§5309. Capital investment grants and loans
(a)
(A) capital projects for new fixed guideway systems, and extensions to existing fixed guideway systems, including the acquisition of real property, the initial acquisition of rolling stock for the systems, alternatives analysis related to the development of the systems, and the acquisition of rights of way, and relocation, for fixed guideway corridor development for projects in the advanced stages of alternatives analysis or preliminary engineering;
(B) capital projects, including property and improvements (except public highways other than fixed guideway facilities), needed for an efficient and coordinated mass transportation system;
(C) the capital costs of coordinating mass transportation with other transportation;
(D) the introduction of new technology, through innovative and improved products, into mass transportation;
(E) capital projects to modernize existing fixed guideway systems;
(F) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities;
(G) mass transportation projects planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities; and
(H) the development of corridors to support fixed guideway systems, including protecting rights of way through acquisition, construction of dedicated bus and high occupancy vehicle lanes and park and ride lots, and other nonvehicular capital improvements that the Secretary may decide would result in increased mass transportation usage in the corridor.
(2) The Secretary of Transportation shall require that all grants and loans under this subsection be subject to all terms, conditions, requirements, and provisions the Secretary decides are necessary or appropriate for the purposes of this section, including requirements for the disposition of net increases in value of real property resulting from the project assisted under this section.
(b)
(2) The Secretary of Transportation may make a loan under paragraph (1) of this subsection for an approved project only after finding that the property reasonably is expected to be required for a mass transportation system and that it will be used for that system within a reasonable time.
(3) An applicant for a loan under this subsection shall provide a copy of the application to the planning agency for the community affected by the project at the same time the application is submitted to the Secretary of Transportation. If the planning agency submits comments to the Secretary not later than 30 days after the application is submitted, or, if the agency requests more time within those 30 days, within a period the Secretary establishes, the Secretary shall consider those comments before taking final action on the application.
(4) A loan agreement under this subsection shall provide that a capital project on the property will be started not later than 10 years after the fiscal year in which the agreement is made. If an interest in property acquired under this subsection is not used for the purpose for which it was acquired, an appraisal of the current value of the property or interest shall be made when a decision is made about the use. The decision shall be made within the 10-year period. Two-thirds of the increase in value shall be paid to the Secretary of Transportation for deposit in the Treasury as miscellaneous receipts.
(5) A loan under this subsection must be repaid not later than 10 years after the date of the loan agreement or on the date a grant agreement for a capital project on the property is made, whichever is earlier. Payments made to repay the loan shall be deposited in the Treasury as miscellaneous receipts.
(c) [Reserved.]
(d)
(1) has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of equipment or facilities, and the capability to maintain the equipment or facilities; and
(2) will maintain the equipment or facilities.
(e)
(1)
(A) based on the results of an alternatives analysis and preliminary engineering;
(B) justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, and operating efficiencies; and
(C) supported by an acceptable degree of local financial commitment, including evidence of stable and dependable financing sources to construct, maintain, and operate the system or extension.
(2)
(3)
(A) consider the direct and indirect costs of relevant alternatives;
(B) consider factors such as congestion relief, improved mobility, air pollution, noise pollution, energy consumption, and all associated ancillary and mitigation costs necessary to carry out each alternative analyzed, and recognize reductions in local infrastructure costs achieved through compact land use development;
(C) identify and consider mass transportation supportive existing land use policies and future patterns, and the cost of suburban sprawl;
(D) consider the degree to which the project increases the mobility of the mass transportation dependent population or promotes economic development;
(E) consider population density and current transit ridership in the corridor;
(F) consider the technical capability of the grant recipient to construct the project;
(G) adjust the project justification to reflect differences in local land, construction, and operating costs; and
(H) consider other factors that the Secretary determines appropriate to carry out this chapter.
(4)
(A)
(i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases;
(ii) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and
(iii) local resources are available to operate the overall proposed mass transportation system (including essential feeder bus and other services necessary to achieve the projected ridership levels) without requiring a reduction in existing mass transportation services to operate the proposed project.
(B)
(i) existing grant commitments;
(ii) the degree to which financing sources are dedicated to the purposes proposed;
(iii) any debt obligation that exists or is proposed by the recipient for the proposed project or other mass transportation purpose; and
(iv) the extent to which the project has a local financial commitment that exceeds the required non-Federal share of the cost of the project.
