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Pages 5-85

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From page 5...
... 5 PART I CHAPTER 53 OF TITLE 49,1 AS AMENDED THROUGH AUGUST 10, 2005 CONTENTS Section 5301. Policies, findings, and purposes......................................................................................................7 Section 5302.
From page 7...
... 7 SECTION 5301.2 POLICIES, FINDINGS, AND PURPOSES.3 (a) 4 DEVELOPMENT AND REVITALIZATION OF PUBLIC TRANSPORTATION SYSTEMS. -- It is in the interest of the United States, including its economic interest, to foster the development and revitalization of public transportation systems that -- (1)
From page 8...
... 8 transportation service and facilities.12 Special efforts shall be made in planning and designing public transportation service and facilities to ensure that public transportation can be used by elderly individuals and individuals with disabilities.13 All programs of the Government assisting public transportation shall carry out this policy.
From page 9...
... 9 (A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way)
From page 10...
... 10 applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311; or (J) crime prevention and security -- (i)
From page 11...
... 11 (8) NET PROJECT COST. -- The term "net project cost" means the part of a project that reasonably cannot be financed from revenues.
From page 12...
... 12 SECTION 5303.46 METROPOLITAN TRANSPORTATION PLANNING.47 48 (a) POLICY. -- It is in the national interest to -- (1)
From page 13...
... 13 (B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and (C)
From page 14...
... 14 over land in the Lake Tahoe region a transportation planning process for the region; and (ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 5304.
From page 15...
... 15 (E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; (F)
From page 16...
... 16 (A) IN GENERAL. -- In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land protection, conservation, and historic preservation concerning the development of a long-range transportation plan.
From page 17...
... 17 (A) PROJECTS UNDER THIS CHAPTER AND TITLE 23. -- A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under this chapter and chapter 1 of title 23.
From page 18...
... 18 fective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23 through the use of travel demand reduction and operational management strategies. The Secretary shall establish an appropriate phasein schedule for compliance with the requirements of this section but no sooner than one year after the identification of a transportation management area.
From page 19...
... 19 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.
From page 20...
... 20 ing carried out outside of metropolitan planning areas and between States.
From page 21...
... 21 period of 4 years and be updated every 4 years or more frequently if the Governor elects to update more frequently.
From page 22...
... 22 (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 Interstate maintenance program under title 23 or sections 5310, 5311, 5316, and 5317 of this title)
From page 23...
... 23 under subsection (g)
From page 24...
... 24 SECTION 5307.53 54 URBANIZED AREA FORMULA GRANTS.55 (a) DEFINITIONS. -- In this section, the following definitions apply:56 (1)
From page 25...
... 25 (iii) the population of the portion of the urbanized area is less than 30,000; and (iv)
From page 26...
... 26 carry out this section that is not less than 25 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.
From page 27...
... 27 (ii) will not use a procurement that uses exclusionary or discriminatory specifications; (iii)
From page 28...
... 28 than the amount for all urbanized areas in which it provides transportation.
From page 29...
... 29 (i) PROCUREMENT SYSTEM APPROVAL. -- A recipient may request the Secretary to approve its procurement system.
From page 30...
... 30 section 5338 in each fiscal year to carry out this section may be made available to fund clean diesel buses.
From page 32...
... 32 (G) the degree to which the project increases the mobility of the public transportation dependent population or promotes economic development; (H)
From page 33...
... 33 spect to a new fixed guideway capital project is less than $25,000,000, the requirements of this subsection shall not apply to the project until such date as the final regulation to be issued under paragraph (9) takes effect.
From page 34...
... 34 the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the methodology to be used in evaluating the land use and economic development impacts of non-fixed guideway or partial fixed guideway projects.
From page 35...
... 35 (II) CONTENTS OF PLAN. -- The plan submitted under subclause (I)
From page 36...
... 36 amount equivalent to the last fiscal year of funding allocated under such subsection for such projects, less an amount the Secretary reasonably estimates is necessary for grants under this section for those of such projects that are not covered by an agreement. The total amount covered by new contingent commitments included in project construction grant agreements and early systems work agreements for such projects may be not more than a limitation specified in law.
From page 37...
... 37 terms reasonably available for the project at the time of borrowing.
From page 38...
... 38 (A) MAJOR CAPITAL INVESTMENT GRANTS. -- Of the amounts appropriated under section 5338(c)
From page 40...
... 40 (2) REMAINDER. -- The remainder of the net project costs -- (A)
From page 41...
... 41 (2) SUBRECIPIENT. -- The term "subrecipient" means a State or local governmental authority, a nonprofit organization, or an operator of public transportation or intercity bus service that receives Federal transit program grant funds indirectly through a recipient.
From page 42...
... 42 States, as shown by the most recent decennial census of population.
From page 43...
... 43 ment or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and (C)
From page 44...
... 44 (2) INFORMATION. -- The Secretary may request and receive appropriate information from any source.
From page 45...
