49 U.S.C. § 5309 : US Code - Section 5309: Capital investment grants

Search 49 U.S.C. § 5309 : US Code - Section 5309: Capital investment grants

(a) Definitions. - In this section, the following definitions
apply:
(1) Alternatives analysis. - The term "alternatives analysis"
means a study conducted as part of the transportation planning
process required under sections 5303 and 5304, which includes -
(A) an assessment of a wide range of public transportation
alternatives designed to address a transportation problem in a
corridor or subarea;
(B) sufficient information to enable the Secretary to make
the findings of project justification and local financial
commitment required under this section;
(C) the selection of a locally preferred alternative; and
(D) the adoption of the locally preferred alternative as part
of the long-range transportation plan required under section
5303.
(2) Major new fixed guideway capital project. - The term "major
new fixed guideway capital project" means a new fixed guideway
capital project for which the Federal assistance provided or to
be provided under this section is $75,000,000 or more.
(3) New fixed guideway capital project. - The term "new fixed
guideway capital project" means a minimum operable segment of a
capital project for a new fixed guideway system or extension to
an existing fixed guideway system.
(b) General Authority. - The Secretary may make grants under this
section to assist State and local governmental authorities in
financing -
(1) new fixed guideway capital projects under subsections (d)
and (e), including the acquisition of real property, the initial
acquisition of rolling stock for the systems, the acquisition of
rights-of-way, and relocation, for fixed guideway corridor
development for projects in the advanced stages of alternatives
analysis or preliminary engineering;
(2) capital projects to modernize existing fixed guideway
systems;
(3) capital projects to replace, rehabilitate, and purchase
buses and related equipment and to construct bus-related
facilities, including programs of bus and bus-related projects
for assistance to subrecipients that are public agencies, private
companies engaged in public transportation, or private nonprofit
organizations; and
(4) the development of corridors to support new fixed guideway
capital projects under subsections (d) and (e), including
protecting rights-of-way through acquisition, construction of
dedicated bus and high occupancy vehicle lanes and park and ride
lots, and other nonvehicular capital improvements that the
Secretary may decide would result in increased public
transportation usage in the corridor.
(c) Grant Requirements. -
(1) In general. - The Secretary may not approve a grant for a
project under this section unless the Secretary determines that -

(A) the project is part of an approved transportation plan
and program of projects required under sections 5303, 5304, and
5306; and
(B) the applicant has, or will have -
(i) the legal, financial, and technical capacity to carry
out the project, including safety and security aspects of the
project;
(ii) satisfactory continuing control over the use of the
equipment or facilities; and
(iii) the capability and willingness to maintain the
equipment or facilities.
(2) Certification. - An applicant that has submitted the
certifications required under subparagraphs (A), (B), (C), and
(H) of section 5307(d)(1) shall be deemed to have provided
sufficient information upon which the Secretary may make the
determinations required under this subsection.
(3) Grantee requirements. - The Secretary shall require that
any grant awarded under this section to a recipient be subject to
all terms, conditions, requirements, and provisions that the
Secretary determines to be necessary or appropriate for the
purposes of this section, including requirements for the
disposition of net increases in the value of real property
resulting from the project assisted under this section.
(d) Major Capital Investment Grants of $75,000,000 or More. -
(1) Full funding grant agreement. -
(A) In general. - A major new fixed guideway capital project
shall be carried out through a full funding grant agreement.
(B) Criteria. - The Secretary shall enter into a full funding
grant agreement, based on the evaluations and ratings required
under this subsection, with each grantee receiving assistance
for a major new fixed guideway capital project that -
(i) is authorized for final design and construction; and
(ii) has been rated as medium, medium-high, or high, in
accordance with paragraph (5)(B).
