§ 5324. — Limitations on discretionary and special needs grants and loans.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5324]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5324. Limitations on discretionary and special needs grants
and loans
(a) Relocation Program Requirements.--Financial assistance may be
provided under section 5309 of this title only if the Secretary of
Transportation decides that--
(1) an adequate relocation program is being carried out for
families displaced by a project; and
(2) an equal number of decent, safe, and sanitary dwellings are
being, or will be, provided to those families in the same area or in
another area generally not less desirable for public utilities and
public and commercial facilities, at rents or prices within the
financial means of those families, and with reasonable access to
their places of employment.
(b) Economic, Social, and Environmental Interests.--(1) In carrying
out section 5301(e) of this title, the Secretary of Transportation shall
cooperate and consult with the Secretaries of Agriculture, Health and
Human Services, Housing and Urban Development, and the Interior and the
Council on Environmental Quality on each project that may have a
substantial impact on the environment.
(2) In carrying out section 5309 of this title, the Secretary of
Transportation shall review each transcript of a hearing submitted under
section 5323(b) of this title to establish that an adequate opportunity
to present views was given to all parties with a significant economic,
social, or environmental interest and that the project application
includes a statement on--
(A) the environmental impact of the proposal;
(B) adverse environmental effects that cannot be avoided;
(C) alternatives to the proposal; and
(D) irreversible and irretrievable impacts on the environment.
(3)(A) The Secretary of Transportation may approve an application
for financial assistance under section 5309 of this title only if the
Secretary makes written findings, after reviewing the application and
any hearings held before a State or local governmental authority under
section 5323(b) of this title, that--
(i) an adequate opportunity to present views was given to all
parties with a significant economic, social, or environmental
interest;
(ii) the preservation and enhancement of the environment, and
the interest of the community in which a project is located, were
considered; and
(iii) no adverse environmental effect is likely to result from
the project, or no feasible and prudent alternative to the effect
exists and all reasonable steps have been taken to minimize the
effect.
(B) If a hearing has not been conducted or the Secretary of
Transportation decides that the record of the hearing is inadequate for
making the findings required by this subsection, the Secretary shall
conduct a hearing on an environmental issue raised by the application
after giving adequate notice to interested persons.
(C) A finding of the Secretary of Transportation under subparagraph
(A) of this paragraph shall be made a matter of public record.
(c) Prohibitions Against Regulating Operations and Charges.--The
Secretary of Transportation may not regulate the operation of a mass
transportation system for which a grant is made under section 5309 of
this title and, after a grant is made, may not regulate any charge for
the system. However, the Secretary may require the local governmental
authority, corporation, or association to comply with any undertaking
provided by it related to its grant application.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 824.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5324(a)............................... 49 App.:1606(a). July 9, 1964, Pub. L. 88-365, Sec.
7(a), 78 Stat. 305; May 25, 1967, Pub.
L. 90-19, Sec. 20(a), 81 Stat. 25.
5324(b)(1)............................ 49 App.:1610(a) (last July 9, 1964, Pub. L. 88-365, Sec.
sentence). 14(a) (last sentence)-(c), 78 Stat.
308; Sept. 8, 1966, Pub. L. 89-562,
Sec. 2(a)(1), 80 Stat. 715; May 25,
1967, Pub. L. 90-19, Sec. 20(a), 81
Stat. 25; restated Oct. 15, 1970, Pub.
L. 91-453, Sec. 6, 84 Stat. 966.
5324(b)(2)............................ 49 App.:1610(b).
5324(b)(3)............................ 49 App.:1610(c).
5324(c)............................... 49 App.:1608(d). July 9, 1964, Pub. L. 88-365, Sec.
12(d), 78 Stat. 307; Aug. 10, 1965,
Pub. L. 89-117, Sec. 1109, 79 Stat.
507; Sept. 8, 1966, Pub. L. 89-562,
Sec. 2(a)(1), 80 Stat. 715; May 25,
1967, Pub. L. 90-19, Sec. 20(a), 81
Stat. 25; Nov. 6, 1978, Pub. L. 95-
599, Sec. 308(c), 92 Stat. 2747.
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In subsection (a), before clause (1), the word ``provided'' is
substituted for ``extended'' for clarity. The words ``to any project''
are omitted as surplus. In clause (2), the words ``available . . .
displaced'' are omitted as surplus.
In subsection (b)(1), the words ``Health and Human Services'' are
substituted for ``Health, Education, and Welfare'' in section 14(a)
(last sentence) of the Urban Mass Transportation Act of 1964 (Public Law
88-365, 78 Stat. 308) [subsequently changed to the Federal Transit Act
by section 3003(a) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102-240, 105 Stat. 2087)] because of 20:3508(b).
In subsection (b)(2), before clause (A), the words ``In carrying out
section 5306 of this title'' are added for clarity and consistency with
subsections (b)(3) and (c) of this section. The word ``detailed'' is
omitted as surplus. In clause (B), the words ``should the proposal be
implemented'' are omitted as surplus. In clause (D), the words ``which
may be involved in the proposed project should it be implemented'' are
omitted as surplus.
In subsection (b)(3)(A), before clause (i), the word ``financial''
is added for clarity. The words ``full and complete'' are omitted as
surplus. In clause (ii), the word ``fair'' is omitted as surplus. In
clause (iii), the word ``either'' is omitted as surplus.
In subsection (b)(3)(B), the words ``before the State or local
agency pursuant to section 1602(d) of this Appendix'' and ``before the
State or local public agency . . . to permit him'' are omitted as
surplus.
In subsection (c), the words ``The Secretary of Transportation may
not'' are substituted for ``None of the provisions of this chapter shall
be construed to authorize the Secretary to'' to eliminate unnecessary
words. The words ``in any manner . . . mode of'' and ``rates, fares,
tolls, rentals, or other . . . fixed or prescribed . . . by any local
public or private transit agency'' are omitted as surplus. The words
``However, the Secretary may'' are substituted for ``but nothing in this
subsection shall prevent the Secretary from taking such actions as may
be necessary to'' to eliminate unnecessary words. The words ``local
governmental authority, corporation, or association'' are substituted
for ``agency or agencies'' for consistency with sections 5309 and 5310
of the revised title.
Section Referred to in Other Sections
This section is referred to in sections 5309, 5334 of this title.
