapter 1 of this title 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 im- provement program. (ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in one line item or identi- fied individually in the transportation im- provement program. (C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION PLAN.—Each project shall be consistent with the long-range transportation plan developed under subsection (i) 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 period contemplated for completion of the project. (4) NOTICE AND COMMENT.—Before approving a TIP, a metropolitan planning organization, in coop- eration with the State and any affected public transportation operator, shall provide an opportu- nity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). (5) SELECTION OF PROJECTS.— (A) IN GENERAL.—Except as otherwise pro- vided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from the approved TIP— (i) by— (I) in the case of projects under this title, the State; and (II) in the case of projects under chapter 53 of title 49, the designated recipients of public transportation funding; 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 TIP 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 organization shall not be required to select any project from the il- lustrative 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 financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. (7) PUBLICATION.— (A) PUBLICATION OF TIPS.—A TIP involving Federal participation shall be published or oth- erwise made readily available by the metro- politan planning organization for public re- view. (B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.—An annual listing of projects, in- cluding investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the pre- ceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan plan- ning organization for public review. The listing shall be consistent with the categories identi- fied in the TIP. (k) TRANSPORTATION MANAGEMENT AREAS.— (1) IDENTIFICATION AND DESIGNATION.— (A) REQUIRED IDENTIFICATION.—The Secre- tary shall identify as a transportation man- agement area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals.

186 (B) DESIGNATIONS ON REQUEST.—The Secre- tary shall designate any additional area as a transportation management area on the re- quest of the Governor and the metropolitan planning organization designated for the area. (2) TRANSPORTATION PLANS.—In a metropolitan planning area serving a transportation manage- ment area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators. (3) CONGESTION MANAGEMENT PROCESS.—Within a metropolitan planning area serving a transporta- tion management area, the transportation planning process under this section shall address congestion management through a process that provides for ef- fective management and operation, based on a co- operatively developed and implemented metropoli- tan-wide strategy, 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 man- agement strategies. The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transporta- tion management area. (4) SELECTION OF PROJECTS.— (A) IN GENERAL.—All federally funded pro- jects carried out within the boundaries of a metropolitan planning area serving a transpor- tation management area under this title (ex- cluding projects carried out on the National Highway System and projects carried out un- der the bridge program or the Interstate main- tenance program) or under chapter 53 of title 49 shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consul- tation with the State and any affected public transportation operator. (B) NATIONAL HIGHWAY SYSTEM PROJECTS.— Projects carried out within the boundaries of a metropolitan planning area serving a transpor- tation management area on the National Highway System and projects carried out within such boundaries under the bridge pro- gram or the Interstate maintenance program under this title shall be selected for implemen- tation from the approved TIP by the State in cooperation with the metropolitan planning or- ganization designated for the area. (5) CERTIFICATION.— (A) IN GENERAL.—The Secretary shall— (i) ensure that the metropolitan plan- ning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and (ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan plan- ning process. (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 sec- tion and other applicable requirements of Federal law; and (ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor. (C) EFFECT OF FAILURE TO CERTIFY.— (i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning process of a metro- politan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metro- politan planning organization for projects funded under this title and chapter 53 of title 49. (ii) RESTORATION OF WITHHELD FUNDS.— The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. (D) REVIEW OF CERTIFICATION.—In making certification determinations under this para- graph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review. (l) ABBREVIATED PLANS 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 sec- tion, the Secretary may provide for the develop- ment of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines 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 TIPs for a metro- politan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act. (m) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT AREAS.— (1) IN GENERAL.—Notwithstanding any other pro- visions of this title or chapter 53 of title 49, for transportation management areas classified as

187 nonattainment for ozone or carbon monoxide pur- suant to the Clean Air Act, Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the car- rying capacity for single-occupant vehicles unless the project is addressed through a congestion man- agement process. (2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan plan- ning area boundaries determined under subsection (e). (n) 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 facil- ity, provider, or project not eligible under this title or chapter 53 of title 49. (o) FUNDING.—Funds set aside under section 104(f) of this title or section 5305(g) of title 49 shall be available to carry out this section. (p) CONTINUATION OF CURRENT REVIEW PRACTICE.— Since plans and TIPs described in this section are sub- ject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Sec- retary concerning a plan or TIP described in this sec- tion shall not be considered to be a Federal action sub- ject to review under such Act. Section 135. Statewide Transportation Planning. (a) GENERAL REQUIREMENTS.— (1) DEVELOPMENT OF PLANS AND PROGRAMS.—To accomplish the objectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State, subject to section 134. (2) CONTENTS.—The statewide transportation plan and the transportation improvement program developed for each State shall provide for the de- velopment and integrated management and opera- tion of transportation systems and facilities (includ- ing accessible pedestrian walkways and bicycle transportation facilities) that will function as an in- termodal transportation system for the State and an integral part of an intermodal transportation system for the United States. (3) PROCESS OF DEVELOPMENT.—The process for developing the statewide plan and the transporta- tion improvement program shall provide for consid- eration of all modes of transportation and the poli- cies stated in section 134(a), 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.—A State shall— (1) coordinate planning carried out under this section with the transportation planning activities carried out under section 134 for metropolitan ar- eas of the State and with statewide trade and eco- nomic development planning activities and related multistate planning efforts; and (2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.). (c) INTERSTATE AGREEMENTS.— (1) IN GENERAL.—The consent of Congress is granted to two or more States entering into agree- ments or compacts, not in conflict with any law of the United States, for cooperative efforts and mu- tual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. (2) RESERVATION OF RIGHTS.—The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. (d) SCOPE OF PLANNING PROCESS.— (1) IN GENERAL.—Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will— (A) support the economic vitality of the United States, the States, nonmetropolitan ar- eas, and metropolitan areas, especially by ena- bling global competitiveness, productivity, and efficiency; (B) increase the safety of the transportation system for motorized and nonmotorized users; (C) increase the security of the transporta- tion system for motorized and nonmotorized users; (D) increase the accessibility and mobility of people and freight; (E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency be- tween transportation improvements and State and local planned growth and economic devel- opment patterns; (F) enhance the integration and connectivity of the transportation system, across and be- tween modes throughout the State, for people and freight; (G) promote efficient system management and operation; and (H) emphasize the preservation of the exist- ing transportation system. (2) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraph (1) shall

188 not be reviewable by any court under this title or chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, the transportation improvement program, a project or strategy, or the certification of a planning process. (e) ADDITIONAL REQUIREMENTS.—In carrying out planning under this section, each State shall consider, at a minimum— (1) with respect to nonmetropolitan areas, the concerns of affected local officials with responsibil- ity for transportation; (2) the concerns of Indian tribal governments and Federal land management agencies that have ju- risdiction over land within the boundaries of the State; and (3) coordination of transportation plans, the transportation improvement program, and plan- ning activities with related planning activities be- ing carried out outside of metropolitan planning ar- eas and between States. (f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.— (1) DEVELOPMENT.—Each State shall develop a long-range statewide 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 transportation system of the State. (2) CONSULTATION WITH GOVERNMENTS.— (A) METROPOLITAN AREAS.—The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134. (B) NONMETROPOLITAN AREAS.—With respect to nonmetropolitan areas, the statewide trans- portation plan shall be developed in consulta- tion with affected nonmetropolitan officials with responsibility for transportation. The Sec- retary shall not review or approve the consul- tation process in each State. (C) INDIAN TRIBAL AREAS.—With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in con- sultation with the tribal government and the Secretary of the Interior. (D) CONSULTATION, COMPARISON, AND CONSIDERATION.— (i) IN GENERAL.—The long-range trans- portation plan shall be developed, as ap- propriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation. (ii) COMPARISON AND CONSIDERATION.— Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available. (3) PARTICIPATION BY INTERESTED PARTIES.— (A) IN GENERAL.—In developing the statewide transportation plan, the State shall provide citizens, affected public agencies, representa- tives of public transportation employees, freight shippers, private providers of transpor- tation, representatives of users of public trans- portation, representatives of users of pedes- trian walkways and bicycle transportation facilities, representatives of the disabled, pro- viders of freight transportation services, and other interested parties with a reasonable op- portunity to comment on the proposed plan. (B) METHODS.—In carrying out subpara- graph (A), the State shall, to the maximum ex- tent practicable— (i) hold any public meetings at conven- ient and accessible locations and times; (ii) employ visualization techniques to describe plans; and (iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportu- nity for consideration of public informa- tion under subparagraph (A). (4) MITIGATION ACTIVITIES.— (A) IN GENERAL.—A long-range transporta- tion plan shall include a discussion of potential environmental mitigation activities and poten- tial areas to carry out these activities, includ- ing activities that may have the greatest poten- tial to restore and maintain the environmental functions affected by the plan. (B) CONSULTATION.—The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. (5) FINANCIAL PLAN.—The statewide transporta- tion plan may include a financial plan that demon- strates how the adopted statewide transportation plan can be implemented, indicates resources from public and private sources that are reasonably ex- pected to be made available to carry out the plan, and recommends any additional financing strate- gies for needed projects and programs. The finan- cial plan may include, for illustrative purposes, ad- ditional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available.

189 (6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—A State shall not be required to select any project from the illustrative list of additional pro- jects included in the financial plan described in paragraph (5). (7) EXISTING SYSTEM.—The statewide transporta- tion plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system. (8) PUBLICATION OF LONG-RANGE TRANSPORTATION PLANS.—Each long-range transportation plan pre- pared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web. (g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.— (1) DEVELOPMENT.—Each State shall develop a statewide transportation improvement program for all areas of the State. Such program shall cover a period of 4 years and be updated every 4 years or more frequently if the Governor elects to update more frequently. (2) CONSULTATION WITH GOVERNMENTS.— (A) METROPOLITAN AREAS.—With respect to each metropolitan area in the State, the pro- gram shall be developed in cooperation with the metropolitan planning organization desig- nated for the metropolitan area under section 134. (B) NONMETROPOLITAN AREAS.—With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation. The Sec- retary shall not review or approve the specific consultation process in the State. (C) 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 Secretary of the Interior. (3) PARTICIPATION BY INTERESTED PARTIES.—In de- veloping the program, the State shall provide citi- zens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transpor- tation facilities, representatives of the disabled, and other interested parties with a reasonable op- portunity to comment on the proposed program. (4) INCLUDED PROJECTS.— (A) IN GENERAL.—A transportation improve- ment program developed under this subsection for a State shall include federally supported surface transportation expenditures within the boundaries of the State. (B) LISTING OF PROJECTS.—An annual listing of projects for which funds have been obligated in the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. The listing shall be consistent with the funding categories identified in each metropolitan transportation improvement program. (C) PROJECTS UNDER CHAPTER 2.— (i) REGIONALLY SIGNIFICANT PROJECTS.— Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation im- provement program. (ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in one line item or identi- fied individually in the transportation im- provement program. (D) CONSISTENCY WITH STATEWIDE TRANSPORTATION PLAN.—Each project shall be— (i) consistent with the statewide trans- portation plan developed under this sec- tion for the State; (ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and (iii) in conformance with the applicable State air quality implementation plan de- veloped under the Clean Air Act, if the pro- ject is carried out in an area designated as nonattainment for ozone, particulate mat- ter, or carbon monoxide under such Act. (E) REQUIREMENT OF ANTICIPATED FULL FUNDING.—The transportation improvement program shall include a project, or an identi- fied phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contem- plated for completion of the project. (F) FINANCIAL PLAN.—The transportation im- provement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably ex- pected to be made available to carry out the transportation improvement program, and rec- ommends 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