(2) Approval of grants. - The Secretary may approve a grant
under this section for a major new fixed guideway capital project
only if the Secretary, based upon evaluations and considerations
set forth in paragraph (3), determines that the project is -
(A) based on the results of an alternatives analysis and
preliminary engineering;
(B) justified based on a comprehensive review of its mobility
improvements, environmental benefits, cost effectiveness,
operating efficiencies, economic development effects, and
public transportation supportive land use policies and future
patterns; and
(C) supported by an acceptable degree of local financial
commitment (including evidence of stable and dependable
financing sources) to construct, maintain, and operate the
system or extension, and maintain and operate the entire public
transportation system without requiring a reduction in existing
public transportation services or level of service to operate
the proposed project.
(3) Evaluation of project justification. - In making the
determinations under paragraph (2)(B) for a major capital
investment grant, the Secretary shall analyze, evaluate, and
consider -
(A) the results of the alternatives analysis and preliminary
engineering for the proposed project;
(B) the reliability of the forecasting methods used to
estimate costs and utilization made by the recipient and the
contractors to the recipient;
(C) the direct and indirect costs of relevant alternatives;
(D) factors such as -
(i) congestion relief;
(ii) improved mobility;
(iii) air pollution;
(iv) noise pollution;
(v) energy consumption; and
(vi) all associated ancillary and mitigation costs
necessary to carry out each alternative analyzed;
(E) reductions in local infrastructure costs and other
benefits achieved through compact land use development, such as
positive impacts on the capacity, utilization, or longevity of
other surface transportation assets and facilities;
(F) the cost of suburban sprawl;
(G) the degree to which the project increases the mobility of
the public transportation dependent population or promotes
economic development;
(H) population density and current transit ridership in the
transportation corridor;
(I) the technical capability of the grant recipient to
construct the project;
(J) any adjustment to the project justification necessary to
reflect differences in local land, construction, and operating
costs; and
(K) other factors that the Secretary determines to be
appropriate to carry out this subsection.
(4) Evaluation of local financial commitment. -
(A) In general. - In evaluating a project under paragraph
(2)(C), the Secretary shall require that -
(i) the proposed project plan provides for the availability
of contingency amounts that the Secretary determines to be
reasonable to cover unanticipated cost increases;
(ii) each proposed local source of capital and operating
financing is stable, reliable, and available within the
proposed project timetable; and
(iii) local resources are available to recapitalize and
operate the overall proposed public transportation system,
including essential feeder bus and other services necessary
to achieve the projected ridership levels without requiring a
reduction in existing public transportation services or level
of service to operate the proposed project.
(B) Evaluation criteria. - In assessing the stability,
reliability, and availability of proposed sources of local
financing under paragraph (2)(C), the Secretary shall consider -

(i) the reliability of the forecasting methods used to
estimate costs and utilization made by the recipient and the
contractors to the recipient;
(ii) existing grant commitments;
(iii) the degree to which financing sources are dedicated
to the proposed purposes;
(iv) any debt obligation that exists, or is proposed by the
recipient, for the proposed project or other public
transportation purpose; and
(v) the extent to which the project has a local financial
commitment that exceeds the required non-Federal share of the
cost of the project.
(C) Consideration of fiscal capacity of state and local
governments. - If the Secretary gives priority to financing
projects under this subsection that include more than the non-
Federal share required under subsection (h), the Secretary
shall give equal consideration to differences in the fiscal
capacity of State and local governments.
(5) Project advancement and ratings. -
(A) Project advancement. - A proposed project under this
subsection shall not advance from alternatives analysis to
preliminary engineering or from preliminary engineering to
final design and construction unless the Secretary determines
that the project meets the requirements of this section and
there is a reasonable likelihood that the project will continue
to meet such requirements.
(B) Ratings. - In making a determination under subparagraph
(A), the Secretary shall evaluate and rate the project on a 5-
point scale (high, medium-high, medium, medium-low, or low)
based on the results of the alternatives analysis, the project
justification criteria, and the degree of local financial
commitment, as required under this subsection. In rating the
projects, the Secretary shall provide, in addition to the
overall project rating, individual ratings for each of the
criteria established by regulation.