(5)
(6)
(7)
(8)
(A)
(B)
(i) located in a nonattainment area;
(ii) a transportation control measure (as defined by the Clean Air Act (42 U.S.C. 7401 et seq.)); and
(iii) required to carry out the State Implementation Plan.
(C)
(D)
(f) [Reserved.]
(g)
(B) At least 60 days before issuing a letter under subparagraph (A) of this paragraph or entering into a full funding grant agreement, the Secretary of Transportation shall notify in writing the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate and the House and Senate Committees on Appropriations of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project.
(C) The issuance of a letter is deemed not to be an obligation under sections 1108(c) and (d), 1501, and 1502(a) of title 31 or an administrative commitment.
(D) An obligation or administrative commitment may be made only when amounts are appropriated.
(2)(A) The Secretary of Transportation may make a full funding grant agreement with an applicant. The agreement shall-
(i) establish the terms of participation by the United States Government in a project under this section;
(ii) establish the maximum amount of Government financial assistance for the project;
(iii) cover the period of time for completing the project, including a period extending beyond the period of an authorization; and
(iv) make timely and efficient management of the project easier according to the law of the United States.
(B) An agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. The agreement shall state that the contingent commitment is not an obligation of the Government. Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary of Transportation, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. The amount stipulated in an agreement under this paragraph for a fixed guideway project shall be sufficient to complete at least an operable segment.
(3)(A) The Secretary of Transportation may make an early systems work agreement with an applicant if a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued on the project and the Secretary finds there is reason to believe-
(i) a full funding grant agreement for the project will be made; and
(ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost.
(B) A work agreement under this paragraph obligates an amount of available budget authority specified in law and shall provide for reimbursement of preliminary costs of carrying out the project, including land acquisition, timely procurement of system elements for which specifications are decided, and other activities the Secretary of Transportation decides are appropriate to make efficient, long-term project management easier. A work agreement shall cover the period of time the Secretary considers appropriate. The period may extend beyond the period of current authorization. Interest and other financing costs of efficiently carrying out the work agreement within a reasonable time are a cost of carrying out the agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Government payments made under the work agreement plus reasonable interest and penalty charges the Secretary establishes in the agreement.
(4)(A) The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent, full funding grant agreements, and early systems work agreements may be not more than the greater of the amount authorized under section 5338(b) of this title for new fixed guideway systems and extensions to existing fixed guideway systems and the amount appropriated under section 5338(h)(5) or an amount equivalent to the last 2 fiscal years of funding authorized under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems, less an amount the Secretary of Transportation reasonably estimates is necessary for grants under this section not covered by a letter. The total amount covered by new letters and contingent commitments included in full funding grant agreements and early systems work agreements may be not more than a limitation specified in law.
(B) For fiscal year 2001 and thereafter, the amount equivalent to the last 2 fiscal years of funding authorized under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems referred to in subparagraph (A) shall be the amount equivalent to the last 3 fiscal years of such authorized funding.
(C) Any increase in the total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent, full funding grant agreements, and early systems work agreements as a result of application of subparagraph (B) instead of subparagraph (A) shall be available as follows:
(1) $269,100,000 for the Chicago, Illinois Metra commuter rail project, that consists of the following elements: the Kane County extension; the North Central double-tracking project; and the Southwest corridor extension.
(2) $565,600,000 for the Chicago Transit Authority project that consists of the following elements: Ravenswood Branch station and line improvements and the Douglas Branch reconstruction project.
(3) For new fixed guideways and extensions to existing fixed guideway systems other than for projects referred to in paragraphs (1) and (2); except that for fiscal year 2001, such increase under this paragraph shall not be available for allocation by the department or for making future obligations of the Government and contingent commitments until April 1, 2001.
(D) Of the amount that would be available under subparagraph (A) if subparagraph (B) were not in effect and would have otherwise been allocated by the Federal Transit Administration to those projects referred to in subparagraphs (C)(1) and (C)(2) shall be available as follows:
(1) $60,000,000 for the Minneapolis Hiawatha corridor light rail project, which shall be in addition to amounts otherwise allocated under subparagraph (A), for a total of $334,300,000.
