49 USC Ch. 55: INTERMODAL TRANSPORTATION
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49 USC Ch. 55: INTERMODAL TRANSPORTATION
From Title 49—TRANSPORTATIONSUBTITLE III—GENERAL AND INTERMODAL PROGRAMS

CHAPTER 55—INTERMODAL TRANSPORTATION

SUBCHAPTER I—GENERAL

Sec.
5501.
National Intermodal Transportation System policy.
5502.
Intermodal Transportation Advisory Board.
5503.
Office of Intermodalism.
5504.
Model intermodal transportation plans.
5505.
University transportation research.
5506.
Advanced vehicle technologies program.

        

SUBCHAPTER II—TERMINALS

5561.
Definition.
5562.
Assistance projects.
5563.
Conversion of certain rail passenger terminals.
5564.
Interim preservation of certain rail passenger terminals.
5565.
Encouraging the development of plans for converting certain rail passenger terminals.
5566.
Records and audits.
5567.
Preference for preserving buildings of historic or architectural significance.
5568.
Authorization of appropriations.

        

Amendments

1998Pub. L. 105–178, title V, §§5110(b), 5111(b), June 9, 1998, 112 Stat. 444, 445, added items 5505 and 5506.

Chapter Referred to in Other Sections

This chapter is referred to in section 113 of this title.

SUBCHAPTER I—GENERAL

§5501. National Intermodal Transportation System policy

(a) General.—It is the policy of the United States Government to develop a National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the United States to compete in the global economy, and will move individuals and property in an energy efficient way.

(b) System Characteristics.—(1) 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 development and supporting the United States' preeminent position in international commerce.

(2) The National Intermodal Transportation System shall include a National Highway System consisting of the Dwight D. Eisenhower System of Interstate and Defense Highways and those principal arterial roads that are essential for interstate and regional commerce and travel, national defense, intermodal transfer facilities, and international commerce and border crossings.

(3) The National Intermodal Transportation System shall include significant improvements in public transportation necessary to achieve national goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly individuals, individuals with disabilities, and economically disadvantaged individuals in urban and rural areas of the United States.

(4) The National Intermodal Transportation System shall provide improved access to ports and airports, the Nation's link to commerce.

(5) 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 attention to the external benefits of reduced air pollution, reduced traffic congestion, and other aspects of the quality of life in the United States.

(6) The National Intermodal Transportation System must be operated and maintained with insistent attention to the concepts of innovation, competition, 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 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 on safety considerations and techniques for cost allocation.

(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, individuals with disabilities, and economically disadvantaged individuals.

(9) The National Intermodal Transportation System must be the centerpiece of a national investment 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.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 848.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5501 49:101 (note). Dec. 18, 1991, Pub. L. 102–240, §2, 105 Stat. 1914.

In this section, the words "Dwight D. Eisenhower System of Interstate and Defense Highways" are substituted for "National System of Interstate and Defense Highways" because of the Act of October 15, 1990 (Public Law 101–427, 104 Stat. 927).

§5502. Intermodal Transportation Advisory 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 Secretary, 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

(5) the Federal Transit Administration.


(c) Duties and Powers.—The Board shall provide recommendations for carrying out the duties of the Secretary described in section 301(3) of this title.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 849.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5502 49:301 (note). Dec. 18, 1991, Pub. L. 102–240, §5002(b), 105 Stat. 2158.

Termination of Advisory Boards

Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by Congress, its duration is otherwise provided by law. See sections 3(2), and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

§5503. Office of Intermodalism

(a) Establishment.—The Secretary of Transportation shall establish in the Office of the Secretary 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) Research.—The Director shall—

(1) coordinate United States Government research on intermodal transportation as provided in the plan developed under section 6009(b) of the Intermodal 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 provide technical assistance to States and to metropolitan planning organizations for urban areas having a population 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 organizations.

(f) Administrative and Clerical Support.—The Director shall provide administrative and clerical support to the Intermodal Transportation Advisory Board.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 850; Pub. L. 105–178, title V, §5109(b), June 9, 1998, 112 Stat. 440.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5503 49:301 (note). Dec. 18, 1991, Pub. L. 102–240, §5002(c), 105 Stat. 2158.

