§ 322. — Magnetic levitation transportation technology deployment program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC322]
TITLE 23--HIGHWAYS
CHAPTER 3--GENERAL PROVISIONS
Sec. 322. Magnetic levitation transportation technology
deployment program
(a) Definitions.--In this section, the following definitions apply:
(1) Eligible project costs.--The term ``eligible project
costs''--
(A) means the capital cost of the fixed guideway
infrastructure of a MAGLEV project, including land, piers,
guideways, propulsion equipment and other components attached to
guideways, power distribution facilities (including
substations), control and communications facilities, access
roads, and storage, repair, and maintenance facilities, but not
including costs incurred for a new station; and
(B) includes the costs of preconstruction planning
activities.
(2) Full project costs.--The term ``full project costs'' means
the total capital costs of a MAGLEV project, including eligible
project costs and the costs of stations, vehicles, and equipment.
(3) MAGLEV.--The term ``MAGLEV'' means transportation systems
employing magnetic levitation that would be capable of safe use by
the public at a speed in excess of 240 miles per hour.
(4) Partnership potential.--The term ``partnership potential''
has the meaning given the term in the commercial feasibility study
of high-speed ground transportation conducted under section 1036 of
the Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1978).
(b) Financial Assistance.--
(1) In general.--The Secretary shall make available financial
assistance to pay the Federal share of full project costs of
eligible projects selected under this section. Financial assistance
made available under this section and projects assisted with the
assistance shall be subject to section 5333(a) of title 49, United
States Code.
(2) Federal share.--The Federal share of full project costs
under paragraph (1) shall be not more than \2/3\.
(3) Use of assistance.--Financial assistance provided under
paragraph (1) shall be used only to pay eligible project costs of
projects selected under this section.
(c) Solicitation of Applications for Assistance.--Not later than 180
days after the date of enactment of this subsection, the Secretary shall
solicit applications from States, or authorities designated by 1 or more
States, for financial assistance authorized by subsection (b) for
planning, design, and construction of eligible MAGLEV projects.
(d) Project Eligibility.--To be eligible to receive financial
assistance under subsection (b), a project shall--
(1) involve a segment or segments of a high-speed ground
transportation corridor that exhibit partnership potential;
(2) require an amount of Federal funds for project financing
that will not exceed the sum of--
(A) the amounts made available under subsection (h)(1); and
(B) the amounts made available by States under subsection
(h)(3);
(3) result in an operating transportation facility that provides
a revenue producing service;
(4) be undertaken through a public and private partnership, with
at least \1/3\ of full project costs paid using non-Federal funds;
(5) satisfy applicable statewide and metropolitan planning
requirements;
(6) be approved by the Secretary based on an application
submitted to the Secretary by a State or authority designated by 1
or more States;
(7) to the extent that non-United States MAGLEV technology is
used within the United States, be carried out as a technology
transfer project; and
(8) be carried out using materials at least 70 percent of which
are manufactured in the United States.
(e) Project Selection Criteria.--Prior to soliciting applications,
the Secretary shall establish criteria for selecting which eligible
projects under subsection (d) will receive financial assistance under
subsection (b). The criteria shall include the extent to which--
(1) a project is nationally significant, including the extent to
which the project will demonstrate the feasibility of deployment of
MAGLEV technology throughout the United States;
(2) timely implementation of the project will reduce congestion
in other modes of transportation and reduce the need for additional
highway or airport construction;
(3) States, regions, and localities financially contribute to
the project;
(4) implementation of the project will create new jobs in
traditional and emerging industries;
(5) the project will augment MAGLEV networks identified as
having partnership potential;
(6) financial assistance would foster public and private
partnerships for infrastructure development and attract private debt
or equity investment;
(7) financial assistance would foster the timely implementation
of a project; and
(8) life-cycle costs in design and engineering are considered
and enhanced.
(f) Project Selection.--
(1) Preconstruction planning activities.--Not later than 90 days
after a deadline established by the Secretary for the receipt of
applications, the Secretary shall evaluate the eligible projects in
accordance with the selection criteria and select 1 or more eligible
projects to receive financial assistance for preconstruction
planning activities, including--
(A) preparation of such feasibility studies, major
investment studies, and environmental impact statements and
assessments as are required under State law;
(B) pricing of the final design, engineering, and
construction activities proposed to be assisted under paragraph
(2); and
(C) such other activities as are necessary to provide the
Secretary with sufficient information to evaluate whether a
project should receive financial assistance for final design,
engineering, and construction activities under paragraph (2).
(2) Final design, engineering, and construction activities.--
After completion of preconstruction planning activities for all
projects assisted under paragraph (1), the Secretary shall select 1
of the projects to receive financial assistance for final design,
engineering, and construction activities.
(g) Joint Ventures.--A project undertaken by a joint venture of
United States and non-United States persons (including a project
involving the deployment of non-United States MAGLEV technology in the
United States) shall be eligible for financial assistance under this
section if the project is eligible under subsection (d) and selected
under subsection (f).
(h) Funding.--
(1) In general.--
(A) Contract authority; authorization of appropriations.--
(i) In general.--There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $15,000,000 for fiscal
year 1999, $20,000,000 for fiscal year 2000, and $25,000,000
for fiscal year 2001.
(ii) Contract authority.--Funds authorized by this
subparagraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that--
(I) the Federal share of the cost of a project
carried out under this section shall be determined in
accordance with subsection (b); and
(II) the availability of the funds shall be
determined in accordance with paragraph (2).
(B) Noncontract authority authorization of appropriations.--
(i) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section (other than subsection
(i)) $200,000,000 for each of fiscal years 2000 and 2001,
$250,000,000 for fiscal year 2002, and $300,000,000 for
fiscal year 2003.
