§ 5320. — Suspended light rail system technology pilot project.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5320]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5320. Suspended light rail system technology pilot project
(a) Purpose.--The purpose of this section is to provide for the
construction by a public entity of a suspended light rail system
technology pilot project--
(1) to assess the state of new technology for a suspended light
rail system; and
(2) to establish the feasibility, costs, and benefits of using
the system to transport passengers.
(b) General Requirements.--The project shall--
(1) use new rail technology with individual vehicles on a
prefabricated elevated steel guideway;
(2) be stability-seeking with a center of gravity for the
detachable passenger vehicles located below the point of wheel-rail
contact; and
(3) use vehicles that are driven by overhead bogies with high
efficiency, low maintenance electric motors for each wheel,
operating in a slightly sloped plane from vertical for the wheels
and the running rails, to further increase stability, acceleration,
and braking performance.
(c) Competition.--(1) The Secretary of Transportation shall conduct
a national competition to select a public entity with which to make a
full funding grant agreement to construct the project. Not later than
April 16, 1992, the Secretary shall select 3 public entities to be
finalists in the competition. In conducting the competition and
selecting public entities, the Secretary shall consider--
(A) the public entity's demonstrated understanding and knowledge
of the project and its technical, managerial, and financial capacity
to construct, manage, and operate the project; and
(B) maximizing potential contributions to the cost of the
project by State, local, and private sector entities, including
donation of in-kind services and materials.
(2) The Secretary shall award a grant to each finalist to be used to
participate in the final phase of the competition under procedures the
Secretary prescribes. A grant may not be more than 80 percent of the
cost of participating. A finalist may not receive more than one-third of
the amount made available under subsection (h)(1)(A) of this section.
(3) Not later than July 15, 1992, the Secretary shall select from
among the 3 finalists a public entity with which to make a full funding
grant agreement.
(d) Environmental Impact.--Not later than 270 days after a public
entity is selected under subsection (c) of this section, the Secretary
shall approve and publish in the Federal Register a notice announcing
either a finding of no significant impact or a draft environmental
impact statement for the project. The alternatives analysis for the
project shall include a decision on whether to construct the project. If
a draft statement is published, the Secretary, not later than 180 days
after publication, shall approve and publish in the Federal Register a
notice of completion of a final environmental impact statement.
(e) Full Funding Grant Agreement.--Not later than 60 days after
carrying out the requirements of subsection (d) of this section, the
Secretary shall make a full funding grant agreement under section 5309
of this title with the public entity selected under subsection (c) of
this section to construct the project. The agreement shall provide that
the system vendor for the project shall finance--
(1) 100 percent of any deficit incurred in operating the project
in the first 2 years of revenue operations of the project; and
(2) 50 percent of any deficit incurred in operating the project
in the 3d year of revenue operations of the project.
(f) Notice To Proceed.--Not later than 30 days after making the full
funding grant agreement, the Secretary shall issue a notice to proceed
with construction.
(g) Option Not To Construct and Reawarding the Grant.--(1) Not later
than 30 days after completing preliminary engineering and design, the
selected public entity shall decide whether to proceed to constructing
the project. If the entity decides not to proceed--
(A) the Secretary shall not make the full funding grant
agreement;
(B) remaining amounts received shall be returned to the
Secretary and credited to the Mass Transit Account of the Highway
Trust Fund; and
(C) the Secretary shall use the credited amount and other
amounts to be provided under this section to award to another entity
selected under subsection (c)(1) of this section a grant under
section 5309 of this title to construct the project.
(2) Not later than 60 days after a decision is made under paragraph
(1) of this subsection, a grant shall be awarded under paragraph (1)(C)
of this subsection after completing a competitive process for selecting
the grant recipient.
(h) Financing.--(1) The Secretary shall pay from amounts provided
under section 5309 of this title the following:
(A) at least $1,000,000 for the fiscal year ending September 30,
1992, for grants under subsection (c)(2) of this section.
(B) at least $4,000,000 for the fiscal year ending September 30,
1993, for the United States Government share of the costs (as
determined under section 5309 of this title) if the systems
planning, alternatives analysis, preliminary engineering, and design
and environmental impact statement are required by law for the
project.