References in Text

Section 6009(b) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (d)(1), is section 6009(b) of Pub. L. 102–240, which is set out as a note under section 508 of Title 23, Highways.

Amendments

1998—Subsecs. (d) to (g). Pub. L. 105–178 redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out heading and text of former subsec. (d). Text read as follows:

"(1) The Director shall develop, maintain, and disseminate intermodal transportation data through the Bureau of Transportation Statistics. The Director shall coordinate the collection of data for the data base with the States and metropolitan planning organizations. The data base shall include information on—

"(A) the volume of property and number of individuals carried in intermodal transportation by relevant classification;

"(B) patterns of movement of property and individuals in intermodal transportation by relevant classification by origin and destination; and

"(C) public and private investment in intermodal transportation facilities and services.

"(2) The Director shall make information from the data base available to the public."

§5504. Model intermodal transportation plans

(a) Grants.—The Secretary of Transportation shall make grants to States to develop model State intermodal 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 receiving a grant under this section, the Secretary shall require that the State provide assurances that the State will submit to the Secretary a State intermodal transportation 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.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 850.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5504 49:301 (note). Dec. 18, 1991, Pub. L. 102–240, §5003, 105 Stat. 2159.

§5505. University transportation research

(a) Regional Centers.—The Secretary of Transportation shall make grants to nonprofit institutions of higher learning to establish and operate 1 university transportation center in each of the 10 United States Government regions that comprise the Standard Federal Regional Boundary System.

(b) Other Centers.—The Secretary shall make grants to nonprofit institutions of higher learning to establish and operate university transportation centers, in addition to the centers receiving grants under subsection (a), to address transportation management and research and development matters, with special attention to increasing the number of highly skilled individuals entering the field of transportation.

(c) Selection of Grant Recipients.—

(1) Applications.—In order to be eligible to receive a grant under this section, 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 require.

(2) Selection criteria.—Except as otherwise provided by this section, the Secretary shall select each recipient of a grant under this section through a competitive process on the basis of the following:

(A) For regional centers, the location of the center within the Federal region to be served.

(B) The demonstrated research and extension resources available to the recipient to carry out this section.

(C) The capability of the recipient to provide leadership in making national and regional contributions to the solution of immediate and long-range transportation problems.

(D) The recipient's establishment of a surface transportation program encompassing several modes of transportation.

(E) The recipient's demonstrated commitment of at least $200,000 in regularly budgeted institutional amounts each year to support ongoing transportation research and education programs.

(F) The recipient's demonstrated ability to disseminate results of transportation research and education programs through a statewide or regionwide continuing education program.

(G) The strategic plan the recipient proposes to carry out under the grant.


(d) Objectives.—Each university transportation center receiving a grant under this section shall conduct the following programs and activities:

(1) Basic and applied research, the products of which are judged by peers or other experts in the field to advance the body of knowledge in transportation.

(2) An education program that includes multidisciplinary course work and participation in research.

(3) An ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented, utilized, or otherwise applied.


(e) Maintenance of Effort.—In order to be eligible to receive a grant under this section, a recipient shall enter into an agreement with the Secretary to ensure that the recipient 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.

(f) Federal Share.—The Federal share of the costs of activities carried out using a grant made under this section is 50 percent of costs. The non-Federal share may include funds provided to a recipient under section 503, 504(b), or 505 of title 23, United States Code.

(g) Program Coordination.—

(1) Coordination.—The Secretary shall coordinate the research, education, training, and technology transfer activities that grant recipients carry out under this section, disseminate the results of the research, and establish and operate a clearinghouse.

(2) Annual review and evaluation.—At least annually and consistent with the plan developed under section 508 of title 23, United States Code, the Secretary shall review and evaluate programs the grant recipients carry out.

(3) Funding limitation.—The Secretary may use not more than 1 percent of amounts made available from Government sources to carry out this subsection.


(h) Limitation on Availability of Funds.—Funds made available to carry out this program shall remain available for obligation for a period of 2 years after the last day of the fiscal year for which such funds are authorized.