(6) Policy guidance. -
(A) Publication. - The Secretary shall publish policy
guidance regarding the new fixed guideway capital project
review and evaluation process and criteria -
(i) not later than 120 days after the date of enactment of
the Federal Public Transportation Act of 2005; and
(ii) each time significant changes are made by the
Secretary to the process and criteria, but not less
frequently than once every 2 years.
(B) Public comment and response. - The Secretary shall -
(i) invite public comment to the policy guidance published
under subparagraph (A); and
(ii) publish a response to the comments received under
clause (i).
(e) Capital Investment Grants Less Than $75,000,000. -
(1) In general. -
(A) Applicability of requirements. - Except as provided by
subparagraph (B), a new fixed guideway capital project shall be
subject to the requirements of this subsection if the Federal
assistance provided or to be provided under this section for
the project is less than $75,000,000 and the total estimated
net capital cost of the project is less than $250,000,000.
(B) Projects receiving less than $25,000,000 in federal
assistance. - If the assistance provided under this section
with respect to a new fixed guideway capital project is less
than $25,000,000, the requirements of this subsection shall not
apply to the project until such date as the final regulation to
be issued under paragraph (9) takes effect.
(2) Selection criteria. - The Secretary may provide Federal
assistance under this subsection with respect to a proposed
project only if the Secretary finds that the project is -
(A) based on the results of planning and alternatives
analysis;
(B) justified based on a review of its public transportation
supportive land use policies, cost effectiveness, and effect on
local economic development; and
(C) supported by an acceptable degree of local financial
commitment.
(3) Planning and alternatives. - In evaluating a project under
paragraph (2)(A), the Secretary shall analyze and consider the
results of planning and alternatives analysis for the project.
(4) Project justification. - For purposes of making the finding
under paragraph (2)(B), the Secretary shall -
(A) determine the degree to which the project is consistent
with local land use policies and is likely to achieve local
developmental goals;
(B) determine the cost effectiveness of the project at the
time of the initiation of revenue service;
(C) determine the degree to which the project will have a
positive effect on local economic development;
(D) consider the reliability of the forecasting methods used
to estimate costs and ridership associated with the project;
and
(E) consider other factors that the Secretary determines
appropriate to carry out this subsection.
(5) Local financial commitment. -
(A) In general. - For purposes of paragraph (2)(C), the
Secretary shall require that each proposed local source of
capital and operating financing is stable, reliable, and
available within the proposed project timetable.
(B) Consideration of fiscal capacity of state and local
governments. - If the Secretary gives priority to financing
projects under this subsection that include more than the non-
Federal share required under subsection (h), the Secretary
shall give equal consideration to differences in the fiscal
capacity of State and local governments.
(6) Advancement of project to development and construction. -
(A) General rule. - A proposed project under this subsection
may advance from planning and alternatives analysis to project
development and construction only if the Secretary finds that
the project meets the requirements of this subsection and there
is a reasonable likelihood that the project will continue to
meet such requirements.
(B) Evaluation. - In making the findings under subparagraph
(A), the Secretary shall evaluate and rate the project as high,
medium-high, medium, medium-low, or low based on the results of
the analysis of the project justification criteria and the
degree of local financial commitment, as required by this
subsection.
(7) Contents of project construction grant agreement. - A
project construction grant agreement under this subsection shall
specify the scope of the project to be constructed, the estimated
net project cost of the project, the schedule under which the
project shall be constructed, the maximum amount of funding to be
obtained under this subsection, the proposed schedule for
obligation of future Federal grants, and the sources of funding
from other than the Government. The agreement may include a
commitment on the part of the Secretary to provide funding for
the project in future fiscal years.
(8) Limitation on entry into construction grant agreement. -
The Secretary may enter into a project construction grant
agreement for a project under this subsection only if the project
is authorized for construction and has been rated as high, medium-
high, or medium under this subsection.
(9) Regulations. - Not later than 240 days after the date of
enactment of the Federal Public Transportation Act of 2005, the
Secretary shall issue regulations establishing an evaluation and
rating process for proposed projects under this subsection that
is based on the results of project justification and local
financial commitment, as required under this subsection.