(2) $217,800,000 for the Dulles corridor bus rapid transit project, that consists of a rail extension from the West Falls Church metrorail station to Tysons Corner, Virginia and bus rapid transit from Tysons Corner to the Dulles International Airport.
(E) Any amount that would be available under subparagraph (A) if subparagraph (B) were not in effect and would have otherwise been allocated by the Federal Transit Administration to those projects referred to in subparagraphs (C)(1) and (C)(2), shall not be available for allocation by the department or for making future obligations of the Government and contingent commitments until April 1, 2001, except for those projects referred to in subparagraph (D)(1) and (D)(2).
(F) Future obligations of the Government and contingent commitments made against the contingent commitment authority under section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 for the San Francisco BART to the Airport project for fiscal years 2002, 2003, 2004, 2005 and 2006 shall be charged against section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991.
(G) Any amount that would be available under subparagraph (A) if subparagraph (F) were not in effect and would otherwise have been allocated by the Federal Transit Administration to the project in subparagraph (F) shall not be available for allocation by the department or for making future obligations of the Government and contingent commitments until April 1, 2001.
(h)
(i)
(1) a rate the Secretary of the Treasury establishes, considering the current average yield on outstanding marketable obligations of the Government that have remaining periods of maturity comparable to the average maturity of the loan, adjusted to the nearest .125 percent; plus
(2) an allowance the Secretary of Transportation considers adequate to cover administrative costs and probable losses.
(j)
(k)
(l)
(m)
(1)
(A) 40 percent shall be available for fixed guideway modernization;
(B) 40 percent shall be available for capital projects for new fixed guideway systems and extensions to existing fixed guideway systems; and
(C) 20 percent shall be available to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities.
(2)
(A)
(B)
(i)
(ii)
(3)
(A)
(B)
(C)
(D)
(4)
(n)
(A) the State or local governmental authority applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section or section 103(e)(4) 1 of title 23.
(2) The cost of carrying out part of a project includes the amount of interest earned and payable on bonds issued by the State or local governmental authority to the extent proceeds of the bonds are expended in carrying out the part. However, the amount of interest under this paragraph may not be more than the most favorable interest terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary of Transportation, that the applicant has shown reasonable diligence in seeking the most favorable financial terms.
(3) The Secretary of Transportation shall consider changes in capital project cost indices when determining the estimated cost under paragraph (2) of this subsection.
(o) 2
(o) 2
(1)
(A)
(B)
(2)
(3)
(A) conduct an annual review of-
(i) the processes and procedures for evaluating and rating projects and recommending projects; and
(ii) the Secretary's implementation of such processes and procedures; and
(B) shall report to Congress on the results of such review by April 30 of each year.
(p)
(
In subsection (a), before clause (1), the words "in accordance with the provisions of this chapter" are omitted as surplus. The words "and on such terms and conditions as the Secretary may prescribe" and 49 App.:1602(a)(1)(D) (3d sentence) are omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words "(directly, through the purchase of securities or equipment trust certificates, or otherwise)" and "and agencies thereof" are omitted as surplus. In clause (1), the word "detailed" is omitted as surplus. In clause (2), the words "capital projects" are substituted for "the acquisition, construction, reconstruction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service" for clarity and consistency in this section. The words "Eligible facilities and equipment may include personal property such as buses and other rolling stock, and rail and bus facilities, and real" are omitted as surplus. The text of 49 App.:1602(a)(1)(B) (last sentence) is omitted as obsolete because former 49 App.:1604(a)(4) is executed and is not included in this restatement. In clause (3), the words "the capital costs of" are added for clarity and consistency in this section. The words "highway and" are omitted as surplus.
In subsection (b)(1), the word "finance" is omitted as surplus.
In subsection (b)(2), the words "for real property acquisition" are omitted as surplus. The words "for an approved project" are added for clarity and consistency. The words "which shall be in lieu of the determination required by subparagraph (A)", "real", and "connection with" are omitted as surplus.
In subsection (b)(3), the word "comprehensive" is omitted as surplus. The words "by the project" are added for clarity. The words "a period of" and "longer" are omitted as surplus.
