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[THE FOLLOWING TEXT FILE OF H.R. 2950 (ENROLLED BILL), PUB. L. 102-240,
105 STAT. 1914, WAS PURCHASED FROM THE GOVERNMENT PRINTING OFFICE. CHECK
FOR ACCURACY BEFORE QUOTING ANY TEXT.]
[Title III - Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA) - PL 102-240]
TITLE III-FEDERAL TRANSIT ACT AMENDMENTS OF 1991
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Federal Transit Act Amendments of 1991''.
SEC. 3002. AMENDMENTS TO URBAN MASS TRANSPORTATION ACT OF 1964.
Except as otherwise expressly provided, whenever in this title an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to a section
or other provision of the Urban Mass Transportation Act of 1964 (49 U.S.C.
App. 1601m1621).
SEC. 3003. AMENDMENT TO SHORT TITLE OF URBAN MASS TRANSPORTATION ACT
OF 1964.
(a) In General.-The Act is amended by striking ``That this Act may be
cited as the `Urban Mass Transportation Act of 1964'.'' and inserting the
following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Federal Transit Act'.''.
(b) Other References.-Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Urban Mass Transportation
Act of 1964 shall be deemed to be a reference to the ``Federal Transit
Act''.
SEC. 3004. FEDERAL TRANSIT ADMINISTRATION.
(a) Redesignation of UMTA.-The Urban Mass Transportation Administration
of the Department of Transportation shall be known and designated as the
``Federal Transit Administration''.
(b) References.-Any reference in a law, map, regulation, document, paper,
or other record of the United States to the Urban Mass Transportation Administration
shall be deemed to be a reference to the ``Federal Transit Administration''.
(c) Amendments to Title 49.-
(1) Amendment to text.-Section 107(a) of title 49, United States Code,
is amended by striking ``Urban Mass Transportation Administration'' and
inserting ``Federal Transit Administration''.
(2) Amendment to section heading.-The heading for section 107 of such
title is amended to read as follows:
``Sec. 107. Federal Transit Administration''.
(3) Amendment to chapter analysis.-The analysis for chapter 1 of such
title is amended by striking the item relating to section 107 and inserting
the following:
``107. Federal Transit Administration.''.
(d) Amendments to Title 5.-Title 5, United States Code, is amended-
(1) in section 5314 by striking ``Urban Mass Transportation Administrator''
and inserting ``Federal Transit Administrator''; and
(2) in section 5316 by striking ``Deputy Administrator, Urban Mass Transportation
Administration'' and inserting ``Deputy Administrator, Federal Transit
Administration''.
SEC. 3005. FINDINGS AND PURPOSES.
(a) Findings.-Section 2(a) is amended-
(1) in paragraph (2) by striking ``; and'' and inserting a semicolon;
(2)~~~~~ in~~~~~ paragraph~~~~~ (3)~~~~~ by~~~~~ striking~~~~~ the~~~~~
period~~~~~ and~~~~~ inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) that significant transit improvements are necessary to achieve
national goals for improved air quality, energy conservation, international
competitiveness, and mobility for elderly persons, persons with disabilities,
and economically disadvantaged persons in urban and rural areas of the
country.''.
(b) Purposes.-Section 2(b) is amended-
(1) in paragraph (2) by striking ``; and'' and inserting a semicolon;
(2)~~~~~ in~~~~~ paragraph~~~~~ (3)~~~~~ by~~~~~ striking~~~~~ the~~~~~
period~~~~~ and~~~~~ inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) to provide financial assistance to State and local governments
and their instrumentalities to help implement national goals relating to
mobility for elderly persons, persons with disabilities, and economically
disadvantaged persons.''.
SEC. 3006. MAJOR CAPITAL INVESTMENT PROGRAM.
(a) Elderly Persons and Persons With Disabilities.-Section 3(a)(1) is
amended by striking subparagraph (E) and inserting the following new subparagraph:
``(E) transit projects which are planned, designed, and carried out
to meet the special needs of elderly persons and persons with disabilities;
and''.
(b) Corridor Development.-Section 3(a)(1) is further amended by adding
at the end the following new subparagraph:
``(F) the development of corridors to support fixed guideway systems,
including protection of rightsofway through acquisition, construction of
dedicated bus and high occupancy vehicle lanes, construction of park and
ride lots, and any other nonvehicular capital improvements that the Secretary
may determine would result in~~~ increased transit~~~ usage in~~~ the _corridor.''.
(c) Grandfathered Letters of Intent.-This Act shall not be construed
to affect the validity of any existing letter of intent, full funding grant
agreement, or letter of commitment issued under section 3(a)(4) of the
Federal Transit Act before the date of the enactment of the Federal Transit
Act Amendments of 1991.
(d) Allocations.-Section 3(k) is amended-
(1) by striking paragraph (1) and inserting the following:
``(1) In general.-Subject to paragraph (3), of the amounts available
for grants and loans under this section for fiscal years 1992, 1993, 1994,
1995, 1996, and 1997-
``(A) 40 percent shall be available for fixed guideway modernization;
``(B) 40 percent shall be available for construction of new fixed guideway
systems and extensions to fixed guideway systems; and
``(C) 20 percent shall be available for the replacement, rehabilitation,
and purchase of buses and related equipment and the construction of busrelated
facilities.''; and
(2) by adding at the end the following new paragraph:
``(3) Areas other than urbanized areas.-At least 5.5 percent of the
amounts available for grants and loans under subsection (k)(1)(C) for fiscal
years 1992, 1993, 1994, 1995, 1996, and 1997 shall be available for areas
other than urbanized areas.''.
(e) Bond Interest on Advance Construction.-Section 3(l)(2)(B) is amended
by striking ``the excess of-'' and all that follows through the period
and inserting ``the most favorable interest terms reasonably available
for the project at the time of borrowing. The applicant shall certify,
in a form satisfactory to the Secretary, that the applicant has shown due
diligence in seeking the most favorable financial terms.''.
(f) Federal Share.-Section 4(a) is amended-
(1) by striking ``75 per centum'' and inserting ``80 percent''; and
(2) by inserting before the period at the end of the second sentence
the following: ``, unless the recipient of the grant requests a lower Federal
grant percentage''.
(g) Local Share for Certain Planned Extensions of Fixed Guideway Systems.-Section
4(a) is amended by adding at the end the following new sentence: ``The
remainder of the net project cost of a planned extension to a fixed guideway
system may include the cost of rolling stock previously purchased if the
applicant demonstrates to the satisfaction of the Secretary that-
``(1) such purchase was made solely with nonFederal funds; and
``(2) such purchase was made for use on the extension.''.
(h) Fiscal Capacity Considerations.-Section 4 is amended-
(1) by striking subsections (b), (c), (d), (e), (f), and (g) and redesignating
subsections (h) and (i) as subsections (b) and (c), respectively; and
(2) by adding at the end the following new subsection:
``(d) Fiscal Capacity Considerations.-If the Secretary gives priority
consideration to the funding of projects which include more than the nonFederal
share required by subsection (a), the Secretary shall give equal consideration
to differences in the fiscal capacity of State and local governments.''.
SEC. 3007. CAPITAL GRANTS; TECHNICAL AMENDMENT TO PROVIDE FOR EARLY
SYSTEMS WORK CONTRACTS AND FULL FUNDING GRANT AGREEMENTS.
Section 3(a)(4) is amended-
(1) by inserting ``(A)'' after ``(4)'';
(2) in the fifth sentence by inserting ``not less than'' after ``complete'';
(3) by adding after the sixth sentence the following:
``(B) The Secretary is authorized to enter into a full funding grant
agreement with an applicant, which agreement shall-
``(i) establish the terms and conditions of Federal financial participation
in a project under this section;
``(ii) establish the maximum amounts of Federal financial assistance
for such project;
``(iii) cover the period of time to completion of the project, including
any period that may extend beyond the period of any authorization; and
``(iv) facilitate timely and efficient management of such project in
accordance with Federal law.
``(C) An agreement under subparagraph (B) shall obligate an amount of
available budget authority specified in law and may include a commitment,
contingent upon the future availability of budget authority, to obligate
an additional amount or additional amounts from future available budget
authority specified in law. The agreement shall specify that the contingent
commitment does not constitute an obligation of the United States. The
future availability of budget authority referred to in the first sentence
of this subparagraph shall be amounts to be specified in law in advance
for commitments entered into under subparagraph (B). Any interest and other
financing costs of efficiently carrying out the project or a portion thereof
within a reasonable period of time shall be considered as a cost of carrying
out the project under a full funding grant agreement; except that eligible
costs shall not be greater than the costs of the most favorable financing
terms reasonably available for the project at the time of borrowing. The
applicant shall certify, in a form satisfactory to the Secretary, that
the applicant has shown due diligence in seeking the most favorable financing
terms. The total of amounts stipulated in a full funding grant agreement
for a fixed guideway project shall be sufficient to complete not less than
an operable segment.
``(D) The Secretary is authorized to enter into an early systems work
agreement with an applicant if a record of decision pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued
on the project and the Secretary determines that there is reason to believe-
``(i) a full funding grant agreement will be entered into for the project;
and
``(ii) the terms of the early systems work agreement will promote ultimate
completion of the project more rapidly and at less cost.
The early systems work agreement shall obligate an amount of available
budget authority specified in law and shall provide for reimbursement of
preliminary costs of project implementation, including land acquisition,
timely procurement of system elements for which specifications are determined,
and other activities that the Secretary determines to be appropriate to
facilitate efficient, longterm project management. An early systems work
agreement shall cover such period of time as the Secretary deems appropriate,
which period may extend beyond the period of current authorization. The
interest and other financing costs of carrying out the early systems work
agreement efficiently and within a reasonable period of time shall be considered
as a cost of carrying out the agreement; except that eligible costs shall
not be greater than the costs of the most favorable financing terms reasonably
available for the project at the time of borrowing. The applicant shall
certify, in a form satisfactory to the Secretary, that the applicant has
shown due diligence in seeking the most favorable financing terms. If an
applicant fails to implement the project for reasons within the applicant's
control, the applicant shall repay all Federal payments made under the
early systems work agreement plus such reasonable interest and penalty
charges as the Secretary may establish in the agreement.'';
(4) by inserting ``(E)'' before ``The total estimated'' and aligning
subparagraph (E) with subparagraph (D);
(5) in the sentence that begins ``The total estimated''-
(A) by inserting ``, and contingent commitments to incur obligations,''
after ``Federal obligations'';
(B) by inserting ``, early systems work agreements, and full funding
grant agreements,'' after ``all outstanding letters of intent,''; and
(C) by inserting ``or 50 percent of the uncommitted cash balance remaining
in the Mass Transit Account of the Highway Trust Fund, including amounts
received from taxes and interest earned in excess of amounts that have
been previously obligated, whichever is greater'' after ``section 3 of
this Act''; and
(6) in the sentence that begins ``The total amount covered'', by inserting
``and contingent commitments included in early systems work agreements
and full funding grant agreements'' after ``by new letters issued,''.
SEC. 3008. FIXED GUIDEWAY MODERNIZATION.
Section 3 is amended by striking subsection (h) and inserting the following
new subsection:
``(h) Fixed Guideway Modernization Apportionments.-The Secretary shall
apportion the sums made available for fixed guideway modernization under
this section for each of fiscal years 1992, 1993, 1994, 1995, 1996, and
1997 as follows:
``(1) The first $455,000,000 made available shall be apportioned for
expenditure in the following urbanized areas according to the following
percentages:
``(A) Baltimore, 1.84 percent.
``(B) Boston, 8.56 percent.
``(C) Chicago/Northwestern Indiana, 17.18 percent.
``(D) Cleveland, 2.09 percent.
``(E) New York, 35.57 percent.
``(F) Northeastern New Jersey, 9.04 percent.
``(G) Philadelphia/Southern New Jersey, 12.41 percent.
``(H) San Francisco, 7.21 percent.
``(I) Southwestern Connecticut, 6.10 percent.
``(2) The next $42,700,000 made available shall be apportioned for expenditure
in the following urbanized areas according to the following percentages:
``(A) New York, 33.2341 percent.
``(B) Northeastern New Jersey, 22.1842 percent.
``(C) Philadelphia and~~~ Southern New~~~ Jersey,~~~ 5.7594 _percent.
``(D) San Francisco, 2.7730 percent.
``(E) Pittsburgh, 31.9964 percent.
``(F) New Orleans, 4.0529 percent.
``(3) The next $70,000,000 made available shall be apportioned for expenditure-
``(A) 50 percent in the urbanized areas listed in paragraphs (1) and
(2) according to the apportionment formula contained in section 9(b)(2);
and
``(B) 50 percent in other urbanized areas eligible for assistance under
section 9(b)(2) of this Act which contain a fixed guideway system placed
in revenue service not less than 7 years prior to the fiscal year in which
funds are made available and in other urbanized areas which before the
first day of the fiscal year demonstrate to the satisfaction of the Secretary
that the urbanized area has modernization needs which cannot be adequately
met with amounts received under section 9(b)(2) according to the apportionment
formula contained in such section.
``(4) Any remaining amounts made available in a fiscal year shall be
apportioned for expenditure in each urbanized area eligible for assistance
under paragraphs (1), (2), and (3) in accordance with the apportionment
formula contained in section 9(b)(2).
``(5) In any fiscal year in which the full amounts authorized under
paragraphs (1) and (2) are not made available, the Secretary shall reduce
on a pro rata basis the apportionments of all urbanized areas eligible
under either paragraph to adjust for the shortfall.
``(6) Notwithstanding any other provision of law, rail modernization
funds allocated to the New Jersey Transit Corporation under this paragraph
may be spent in any urbanized area in which the New Jersey Transit Corporation
operates rail service regardless of the urbanized area which generates
the funding.''.
SEC. 3009. BUS TESTING.
Section 3 is amended by adding at the end the following new subsection:
``(m) Bus Testing.-Of the amounts made available for replacement, rehabilitation,
and purchase of buses and related equipment and the construction of bus
related facilities by subsection (k)(1)(C), the Secretary shall make available
$1,500,000 in fiscal year 1992, $2,000,000 in fiscal year 1993, the lesser
of $2,000,000 or an amount the Secretary determines to be necessary per
fiscal year in each of fiscal years 1994, 1995, and 1996, and the lesser
of $3,000,000 or an amount the Secretary determines to be necessary in
fiscal year 1997. Such amounts shall be available to the Secretary to pay
80 percent of the cost of testing a vehicle at the facility established
under section 317 of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (49 U.S.C. App. 1608). The Secretary shall make
such payments by contract with the operator of the facility. The remaining
20 percent of the cost of testing a vehicle shall be paid to the operator
of the facility by the entity having the vehicle tested.''.
SEC. 3010. CRITERIA FOR NEW STARTS.
Section 3(i) is amended to read as follows:
``(i) New Start Criteria.-
``(1) Determinations.-A grant or loan for construction of a new fixed
guideway system or extension of any fixed guideway system may not be made
under this section unless the Secretary determines that the proposed project-
``(A) is based on the results of an alternatives analysis and preliminary
engineering;
``(B) is justified based on a comprehensive review of its mobility improvements,
environmental benefits, cost effectiveness, and operating efficiencies;
and
``(C) is supported by an acceptable degree of local financial commitment,
including evidence of stable and dependable funding sources to construct,
maintain, and operate the system or extension.
``(2) Considerations.-In making determinations under this subsection,
the Secretary-
``(A) shall consider the direct and indirect costs of relevant alternatives;
``(B) shall account for costs related to such factors as congestion
relief, improved mobility, air pollution, noise pollution, congestion,
energy consumption, and all associated ancillary and mitigation costs necessary
to implement each alternative analyzed; and
``(C) shall identify and consider transit supportive existing land use
policies and future patterns, and consider other factors including the
degree to which the project increases the mobility of the transit dependent
population or promotes economic development, and other factors that the
Secretary deems appropriate to carry out the purposes of this Act.
``(3) Guidelines.-
``(A) In general.-The Secretary shall issue guidelines that set forth
the means by which the Secretary shall evaluate results of alternatives
analysis, project justification, and degree of local financial commitment
for the purposes of paragraph (1).
``(B) Project justification.-Project justification criteria shall be
adjusted to reflect differences in local land costs, construction costs,
and operating costs.
``(C) Financial commitment.-The degree of local financial commitment
shall be considered acceptable only if-
``(i) the proposed project plan provides for the availability of contingency
funds that the Secretary determines to be reasonable to cover unanticipated
cost overruns;
``(ii) each proposed local source of capital and operating funding is
stable, reliable, and available within the proposed project timetable;
and
``(iii) local resources are available to operate the overall proposed
transit system (including essential feeder bus and other services necessary
to achieve the projected ridership levels) without requiring a reduction
in existing transit services in order to operate the proposed project.