190 the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (G) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— (i) NO REQUIRED SELECTION.— Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of addi- tional projects included in the financial plan under subparagraph (F). (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 pro- jects included in the financial plan under subparagraph (F) for inclusion in an ap- proved transportation improvement pro- gram. (H) PRIORITIES.—The transportation im- provement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activi- ties, required by this title and chapter 53 of ti- tle 49. (5) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000 POPULATION.—Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Inter- state maintenance program under this title or un- der sections 5310, 5311, 5316, and 5317 of title 49), by the State in cooperation with the affected non- metropolitan local officials with responsibility for transportation. Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge pro- gram or the Interstate maintenance program under this title or under sections 5310, 5311, 5316, and 5317 of title 49 shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected non- metropolitan local officials with responsibility for transportation. (6) TRANSPORTATION IMPROVEMENT PROGRAM APPROVAL.—Every 4 years, a transportation im- provement program developed under this subsec- tion shall be reviewed and approved by the Secre- tary if based on a current planning finding. (7) PLANNING FINDING.—A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and sec- tion 134. (8) 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 im- provement program in place of another project in the program. (h) FUNDING.—Funds set aside pursuant to section 104(f) of this title and section 5305(g) of title 49, shall be available to carry out this section. (i) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION MANAGEMENT PROCESSES.—For purposes of this section and section 134, and sections 5303 and 5304 of title 49, State laws, rules, or regulations pertaining to conges- tion management systems or programs may constitute the congestion management process under this section and section 134, and sections 5303 and 5304 of title 49, if the Secretary finds that the State laws, rules, or regu- lations are consistent with, and fulfill the intent of, the purposes of this section and section 134 and sections 5303 and 5304 of title 49, as appropriate. (j) CONTINUATION OF CURRENT REVIEW PRACTICE.— Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under such Act. *** 23 U.S.C. § 139.423 Efficient Environmental Re- views for Project Decisionmaking. (a) DEFINITIONS.—In this section, the following defini- tions apply: (1) AGENCY.—The term “agency” means any agency, department, or other unit of Federal, State, local, or Indian tribal government. (2) ENVIRONMENTAL IMPACT STATEMENT.—The term “environmental impact statement” means the detailed statement of environmental impacts re- quired to be prepared under the National Environ- mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) ENVIRONMENTAL REVIEW PROCESS.— (A) IN GENERAL.—The term “environmental review process” means the process for prepar- ing for a project an environmental impact statement, environmental assessment, cate- gorical exclusion, or other document prepared 423 Sec. 6002(a) of Pub. L. No. 109-59 added this subsection.

191 under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) INCLUSIONS.—The term “environmental review process” includes the process for and completion of any environmental permit, ap- proval, review, or study required for a project under any Federal law other than the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) LEAD AGENCY.—The term “lead agency” means the Department of Transportation and, if applica- ble, any State or local governmental entity serving as a joint lead agency pursuant to this section. (5) MULTIMODAL PROJECT.—The term “multimo- dal project” means a project funded, in whole or in part, under this title or chapter 53 of title 49 and involving the participation of more than one De- partment of Transportation administration or agency. (6) PROJECT.—The term “project” means any highway project, public transportation capital pro- ject, or multimodal project that requires the ap- proval of the Secretary. (7) PROJECT SPONSOR.—The term “project spon- sor” means the agency or other entity, including any private or public-private entity, that seeks ap- proval of the Secretary for a project. (8) STATE TRANSPORTATION DEPARTMENT.—The term “State transportation department” means any statewide agency of a State with responsibility for one or more modes of transportation. (b) APPLICABILITY.— (1) IN GENERAL.—The project development proce- dures in this section are applicable to all projects for which an environmental impact statement is prepared under the National Environmental Policy Act of 1969 and may be applied, to the extent de- termined appropriate by the Secretary, to other projects for which an environmental document is prepared pursuant to such Act. (2) FLEXIBILITY.—Any authorities granted in this section may be exercised for a project, class of pro- jects, or program of projects. (c) LEAD AGENCIES.— (1) FEDERAL LEAD AGENCY.—The Department of Transportation shall be the Federal lead agency in the environmental review process for a project. (2) JOINT LEAD AGENCIES.—Nothing in this section precludes another agency from being a joint lead agency in accordance with regulations under the National Environmental Policy Act of 1969. (3) PROJECT SPONSOR AS JOINT LEAD AGENCY.—Any project sponsor that is a State or local governmen- tal entity receiving funds under this title or chapter 53 of title 49 for the project shall serve as a joint lead agency with the Department for purposes of preparing any environmental document under the National Environmental Policy Act of 1969 and may prepare any such environmental document re- quired in support of any action or approval by the Secretary if the Federal lead agency furnishes guidance in such preparation and independently evaluates such document and the document is ap- proved and adopted by the Secretary prior to the Secretary taking any subsequent action or making any approval based on such document, whether or not the Secretary’s action or approval results in Federal funding. (4) ENSURING COMPLIANCE.—The Secretary shall ensure that the project sponsor complies with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any en- vironmental document prepared by the project sponsor in accordance with this subsection and that such document is appropriately supplemented if project changes become necessary. (5) ADOPTION AND USE OF DOCUMENTS.—Any envi- ronmental document prepared in accordance with this subsection may be adopted or used by any Fed- eral agency making any approval to the same ex- tent that such Federal agency could adopt or use a document prepared by another Federal agency. (6) ROLES AND RESPONSIBILITY OF LEAD AGENCY.— With respect to the environmental review process for any project, the lead agency shall have author- ity and responsibility— (A) to take such actions as are necessary and proper, within the authority of the lead agency, to facilitate the expeditious resolution of the environmental review process for the project; and (B) to prepare or ensure that any required environmental impact statement or other document required to be completed under the National Environmental Policy Act of 1969 is completed in accordance with this section and applicable Federal law. (d) PARTICIPATING AGENCIES.— (1) IN GENERAL.—The lead agency shall be re- sponsible for inviting and designating participating agencies in accordance with this subsection. (2) INVITATION.—The lead agency shall identify, as early as practicable in the environmental review process for a project, any other Federal and non- Federal agencies that may have an interest in the project, and shall invite such agencies to become participating agencies in the environmental review process for the project. The invitation shall set a deadline for responses to be submitted. The dead- line may be extended by the lead agency for good cause. (3) FEDERAL PARTICIPATING AGENCIES.—Any Fed- eral agency that is invited by the lead agency to participate in the environmental review process for a project shall be designated as a participating agency by the lead agency unless the invited agency informs the lead agency, in writing, by the

192 deadline specified in the invitation that the invited agency— (A) has no jurisdiction or authority with re- spect to the project; (B) has no expertise or information relevant to the project; and (C) does not intend to submit comments on the project. (4) EFFECT OF DESIGNATION.—Designation as a participating agency under this subsection shall not imply that the participating agency— (A) supports a proposed project; or (B) has any jurisdiction over, or special ex- pertise with respect to evaluation of, the pro- ject. (5) COOPERATING AGENCY.—A participating agency may also be designated by a lead agency as a “cooperating agency” under the regulations con- tained in part 1500 of title 40, Code of Federal Regulations. (6) DESIGNATION FOR CATEGORIES OF PROJECTS.— The Secretary may exercise the authorities granted under this subsection for a project, class of projects, or program of projects. (7) CONCURRENT REVIEWS.—Each Federal agency shall, to the maximum extent practicable— (A) carry out obligations of the Federal agency under other applicable law concur- rently, and in conjunction, with the review re- quired under the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.), unless doing so would impair the ability of the Federal agency to carry out those obligations; and (B) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure completion of the envi- ronmental review process in a timely, coordi- nated, and environmentally responsible man- ner. (e) PROJECT INITIATION.—The project sponsor shall notify the Secretary of the type of work, termini, length and general location of the proposed project, together with a statement of any Federal approvals anticipated to be necessary for the proposed project, for the purpose of informing the Secretary that the environmental re- view process should be initiated. (f) PURPOSE AND NEED.— (1) PARTICIPATION.—As early as practicable dur- ing the environmental review process, the lead agency shall provide an opportunity for involve- ment by participating agencies and the public in defining the purpose and need for a project. (2) DEFINITION.—Following participation under paragraph (1), the lead agency shall define the pro- ject’s purpose and need for purposes of any docu- ment which the lead agency is responsible for pre- paring for the project. (3) OBJECTIVES.—The statement of purpose and need shall include a clear statement of the objec- tives that the proposed action is intended to achieve, which may include— (A) achieving a transportation objective iden- tified in an applicable statewide or metropoli- tan transportation plan; (B) supporting land use, economic develop- ment, or growth objectives established in appli- cable Federal, State, local, or tribal plans; and (C) serving national defense, national secu- rity, or other national objectives, as established in Federal laws, plans, or policies. (4) ALTERNATIVES ANALYSIS.— (A) PARTICIPATION.—As early as practicable during the environmental review process, the lead agency shall provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for a project. (B) RANGE OF ALTERNATIVES.—Following par- ticipation under paragraph (1), the lead agency shall determine the range of alternatives for consideration in any document which the lead agency is responsible for preparing for the pro- ject. (C) METHODOLOGIES.—The lead agency also shall determine, in collaboration with partici- pating agencies at appropriate times during the study process, the methodologies to be used and the level of detail required in the analysis of each alternative for a project. (D) PREFERRED ALTERNATIVE.—At the discre- tion of the lead agency, the preferred alterna- tive for a project, after being identified, may be developed to a higher level of detail than other alternatives in order to facilitate the develop- ment of mitigation measures or concurrent compliance with other applicable laws if the lead agency determines that the development of such higher level of detail will not prevent the lead agency from making an impartial de- cision as to whether to accept another alterna- tive which is being considered in the environ- mental review process. (g) COORDINATION AND SCHEDULING.— (1) COORDINATION PLAN.— (A) IN GENERAL.—The lead agency shall es- tablish a plan for coordinating public and agency participation in and comment on the environmental review process for a project or category of projects. The coordination plan may be incorporated into a memorandum of under- standing. (B) SCHEDULE.— (i) IN GENERAL.—The lead agency may establish as part of the coordination plan, after consultation with each participating