In subsection (b)(4), the words "a period not exceeding" and "Each agreement shall provide that" are omitted as surplus. The words "shall be made within the 10-year period" are substituted for "shall not be later than 10 years following the fiscal year in which the agreement is made" to eliminate unnecessary words. The words "if any, over the original cost of the real property" are omitted as surplus. The words "deposit in" are substituted for "credit to" for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(5), the word "actual" is omitted as surplus. The words "deposited in" are substituted for "credited to" for consistency in the revised title and with other titles of the Code.
In subsection (c), before clause (1), the words "grant or loan" are substituted for "assistance" for consistency in the revised section. In clause (1), the words "rail carrier" are substituted for "railroad" for consistency in the revised title and with other titles of the Code.
In subsection (d), before clause (1), the words "Except as provided in subsections (b)(2) and (e) of this section" are added for clarity. In clause (1), the words "through operation or lease or otherwise" are omitted as surplus.
In subsection (e)(2), before clause (A), the word "existing" is added for clarity and consistency.
In subsection (e)(6)(C), the words "Part A of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (
In subsection (f)(1), the words "or entity" are omitted as surplus.
In subsection (f)(2), before clause (A), the words "for a project under subsection (a)(5) of this section" are added for clarity. In clause (B), the words "whether publicly or privately owned" are omitted as surplus.
In subsection (g)(1)(A), the words "The letter shall be regarded as an intention to obligate" are omitted as surplus.
In subsection (g)(1)(D), the words "pursuant to such a letter of intent" are omitted as surplus.
In subsection (g)(2)(A)(i), the words "and conditions" are omitted as being included in "terms".
In subsection (g)(4), the word "issued" is omitted as surplus. The text of 49 App.:1602(a)(4)(E) (3d sentence) is omitted as executed. The text of 49 App.:1602(a)(4)(E) (4th and last sentences) is omitted as obsolete.
In subsection (h), the words "nature and extent of" are omitted as surplus. The words "net project cost" are substituted for "what portion of the cost of a project to be assisted under section 1602 of this Appendix cannot be reasonably financed from revenues-which portion shall hereinafter be called 'net project cost' " because of the definition of "net project cost" in section 5302(a) of the revised title. The words "Except as provided in paragraph (2) of this subsection" are added for clarity. The words "Such remainder may be provided in whole or in part from other than public sources and any public or private", "solely", and "at any time" are omitted as surplus. The words "shall be deemed" are omitted as unnecessary since the text is a statement of a legal conclusion.
In subsection (i), before clause (1), the words "Except for a loan under subsection (b) of this section" are added for clarity. The words "made under this section" and "at a rate" are omitted as surplus. In clause (1), the word "market" is omitted as surplus. In clause (2), the words "under the program" are omitted as surplus.
In subsection (j), the words "loan and interest" are substituted for "principal and accrued interest on the loan then outstanding" to eliminate unnecessary words.
In subsection (m)(1)(B) and (3), the word "existing" is added for clarity and consistency.
In subsection (m)(1), before clause (A), the words "Subject to paragraph (3)" are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete.
In subsection (m)(3), before clause (A), the words "Not later than 30 days after April 2, 1987" are omitted as executed. The words "prepare and" are omitted as surplus. The text of 49 App.:1602(j)(1) is omitted as obsolete because 49 App.:1602(k)(1) was restated by section 3006(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (
In subsection (m)(4), the text of 49 App.:1602(k)(2)(B) is omitted as expired.
In subsection (n)(2), the words "Subject to the provisions of this paragraph", "the Federal share of which the Secretary is authorized to pay under this subsection", and "actually" are omitted as surplus.
Pub. L. 104–287, §5(12)(A)
This amends 49:5309(a) to clarify the restatement of 49 App.:1602(a)(1) by section 1 of the Act of July 5, 1994 (
Pub. L. 104–287, §5(12)(B)
This amends 49:5309(e)(4)(B) to correct an erroneous cross-reference.
Pub. L. 104–287, §5(12)(C)
This amends 49:5309(m)(1)(A) to make a conforming amendment.
