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From page 86... ... 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. Read the entire page →
From page 87... ... 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. Read the entire page →
From page 88... ... 88 Surface Transportation Extension Act of 1997 .........................................................................................136 Section 1. Short Title.........................................................................................................................136 National Highway System Designation Act of 1995.................................................................................136 Section 350. Read the entire page →
From page 89... ... 89 Section 332. Tactile Mobility Aids....................................................................................................157 Section 334. Read the entire page →
From page 90... ... 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. Read the entire page →
From page 93... ... 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. Read the entire page →
From page 94... ... 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 coordination of public transit-human services transportation. Read the entire page →
From page 95... ... 95 of alternative fuels for transit vehicle operation; (C) existing barriers to transit system operators that discourage the purchase of alternative fuels for transit vehicle operation, including situations where alternative fuels that do not require capital improvements to transit vehicles are disadvantaged over fuels that do require such improvements; and (D) Read the entire page →
From page 96... ... 96 Secretary of Homeland Security shall issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants, including funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses. Read the entire page →
From page 97... ... 97 for fiscal year 2005. Read the entire page →
From page 98... ... 98 (18) New Britain -- Hartford Busway Project. Read the entire page →
From page 99... ... 99 (57) Dallas Area Rapid Transit -- Beltline to DFW Airport. Read the entire page →
From page 100... ... 100 (131) Middletown-South Fallsburg, New York, Passenger Rail. Read the entire page →
From page 101... ... 101 (197) Provo-Orem Utah -- Bus Rapid Transit. Read the entire page →
From page 102... ... 102 (1) Ann Arbor/Downtown Detroit Transit Improvement Project, $100,000,000. Read the entire page →
From page 103... ... 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. Read the entire page →
From page 104... ... 104 (a) , in the amounts specified, from amounts made available to carry out section 5308 of title 49, United States Code. Read the entire page →
From page 105... ... 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 development; and (C) Read the entire page →
From page 106... ... 106 tion services or proposed public transportation 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 accessibility for non-ambulatory recipients; (iv) Read the entire page →
From page 107... ... 107 $750,000 in each of fiscal years 2006 though 2009 for a transit security training facility in Chester County, Pennsylvania. Read the entire page →
From page 108... ... 108 section shall be considered to require that a covered agency -- (A) terminate any program or benefits in existence on the date of the enactment of this Act, or postpone any plans to implement (before the effective date referred to in paragraph (1) Read the entire page →
From page 109... ... 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. Read the entire page →
From page 110... ... 110 Secretary of the Treasury. Read the entire page →
From page 111... ... 111 (e) PROHIBITION OF TRANSFERS. -- Notwithstanding any other provision of this section, no funds may be transferred by a State under subsection (a) Read the entire page →
From page 112... ... 112 SURFACE TRANSPORTATION EXTENSION ACT OF 2003 (PUBLIC LAW 108-88, SEPTEMBER 30, 2003) Section 8. Read the entire page →
From page 113... ... 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. Read the entire page →
From page 114... ... 114 cept that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. Read the entire page →
From page 115... ... 115 (F) assess the cost effectiveness of projects funded under the program with respect to congestion mitigation; (G) Read the entire page →
From page 116... ... 116 transportation efficiency and community and system preservation. Read the entire page →
From page 117... ... 117 such last day, the Secretary shall withdraw approval of the substitute project. Read the entire page →
From page 118... ... 118 aside under paragraphs (1) Read the entire page →
From page 119... ... 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 infrastructure bank capitalization under subsection (c) Read the entire page →
From page 120... ... 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) Read the entire page →
From page 121... ... 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) Read the entire page →
From page 122... ... 122 tinue to provide assistance under section 5307 of title 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) Read the entire page →
From page 123... ... 123 (10) Chicago -- North Central Upgrade Commuter Rail. Read the entire page →
From page 124... ... 124 (109) Hartford City Light Rail Connection to Central Business District. Read the entire page →
From page 125... ... 125 Detroit, Michigan Metropolitan Airport rail project.342 (c) Read the entire page →
From page 126... ... 126 (xlix) Seattle -- Tacoma Commuter Rail, $40,000,000. Read the entire page →
From page 127... ... 127 ridors of MOS–3, the Los Angeles County Metropolitan Transportation Authority shall -- (A) fully evaluate the potential impact of the alternatives on the integrity of the neighborhoods in the corridor involved; (B) Read the entire page →
From page 128... ... 128 Section 3031. Projects for Bus and Bus-Related Facilities. Read the entire page →
From page 129... ... 129 35. Dutchess County, NY Loop System buses 0.521 0.521 36. Read the entire page →
From page 130... ... 130 75. Mineola/Hicksville, NY LIRR Intermodal Centers 1.250 1.250 76. Read the entire page →