(ii) Availability.--Notwithstanding section 118(a),
funds made available under clause (i) shall not be available
in advance of an annual appropriation.
(2) Availability of funds.--Funds made available under paragraph
(1) shall remain available until expended.
(3) Other federal funds.--Notwithstanding any other provision of
law, funds made available to a State to carry out the surface
transportation program under section 133 and the congestion
mitigation and air quality improvement program under section 149 may
be used by the State to pay a portion of the full project costs of
an eligible project selected under this section, without requirement
for non-Federal funds.
(4) Other assistance.--Notwithstanding any other provision of
law, an eligible project selected under this section shall be
eligible for other forms of financial assistance provided under this
title and the Transportation Equity Act for the 21st Century,
including loans, loan guarantees, and lines of credit.
(i) Low-Speed Project.--
(1) In general.--Notwithstanding any other provision of this
section, of the funds made available by subsection (h)(1)(A) to
carry out this section, $5,000,000 shall be made available to the
Secretary to make grants for the research and development of low-
speed superconductivity magnetic levitation technology for public
transportation purposes in urban areas to demonstrate energy
efficiency, congestion mitigation, and safety benefits.
(2) Noncontract authority authorization of appropriations.--
(A) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection such sums as are necessary
for each of fiscal years 2000 through 2003.
(B) Availability.--Notwithstanding section 118(a), funds
made available under subparagraph (A)--
(i) shall not be available in advance of an annual
appropriation; and
(ii) shall remain available until expended.
(Added and amended Pub. L. 105-178, title I, Sec. 1218(a), (c), June 9,
1998, 112 Stat. 216; Pub. L. 105-206, title IX, Sec. 9003(i), July 22,
1998, 112 Stat. 841.)
References in Text
Section 1036 of the Intermodal Surface Transportation Efficiency Act
of 1991, referred to in subsec. (a)(4), is section 1036 of Pub. L. 102-
240, title I, Dec. 18, 1991, 105 Stat. 1978, which enacted section 309
of Title 49, Transportation, amended section 831 of Title 45, Railroads,
and section 302 of Title 49, and enacted provisions set out as notes
under section 831 of Title 45 and section 309 of Title 49.
The date of enactment of this subsection, referred to in subsec.
(c), is the date of enactment of Pub. L. 105-178, which was approved
June 9, 1998.
The Transportation Equity Act for the 21st Century, referred to in
subsec. (h)(4), is Pub. L. 105-178, June 9, 1998, 112 Stat. 107, as
amended. For complete classification of this Act to the Code, see
section 1(a) of Pub. L. 105-178, set out as a Short Title of 1998
Amendment note under section 101 of this title and Tables.
Prior Provisions
A prior section 322, added Pub. L. 91-605, title II, Sec. 205(a),
Dec. 31, 1970, 84 Stat. 1742; amended Pub. L. 93-643, Sec. 117, Jan. 4,
1975, 88 Stat. 2288; Pub. L. 97-449, Sec. 5(d)(3), Jan. 12, 1983, 96
Stat. 2442, related to demonstration projects for elimination or
protection of certain ground-level rail-highway crossings and required
study of problem of providing increased highway safety at public and
private ground-level rail-highway crossings on nationwide basis through
elimination of such crossings or otherwise, and report to Congress on
such study not later than July 1, 1972, prior to repeal by Pub. L. 100-
17, title I, Sec. 133(e)(1), Apr. 2, 1987, 101 Stat. 173.
Amendments
1998--Subsec. (a)(3). Pub. L. 105-178, Sec. 1218(c)(1), as added by
Pub. L. 105-206, Sec. 9003(i), struck out ``or under 50 miles per hour''
before period at end.
Subsec. (d)(1). Pub. L. 105-178, Sec. 1218(c)(2)(A), as added by
Pub. L. 105-206, Sec. 9003(i), struck out ``or low-speed'' after ``high-
speed''.
Subsec. (d)(2)(A). Pub. L. 105-178, Sec. 1218(c)(2)(B)(i), as added
by Pub. L. 105-206, Sec. 9003(i), substituted ``(h)(1)'' for
``(h)(1)(A)''.
Subsec. (d)(2)(B). Pub. L. 105-178, Sec. 1218(c)(2)(B)(ii), as added
by Pub. L. 105-206, Sec. 9003(i), substituted ``(h)(3)'' for ``(h)(4)''.
Subsec. (h)(1)(B)(i). Pub. L. 105-178, Sec. 1218(c)(3), as added by
Pub. L. 105-206, Sec. 9003(i), inserted ``(other than subsection (i))''
after ``this section''.
Subsec. (i). Pub. L. 105-178, Sec. 1218(c)(4), as added by Pub. L.
105-206, Sec. 9003(i), added subsec. (i).
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of this title.
Advanced Technology Pilot Project
Pub. L. 105-178, title III, Sec. 3015(c), June 9, 1998, 112 Stat.
361, as amended by Pub. L. 105-206, title IX, Sec. 9009(k)(1), July 22,
1998, 112 Stat. 857, provided that:
``(1) In general.--The Secretary shall make grants for the
development of low speed magnetic levitation technology for public
transportation purposes in urban areas to demonstrate energy efficiency,
congestion mitigation, and safety benefits.
``(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act [112 Stat. 419] for each of fiscal years 1998
through 2003, $5,000,000 per fiscal year shall be available to carry out
this subsection. Financial assistance made available under this
subsection and projects assisted with the assistance shall be subject to
section 5333(a) of title 49, United States Code.
``(3) Federal share.--The Federal share payable on account of
activities carried out using a grant made under this subsection shall be
80 percent of the cost of such activities.''