``(D) Stability assessment.-In assessing the stability, reliability,
and availability of proposed sources of local funding, the Secretary shall
consider-
``(i) existing grant commitments;
``(ii) the degree to which funding sources are dedicated to the purposes
proposed; and
``(iii) any debt obligations which exist or are proposed by the recipient
for the proposed project or other transit purposes.
``(4) Project advancement.-No project shall be advanced from alternatives
analysis to preliminary engineering unless the Secretary finds that the
proposed project meets the requirements of this section and there is a
reasonable chance that the project will continue to meet these requirements
at the conclusion of preliminary engineering.
``(5) Exceptions.-
``(A) In general.-A new fixed guideway system or extension shall not
be subject to the requirements of this subsection and the simultaneous
evaluation of such projects in more than one corridor in a metropolitan
area shall not be limited if (i) the project is located within an extreme
or severe nonattainment area and is a transportation control measure, as
defined by the Clean Air Act, that is required to carry out an approved
State Implementation Plan, or (ii) assistance provided under this section
accounts for less than $25,000,000 or less than \1/3\ of the total cost
of the project or an appropriate program of projects as determined by the
Secretary.
``(B) Expedited procedures.-In the case of a project that is (i) located
within a nonattainment area that is not an extreme or severe nonattainment
area, (ii) a transportation control measure, as defined in the Clean Air
Act, and (iii) required to carry out an approved State Implementation Plan,
the simultaneous evaluation of projects in more than one corridor in a
metropolitan area shall not be limited and the Secretary shall make determinations
under this subsection with expedited procedures that will promote timely
implementation of the State Implementation Plan.
``(C) Exclusion for certain projects.-That portion of a project (including
any commuter rail service project on an existing rightofway) financed entirely
with highway funds made available under the FederalAid Highway Act of 1991
shall not be subject to the requirements of this subsection.
``(6) Project implementation.-A project funded pursuant to this subsection
shall be implemented by means of a full funding grant agreement.''.
SEC. 3011. ASSURED TIMETABLE FOR PROJECT REVIEW.
(a) In General.-Section 3(a) is amended by striking paragraph (6) and
inserting the following new paragraphs:
``(6) Assured timetable for projects in alternatives analysis, preliminary
engineering, or final design stages.-
``(A) Alternatives analysis stage.-For any new fixed guideway project
that the Secretary permits to advance into the alternatives analysis stage
of project review, the Secretary shall cooperate with the applicant in
alternatives analysis and in preparation of a draft environmental impact
statement, and shall approve the draft environmental impact statement for
circulation not later than 45 days after the date on which such draft is
submitted to the Secretary by the applicant.
``(B) Preliminary engineering stage.-Following circulation of the draft
environmental impact statement and not later than 30 days after selection
by the applicant of a locally preferred alternative, the Secretary shall
permit the project to advance to the preliminary engineering phase if the
Secretary finds the project is consistent with the criteria set forth in
subsection (i).
``(C) Final design stage.-The Secretary shall issue a record of decision
and permit a project to advance to the final design stage of construction
not later than 120 days after the date of completion of the final environmental
impact statement for such project.
``(D) Full funding grant agreement.-The Secretary shall negotiate and
enter into a full funding grant agreement for a project not later than
120 days after the date on which such project has entered the final design
stage of construction. Such full funding grant agreement shall provide
for a Federal share of the cost of construction that is not less than the
Federal share estimated in the Secretary's most recent report required
under section 3(j) or an update thereof unless otherwise requested by an
applicant.
``(7) Permitted delays in project review.-
``(A) In general.-Advancement of a project under the timetables specified
under paragraph (6) shall be delayed only-
``(i) for such period of time as the applicant, solely at the applicant's
discretion, may request; or
``(ii) during such period of time as the Secretary finds, after reasonable
notice and opportunity for comment, that the applicant has failed, for
reasons solely attributable to the applicant, to comply substantially with
requirements of this Act with respect to the project.
``(B) Explanation of delay.-Not more than 10 days after imposing any
delay under subparagraph (A)(ii), the Secretary shall provide the applicant
with a written statement that (i) explains the reasons for such delay,
and (ii) describes all steps which the applicant must take to end the period
of delay.
``(C) Reports.-The Secretary shall report, not less frequently than
once every 6 months, to the Committee on Public Works and Transportation
of the House of Representatives and the Committee on Banking, Housing and
Urban Affairs of the Senate in any case in which the Secretary-
``(i) fails to meet a deadline established by paragraph (6); or
``(ii) delays the application of a deadline under subparagraph (A)(ii).
Such report shall explain the reasons for the delay and include a plan
for achieving timely completion of the Secretary's review of the project.
``(8) Treatment of programs of interrelated projects.-
``(A) Full funding grant agreement.-In accordance with the timetables
established by paragraph (6) or as otherwise provided by law, the Secretary
shall enter into 1 or more full funding grant agreements for each program
of interrelated projects described in subparagraph (C). Such full funding
grant agreements shall include commitments to advance each of the applicant's
program elements (in the program of interrelated projects) through the
appropriate stages of project review in accordance with the timetables
established by paragraph (6) or as otherwise provided for a project by
law, and to provide Federal funding for each such program element. Such
full funding grant agreements may also be amended, if appropriate, to include
design and construction of particular program elements. Inclusion of a
nonfederally funded program element in a program of interrelated projects
shall not be construed as imposing Federal requirements which would not
otherwise apply to such program element.
``(B) Considerations.-When reviewing any project in a program of interrelated
projects, the Secretary shall consider the local financial commitment,
transportation effectiveness, and other assessment factors of all program
elements to the extent that such consideration expedites project implementation.
``(C) Programs of interrelated projects.-For the purposes of this paragraph,
programs of interrelated projects shall include the following:
``(i) The New Jersey Urban Core Project as defined by the Federal Transit
Act Amendments of 1991.
``(ii) The San Francisco Bay Area Rail Extension Program, which consists
of not less than the following elements: an extension of the San Francisco
Bay Area Rapid Transit District to the San Francisco International Airport
(Phase 1a to Colma and Phase 1b to San Francisco Airport), the Santa Clara
County Transit District Tasman Corridor Project, and any other program
element designated by any modification to Metropolitan Transportation Commission
Resolution No. 1876, as well as program elements financed entirely with
nonFederal funds, including the BART Warm Springs Extension, Dublin Extension,
and West Pittsburg Extension.
``(iii) The Los Angeles Metro Rail Minimum Operable Segment3 Program,
which consists of 7 stations and approximately 11.6 miles of heavy rail
subway on the following lines:
``(I) 1 line running west and northwest from the Hollywood/Vine station
to the North Hollywood station, with 2 intermediate stations;
``(II) 1 line running west from the Wilshire/Western station to the
Pico/San Vicente station, with 1 intermediate station; and
``(III) the East Side Extension, consisting of an initial line of approximately
3 miles in length, with at least 2 stations, beginning at Union Station
and running generally east.
``(iv) The BaltimoreWashington Transportation Improvements Program,
which consists of the following elements: 3 extensions of the Baltimore
Light Rail to Hunt Valley, Penn Station and BaltimoreWashington Airport;
MARC extensions to Frederick and Waldorf, Maryland; and an extension of
the Washington Subway system to Largo, Maryland.
``(v) The TriCounty Metropolitan Transportation District of Oregon Westside
Light Rail Program, which consists of the following elements: the locally
preferred alternative for the Westside Light Rail Project, including system
related costs, set forth in Public Law 101m516 and as defined in House
Report 101m584; and the Hillsboro extension to the Westside Light Rail
Project as set forth in Public Law 101m516.
``(vi) The Queens Local/Express Connector Program which consists of
the following elements: the locally preferred alternative for the connection
of the 63rd Street tunnel extension to the Queens Boulevard lines; the
bellmouth portion of the connector which would allow for future access
by both commuter rail trains and other subway lines to the 63rd Street
tunnel extension; planning elements for connecting both upper and lower
level to commuter and subway lines in Long Island City; and planning elements
for providing a connector for commuter rail service to the East side of
Manhattan and subway lines to the proposed Second Avenue subway.
``(vii) The Dallas Area Rapid Transit Authority light rail elements
of the New System Plan, which consists of the following elements: the locally
preferred alternative for the South Oak Cliff corridor; the South Oak Cliff
corridor extensionCamp Wisdom; the West Oak Cliff corridorWestmoreland;
the North Central corridorPark Lane; the North Central corridorRichardson,
Plano and Garland extensions; the Pleasant Grove corridorBuckner; and the
Carrollton corridorFarmers Branch and Las Colinas terminal.
``(viii) Such other programs as may be designated in law or by the Secretary.''.
(b) Transitional Provision.-In the case of a project (including programs
of interrelated projects) that, as of the date of enactment of this Act,
has reached a particular stage of project review under section 3(a)(6)
of the Federal Transit Act, the timetables applicable to subsequent stages
of project review contained in such section shall take effect on the date
of enactment of this Act.
SEC. 3012. METROPOLITAN PLANNING.
The Act is amended by striking section 8 and inserting the following
new section:
``SEC. 8. METROPOLITAN PLANNING.
``(a) General Requirements.-It is in the national interest to encourage
and promote the development of transportation systems embracing various
modes of transportation in a manner which will efficiently maximize mobility
of people and goods within and through urbanized areas and minimize transportationrelated
fuel consumption and air pollution. To accomplish this objective, metropolitan
planning organizations, in cooperation with the State, shall develop transportation
plans and programs for urbanized areas of the State. Such plans and programs
shall provide for the development of transportation facilities (including
pedestrian walkways and bicycle transportation facilities) which will function
as an intermodal transportation system for the State, the metropolitan
areas, and the Nation. The process for developing such plans and programs
shall provide for consideration of all modes of transportation and shall
be continuing, cooperative, and comprehensive to the degree appropriate,
based on the complexity of the transportation _problems.
``(b) Designation of Metropolitan Planning Organizations.-
``(1) In general.-To carry out the transportation planning process required
by this section, a metropolitan planning organization shall be designated
for each urbanized area of more than 50,000 population by agreement among
the Governor and units of general purpose local government which together
represent at least 75 percent of the affected population (including the
central city or cities as defined by the Bureau of the Census) or in accordance
with procedures established by applicable State or local law.
``(2) Membership of certain mpo's.-In a metropolitan area designated
as a transportation management area, the metropolitan planning organization
designated for such area shall include local elected officials, officials
of agencies which administer or operate major modes of transportation in
the metropolitan area (including all transportation agencies included in
the metropolitan planning organization on June 1, 1991) and appropriate
State officials. This paragraph shall only apply to a metropolitan planning
organization which is redesignated after the date of the enactment of this
section.
``(3) Limitation on statutory construction.-Nothing in this subsection
shall be construed to interfere with the authority, under any State law
in effect on the date of the enactment of this section, of a public agency
with multimodal transportation responsibilities to-
``(A) develop plans and programs for adoption by a metropolitan planning
organization; and
``(B) develop longrange capital plans, coordinate transit services and
projects, and carry out other activities pursuant to State law.
``(4) Continuing designation.-Designations of metropolitan planning
organizations, whether made under this section or other provisions of law,
shall remain in effect until redesignated under paragraph (5) or revoked
by agreement among the Governor and units of general purpose local government
which together represent at least 75 percent of the affected population
or as otherwise provided under State or local procedures.
``(5) Redesignation.-
``(A) Procedures.-A metropolitan planning organization may be redesignated
by agreement among the Governor and units of general purpose local government
which together represent at least 75 percent of the affected population
(including the central city or cities as defined by the Bureau of the Census)
as appropriate to carry out this section.
``(B) Certain requests to redesignate.-A metropolitan planning organization
shall be redesignated upon request of a unit or units of general purpose
local government representing at least 25 percent of the affected population
(including the central city or cities as defined by the Bureau of the Census)
in any urbanized area (i) whose population is more than 5,000,000 but less
than 10,000,000, or (ii) which is an extreme nonattainment area for ozone
or carbon monoxide as defined under the Clean Air Act. Such redesignation
shall be accomplished using procedures established by subparagraph (A).
``(6) Treatment of large urban areas.-More than 1 metropolitan planning
organization may be designated within an urbanized area as defined by the
Bureau of the Census only if the Governor determines that the size and
complexity of the urbanized area make designation of more than 1 metropolitan
planning organization for such area appropriate.
``(c) Metropolitan Area Boundaries.-For the purposes of this section,
the boundaries of a metropolitan area shall be determined by agreement
between the metropolitan planning organization and the Governor. Each metropolitan
area shall cover at least the existing urbanized area and the contiguous
area expected to become urbanized within the 20year forecast period and
may encompass the entire Metropolitan Statistical Area or Consolidated
Metropolitan Statistical Area, as defined by the Bureau of the Census.
For areas designated as nonattainment areas for ozone or carbon monoxide
under the Clean Air Act, the boundaries of the metropolitan area shall
at least include the boundaries of the nonattainment area, except as otherwise
provided by agreement between the metropolitan planning organization and
the Governor.
``(d) Coordination in MultiState Areas.-
``(1) In general.-The Secretary shall establish such requirements as
~~~the ~~~Secretary ~~~considers ~~~appropriate ~~~to ~~~encourage _Governors
and metropolitan planning organizations with responsibility for a portion
of a multiState metropolitan area to provide coordinated transportation
planning for the entire metropolitan area.
``(2) Compacts.-The consent of Congress is hereby given to any 2 or
more States to enter into agreements or compacts, not in conflict with
any law of the United States, for cooperative efforts and mutual assistance
in support of activities authorized under this section as such activities
pertain to interstate areas and localities within such States and to establish
such agencies, joint or otherwise, as such States may deem desirable for
making such agreements and compacts effective.
``(e) Coordination of MPO's.-If more than 1 metropolitan planning organization
has authority within a metropolitan area or an area which is designated
as a nonattainment area for ozone or carbon monoxide under the Clean Air
Act, each metropolitan planning organization shall consult with the other
metropolitan planning organizations designated for such area and the State
in the coordination of plans and programs required by this section.
``(f) Factors To Be Considered.-In developing transportation plans and
programs pursuant to this section, each metropolitan planning organization
shall, at a minimum, consider the following:
``(1) Preservation of existing transportation facilities and, where
practical, ways to meet transportation needs by using existing transportation
facilities more efficiently.
``(2) The consistency of transportation planning with applicable Federal,
State, and local energy conservation programs, goals, and objectives.
``(3) The need to relieve congestion and prevent congestion from occurring
where it does not yet occur.
``(4) The likely effect of transportation policy decisions on land use
and development and the consistency of transportation plans and programs
with the provisions of all applicable short and longterm land use and development
plans.
``(5) The programming of expenditure on transportation enhancement activities
as required in section 133.
``(6) The effects of all transportation projects to be undertaken within
the metropolitan area, without regard to whether such projects are publicly
funded.
``(7) International border crossings and access to ports, airports,
intermodal transportation facilities, major freight distribution routes,
national parks, recreation areas, monuments and historic sites, and military
installations.
``(8) The need for connectivity of roads within the metropolitan area
with roads outside the metropolitan area.
``(9) The transportation needs identified through use of the management
systems required by section 303 of this title.
``(10) Preservation of rightsofway for construction of future transportation
projects, including identification of unused rightsofway which may be needed
for future transportation corridors and identification of those corridors
for which action is most needed to prevent destruction or loss.
``(11) Methods to enhance the efficient movement of freight.
``(12) The use of lifecycle costs in the design and engineering of bridges,
tunnels, or pavement.
``(13) The overall social, economic, energy, and environmental effects
of transportation decisions.
``(14) Methods to expand and enhance transit services and to increase
the use of such services.
``(15) Capital investments that would result in increased security in
transit systems.
``(g) Development of Long Range Plan.-
``(1) In general.-Each metropolitan planning organization shall prepare,
and update periodically, according to a schedule that the Secretary determines
to be appropriate, a long range plan for its metropolitan area in accordance
with the requirements of this subsection.
``(2) Long range plan.-A long range plan under this section shall be
in a form that the Secretary determines to be appropriate and shall, at
a minimum:
``(A) Identify transportation facilities (including but not necessarily
limited to major roadways, transit, and multimodal and intermodal facilities)
that should function as an integrated metropolitan transportation system,
giving emphasis to those facilities that serve important national and regional
transportation functions. In formulating the long range plan, the metropolitan
planning organization shall consider factors described in subsection (f)
as such factors relate to a 20year forecast period.
``(B) Include a financial plan that demonstrates how the longrange plan
can be implemented, indicates resources from public and private sources
that are reasonably expected to be made available to carry out the plan,
and recommends any innovative financing techniques to finance needed projects
and programs, including such techniques as value capture, tolls and congestion
pricing.