193 agency for the project and with the State in which the project is located (and, if the State is not the project sponsor, with the project sponsor), a schedule for completion of the environmental review process for the project. (ii) FACTORS FOR CONSIDERATION.—In es- tablishing the schedule, the lead agency shall consider factors such as— (I) the responsibilities of participat- ing agencies under applicable laws; (II) resources available to the coop- erating agencies; (III) overall size and complexity of the project; (IV) the overall schedule for and cost of the project; and (V) the sensitivity of the natural and historic resources that could be af- fected by the project. (C) CONSISTENCY WITH OTHER TIME PERIODS.— A schedule under subparagraph (B) shall be consistent with any other relevant time periods established under Federal law. (D) MODIFICATION.—The lead agency may— (i) lengthen a schedule established un- der subparagraph (B) for good cause; and (ii) shorten a schedule only with the con- currence of the affected cooperating agen- cies. (E) DISSEMINATION.—A copy of a schedule under subparagraph (B), and of any modifica- tions to the schedule, shall be— (i) provided to all participating agencies and to the State transportation depart- ment of the State in which the project is located (and, if the State is not the project sponsor, to the project sponsor); and (ii) made available to the public. (2) COMMENT DEADLINES.—The lead agency shall establish the following deadlines for comment dur- ing the environmental review process for a project: (A) For comments by agencies and the public on a draft environmental impact statement, a period of not more than 60 days after publica- tion in the Federal Register of notice of the date of public availability of such document, unless— (i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or (ii) the deadline is extended by the lead agency for good cause. (B) For all other comment periods estab- lished by the lead agency for agency or public comments in the environmental review proc- ess, a period of no more than 30 days from availability of the materials on which comment is requested, unless— (i) a different deadline is established by agreement of the lead agency, the project sponsor, and all participating agencies; or (ii) the deadline is extended by the lead agency for good cause. (3) DEADLINES FOR DECISIONS UNDER OTHER LAWS.—In any case in which a decision under any Federal law relating to a project (including the is- suance or denial of a permit or license) is required to be made by the later of the date that is 180 days after the date on which the Secretary made all final decisions of the lead agency with respect to the pro- ject, or 180 days after the date on which an applica- tion was submitted for the permit or license, the Secretary shall submit to the Committee on Envi- ronment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (A) as soon as practicable after the 180-day period, an initial notice of the failure of the Federal agency to make the decision; and (B) every 60 days thereafter until such date as all decisions of the Federal agency relating to the project have been made by the Federal agency, an additional notice that describes the number of decisions of the Federal agency that remain outstanding as of the date of the addi- tional notice. (4) INVOLVEMENT OF THE PUBLIC.—Nothing in this subsection shall reduce any time period provided for public comment in the environmental review process under existing Federal law, including a regulation. (h) ISSUE IDENTIFICATION AND RESOLUTION.— (1) COOPERATION.—The lead agency and the par- ticipating agencies shall work cooperatively in ac- cordance with this section to identify and resolve issues that could delay completion of the environ- mental review process or could result in denial of any approvals required for the project under appli- cable laws. (2) LEAD AGENCY RESPONSIBILITIES.—The lead agency shall make information available to the par- ticipating agencies as early as practicable in the environmental review process regarding the envi- ronmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration. Such infor- mation may be based on existing data sources, in- cluding geographic information systems mapping. (3) PARTICIPATING AGENCY RESPONSIBILITIES.— Based on information received from the lead agency, participating agencies shall identify, as early as practicable, any issues of concern regard- ing the project’s potential environmental or socio- economic impacts. In this paragraph, issues of con-

194 cern include any issues that could substantially de- lay or prevent an agency from granting a permit or other approval that is needed for the project. (4) ISSUE RESOLUTION.— (A) MEETING OF PARTICIPATING AGENCIES.—At any time upon request of a project sponsor or the Governor of a State in which the project is located, the lead agency shall promptly con- vene a meeting with the relevant participating agencies, the project sponsor, and the Governor (if the meeting was requested by the Governor) to resolve issues that could delay completion of the environmental review process or could re- sult in denial of any approvals required for the project under applicable laws. (B) NOTICE THAT RESOLUTION CANNOT BE ACHIEVED.—If a resolution cannot be achieved within 30 days following such a meeting and a determination by the lead agency that all in- formation necessary to resolve the issue has been obtained, the lead agency shall notify the heads of all participating agencies, the project sponsor, the Governor, the Committee on Envi- ronment and Public Works of the Senate, the Committee on Transportation and Infrastruc- ture of the House of Representatives, and the Council on Environmental Quality, and shall publish such notification in the Federal Regis- ter. (i) PERFORMANCE MEASUREMENT.—The Secretary shall establish a program to measure and report on progress toward improving and expediting the planning and environmental review process. (j) ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.— (1) IN GENERAL.—For a project that is subject to the environmental review process established un- der this section and for which funds are made available to a State under this title or chapter 53 of title 49, the Secretary may approve a request by the State to provide funds so made available under this title or such chapter 53 to affected Federal agencies (including the Department of Transporta- tion), State agencies, and Indian tribes participat- ing in the environmental review process for the projects in that State or participating in a State process that has been approved by the Secretary for that State. Such funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving transporta- tion project planning and delivery for projects in that State. (2) ACTIVITIES ELIGIBLE FOR FUNDING.—Activities for which funds may be provided under paragraph (1) include transportation planning activities that precede the initiation of the environmental review process, dedicated staffing, training of agency per- sonnel, information gathering and mapping, and development of programmatic agreements. (3) USE OF FEDERAL LANDS HIGHWAY FUNDS.—The Secretary may also use funds made available under section 204 for a project for the purposes specified in this subsection with respect to the environ- mental review process for the project. (4) AMOUNTS.—Requests under paragraph (1) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to meet the time limits for environmental review. (5) CONDITION.—A request under paragraph (1) to expedite time limits for environmental review may be approved only if such time limits are less than the customary time necessary for such review. (k) JUDICIAL REVIEW AND SAVINGS CLAUSE.— (1) JUDICIAL REVIEW.—Except as set forth under subsection (l), nothing in this section shall affect the reviewability of any final Federal agency action in a court of the United States or in the court of any State. (2) SAVINGS CLAUSE.—Nothing in this section shall be construed as superseding, amending, or modifying the National Environmental Policy Act of 1969 or any other Federal environmental statute or affect the responsibility of any Federal officer to comply with or enforce any such statute. (3) LIMITATIONS.—Nothing in this section shall preempt or interfere with— (A) any practice of seeking, considering, or responding to public comment; or (B) any power, jurisdiction, responsibility, or authority that a Federal, State, or local gov- ernment agency, metropolitan planning or- ganization, Indian tribe, or project sponsor has with respect to carrying out a project or any other provisions of law applicable to projects, plans, or programs. (l) LIMITATIONS ON CLAIMS.— (1) IN GENERAL.—Notwithstanding any other pro- vision of law, a claim arising under Federal law seeking judicial review of a permit, license, or ap- proval issued by a Federal agency for a highway or public transportation capital project shall be barred unless it is filed within 180 days after publication of a notice in the Federal Register announcing that the permit, license, or approval is final pursuant to the law under which the agency action is taken, unless a shorter time is specified in the Federal law pursuant to which judicial review is allowed. Noth- ing in this subsection shall create a right to judicial review or place any limit on filing a claim that a person has violated the terms of a permit, license, or approval. (2) NEW INFORMATION.—The Secretary shall con- sider new information received after the close of a comment period if the information satisfies the re- quirements for a supplemental environmental im-

195 pact statement under section 771.130 of title 23, Code of Federal Regulations. The preparation of a supplemental environmental impact statement when required shall be considered a separate final agency action and the deadline for filing a claim for judicial review of such action shall be 180 days af- ter the date of publication of a notice in the Federal Register announcing such action. *** 23 U.S.C. § 142. Public Transportation. (a)(1) To encourage the development, improvement, and use of public mass transportation systems operat- ing motor vehicles (other than on rail) on Federal-aid highways for the transportation of passengers (hereaf- ter in this section referred to as “buses”), so as to in- crease the traffic capacity of the Federal-aid systems for the movement of persons, the Secretary may approve as a project on any Federal-aid system the construction of exclusive or preferential high occupancy vehicle lanes, highway traffic control devices, bus passenger loading areas and facilities (including shelters), and fringe and transportation corridor parking facilities to serve high occupancy vehicle and public mass transportation pas- sengers, and sums apportioned under section 104(b) of this title shall be available to finance the cost of projects under this paragraph. If fees are charged for the use of any parking facility constructed under this section, the rate thereof shall not be in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility (in- cluding compensation to any person for operating the facility and for providing such shuttle service). (2) In addition to the projects under paragraph (1), the Secretary may approve as a project on the424 surface transportation program for payment from sums apportioned under section 104(b)(3) for carry- ing out any capital transit project eligible for assis- tance under chapter 53 of title 49, capital im- provement to provide access and coordination between intercity and rural bus service, and con- struction of facilities to provide connections be- tween highway transportation and other modes of transportation. (b) Sums apportioned in accordance with section 104(b)(4) shall be available to finance the Federal share of projects for exclusive or preferential high occupancy vehicle, truck, and emergency vehicle routes or lanes. Routes constructed under this subsection shall not be subject to the third sentence of section 109(b) of this title. (c) ACCOMMODATION OF OTHER MODES OF TRANSPORTATION.—The Secretary may approve as a project on any Federal-aid system for payment from sums apportioned under section 104(b) modifications to existing highway facilities on such system necessary to 424 So in original. accommodate other modes of transportation if such modifications will not adversely affect automotive safety. (d) METROPOLITAN PLANNING.—Any project carried out under this section in an urbanized area shall be subject to the metropolitan planning requirements of section 134. (e)(1) For all purposes of this title, a project author- ized by subsection (a)(1) of this section shall be deemed to be a highway project. (2) Notwithstanding section 209(f)(1) of the Highway Revenue Act of 1956, the Highway Trust Fund shall be available for making expenditures to meet obligations resulting from projects authorized by subsection (a)(2) of this section and such projects shall be subject to, and governed in accordance with, all provisions of this title applicable to pro- jects on the surface transportation program, except to the extent determined inconsistent by the Secre- tary. (3) The Federal share payable on account of pro- jects authorized by subsection (a) of this section shall be that provided in section 120 of this title. (f) AVAILABILITY OF RIGHTS-OF-WAY.—In any case where sufficient land or air space exits425 within the publicly acquired rights-of-way of any highway, con- structed in whole or in part with Federal-aid highway funds, to accommodate needed passenger, commuter, or high speed rail, magnetic levitation systems, and high- way and nonhighway public mass transit facilities, the Secretary shall authorize a State to make such lands, air space, and rights-of-way available with or without charge to a publicly or privately owned authority or company or any other person for such purposes if such accommodation will not adversely affect automotive safety. (g) The provision of assistance under subsection (a)(2) shall not be construed as bringing within the applica- tion of chapter 15 of title 5, United States Code, any non-supervisory employee of an urban mass transporta- tion system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. (h) Funds available for expenditure to carry out the purposes of subsection (a)(2) of this section shall be supplementary to and not in substitution for funds au- thorized and available for obligation pursuant to chap- ter 53 of title 49. (i) The provisions of section 5323(a)(1)(D) of title 49 shall apply in carrying out subsection (a)(2) of this sec- tion. *** 425 So in original. Probably should be “exists”.