... 45 further appropriation and shall not be subject to any obligation limitation. Not later than January 1 of each fiscal year, the Secretary shall publish a report on the activities under this paragraph funded from the account.
From page 46...
... 46 (B) 138 The Secretary shall develop guidelines for cost sharing in technology development projects financed under this paragraph.
From page 47...
... 47 (E) establish a clearinghouse for print, video, and audio resources on senior mobility; and (F)
From page 49...
... 49 (B) funds apportioned under paragraph (1)
From page 50...
... 50 (A) conduct a study to evaluate the grant program authorized by this section; and (B)
From page 51...
... 51 (2) STATEWIDE SOLICITATION. -- A recipient of funds apportioned under subsection (c)
From page 52...
... 52 the facility under which the Secretary shall pay 80 percent of the cost of testing a vehicle at the facility from amounts available to carry out this section.156 The entity having the vehicle tested shall pay 20 percent of the cost.
From page 53...
... 53 (3) ALTERNATIVE TRANSPORTATION. -- The term "alternative transportation" means transportation by bus, rail, or any other publicly or privately owned conveyance that provides to the public general or special service on a regular basis, including sightseeing service.
From page 54...
... 54 (B) comply with the statewide planning provisions under section 5304; (C)
From page 55...
... 55 (2) OTHER REQUIREMENTS. -- A qualified participant under this section shall be subject to any other requirements that the Secretary determines to be appropriate to carry out this section, including requirements for the distribution of proceeds on disposition of real property and equipment resulting from a qualified project assisted under this section.
From page 56...
... 56 (A) PERIOD OF TRAINING. -- A fellowship under this subsection may not be for more than 1 year of training in an institution that offers a program applicable to the public transportation industry.
From page 57...
... 57 (1) IN GENERAL. -- For a capital project that will substantially affect a community, or the public transportation service of a community, an applicant shall -- (A)
From page 58...
... 58 the Secretary shall correct the violation under terms of the agreement.
From page 59...
... 59 a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate.
From page 60...
... 60 (B) has violated the agreement by discriminating against goods to which this subsection applies that are produced in the United States and to which the agreement applies.
From page 61...
... 61 quired under this chapter with the publication required under section 5336(e)
From page 63...
... 63 ing, operating, or maintaining such system or segment.
From page 64...
... 64 (12) the recipient's commitment to submit a project budget and project schedule to the Secretary each month; and (13)
From page 65...
... 65 and (e) of section 5309 in the220 alternatives analysis and in preparing a draft environmental impact statement and shall approve the draft for circulation not later than 45 days after the applicant submits the draft to the Secretary.
From page 66...
... 66 (i) one line running west and northwest from the Hollywood/Vine station to the North Hollywood station, with 2 intermediate stations.
From page 67...
... 67 ated with a condition in equipment, a facility, or an operation financed under this chapter to establish the nature and extent of the condition and how to eliminate, mitigate, or correct it.
From page 68...
... 68 (2) "person" includes any entity organized or existing under the laws of the United States, a State, territory, or possession of the United States, or a foreign country.
From page 69...
... 69 and laboratory procedures to be applied in carrying out this section, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing; (B) the minimum list of controlled substances for which individuals may be tested; and (C)
From page 70...
... 70 (b) PROHIBITIONS. -- A person may not be excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance under this chapter because of race, color, creed, national origin, sex, or age.
From page 72...
... 72 (3) foreclose on property or bring a civil action to protect or enforce a right conferred on the Secretary of Transportation by law or agreement; (4)
From page 73...
... 73 (d) BUDGET PROGRAM AND SET OF ACCOUNTS. -- The Secretary of Transportation shall -- (1)
From page 74...
... 74 shall notify the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate and Committees on Transportation and Infrastructure and Appropriations of the House of Representatives.
From page 75...
... 75 (c) of this section, except that the amount apportioned to the Anchorage urbanized area under subsection (b)
From page 76...
... 76 bus revenue vehicle-miles attributable to all areas; (ii) 25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown by the latest Government census; and (iii)
From page 77...
... 77 amounts apportioned to the State under subsection (a)
From page 78...
... 78 basis for the distribution of incentive payments; (ii) the optimal number and size of any incentive programs; (iii)
From page 80...
... 80 individuals and individuals with disabilities under section 5310; (v) $250,889,588 shall be available to provide financial assistance for other than urbanized areas under section 5311; (vi)
From page 81...
... 81 programs under sections 5312, 5314, and 5322.
From page 82...
... 82 2009 shall be available to carry out section 5339; (M) $388,000,000 for fiscal year 2006, $404,000,000 for fiscal year 2007, $438,000,000 for fiscal year 2008, and $465,000,000 for fiscal year 2009 shall be allocated in accordance with section 5340 to provide financial assistance for urbanized areas under section 5307 and other than urbanized areas under section 5311; and (N)
From page 83...
... 83 (2) GRANTS FINANCED FROM GENERAL FUND. -- A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the General Fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Federal share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.
From page 84...
... 84 (A) the total land area of the State (in square miles)

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