§ 5328. — Project review.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5328]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5328. Project review
(a) Schedule.--(1) When the Secretary of Transportation allows a new
fixed guideway project to advance into the alternatives analysis stage
of project review, the Secretary shall cooperate with the applicant in
alternatives analysis and in preparing a draft environmental impact
statement and shall approve the draft for circulation not later than 45
days after the applicant submits the draft to the Secretary.
(2) After the draft is circulated and not later than 30 days after
the applicant selects a locally preferred alternative, the Secretary
shall allow the project to advance to the preliminary engineering stage
if the Secretary finds the project is consistent with section 5309(e).
(3) The Secretary shall issue a record of decision and allow a
project to advance to the final design stage of construction not later
than 120 days after the final environmental impact statement for the
project is completed.
(4) The Secretary shall make a full funding grant agreement under
section 5309 of this title for a project not later than 120 days after
the project enters the final design stage of construction. The agreement
shall provide for a United States Government share of the construction
cost at least equal to the Government share estimated in the Secretary's
most recent report required under 5309(o)(1) \1\ or an update of the
report unless the applicant requests otherwise.
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\1\ So in original. Probably should be ``section 5309(o)(1)''.
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(b) Allowed Delays.--(1) Advancement of a project under the time
requirements of subsection (a) of this section may be delayed only--
(A) for the time the applicant may request; or
(B) during the time the Secretary finds, after reasonable notice
and an opportunity for comment, that the applicant, for reasons
attributable only to the applicant, has not complied substantially
with the provisions of this chapter applicable to the project.
(2) Not more than 10 days after imposing a delay under paragraph
(1)(B) of this subsection, the Secretary shall give the applicant a
written statement explaining the reasons for the delay and describing
actions the applicant must take to end the delay.
(3) At least once every 6 months, the Secretary shall report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Banking, Housing, and Urban Affairs
of the Senate on each situation in which the Secretary has not met a
time requirement of subsection (a) of this section or delayed a time
requirement under paragraph (1)(B) of this subsection. The report shall
explain the reasons for the delay and include a plan for achieving
timely completion of the Secretary's review.
(c) Program of Interrelated Projects.--(1) In this subsection, a
program of interrelated projects includes the following:
(A) the New Jersey Urban Core Project (as defined in title III
of the Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240, 105 Stat. 2087)).
(B) the San Francisco Bay Area Rail Extension Program,
consisting of at least 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, a program
element designated by a change to the Metropolitan Transportation
Commission Resolution No. 1876, and a program element financed
completely with non-Government amounts, including the BART Warm
Springs Extension, Dublin Extension, and West Pittsburg Extension.
(C) the Los Angeles Metro Rail Minimum Operable Segment-3
Program, consisting of 7 stations and approximately 11.6 miles of
heavy rail subway on the following lines:
(i) one line running west and northwest from the Hollywood/
Vine station to the North Hollywood station, with 2 intermediate
stations.
(ii) one line running west from the Wilshire/Western station
to the Pico/San Vicente station, with one intermediate station.
(iii) the East Side Extension, consisting of an initial line
of approximately 3 miles, with at least 2 stations, beginning at
Union Station and running generally east.
(D) the Baltimore-Washington Transportation Improvement Program,
consisting of 3 extensions of the Baltimore Light Rail to Hunt
Valley, Penn Station, and Baltimore-Washington Airport, MARC
extensions to Frederick and Waldorf, Maryland, and an extension of
the Washington Subway system to Largo, Maryland.
(E) the Tri-County Metropolitan Transportation District of
Oregon Light Rail Program, consisting of the locally preferred
alternative for the Westside Light Rail Project, including system
related costs, contained in the Department of Transportation and
Related Agencies Appropriations Act, 1991 (Public Law 101-516, 104
Stat. 2155), and defined in House Report 101-584, the Hillsboro
extension to the Westside Light Rail Project contained in that Act,
and the locally preferred alternative for the South/North Corridor
Project.
(F) the Queens Local/Express Connector Program, consisting of
the locally preferred alternative for the connection of the 63d
Street tunnel extension to the Queens Boulevard lines, the bell-
mouth part of the connector that will allow for future access by
commuter rail trains and other subway lines to the 63d Street tunnel
extension, planning elements for connecting the upper and lower
levels to commuter and subway lines in Long Island City, and
planning elements for providing a connector for commuter rail
transportation to the East side of Manhattan and subway lines to the
proposed Second Avenue subway.