(i) Number and Amount of Grants.—Subject to section 5338(e):

(1) Fiscal years 1998 and 1999.—For each of fiscal years 1998 and 1999, the Secretary shall make the following grants under this section:

(A) Group a.—The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions or groups of institutions in group A.

(B) Group b.—The Secretary shall make a grant in the amount of $300,000 to each of the institutions or groups of institutions in group B.

(C) Group c.—The Secretary shall make a grant in the amount of $750,000 to each of the institutions or groups of institutions in group C.

(D) Group d.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or groups of institutions in group D.


(2) Fiscal years 2000 and 2001.—For each of fiscal years 2000 and 2001, the Secretary shall make the following grants under this section:

(A) Group a.—The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions or groups of institutions in group A.

(B) Group b.—The Secretary shall make a grant in the amount of $500,000 to 8 of the institutions or groups of institutions in group B.

(C) Group c.—The Secretary shall make a grant in the amount of $750,000 to each of the institutions or groups of institutions in group C.

(D) Group d.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or groups of institutions in group D.


(3) Fiscal years 2002 and 2003.—For each of fiscal years 2002 and 2003, the Secretary shall make the following grants under this section:

(A) Group a.—The Secretary shall make a grant in the amount of $1,000,000 to each of the institutions or groups of institutions in group A.

(B) Groups b and c.—The Secretary shall make a grant in the amount of $1,000,000 to 10 of the institutions or groups of institutions in groups B and C that received grants under this section in fiscal years 2000 and 2001.

(C) Group d.—The Secretary shall make a grant in the amount of $2,000,000 to each of the institutions or groups of institutions in group D.


(j) Identification of Groups.—For the purpose of making grants under this section, the following groups are identified:

(1) Group a.—Group A shall consist of the 10 regional centers selected under subsection (a).

(2) Group b.—Group B shall consist of the following:

(A) The University of Denver and Mississippi State University.

(B) The University of Central Florida.

(C) University of Southern California and California State University at Long Beach.

(D) Rutgers University.

(E) University of Missouri at Rolla.

(F) South Carolina State University.

(G) Joseph P. Kennedy Science and Technology Center, Assumption College, Massachusetts.

(H) Purdue University.


(3) Group c.—Group C shall consist of the following:

(A) University of Arkansas.

(B) New Jersey Institute of Technology.

(C) University of Idaho.

(D) The University of Alabama.

(E) Morgan State University.

(F) North Carolina State University.

(G) San Jose State University.

(H) University of South Florida.

(I) North Carolina A. and T. State University.


(4) Group d.—Group D shall consist of the following:

(A) University of Minnesota.

(B) Marshall University, West Virginia, on behalf of a consortium which may also include West Virginia University Institute of Technology, the College of West Virginia, and Bluefield State College.

(C) George Mason University, along with the University of Virginia and Virginia Tech University.

(D) Western Transportation Institute.

(E) Rhode Island Transportation Research Center.

(F) Northwestern University.

(Added and amended Pub. L. 105–178, title V, §5110(a), (d), June 9, 1998, 112 Stat. 441; Pub. L. 105–206, title IX, §9011(d), July 22, 1998, 112 Stat. 863.)

Amendments

1998—Subsec. (g)(2). Pub. L. 105–178, §5110(d)(1), as added by Pub. L. 105–206, substituted "'section 508 of title 23, United States Code," for "section 5506,".

Subsec. (i). Pub. L. 105–178, §5110(d)(2), as added by Pub. L. 105–206, inserted "Subject to section 5338(e):" before par. (1) and substituted "institutions or groups of institutions" for "institutions" wherever appearing.

Subsec. (j)(4)(B). Pub. L. 105–178, §5110(d)(3), as added by Pub. L. 105–206, substituted "on behalf of a consortium which may also include West Virginia University Institute of Technology, the College of West Virginia, and Bluefield State College" for "on behalf of a consortium of West Virginia colleges and universities".

Effective Date of 1998 Amendment

Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.

Section Referred to in Other Sections

This section is referred to in section 5338 of this title; title 46 App. section 1121–2.

