49 U.S.C. § 5320 : US Code - Section 5320: Alternative transportation in parks and public lands

Search 49 U.S.C. § 5320 : US Code - Section 5320: Alternative transportation in parks and public lands

(a) In General. -
(1) Authorization. -
(A) In general. - The Secretary, in consultation with the
Secretary of the Interior, may award a grant or enter into a
contract, cooperative agreement, interagency agreement, intra-
agency agreement, or other agreement to carry out a qualified
project under this section to enhance the protection of
national parks and public lands and increase the enjoyment of
those visiting the parks and public lands by -
(i) ensuring access to all, including persons with
disabilities;
(ii) improving conservation and park and public land
opportunities in urban areas through partnering with State
and local governments; and
(iii) improving park and public land transportation
infrastructure.
(B) Consultation with other agencies. - To the extent that
projects are proposed or funded in eligible areas that are not
within the jurisdiction of the Department of the Interior, the
Secretary of the Interior shall consult with the heads of the
relevant Federal land management agencies in carrying out the
responsibilities under this section.
(2) Use of funds. - A grant, cooperative agreement, interagency
agreement, intra-agency agreement, or other agreement for a
qualified project under this section shall be available to
finance the leasing of equipment and facilities for use in public
transportation, subject to any regulation that the Secretary may
prescribe limiting the grant or agreement to leasing arrangements
that are more cost-effective than purchase or construction.
(3) Alternative transportation facilities and services. -
Projects receiving assistance under this section shall provide
alternative transportation facilities and services that
complement and enhance existing transportation services in
national parks and public lands in a manner that is consistent
with Department of Interior and other public land management
policies regarding private automobile access to and in such parks
and lands.
(b) Definitions. - In this section, the following definitions
apply:
(1) Eligible area. - The term "eligible area" means any
federally owned or managed park, refuge, or recreational area
that is open to the general public, including -
(A) a unit of the National Park System;
(B) a unit of the National Wildlife Refuge System;
(C) a recreational area managed by the Bureau of Land
Management;
(D) a recreation area managed by the Bureau of Reclamation;
and
(E) a unit of the National Forest System.
(2) Federal land management agency. - The term "Federal land
management agency" means a Federal agency that manages an
eligible area.
(3) Alternative transportation. - The term "alternative
transportation" means transportation by bus, rail, or any other
publicly or privately owned conveyance that provides to the
public general or special service on a regular basis, including
sightseeing service. Such term also includes a nonmotorized
transportation system (including the provision of facilities for
pedestrians, bicycles, and nonmotorized watercraft).
(4) Qualified participant. - The term "qualified participant"
means -
(A) a Federal land management agency; or
(B) a State, tribal, or local governmental authority with
jurisdiction over land in the vicinity of an eligible area
acting with the consent of the Federal land management agency,
alone or in partnership with a Federal land management agency
or other governmental or nongovernmental participant.
(5) Qualified project. - The term "qualified project" means a
planning or capital project in or in the vicinity of an eligible
area that -
(A) is an activity described in section 5302(a)(1)(A), 5303,
5304, 5305, or 5309(b);
(B) involves -
(i) the purchase of rolling stock that incorporates clean
fuel technology or the replacement of buses of a type in use
on the date of enactment of the Federal Public Transportation
Act of 2005 with clean fuel vehicles; or
(ii) the deployment of alternative transportation vehicles
that introduce innovative technologies or methods;
(C) relates to the capital costs of coordinating the Federal
land management agency public transportation systems with other
public transportation systems;
(D) provides a nonmotorized transportation system (including
the provision of facilities for pedestrians, bicycles, and
nonmotorized watercraft);
(E) provides waterborne access within or in the vicinity of
an eligible area, as appropriate to and consistent with this
section; or
(F) is any other alternative transportation project that -
(i) enhances the environment;
(ii) prevents or mitigates an adverse impact on a natural
resource;
(iii) improves Federal land management agency resource
management;
(iv) improves visitor mobility and accessibility and the
visitor experience;
(v) reduces congestion and pollution (including noise
pollution and visual pollution); or
(vi) conserves a natural, historical, or cultural resource
(excluding rehabilitation or restoration of a non-
transportation facility).