(G) the Dallas Area Rapid Transit Authority light rail elements
of the New System Plan, consisting of the locally preferred
alternative for the South Oak Cliff corridor, the South Oak Cliff
corridor extension-Camp Wisdom, the West Oak Cliff corridor-
Westmoreland, the North Central corridor-Park Lane, the North
Central corridor-Richardson, Plano, and Garland extensions, the
Pleasant Grove corridor-Buckner, and the Carrollton corridors-
Farmers Branch and Las Colinas terminal.
(H) other programs designated by law or the Secretary.
(2) Consistent with the time requirements of subsection (a) of this
section or as otherwise provided by law, the Secretary shall make at
least one full financing grant agreement for each program described in
paragraph (1) of this subsection. The agreement shall include
commitments to advance each of the applicant's program elements (in the
program of interrelated projects) through the appropriate program review
stages as provided in subsection (a) or as otherwise provided by law and
to provide Government financing for each element. The agreement may be
changed to include design and construction of a particular element.
(3) When reviewing a 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 consideration expedites carrying out the
project.
(4) Including a program element not financed by the Government in a
program of interrelated projects does not impose Government requirements
that otherwise would not apply to the element.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 828; Pub. L. 104-
205, title III, Sec. 336, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 104-
287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105-178, title
III, Sec. 3009(h)(2), (3)(B), (C), June 9, 1998, 112 Stat. 356; Pub. L.
105-206, title IX, Sec. 9009(h)(2), (3), July 22, 1998, 112 Stat. 856.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5328(a)............................... 49 App.:1602(a)(6). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 3(a)(6)-(8); added Jan. 6,
1983, Pub. L. 97-424, Sec. 304(b), 96
Stat. 2150; restated Dec. 18, 1991,
Pub. L. 102-240, Sec. 3011(a), 105
Stat. 2095.
5328(b)............................... 49 App.:1602(a)(7).
5328(c)(1)............................ 49 App.:1602(a)(8)(C).
5328(c)(2)............................ 49 App.:1602(a)(8)(A) (1st-3d
sentences).
5328(c)(3)............................ 49 App.:1602(a)(8)(B).
5328(c)(4)............................ 49 App.:1602(a)(8)(A) (last
sentence).
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In subsection (a)(1), the words ``the date on which'' are omitted as
surplus.
In subsection (a)(2), the words ``the criteria set forth in'' are
omitted as surplus.
In subsection (a)(4), the words ``negotiate and'' are omitted as
surplus. The words ``under section 5309 of this title'' are added for
clarity.
In subsection (b)(1)(A), the words ``solely at the applicant's
discretion'' are omitted as surplus.
In subsection (c)(2), the words ``if appropriate'' are omitted as
surplus.
References in Text
The Intermodal Surface Transportation Efficiency Act of 1991,
referred to in subsec. (c)(1)(A), is Pub. L. 102-240, Dec. 18, 1991, 105
Stat. 1914, as amended. Title III of the Act is also known as the
Federal Transit Act Amendments of 1991. Provisions defining the New
Jersey Urban Core Project are contained in section 3031 of the Act,
which is not classified to the Code. For complete classification of this
Act to the Code, see Short Title of 1991 Amendment note set out under
section 101 of this title and Tables.
The Department of Transportation and Related Agencies Appropriations
Act, 1991, referred to in subsec. (c)(1)(E), is Pub. L. 101-516, Nov. 5,
1990, 104 Stat. 2155, as amended. Provisions relating to the Westside
Light Rail Program are contained in section 328 of the Act, which is not
classified to the Code. For complete classification of this Act to the
Code, see Tables.
Amendments
1998--Subsec. (a)(2). Pub. L. 105-178, Sec. 3009(h)(2), substituted
``5309(e)'' for ``5309(e)(1)-(6) of this title''.
Subsec. (a)(4). Pub. L. 105-178, Sec. 3009(h)(3)(C), as added by
Pub. L. 105-206, Sec. 9009(h)(3), substituted ``5309(o)(1)'' for
``section 5309(m)(2) of this title''.
Pub. L. 105-178, Sec. 3009(h)(3)(B), as amended by Pub. L. 105-206,
Sec. 9009(h)(2), substituted ``full funding'' for ``full financing''.
1996--Subsec. (b)(3). Pub. L. 104-287 substituted ``Transportation
and Infrastructure'' for ``Public Works and Transportation''.
Subsec. (c)(1)(E). Pub. L. 104-205 struck out ``Westside'' after
``District of Oregon'' and ``and'' after ``House Report 101-584,'' and
inserted before period at end ``, and the locally preferred alternative
for the South/North Corridor Project''.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of Title 23, Highways.
Section Referred to in Other Sections
This section is referred to in section 5333 of this title.
