US LAWS, STATUTES & CODES ON-LINE

US Supreme Court Decisions On-Line | US Laws



§ 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.''



chanrobles.com.Com