(10) Fixed guideway capital project. - In this subsection, the
term "fixed guideway capital project" includes a corridor-based
bus capital project if -
(A) a substantial portion of the project operates in a
separate right-of-way dedicated for public transit use during
peak hour operations; or
(B) the project represents a substantial investment in a
defined corridor as demonstrated by features such as park-and-
ride lots, transit stations, bus arrival and departure
signage, intelligent transportation systems technology, traffic
signal priority, off-board fare collection, advanced bus
technology, and other features that support the long-term
corridor investment.
(11) Impact report. -
(A) In general. - Not later than 120 days after the date of
enactment of the Federal Public Transportation Act of 2005, the
Federal Transit Administration shall submit to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on the methodology to be used in
evaluating the land use and economic development impacts of non-
fixed guideway or partial fixed guideway projects.
(B) Contents. - The report submitted under subparagraph (A)
shall address any qualitative and quantitative differences
between fixed guideway and non-fixed guideway projects with
respect to land use and economic development impacts.
(f) Previously Issued Letter of Intent or Full Funding Grant
Agreement. - Subsections (d) and (e) do not apply to projects for
which the Secretary has issued a letter of intent or entered into a
full funding grant agreement before the date of enactment of the
Federal Public Transportation Act of 2005. Subsection (e) also does
not apply to projects for which the Secretary has received an
application for final design before such date of enactment.
(g) Letters of Intent, Full Funding Grant Agreements, and Early
Systems Work Agreements. -
(1) Letters of intent. -
(A) Amounts intended to be obligated. - The Secretary may
issue a letter of intent to an applicant announcing an
intention to obligate, for a capital project under this
section, an amount from future available budget authority
specified in law that is not more than the amount stipulated as
the financial participation of the Secretary in the project.
When a letter is issued for fixed guideway projects, the amount
shall be sufficient to complete at least an operable segment.
(B) Treatment. - The issuance of a letter under subparagraph
(A) is deemed not to be an obligation under sections 1108(c),
1108(d), 1501, and 1502(a) of title 31 or an administrative
commitment.
(2) Full funding grant agreements. -
(A) Terms. - The Secretary may make a full funding grant
agreement with an applicant. The agreement shall -
(i) establish the terms of participation by the Government
in a project under this section;
(ii) establish the maximum amount of Government financial
assistance for the project;
(iii) cover the period of time for completing the project,
including a period extending beyond the period of an
authorization; and
(iv) make timely and efficient management of the project
easier according to the law of the United States.
(B) Special financial rules. -
(i) In general. - A full funding grant agreement under this
paragraph obligates an amount of available budget authority
specified in law and may include a commitment, contingent on
amounts to be specified in law in advance for commitments
under this paragraph, to obligate an additional amount from
future available budget authority specified in law.
(ii) Statement of contingent commitment. - The agreement
shall state that the contingent commitment is not an
obligation of the Government.
(iii) Interest and other financing costs. - Interest and
other financing costs of efficiently carrying out a part of
the project within a reasonable time are a cost of carrying
out the project under a full funding grant agreement, except
that eligible costs may not be more than the cost of the most
favorable financing terms reasonably available for the
project at the time of borrowing. The applicant shall
certify, in a way satisfactory to the Secretary, that the
applicant has shown reasonable diligence in seeking the most
favorable financing terms.
(iv) Completion of operable segment. - The amount
stipulated in an agreement under this paragraph for a fixed
guideway project shall be sufficient to complete at least an
operable segment.
(C) Before and after study. -
(i) In general. - A full funding grant agreement under this
paragraph shall require the applicant to conduct a study that
-
(I) describes and analyzes the impacts of the new fixed
guideway capital project on transit services and transit
ridership;
(II) evaluates the consistency of predicted and actual
project characteristics and performance; and
(III) identifies sources of differences between predicted
and actual outcomes.