§5506. Advanced vehicle technologies program

(a) Purposes.—The Secretary of Transportation, in coordination with other government agencies and private consortia, shall encourage and promote the research, development, and deployment of transportation technologies that will use technological advances in multimodal vehicles, vehicle components, environmental technologies, and related infrastructure to remove impediments to an efficient, safe, and cost-effective national transportation system.

(b) Definition of Eligible Consortium.—In this section, the term "eligible consortium" means a consortium that receives funding under the Department of Defense Appropriations Act, 1993 (Public Law 102–396; 106 Stat. 1876), and that comprises 2 or more of the following entities:

(1) Businesses incorporated in the United States.

(2) Public or private educational or research organizations located in the United States.

(3) Entities of State or local governments in the United States.

(4) Federal laboratories.


(c) Program.—The Secretary shall enter into contracts, cooperative agreements, and other transactions as authorized by section 2371 of title 10 with, and make grants to, eligible consortia to promote the development and deployment of innovation in transportation technology services, management, and operational practices.

(d) Eligibility Criteria.—To be eligible to receive assistance under this section, an eligible consortium shall—

(1) for a period of not less than the 3 years preceding the date of a contract, cooperative agreement, or other transaction, be organized on a statewide or multistate basis for the purpose of designing, developing, and deploying transportation technologies that address identified technological impediments in the transportation field;

(2) facilitate the participation in the consortium of small- and medium-sized businesses, utilities, public laboratories and universities, and other relevant entities;

(3) be actively engaged in transportation technology projects that address compliance in nonattainment areas under the Clean Air Act (42 U.S.C. 7401 et seq.);

(4) be designed to use Federal and State funding to attract private capital in the form of grants or investments to carry out this section; and

(5) ensure that at least 50 percent of the funding for the consortium project will be provided by non-Federal sources.


(e) Proposals.—The Secretary shall prescribe such terms and conditions as the Secretary determines to be appropriate for the content and structure of proposals submitted for assistance under this section.

(f) Reporting Requirements.—At least once each year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the projects undertaken by the eligible consortia and the progress made in advancing the purposes of this section.

(g) Authorization of Appropriations.—

(1) In general.—There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 1999 through 2003, to remain available until expended.

(2) Availability.—Notwithstanding section 118(a),1 funds made available under paragraph (1) shall not be available in advance of an annual appropriation.

(Added Pub. L. 105–178, title V, §5111(a), June 9, 1998, 112 Stat. 444.)

References in Text

The Department of Defense Appropriations Act, 1993, referred to in subsec. (b), is Pub. L. 102–396, Oct. 6, 1992, 106 Stat. 1876. For complete classification of this Act to the Code, see Tables.

The Clean Air Act, referred to in subsec. (d)(3), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

Section Referred to in Other Sections

This section is referred to in section 47136 of this title.

1 So in original. This title does not contain a section 118.

SUBCHAPTER II—TERMINALS

§5561. Definition

In this chapter, "civic and cultural activities" includes libraries, musical and dramatic presentations, art exhibits, adult education programs, public meeting places, and other facilities for carrying on an activity any part of which is supported under a law of the United States.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 851.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5561 49 App.:1653(i)(10). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(10); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412.

In this chapter, both sections 6 and 15 of the Amtrak Improvement Act (Public Law 93–496, 88 Stat. 1528, 1533) are listed as source credits for the addition of section 4(i) to the Department of Transportation Act (Public Law 89–670, 80 Stat. 931). This is done to conform to the probable intent of Congress as evidenced by the directory language of section 15 of the Act of October 28, 1974.

In this section, the words "for community groups, convention visitors and others" are omitted as unnecessary.

§5562. Assistance projects

(a) Requirements To Provide Assistance.—The Secretary of Transportation shall provide financial, technical, and advisory assistance under this chapter to—

(1) promote, on a feasibility demonstration basis, the conversion of at least 3 rail passenger terminals into intermodal transportation terminals;

(2) preserve rail passenger terminals that reasonably are likely to be converted or maintained pending preparation of plans for their reuse;

(3) acquire and use space in suitable buildings of historic or architectural significance but only if use of the space is feasible and prudent when compared to available alternatives; and

(4) encourage State and local governments, local and regional transportation authorities, common carriers, philanthropic organizations, and other responsible persons to develop plans to convert rail passenger terminals into intermodal transportation terminals and civic and cultural activity centers.