(C) at least $30,000,000 for the fiscal year ending September
30, 1994, as provided in the grant agreement under subsection (e) of
this section, for the Government share of the construction costs of
the project.
(2) The grant agreement under subsection (e) of this section shall
provide that for the 3d year of revenue operations of the project, the
Secretary shall pay from amounts provided under this section the
Government share of operating costs in an amount equal to the lesser of
50 percent of the deficit incurred in operating the project in that year
or $300,000.
(3) Amounts not expended under paragraph (1)(A) of this subsection
are available for the Government share of costs described in paragraph
(1)(B) and (C) of this subsection.
(4) Amounts under paragraph (1)(B) and (C) of this subsection remain
available until expended.
(i) Government's Share of Costs.--The Government share of the cost
of constructing the project is 80 percent of the net cost of the
project.
(j) Project Not Subject to Major Capital Investment Policy.--The
project is not subject to the major capital investment policy of the
Federal Transit Administration.
(k) Report.--Not later than January 30, 1993, and each year after
that date, the Secretary shall submit to Congress a report on the
progress and results of the project.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 103-
429, Sec. 6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105-178, title
III, Sec. 3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L. 105-206,
title IX, Sec. 9009(h)(1), July 22, 1998, 112 Stat. 856.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5320(a)............................... 49 App.:1622(c)(2). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 26(c); added Dec. 18, 1991,
Pub. L. 102-240, Sec. 3030, 105 Stat.
2119.
5320(b)............................... 49 App.:1622(c)(3).
5320(c)............................... 49 App.:1622(c)(4).
5320(d)............................... 49 App.:1622(c)(5) (1st-3d
sentences).
5320(e)............................... 49 App.:1622(c)(1), (8).
5320(f)............................... 49 App.:1622(c)(6).
5320(g)............................... 49 App.:1622(c)(7).
5320(h)............................... 49 App.:1622(c)(9).
5320(i)............................... 49 App.:1622(c)(10).
5320(j)............................... 49 App.:1622(c)(5) (last
sentence).
5320(k)............................... 49 App.:1622(c)(11).
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In subsections (c)(1), before clause (A), and (h)(2), the words
``Notwithstanding any other provision of law'' are omitted as surplus.
In subsection (c)(1), before clause (A), the text of 49
App.:1622(c)(4)(B) is omitted as executed.
In subsection (d), the words ``or not'' and ``actually'' are omitted
as surplus.
In subsection (e), before clause (1), the words ``negotiate and''
are omitted as surplus.
In subsections (g)(1)(C) and (h)(1)(C) and (2), the word ``section''
in the source provision is translated as if it were ``subsection'' to
reflect the apparent intent of Congress.
In subsection (g)(1), before clause (A), the words ``or not'' and
``actual'' are omitted as surplus. In clause (C), the words ``another
entity'' are substituted for ``entities'', and the words ``paragraph
(4)(e)'' in the source provision are translated as if they were
``paragraph (4)(C)'', for clarity.
Pub. L. 103-429
This amends 49:5320(g)(2) to correct an erroneous cross-reference.
Amendments
1998--Subsec. (c)(1), (3). Pub. L. 105-178, Sec. 3009(h)(3)(A)(i),
substituted ``full funding'' for ``full financing''.
Subsec. (e). Pub. L. 105-178, Sec. 3009(h)(3)(A)(ii), as amended by
Pub. L. 105-206, substituted ``Funding'' for ``Financing'' in heading.
Pub. L. 105-178, Sec. 3009(h)(3)(A)(i), substituted ``full funding''
for ``full financing''.
Subsecs. (f), (g)(1)(A). Pub. L. 105-178, Sec. 3009(h)(3)(A)(i),
substituted ``full funding'' for ``full financing''.
1994--Subsec. (g)(2). Pub. L. 103-429 substituted ``paragraph (1)(C)
of this subsection'' for ``paragraph (1)(C) of this section''.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of Title 23, Highways.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9
of Pub. L. 103-429, set out as a note under section 321 of this title.