(ii) Information collection and analysis plan. -
(I) Submission of plan. - Applicants seeking an agreement
under this paragraph shall submit a complete plan for the
collection and analysis of information to identify the
impacts of the new fixed guideway capital project and the
accuracy of the forecasts prepared during the development
of the project. Preparation of this plan shall be included
in the full funding grant agreement as an eligible
activity.
(II) Contents of plan. - The plan submitted under
subclause (I) shall provide for -
(aa) the collection of data on the current transit
system regarding transit service levels and ridership
patterns, including origins and destinations, access
modes, trip purposes, and rider characteristics;
(bb) documentation of the predicted scope, service
levels, capital costs, operating costs, and ridership of
the project;
(cc) collection of data on the transit system 2 years
after the opening of the new fixed guideway capital
project, including analogous information on transit
service levels and ridership patterns and information on
the as-built scope and capital costs of the project; and
(dd) analysis of the consistency of predicted project
characteristics with the after data.
(D) Collection of data on current system. - To be eligible
for a full funding grant agreement under this paragraph,
recipients shall have collected data on the current system,
according to the plan required, before the beginning of
construction of the proposed new start project. Collection of
this data shall be included in the full funding grant agreement
as an eligible activity.
(3) Early system work agreements. -
(A) Conditions. - The Secretary may make an early systems
work agreement with an applicant if a record of decision under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) has been issued on the project and the Secretary finds
there is reason to believe -
(i) a full funding grant agreement for the project will be
made; and
(ii) the terms of the work agreement will promote ultimate
completion of the project more rapidly and at less cost.
(B) Contents. -
(i) In general. - A work agreement under this paragraph
obligates an amount of available budget authority specified
in law and shall provide for reimbursement of preliminary
costs of carrying out the project, including land
acquisition, timely procurement of system elements for which
specifications are decided, and other activities the
Secretary decides are appropriate to make efficient, long-
term project management easier.
(ii) Period covered. - A work agreement under this
paragraph shall cover the period of time the Secretary
considers appropriate. The period may extend beyond the
period of current authorization.
(iii) Interest and other financing costs. - Interest and
other financing costs of efficiently carrying out the work
agreement within a reasonable time are a cost of carrying out
the agreement, except that eligible costs may not be more
than the cost of the most favorable financing terms
reasonably available for the project at the time of
borrowing. The applicant shall certify, in a way satisfactory
to the Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing terms.
(iv) Failure to carry out project. - If an applicant does
not carry out the project for reasons within the control of
the applicant, the applicant shall repay all Government
payments made under the work agreement plus reasonable
interest and penalty charges the Secretary establishes in the
agreement.
(4) Limitation on amounts. -
(A) Major capital investment grants contingent commitment
authority. - The total estimated amount of future obligations
of the Government and contingent commitments to incur
obligations covered by all outstanding letters of intent, full
funding grant agreements, and early systems work agreements
under this subsection for major new fixed guideway capital
projects may be not more than the greater of the amount
authorized under sections 5338(a)(3) and 5338(c) for such
projects or an amount equivalent to the last 3 fiscal years of
funding allocated under subsections (m)(1)(A) and (m)(2)(A)(ii)
for such projects, less an amount the Secretary reasonably
estimates is necessary for grants under this section for those
of such projects that are not covered by a letter or agreement.
The total amount covered by new letters and contingent
commitments included in full funding grant agreements and early
systems work agreements for such projects may be not more than
a limitation specified in law.
(B) Other contingent commitment authority. - The total
estimated amount of future obligations of the Government and
contingent commitments to incur obligations covered by all
project construction grant agreements and early system work
agreements under this subsection for small capital projects
described in subsection (e) may be not more than the greater of
the amount allocated under subsection (m)(2)(A)(i) for such
projects or an amount equivalent to the last fiscal year of
funding allocated under such subsection for such projects, less
an amount the Secretary reasonably estimates is necessary for
grants under this section for those of such projects that are
not covered by an agreement. The total amount covered by new
contingent commitments included in project construction grant
agreements and early systems work agreements for such projects
may be not more than a limitation specified in law.