References in Text
The date of enactment of the Federal Transit Act of 1998, referred to in subsecs. (e)(5), (8)(D) and (o)(1)(B), is the date of enactment of title III of
The Clean Air Act, referred to in subsec. (e)(8)(B)(ii), is act July 14, 1955, ch. 360,
The National Environmental Policy Act of 1969, referred to in subsec. (g)(3)(A), is
Section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (g)(4)(F), is section 3032(g)(2) of
Section 103 of title 23, referred to in subsec. (n)(1), was amended generally by
Amendments
2000-Subsec. (g)(4).
Subsec. (g)(4)(D)(2).
1999-Subsec. (g)(1)(B).
1998-
Subsec. (a)(1)(E) to (H).
"(i) enhance the effectiveness of a mass transportation project and are related physically or functionally to that mass transportation project; or
"(ii) establish new or enhanced coordination between mass transportation and other transportation;".
Subsec. (c).
"(c)
"(1) owned by a rail carrier subject to reorganization under title 11; and
"(2) used to provide commuter rail transportation."
Subsec. (e).
Subsec. (f).
"(f)
"(2) Eligible costs for a project under subsection (a)(5) of this section-
"(A) include property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; but
"(B) do not include construction of a commercial revenue-producing facility or a part of a public facility not related to mass transportation."
Subsec. (g).
Subsec. (g)(1)(B).
Subsec. (g)(2)(A), (B), (3)(A)(i).
Subsec. (g)(4).
Subsec. (m).
Subsec. (n)(2).
Subsec. (o).
Subsec. (p).
1997-Subsec. (m)(1).
1996-Subsec. (a).
Subsec. (e)(4)(B).
Subsec. (g)(1)(B).
Subsec. (m)(1)(A).
Subsec. (m)(3).
Effective Date of 1998 Amendment
Title IX of
Effective Date of 1996 Amendment
Amendment by section 5(12) of
Report to Congress on Use of Funds Under Pub. L. 105–178
"(1) describes the manner in which funds made available under section 3037 of the Transportation Equity Act for the 21st Century [
"(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."
Dollar Value of Mobility Improvements
"(a)
"(b)
"(1)
"(2)
Job Access and Reverse Commute Grants
"(a)
"(1) two-thirds of all new jobs are in the suburbs, whereas three-quarters of welfare recipients live in rural areas or central cities;
"(2) even in metropolitan areas with excellent public transit systems, less than half of the jobs are accessible by transit;
"(3) in 1991, the median price of a new car was equivalent to 25 weeks of salary for the average worker, and considerably more for the low-income worker;
"(4) not less than 9,000,000 households and 10,000,000 Americans of driving age, most of whom are low-income workers, do not own cars;
"(5) 94 percent of welfare recipients do not own cars;
"(6) nearly 40 percent of workers with annual incomes below $10,000 do not commute by car;
"(7) many of the 2,000,000 Americans who will have their Temporary Assistance to Needy Families grants (under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)) terminated by the year 2002 will be unable to get to jobs they could otherwise hold;
"(8) increasing the transit options for low-income workers, especially those who are receiving or who have recently received welfare benefits, will increase the likelihood of those workers getting and keeping jobs; and
"(9) many residents of cities and rural areas would like to take advantage of mass transit to gain access to suburban employment opportunities.
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) capital projects and to finance operating costs of equipment, facilities, and associated capital maintenance items related to providing access to jobs under this section;
"(ii) promoting the use of transit by workers with nontraditional work schedules;
"(iii) promoting the use by appropriate agencies of transit vouchers for welfare recipients and eligible low-income individuals under specific terms and conditions developed by the Secretary; and
"(iv) promoting the use of employer-provided transportation, including the transit pass benefit program under section 132 of the Internal Revenue Code of 1986 [26 U.S.C. 132].
"(C)
"(i) subsidize the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urban areas, urbanized areas, and areas other than urbanized areas, to suburban workplaces;
"(ii) subsidize the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or
"(iii) otherwise facilitate the provision of mass transportation services to suburban employment opportunities.