(b) Effect on Eligibility.—This chapter does not affect the eligibility of any rail passenger terminal for preservation or reuse assistance under another program or law.

(c) Acquiring Space.—The Secretary may acquire space under subsection (a)(3) of this section only after consulting with the Advisory Council on Historic Preservation and the Chairman of the National Endowment for the Arts.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 851.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5562(a) 49 App.:1653(i)(1). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(1); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1528, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(1), (2), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412.
5562(b) 49 App.:1653(i)(11). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(11); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412.
5562(c) 49 App.:1653(i)(4). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(4); added Feb. 5, 1976, Pub. L. 94–210, §707(4), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412.

In subsection (a)(3), the words "but only if" are substituted for "unless . . . would not" for consistency.

In subsection (a)(4), the word "encourage" is substituted for "stimulating" for clarity.

In subsection (b), the words "This chapter does not affect" are substituted for "Nothing in this subsection shall be construed to invalidate" for clarity and consistency. The words "rail passenger terminal" are substituted for "station", and the word "law" is substituted for "statute", for consistency.

Section Referred to in Other Sections

This section is referred to in sections 5563, 5564, 5565, 5568 of this title.

§5563. Conversion of certain rail passenger terminals

(a) Authority To Provide Assistance.—The Secretary of Transportation may provide financial assistance to convert a rail passenger terminal to an intermodal transportation terminal under section 5562(a)(1) of this title only if—

(1) the terminal can be converted to accommodate other modes of transportation the Secretary of Transportation decides are appropriate, including—

(A) motorbus transportation;

(B) mass transit (rail or rubber tire); and

(C) airline ticket offices and passenger terminals providing direct transportation to area airports;


(2) the terminal is listed on the National Register of Historic Places maintained by the Secretary of the Interior;

(3) the architectural integrity of the terminal will be preserved;

(4) to the extent practicable, the use of the terminal facilities for transportation may be combined with use of those facilities for other civic and cultural activities, especially when another activity is recommended by—

(A) the Advisory Council on Historic Preservation;

(B) the Chairman of the National Endowment for the Arts; or

(C) consultants retained under subsection (b) of this section; and


(5) the terminal and the conversion project meet other criteria prescribed by the Secretary of Transportation after consultation with the Council and Chairman.


(b) Architectural Integrity.—The Secretary of Transportation must employ consultants on whether the architectural integrity of the rail passenger terminal will be preserved under subsection (a)(3) of this section. The Secretary may decide that the architectural integrity will be preserved only if the consultants concur. The Council and Chairman shall recommend consultants to be employed by the Secretary. The consultants also may make recommendations referred to in subsection (a)(4) of this section.

(c) Government's Share of Costs.—The Secretary of Transportation may not make a grant under this section for more than 80 percent of the total cost of converting a rail passenger terminal into an intermodal transportation terminal.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 851.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5563(a), (b) 49 App.:1653(i)(2) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(2); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1528, 1533; May 26, 1975, Pub. L. 94–25, §13, 89 Stat. 93; Oct. 5, 1978, Pub. L. 95–421, §14, 92 Stat. 929.
5563(c) 49 App.:1653(i)(2) (last sentence).

In subsection (a), before clause (1), the words "to convert a rail passenger terminal to an intermodal transportation terminal under section 5562(a)(1) of this title" are substituted for "for the purpose set forth in paragraph (1)(A) of this subsection" for clarity and because of the restatement. In clause (5), the word "prescribed" is substituted for "develop and promulgate" for consistency in the revised title and with other titles of the United States Code.

Subsection (b) is substituted for "and such judgment is concurred in by consultants recommended by the Chairman of the National Endowment of [sic] the Arts and the Advisory Council on Historic Preservation and retained for this purpose by the Secretary" for clarity and consistency in the revised title.

§5564. Interim preservation of certain rail passenger terminals

(a) General Grant Authority.—Subject to subsection (b) of this section, the Secretary of Transportation may make a grant of financial assistance to a responsible person (including a governmental authority) to preserve a rail passenger terminal under section 5562(a)(2) of this title. To receive assistance under this section, the person must be qualified, prepared, committed, and authorized by law to maintain (and prevent the demolition, dismantling, or further deterioration of) the terminal until plans for its reuse are prepared.