From page 132... ... 132 5. Broome County, NY Buses and Related Equipment 2.700 2.700 6. Read the entire page →
From page 133... ... 133 Transit Administration Guidance on Buy America Requirements, dated March 18, 1997. Read the entire page →
From page 134... ... 134 Code, and such other terms and conditions as the Secretary may prescribe. Read the entire page →
From page 135... ... 135 Section 3042. Utah Transportation Projects.364 (a) Read the entire page →
From page 136... ... 136 dynamic development of standards and protocols to promote and ensure interoperability in the implementation of intelligent transportation 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 performance levels and developing plans for incorporation of specific intelligent transportation system capabilities into surface transportation systems. Read the entire page →
From page 137... ... 137 cooperative agreement under this section, and any other Federal transit grant recipient, to contribute not to exceed 10 percent of the funds made available to the State or other Federal transit grant recipient 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 transit account of the infrastructure bank established by the State. Federal funds contributed to such account under this paragraph shall constitute for purposes of this section a capitalization grant for the transit account of the infrastructure bank. Read the entire page →
From page 138... ... 138 the objectives of this section; and (3) specify procedures and guidelines for establishing, operating, and providing assistance from the bank. Read the entire page →
From page 139... ... 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 wherever feasible and economical, with benefit cost estimates given special emphasis concerning safety considerations and techniques for cost allocation. Read the entire page →
From page 140... ... 140 paragraph (2) Read the entire page →
From page 141... ... 141 as having no remaining eligible costs. For the purpose of apportioning funds under section 104(b) Read the entire page →
From page 142... ... 142 percent, but not more than $5,000,000, per fiscal year for preliminary engineering, design, and construction of the rail connection between Penn Station, Newark, and Broad Street Station, Newark. Read the entire page →
From page 143... ... 143 ject. The project includes elements advanced with 100 percent non-Federal funds. Read the entire page →
From page 144... ... 144 1876 in a manner that would allow such Federal share to be increased to 80 percent. Read the entire page →
From page 145... ... 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) Read the entire page →
From page 146... ... 146 (ii) issue a record of decision approving the construction of the East Side Extension. Read the entire page →
From page 147... ... 147 (2) Not less than $55,000,000 for fiscal year 1993. Read the entire page →
From page 148... ... 148 tary shall negotiate and sign a multiyear grant agreement with the New Jersey Transit Corporation, which includes, from funds made available to the Northeastern New Jersey urbanized area under section 3(k) Read the entire page →
From page 149... ... 149 $13,875,000 in fiscal year 1992, to provide for the construction of a bus maintenance facility in the service area of such company. Read the entire page →
From page 150... ... 150 ria in section 5309, of title 49, United States Code, the Secretary shall compare the aggregate expenditure of section 5309 funds to the aggregate expenditure 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 improvements and shall provide that the Federal share shall be paid from amounts provided under section 3(k) Read the entire page →
From page 151... ... 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 Atlanta Rapid Transit Authority which includes $329,000,000 from funds made available under section 3(k) Read the entire page →
From page 152... ... 152 penditure as of August 1, 1991, under "Urban Discretionary Grants" and "Interstate Transfer GrantsTransit" of the Federal Transit Administration program shall be exempt from the application of the provisions of section 1405 (b) Read the entire page →
From page 153... ... 153 fiscal year 1993 under section 9(k) Read the entire page →
From page 154... ... 154 tation systems, or related systems or equipment, or for the purpose of enabling serial production processes; (2) facilitate the participation in the consortium of small- and medium-sized businesses in conjunction with large established manufacturers, as appropriate; (3) Read the entire page →
From page 155... ... 155 been introduced with bipartisan support in both the Senate and House of Representatives. Read the entire page →
From page 156... ... 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) Read the entire page →
From page 157... ... 157 (2) OPERATION. -- The Secretary shall enter into a contract with a qualified person to operate and maintain the facility established under paragraph (1) Read the entire page →
From page 158... ... 158 gether with a copy of the mass transportation plan which the Secretary recommends for the Virgin Islands. Section 336. Read the entire page →
From page 159... ... 159 (B) not later than September 30, 1993, the Secretary shall reimburse such district (or successor) Read the entire page →
From page 160... ... 160 supplies mined, produced, or manufactured in foreign countries in projects carried out with such assistance or restricts any recipient of such assistance from complying with such State imposed requirements. Read the entire page →
From page 161... ... 161 Section 311. Construction Condition.395 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. Read the entire page →
From page 162... ... 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) Read the entire page →
From page 163... ... 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 developing preliminary plans for, or are actually carrying out, comprehensive projects to revitalize their mass transportation operations; and (7) Read the entire page →
From page 164... ... 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. Read the entire page →
From page 165... ... 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. Read the entire page →