"(3)
"(4)
"(A) with respect to any proposed eligible project in an urbanized area with a population of at least 200,000, the applicant or applicants selected by the appropriate metropolitan planning organization that meets the requirements of this section, including the planning and coordination requirements in subsection (i), from among designated recipients under section 5307(a)(2) of title 49, United States Code, local governmental authorities and agencies, and nonprofit organizations; and
"(B) with respect to any proposed eligible project in an urbanized area with a population of less than 200,000, or an area other than an urbanized area, the applicant or applicants selected by the chief executive officer of the State in which the area is located that meets the requirements of this section, including the planning and coordination requirements in subsection (i), from among designated recipients under section 5307(a)(2) of title 49, United States Code, local governmental authorities and agencies, and nonprofit organizations.
"(5)
"(c)
"(1)
"(2)
"(d)
"(e)
"(f)
"(1) the percentage of the population in the area to be served by the applicant that are welfare recipients;
"(2) in the case of an applicant seeking assistance to finance an access to jobs project, the need for additional services (including bicycling) in the area to be served by the applicant to transport welfare recipients and eligible low-income individuals to and from specified jobs, training, and other employment support services, and the extent to which the proposed services will address those needs;
"(3) the extent to which the applicant demonstrates-
"(A) coordination with, and the financial commitment of, existing transportation service providers; and
"(B) coordination with the State agency that administers the State program funded under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.];
"(4) the extent to which the applicant demonstrates maximum utilization of existing transportation service providers and expands transit networks or hours of service, or both;
"(5) the extent to which the applicant demonstrates an innovative approach that is responsive to identified service needs;
"(6) the extent to which the applicant-
"(A) in the case of an applicant seeking assistance to finance an access to jobs project, presents a regional transportation plan for addressing the transportation needs of welfare recipients and eligible low-income individuals; and
"(B) identifies long-term financing strategies to support the services under this section;
"(7) the extent to which the applicant demonstrates that the community to be served has been consulted in the planning process; and
"(8) in the case of an applicant seeking assistance to finance a reverse commute project, the need for additional services identified in a regional transportation plan to transport individuals to suburban employment opportunities, and the extent to which the proposed services will address those needs.
"(g)
"(h)
"(1)
"(2)
"(A)
"(i) shall be provided in cash from sources other than revenues from providing mass transportation, but may include amounts received under a service agreement; and
"(ii) may be derived from amounts appropriated to or made available to a department or agency of the Federal Government (other than the Department of Transportation) that are eligible to be expended for transportation.
"(B)
"(i)
"(1)
"(2)
"(j)
"(1) all of the terms and conditions to which a grant made under section 5307 of title 49, United States Code, is subject; and
"(2) such other terms and conditions as are determined by the Secretary.
"(k)
"(1)
"(A) conduct a study to evaluate the grant program authorized under this section; and
"(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of each study under subparagraph (A).
"(2)
"(A) conduct a study to evaluate the access to jobs grant program authorized under this section; and
"(B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report describing the results of the study under subparagraph (A).
"(l)
"(1)
"(A)
"(i) $40,000,000 for fiscal year 1999;
"(ii) $60,000,000 for fiscal year 2000;
"(iii) $80,000,000 for fiscal year 2001;
"(iv) $100,000,000 for fiscal year 2002; and
"(v) $120,000,000 for fiscal year 2003.
"(B)
"(i) $10,000,000 for fiscal year 1999;
"(ii) $15,000,000 for fiscal year 2000;
"(iii) $20,000,000 for fiscal year 2001;
"(iv) $25,000,000 for fiscal year 2002; and
"(v) $30,000,000 for fiscal year 2003.
"(C)
"(i) $100,000,000 for fiscal year 1999;
"(ii) $75,000,000 for fiscal year 2000;
"(iii) $50,000,000 for fiscal year 2001; and
"(iv) $25,000,000 for fiscal year 2002.
"(2)
"(3)
"(A) 60 percent shall be allocated for eligible projects in urbanized areas with populations of at least 200,000.
"(B) 20 percent shall be allocated for eligible projects in urbanized areas with populations of less than 200,000.
"(C) 20 percent shall be allocated for eligible projects in areas other than urbanized areas."
Encouragement of Adversely Affected Industries To Compete for Contracts
Section Referred to in Other Sections
This section is referred to in sections 5301, 5310, 5315, 5318, 5319, 5320, 5323, 5324, 5327, 5328, 5331, 5333, 5334, 5337, 5338 of this title; title 42 sections 3013, 3338.