196 23 U.S.C. § 149. Congestion Mitigation and Air Quality Improvement Program. (a) ESTABLISHMENT.—The Secretary shall establish and implement a congestion mitigation and air quality improvement program in accordance with this section. (b) ELIGIBLE PROJECTS.—Except as provided in sub- section (c), a State may obligate funds apportioned to it under section 104(b)(2) for the congestion mitigation and air quality improvement program only for a trans- portation project or program if the project or program is for an area in the State that is or was designated as a nonattainment area for ozone, carbon monoxide, or par- ticulate matter under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to sec- tion 181(a), 186(a), 188(a), or 188(b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or was designated as a nonattainment area under such section 107(d) after December 31, 1997,426 and— (1)427(A)(i) if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environmental Pro- tection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that the project or program is likely to contribute to— (I) the attainment of a national am- bient air quality standard; or (II) the maintenance of a national ambient air quality standard in a maintenance area; and (ii) a high level of effectiveness in reduc- ing air pollution, in cases of projects or programs where sufficient information is available in the database established pur- suant to subsection (h) to determine the relative effectiveness of such projects or programs; or, (B) in any case in which such information is not available, if the Secretary, after such con- sultation, determines that the project or pro- gram is part of a program, method, or strategy described in such section 108(f)(1)(A); (2) if the project or program is included in a State implementation plan that has been approved pur- suant to the Clean Air Act and the project will have air quality benefits; (3) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the project or program is likely to contribute to the attainment of a national ambient air quality standard, whether through re- 426 Sec. 1808(a) of Pub. L. No. 109-59 inserted “or is required to prepare, and file with the Administrator of the Environ- mental Protection Agency, maintenance plans under the Clean Air Act (42 U.S.C. 7401 et seq.)”. 427 Sec. 1808(b)(1) of Pub. L. No. 109-59 struck para. (1) and inserted this paragraph. See app. D for text of preamendment paragraph. ductions in vehicle miles traveled, fuel consump- tion, or through other factors; (4) to establish or operate a traffic monitoring, management, and control facility or program if the Secretary, after consultation with the Administra- tor of the Environmental Protection Agency, de- termines that the facility or program, including ad- vanced truck stop electrification systems,428 is likely to contribute to the attainment of a national ambi- ent air quality standard; (5) if the program or project improves traffic flow, including projects to improve signalization, con- struct high occupancy vehicle lanes, improve inter- sections, improve transportation systems manage- ment and operations that mitigate congestion and improve air quality,429 and implement intelligent transportation system strategies and such other projects that are eligible for assistance under this section on the day before the date of enactment of this paragraph; (6)430 if the project or program involves the pur- chase of integrated, interoperable emergency com- munications equipment; or (7) if the project or program is for— (A) the purchase of diesel retrofits that are— (i) for motor vehicles (as defined in sec- tion 216 of the Clean Air Act (42 U.S.C. 7550)); or (ii) published in the list under subsection (f)(2) for non-road vehicles and non-road engines (as defined in section 216 of the Clean Air Act (42 U.S.C. 7550)) that are used in construction projects that are— (I) located in nonattainment or maintenance areas for ozone, PM10, or PM2.5 (as defined under the Clean Air Act (42 U.S.C. 7401 et seq.)); and (II) funded, in whole or in part, un- der this title; or (B) the conduct of outreach activities that are designed to provide information and technical assistance to the owners and operators of diesel equipment and vehicles regarding the purchase and installation of diesel retrofits. No funds may be provided under this section for a project which will result in the construction of new ca- pacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility 428 Sec. 1808(b)(2) of Pub. L. No. 109-59 inserted “, including advanced truck stop electrification systems,”. Applied literally this would read “electrification systems,,”. Subsec. (b)(2) also struck “or” at the end of the paragraph. 429 Sec. 1808(b)(3)(A) of Pub. L. No. 109-59 inserted “improve transportation systems management and operations that miti- gate congestion and improve air quality,”. 430 Sec. 1808(b)(3)(B) and (C) of Pub. L. No. 109-59 made formatting changes to para. (5) and inserted this paragraph and para. (7).

197 available to single occupant vehicles only at other than peak travel times. In areas of a State which are nonat- tainment for ozone or carbon monoxide, or both, and for PM10 resulting from transportation activities, the State may obligate such funds for any project or program un- der paragraph (1) or (2) without regard to any limita- tion of the Department of Transportation relating to the type of ambient air quality standard such project or program addresses. (c) STATES RECEIVING MINIMUM APPORTIONMENT.— (1) STATES WITHOUT A NONATTAINMENT AREA.—If a State does not have, and never has had, a nonat- tainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds apportioned to the State under section 104(b)(2) for any project in the State that— (A) would otherwise be eligible under this section as if the project were carried out in a nonattainment or maintenance area; or (B) is eligible under the surface transporta- tion program under section 133.431 (2) STATES WITH A NONATTAINMENT AREA.—If a State has a nonattainment area or maintenance area and receives funds under section 104(b)(2)(D) above the amount of funds that the State would have received based on its nonattainment and maintenance area population under subparagraphs (B) and (C) of section 104(b)(2), the State may use that portion of the funds not based on its nonat- tainment and maintenance area population under subparagraphs (B) and (C) of section 104(b)(2) for any project in the State that— (A) would otherwise be eligible under this section as if the project were carried out in a nonattainment or maintenance area; or (B) is eligible under the surface transporta- tion program under section 133.432 (d) APPLICABILITY OF PLANNING REQUIREMENTS.— Programming and expenditure of funds for projects un- der this section shall be consistent with the require- ments of sections 134 and 135 of this title. (e) PARTNERSHIPS WITH NONGOVERNMENTAL ENTITIES.— (1) IN GENERAL.—Notwithstanding any other pro- vision of this title and in accordance with this sub- section, a metropolitan planning organization, State transportation department, or other project sponsor may enter into an agreement with any pub- lic, private, or nonprofit entity to cooperatively im- plement any project carried out under this section. 431 Sec. 1808(c)(1) of Pub. L. No. 109-59 struck “for any pro- ject eligible under the surface transportation program under section 133.” and inserted “for any project in the State” through the end of the paragraph. 432 Sec. 1808(c)(2) of Pub. L. No. 109-59 struck “for any pro- ject in the State eligible under section 133.” and inserted “for any project in the State” through the end of the paragraph. (2) FORMS OF PARTICIPATION BY ENTITIES.— Participation by an entity under paragraph (1) may consist of— (A) ownership or operation of any land, facil- ity, vehicle, or other physical asset associated with the project; (B) cost sharing of any project expense; (C) carrying out of administration, construc- tion management, project management, project operation, or any other management or opera- tional duty associated with the project; and (D) any other form of participation approved by the Secretary. (3) ALLOCATION TO ENTITIES.—A State may allo- cate funds apportioned under section 104(b)(2) to an entity described in paragraph (1). (4) ALTERNATIVE FUEL PROJECTS.—In the case of a project that will provide for the use of alternative fuels by privately owned vehicles or vehicle fleets, activities eligible for funding under this subsec- tion— (A) may include the costs of vehicle refueling infrastructure, including infrastructure that would support the development, production, and use of emerging technologies that reduce emissions of air pollutants from motor vehicles, and other capital investments associated with the project; (B) shall include only the incremental cost of an alternative fueled vehicle, as compared to a conventionally fueled vehicle, that would oth- erwise be borne by a private party; and (C) shall apply other governmental financial purchase contributions in the calculation of net incremental cost. (5) PROHIBITION ON FEDERAL PARTICIPATION WITH RESPECT TO REQUIRED ACTIVITIES.—A Federal par- ticipation payment under this subsection may not be made to an entity to fund an obligation imposed under the Clean Air Act (42 U.S.C. 7401 et seq.) or any other Federal law. (f)433 COST-EFFECTIVE EMISSION REDUCTION GUIDANCE.— (1) DEFINITIONS.—In this subsection, the follow- ing definitions apply: (A) ADMINISTRATOR.—The term “Administra- tor” means the Administrator of the Environ- mental Protection Agency. (B) DIESEL RETROFIT.—The term “diesel ret- rofit” means a replacement, repowering, re- building, after treatment, or other technology, as determined by the Administrator. (2) EMISSION REDUCTION GUIDANCE.—The Admin- istrator, in consultation with the Secretary, shall 433 Sec. 1808(d) of Pub. L. No. 109-59 inserted this subsec- tion.