(C) Inclusion of certain commitments. - Future obligations of
the Government and contingent commitments made against the
contingent commitment authority under section 3032(g)(2) of the
Intermodal Surface Transportation Efficiency Act of 1991 (106
Stat. 2125) (!1) for the San Francisco BART to the Airport
project for fiscal years 2002, 2003, 2004, 2005, and 2006 shall
be charged against section 3032(g)(2) of that Act.
(D) Appropriation required. - An obligation may be made under
this subsection only when amounts are appropriated for the
obligation.
(5) Notification of congress. - At least 60 days before issuing
a letter of intent or entering into a full funding grant
agreement or project construction grant agreement under this
section, the Secretary shall notify, in writing, the Committees
on Transportation and Infrastructure and Appropriations of the
House of Representatives and the Committees on Banking, Housing,
and Urban Affairs and Appropriations of the Senate of the
proposed letter or agreement. The Secretary shall include with
the notification a copy of the proposed letter or agreement as
well as the evaluations and ratings for the project.
(h) Government's Share of Net Project Cost. -
(1) In general. - Based on engineering studies, studies of
economic feasibility, and information on the expected use of
equipment or facilities, the Secretary shall estimate the net
project cost. A grant for the project shall be for 80 percent of
the net capital project cost, unless the grant recipient requests
a lower grant percentage.
(2) Adjustment for completion under budget. - The Secretary may
adjust the final net project cost of a new fixed guideway capital
project evaluated under subsections (d) and (e) to include the
cost of eligible activities not included in the originally
defined project if the Secretary determines that the originally
defined project has been completed at a cost that is
significantly below the original estimate.
(3) Maximum government share. - The Secretary may provide a
higher grant percentage than requested by the grant recipient if -

(A) the Secretary determines that the net project cost of the
project is not more than 10 percent higher than the net project
cost estimated at the time the project was approved for
advancement into preliminary engineering; and
(B) the ridership estimated for the project is not less than
90 percent of the ridership estimated for the project at the
time the project was approved for advancement into preliminary
engineering.
(4) Remainder of net project cost. - The remainder of net
project costs shall be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or reserve, or
new capital.
(5) Limitation on statutory construction. - Nothing in this
section, including paragraph (1) and subsections (d)(4)(B)(v) and
(e)(5), shall be construed as authorizing the Secretary to
require a non-Federal financial commitment for a project that is
more than 20 percent of the net capital project cost.
(6) Special rule for rolling stock costs. - In addition to
amounts allowed pursuant to paragraph (1), a planned extension to
a fixed guideway system may include the cost of rolling stock
previously purchased if the applicant satisfies the Secretary
that only amounts other than amounts of the Government were used
and that the purchase was made for use on the extension. A refund
or reduction of the remainder may be made only if a refund of a
proportional amount of the grant of the Government is made at the
same time.
(7) Limitation on applicability. - This subsection does not
apply to projects for which the Secretary has entered into a full
funding grant agreement before the date of enactment of the
Federal Public Transportation Act of 2005.
(i) Undertaking Projects in Advance. -
(1) In general. - The Secretary may pay the Government's share
of the net capital project cost to a State or local governmental
authority that carries out any part of a project described in
this section without the aid of amounts of the Government and
according to all applicable procedures and requirements if -
(A) the State or local governmental authority applies for the
payment;
(B) the Secretary approves the payment; and
(C) before carrying out the part of the project, the
Secretary approves the plans and specifications for the part in
the same way as other projects under this section.
(2) Financing costs. -
(A) In general. - The cost of carrying out part of a project
includes the amount of interest earned and payable on bonds
issued by the State or local governmental authority to the
extent proceeds of the bonds are expended in carrying out the
part.
(B) Limitation on amount of interest. - The amount of
interest under this paragraph may not be more than the most
favorable interest terms reasonably available for the project
at the time of borrowing.
(C) Certification. - The applicant shall certify, in a manner
satisfactory to the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable financial
terms.