(b) Grant Requirements.—The Secretary of Transportation may make a grant of financial assistance under this section only if—

(1) the Secretary decides the rail passenger terminal has a reasonable likelihood of being converted to, or conditioned for reuse as, an intermodal transportation terminal, a civic or cultural activities center, or both; and

(2) planning activity directed toward conversion or reuse has begun and is proceeding in a competent way.


(c) Maximizing Preservation of Terminals.—(1) Amounts appropriated to carry out this section and section 5562(a)(2) of this title shall be expended in the way most likely to maximize the preservation of rail passenger terminals that are—

(A) reasonably capable of conversion to intermodal transportation terminals;

(B) listed in the National Register of Historic Places maintained by the Secretary of the Interior; or

(C) recommended (on the basis of architectural integrity and quality) by the Advisory Council on Historic Preservation or the Chairman of the National Endowment for the Arts.


(2) The Secretary of Transportation may not make a grant under this section for more than 80 percent of the total cost of maintaining the terminal for an interim period of not more than 5 years.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 852.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5564(a) 49 App.:1653(i)(3) (1st sentence words before proviso). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(3); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1529, 1533; Oct. 5, 1978, Pub. L. 95–421, §14, 92 Stat. 929.
5564(b) 49 App.:1653(i)(3) (1st sentence proviso).
5564(c) 49 App.:1653(i)(3) (2d, last sentences).

In subsection (a), the words "Subject to subsection (b) of this section" are added for clarity. The word "authority" is substituted for "entity" for consistency in the revised title. The words "in accordance with regulations" and "applicable" are omitted as surplus.

In subsection (b), the words before clause (1) are substituted for "Provided, That" for clarity and consistency in the revised title.

In subsection (c)(2), the words "The Secretary of Transportation may not make a grant" are substituted for "The amount of the Federal share of any grant . . . shall not exceed" for clarity and consistency in this chapter.

§5565. Encouraging the development of plans for converting certain rail passenger terminals

(a) General Grant Authority.—The Secretary of Transportation may make a grant of financial assistance to a qualified person (including a governmental authority) to encourage the development of plans for converting a rail passenger terminal under section 5562(a)(4) of this title. To receive assistance under this section, the person must—

(1) be prepared to develop practicable plans that meet zoning, land use, and other requirements of the applicable State and local jurisdictions in which the terminal is located;

(2) incorporate into the designs and plans proposed for converting the terminal, features that reasonably appear likely to attract private investors willing to carry out the planned conversion and its subsequent maintenance and operation; and

(3) complete the designs and plans for the conversion within the period of time prescribed by the Secretary.


(b) Preference.—In making a grant under this section, the Secretary of Transportation shall give preferential consideration to an applicant whose completed designs and plans will be carried out within 3 years after their completion.

(c) Maximizing Conversion and Continued Public Use.—(1) Amounts appropriated to carry out this section and section 5562(a)(4) of this title shall be expended in the way most likely to maximize the conversion and continued public use of rail passenger terminals that are—

(A) listed in the National Register of Historic Places maintained by the Secretary of the Interior; or

(B) recommended (on the basis of architectural integrity and quality) by the Advisory Council on Historic Preservation or the Chairman of the National Endowment for the Arts.


(2) The Secretary of Transportation may not make a grant under this section for more than 80 percent of the total cost of the project for which the financial assistance is provided.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 853; Pub. L. 103–429, §6(15), Oct. 31, 1994, 108 Stat. 4379.)

Historical and Revision Notes
Pub. L. 103–272
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5565(a) 49 App.:1653(i)(5) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(5); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1529, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; Oct. 5, 1978, Pub. L. 95–421, §14, 92 Stat. 929; Sept. 29, 1979, Pub. L. 96–73, §128, 93 Stat. 553; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412.
5565(b) 49 App.:1653(i)(5) (2d sentence).
5565(c) 49 App.:1653(i)(5) (3d, last sentences).