198 publish a list of diesel retrofit technologies and supporting technical information for— (A) diesel emission reduction technologies certified or verified by the Administrator, the California Air Resources Board, or any other entity recognized by the Administrator for the same purpose; (B) diesel emission reduction technologies identified by the Administrator as having an application and approvable test plan for verifi- cation by the Administrator or the California Air Resources Board that is submitted not later that 18 months of the date of enactment of this subsection; (C) available information regarding the emission reduction effectiveness and cost effec- tiveness of technologies identified in this para- graph, taking into consideration air quality and health effects. (3) PRIORITY.— (A) IN GENERAL.—States and metropolitan planning organizations shall give priority in distributing funds received for congestion miti- gation and air quality projects and programs from apportionments derived from application of sections 104(b)(2)(B) and 104(b)(2)(C) to— (i) diesel retrofits, particularly where necessary to facilitate contract compliance, and other cost-effective emission reduction activities, taking into consideration air quality and health effects; and (ii) cost-effective congestion mitigation activities that provide air quality benefits. (B) SAVINGS.—This paragraph is not in- tended to disturb the existing authorities and roles of governmental agencies in making final project selections. (4) NO EFFECT ON AUTHORITY OR RESTRICTIONS.— Nothing in this subsection modifies or otherwise af- fects any authority or restriction established under the Clean Air Act (42 U.S.C. 7401 et seq.) or any other law (other than provisions of this title relat- ing to congestion mitigation and air quality). (g)434 INTERAGENCY CONSULTATION.—The Secretary shall encourage States and metropolitan planning or- ganizations to consult with State and local air quality agencies in nonattainment and maintenance areas on the estimated emission reductions from proposed con- gestion mitigation and air quality improvement pro- grams and projects. (h)435 EVALUATION AND ASSESSMENT OF PROJECTS.— (1) IN GENERAL.—The Secretary, in consultation with the Administrator of the Environmental Pro- 434 Sec. 1808(e) of Pub. L. No. 109-59 inserted this subsec- tion. 435 Sec. 1808(f) of Pub. L. No. 109-59 inserted this subsec- tion. tection Agency, shall evaluate and assess a repre- sentative sample of projects funded under the con- gestion mitigation and air quality program to— (A) determine the direct and indirect impact of the projects on air quality and congestion levels; and (B) ensure the effective implementation of the program. (2) DATABASE.—Using appropriate assessments of projects funded under the congestion mitigation and air quality program and results from other re- search, the Secretary shall maintain and dissemi- nate a cumulative database describing the impacts of the projects. (3) CONSIDERATION.—The Secretary, in consulta- tion with the Administrator, shall consider the rec- ommendations and findings of the report submitted to Congress under section 1110(e) of the Transpor- tation Equity Act for the 21st Century (112 Stat. 144), including recommendations and findings that would improve the operation and evaluation of the congestion mitigation and air quality improvement program. *** 23 U.S.C. § 303. Management Systems. (a) REGULATIONS.—Not later than 1 year after the date of the enactment of this section, the Secretary shall issue regulations for State development, estab- lishment, and implementation of a system for managing each of the following: (1) Highway pavement of Federal-aid highways. (2) Bridges on and off Federal-aid highways. (3) Highway safety. (4) Traffic congestion. (5) Public transportation facilities and equip- ment. (6) Intermodal transportation facilities and sys- tems. In metropolitan areas, such systems shall be devel- oped and implemented in cooperation with metropolitan planning organizations. Such regulations may include a compliance schedule for development, establishment, and implementation of each such system and minimum standards for each such system. (b) TRAFFIC MONITORING.—Not later than 1 year after the date of the enactment of this section, the Secretary shall issue guidelines and requirements for the State development, establishment, and implementation of a traffic monitoring system for highways and public transportation facilities and equipment. (c) STATE ELECTION.—A State may elect, at any time, not to implement, in whole or in part, 1 or more of the management systems required under this section. The Secretary may not impose any sanction on, or withhold

199 any benefit from, a State on the basis of such an elec- tion. (d) PROCEDURAL REQUIREMENTS.—In developing and implementing a management system under this section, each State shall cooperate with metropolitan planning organizations for urbanized areas of the State and af- fected agencies receiving assistance under chapter 53 of title 49 and shall consider the results of the manage- ment systems in making project selection decisions un- der this title and under chapter 53. (e) INTERMODAL REQUIREMENTS.—The management system required under this section for intermodal transportation facilities and systems shall provide for improvement and integration of all of a State's trans- portation systems and shall include methods of achiev- ing the optimum yield from such systems, methods for increasing productivity in the State, methods for in- creasing use of advanced technologies, and methods to encourage the use of innovative marketing techniques, such as just-in-time deliveries. (f) REPORTS.— (1) ANNUAL REPORTS.—Not later than January 1 of each calendar year beginning after December 31, 1992, the Secretary shall transmit to Congress a report on the progress being made by the Secretary and the States in carrying out this section. (2) REPORT ON IMPLEMENTATION.—Not later than October 1, 1996, the Comptroller General, in con- sultation with States, shall transmit to Congress a report on the management systems under this sec- tion, including recommendations as to whether, to what extent, and how the management systems should be implemented. (g) FUNDING.—Subject to project approval by the Sec- retary, a State may obligate funds apportioned after September 30, 1991, under subsections (b)(1), (b)(2), and (b)(3) of section 104 of this title for developing and establishing management systems required by this sec- tion and funds apportioned under section 144 of this title for developing and establishing the bridge man- agement system required by this section. (h) REVIEW OF REGULATIONS.—Not later than 10 days after the date of issuance of any regulation under this section, the Secretary shall transmit a copy of such regulation to Congress for review. *** 23 U.S.C. § 512.436 National ITS Program Plan. (a) IN GENERAL.— (1) UPDATES.—Not later than 1 year after the date of enactment of the SAFETEA–LU, the Sec- retary, in consultation with interested stake- holders (including State transportation depart- ments) shall develop a 5-year National 436 Sec. 5301(a) of Pub. L. No. 109-59 added this section. Intelligent Transportation System (in this section referred to as “ITS”) program plan. (2) SCOPE.—The National ITS program plan shall— (A) specify the goals, objectives, and mile- stones for the research and deployment of in- telligent transportation systems in the con- texts of— (i) major metropolitan areas; (ii) smaller metropolitan and rural ar- eas; and (iii) commercial vehicle operations; (B) specify the manner in which specific programs and projects will achieve the goals, objectives, and milestones referred to in sub- paragraph (A), including consideration of a 5-year timeframe for the goals and objec- tives; (C) identify activities that provide for the dynamic development, testing, and necessary revision of standards and protocols to pro- mote and ensure interoperability in the im- plementation of intelligent transportation system technologies, including actions taken to establish standards; and (D) establish a cooperative process with State and local governments for— (i) determining desired surface trans- portation system performance levels; and (ii) developing plans for accelerating the incorporation of specific intelligent transportation system capabilities into surface transportation systems. (b) REPORTING.—The National ITS program plan shall be submitted and biennially updated as part of the transportation research and development strate- gic plan developed under section 508. 23 U.S.C. § 513.437 Use of Funds for ITS Activities. (a) IN GENERAL.—For each fiscal year, not more than $250,000 of the funds made available to carry out this subtitle C of title V of the SAFETEA–LU shall be used for intelligent transportation system outreach, public relations, displays, tours, and bro- chures. (b) APPLICABILITY.—Subsection (a) shall not apply to intelligent transportation system training, scholarships, or the publication or distribution of research findings, technical guidance, or similar documents. *** 437 Sec. 5302(a) of Pub. L. No. 109-59 added this section.

200 CHAPTER 6—INFRASTRUCTURE FINANCE 438 23 U.S.C. § 601. Generally Applicable Provisions.439 (a) DEFINITIONS.—In this chapter,440 the following definitions apply: (1) ELIGIBLE PROJECT COSTS.—The term “eligible project costs” means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of— (A) development phase activities, including planning, feasibility analysis, revenue forecast- ing, environmental review, permitting, pre- liminary engineering and design work, and other preconstruction activities; (B) construction, reconstruction, rehabilita- tion, replacement, and acquisition of real prop- erty (including land related to the project and improvements to land), environmental mitiga- tion, construction contingencies, and acquisi- tion of equipment; and (C) capitalized interest necessary to meet market requirements, reasonably required re- serve funds, capital issuance expenses, and other carrying costs during construction. (2) FEDERAL CREDIT INSTRUMENT.—The term “Federal credit instrument” means a secured loan, loan guarantee, or line of credit authorized to be made available under this chapter with respect to a project. (3) INVESTMENT-GRADE RATING.—The term “in- vestment-grade rating” means a rating offered into the capital markets441 of BBB minus, Baa3, or higher assigned by a rating agency to project obli- gations offered into the capital markets. (4) LENDER.—The term “lender” means any non- Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange 438 Sec. 1602(b)(5) of Pub. L. No. 109-59 struck “this sub- chapter” and inserted “this chapter” throughout subchap. II. Sec. 1602(b)(6) of Pub. L. No. 109-59 deleted the designation “SUBCHAPTER II—INFRASTRUCTURE FINANCE”; Sec. 1602(c) and (d) of Pub. L. No. 109-59 added chap. 6 to tit. 23 and redesignated §§ 181–189 as §§ 601–609 and moved them to chap. 6. Since the table of contents includes what was the new § 190 as § 610, it is assumed that the omission of §§ 190 and 610 from § 1602(d) was a drafting error; § 190 has been redes- ignated as § 610 here. Sec. 1503(a) of Pub. L. No. 105-178 originally added this subchapter, §§ 181 through 189. 439 Sec. 1602(b)(1)(A) of Pub. L. No. 109-59 struck the section designator “DEFINITIONS” and inserted this heading. 440 Sec. 1602(b)(1)(B) of Pub. L. No. 109-59 struck “In this subchapter” and inserted this subsection designation and in- troductory phrase. 441 Sec. 1601(a)(1) of Pub. L. No. 109-59 struck “category” and inserted “offered into the capital markets”. Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), including— (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and (B) a governmental plan (as defined in sec- tion 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. (5) LINE OF CREDIT.—The term “line of credit” means an agreement entered into by the Secretary with an obligor under section 604442 to provide a di- rect loan at a future date upon the occurrence of certain events. (6) LOAN GUARANTEE.—The term “loan guarantee” means any guarantee or other pledge by the Secre- tary to pay all or part of the principal of and inter- est on a loan or other debt obligation issued by an obligor and funded by a lender. (7)443 OBLIGOR.—The term “obligor” means a party primarily liable for payment of the principal of or interest on a Federal credit instrument, which party may be a corporation, partnership, joint ven- ture, trust, or governmental entity, agency, or in- strumentality. (8) PROJECT.—The term “project” means— (A) any surface transportation project eligi- ble for Federal assistance under this title or chapter 53 of title 49; (B) a project for an international bridge or tunnel for which an international entity au- thorized under Federal or State law is respon- sible;444 (C) a project for intercity passenger bus or rail facilities and vehicles, including facilities and vehicles owned by the National Railroad Passenger Corporation and components of magnetic levitation transportation systems; and (D)445 a project that— 442 Sec. 1602(b)(1)(C) of Pub. L. No. 109-59 struck “184” and inserted “604”. 443 Sec. 1601(a)(2) of Pub. L. No. 109-59 struck para. (7) and redesignated paras. (8) through (15) as paras. (7) through (14), respectively. Before amendment, para. (7) read: (7) LOCAL SERVICER.—The term ‘local servicer’ means— (A) a State infrastructure bank established under this title; or (B) a State or local government or any agency of a State or lo- cal government that is responsible for servicing a Federal credit instrument on behalf of the Secretary. 444 Sec. 1601(a)(3)(A) of Pub. L. No. 109-59 struck the period and inserted the semicolon. 445 Sec. 1601(a)(3)(B) of Pub. L. No. 109-59 struck subpara. (D) and inserted this subparagraph. Before amendment, sub- para. (D) read: “a project for publicly owned intermodal surface freight transfer facilities, other than seaports and airports, if the facilities are located on or adjacent to National Highway