(c) Federal Agency Cooperative Arrangements. - The Secretary
shall develop cooperative arrangements with the Secretary of the
Interior that provide for -
(1) technical assistance in alternative transportation;
(2) interagency and multidisciplinary teams to develop Federal
land management agency alternative transportation policy,
procedures, and coordination; and
(3) the development of procedures and criteria relating to the
planning, selection, and funding of qualified projects and the
implementation and oversight of the program of projects in
accordance with this section.
(d) Limitation on Use of Available Amounts. -
(1) In general. - The Secretary, in consultation with the
Secretary of the Interior, may use not more than 10 percent of
the amount made available for a fiscal year under section
5338(b)(2)(J) to carry out planning, research, and technical
assistance under this section, including the development of
technology appropriate for use in a qualified project.
(2) Additional amounts. - Amounts made available under this
subsection are in addition to amounts otherwise available to the
Secretary to carry out planning, research, and technical
assistance under this chapter or any other provision of law.
(3) Maximum amount. - No qualified project shall receive more
than 25 percent of the total amount made available to carry out
this section under section 5338(b)(2)(J) for any fiscal year.
(e) Planning Process. - In undertaking a qualified project under
this section -
(1) if the qualified participant is a Federal land management
agency -
(A) the Secretary, in cooperation with the Secretary of the
Interior, shall develop transportation planning procedures that
are consistent with -
(i) the metropolitan planning provisions under section
5303;
(ii) the statewide planning provisions under section 5304;
and
(iii) the public participation requirements under section
5307(d); and
(B) in the case of a qualified project that is at a unit of
the National Park System, the planning process shall be
consistent with the general management plans of the unit of the
National Park System; and
(2) if the qualified participant is a State or local
governmental authority, or more than one State or local
governmental authority in more than one State, the qualified
participant shall -
(A) comply with the metropolitan planning provisions under
section 5303;
(B) comply with the statewide planning provisions under
section 5304;
(C) comply with the public participation requirements under
section 5307(d); and
(D) consult with the appropriate Federal land management
agency during the planning process.
(f) Cost Sharing. -
(1) Government's share. - The Secretary, in cooperation with
the Secretary of the Interior, shall establish the Government's
share of the net project cost to be provided to a qualified
participant under this section.
(2) Considerations. - In establishing the Government's share of
the net project cost to be provided under this section, the
Secretary shall consider -
(A) visitation levels and the revenue derived from user fees
in the eligible area in which the qualified project is carried
out;
(B) the extent to which the qualified participant coordinates
with a public transportation authority or private entity
engaged in public transportation;
(C) private investment in the qualified project, including
the provision of contract services, joint development
activities, and the use of innovative financing mechanisms;
(D) the clear and direct benefit to the qualified
participant; and
(E) any other matters that the Secretary considers
appropriate to carry out this section.
(3) Special rule. - Notwithstanding any other provision of law,
funds appropriated to any Federal land management agency may be
counted toward the remainder of the net project cost.
(g) Selection of Qualified Projects. -
(1) In general. - The Secretary of the Interior, after
consultation with and in cooperation with the Secretary, shall
determine the final selection and funding of an annual program of
qualified projects in accordance with this section.
(2) Considerations. - In determining whether to include a
project in the annual program of qualified projects, the
Secretary of the Interior shall consider -
(A) the justification for the qualified project, including
the extent to which the qualified project would conserve
resources, prevent or mitigate adverse impact, and enhance the
environment;
(B) the location of the qualified project, to ensure that the
selected qualified projects -
(i) are geographically diverse nationwide; and
(ii) include qualified projects in eligible areas located
in both urban areas and rural areas;
(C) the size of the qualified project, to ensure that there
is a balanced distribution;
(D) the historical and cultural significance of a qualified
project;
(E) safety;
(F) the extent to which the qualified project would -
(i) enhance livable communities;
(ii) reduce pollution (including noise pollution, air
pollution, and visual pollution);
(iii) reduce congestion; and
(iv) improve the mobility of people in the most efficient
manner; and
(G) any other matters that the Secretary of the Interior
considers appropriate to carry out this section, including -
(i) visitation levels;
(ii) the use of innovative financing or joint development
strategies; and
(iii) coordination with gateway communities.
(h) Qualified Projects Carried Out in Advance. -
(1) In general. - When a qualified participant carries out any
part of a qualified project without assistance under this section
in accordance with all applicable procedures and requirements,
the Secretary, in consultation with the Secretary of the
Interior, may pay the share of the net capital project cost of a
qualified project if -
(A) the qualified participant applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out that part of the qualified project,
the Secretary approves the plans and specifications in the same
manner as plans and specifications are approved for other
projects assisted under this section.
(2) Financing costs. -
(A) In general. - The cost of carrying out part of a
qualified project under paragraph (1) includes the amount of
interest earned and payable on bonds issued by a State or local
governmental authority, to the extent that proceeds of the bond
are expended in carrying out that part.
(B) Limitation on amount of interest. - The rate of interest
under this paragraph may not exceed the most favorable rate
reasonably available for the qualified project at the time of
borrowing.
(C) Certification. - The qualified participant shall certify,
in a manner satisfactory to the Secretary, that the qualified
participant has exercised reasonable diligence in seeking the
most favorable interest rate.
(i) Relationship to Other Laws. -
(1) Section 5307. - A qualified participant under this section
shall be subject to the requirements of sections 5307 and 5333(a)
to the extent the Secretary determines to be appropriate.
(2) Other requirements. - A qualified participant under this
section shall be subject to any other requirements that the
Secretary determines to be appropriate to carry out this section,
including requirements for the distribution of proceeds on
disposition of real property and equipment resulting from a
qualified project assisted under this section.
(3) Project management plan. - If the amount of assistance
anticipated to be required for a qualified project under this
section is not less than $25,000,000 -
(A) the qualified project shall, to the extent the Secretary
considers appropriate, be carried out through a full funding
grant agreement in accordance with section 5309(g); and
(B) the qualified participant shall prepare a project
management plan in accordance with section 5327(a).
(j) Asset Management. - The Secretary, in consultation with the
Secretary of the Interior, may transfer the interest of the
Department of Transportation in, and control over, all facilities
and equipment acquired under this section to a qualified
participant for use and disposition in accordance with any property
management regulations that the Secretary determines to be
appropriate.
(k) Coordination of Research and Deployment of New Technologies. -

(1) Grants and other assistance. - The Secretary, in
cooperation with the Secretary of the Interior, may undertake, or
make grants, cooperative agreements, contracts (including
agreements with departments, agencies, and instrumentalities of
the Federal Government) or other agreements for research,
development, and deployment of new technologies in eligible areas
that will -
(A) conserve resources;
(B) prevent or mitigate adverse environmental impact;
(C) improve visitor mobility, accessibility, and enjoyment;
and
(D) reduce pollution (including noise pollution and visual
pollution).
(2) Information. - The Secretary may request and receive
appropriate information from any source.
(3) Funding. - Grants, cooperative agreements, contracts, and
other agreements under paragraph (1) shall be awarded from
amounts allocated under subsection (d)(1).
(l) Innovative Financing. - A qualified project receiving
financial assistance under this section shall be eligible for
funding through a State infrastructure bank or other innovative
financing mechanism available to finance an eligible project under
this chapter.
(m) Reports. -
(1) In general. - The Secretary, in consultation with the
Secretary of the Interior, shall annually submit a report on the
allocation of amounts made available to assist qualified projects
under this section to -
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(B) the Committee on Transportation and Infrastructure of the
House of Representatives; and
(C) the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate.
(2) Annual reports. - The report required under paragraph (1)
shall be included in the report submitted under section
5309(k)(1).