(j) Availability of Amounts. -
(1) In general. - An amount made available or appropriated
under section 5338(a)(3)(C)(iii), 5338(a)(3)(C)(iv),
5338(b)(2)(E), or 5338(c) for replacement, rehabilitation, and
purchase of buses and related equipment and construction of bus-
related facilities or for new fixed guideway capital projects
shall remain available for 3 fiscal years, including the fiscal
year in which the amount is made available or appropriated. Any
of such amounts that are unobligated at the end of the 3-fiscal-
year period may be used by the Secretary for any purpose under
this section.
(2) Use of deobligated amounts. - An amount available under
this section that is deobligated may be used for any purpose
under this section.
(k) Reports on New Starts. -
(1) Annual report on funding recommendations. - Not later than
the first Monday in February of each year, the Secretary shall
submit to the Committees on Transportation and Infrastructure and
Appropriations of the House of Representatives and the Committees
on Banking, Housing, and Urban Affairs and Appropriations of the
Senate a report that includes -
(A) a proposal of allocations of amounts to be available to
finance grants for new fixed guideway capital projects among
applicants for these amounts;
(B) evaluations and ratings, as required under subsections
(d) and (e), for each such project that is authorized by the
Federal Public Transportation Act of 2005; and
(C) recommendations of such projects for funding based on the
evaluations and ratings and on existing commitments and
anticipated funding levels for the next 3 fiscal years based on
information currently available to the Secretary.
(2) Annual gao review. - The Comptroller General shall -
(A) conduct an annual review of -
(i) the processes and procedures for evaluating, rating,
and recommending new fixed guideway capital projects; and
(ii) the Secretary's implementation of such processes and
procedures; and
(B) report to Congress on the results of such review by May
31 of each year.
(l) Other Reports. -
(1) Before and after study reports. - Not later than the first
Monday of August of each year, the Secretary shall submit to the
committees referred to in subsection (k)(1) a report containing a
summary of the results of the studies conducted under subsection
(g)(2)(C).
(2) Contractor performance assessment report. -
(A) In general. - Not later than 180 days after the enactment
of the Federal Public Transportation Act of 2005, and each year
thereafter, the Secretary shall submit to the committees
referred to in subsection (k)(1) a report analyzing the
consistency and accuracy of cost and ridership estimates made
by each contractor to public transportation agencies developing
new fixed guideway capital projects.
(B) Contents. - The report submitted under subparagraph (A)
shall compare the cost and ridership estimates made at the time
projects are approved for entrance into preliminary engineering
with -
(i) estimates made at the time projects are approved for
entrance into final design;
(ii) costs and ridership when the project commences revenue
operation; and
(iii) costs and ridership when the project has been in
operation for 2 years.
(C) Considerations. - In making comparisons under
subparagraph (B), the Secretary shall consider factors having
an impact on costs and ridership not under the control of the
contractor. The Secretary shall also consider the role taken by
each contractor in the development of the project.
(3) Contractor performance incentive report. - Not later than
180 days after the enactment of the Federal Public Transportation
Act of 2005, the Secretary shall submit to the committees
referred to in subsection (k)(1) a report on the suitability of
allowing contractors to public transportation agencies that
undertake new fixed guideway capital projects under this section
to receive performance incentive awards if a project is completed
for less than the original estimated cost.
(m) Allocating Amounts. -
(1) Fiscal year 2005. - Of the amounts made available or
appropriated for fiscal year 2005 under section 5338(a)(3) -
(A) $1,437,829,600 shall be allocated for new fixed capital
projects under subsection (d);
(B) $1,204,684,800 shall be allocated for capital projects
for fixed guideway modernization; and
(C) $669,600,000 shall be allocated for capital projects for
buses and bus-related equipment and facilities.
(2) Fiscal years 2006 through 2009. - The amounts made
available or appropriated for fiscal years 2006 through 2009
under sections 5338(b) and 5338(c) shall be allocated as follows:
(A) Major capital investment grants. - Of the amounts
appropriated under section 5338(c) -
(i) $200,000,000 for each of fiscal years 2007 through 2009
shall be allocated for projects for new fixed guideway
capital projects of less than $75,000,000 in accordance with
subsection (e); and
(ii) the remainder shall be allocated for major new fixed
guideway capital projects in accordance with subsection (d).
(B) Fixed guideway modernization. - The amounts made
available under section 5338(b)(2)(D) shall be allocated for
capital projects for fixed guideway modernization.
(C) Buses and bus-related equipment and facilities. - The
amounts made available under section 5338(b)(2)(E) shall be
allocated for capital projects for buses and bus-related
equipment and facilities.
(3) Fixed guideway modernization. - The amounts made available
for fixed guideway modernization under section 5338(b)(2)(D) for
fiscal year 2006 and each fiscal year thereafter shall be
allocated in accordance with section 5337.
(4) Preliminary engineering and alternatives analysis. - Not
more that 8 percent of the allocation described in paragraph
(1)(A) may be expended on alternatives analysis and preliminary
engineering.
(5) Preliminary engineering. - Not more than 8 percent of the
allocation described in paragraph (2)(A) may be expended on
preliminary engineering.
(6) Funding for ferry boats. - Of the amounts described in
paragraphs (1)(A) and (2)(A) -
(A) $10,400,000 shall be available in fiscal year 2005 for
capital projects in Alaska and Hawaii for new fixed guideway
systems and extension projects utilizing ferry boats, ferry
boat terminals, or approaches to ferry boat terminals;
(B) $15,000,000 shall be available in each of fiscal years
2006 through 2009 for capital projects in Alaska and Hawaii for
new fixed guideway ferry systems and extension projects
utilizing ferry boats, ferry boat terminals, or approaches to
ferry boat terminals; and
(C) $5,000,000 shall be available for each of fiscal years
2006 though 2009 for payments to the Denali Commission under
the terms of section 307(e) of the Denali Commission Act of
1998 (42 U.S.C. 3121 note) for docks, waterfront development
projects, and related transportation infrastructure.
(7) Bus and bus facility grants. - The amounts made available
under paragraphs (1)(C) and (2)(C) shall be allocated as follows:
(A) Ferry boat systems. - $10,000,000 shall be available in
each of fiscal years 2006 through 2009 for ferry boats or ferry
terminal facilities. Of such funds, the following amounts shall
be set aside for each fiscal year:
(i) $2,500,000 for the San Francisco Water Transit
Authority.
(ii) $2,500,000 for the Massachusetts Bay Transportation
Authority Ferry System.
(iii) $1,000,000 for the Camden, New Jersey Ferry System.
(iv) $1,000,000 for the Governor's Island, New York Ferry
System (!2)
(v) $1,000,000 for the Philadelphia Penn's Landing Ferry
Terminal.
(vi) $1,000,000 for the Staten Island Ferry.
(vii) $650,000 for the Maine State Ferry Service, Rockland.
(viii) $350,000 for the Swans Island, Maine Ferry Service.
(B) Fuel cell bus program. - The following amounts shall be
set aside for the national fuel cell bus technology development
program under section 3039 of the Federal Public Transportation
Act of 2005: (!1)
(i) $11,250,000 for fiscal year 2006.
(ii) $11,500,000 for fiscal year 2007.
(iii) $12,750,000 for fiscal year 2008.
(iv) $13,500,000 for fiscal year 2009.
(C) Projects not in urbanized areas. - Not less than 5.5
percent shall be available in each fiscal year for projects
that are not in urbanized areas.
(D) Intermodal terminals. - Not less than $35,000,000 shall
be available in each fiscal year for intermodal terminal
projects, including the intercity bus portion of such projects.
(E) Bus testing. - $3,000,000 shall be available in each
fiscal year for bus testing under section 5318.
(8) Bus and bus facility grant considerations. - In making
grants under paragraphs (1)(C) and (2)(C), the Secretary shall
consider the age and condition of buses, bus fleets, related
equipment, and bus-related facilities.