In subsection (a), before clause (1), the word "authority" is substituted for "entity" for consistency in the revised title. The words "in accordance with regulations" are omitted as unnecessary because of 49:322(a). In clause (1), the words "as well as requirements . . . under this subsection" are omitted as unnecessary because of the restatement. In clause (2), the words "into an intermodal transportation terminal, a civic or cultural center, or both" are omitted as unnecessary. In clause (3), the word "prescribed" is substituted for "establishes" as being more appropriate.

In subsection (b), the words "carried out" are substituted for "implemented and effectuated" for consistency in the revised title.

In subsection (c)(2), the words "The Secretary of Transportation may not make a grant" are substituted for "The amount of the Federal share of any grant . . . shall not exceed" for clarity and consistency in this chapter. The word "undertaking" is omitted as being included in "project".

Pub. L. 103–429

This amends 49:5565 to correct an erroneous section catchline.

Amendments

1994Pub. L. 103–429 inserted "certain" after "converting" in section catchline.

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.

§5566. Records and audits

(a) Record Requirements.—Each recipient of financial assistance under this chapter shall keep records required by the Secretary of Transportation. The records shall disclose—

(1) the amount, and disposition by the recipient, of the proceeds of the assistance;

(2) the total cost of the project for which the assistance was given or used;

(3) the amount of that part of the cost of the project supplied by other sources; and

(4) any other records that will make an effective audit easier.


(b) Audits and Inspections.—For 3 years after a project is completed, the Secretary and the Comptroller General may audit and inspect records of a recipient that the Secretary or Comptroller General decides may be related or pertinent to the financial assistance.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 853.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5566(a) 49 App.:1653(i)(8) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(8); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412.
5566(b) 49 App.:1653(i)(8) (last sentence).

In this section, the word "undertaking" is omitted as being included in "project".

In subsection (a), before clause (1), the word "fully" is omitted as surplus.

In subsection (b), the words "the expiration of" and "of the United States" are omitted as surplus. The words "or any of their duly authorized representatives" are omitted as unnecessary because of 49:322(b) and 31:711(2). The words "may audit and inspect" are substituted for "shall have access for the purpose of audit and examination" for consistency in the revised title and with other titles of the United States Code. The word "recipient" is substituted for "such receipts" to correct an error in the underlying source provisions.

§5567. Preference for preserving buildings of historic or architectural significance

Amtrak shall give preference to the use of rail passenger terminal facilities that will preserve buildings of historic or architectural significance.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 854.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5567 49 App.:1653(i)(7). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(7); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; Feb. 5, 1976, Pub. L. 94–210, §707(3), 90 Stat. 125; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412.

The word "Amtrak" is substituted for "The National Railroad Passenger Corporation" for consistency in the revised title. The words "rail passenger terminal" are substituted for "station" for consistency in this chapter. The word "or" is substituted for "and" for consistency with the source provisions being restated in section 5562(a)(3) of the revised title.

§5568. Authorization of appropriations

(a) General.—The following amounts may be appropriated to the Secretary of Transportation:

(1) not more than $15,000,000 to carry out section 5562(a)(1) and (3) of this title.

(2) not more than $2,500,000 to carry out section 5562(a)(2) of this title.

(3) not more than $2,500,000 to carry out section 5562(a)(4) of this title.


(b) Availability of Amounts.—Amounts appropriated to carry out this chapter remain available until expended.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 854.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
5568 49 App.:1653(i)(9). Oct. 15, 1966, Pub. L. 89–670, 80 Stat. 931, §4(i)(9); added Oct. 28, 1974, Pub. L. 93–496, §§6, 15, 88 Stat. 1530, 1533; restated Feb. 5, 1976, Pub. L. 94–210, §707(3), (5), 90 Stat. 125; Oct. 19, 1976, Pub. L. 94–555, §219(a), 90 Stat. 2629; May 30, 1980, Pub. L. 96–254, §206(a), 94 Stat. 412.

In subsection (a), before clause (1), the words "to the Secretary of Transportation" are added for clarity and consistency in this chapter.

In subsection (b), the words "to carry out" are substituted for "for the purpose set forth . . . in" for consistency in the revised title and with other titles of the United States Code.