201 (i) is a project— (I) for a public freight rail facility or a private facility providing public benefit for highway users; (II) for an intermodal freight trans- fer facility; (III) for a means of access to a facil- ity described in subclause (I) or (II); (IV) for a service improvement for a facility described in subclause (I) or (II) (including a capital investment for an intelligent transportation system); or (V) that comprises a series of pro- jects described in subclauses (I) through (IV) with the common objec- tive of improving the flow of goods; (ii) may involve the combining of private and public sector funds, including invest- ment of public funds in private sector facil- ity improvements; and (iii) if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifica- tions as are necessary to facilitate direct intermodal interchange, transfer, and ac- cess into and out of the port. (9) PROJECT OBLIGATION.—The term “project obli- gation” means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument. (10) RATING AGENCY.—The term “rating agency” means a credit446 rating agency identified by the Securities and Exchange Commission as a Nation- ally Recognized Statistical Rating Organization. (11) SECURED LOAN.—The term “secured loan” means a direct loan or other debt obligation issued by an obligor and funded by the Secretary in con- nection with the financing of a project under sec- tion 603.447 (12) STATE.—The term “State” has the meaning given the term in section 101. (13) SUBSIDY AMOUNT.—The term “subsidy amount” means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit in- strument, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays in ac- System routes or connections to the National Highway Sys- tem.”. 446 Sec. 1601(a)(4) of Pub. L. No. 109-59 struck “bond” and inserted “credit”. 447 Sec. 1602(b)(1)(D) of Pub. L. No. 109-59 struck “183” and inserted “603”. cordance with the provisions of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). (14) SUBSTANTIAL COMPLETION.—The term “sub- stantial completion” means the opening of a project to vehicular or passenger traffic. (b)448 TREATMENT OF CHAPTER.—For purposes of this title, this chapter shall be treated as being part of chap- ter 1. 23 U.S.C. § 602. Determination of Eligibility and Project Selection. (a) ELIGIBILITY.—To be eligible to receive financial as- sistance under this chapter, a project shall meet the following criteria: (1)449 INCLUSION IN TRANSPORTATION PLANS AND PROGRAMS.—The project shall satisfy the applicable planning and programming re- quirements of sections 134 and 135 at such time as an agreement to make available a Fed- eral credit instrument is entered into under this chapter. (2) APPLICATION.—A State, local government, public authority, public-private partnership, or any other legal entity undertaking the project and au- thorized by the Secretary, shall submit a project application to the Secretary. (3) Eligible project costs.— (A) In general.—Except as provided in sub- paragraph (B), to be eligible for assistance un- der this chapter, a project shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of— (i) $100,000,000450; or (ii) 33 13451 percent of the amount of Federal highway assistance funds appor- tioned for the most recently completed fis- cal year to the State in which the project is located. 448 Sec. 1602(b)(1)(E) of Pub. L. No. 109-59 added this sub- section. 449 Sec. 1601(b)(1) of Pub. L. No. 109-59 struck paras. (1) and (2) and inserted the above paras. (1) and (2). Before amend- ment, paras. (1) and (2) read: (1) Inclusion in transportation plans and programs.—The project— (A) shall be included in the State transportation plan re- quired under section 135; and (B) at such time as an agreement to make available a Federal credit instrument is entered into under this subchapter, shall be included in the approved State transportation improvement program required under section 134. (2) Application.—A State, a local servicer identified under section 185(a), or the entity undertaking the project shall sub- mit a project application to the Secretary. 450 Sec. 1601(b)(2) of Pub. L. No. 109-59 struck “100,000,000” and inserted “$50,000,000”. 451 Sec. 1601(b)(3) of Pub. L. No. 109-59 struck “50” and in- serted “33 1/3”.

202 (B) Intelligent transportation system pro- jects.—In the case of a project principally in- volving the installation of an intelligent trans- portation system, eligible project costs shall be reasonably anticipated to equal or exceed $15,000,000.452 (4) DEDICATED REVENUE SOURCES.—The Federal credit instrument453 shall be repayable, in whole or in part, from tolls, user fees, or other dedicated revenue sources that also secure the project obliga- tions.454 (5) PUBLIC SPONSORSHIP OF PRIVATE ENTITIES.—In the case of a project that is undertaken by an entity that is not a State or local government or an agency or instrumentality of a State or local government, the project that the entity is undertaking shall be publicly sponsored as provided in paragraphs (1) and (2). (b) SELECTION AMONG ELIGIBLE PROJECTS.— (1) ESTABLISHMENT.—The Secretary shall estab- lish criteria for selecting among projects that meet the eligibility requirements455 specified in subsec- tion (a). (2) SELECTION CRITERIA.— (A) IN GENERAL.—The selection criteria shall include the following: (i) The extent to which the project is na- tionally or regionally significant, in terms of generating economic benefits, support- ing international commerce, or otherwise enhancing the national transportation sys- tem. (ii) The creditworthiness of the project, including a determination by the Secretary that any financing for the project has ap- propriate security features, such as a rate covenant, to ensure repayment. (iii) The extent to which assistance un- der this chapter would foster innovative public-private partnerships and attract private debt or equity investment. (iv) The likelihood that assistance under this chapter would enable the project to proceed at an earlier date than the project would otherwise be able to proceed. (v) The extent to which the project uses new technologies, including intelligent transportation systems, that enhance the efficiency of the project. 452 Sec. 1601(b)(4) of Pub. L. No. 109-59 struck “30,000,000” and inserted “$15,000,000”. 453 Sec. 1601(b)(5)(A) of Pub. L. No. 109-59 struck “Project financing” and inserted “The Federal credit instrument”. 454 Sec. 1601(b)(5)(B) of Pub. L. No. 109-59 inserted “that also secure the project obligations”. 455 Sec. 1601(c)(1) of Pub. L. No. 109-59 struck “criteria” and inserted “requirements”. (vi) The amount of budget authority re- quired to fund the Federal credit instru- ment made available under this chapter. (vii) The extent to which the project helps maintain or protect the environment. (viii) The extent to which assistance un- der this chapter and chapter 1456 would re- duce the contribution of Federal grant as- sistance to the project. (B) PRELIMINARY RATING OPINION LETTER.— For purposes of subparagraph (A)(ii), the Sec- retary shall require each project applicant to provide a preliminary rating opinion letter from at least 1 rating agency indicating that the project's senior obligations, which may be the Federal credit instrument,457 have the po- tential to achieve an investment-grade rating. (c) FEDERAL REQUIREMENTS.—In addition to the re- quirements of this title for highway projects, chapter 53 of title 49 for transit projects, and section 5333(a) of title 49 for rail projects, the following provisions of law shall apply to funds made available under this subchap- ter and projects assisted with the funds: (1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (2) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). 23 U.S.C. § 603. Secured Loans. (a) IN GENERAL.— (1) AGREEMENTS.—Subject to paragraphs (2) through (4), the Secretary may enter into agree- ments with 1 or more obligors to make secured loans, the proceeds of which shall be used— (A) to finance eligible project costs of any project selected under section 602458; or (B) to refinance interim construction financ- ing of eligible project costs of any project se- lected under section 602; or459 (C)460 to refinance long-term project obliga- tions or Federal credit instruments if such re- financing provides additional funding capacity for the completion, enhancement, or expansion of any project that— 456 Sec. 1602(b)(2) of Pub. L. No. 109-59 inserted “and chap- ter 1”. 457 Sec. 1601(c)(2) of Pub. L. No. 109-59 inserted “, which may be the Federal credit instrument,”. 458 Sec. 1601(d)(1)(A) of Pub. L. No. 109-59 inserted “of any project selected under section 602”. 459 Sec. 1601(d)(1)(B) of Pub. L. No. 109-59 struck “; of any project selected under section 182.” and inserted “of any project selected under section 602; or”. 460 Sec. 1601(d)(1)(C) of Pub. L. No. 109-59 inserted this subparagraph.

203 (i) is selected under section 602; or (ii) otherwise meets the requirements of section 602. (2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION FINANCING.—A loan under para- graph (1) shall not refinance interim construction financing under paragraph (1)(B) later than 1 year after the date of substantial completion of the pro- ject. (3) RISK ASSESSMENT.—Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Man- agement and Budget and each rating agency pro- viding a preliminary rating opinion letter under section 602(b)(2)(B),461 shall determine an appropri- ate capital reserve subsidy amount for each secured loan, taking into account such letter. (4) INVESTMENT-GRADE RATING REQUIREMENT.— The funding462 of a secured loan under this section shall be contingent on the project's senior obliga- tions receiving an investment-grade rating.463 (b) TERMS AND LIMITATIONS.— (1) IN GENERAL.—A secured loan under this sec- tion with respect to a project shall be on such terms and conditions and contain such covenants, repre- sentations, warranties, and requirements (includ- ing requirements for audits) as the Secretary de- termines appropriate. (2) MAXIMUM AMOUNT.—The amount of the se- cured loan shall not exceed the lesser of464 33 per- cent of the reasonably anticipated eligible project costs or, if the secured loan does not receive an in- vestment grade rating, the amount of the senior project obligations.465 (3) PAYMENT.—The secured loan— (A) shall— (i) be payable, in whole or in part, from tolls, user fees, or other dedicated revenue 461 Sec. 1602(b)(3) of Pub. L. No. 109-59 struck “182(b)(2)(B)” and inserted “602(b)(2)(B)”. 462 Sec. 1601(d)(2)(A) of Pub. L. No. 109-59 struck “The fund- ing” and inserted “The execution”. 463 Sec. 1601(d)(2)(B) of Pub. L. No. 109-59 struck , except that— (A) the Secretary may fund an amount of the secured loan not to exceed the capital reserve subsidy amount determined under paragraph (3) prior to the obligations receiving an investment- grade rating; and (B) the Secretary may fund the remaining portion of the se- cured loan only after the obligations have received an invest- ment-grade rating by at least 1 rating agency. 464 Sec. 1601(d)(3)(A)(i) of Pub. L. No. 109-59 inserted “lesser of”. 465 Sec. 1601(d)(3)(A)(ii) of Pub. L. No. 109-59 inserted “or, if the secured loan does not receive an investment grade rating, the amount of the senior project obligations”. sources that also secure the senior project obligations;466 and (ii) include a rate covenant, coverage re- quirement, or similar security feature sup- porting the project obligations; and (B) may have a lien on revenues described in subparagraph (A) subject to any lien securing project obligations. (4) INTEREST RATE.—The interest rate on the se- cured loan shall be not less than the yield on 467United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. (5) MATURITY DATE.—The final maturity date of the secured loan shall be not later than 35 years af- ter the date of substantial completion of the project. (6) NONSUBORDINATION.—The secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, in- solvency, or liquidation of the obligor. (7) FEES.—The Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. (8) NON-FEDERAL SHARE.—The proceeds of a se- cured loan under this chapter may be used for any non-Federal share of project costs required under this title or chapter 53 of title 49, if the loan is re- payable from non-Federal funds. (c) REPAYMENT.— (1) SCHEDULE.—The Secretary shall establish a repayment schedule for each secured loan under this section based on the projected cash flow from project revenues and other repayment sources. (2) COMMENCEMENT.—Scheduled loan repay- ments of principal or interest on a secured loan un- der this section shall commence not later than 5 years after the date of substantial completion of the project. (3)468 DEFERRED PAYMENTS.— (A) AUTHORIZATION.—If, at any time469 after the date of substantial completion of the pro- ject, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal 466 Sec. 1601(d)(3)(B) of Pub. L. No. 109-59 inserted “that also secure the senior project obligations”. 467 Sec. 1601(d)(3)(C) of Pub. L. No. 109-59 struck “market- able” before “United States”. 468 Sec. 1601(d)(4)(A) and (B) of Pub. L. No. 109-59 struck para. (3) and redesignated paras. (4) and (5) as paras. (3) and (4), respectively. Before amendment, para. (3) read: “SOURCES OF REPAYMENT FUNDS.—The sources of funds for scheduled loan repayments under this section shall include tolls, user fees, or other dedicated revenue sources.”. 469 Sec. 1601(d)(4)(C) of Pub. L. No. 109-59 struck “during the 10 years” after “at any time”.