From page 166... ... 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 personnel along with facilities to be used therefor) was so engaged in school bus operations any time during the twelve-month period immediately prior to the date of the enactment of this subsection. Read the entire page →
From page 167... ... 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 purpose. Section 12. Read the entire page →
From page 168... ... 168 (a) nor the transfer of funds under this subsection shall be considered to be a change in project scope or otherwise result in the deobligation of prior year funds, and all funds transferred to the Commission under this subsection shall be charged to the original appropriation and shall remain available until expended. Read the entire page →
From page 169... ... 169 documentation, and all appropriate signage shall make reference to the "Frank R Lautenberg Station". Read the entire page →
From page 170... ... 170 Department of Transportation and Related Agencies Appropriations Act, 2005 (Division H of Public Law 108-447, December 8, 2004) Read the entire page →
From page 171... ... 171 (4) The National Intermodal Transportation System shall provide improved access to ports and airports, the Nation's link to commerce. Read the entire page →
From page 172... ... 172 will submit to the Secretary a State intermodal transportation plan not later than 18 months after the date of receipt of the grant. Read the entire page →
From page 173... ... 173 (x) Kansas State University. Read the entire page →
From page 174... ... 174 (1) COMPETITION. -- Not later than June 30, 2006, and not later than June 30 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 Tier I university transportation centers referred to in subsection (c) Read the entire page →
From page 175... ... 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. Read the entire page →
From page 176... ... 176 transportation planning processes. With respect 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 maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Read the entire page →
From page 177... ... 177 (A) in fiscal year 1987, an amount not to exceed 20 percent of the funds apportioned to the State under section 104(b) Read the entire page →
From page 178... ... 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. Read the entire page →
From page 179... ... 179 form Relocation Assistance and Real Property Acquisition Policies Act of 1970. Read the entire page →
From page 180... ... 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 construction 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) Read the entire page →
From page 181... ... 181 (2) STRUCTURE. -- Each metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of -- (A) Read the entire page →
From page 182... ... 182 the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96–551 (94 Stat. Read the entire page →
From page 183... ... 183 (A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; (B) Read the entire page →
From page 184... ... 184 (F) TRANSPORTATION AND TRANSIT ENHANCEMENT ACTIVITIES. -- Proposed transportation and transit enhancement activities. Read the entire page →
From page 185... ... 185 (ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; (iii) Read the entire page →
From page 186... ... 186 (B) DESIGNATIONS ON REQUEST. -- The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. Read the entire page →
From page 187... ... 187 nonattainment for ozone or carbon monoxide pursuant 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 carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. Read the entire page →
From page 188... ... 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. Read the entire page →
From page 189... ... 189 (6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST. -- A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5) Read the entire page →
From page 190... ... 190 the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. Read the entire page →
From page 191... ... 191 under the National Environmental Policy Act of 1969 (42 U.S.C. Read the entire page →
From page 192... ... 192 deadline specified in the invitation that the invited agency -- (A) has no jurisdiction or authority with respect to the project; (B) Read the entire page →
From page 193... ... 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. Read the entire page →
From page 194... ... 194 cern include any issues that could substantially delay or prevent an agency from granting a permit or other approval that is needed for the project. Read the entire page →
From page 195... ... 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 after the date of publication of a notice in the Federal Register announcing such action. Read the entire page →
From page 197... ... 197 available to single occupant vehicles only at other than peak travel times. In areas of a State which are nonattainment 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 under paragraph (1) Read the entire page →
From page 198... ... 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) Read the entire page →
From page 199... ... 199 any benefit from, a State on the basis of such an election. Read the entire page →
From page 201... ... 201 (i) is a project -- (I) Read the entire page →
From page 202... ... 202 (B) Intelligent transportation system projects. -- In the case of a project principally involving the installation of an intelligent transportation system, eligible project costs shall be reasonably anticipated to equal or exceed $15,000,000.452 (4) Read the entire page →
From page 203... ... 203 (i) is selected under section 602; or (ii) Read the entire page →
From page 204... ... 204 and interest to the outstanding balance of the secured loan. Read the entire page →
From page 205... ... 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. Read the entire page →
From page 206... ... 206 (d) ASSISTANCE FROM EXPERT FIRMS. -- The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. Read the entire page →
From page 207... ... 207 manner in which the infrastructure bank established by the State in accordance with this section will be administered. Read the entire page →
From page 208... ... 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. Read the entire page →

From page 86...

... 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.