49 USC 5320: Suspended light rail system technology pilot project
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49 USC 5320: Suspended light rail system technology pilot project Text contains those laws in effect on January 4, 1995
From Title 49-TRANSPORTATIONSUBTITLE III-GENERAL AND INTERMODAL PROGRAMSCHAPTER 53-MASS TRANSPORTATION

§5320. Suspended light rail system technology pilot project

(a) Purpose.-The purpose of this section is to provide for the construction by a public entity of a suspended light rail system technology pilot project-

(1) to assess the state of new technology for a suspended light rail system; and

(2) to establish the feasibility, costs, and benefits of using the system to transport passengers.


(b) General Requirements.-The project shall-

(1) use new rail technology with individual vehicles on a prefabricated elevated steel guideway;

(2) be stability-seeking with a center of gravity for the detachable passenger vehicles located below the point of wheel-rail contact; and

(3) use vehicles that are driven by overhead bogies with high efficiency, low maintenance electric motors for each wheel, operating in a slightly sloped plane from vertical for the wheels and the running rails, to further increase stability, acceleration, and braking performance.


(c) Competition.-(1) The Secretary of Transportation shall conduct a national competition to select a public entity with which to make a full financing grant agreement to construct the project. Not later than April 16, 1992, the Secretary shall select 3 public entities to be finalists in the competition. In conducting the competition and selecting public entities, the Secretary shall consider-

(A) the public entity's demonstrated understanding and knowledge of the project and its technical, managerial, and financial capacity to construct, manage, and operate the project; and

(B) maximizing potential contributions to the cost of the project by State, local, and private sector entities, including donation of in-kind services and materials.


(2) The Secretary shall award a grant to each finalist to be used to participate in the final phase of the competition under procedures the Secretary prescribes. A grant may not be more than 80 percent of the cost of participating. A finalist may not receive more than one-third of the amount made available under subsection (h)(1)(A) of this section.

(3) Not later than July 15, 1992, the Secretary shall select from among the 3 finalists a public entity with which to make a full financing grant agreement.

(d) Environmental Impact.-Not later than 270 days after a public entity is selected under subsection (c) of this section, the Secretary shall approve and publish in the Federal Register a notice announcing either a finding of no significant impact or a draft environmental impact statement for the project. The alternatives analysis for the project shall include a decision on whether to construct the project. If a draft statement is published, the Secretary, not later than 180 days after publication, shall approve and publish in the Federal Register a notice of completion of a final environmental impact statement.

(e) Full Financing Grant Agreement.-Not later than 60 days after carrying out the requirements of subsection (d) of this section, the Secretary shall make a full financing grant agreement under section 5309 of this title with the public entity selected under subsection (c) of this section to construct the project. The agreement shall provide that the system vendor for the project shall finance-

(1) 100 percent of any deficit incurred in operating the project in the first 2 years of revenue operations of the project; and

(2) 50 percent of any deficit incurred in operating the project in the 3d year of revenue operations of the project.


(f) Notice To Proceed.-Not later than 30 days after making the full financing grant agreement, the Secretary shall issue a notice to proceed with construction.

(g) Option Not To Construct and Reawarding the Grant.-(1) Not later than 30 days after completing preliminary engineering and design, the selected public entity shall decide whether to proceed to constructing the project. If the entity decides not to proceed-

(A) the Secretary shall not make the full financing grant agreement;

(B) remaining amounts received shall be returned to the Secretary and credited to the Mass Transit Account of the Highway Trust Fund; and

(C) the Secretary shall use the credited amount and other amounts to be provided under this section to award to another entity selected under subsection (c)(1) of this section a grant under section 5309 of this title to construct the project.


(2) Not later than 60 days after a decision is made under paragraph (1) of this subsection, a grant shall be awarded under paragraph (1)(C) of this subsection after completing a competitive process for selecting the grant recipient.

(h) Financing.-(1) The Secretary shall pay from amounts provided under section 5309 of this title the following:

(A) at least $1,000,000 for the fiscal year ending September 30, 1992, for grants under subsection (c)(2) of this section.

(B) at least $4,000,000 for the fiscal year ending September 30, 1993, for the United States Government share of the costs (as determined under section 5309 of this title) if the systems planning, alternatives analysis, preliminary engineering, and design and environmental impact statement are required by law for the project.

(C) at least $30,000,000 for the fiscal year ending September 30, 1994, as provided in the grant agreement under subsection (e) of this section, for the Government share of the construction costs of the project.


(2) The grant agreement under subsection (e) of this section shall provide that for the 3d year of revenue operations of the project, the Secretary shall pay from amounts provided under this section the Government share of operating costs in an amount equal to the lesser of 50 percent of the deficit incurred in operating the project in that year or $300,000.

(3) Amounts not expended under paragraph (1)(A) of this subsection are available for the Government share of costs described in paragraph (1)(B) and (C) of this subsection.

(4) Amounts under paragraph (1)(B) and (C) of this subsection remain available until expended.

(i) Government's Share of Costs.-The Government share of the cost of constructing the project is 80 percent of the net cost of the project.

(j) Project Not Subject to Major Capital Investment Policy.-The project is not subject to the major capital investment policy of the Federal Transit Administration.

(k) Report.-Not later than January 30, 1993, and each year after that date, the Secretary shall submit to Congress a report on the progress and results of the project.

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 818 ; Pub. L. 103–429, §6(9), Oct. 31, 1994, 108 Stat. 4379 .)

Historical and Revision Notes
Pub. L. 103–272
Revised SectionSource (U.S. Code)Source (Statutes at Large)
5320(a) 49 App.:1622(c)(2). July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §26(c); added Dec. 18, 1991, Pub. L. 102–240, §3030, 105 Stat. 2119 .
5320(b) 49 App.:1622(c)(3).
5320(c) 49 App.:1622(c)(4).
5320(d) 49 App.:1622(c)(5) (1st–3d sentences).
5320(e) 49 App.:1622(c)(1), (8).
5320(f) 49 App.:1622(c)(6).
5320(g) 49 App.:1622(c)(7).
5320(h) 49 App.:1622(c)(9).
5320(i) 49 App.:1622(c)(10).
5320(j) 49 App.:1622(c)(5) (last sentence).
5320(k) 49 App.:1622(c)(11).

In subsections (c)(1), before clause (A), and (h)(2), the words "Notwithstanding any other provision of law" are omitted as surplus.

In subsection (c)(1), before clause (A), the text of 49 App.:1622(c)(4)(B) is omitted as executed.

In subsection (d), the words "or not" and "actually" are omitted as surplus.

In subsection (e), before clause (1), the words "negotiate and" are omitted as surplus.

In subsections (g)(1)(C) and (h)(1)(C) and (2), the word "section" in the source provision is translated as if it were "subsection" to reflect the apparent intent of Congress.

In subsection (g)(1), before clause (A), the words "or not" and "actual" are omitted as surplus. In clause (C), the words "another entity" are substituted for "entities", and the words "paragraph (4)(e)" in the source provision are translated as if they were "paragraph (4)(C)", for clarity.

Pub. L. 103–429

This amends 49:5320(g)(2) to correct an erroneous cross-reference.

Amendments

1994-Subsec. (g)(2). Pub. L. 103–429 substituted "paragraph (1)(C) of this subsection" for "paragraph (1)(C) of this section".

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

Section Referred to in Other Sections

This section is referred to in section 5338 of this title.