204 and interest to the outstanding balance of the secured loan. (B) INTEREST.—Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest in accor- dance with subsection (b)(4) until fully re- paid; and (ii) be scheduled to be amortized over the remaining term of the loan.470 (C) CRITERIA.— (i) IN GENERAL.—Any payment deferral under subparagraph (A) shall be contin- gent on the project meeting criteria estab- lished by the Secretary. (ii) REPAYMENT STANDARDS.—The criteria established under clause (i) shall include standards for reasonable assurance of re- payment. (4) PREPAYMENT.— (A) USE OF EXCESS REVENUES.—Any excess revenues that remain after satisfying sched- uled debt service requirements on the project obligations and secured loan and all deposit re- quirements under the terms of any trust agreement, bond resolution, or similar agree- ment securing project obligations may be ap- plied annually to prepay the secured loan without penalty. (B) USE OF PROCEEDS OF REFINANCING.—The secured loan may be prepaid at any time with- out penalty from the proceeds of refinancing from non-Federal funding sources. (d) SALE OF SECURED LOANS.— (1) IN GENERAL.—Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secre- tary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. (2) CONSENT OF OBLIGOR.—In making a sale or re- offering under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the written consent of the ob- ligor. (e) LOAN GUARANTEES.— (1) IN GENERAL.—The Secretary may provide a loan guarantee to a lender in lieu of making a se- cured loan if the Secretary determines that the budgetary cost of the loan guarantee is substan- tially the same as that of a secured loan. (2) TERMS.—The terms of a guaranteed loan shall be consistent with the terms set forth in this sec- tion for a secured loan, except that the rate on the guaranteed loan and any prepayment features 470 Sec. 1601(d)(4)(D) of Pub. L. No. 109-59 struck “loan be- ginning not later than 10 years after the date of substantial completion of the project in accordance with paragraph (1).”. shall be negotiated between the obligor and the lender, with the consent of the Secretary. 23 U.S.C. § 604. Lines of Credit. (a) IN GENERAL.— (1) AGREEMENTS.—Subject to paragraphs (2) through (4), the Secretary may enter into agree- ments to make available lines of credit to 1 or more obligors in the form of direct loans to be made by the Secretary at future dates on the occurrence of certain events for any project selected under section 602.471 (2) USE OF PROCEEDS.—The proceeds of a line of credit made available under this section shall be available to pay debt service on project obligations issued to finance eligible project costs, extraordi- nary repair and replacement costs, operation and maintenance expenses, and costs associated with unexpected Federal or State environmental restric- tions. (3) RISK ASSESSMENT.—Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Man- agement and Budget and each rating agency pro- viding a preliminary rating opinion letter under section 602(b)(2)(B),472 shall determine an appropri- ate capital reserve subsidy amount for each line of credit, taking into account such letter. (4) INVESTMENT-GRADE RATING REQUIREMENT.— The funding of a line of credit under this section shall be contingent on the project's senior obliga- tions receiving an investment-grade rating from at least 1 rating agency. (b) TERMS AND LIMITATIONS.— (1) IN GENERAL.—A line of credit under this sec- tion with respect to a project shall be on such terms and conditions and contain such covenants, repre- sentations, warranties, and requirements (includ- ing requirements for audits) as the Secretary de- termines appropriate. (2)473 MAXIMUM AMOUNTS.— (A) TOTAL AMOUNT.—The total amount of the line of credit shall not exceed 33 percent of the reasonably anticipated eligible project costs. 471 Sec. 1602(b)(4)(A) of Pub. L. No. 109-59 struck “182” and inserted “602”. 472 Sec. 1602(b)(4)(B) struck “182(b)(2)(B)” and inserted “602(b)(2)(B)”. 473 Sec. 1601(e)(1)(A) of Pub. L. No. 109-59 struck para. (2) and inserted this paragraph. Before amendment, para. (2) read: (2) Maximum amounts.— (A) Total amount.—The total amount of the line of credit shall not exceed 33 percent of the reasonably anticipated eligible project costs. (B) 1-year draws.—The amount drawn in any 1 year shall not exceed 20 percent of the total amount of the line of credit.

205 (B) 1-YEAR DRAWS.—The amount drawn in any 1 year shall not exceed 20 percent of the total amount of the line of credit. (3) DRAWS.—Any draw on the line of credit shall represent a direct loan and shall be made only if net revenues from the project (including capitalized interest but not including reasonably required fi- nancing reserves)474 are insufficient to pay the costs specified in subsection (a)(2). (4) INTEREST RATE.—The interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on 30-year market- able 475United States Treasury securities as of the date of execution of the line of credit agreement. (5) SECURITY.—The line of credit— (A) shall— (i) be payable, in whole or in part, from tolls, user fees, or other dedicated revenue sources that also secure the senior project obligations;476 and (ii) include a rate covenant, coverage re- quirement, or similar security feature sup- porting the project obligations; and (B) may have a lien on revenues described in subparagraph (A) subject to any lien securing project obligations. (6) PERIOD OF AVAILABILITY.—The full amount of the line of credit, to the extent not drawn upon,477 shall be available during the period beginning on the date of substantial completion of the project and ending not later than 10 years after that date. (7) RIGHTS OF THIRD-PARTY CREDITORS.— (A) AGAINST FEDERAL GOVERNMENT.—A third- party creditor of the obligor shall not have any right against the Federal Government with re- spect to any draw on the line of credit. (B) ASSIGNMENT.—An obligor may assign the line of credit to 1 or more lenders or to a trus- tee on the lenders' behalf. (8) NONSUBORDINATION.—A direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obli- gor. (9) FEES.—The Secretary may establish fees at a level sufficient to cover all or a portion of the costs 474 Sec. 1601(e)(1)(B) of Pub. L. No. 109-59 struck “, any debt service reserve fund, and any other available reserve” and in- serted “but not including reasonably required financing re- serves”. 475 Sec. 1601(e)(1)(C) of Pub. L. No. 109-59 struck “market- able” before “United States”, struck “on which” and inserted “of execution of”, and struck “is obligated” and inserted “agree- ment”. 476 Sec. 1601(e)(1)(D) of Pub. L. No. 109-59 inserted “that also secure the senior project obligations”. 477 Sec. 1601(e)(1)(E) of Pub. L. No. 109-59 struck “line of credit” and inserted “full amount of the line of credit, to the extent not drawn upon,”. to the Federal Government of providing a line of credit under this section. (10) RELATIONSHIP TO OTHER CREDIT INSTRUMENTS.—A project that receives a line of credit under this section also shall not receive a se- cured loan or loan guarantee under section 603478 of an amount that, combined with the amount of the line of credit, exceeds 33 percent of eligible project costs. (c)479 REPAYMENT.— (1) TERMS AND CONDITIONS.—The Secretary shall establish repayment terms and conditions for each direct loan under this section based on the pro- jected cash flow from project revenues and other repayment sources. (2) TIMING.—All repayments of principal or inter- est on a direct loan under this section shall be scheduled480 commence not later than 5 years after the end of the period of availability specified in subsection (b)(6) and to conclude, with full repay- ment of principal and interest, by the date that is 25 years after the end of the period of availability specified in subsection (b)(6). 23 U.S.C. § 605.481 Program Administration. (a) REQUIREMENT.—The Secretary shall establish a uniform system to service the Federal credit instru- ments made available under this chapter. (b) FEES.— (1) IN GENERAL.—The Secretary may collect and spend fees, contingent upon authority being pro- vided in appropriations Acts, at a level that is suffi- cient to cover— (A) the costs of services of expert firms re- tained pursuant to subsection (d); and (B) all or a portion of the costs to the Federal Government of servicing the Federal credit in- struments. (c) SERVICER.— (1) IN GENERAL.—The Secretary may appoint a fi- nancial entity to assist the Secretary in servicing the Federal credit instruments. (2) DUTIES.—The servicer shall act as the agent for the Secretary. (3) FEE.—The servicer shall receive a servicing fee, subject to approval by the Secretary. 478 Sec. 1602(b)(4)(C) of Pub. L. No. 109-59 struck “183” and inserted “603”. 479 Sec. 1601(e)(2)(B) of Pub. L. No. 109-59 struck para. (3), which read: “(3) SOURCES OF REPAYMENT FUNDS.—The sources of funds for scheduled loan repayments under this section shall include tolls, user fees, or other dedicated revenue sources.”. 480 Sec. 1601(e)(2)(A) of Pub. L. No. 109-59 struck “sched- uled” before “repayments”; inserted “be scheduled”; and struck “be fully repaid, with interest,” and inserted instead “to con- clude, with full repayment of principal and interest,”. 481 Sec. 1601(f) of Pub. L. No. 109-59 amended this section generally. See app. D for heading and text of prior section.

