49 U.S.C. § 5328 : US Code - Section 5328: Project review

Search 49 U.S.C. § 5328 : US Code - Section 5328: Project review

(a) Schedule. -
(1) Alternatives analysis. - The Secretary shall cooperate with
an applicant undertaking an alternatives analysis required by
subsections (d) and (e) of section 5309 in the 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) Advancement to preliminary engineering stage. - 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 meets the requirements
of subsection (d) or (e) of section 5309.
(3) Record of decision. - The Secretary shall issue a record of
decision and allow a project to advance to the final design stage
not later than 120 days after the final environmental impact
statement for the project is completed if the Secretary
determines that the project meets the requirements of subsection
(d) or (e) of section 5309.
(4) Funding agreements. - The Secretary shall enter into a full
funding grant agreement or project construction grant agreement,
as appropriate, between the Government and the project sponsor if
the Secretary determines that the project meets the requirements
of subsection (d) or (e) of section 5309.
(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.