``(C) Assess ~~~capital ~~~investment ~~~and ~~~other ~~~measures _necessary
to-
``(i) ensure the preservation of the existing metro_politan transportation
system, including requirements for operational improvements, resurfacing,
restoration, and rehabilitation of existing and future major roadways,
as well as operations, maintenance, modernization, and rehabilitation of
existing and future transit facilities; and
``(ii) make the most efficient use of existing transportation facilities
to relieve vehicular congestion and maximize the mobility of people and
goods.
``(D) Indicate as appropriate proposed transportation enhancement activities.
``(3) Coordination with clean air act agencies.-In metropolitan areas
which are in nonattainment for ozone or carbon monoxide under the Clean
Air Act, the metropolitan planning organization shall coordinate the development
of a long range plan with the process for development of the transportation
control measures of the State Implementation Plan required by the Clean
Air Act.
``(4) Participation by interested parties.-Before approving a long range
plan, each metropolitan planning organization shall provide citizens, affected
public agencies, representatives of transportation agency employees, private
providers of transportation, and other interested parties with a reasonable
opportunity to comment on the long range plan, in a manner that the Secretary
deems appropriate.
``(5) Publication of long range plan.-Each long range plan prepared
by a metropolitan planning organization shall be-
``(i) published or otherwise made readily available for public review;
and
``(ii) submitted for information purposes to the Governor at such times
and in such manner as the Secretary shall establish.
``(h) Transportation Improvement Program.-
``(1) Development.-The metropolitan planning organization designated
for a metropolitan area, in cooperation with the State and affected transit
operators, shall develop a transportation improvement program for the area
for which such organization is designated. In developing the program, the
metropolitan planning organization shall provide citizens, affected public
agencies, representatives of transportation agency employees, other affected
employee representatives, private providers of transportation, and other
interested parties with a reasonable opportunity to comment on the proposed
program. The program shall be updated at least once every 2 years and shall
be approved by the metropolitan planning organization and the Governor.
``(2) Priority of projects.-The transportation improvement program shall
include the following:
``(A) A priority list of projects and project segments to be carried
out within each 3year period after the initial adoption of the transportation
improvement program.
``(B) A financial plan that demonstrates how the transportation improvement
program can be implemented, indicates resources from public and private
sources that are reasonably expected to be made available to carry out
the plan, and recommends any innovative financing techniques to finance
needed projects and programs, including value capture, tolls, and congestion
pricing.
``(3) Selection of projects.-Except as otherwise provided in subsection
(i)(4), project selection in metropolitan areas for projects involving
Federal participation shall be carried out by the State in cooperation
with the metropolitan planning organization and shall be in conformance
with the transportation improvement program for the area.
``(4) Major capital investments.-Not later than 6 months after the date
of enactment of this section, the Secretary shall initiate a rulemaking
proceeding to conform review requirements for transit projects under the
National Environmental Policy Act of 1969 to comparable requirements under
such Act applicable to highway projects. Nothing in this section shall
be construed to affect the applicability of such Act to transit or highway
projects.
``(5) Included projects.-A transportation improvement program for a
metropolitan area developed under this subsection shall include projects
within the area which are proposed for funding under this title and the
Federal Transit Act and which are consistent with the long range plan developed
under subsection (g) for the area. The program shall include a project,
or an identified phase of a project, only if full funding can reasonably
be anticipated to be available for the project within the time period contemplated
for completion of the project.
``(6) Notice and comment.-Before approving a transportation improvement
program, a metropolitan planning organization shall provide citizens, affected
public agencies, representatives of transportation agency employees, private
providers of transportation, and other interested parties with reasonable
notice of and an opportunity to comment on the proposed program.
``(i) Transportation Management Areas.-
``(1) Designation.-The Secretary shall designate as transportation management
areas all urbanized areas over 200,000 population. The Secretary shall
designate any additional area as a transportation management area upon
the request of the Governor and the metropolitan planning organization
designated for such area or the affected local officials. Such additional
areas shall include upon such a request the Lake Tahoe Basin as defined
by Public Law 96m551.
``(2) Transportation plans and programs.-Within a transportation management
area, transportation plans and programs shall be based on a continuing
and comprehensive transportation planning process carried out by the metropolitan
planning organization in cooperation with the State and transit operators.
``(3) Congestion management system.-Within a transportation management
area, the transportation planning process under this section shall include
a congestion management system that provides for effective management of
new and existing transportation facilities eligible for funding under this
title and the Federal Transit Act through the use of travel demand reduction
and operational management strategies. The Secretary shall establish an
appropriate phasein schedule for compliance with the requirements of this
section.
``(4) Selection of projects.-All projects carried out within the boundaries
of a transportation management area with Federal participation pursuant
to this title (excluding projects undertaken on the National Highway System
and pursuant to the Bridge and Interstate Maintenance programs) or pursuant
to the Federal Transit Act shall be selected by the metropolitan planning
organization designated for such area in consultation with the State and
in conformance with the transportation improvement program for such area
and priorities established therein. Projects undertaken within the boundaries
of a transportation management area on the National Highway System or pursuant
to the Bridge and Interstate Maintenance programs shall be selected by
the State in cooperation with the metropolitan planning organization designated
for such area and shall be in conformance with the transportation improvement
program for such area.
``(5) Certification.-The Secretary shall assure that each metropolitan
planning organization in each transportation management area is carrying
out its responsibilities under applicable provisions of Federal law, and
shall so certify at least once every 3 years. The Secretary may make such
certification only if (1) a metropolitan planning organization is complying
with the requirements of section 134 and other applicable requirements
of Federal law, and (2) there is a transportation improvement program for
the area that has been approved by the metropolitan planning organization
and the Governor. If after September 30, 1993, a metropolitan planning
organization is not certified by the Secretary, the Secretary may withhold,
in whole or in part, the apportionment under section 104(b)(3) attributed
to the relevant metropolitan area pursuant to section 133(d)(3) and capital
funds apportioned under the formula program under section 9 of the Federal
Transit Act. If a metropolitan planning organization remains uncertified
for more than 2 consecutive years after September 30, 1994, 20 percent
of the apportionment attributed to that metropolitan area under section
133(d)(3) and capital funds apportioned under the formula program under
section 9 of the Federal Transit Act shall be withheld. The withheld apportionments
shall be restored to the metropolitan area at such time as the metropolitan
planning organization is certified by the Secretary. The Secretary shall
not withhold certification under this section based upon the policies and
criteria established by a metropolitan planning organization or transit
grant recipient for determining the feasibility of private enterprise participation
in accordance with section 8(o) of the Federal Transit Act.
``(j) Abbreviated Plans and Programs for Certain Areas.-For metropolitan
areas not designated as transportation management areas under this section,
the Secretary may provide for the development of abbreviated metropolitan
transportation plans and programs that the Secretary determines to be appropriate
to achieve the purposes of this section, taking into account the complexity
of transportation ~~~problems, ~~~including ~~~transportation ~~~related
~~~air _quality problems, in such areas. In no event shall the Secretary
provide abbreviated plans or programs for metropolitan areas which are
in nonattainment for ozone or carbon monoxide under the Clean Air Act.
``(k) Transfer of Funds.-Funds made available for a transit project
under title 23, United States Code, shall be transferred to and administered
by the Secretary in accordance with the requirements of this Act. Funds
made available for a highway project under this Act shall be transferred
to and administered by the Secretary in accordance with the requirements
of title 23, United States Code.
``(l) Additional Requirements for Certain Nonattainment Areas.-Notwithstanding
any other provisions of this Act or title 23, United States Code, for transportation
management areas classified as nonattainment for ozone or carbon monoxide
pursuant to the Clean Air Act, Federal funds may not be programmed in such
area for any transit project that will result in a significant increase
in carrying capacity for single occupant vehicles unless the project is
part of an approved congestion management system.
``(m) Limitation on Statutory Construction.-Nothing in this section
shall be construed-
``(1) to confer on a metropolitan planning organization the authority
to impose legal requirements on any transportation facility, provider,
or project not eligible under this title or the Federal Transit Act; or
``(2) to intervene in the management of a transportation agency.
``(n) Grants.-
``(1) Eligibility.-The Secretary is authorized to contract for and make
grants to States and local public bodies and agencies thereof, or enter
into agreements with other Federal departments and agencies, for the planning,
engineering, design, and evaluation of public transportation projects,
and for other _technical studies. Activities assisted under this section
may _include-
``(A) studies relating to management, operations, capital requirements,
and economic feasibility;
``(B) evaluation of previously funded projects; and
``(C) other similar or related activities preliminary to and in preparation
for the construction, acquisition, or improved operation of facilities
and equipment.
``(2) Criteria.-A grant, contract, or working agreement under this section
shall be made in accordance with criteria established by the Secretary.
``(o) Private Enterprise.-The plans and programs required by this section
shall encourage to the maximum extent feasible the participation of private
enterprise. Where facilities and equipment are to be acquired which are
already being used in service in the urban areas, the program must provide
that they shall be so improved (through modernization, extension, addition,
or otherwise) that they will better serve the transportation needs of the
area.
``(p) Use for Comprehensive Planning.-
``(1) In general.-The Secretary shall ensure, to the extent practicable,
that amounts made available under section 21(c)(1) for the purposes of
this section are used to support balanced and comprehensive transportation
planning that takes into account the relationships among land use and all
transportation modes, without regard to the programmatic source of the
planning funds.
``(2) Formula allocation to all metropolitan areas.-The Secretary shall
apportion 80 percent of the amount made available under section 21(c)(1)
to States in the ratio that the population in urbanized areas, in each
State, bears to the total population in urbanized areas, in all the States
as shown by the latest available decennial census, except that no State
shall receive less than \1/2\ of 1 percent of the amount apportioned under
this paragraph. Such funds shall be allocated to metropolitan planning
organizations designated under section 8 by a formula, developed by the
State in cooperation with metropolitan planning organizations and approved
by the Secretary, that considers population in urbanized areas and provides
an appropriate distribution for urbanized areas to carry out the cooperative
processes described in section 8 of this Act. The State shall make such
funds available promptly to eligible metropolitan planning organizations
according to procedures approved by the Secretary.
``(3) Supplemental allocation.-The Secretary shall apportion 20 percent
of the amounts made available under section 21(c)(1) to States to supplement
allocations under subparagraph (B) for metropolitan planning organizations.
Such funds shall be allocated according to a formula that reflects the
additional costs of carrying out planning, programming, and project selection
responsibilities under this section in such areas.
``(4) Hold harmless.-The Secretary shall ensure, to the maximum extent
practicable, that no metropolitan planning organization is allocated less
than the amount it received by administrative formula under section 8 in
fiscal year 1991. To comply with the previous sentence, the Secretary is
authorized to make a pro rata reduction in other amounts made available
to carry out section 21(c).
``(5) Federal share payable.-The Federal share payable for activities
under this paragraph shall be 80 percent except where the Secretary determines
that it is in the Federal interest not to require a State or local match.''.
SEC. 3013. BLOCK GRANT PROGRAM.
(a) Allocations.-Section 9(a) is amended-
(1) in paragraph (1), by striking ``Of the amount'' and all that follows
through the period and inserting the following: ``Of the amounts made available
or appropriated under section 21(g), 9.32 percent shall be available for
expenditure under this section in each fiscal year only in urbanized areas
with a population of less than 200,000.''; and
(2) in paragraph (2), by striking ``Of the amount'' and all that follows
through the period and inserting the following: ``Of the amounts made available
or appropriated under section 21(g), 90.68 percent shall be available for
expenditure under this section in each fiscal year only in urbanized areas
with a population of 200,000 or more.''.
(b) Energy and Operating Efficiencies.-Section 9(b) is _amended by adding
at the end the following new paragraph:
``(4) Energy and operating efficiencies.-If a recipient under this section
demonstrates to the satisfaction of the Secretary that energy or operating
efficiencies would be achieved by actions that reduce revenue vehicle miles
but provide the same frequency of revenue service to the same number of
riders, the recipient's apportionment under paragraph (2)(A) shall not
be reduced as a result of such actions.''.
(c) Extension of Safety Authority to Block Grant Program.-Section 9(e)(1)
is amended by striking ``and 19'' and inserting ``19, and 22''.
(d) Annual Submissions.-Section 9(e)(2) is amended by inserting after
the first sentence the following new sentences: ``Such certifications and
any additional certifications required by law to be submitted to the Secretary
may be consolidated into a single document to be submitted annually as
part of the grant application under this section. The Secretary shall annually
publish in conjunction with the publication required under subsection (q)
a list of all certifications required under this Act.''.
(e) Streamlined Procedures.-Section 9(e) is amended by adding at the
end the following new paragraph:
``(6) Streamlined administrative procedures.-The Secretary shall establish
streamlined administrative procedures to govern compliance with the certification
requirement under paragraph (3)(B) with respect to track and signal equipment
used in ongoing operations.''.
(f) Transit Security Systems.-Section 9(e)(3) is amended-
(1) in subparagraph (G) by striking ``; and'' and inserting a semicolon;
(2) in subparagraph (H) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(I)(i) will expend for each fiscal year not less than 1 percent of
the funds received by the recipient for each fiscal year under this section
for transit security projects; or
``(ii) that such expenditures for such security systems are not necessary.
For the purposes of subparagraph (I), transit security projects may
include increasing lighting within or adjacent to transit systems, including
bus stops, subway stations, parking lots, and garages; increasing camera
surveillance of areas within and adjacent to such systems; providing emergency
telephone lines to contact law enforcement or security personnel in areas
within or adjacent to such systems; and any other project intended to increase
the security and safety of existing or planned transit systems.''.
(g) Program of Projects.-Section 9(f) is amended-
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and inserting
``; and''; and
(3) by inserting after paragraph (4) the following:
``(5) assure that the proposed program of projects provides for the
coordination of transit services assisted under this section with transportation
services assisted from other Federal sources.''.
(h) Discretionary Transfer of Apportionment.-Section 9 is amended-
(1) in subsection (j)(1), by inserting after the first sentence the
following: ``In a transportation management area designated pursuant to
section 8, funds which cannot be used for payment of operating expenses
under this section also shall be available for highway projects if-
``(A) such use is approved by the metropolitan planning organization
in accordance with section 8 after appropriate notice and opportunity for
comment and appeal is provided to affected transit providers; and
``(B) in the determination of the Secretary, such funds are not needed
for investments required by the Americans with Disabilities Act of 1990.'';
and
(2) by adding at the end of subsection (j) the following new paragraph:
``(3) Funds under this section may be available for highway projects
under title 23, United States Code, only if funds used for the State or
local share of such highway projects are eligible to fund either highway
or transit projects.''.
(i) Inflation Adjustment for Operating Assistance.-Section 9(k)(2)(B)
is amended-
(1) by striking ``1988,'' and inserting ``1991,'';
(2) by striking ``of less than 200,000 population'' the first place
it appears; and
(3) by inserting after ``calendar year'' the following: ``; except that
such increase may not exceed the percentage increase of the funds made
available under section 21(g) in the current fiscal year and the funds
made available under section 21(g) in the previous fiscal year''.
(j) Ferry Routes.-Section 9 is amended by adding at the end the following
new subsections:
``(r) Ferry Services.-A vessel used in ferryboat operations funded under
this section that is part of a Stateoperated ferry system may occasionally
be operated outside of the urbanized area in which service is provided
to accommodate periodic maintenance if existing ferry service is not thereby
significantly reduced.
``(s) Grandfather of Certain Urbanized Areas.-Any area designated as
an urbanized area under the 1980 census which is not so designated under
the 1990 census-
``(1) for fiscal year 1992, shall be treated as an urbanized area for
purposes of section 12(c)(11) of the Federal Transit Act; and
``(2) for fiscal year 1993, shall be eligible to receive 50 percent
of the funds which the area would have received if the area were treated
as an urbanized area for purposes of such section 12(c)(11) and an amount
equal to 50 percent of the funds which the State in which the area is located
would have received if the area were treated as an area other than an urbanized
area.''.
(k) Adjustments of Apportionments.-Section 9 is amended by adding at
the end the following new subsection:
``(t) Adjustments of Apportionments.-Provided that sufficient funds~~
are~~~~ available,~~~~ in~~~~ each~~~~ fiscal~~~~ year~~~~ beginning~~~~
after~~~~ Septem_ber 30, 1991, the Secretary shall adjust apportionments
under this section between the Mass Transit Account of the Highway Trust
Fund and the general fund of the Treasury to assure that each recipient
receives from the general fund of the Treasury not less than the amount
of operating assistance made available each fiscal year under this section
that such recipient is eligible to receive.''.
SEC. 3014. CONTINUED ASSISTANCE FOR COMMUTER RAIL IN SOUTHERN FLORIDA
UNDER SECTION 9 PROGRAM.
Section 329 of the Surface Transportation and Uniform Relocation Assistance
Act of 1987 (49 U.S.C. 1607a) is amended-
(1) in the first sentence by striking ``in which major onsite'' and
all that follows before the period; and
(2) in the second sentence by striking ``provided as'' and all that
follows before the period.
SEC. 3015. REPEAL OF EXPIRED PROVISION.
Section 9A, relating to Mass Transit Account distribution for fiscal
year 1983, is repealed.
SEC. 3016. TRANSIT DEFINITION.
Section 12(c)(7) is amended-
(1) by striking ``term'' and inserting ``terms''; and
(2) by striking ``means'' and inserting ``and `transit' mean''.
SEC. 3017. RULEMAKING.
Section 12(i) is amended by adding at the end the following:
``(3) Limitation.-The Secretary shall propose or implement rules governing
activities under this Act only in accordance with this section except for
routine matters and matters with no significant impact.''.
SEC. 3018. TRANSFER OF FACILITIES AND EQUIPMENT.
Section 12 is amended by adding at the end the following new subsection:
``(k) Transfer of Capital Asset.-
``(1) Authorization.-If a recipient of assistance under this Act determines
that facilities and equipment and other assets (including land) acquired,
in whole or part, with such assistance are no longer needed for the purposes
for which they were acquired, the Secretary may authorize the transfer
of such assets to any public body to be used for any public purpose with
no further obligation to the Federal Government.
``(2) Determinations.-The Secretary may authorize a transfer under paragraph
(1) for any public purpose other than transit only if the Secretary first
determines-
``(A) that the asset being transferred will remain in public use for
not less than 5 years after the date of the transfer;
``(B) that there are no purposes eligible for assistance under this
Act for which the asset should be used;
``(C) the overall benefit of allowing the transfer outweighs the Federal
Government interest in liquidation and return of the Federal financial
interest in the asset, after consideration of fair market value and other
factors; and
``(D) that, in any case in which the asset is a facility or land, there
is no interest in acquiring the asset for Federal use.
The determination under subparagraph (D) shall be made through an appropriate
screening or survey process.
``(3) Documentation.-Determinations required by paragraph (2) shall
be made, in writing, and shall include the rationale for such determinations.
``(4) Relation to other provisions.-The provisions of this section shall
be in addition to and not in lieu of any other provision of law governing
use and disposition of facilities and equipment under an assistance agreement.''.
SEC. 3019. SPECIAL PROCUREMENT.
Section 12 is further amended by adding at the end the following:
``(l) Special Procurement Initiatives.-
``(1) Turnkey system procurements.-
``(A) In general.-In order to advance new technologies and lower the
cost of constructing new transit systems, the Secretary shall allow the
solicitation for a turnkey system project to be funded under this Act to
be conditionally awarded before Federal requirements have been met on the
project so long as the award is made without prejudice to the implementation
of those Federal requirements. Federal financial assistance under this
Act may be made available for such a project when the recipient has complied
with relevant Federal requirements.
``(B) Initial demonstration phase.-In order to develop regulations applying
generally to turnkey system projects, the Secretary is authorized to approve
not less than 2 projects for an initial demonstration phase. The results
of such demonstration projects (and any other projects currently using
this procurement method) shall be taken into consideration in the development
of the regulations implementing this subsection.
``(C) Turnkey system project defined.-As used in this subsection, the
term `turnkey system project' means a project under which a recipient contracts
with a consortium of firms, individual firms, or a vendor to build a transit
system that meets specific performance criteria and which is operated by
the vendor for a period of time.
``(2) Multiyear rolling stock procurements.-
``(A) In general.-A recipient procuring rolling stock with Federal financial
assistance under this Act may enter into a multiyear agreement for the
purchase of such rolling stock and replacement parts pursuant to which
the recipient may exercise an option to purchase additional rolling stock
or replacement parts for a period not to exceed 5 years from the date of
the original contract.
``(B) Consortia.-The Secretary shall permit 2 or more recipients to
form a consortium (or otherwise act on a cooperative basis) for purposes
of procuring rolling stock in accordance with this paragraph and other
Federal procurement requirements.
``(3) Efficient Procurement.-A recipient may award to other than the
lowest bidder in connection with a procurement under this Act when such
award furthers objectives which are consistent with purposes of this Act,
such as improved longterm operating efficiency and lower longterm costs.
Not later than 90 days after the date of the enactment of this Act, the
Secretary shall (A) make such modifications to current procedures as are
appropriate to make the policy set forth in this paragraph readily practicable
for all transit agencies, including smaller and medium sized agencies,
and (B) issue guidance clarifying and implementing such policy.''.
SEC. 3020. FEDERAL SHARE FOR ADA AND CLEAN AIR ACT COMPLIANCE.
Section 12 is further amended by inserting at the end the following
new subsection:
``(m) Federal Share for Certain Projects.-A Federal grant for a project
to be assisted under this Act that involves the acquisition of vehiclerelated
equipment required by the Clean Air Act or the Americans with Disabilities
Act of 1990 shall be 90 percent of the net project cost of such equipment
attributable to compliance with such Acts. The Secretary shall have discretion
to determine, through practicable administrative procedures, the costs
attributable to equipment specified in the preceding sentence.''.
SEC. 3021. TRANSIT SERVICES FOR ELDERLY AND DISABLED INDIVIDUALS.
Section 16 is amended-
(1) by striking ``elderly and handicapped persons'' each place it appears
and inserting ``elderly persons and persons with disabilities'';
(2) in subsection (b)(2) by inserting ``to the Governor of each State
for allocation'' before ``to private'';
(3) in subsection (b)(2) by inserting ``or to public bodies approved
by the State to coordinate services for elderly persons and persons with
disabilities or to public bodies which certify to the Governor that no
nonprofit corporations or associations are readily available in an area
to provide the service under this subsection'' after ``inappropriate'';
(4) by striking ``and'' at the end of subsection (b)(1), by striking
the period at the end of subsection (b)(2) and inserting ``; and'', and
by inserting after subsection (b)(2) the following:
``(3) eligible capital expenses under this section may include, at the
option of the recipient, the acquisition of transportation services under
a contract, lease, or other arrangement.'';
(5) by redesignating subsections (c) through (e) as subsections (d)
through (f), respectively;
(6) by inserting after subsection (b) the following:
``(c) Apportionment and Use of Funds.-
``(1) State program of projects.-Funds made available for purposes of
subsection (b) may be used for transportation projects to assist in the
provision of transportation services for elderly persons and persons with
disabilities which are included in a State program of projects. Such programs
shall be sub_mitted annually to the Secretary for approval and shall contain
an assurance that the program provides for maximum feasible coordination
of transportation services assisted under this section with transportation
services assisted by other Federal sources.
``(2) Apportionment.-Sums made available for expenditure for purposes
of subsection (b) shall be apportioned to the States on the basis of a
formula administered by the Secretary which shall take into consideration
the number of elderly persons and persons with disabilities in each State.
``(3) Transfer of amounts.-Any amounts of a State's apportionment under
this subsection that remain available for obligation at the beginning of
the 90day period before the expiration of the period of availability of
such amounts shall be available to the Governor for transfer to supplement
funds apportioned to the State under section 18(a) or section 9(d).
``(4) Leasing of vehicles.-The Secretary shall, not later than 60 days
following the enactment of the Federal Transit Act, issue regulations to
allow vehicles purchased under this section to be leased to local public
bodies and agencies for the purpose of improving transportation services
designed to meet the special needs of elderly persons and persons with
disabilities.''; and
(7) by striking subsection (f), as redesignated by this section, and
inserting the following:
``(f) Meal Delivery Service to Homebound Persons.-Transit service providers
receiving assistance under this section or section 18(a) may coordinate
and assist in providing meal delivery service for homebound persons on
a regular basis if the meal delivery services do not conflict with the
provision of transit services or result in a reduction of service to transit
passengers.''.
SEC. 3022. TRANSFER OF FACILITIES AND EQUIPMENT.
Section 18 is amended by striking subsection (g) and inserting the following:
``(g) Transfer of Facilities and Equipment.-A State may transfer facilities
and equipment acquired with assistance under this section or section 16(b)
to any recipient eligible to receive assistance under this Act with the
consent of the recipient currently in possession of such facilities or
equipment, if the facility or equipment will continue to be used in accordance
with the requirements of this section or section 16(b), as the case may
be.''.
SEC. 3023. INTERCITY BUS TRANSPORTATION.
Section 18 is further amended by adding at the end the following new
subsection:
``(i) Intercity Bus Transportation.-
``(1) Funding of program.-Subject to paragraph (2), a State shall expend
not less than 5 percent of the amounts made available to such State under
this section in fiscal year 1992, 10 percent of such amounts in fiscal
year 1993, and 15 percent of such amounts in fiscal year 1994 and each
fiscal year beginning thereafter to carry out a program for the development
and support of intercity bus transportation. Eligible activities under
such a program include planning and marketing for intercity bus transportation,
capital grants for intercity bus shelters, jointuse stops and depots, operating
grants through purchaseofservice agreements, userside subsidies and demonstration
projects, and coordination of rural connections between small transit operations
and intercity bus carriers.
``(2) Certification.-A State shall not be required to comply with paragraph
(1) in any fiscal year in which the Governor certifies to the Secretary
that the intercity bus service needs of the State are being adequately
met.
``(3) Special rule.-For fiscal year 1992, a State may meet the requirement
of paragraph (1) by expending to carry out the program described in paragraph
(1) at least 50 percent of the increase in the amount allocated to the
State under this section between fiscal year 1991 and fiscal year 1992.''.
SEC. 3024. USE OF POPULATION ESTIMATES.
Section 18(a) is amended in the second sentence by inserting after ``the
latest available Federal census'' the following: ``, the population estimate
prepared by the Secretary of Commerce following the 4th year after the
date of publication of such Federal census, or the population estimate
prepared by the Secretary of Commerce following the 8th year after such
date of publication, whichever is the most recent.''.
SEC. 3025. AUTHORIZATIONS.
Section 21 is amended to read as follows:
``SEC. 21. AUTHORIZATIONS.
``(a) Formula Grant Programs.-
``(1) From the trust fund.-There shall be available from the Mass Transit
Account of the Highway Trust Fund only to carry out sections 9B, 11(b),
12(a), 16(b), 18, 23, and 26 of this Act, $1,150,000,000 for fiscal year
1993, $1,190,000,000 for fiscal year 1994, $1,150,000,000 for fiscal year
1995, $1,110,000,000 for fiscal year 1996, and $1,920,000,000 for fiscal
year 1997, to remain available until expended.
``(2) From general funds.-In addition to the amounts specified in paragraph
(1), there are authorized to be appropriated to carry out sections 9, 11(b),
12(a), 16(b), 18, 23, and 26 of this Act, and substitute transit projects
under section 103(e)(4) of title 23, United States Code, $2,055,000,000
for fiscal year 1993, $1,885,000,000 for fiscal year 1994, $1,925,000,000
for fiscal year 1995, $1,965,000,000 for fiscal year 1996, and $2,430,000,000
for fiscal year 1997, to remain available until expended.
``(3) Fiscal year 1992.-There shall be available from the Mass Transit
Account of the Highway Trust Fund for fiscal year 1992, $409,710,000 to
carry out section 9B of this Act, to remain available until expended.
``(b) Section 3 Discretionary and Formula Grants.-
``(1) From the trust fund.-There shall be available from the Mass Transit
Account of the Highway Trust Fund only to carry out section 3 of this Act,
$1,725,000,000 for fiscal year 1993, $1,785,000,000 for fiscal year 1994,
$1,725,000,000 for fiscal year 1995, $1,665,000,000 for fiscal year 1996,
and $2,880,000,000 for fiscal year 1997, to remain available until expended.
``(2) From general funds.-In addition to the amounts specified in paragraph
(1), there are authorized to be appropriated to carry out section 3 of
this Act, $305,000,000 for fiscal year 1993, $265,000,000 for fiscal year
1994, $325,000,000 for fiscal year 1995, $385,000,000 for fiscal year 1996,
and $20,000,000 for fiscal year 1997, to remain available until expended.
``(3) Fiscal year 1992.-There shall be available from the Mass Transit
Account of the Highway Trust Fund for fiscal year 1992-
``(A) $1,345,000,000 to carry out section 3 of this Act;
``(B) $43,780,000 to carry out section 8 of this Act;
``(C) $55,000,000 to carry out section 16 of this Act;
``(D) $19,460,000 to carry out section 26(a) of this Act;
``(E) $20,050,000 to carry out section 26(b) of this Act, of which $12,000,000
shall be available only for part C of title VI of the Intermodal Surface
Transportation Efficiency Act of 1991; and
``(F) $7,000,000 to carry out section 11(b) of this Act.
Such sums shall remain available until expended.
``(4) Contractual obligations.-Approval by the Secretary of a grant
or contract with funds made available under subsection (a)(1), (a)(3),
(b)(1), or (b)(3) shall be deemed a contractual obligation of the United
States for payment of the Federal share of the cost of the project. Approval
by the Secretary of a grant or contract with funds made available under
subsection (a)(2) or (b)(2) shall be deemed a contractual obligation of
the United States for payment of the Federal share of the cost of the project
only to the extent that amounts are provided in advance in appropriations
Acts.
``(c) SetAside for Planning, Programming, and Research.-Before apportionment
in each fiscal year of the funds made available or appropriated under subsection
8(p), an amount equivalent to 3.0 percent of funds made available or appropriated
under subsections (a) and (b) shall be made available until expended as
follows:
``(1) 45 percent of such funds shall be made available for metropolitan
planning activities under section 8(f);
``(2) 5 percent of such funds shall be made available to carry out section
18(h);
``(3) 20 percent of such funds shall be made available to carry out
the State program under section 26(a); and
``(4) 30 percent of such funds shall be made available to carry out
the national program under section 26(b).
``(d) Other SetAsides.-Before apportionment in each fiscal year of the
funds made available or appropriated under subsection (a), of the funds
made available or appropriated under subsections (a) and (b)-
``(1) not to exceed an amount equivalent to .96 percent shall be available
for administrative expenses to carry out section 12(a) of this Act and
shall be available until expended;
``(2) not to exceed an amount equivalent to 1.34 percent shall be available
for transportation services to elderly persons and persons with disabilities
pursuant to the formula under section 16(b) of this Act and shall be available
until expended; and
``(3) $7,000,000 shall be available for the purposes of section 11(b)
relating to university transportation centers for each of fiscal years
1993 through 1996.
``(e) Completion of Interstate Transfer Transit Projects.-Of the amounts
remaining available each year under subsections (a) and (b), after allocation
pursuant to subsections (c) and (d), for substitute transit projects under
section 103(e)(4) of title 23, United States Code, there shall be available
$160,000,000 for fiscal year 1992 and $164,843,000 for fiscal year 1993.
``(f) SetAside for Rural Transportation.-An amount equivalent to 5.5
percent of the amounts remaining available each year under subsection (a),
after allocation pursuant to subsections (c), (d), and (e), shall be available
pursuant to the formula under section 18. Such sums shall remain available
until expended.
``(g) Section 9 Funding.-The funds remaining available each year under
subsection (a), after allocation pursuant to subsections (c), (d), (e)
and (f), shall be available under section 9.''.
SEC. 3026. REPORT ON SAFETY CONDITIONS IN MASS TRANSIT.
Section 22 is amended-
(1) by inserting ``(a) In General.-'' after ``Sec. 22.''; and
(2) by adding at the end a new subsection as follows:
``(b) Report.-Not later than 180 days after the date of the enactment
of this subsection, the Secretary shall transmit to Congress a report containing-
``(1) actions taken to identify and investigate conditions in any facility,
equipment, or manner of operation as part of the findings and determinations
required of the Secretary in providing grants and loans under this Act;
``(2) actions taken by the Secretary to correct or eliminate any conditions
found to create a serious hazard of death or injury as a condition for
making funds available through grants and loans under this Act;
``(3) a summary of all passengerrelated deaths and injuries resulting
from unsafe conditions in any facility, equipment, or manner of operation
of such facilities and equipment financed in whole or in part under this
Act;
``(4) a summary of all employeerelated deaths and injuries resulting
from unsafe conditions in any facility, equipment, or manner of operation
of such facilities and equipment financed in whole or in part under this
Act;
``(5) a summary of all actions taken by the Secretary to correct or
eliminate the unsafe conditions to which such deaths and injuries were
attributed;
``(6) a summary of those actions taken by the Secretary to alert transit
operators of the nature of the unsafe conditions which were found to create
a serious hazard of death or injury; and
``(7) recommendations to the Congress by the Secretary of any legislative
or administrative actions necessary to ensure that all recipients of funds
under this Act will institute the best means available to correct or eliminate
hazards of death or injury, including-
``(A) a timetable for instituting actions,
``(B) an estimate of the capital and operating cost to take such actions,
and
``(C) minimum standards for establishing and implementing safety plans
by recipients of funds under this Act.''.
SEC. 3027. PROJECT MANAGEMENT OVERSIGHT.
Section 23(a) is amended-
(1) by striking paragraphs (1) through (5);
(2) by striking ``\1/2\ of 1 percent of-'' and inserting the _following:
``\1/2\ of 1 percent of the funds made available for any fiscal year
to carry out sections 3, 9, or 18 of this Act, or interstate transfer transit
projects under section 103(e)(4) of title 23, United States Code, as in
effect on September 30, 1991, or a project under the National Capital Transportation
Act of 1969 to contract with any person to oversee the construction of
any major project under any such section. In addition to such amounts,
the Secretary may as necessary use not more than \1/4\ of 1 percent of
the funds made available in any fiscal year to carry out a major project
under section 3 to contract with any person to oversee the construction
of such major project.''.
SEC. 3028. NEEDS SURVEY.
The Act is amended by inserting after section 26 the following new section:
``SEC. 27. NEEDS SURVEY AND TRANSFERABILITY STUDY.
``(a) Needs Survey.-In January 1993 and in January of every second year
thereafter, the Comptroller General shall transmit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Public Works and Transportation of the House of Representatives a report
containing an evaluation of the extent to which current transit needs are
adequately addressed and an estimate of the future transit needs of the
Nation, including transit needs in rural areas (particularly access to
health care facilities). Such report shall include the following:
``(1) An assessment of needs related to rail modernization, guideway
modernization, replacement, rehabilitation, and purchase of buses and related
equipment, construction of bus related facilities, and construction of
new fixed guideway systems and extensions to fixed guideway systems.
``(2) A 5year projection of the maintenance and modernization needs
that will result from aging of existing equipment and facilities, including
the need to overhaul or replace existing bus fleets and rolling stock used
on fixed guideway systems.
``(3) A 5year projection of the need to invest in the expansion of existing
transit systems to meet changing economic, commuter, and residential patterns.
``(4) An estimate of the level of expenditure needed to satisfy the
needs identified above.
``(5) An examination of existing Federal, State, and local resources
as well as private resources that are or can reasonably be expected to
be made available to support public transit.
``(6) The gap between the level of expenditure estimated under paragraph
(4) and the level of resources available to meet such needs identified
under paragraph (5).
``(b) Transferability Study.-
``(1) In general.-In January 1993 and in January of every second year
thereafter, the Comptroller General shall transmit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee on
Public Works and Transportation of the House of Representatives a report
on implementation of the transferability provisions of section 9(j)(3)
of this Act.
``(2) Contents.-The report shall identify, by State, the amount of transit
funds transferred for nontransit purposes under such sections during the
previous fiscal year and shall include an assessment of the impact of such
transfers on the transit needs of individuals and communities within the
State. Specifically, the report shall assess the impact of such transfers
(A) on the State's ability to meet the transit needs of elderly individuals
and individuals with disabilities, (B) on efforts to meet the objectives
of the Americans With Disabilities Act of 1990 and the Clean Air Act, and
(C) on the State's efforts to extend public transit services to unserved
rural areas. The report shall also include an examination of the relative
levels of Federal transit assistance and services in urban and rural areas
in fiscal year 1991 and the extent to which such assistance and service
has increased or decreased in subsequent fiscal years as a result of transit
resources made available under this Act and the Intermodal Surface Transportation
Efficiency Act of 1991.''.
SEC. 3029. STATE RESPONSIBILITY FOR FIXED GUIDEWAY SYSTEM SAFETY.
The Act is amended by inserting after section 27 the following new section:
``SEC. 28. STATE RESPONSIBILITY FOR FIXED GUIDEWAY SYSTEM SAFETY.
``(a) Withholding of Funds for Noncompliance.-The Secretary may withhold
up to 5 percent of the amount required to be apportioned for use in any
State or urbanized area in such State under section 9 for any fiscal year
beginning after September 30, 1994, if the State in the previous fiscal
year has not met the requirements of subsection (b) and the Secretary determines
that the State is not making adequate efforts to comply with such subsection.
``(b) State Requirements.-A State meets the requirements of this section
if-
``(1) the State establishes and is implementing a safety program plan
for each fixed guideway transit system in the State which establishes,
at a minimum, safety requirements, lines of authority, levels of responsibility
and accountability, and methods of documentation for such system;
``(2) the State designates an agency of the State with responsibility
to-
``(A) require, review and approve, and monitor implementation of such
plans; and
``(B) investigate hazardous conditions and accidents on such systems
and require corrective actions to correct or eliminate such conditions;
and
``(3) in any case in which more than 1 State would be subject to this
section in connection with a single transit agency, the affected States
may designate an entity other than the transit agency to ensure uniform
safety standards and enforcement and to meet the requirements of this subsection.
``(c) Period of Availability; Effect of Compliance and Noncompliance.-
``(1) Period of availability of withheld funds.-Any funds withheld under
subsection (a) from apportionment for use in any State in a fiscal year,
shall remain available for apportionment for use in such State until the
end of the second fiscal year following the fiscal year for which such
funds are authorized to be appropriated.
``(2) Apportionment of withheld funds after compliance.-If, before the
last day of the period for which funds withheld under subsection (a) from
apportionment are to remain available for apportionment for use in a State
under paragraph (1), the State meets the requirements of subsection (b),
the Secretary shall, on the first day on which the State meets the requirements
of subsection (b), apportion to the State the funds withheld under subsection
(a) that remain available for apportionment for use in the State.
``(3) Period of availability of subsequently apportioned funds.-Any
funds apportioned pursuant to paragraph (2) shall remain available for
expenditure until the end of the third fiscal year succeeding the fiscal
year in which such funds are apportioned pursuant to paragraph (2). Sums
not obligated at the end of such period shall be apportioned for use in
other States under section 9 of this Act.
``(4) Effect of noncompliance.-If, at the end of the period for which
funds withheld under subsection (a) from apportionment are available for
apportionment for use in a State under paragraph (1), the State does not
meet the requirements of subsection (b), such funds shall be apportioned
for use in other States under section 9 of this Act.
``(d) Limitation on Applicability.-This section only applies to States
that have rail fixed guideway mass transportation systems which are not
subject to regulation by the Federal Railroad Administration.
``(e) Regulations.-Not later than 1 year after the date of the enactment
of this section, the Secretary shall issue regulations which set forth
the requirements for complying with subsection (b).''.
SEC. 3030. PLANNING AND RESEARCH.
The Act is amended by inserting after section 25 the following:
``SEC. 26. PLANNING AND RESEARCH PROGRAM.
``(a) State Program.-The funds made available under section 21(c)(3)
shall be available for State programs as follows:
``(1) Transit cooperative research program.-50 percent of that amount
shall be available for the transit cooperative research program to be administered
as follows:
``(A) Independent governing board.-The Secretary shall establish an
independent governing board for such program to recommend mass transportation
research, development, and technology transfer activities as the Secretary
deems appropriate.
``(B) National academy of sciences.-The Secretary may make grants to,
and enter into cooperative agreements with, the National Academy of Sciences
to carry out such activities as the Secretary determines are appropriate.
``(2) State planning and research.-The remaining 50 percent of that
amount shall be apportioned to the States for grants and contracts consistent
with the purposes of sections 6, 8, 10, 11, and 20 of this Act.
``(A) Apportionment formula.-Amounts shall be apportioned to the States
in the ratio which the population in urbanized areas in each State bears
to the total population in urbanized areas, in all the States as shown
by the latest available decennial census, except that no State shall receive
less than \1/2\ of 1 percent of the amount apportioned under this section.
``(B) Allocation within a state.-A State may authorize a portion of
its funds made available under this subsection to be used to supplement
funds available under subsection (a)(1), as the State deems appropriate.
``(b) National Program.-
``(1) In general.-The funds made available under section 21(c)(4), shall
be available to the Secretary for grants or contracts for the purposes
of section 6, 8, 10, 11, or 20 of this Act, as the Secretary deems appropriate.
``(2) Compliance with ada.-Of the amounts available under paragraph
(1), the Secretary shall make available not less than $2,000,000 to provide
transitrelated technical assistance, demonstration programs, research,
public education, and other activities that the Secretary deems appropriate
to help transit providers achieve compliance with the Americans with Disabilities
Act of 1990. To the extent practicable, the Secretary shall carry out this
subsection through contract with a national nonprofit organization serving
persons with disabilities with demonstrated capacity to carry out these
activities.
``(3) Special initiatives.-Of the amounts available under paragraph
(1), an amount not to exceed 25 percent shall be available to the Secretary
for special demonstration initiatives subject to such terms, conditions,
requirements, and provisions as the Secretary deems consistent with the
requirements of this Act, except that the provisions of section 3(e)(4)
shall apply to operational grants funded for purposes of section 6. For
nonrenewable grants that do not exceed $100,000, the Secretary shall provide
expedited procedures governing compliance with requirements of this Act.
``(4) Technology development.-
``(A) Program.-The Secretary is authorized to undertake a program of
transit technology development in coordination with affected entities.
``(B) Industry technical panel.-The Secretary shall establish an Industry
Technical Panel consisting of representatives of transportation suppliers
and operators and others involved in technology development. A majority
of the Panel members shall represent the supply industry. The Panel shall
assist the Secretary in the identification of priority technology development
areas and in establishing guidelines for project development, project cost
sharing, and project execution.
``(C) Guidelines.-The Secretary shall develop guidelines for cost sharing
in technology development projects funded under this section. Such guidelines
shall be flexible in nature and reflect the extent of technical risk, market
risk, and anticipated supplier benefits and pay back periods.
``(5) Advanced fare collection technology pilot project.-From amounts
authorized under section 21(c)(4), the Secretary shall make available $1,000,000
in fiscal year 1992 for the purpose of conducting a pilot project to evaluate,
develop, and test advanced fare technology systems. Such project shall
be carried out by the Washington Metropolitan Transit Authority.
``(6) Inertial navigation technology transfer.-
``(A) Project.-There is authorized to be appropriated from amounts made
available under section 21(c), $1,000,000 for fiscal year 1992 to support
an inertial navigation system demonstration project for the purpose of
determining the safety, economic, and environmental benefits of deploying
inertial navigation tracking and control systems in urban and rural environments.
``(B) Publicprivate sector participants.-The project described in subparagraph
(A) shall be conducted by the Transit Safety Research Alliance, a nonprofit
publicprivate sector consortium based in Pittsburgh, Pennsylvania.
``(7) Supplementary funds.-The Secretary may use funds appropriated
under this subsection to supplement funds available under subsection (a)(1),
as the Secretary deems appropriate.
``(8) Federal share.-Where there would be a clear and direct financial
benefit to an entity under a grant or contract funded under this subsection
or subsection (a)(1), the Secretary shall establish a Federal share consistent
with that benefit.
``(c) Suspended Light Rail System Technology Pilot Project.-
``(1) Full funding grant agreement.-Not later than 60 days after the
fulfillment of the requirements under paragraph (5), the Secretary shall
negotiate and enter into a full funding grant agreement under section 3
with a public entity selected under paragraph (4) for construction of a
suspended light rail system technology pilot project.
``(2) Project purpose.-The purpose of the project under this subsection
shall be to assess the state of new technology for a suspended light rail
system and to determine the feasibility and costs and benefits of using
such a system for transporting passengers.
``(3) Project description.-The project under this subsection shall-
``(A) utilize new rail technology with individual vehicles on a prefabricated,
elevated steel guideway;
``(B) be stability seeking with a center of gravity for the detachable
passenger vehicles located below the point of wheelrail contact; and
``(C) utilize vehicles which are driven by overhead bogies with high
efficiency, low maintenance electric motors for each wheel, operating in
a slightly sloped plane from vertical for both the wheels and the running
rails, to further increase stability, acceleration, and braking performance.
``(4) Competition.-
``(A) In general.-Notwithstanding any other provision of law, the Secretary
shall conduct a national competition to select a public entity with which
to enter into a full funding grant agreement under paragraph (1) for construction
of the project under this subsection.
``(B) Publication of notice.-Not later than 30 days after the date of
the enactment of this Act, the Secretary shall publish in the Federal Register
notice of the competition to be conducted under this paragraph, together
with procedures for public entities to participate in the com_petition.
``(C) Selection of finalists.-Not later than 120 days after the date
of the enactment of this Act, the Secretary shall select 3 public entities
to be finalists in the competition under this paragraph.
``(D) Award of grants.-The Secretary shall award grants to each of the
finalists selected under subparagraph (C). Such grants shall be used by
the finalists to participate in the final phase of the competition under
this paragraph in accordance with procedures to be established by the Secretary.
The amount of such grants shall not exceed 80 percent of the costs of such
participation. No finalists may receive more than 1/3 of the amount made
available under paragraph (9)(C).
``(E) Selection of winner.-Not later than 210 days after the date of
the enactment of this Act, the Secretary shall select from among the finalists
selected under subparagraph (C) the public entity with which to enter into
a full funding grant agreement under paragraph (1).
``(F) Considerations.-In conducting the competition and selecting public
entities under this paragraph, the Secretary shall consider the following:
``(i) The public entity's demonstrated understanding and knowledge of
the project under this section.
``(ii) The public entity's technical, managerial, and financial capacity
to undertake construction, management, and operation of the project.
``(iii) Maximization of potential contributions to the cost of the project
by State, local, and private sector entities, including the donation of
inkind services and materials.
``(5) Expedited procedures.-Not later than 270 days after the date of
selection of a public entity under paragraph (4), the Secretary shall approve
and publish in the Federal Register a notice announcing either (A) a finding
of no significant impact, or (B) a draft environmental impact statement
for the project under this subsection. The alternative analysis for the
project shall include a determination as to whether or not to actually
construct such project. If a draft environmental impact statement is published,
the Secretary shall, not later than 180 days after the date of such publication,
approve and publish in the Federal Register a notice of completion of a
final environmental impact statement. The project shall not be subject
to the major capital investment policy of the Federal Transit _Administration.
``(6) Notice to proceed with construction.-Not later than 30 days following
the execution of the full funding grant agreement under paragraph (1),
the Secretary shall issue a notice to proceed with construction.
``(7) Option not to construct.-Not later than the 30th day following
the completion of preliminary engineering and design for the project, the
public entity selected under paragraph (1) will make a determination on
whether or not to proceed to actual construction of the project. If such
public entity makes a determination not to proceed to such actual construction-
``(A) the Secretary shall not enter into the grant agreement under paragraph
(1);
``(B) any remaining sums 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 amount so credited and all other amounts
to be provided under this section to award to entities selected under paragraph
(4)(E) grants under section 3 for construction of the project described
in paragraph (1).
Any grants under subparagraph (C) shall be awarded after completion
of a competitive process for selection of a grant recipient. Such process
shall be completed not later than the 60th day following the date of the
determination under this subsection.
``(8) Operating cost deficits.-The full funding grant agreement under
paragraph (1) shall provide that-
``(A) the system vendor for the project under this section shall fund
100 percent of any deficit incurred in operating the project in the first
two years of revenue operations of the project; and
``(B) the system vendor for the project under this section shall fund
50 percent of any deficit incurred in operating the project in the third
year of revenue operations of the project.
``(9) Funding.-
``(A) Preconstruction.-If the systems planning, alternatives analysis,
preliminary engineering, and design and environmental impact statement
are required by law for the project under this subsection, the Secretary
shall pay by grant the Federal share of such costs (as determined under
section 3) from amounts provided under such section as follows: not less
than $4,000,000 for fiscal year 1993. Such funds shall remain available
until expended.
``(B) Construction.-The grant agreement under paragraph (1) shall provide
that the Federal share of the construction costs of the project under this
section shall be paid by the Secretary from amounts provided under section
3 as follows: not less than $30,000,000 for fiscal year 1994. Such funds
shall remain available until expended.
``(C) Grants.-Grants under paragraph (4) shall be paid by the Secretary
from amounts provided under section 3 as follows: not less than $1,000,000
for fiscal year 1992. Any amounts not expended for such grants shall be
available for the Federal share of costs described in subparagraphs (A)
and (B).
``(D) Operation.-Notwithstanding any other provision of law, the grant
agreement under paragraph (1) shall provide with respect to the third year
of revenue operations of the project under this subsection that the Federal
share of operating costs of the project shall be paid by the Secretary
from amounts provided under this section in a sum equal to 50 percent of
any deficit incurred in operating the project in such year of revenue operations
or $300,000, whichever is less.
``(10) Federal share.-The Federal share of the cost of construction
of the project under this subsection shall be 80 percent of the net cost
of the project.
``(11) Report.-Not later than January 30, 1993, and annually thereafter,
the Secretary shall transmit to Congress a report on the progress and results
of the project under this subsection.''.
SEC. 3031. NEW JERSEY URBAN CORE PROJECT.
(a) Contractual Commitments.-
(1) Full funding grant agreement.-Not later than 90 days after the date
of the enactment of this Act, the Secretary shall negotiate and enter into
a full funding grant agreement under section 3 of the Federal Transit Act
for those elements of the New Jersey Urban Core Project which can be fully
funded in fiscal years 1992 through 1997. Such grant agreement shall not
preclude the allocation of Federal funds for those elements of the project
not covered under such grant agreement.
(2) Payment.-The grant agreement under paragraph (1) shall provide that
the Federal share of the cost of the New Jersey Urban Core Project shall
be paid by the Secretary from amounts provided under section 3 of the Federal
Transit Act as follows:
(A) Not less than $95,900,000 for fiscal year 1992.
(B) Not less than $71,700,000 for fiscal year 1993.
(C) Not less than $64,800,000 for fiscal year 1994.
(D) Not less than $146,000,000 for fiscal year 1995.
(E) Not less than a total of $256,000,000 for fiscal years 1996 and
1997.
Nothing in this section shall be construed as precluding other Federal
funds from being committed to the project.
(b) NonFederal Share.-Notwithstanding any other provision of law, for
the purpose of calculating nonFederal contributions to the net cost of
the New Jersey Urban Core Project, the Secretary shall include all nonFederal
contributions made on or after January 1, 1987, for construction of any
element of the project. NonFederal funds committed to one element of the
project may be used to meet the nonFederal share requirement for any other
element of the project.
(c) Exemption From Certain Requirements.-The requirements contained
in section 3(i) of the Federal Transit Act (relating to criteria for new
starts) shall not apply with respect to the New Jersey Urban Core Project;
except that an alternative analysis and draft environmental impact statement
shall be completed with respect to the Hudson River Waterfront element
of the project and the Secretary shall approve the recommended locally
preferred alternative for such element. No element of the project shall
be subject to the major capital investment policy of the Federal Transit
Administration.
(d) Elements of Urban Core Project.-For the purposes of this section,
the New Jersey Urban Core Project consists of the following elements: Secaucus
Transfer, Kearny Connection, Waterfront Connection, Northeast Corridor
Signal System, Hudson River Waterfront Transportation System, NewarkNewark
International AirportElizabeth Transit Link, a rail connection between
Penn Station Newark and Broad Street Station, Newark, New York Penn Station
Concourse, and the equipment needed to operate revenue service associated
with improvements made by the project. The project includes elements advanced
with 100 percent nonFederal funds.
SEC. 3032. MULTIYEAR FUNDING FOR SAN FRANCISCO BAY AREA RAIL EXTENSION
PROGRAM.
(a) Draft Environmental Impact Statement.-
(1) Completion deadline.-Not later than 60 days after the date of the
enactment of this Act and in accordance with the National Environmental
Policy Act of 1969, the Secretary shall complete a draft environmental
impact statement for an extension of the San Francisco Bay Area Rapid Transit
District (hereinafter in this section referred to as ``BART'') to the San
Francisco International Airport.
(2) Notice of availability and reporting.-The Secretary shall publish
a notice of availability of the draft environmental impact statement for
public review. If the Secretary has not published such notice on or before
the 60th day following the date of the enactment of this Act, the Secretary
shall report to Congress on the status of the completion of such draft
environmental impact statement. The Secretary shall continue to report
to such committees every 30 days on the status of the completion of the
draft environmental impact statement, including any proposed revisions
to the statement or to the work plan, until a notice of availability of
such document is published in the Federal Register.
(b) Preliminary Engineering Grant.-
(1) To bart.-Not later than 30 days after the date of submittal of a
locally preferred alternatives report and notwithstanding any other provision
of law, the Secretary shall make a grant to BART to conduct preliminary
engineering and to complete an environmental impact statement on the locally
preferred alternative for the extension of BART to the San Francisco International
Airport. The amount of such grant shall be 75 percent of preliminary engineering
costs, unless the matching percentage is increased by a modification to
Metropolitan Transportation Commission Resolution No. 1876 in a manner
that would allow such Federal share to be increased to 80 percent.
(2) To santa clara county.-Not later than 30 days after the date of
the enactment of this Act and notwithstanding any other provision of the
law, the Secretary shall make a grant to the Santa Clara County Transit
District (hereinafter in this section referred to as ``SCCTD'') to conduct
preliminary engineering and to complete an environmental impact statement
in accordance with the National Environmental Policy Act of 1969 on the
locally preferred alternative for the Tasman Corridor Project. The amount
of such grant shall be $12,750,000; except that the Federal share for all
project costs may not exceed 50 percent, unless the matching percentage
is increased by a modification to Metropolitan Transportation Commission
Resolution No. 1876 in a manner that would allow such Federal share to
be increased to 80 percent. Local funds expended on the Tasman Corridor
Project after the locally preferred alternative was approved by the Metropolitan
Transportation Commission on July 31, 1991, shall be considered eligible
project costs under the Federal Transit Act.
(c) Contractual Commitments.-
(1) Approval of construction.-Notwithstanding any other provision of
law, the Secretary shall approve the construction of the locally preferred
alternative for the BART San Francisco International Airport Extension
(Phase 1a to Colma and Phase 1b to San Francisco Airport) and the Tasman
Corridor Project according to the following schedule; provided that the
Secretary does not grant approval under subparagraphs (A), (B), and (C)
before the 30th day after completion of the environmental impact statement:
(A) Not later than 90 days after the date of the enactment of this Act,
the Secretary shall approve such construction for BART Phase 1a to Colma.
(B) Not later than 90 days after the date of the completion of preliminary
engineering, the Secretary shall _approve such construction for BART Phase
1b to San Francisco International Airport.
(C) Not later than 90 days after the date of the completion by SCCTD
of preliminary engineering, the Secretary shall approve such construction
for the Tasman Corridor Project.
(2) Execution of contract.-Upon approving construction under paragraph
(1), the Secretary shall execute a multiyear grant agreement with BART
to permit the expenditure of funds for the construction of the BART San
Francisco International Airport Extension (Phase 1a and Phase 1b) and with
SCCTD for the construction of the Tasman Corridor Project.
(d) Federal Share.-
(1) BART extension.-The grant agreement under subsection (c)(2) shall
provide that the Federal share of the project cost for the locally preferred
alternative for the BART San Francisco International Airport Extension
(Phase 1a and Phase 1b) shall be 75 percent, unless the matching percentage
is increased by a modification to Metropolitan Transportation Commission
Resolution No. 1876 in a manner that would allow such Federal share to
be increased to 80 percent.
(2) Tasman corridor project.-The grant agreement under subsection (c)(2)
shall provide that the Federal share of the project cost for the locally
preferred alternative for the Tasman Corridor Project, including costs
for preliminary engineering, shall be 50 percent, unless that matching
percentage is increased by a modification to Metropolitan Transportation
Commission Resolution No. 1876 in a manner that would allow such Federal
share to be increased to 80 percent.
(e) Payment.-The grant agreement under subsection (c)(2) shall provide
that the Federal share of the cost of the projects shall be paid by the
Secretary from amounts provided under section 3 of the Federal Transit
Act for construction of new fixed guideway systems and extensions to fixed
guideway systems, as follows:
(1) Not less than $28,500,000 for fiscal year 1990.
(2) Not less than $40,000,000 for fiscal year 1991.
(3) Not less than $100,000,000 for each of fiscal years 1992 through
1995.
(4) Not less than $100,000,000 for fiscal years 1996 and 1997.
Apportionment of payments between BART and SCCTD shall be consistent
with the Metropolitan Transportation Commission Resolution No. 1876.
(f) Advance Construction.-The grant agreements under subsection (c)(2)
shall provide that the Secretary shall reimburse BART and SCCTD from any
amounts provided under section 3 of the Federal Transit Act for fiscal
years 1992 through 1997 for the Federal share of the net project costs
incurred by BART and SCCTD under subsections (c)(1) and (c)(2), including
the amount of any interest earned and payable on bonds as provided in section
3(l)(2) of the Federal Transit Act, as follows:
(1) Not later than September 30, 1994, the Secretary shall reimburse
BART and SCCTD a total of $368,500,000 (plus such interest), less amounts
provided under subsection (e) for fiscal years 1992 through 1994.
(2) Not later than September 30, 1997, the Secretary shall reimburse
BART and SCCTD a total of $568,500,000 (plus such interest), less amounts
provided under subsection (e) for fiscal years 1992 through 1997.
(g) Full Funding Grant Agreements.-
(1) Schedule.-Notwithstanding any other provision of law, the Secretary
shall negotiate and execute full funding grant agreements that are consistent
with Metropolitan Transportation Commission Resolution No. 1876 with BART
for Phase 1a to Colma and Phase 1b to the San Francisco International Airport,
and with SCCTD for the Tasman Corridor Project according to the following
schedule:
(A) Not later than 90 days after the date of completion by SCCTD of
preliminary engineering, the Secretary shall execute such agreement for
the Tasman Corridor Project.
(B) Upon completion by BART of 85 percent of final design, the Secretary
shall execute such agreement for Phase 1a to Colma.
(C) Upon completion by BART of 85 percent of final design, the Secretary
shall execute such agreement for Phase 1b to the San Francisco International
Airport.
(2) Additional amounts.-In addition to the $568,500,000 provided under
this section, the Secretary shall, subject to annual appropriations, issue
full funding grant agreements to complete the projects utilizing the full
amount of the unobligated balance in the Mass Transit Account of the Highway
Trust Fund.
(h) Alternatives Analysis.-The Secretary shall permit the Santa Clara
County Transit District, in cooperation with the Metropolitan Transportation
Commission, to conduct an Alternatives Analysis to examine transit alternatives
including a possible BART extension from southern Alameda County through
downtown San Jose to Santa Clara, California.
SEC. 3033. QUEENS LOCAL/EXPRESS CONNECTION.
(a) Full Funding Grant Agreement.-Not later than 90 days after the date
of the enactment of this Act, the Secretary shall negotiate and enter into
a full funding grant agreement under section 3 of the Federal Transit Act
for those elements of the Queens Local/Express Connection which can be
fully funded in fiscal years 1992 through 1997. Such grant agreement shall
not preclude the allocation of Federal funds for those elements of the
project not covered under such grant agreement.
(b) Payment.-The grant agreement under subsection (a) shall provide
that the Federal share of the cost of the Queens Local/Express Connection
shall be paid by the Secretary from amounts provided under section 3(k)(1)(B)
of the Federal Transit Act as follows:
(1) Not less than $11,000,000 for fiscal year 1992.
(2) Not less than $18,700,000 for fiscal year 1993.
(3) Not less than $77,800,000 for fiscal year 1994.
(4) Not less than $76,800,000 for fiscal year 1995.
(5) Not less than $121,800,000 for fiscal year 1996.
Nothing in this section shall be construed as precluding other Federal
funds from being committed to the project.
SEC. 3034. MULTIYEAR CONTRACT FOR METRO RAIL PROJECT.
(a) Supplemental EIS.-Not later than April 1, 1992, and in accordance
with the National Environmental Policy Act of 1969, the Secretary shall
complete preparation of a final supplemental environmental impact statement
for Minimum Operable Segment3 (other than the East Side Extension) and
publish a notice of the completion of such statement in the Federal Register.
Such statement shall reflect any alignment changes in the Los Angeles Metro
Rail Project and any determination of an amended locally preferred alternative
for the project. In preparing such statement, the Secretary shall rely,
to the maximum extent feasible, upon existing environmental studies and
analyses conducted with respect to the project, including the Draft Supplemental
Environmental Impact Statement (dated November 1987) and the Final Supplemental
Environmental Impact Statement (dated July 1989).
(b) Amendment to~~~ Contract To~~~ Include~~~ Construction of _MOSm3.-
(1) Negotiation.-Not later than April 1, 1992, the Secretary shall begin
negotiations with the Commission on an amendment to the full funding contract
under section 3 of the Federal Transit Act (dated April 1990) for construction
of Minimum Operable Segmentm2 of the Los Angeles Metro Rail Project in
order to include construction of Minimum Operable Segmentm3 (including
the commitment described in paragraph (4) to provide Federal funding for
the East Side Extension) in such contract.
(2) Execution.-Not later than October 15, 1992, the Secretary shall-
(A) complete negotiations and execute the amended contract under paragraph
(1); and
(B) issue a record of decision approving the construction of Minimum
Operable Segmentm3 (other than the East Side Extension).
(3) Payment of federal share.-
(A) Federal share.-The amended contract under paragraph (1) shall provide
that the Federal share of the cost of construction of Minimum Operable
Segmentm3 for fiscal years 1993 through 1997 shall be $695,000,000.
(B) Payment.-The amended contract under paragraph (1) shall provide
that the Federal share of the cost of construction of Minimum Operable
Segmentm3 shall be paid by the Secretary from amounts available under section
3 of the Federal Transit Act in accordance with a schedule for annual payments
set forth in such contract.
(4) East ~~~Side ~~~Extension.-The ~~~amended ~~~contract ~~~under _paragraph
(1) shall include a commitment to provide Federal funding for the East
Side Extension, subject to completion of alternatives analysis and satisfaction
of Federal environmental requirements.
(5) Advance construction.-
(A) In general.-The amended contract under paragraph (1) shall provide
that the Commission may construct any portion of Minimum Operable Segmentm3
in accordance with section 3(l) of the Federal Transit Act.
(B) Amount.-The Commission may use advance construction authority in
an amount not to exceed the sum of $535,000,000 plus the difference (if
any) between the Federal share specified in paragraph (3) for fiscal years
1993 through 1997 and the amount of Federal funds actually provided in
those fiscal years.
(C) Conversion to grants.-In the event the Commission uses advance construction
authority under this paragraph, the Secretary shall convert that authority
into a grant and shall reimburse the Commission, from funds available under
section 3 of the Federal Transit Act, for the Federal share of the amounts
expended. Such conversion and reimbursement shall be made by the Secretary
in fiscal years 1998, 1999, and 2000 and shall be equal to the Federal
share of the amounts expended by the Commission pursuant to this paragraph
(plus any eligible bond interest under section 3(l)(2) of the Federal Transit
Act).
(c) Further~~~ Amendment~~~ to~~~ Contract.-Not~~~ later~~~ than~~~
Octo_ber 15, 1996, the Secretary shall negotiate and enter into a further
amendment to the contract described in subsection (b)(1) in order to provide
Federal funding for Minimum Operable Segmentm3 for fiscal years 1998 through
2000. The amended contract shall include provisions for the use and reimbursement
of advance construction in the manner set forth in subsection (b)(5).
(d) Continuing Preliminary Engineering.-Before the date on which an
amended contract is executed under subsection (b), the Secretary shall,
upon receipt of an application from the Commission, make a grant to the
Commission from amounts available under section 3 of the Federal Transit
Act for continuing preliminary engineering and environmental analysis work
for Minimum Operable Segmentm3.
(e) Addition of East Side Extension.-
(1) Alternatives analysis and environmental review.-The Secretary shall
cooperate with the Commission in alternatives analysis and environmental
review, including preparation of a draft environmental impact statement,
for the East Side Extension. Upon receipt of an application from the Commission,
the Secretary shall make a grant to the Commission, from amounts available
under section 3 of the Federal Transit Act, for preliminary engineering,
design, and related expenses for the East Side Extension, in an amount
equal to 50 percent of the cost of such activities. Such funds shall be
provided from the amounts made available by the Secretary under subsection
(b)(3).
(2) Supplemental eis.-Not later than December 1, 1993, and in accordance
with the National Environmental Policy Act of 1969, the Secretary shall
complete preparation of a final supplemental environmental impact statement
for the East Side Extension and shall publish a notice of completion of
such statement in the Federal Register.
(3) Amendment to contract to include east side extension.-
(A) Negotiation.-Immediately upon the completion of alternatives analysis
and preliminary engineering for the East Side Extension, the Secretary
shall begin negotiations with the Commission on a further amendment to
the contract referred to in subsection (b)(1) in order to include construction
of the East Side Extension.
(B) Execution.-Not later than June 1, 1994, the Secretary shall-
(i) complete negotiations and execute the amended contract under subparagraph
(A); and
(ii) issue a record of decision approving the construction of the East
Side Extension.
(C) Contents.-The amended contract under subparagraph (A) shall be consistent
with the commitment made under subsection (b)(4) and shall include appropriate
changes to the existing scope of work to include the East Side.
(f) Applicability of Federal Requirements.-The amended contracts under
this section shall provide that any activity under Minimum Operable Segmentm3
that is financed entirely with nonFederal funds shall not be subject to
any Federal statute, regulation, or program guidance, unless the Federal
statute or regulation in question, by its terms, otherwise applies to and
covers such activity.
(g) Criteria for New Starts.-Minimum Operable Segmentm3 shall be deemed
to be a project described in and covered by section 303(b) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987.
(h) Notification of Noncompliance.-If the Secretary is unable to comply
with a deadline established by this section, the Secretary shall report
to Congress on the reasons for the noncompliance and shall provide such
Committees a firm schedule for taking the action required.
(i) Definitions.-For the purposes of this section, the following definitions
apply:
(1) Commission.-The term ``Commission'' means the Los _Angeles County
Transportation Commission (or any successor thereto).
(2) East side extension.-The term ``East Side Extension'' means that
portion of Minimum Operable Segmentm3 described in paragraph (3)(C).
(3) Minimum operable segmentm3.-The term ``Minimum Operable Segmentm3''
means that portion of the Los Angeles Metro Rail Project which consists
of 7 stations and approximately 11.6 miles of heavy rail subway on the
following lines:
(A) One line running west and northwest from the Hollywood/Vine station
to the North Hollywood station, with 2 intermediate stations.
(B) One line running west from the Wilshire/Western station to the Pico/San
Vicente station, with one intermediate station.
(C) One line consisting of an initial line of approximately 3 miles
in length, with at least 2 stations, beginning at Union Station and running
generally east.
SEC. 3035. MISCELLANEOUS MULTIYEAR CONTRACTS.
(a) Hawthorne, New JerseyWarwick, New York, Service.-No later than 120
days after the date of the enactment of this Act, the Secretary shall negotiate
and sign a multiyear grant agreement with the New Jersey Transit Corporation
which includes not less than $35,710,000 in fiscal year 1992 and not less
than $11,156,000 in fiscal year 1993 from funds made available under section
3(k)(1)(B) of the Federal Transit Act to carry out the construction of
a project to provide commuter rail service from Hawthorne, New Jersey,
to Warwick, New York (including a connection with the New Jersey Transit
Main Line in Hawthorne, New Jersey, and improvements to the New Jersey
Transit Main Line station in Paterson, New Jersey). Such agreement shall
provide that amounts provided under the agreement may be used for purchasing
equipment and for rehabilitating and constructing stations, parking facilities,
and other facilities necessary for the restoration of such commuter rail
service.
(b) Westside Light Rail Project.-No later than April 30, 1992, the Secretary
shall negotiate and sign a multiyear grant agreement with the TriCounty
Metropolitan Transportation District of Oregon which includes $515,000,000
from funds made available under section 3(k)(1)(B) of the Federal Transit
Act at the Federal share contained in House Report 101m584 to carry out
the construction of the locally preferred alternative for the Westside
Light Rail Project, including system related costs, set forth in Public
Law 101m516 and as defined in House Report 101m584. Such agreement shall
also provide for the completion of alternatives analysis, the final Environmental
Impact Analysis, and preliminary engineering for the Hillsboro extension
to the Westside Project as set forth in Public Law 101m516.
(c) North Bay Ferry Service.-No later than April 30, 1992, the Secretary
shall negotiate and sign a multiyear grant agreement with the City of Vallejo,
California, which includes $8,000,000 in fiscal year 1992 and $9,000,000
in fiscal year 1993 from funds made available under section 3(k)(1)(B)
of the Federal Transit Act to carry out capital improvements under the
North Bay Ferry Service Demonstration Program.
(d) Staten IslandMidtown Manhattan Ferry Service.-No later than April
30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the New York City Department of Transportation in New York, New York,
which includes $1,000,000 in fiscal year 1992 and $11,000,000 in fiscal
year 1993 from funds made available under section 3(k)(1)(B) of the Federal
Transit Act to carry out capital improvements under the Staten IslandMidtown
Ferry Service Demonstration Program.
(e) Central Area Circulator Project.-No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
City of Chicago, Illinois, which includes $260,000,000 from funds made
available under section 3(k)(1)(B) of the Federal Transit Act to carry
out the construction of the locally preferred alternative for the Central
Area Circulator Project. Such grant agreement shall provide that the Federal
share of the cost of such project shall be paid by the Secretary from amounts
provided under such section 3(k)(1)(B) as follows:
(1) Not less than $21,000,000 for fiscal year 1992.
(2) Not less than $55,000,000 for fiscal year 1993.
(3) Not less than $70,000,000 for fiscal year 1994.
(4) Not less than $62,000,000 for fiscal year 1995.
(5) Not less than a total of $52,000,000 for fiscal years 1996 and 1997.
(f) Salt Lake City Light Rail Project.-No later than August 30, 1992,
the Secretary shall negotiate and sign a multiyear grant agreement with
the Utah Transit Authority, which includes $131,000,000 from funds made
available under section 3(k)(1)(B) of the Federal Transit Act to carry
out the construction of the initial segment of the locally preferred alternative
for the Salt Lake City Light Rail Project, including feeder bus and other
system related costs.
(g) Los AngelesSan Diego (LOSSAN) Rail Corridor Improvement Project.-No
later than April 30, 1992, the Secretary shall negotiate and sign a multiyear
grant agreement with the Los _AngelesSan Diego Rail Corridor Agency which
includes not less than $10,000,000 for fiscal year 1992 and not less than
$5,000,000 in each of fiscal years 1993 and 1994 from funds made available
under section 3(k)(1)(B) of the Federal Transit Act to provide for capital
improvements to the rail corridor between Los Angeles and San Diego, _California.
(h) San JoseGilroyHollister Commuter Rail Project.-No later than April
30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the responsible operating entity for the San Francisco Peninsula Commute
Service which includes, from funds made available under section 3(k)(1)(B)
of the Federal Transit Act, $13,000,000 for capital improvements and trackage
rights related to the extension of commuter rail service from San Jose,
through Gilroy, to Hollister, California. The Secretary shall allocate
to the Santa Clara County Transit District in fiscal year 1992, from funds
made available under such section 3(k)(1)(B), $8,000,000 for the purpose
of a onetime purchase of perpetual trackage rights between the existing
terminus in San Jose and Gilroy, California, to run passenger rail service.
(i) Dallas Light Rail Project.-No later than April 30, 1992, the Secretary
shall negotiate and sign a multiyear grant agreement with Dallas Area Rapid
Transit which includes $160,000,000 from funds made available under section
3(k)(1)(B) of the Federal Transit Act to carry out the construction of
the locally preferred alternative for the initial 6.4 miles and 10 stations
of the South Oak Cliff light rail line. NonFederal funds used to acquire
rightsofway and to plan, design, and construct any of the elements of such
light rail line on or after August 13, 1983, may be used to meet the nonFederal
share funding requirement for financing construction of any of such elements.
(j) South Boston Piers Transitway/Light Rail Project.-No later than
June 1, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the Massachusetts Bay Transportation Authority which includes
$278,000,000 from funds made available under section 3(k)(1)(B) of the
Federal Transit Act to carry out the construction of the South Station
to World Trade Center segment of the locally preferred alternative for
the South Boston Piers Transitway/Light Rail Project. Not later than February
28, 1992, the Secretary shall allocate from such $278,000,000 such sums
as may be necessary to carry out preliminary engineering and design for
the entirety of such preferred alternative. Section 330 of the Department
of Transportation and Related Agencies Appropriations Act, 1992, is amended
by striking ``-'', by striking ``(a)'', by striking ``; and'' at the end
of paragraph (a) and all that follows through the period at the end of
such section and inserting a period, and by running in the remaining matter
of paragraph (a) following ``Administration''.
(k) Kansas City Light Rail Project.-No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
Kansas City Area Transportation Authority which includes, from funds made
available under section 3(k)(1)(B) of the Federal Transit Act, $1,500,000
in fiscal year 1992, and $4,400,000 in fiscal year 1993 to provide for
the completion of alternatives analysis and preliminary engineering for
the Kansas City Light Rail Project.
(l) Orlando Streetcar (OSCAR) Downtown Trolley Project.-No later than
April 30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the City of Orlando, Florida, which includes, from funds
made available under section 3(k)(1)(B) of the Federal Transit Act, $5,000,000
to provide for the completion of alternatives analysis and preliminary
engineering for the Orlando Streetcar (OSCAR) Downtown Trolley Project.
(m) Detroit Light Rail Project.-No later than April 30, 1992, the Secretary
shall negotiate and enter into a multiyear grant agreement with the city
of Detroit, Michigan, which includes, from funds made available under section
3(k)(1)(B) of the Federal Transit Act, not less than $10,000,000 for fiscal
year 1992, and not less than $10,000,000 for fiscal year 1993, to provide
for the completion of alternatives analysis and preliminary engineering
for the Detroit Light Rail Project.
(n) Bus and Bus Related Equipment Purchases in Altoona, Pennsylvania.-No
later than April 30, 1992, the Secretary shall enter into a grant agreement
with Altoona Metro Transit for $2,000,000 for fiscal year 1992 from funds
made available under section 3(k)(1)(C) of the Federal Transit Act to provide
for the purchase of 10 buses, a fuel storage tank, a bus washer and 2 service
vehicles.
(o) Long Beach Metro Link Fixed Rail Project.-No later than April 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the Los Angeles County Transportation Commission which includes $4,000,000
from funds made available under section 3(k)(1)(B) of the Federal Transit
Act to provide for the completion of alternatives analysis and preliminary
engineering for the Metro Link Project in Long Beach, California.
(p) LakewoodFreeholdMatawan or Jamesburg Rail Project.-No later than
April 30, 1992, the Secretary 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)(1)(B) of the Federal Transit Act, $1,800,000 in fiscal year
1992 and $3,000,000 in each of fiscal years 1993 and 1994 to provide for
the completion of alternatives analysis, preliminary engineering, and environmental
impact statement for the LakewoodFreeholdMatawan or Jamesburg Rail Project.
(q) San Francisco, California.-No later than April 30, 1992, the Secretary
shall enter into a grant agreement for $2,500,000 from funds made available
under section 3(k)(1)(C) for fiscal year 1992 to construct a parking facility
as part of a multimodal transportation facility in the vicinity of California
Pacific Medical Center, San Francisco, California.
(r) Charlotte Light Rail Study.-No later than April 30, 1992, the Secretary
shall negotiate and sign a multiyear grant agreement with the City of Charlotte,
North Carolina, which includes, from funds made available under section
3(k)(1)(B) of the Federal Transit Act, $125,000 in fiscal year 1992 and
$375,000 in fiscal year 1993 to provide for the completion of systems planning
and alternatives analysis for a priority light rail corridor in the Charlotte
metropolitan area.
(s) Buckhead People Mover Conceptual Engineering Study.-No later than
April 30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the Atlanta Regional Commission which includes, from funds
made available under section 3(k)(1)(B) of the Federal Transit Act, $200,000
in fiscal year 1992, to provide for the completion of a conceptual engineering
study for a people mover system in Atlanta, Georgia.
(t) Cleveland Dual Hub Rail Project.-No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
Greater Cleveland Regional Transit Authority which includes, from funds
made available under section 3(k)(1)(B) of the Federal Transit Act, $2,000,000
in fiscal year 1992, $2,000,000 in fiscal year 1993, and $1,000,000 in
fiscal year 1994, to provide for the completion of alternatives analysis
on the Cleveland Dual Hub Rail Project.
(u) San Diego Mid Coast Light Rail Project.-No later than April 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the San Diego Metropolitan Transit Development Board which includes,
from funds made available under section 3(k)(1)(B) of the Federal Transit
Act, $2,000,000 in fiscal year 1992, $5,000,000 in fiscal year 1993, and
$20,000,000 in fiscal year 1994, to provide for the completion of alternatives
analysis and the final environmental impact statement, and to purchase
rightofway, for the San Diego Mid Coast Light Rail Project.
(v) Chattanooga Downtown Trolley Project.-No later than April 30, 1992,
the Secretary shall negotiate and sign a multiyear grant agreement with
the Chattanooga Area Regional Transportation Authority which includes,
from funds made available under section 3(k)(1)(B) of the Federal Transit
Act, $1,000,000 in fiscal year 1992 and $1,000,000 in fiscal year 1993
to provide for the completion of alternatives analysis on a proposed trolley
circulator in downtown Chattanooga, Tennessee.
(w) Northeast Ohio Commuter Rail Feasibility Study.-No later than April
30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the Northeast Ohio Areawide Coordinating Agency which includes, from
funds made available under section 3(k)(1)(B) of the Federal Transit Act,
$800,000 in fiscal year 1992 and $800,000 in fiscal year 1993 to study
the feasibility of providing commuter rail service connecting urban and
suburban areas in northeast Ohio.
(x) RAILTRAN Commuter Rail Project.-No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
Cities of Dallas and Fort Worth, Texas, which includes, from funds made
available under section 3(k)(1)(B) of the Federal Transit Act, $2,480,000,
in fiscal year 1992, and $3,200,000 in fiscal year 1993 to provide for
preliminary engineering and construction of improvements to the Dallas/Fort
Worth RAILTRAN System.
(y) Bus and Bus Related Equipment Purchases in Johnstown, Pennsylvania.-No
later than April 30, 1992, the Secretary shall enter into a grant agreement
with the Cambria County Transit Authority for $1,600,000 for fiscal year
1992 from funds made available under section 3(k)(1)(C) of the Federal
Transit Act to provide for the purchase of 6 midsize buses; spare engines,
transmissions, wheels, tires; wheelchair lifts for urban buses; 20 2way
radios; 29 electronic fareboxes and related equipment; computer hardware
and software; and shop tools, equipment and parts for the Cambria County
Transit System; and a new 400 HP electric motor and related components;
cable replacement; hillside erosion control; parkandride facilities; and
a handicapped pedestrian crosswalk for the Johnstown Inclined Plane.
(z) Bus Purchase for Eureka Springs, Arkansas.-No later than April 30,
1992, the Secretary shall enter into a grant agreement with Eureka Springs
Transit for $63,600 for fiscal year 1992 from funds made available under
section 3(k)(1)(C) of the Federal Transit Act to provide for the purchase
of an electrically powered bus which is accessible to and usable by individuals
with disabilities.
(aa) Tucson DialaRide Project.-No later than April 30, 1992, the Secretary
shall negotiate and sign a grant agreement with the City of Tucson, Arizona,
which includes, from funds made available under section 3(k)(1)(C) of the
Federal Transit Act, $8,000,000 in fiscal year 1992 to make capital improvements
related to the Tucson DialaRide Project.
(bb) Long Beach Bus Facility Project.-No later than April 30, 1992,
the Secretary shall negotiate and sign a grant agreement with the Long
Beach Transportation Company to include, from funds made available under
section 3(k)(1)(C) of the Federal Transit Act, $13,875,000 in fiscal year
1992, to provide for the construction of a bus maintenance facility in
the service area of such company.
(cc) ParkandRide Lot.-No later than April 30, 1992, the Secretary shall
negotiate and sign a grant agreement with the Southeastern Pennsylvania
Transportation Authority which includes, from funds made available under
section 3(k)(1)(C) of the Federal Transit Act, $4,000,000 in fiscal year
1992 to construct a parkandride lot in suburban Philadelphia, Pennsylvania.
(dd) Nashville Intermodal Terminal.-No later than April 30, 1992, the
Secretary shall negotiate and sign a grant agreement with the City of Nashville,
Tennessee, which includes, from funds made available under section 3(k)(1)(C)
of the Federal Transit Act, $3,700,000 in fiscal year 1992 to provide for
the construction of an intermodal passenger terminal in Nashville, Tennessee.
(ee) Main Street Transit Mall.-No later than April 30, 1992, the Secretary
shall negotiate and sign a grant agreement with the City of Akron, Ohio,
which includes, from funds made available to that State under section 3(k)(1)(C)
of the Federal Transit Act, $1,450,000 in fiscal year 1992 to provide for
preliminary engineering and construction of an extension to the Main Street
Transit Mall.
(ff) People Mobilizer.-No later than April 30, 1992, the Secretary shall
negotiate and sign a grant agreement with PACE which includes, from funds
made available to the suburban Chicago urbanized area under section 3(k)(1)(C),
$2,300,000 in fiscal year 1992 to make capital purchases necessary for
implementing the people mobilizer project in such area. The limitation
on operating assistance which but for this section would apply to the people
mobilizer project for fiscal year 1992 under section 9(k)(2)(A) of the
Federal Transit Act shall be increased by $700,000.
(gg) Centre Area Transportation Authority Reimbursement.-Notwithstanding
any other provision of law, the Secretary shall reimburse the Centre Area
Transportation Authority in State College, Pennsylvania, from funds made
available under section 3(k)(1)(C) of the Federal Transit Act, $1,000,000
in fiscal year 1992 for costs incurred by the Centre Area Transportation
Authority between August 1989 and October 1991 in connection with the construction
of an administrative maintenance and bus storage facility.
(hh) Key West, Florida.-Not later than April 30, 1992, the Secretary
shall negotiate and enter into a grant agreement with the city of Key West,
Florida, which includes, from funds made available under section 3(k)(1)(C)
of the Federal Transit Act, $239,666 in fiscal year 1992 for the cost of
purchasing 3 buses.
(ii) Boston, Massachusetts.-The Secretary shall conduct at a cost of
$250,000 in fiscal year 1992 from funds made available under section 3(k)(1)(B)
of the Federal Transit Act a feasibility study of a proposed rail link
between North Station and South Station in Boston, Massachusetts.
(jj) Buffalo, New York.-No later than April 30, 1992, the Secretary
shall enter into a grant agreement with the Niagara Frontier Transportation
Authority for $2,000,000 for fiscal year 1992 from funds made available
under section 3(k)(1)(C) of the Federal Transit Act to provide for the
construction of metro bus transit centers in the service area of such transportation
authority.
(kk) State of Michigan.-No later than June 30, 1992, the Secretary shall
enter into a multiyear grant agreement with the State of Michigan for $10,500,000
for fiscal year 1992, and not less than $10,000,000 for each of fiscal
years 1993 through 1997 from funds made available under section 3(k)(1)(C)
of the Federal Transit Act for the purchase of buses and busrelated equipment
to be distributed among local transit operators. Of the grant amount for
fiscal year 1992, $500,000 shall be made available for a study of the feasibility
of consolidation of transit services.
(ll) Ann Arbor, Michigan.-No later than April 30, 1992, the Secretary
shall enter into a grant agreement with the Ann Arbor Transportation Authority
for $1,500,000 for fiscal year 1992 from funds made available under section
3(k)(1)(C) of the Federal Transit Act for the purchase of equipment and
software for advanced fare collection technology.
(mm) Bay Area Rapid Transit District Parking.-Not later than April 30,
1992, the Secretary shall negotiate and enter into a multiyear grant agreement
with the San Francisco Bay Area Rapid Transit District which includes,
from funds made available under section 3(k)(1)(C) of the Federal Transit
Act, $12,600,000 for construction of a parking area for the planned East
Dublin/Pleasanton BART station.
(nn) BaltimoreWashington Transportation Improvements Program.-The Secretary
shall carry out the BaltimoreWashington Transportation Improvements Program
as follows:
(1) Baltimorecentral light rail extension.-By entering into a full funding
grant agreement with the Mass Transit Administration of the Maryland Department
of Transportation to carry out construction of locally preferred alternatives
for the Hunt Valley, BaltimoreWashington International Airport and Penn
Station extensions to the light rail line in Baltimore, Maryland. The grant
agreement under this paragraph shall provide that the Federal share shall
be paid from amounts provided under section 3(k)(1)(B) of the Federal Transit
Act as follows:
(A) Not less than $30,000,000 for fiscal year 1993.
(B) Not less than $30,000,000 for fiscal year 1994.
(2) MARC extensions.-By entering into a full funding grant agreement
with the Mass Transit Administration of the Maryland Department of Transportation
for service extensions and other improvements, including extensions of
the MARC commuter rail system to Frederick and Waldorf, planning and engineering,
purchase of rolling stock and station improvements and expansions. The
grant agreement under this paragraph shall be paid from amounts provided
under section 3(k)(1)(B) of the Federal Transit Act as follows:
(A) Not less than $60,000,000 for fiscal year 1993.
(B) Not less than $50,000,000 for fiscal year 1994.
(C) Not less than $50,000,000 for fiscal year 1995.
(3) Largo extension.-By entering into a full funding grant agreement
with the State of Maryland or its designee to provide alternative analysis,
the preparation of an environmental impact statement and preliminary engineering
for a proposed rail transit project to be located in the corridor between
the Washington Metropolitan Area Transit Authority Addison Road rail station
and Largo, Maryland. The grant agreement under this paragraph shall provide
that the Federal share shall be paid from amounts provided under section
3(k)(1)(B) of the Federal Transit Act in an amount not less than $5,000,000
for fiscal year 1993.
(oo) Milwaukee EastWest Corridor Project.-The Secretary shall negotiate
and sign a multiyear grant agreement with the State of Wisconsin which
includes $200,000,000 from funds made available under section 3(k)(1)(B)
of the Federal Transit Act to carry out the construction of the initial
segment of the locally preferred alternative as identified in the alternatives
analysis of the Milwaukee EastWest Corridor Project.
(pp) Boston to Portland Transportation Corridor.-If the State of Maine
or an agency thereof decides to initiate commuter rail service in the Boston
to Portland transportation corridor, $30,000,000 under section 3(k)(1)(B)
is authorized to be appropriated for capital improvements to allow such
service.
(qq) Northeast Philadelphia Commuter Rail Study.-No later than April
30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the Southeastern Pennsylvania Transportation Authority, which includes
$400,000 from funds made available to the Philadelphia urbanized area under
section 3(k)(1)(B) of the Federal Transit Act to provide for a study of
the feasibility of instituting commuter rail service as an alternative
to automobile travel to Center City Philadelphia on Im95.
(rr) Atlanta Commuter Rail Study.-No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
Atlanta Regional Commission which includes, from funds made available to
the Atlanta urbanized area under section 3(k)(1)(B) of the Federal Transit
Act, $100,000 to study the feasibility of instituting commuter rail service
in the Greensboro corridor.
(ss) Pittsburgh Light Rail Rehabilitation Project.-No later than 90
days after the date of the enactment of this Act, the Secretary shall negotiate
and sign a multiyear grant agreement with the Port Authority of Allegheny
County which includes $5,000,000 from funds made available to the Pittsburgh
urbanized area under section 3(k)(1)(B) of the Federal Transit Act to complete
preliminary engineering for Stage II LRT rehabilitation in Allegheny County,
Pennsylvania.
(tt) Atlanta North Line Extension.-No 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)(1)(B) of the Federal Transit
Act to carry out the construction of the locally preferred alternative
for a 3.1 mile extension of the North Line of the heavy rail rapid transit
system in Atlanta, Georgia.
(uu) Houston Priority Corridor Fixed Guideway Project.-Provided that
a locally preferred alternative for the Priority Corridor fixed guideway
project has been selected by March 1, 1992, no later than April 30, 1992,
the Secretary shall negotiate and sign a multiyear grant agreement with
the Metropolitan Transit Authority of Harris County which includes $500,000,000
from funds made available under section 3(k)(1)(B) of the Federal Transit
Act to carry out the construction of such locally preferred alternative.
(vv) Jacksonville Automated Skyway Express Extension.-No later than
April 30, 1992, the Secretary shall negotiate and sign a multiyear grant
agreement with the Jacksonville Transportation Authority which includes
$71.2 million from funds made available under section 3(k)(1)(B) of the
Federal Transit Act to carry out the construction of the locally preferred
alternative for a 1.8 mile extension to the Automated Skyway Express starter
line.
(ww) Honolulu Rapid Transit Project.-No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
City and County of Honolulu which includes $618,000,000 from funds made
available under section 3(k)(1)(B) of the Federal Transit Act to carry
out the construction of the locally preferred alternative of a 17.3 mile
fixed guideway system.
(xx) Sacramento Light Rail Project.-No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
Sacramento Regional Transit District which includes, from funds made available
under section 3(k)(1)(B) of the Federal Transit Act, $26,000,000 to provide
for the completion of alternatives analysis, preliminary engineering, and
final design on proposed extensions to the light rail system in Sacramento,
California.
(yy) Philadelphia CrossCounty Metro Rail Project.-No later than April
30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the Southeastern Pennsylvania Transportation Authority which includes,
from funds made available under section 3(k)(1)(B) of the Federal Transit
Act, $2,400,000 to provide for the completion of alternatives analysis
and preliminary engineering for the Philadelphia CrossCounty Metro Rail
Project.
(zz) Cleveland Blue Line Light Rail Extension.-No later than April 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the Greater Cleveland Regional Transit Authority which includes, from
funds made available under section 3(k)(1)(B) of the Federal Transit Act,
$1,200,000 to provide for the completion of alternatives analysis and preliminary
engineering for an extension of the Blue Line to Highland Hills, Ohio.
(aaa) Dulles Corridor Rail Project.-No later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
State of Virginia, or its assignee, which includes, from funds made available
under section 3(k)(1)(B) of the Federal Transit Act, $6,000,000 to provide
for the completion of alternatives analysis and preliminary engineering
for a rail corridor from the West Falls Church Washington Metropolitan
Area Transit Authority rail station to Dulles International Airport.
(bbb) Puget Sound Core Rapid Transit Project.-Not later than April 30,
1992, the Secretary shall negotiate and sign a multiyear grant agreement
with the municipality of metropolitan Seattle, Washington, which includes,
from funds made available under section 3(k)(1)(B) of the Federal Transit
Act, $300,000,000 for the Puget Sound Core Rapid Transit Project.
(ccc) SeattleTacoma Commuter Rail.-Not later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
municipality of metropolitan Seattle, Washington, which includes, from
funds made available under section 3(k)(1)(B) of the Federal Transit Act,
$25,000,000 for the SeattleTacoma Commuter Rail Project.
(ddd) Altoona Pedestrian Crossover.-Not later than April 30, 1992, the
Secretary shall negotiate and sign a multiyear grant agreement with the
city of Altoona, Pennsylvania, which includes, from funds made available
under section 3(k)(1)(B) of the Federal Transit Act, $3,200,000 for construction
of the 14th Street Pedestrian Crossover in Altoona, Pennsylvania.
(eee) MultiModal Transit Parkway.-Not later than April 30, 1992, the
Secretary shall negotiate and enter into a multiyear grant agreement with
the State of California which includes, from funds made available under
section 3(k)(1)(B) of the Federal Transit Act, $15,000,000 for construction
of a multimodal transit parkway in western Los Angeles, California.
(fff) Canal Street Corridor Light Rail, New Orleans, Louisiana.-No later
than April 30, 1992, the Secretary shall negotiate and sign a grant agreement
with the city of New Orleans, Louisiana, which includes, from funds made
available under section 3(k)(1)(B) of the Federal Transit Act, $4,800,000
to provide for the completion of alternatives analysis, preliminary engineering,
and an environmental impact statement for the Canal Street Corridor Light
Rail System in New Orleans, Louisiana.
SEC. 3036. UNOBLIGATED M ACCOUNT BALANCES.
Notwithstanding any other provision of law, any obligated M account~~~
balances~~~ remaining~~~ available~~~ for~~~ expenditure~~~ 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)(4) and
(b)(6) of Public Law 101m510 and section 1552 of title 31, United States
Code, and shall be available until expended.
SEC. 3037. TECHNICAL ACCOUNTING PROVISIONS.
Notwithstanding any other provision of law, any funds appropriated before
October 1, 1983, under section 6, 10, 11, or 18 of the Act, or section
103(e)(4) of title 23, United States Code, in effect on September 30, 1991,
that remain available for expenditure after October 1, 1991, may be transferred
to and administered under the most recent appropriation heading for any
such section.
SEC. 3038. REDUCTION IN AUTHORIZATIONS FOR BUDGET COMPLIANCE.
If the total amount authorized by this Act (including amendments made
by this Act) out of the Mass Transit Account of the Highway Trust Fund
exceeds $1,900,000,000 for fiscal year 1992, or exceeds $13,800,000,000
for fiscal years 1992 through 1996, then each amount so authorized shall
be reduced proportionately so that the total equals $1,900,000,000 for
fiscal year 1992, or equals $13,800,000,000 for fiscal years 1992 through
1996, as the case may be.
SEC. 3039. PETROLEUM VIOLATION ESCROW ACCOUNT FUNDS.
Notwithstanding any other provision of law, the Federal Transit Administration
shall allow petroleum violation escrow account funds spent by the New Jersey
Transit Corporation on transit improvements to be applied as credit towards
the nonFederal match for any transit project funded under the Federal Transit
Act. The New Jersey Transit Corporation shall demonstrate that the use
of such a credit does not result in the reduction in nonFederal funding
for transit projects within the fiscal year in which the credit is applied.
SEC. 3040. CHARTER SERVICES DEMONSTRATION PROGRAM.
(a) Establishment.-Notwithstanding any provision of law, the Secretary
shall implement regulations, not later than 9 months after the date of
the enactment of this Act, in not more than 4 States to permit transit
operators to provide charter services for the purposes of meeting the transit
needs of government, civic, charitable, and other community activities
which otherwise would not be served in a cost effective and efficient manner.
(b) Consultation.-In developing such regulations, the Secretary shall
consult with a board that is equally represented by public transit operators
and privately owned charter services.
(c) Report.-Not later than 3 years after the date of the enactment of
this Act, the Secretary shall transmit to Congress a report containing
an evaluation of the effectiveness of the demonstration program regulations
established under this section and make recommendations to improve current
charter service regulations.
SEC. 3041. GAO REPORT ON CHARTER SERVICE REGULATIONS.
The Comptroller General shall submit to the Congress, not later than
12 months after the date of the enactment of this Act, a report evaluating
the impact of existing charter service regulations. The report shall-
(1) assess the extent to which the regulations promote or impede the
ability of communities to meet the transportation needs of government,
civic, and charitable organizations in a costeffective and efficient manner;
(2) assess the extent to which the regulations promote or impede the
ability of communities to carry out economic development activities in
a costeffective and efficient manner;
(3) analyze the extent to which public transit operators and private
charter carriers have entered into charter service agreements pursuant
to the regulations; and
(4) analyze the extent to which such agreements enable private carriers
to profit from the provision of charter service by public transit operators
using federally subsidized vehicles.
The report shall also include an assessment of the factors specified
in the preceding sentence within the context of not less than 3 communities
selected by the Comptroller General.
SEC. 3042. 1993 WORLD UNIVERSITY GAMES.
Notwithstanding any other provision of law, before apportionment under
section 9 of the Federal Transit Act of funds provided under section 21(a)(1)
of such Act for fiscal year 1993, $4,000,000 of such funds shall be made
available to the State of New York or to any public body to which the State
further delegates authority, as the designated recipient for the purposes
of this section, to carry out projects by contracts with private or public
service providers to meet the transportation needs associated with the
staging of the 1993 World University Games in the State of New York. Such
funds shall be available for any purpose eligible under section 9 of such
Act without limitation. The matching requirement for operating assistance
under section 9(k)(1) of such Act shall not apply to funds made available
under this section.
SEC. 3043. OPERATING ASSISTANCE LIMITATION FOR STATEN ISLAND FERRY.
The limitation of operating assistance which, but for this section,
would apply to the Staten Island Ferry for fiscal year 1993 under section
9(k)(2)(A) of the Federal Transit Act shall be increased by $2,700,000.
SEC. 3044. FORGIVENESS OF CERTAIN OUTSTANDING OBLIGATIONS.
Notwithstanding the fifth sentence of section 4(a) of the Federal Transit
Act, the outstanding balance on grant agreement number NCm05m0021 made
to the Fayetteville Transit Authority, North Carolina is forgiven.
SEC. 3045. FORGIVENESS OF LOAN REPAYMENT.
Notwithstanding any other provision of law (including any regulation),
the outstanding balances on the following loan agreements do not have to
be repaid:
(1) Loan agreement number PAm03m9002 made to the Southeastern Pennsylvania
Transit Authority.
(2) Loan agreement number PAm03m9003 made to the Southeastern Pennsylvania
Transit Authority.
SEC. 3046. MODIFIED BUS SERVICE TO ACCOMMODATE THE NEEDS OF STUDENTS.
Nothing in the Federal Transit Act, including the regulations issued
to carry out such Act, shall be construed to prohibit the use of buses
acquired or operated with Federal assistance under such Act to provide
tripper bus service in New York City, New York, to accommodate the needs
of students, if such buses carry normal designations and clear markings
that such buses are open to the general public. For the purposes of this
section, the term ``tripper bus service'' shall have the meaning such term
has on the date of the enactment of this Act in regulations issued pursuant
to the Federal Transit Act and shall include the service provided by express
buses operating along regular routes and as indicated in published route
schedules.
SEC. 3047. ELIGIBILITY DETERMINATIONS FOR DISABILITY.
(a) Study.-The Secretary shall conduct a study of procedures for determining
disability for the purpose of obtaining off peak reduced fares under section
5(m) of the Federal Transit Act. The study should review different requirements,
degree of uniformity, and degree of reciprocity between transit systems.
(b) Report.-Not later than 2 years after the date of the enactment of
this Act, the Secretary shall report to Congress on the results of the
study conducted under this section.
SEC. 3048. MILWAUKEE ALTERNATIVES ANALYSIS APPROVAL.
No later than January 15, 1992, the Secretary shall enter into an agreement
with the Wisconsin Department of Transportation giving approval to undertake
an alternatives analysis for the EastWest Central Milwaukee Corridor. The
alternatives analysis shall be funded entirely from nonFederal sources.
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