206 (d) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may retain the services of expert firms, including coun- sel, in the field of municipal and project finance to as- sist in the underwriting and servicing of Federal credit instruments. 23 U.S.C. § 606. State and Local Permits. The provision of financial assistance under this chap- ter with respect to a project shall not— (1) relieve any recipient of the assistance of any obligation to obtain any required State or local permit or approval with respect to the project; (2) limit the right of any unit of State or local government to approve or regulate any rate of re- turn on private equity invested in the project; or (3) otherwise supersede any State or local law (including any regulation) applicable to the con- struction or operation of the project. 23 U.S.C. § 607. Regulations. The Secretary may issue such regulations as the Sec- retary determines appropriate to carry out this chapter. 23 U.S.C. § 608.482 Funding. (a) FUNDING.— (1) IN GENERAL.—There is authorized to be ap- propriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this chapter $122,000,000 for each of fiscal years 2005 through 2009. (2) AVAILABILITY.—Amounts made available to carry out this chapter shall remain available until expended. (3) ADMINISTRATIVE COSTS.—From funds made available to carry out this chapter, the Secretary may use, for the administration of this chapter, not more than $2,200,000 for each of fiscal years 2005 through 2009. (b) CONTRACT AUTHORITY.— (1) IN GENERAL.—Notwithstanding any other pro- vision of law, approval by the Secretary of a Fed- eral credit instrument that uses funds made avail- able under this chapter shall impose upon the United States a contractual obligation to fund the Federal credit investment. (2) AVAILABILITY.—Amounts authorized under this section for a fiscal year shall be available for obligation on October 1 of the fiscal year. 23 U.S.C. § 609.483 Reports to Congress. On June 1, 2006, and every 2 years thereafter,484 the Secretary shall submit to Congress a report summariz- 482 Sec. 1601(g) of Pub. L. No. 109-59 amended this section generally. See app. D for text of prior section. 483 Sec. 1601(h)(1) of Pub. L. No. 109-59 changed the section heading from “Report to Congress” to “Reports to Congress”. 484 Sec. 1601(h)(2) of Pub. L. No. 109-59 struck “Not later than 4 years after the date of enactment of this subchapter,” and inserted “On June 1, 2006, and every 2 years thereafter,”. ing the financial performance of the projects that are receiving, or have received, assistance under this chap- ter (other than section 610),485 including a recommenda- tion as to whether the objectives of this chapter (other than section 610) are best served— (1) by continuing the program under the author- ity of the Secretary; (2) by establishing a Government corporation or Government-sponsored enterprise to administer the program; or (3) by phasing out the program and relying on the capital markets to fund the types of infrastruc- ture investments assisted by this chapter (other than section 610) without Federal participation. *** 23 U.S.C. § 610.486 State Infrastructure Bank Program. (a) DEFINITIONS.—In this section, the following defini- tions apply: (1) CAPITAL PROJECT.—The term “capital project” has the meaning such term has under section 5302 of title 49. (2) OTHER FORMS OF CREDIT ASSISTANCE.—The term “other forms of credit assistance” includes any use of funds in an infrastructure bank— (A) to provide credit enhancements; (B) to serve as a capital reserve for bond or debt instrument financing; (C) to subsidize interest rates; (D) to insure or guarantee letters of credit and credit instruments against credit risk of loss; (E) to finance purchase and lease agreements with respect to transit projects; (F) to provide bond or debt financing instru- ment security; and (G) to provide other forms of debt financing and methods of leveraging funds that are ap- proved by the Secretary and that relate to the project with respect to which such assistance is being provided. (3) STATE.—The term “State” has the meaning such term has under section 401. (4) CAPITALIZATION.—The term “capitalization” means the process used for depositing funds as ini- tial capital into a State infrastructure bank to es- tablish the infrastructure bank. (5) COOPERATIVE AGREEMENT.—The term “coop- erative agreement” means written consent between a State and the Secretary which sets forth the 485 Sec. 1601(h)(3) of Pub. L. No. 109-59 struck “subchapter” and inserted “chapter (other than section 610)” here and throughout the section. 486 Sec. 1602(a) of Pub. L. No. 109-59 added this section as 23 U.S.C. § 190. See supra note 127, this part.

207 manner in which the infrastructure bank estab- lished by the State in accordance with this section will be administered. (6) LOAN.—The term “loan” means any form of direct financial assistance from a State infrastruc- ture bank that is required to be repaid over a pe- riod of time and that is provided to a project spon- sor for all or part of the costs of the project. (7) GUARANTEE.—The term “guarantee” means a contract entered into by a State infrastructure bank in which the bank agrees to take responsibil- ity for all or a portion of a project sponsor’s finan- cial obligations for a project under specified condi- tions. (8) INITIAL ASSISTANCE.—The term “initial assis- tance” means the first round of funds that are loaned or used for credit enhancement by a State infrastructure bank for projects eligible for assis- tance under this section. (9) LEVERAGE.—The term “leverage” means a fi- nancial structure used to increase funds in a State infrastructure bank through the issuance of debt instruments. (10) LEVERAGED.—The term “leveraged”, as used with respect to a State infrastructure bank, means that the bank has total potential liabilities that ex- ceed the capital of the bank. (b) COOPERATIVE AGREEMENTS.—Subject to the provi- sions of this section, the Secretary may enter into coop- erative agreements with States for the establishment of State infrastructure banks for making loans and provid- ing other forms of credit assistance to public and pri- vate entities carrying out or proposing to carry out pro- jects eligible for assistance under this section. (c) INTERSTATE COMPACTS.— (1) IN GENERAL.—Congress grants consent to two or more of the States, entering into a cooperative agreement under subsection (a) with the Secretary for the establishment by such States of a multistate infrastructure bank in accordance with this section, to enter into an interstate compact establishing such bank in accordance with this section. (2) RESERVATION OF RIGHTS.—The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. (d) FUNDING.— (1) HIGHWAY ACCOUNT.—Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to estab- lish a State infrastructure bank to deposit into the highway account of the bank not to exceed— (A) 10 percent of the funds apportioned to the State for each of fiscal years 2005 through 2009 under each of sections 104(b)(1), 104(b)(3), 104(b)(4), and 144; and (B) 10 percent of the funds allocated to the State for each of such fiscal years under section 105. (2) TRANSIT ACCOUNT.—Subject to subsection (j), the Secretary may permit a State entering into a cooperative agreement under this section to estab- lish a State infrastructure bank, and any other re- cipient of Federal assistance under section 5307, 5309, or 5311 of title 49, to deposit into the transit account of the bank not to exceed 10 percent of the funds made available to the State or other recipient in each of fiscal years 2005 through 2009 for capital projects under each of such sections. (3) RAIL ACCOUNT.—Subject to subsection (j), the Secretary may permit a State entering into a coop- erative agreement under this section to establish a State infrastructure bank, and any other recipient of Federal assistance under subtitle V of title 49, to deposit into the rail account of the bank funds made available to the State or other recipient in each of fiscal years 2005 through 2009 for capital projects under such subtitle. (4) CAPITAL GRANTS.— (A) HIGHWAY ACCOUNT.—Federal funds de- posited into a highway account of a State infra- structure bank under paragraph (1) shall con- stitute for purposes of this section a capitalization grant for the highway account of the bank. (B) TRANSIT ACCOUNT.—Federal funds depos- ited into a transit account of a State infrastruc- ture bank under paragraph (2) shall constitute for purposes of this section a capitalization grant for the transit account of the bank. (C) RAIL ACCOUNT.—Federal funds deposited into a rail account of a State infrastructure bank under paragraph 3 shall constitute for purposes of this section a capitalization grant for the rail account of the bank. (5) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.—Funds in a State infrastructure bank that are attributed to urbanized areas of a State with urbanized populations of over 200,000 under section 133(d)(3) may be used to provide assistance with respect to a project only if the metropolitan planning organization designated for such area concurs, in writing, with the provision of such as- sistance. (6) DISCONTINUANCE OF FUNDING.—If the Secre- tary determines that a State is not implementing the State’s infrastructure bank in accordance with a cooperative agreement entered into under subsec- tion (b), the Secretary may prohibit the State from contributing additional Federal funds to the bank. (e) FORMS OF ASSISTANCE FROM INFRASTRUCTURE BANKS.—An infrastructure bank established under this section may make loans or provide other forms of credit assistance to a public or private entity in an amount equal to all or a part of the cost of carrying out a project eligible for assistance under this section. The amount of any loan or other form of credit assistance provided for the project may be subordinated to any other debt fi-

208 nancing for the project. Initial assistance provided with respect to a project from Federal funds deposited into an infrastructure bank under this section may not be made in the form of a grant. (f) ELIGIBLE PROJECTS.—Subject to subsection (e), funds in an infrastructure bank established under this section may be used only to provide assistance for pro- jects eligible for assistance under this title and capital projects defined in section 5302 of title 49, and any other projects relating to surface transportation that the Secretary determines to be appropriate. (g) INFRASTRUCTURE BANK REQUIREMENTS.—In order to establish an infrastructure bank under this section, the State establishing the bank shall— (1) deposit in cash, at a minimum, into each ac- count of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and depos- ited into such account; except that, if the deposit is into the highway account of the bank and the State has a non-Federal share under section 120(b) that is less than 25 percent, the percentage to be depos- ited from non-Federal sources shall be the lower percentage of such grant; (2) ensure that the bank maintains on a continu- ing basis an investment grade rating on its debt, or has a sufficient level of bond or debt financing in- strument insurance, to maintain the viability of the bank; (3) ensure that investment income derived from funds deposited to an account of the bank are— (A) credited to the account; (B) available for use in providing loans and other forms of credit assistance to projects eli- gible for assistance from the account; and (C) invested in United States Treasury secu- rities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of pro- jects assisted by the bank; (4) ensure that any loan from the bank will bear interest at or below market interest rates, as de- termined by the State, to make the project that is the subject of the loan feasible; (5) ensure that repayment of any loan from the bank will commence not later than 5 years after the project has been completed or, in the case of a highway project, the facility has opened to traffic, whichever is later; (6) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan; and (7) require the bank to make an annual report to the Secretary on its status no later than September 30 of each year and such other reports as the Secre- tary may require under guidelines issued to carry out this section. (h) APPLICABILITY OF FEDERAL LAW.— (1) IN GENERAL.—The requirements of this title and title 49 that would otherwise apply to funds made available under this title or such title and projects assisted with those funds shall apply to— (A) funds made available under this title or such title and contributed to an infrastructure bank established under this section, including the non-Federal contribution required under subsection (g); and (B) projects assisted by the bank through the use of the funds, except to the extent that the Secretary determines that any requirement of such title (other than sections 113 and 114 of this title and section 5333 of title 49) is not consistent with the objectives of this section. (2) REPAYMENTS.—The requirements of this title and title 49 shall apply to repayments from non- Federal sources to an infrastructure bank from pro- jects assisted by the bank. Such a repayment shall be considered to be Federal funds. (i) UNITED STATES NOT OBLIGATED.—The deposit of Federal funds into an infrastructure bank established under this section shall not be construed as a commit- ment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt- financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obliga- tion of the United States. (j) MANAGEMENT OF FEDERAL FUNDS.—Sections 3335 and 6503 of title 31 shall not apply to funds deposited into an infrastructure bank under this section. (k) PROGRAM ADMINISTRATION.—For each of fiscal years 2005 through 2009, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank.