49 U.S.C. § 5334 : US Code - Section 5334: Administrative provisions

Search 49 U.S.C. § 5334 : US Code - Section 5334: Administrative provisions

(a) General Authority. - In carrying out this chapter, the
Secretary of Transportation may -
(1) prescribe terms for a project under sections 5307 and 5309-
5311 of this title (except terms the Secretary of Labor
prescribes under section 5333(b) of this title);
(2) sue and be sued;
(3) foreclose on property or bring a civil action to protect or
enforce a right conferred on the Secretary of Transportation by
law or agreement;
(4) buy property related to a loan under this chapter;
(5) agree to pay an annual amount in place of a State or local
tax on real property acquired or owned under this chapter;
(6) sell, exchange, or lease property, a security, or an
obligation;
(7) obtain loss insurance for property and assets the Secretary
of Transportation holds;
(8) consent to a modification in an agreement under this
chapter;
(9) include in an agreement or instrument under this chapter a
covenant or term the Secretary of Transportation considers
necessary to carry out this chapter;
(10) collect fees to cover the costs of training or
conferences, including costs of promotional materials, sponsored
by the Federal Transit Administration to promote public
transportation and credit amounts collected to the appropriation
concerned; and
(11) issue regulations as necessary to carry out the purposes
of this chapter.
(b) Prohibitions Against Regulating Operations and Charges. -
(1) In general. - Except for purposes of national defense or in
the event of a national or regional emergency, the Secretary may
not regulate the operation, routes, or schedules of a public
transportation system for which a grant is made under this
chapter, nor may the Secretary regulate the rates, fares, tolls,
rentals, or other charges prescribed by any provider of public
transportation.
(2) Limitation on statutory construction. - Nothing in this
subsection shall be construed to prevent the Secretary from
requiring a recipient of funds under this chapter to comply with
the terms and conditions of its Federal assistance agreement.
(c) Procedures for Prescribing Regulations. - (1) The Secretary
of Transportation shall prepare an agenda listing all areas in
which the Secretary intends to propose regulations governing
activities under this chapter within the following 12 months. The
Secretary shall publish the proposed agenda in the Federal Register
as part of the Secretary's semiannual regulatory agenda that lists
regulatory activities of the Federal Transit Administration. The
Secretary shall submit the agenda 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 on the day the
agenda is published.
(2) Except for emergency regulations, the Secretary of
Transportation shall give interested parties at least 60 days to
participate in a regulatory proceeding under this chapter by
submitting written information, views, or arguments, with or
without an oral presentation, except when the Secretary for good
cause finds that public notice and comment are unnecessary because
of the routine nature or insignificant impact of the regulation or
that an emergency regulation should be issued. The Secretary may
extend the 60-day period if the Secretary decides the period is
insufficient to allow diligent individuals to prepare comments or
that other circumstances justify an extension.
(3) An emergency regulation ends 120 days after it is issued.
(4) The Secretary of Transportation shall comply with this
section (except subsection (i)) and sections 5318(e), 5323(a)(2),
5325(a), 5325(b), and 5325(f) when proposing or carrying out a
regulation governing an activity under this chapter, except for a
routine matter or a matter with no significant impact.
(d) Budget Program and Set of Accounts. - The Secretary of
Transportation shall -
(1) submit each year a budget program as provided in section
9103 of title 31; and
(2) maintain a set of accounts for audit under chapter 35 of
title 31.
(e) Depository and Availability of Amounts. - The Secretary of
Transportation shall deposit amounts made available to the
Secretary under this chapter in a checking account in the Treasury.
Receipts, assets, and amounts obtained or held by the Secretary to
carry out this chapter are available for administrative expenses to
carry out this chapter.
(f) Binding Effect of Financial Transaction. - A financial
transaction of the Secretary of Transportation under this chapter
and a related voucher are binding on all officers and employees of
the United States Government.
(g) Dealing With Acquired Property. - Notwithstanding another law
related to the Government acquiring, using, or disposing of real
property, the Secretary of Transportation may deal with property
acquired under subsection (a)(3) or (4) of this section in any way.
However, this subsection does not -
(1) deprive a State or political subdivision of a State of
jurisdiction of the property; or
(2) impair the civil rights, under the laws of a State or
political subdivision of a State, of an inhabitant of the
property.
(h) Transfer of Assets No Longer Needed. - (1) If a recipient of
assistance under this chapter decides an asset acquired under this
chapter at least in part with that assistance is no longer needed
for the purpose for which it was acquired, the Secretary of
Transportation may authorize the recipient to transfer the asset to
a local governmental authority to be used for a public purpose with
no further obligation to the Government. The Secretary may
authorize a transfer for a public purpose other than public
transportation only if the Secretary decides -
(A) the asset will remain in public use for at least 5 years
after the date the asset is transferred;
(B) there is no purpose eligible for assistance under this
chapter for which the asset should be used;
(C) the overall benefit of allowing the transfer is greater
than the interest of the Government in liquidation and return of
the financial interest of the Government in the asset, after
considering fair market value and other factors; and
(D) through an appropriate screening or survey process, that
there is no interest in acquiring the asset for Government use if
the asset is a facility or land.
(2) A decision under paragraph (1) of this section must be in
writing and include the reason for the decision.
(3) This subsection is in addition to another law related to
using and disposing of a facility or equipment under an assistance
agreement.
(4) Proceeds from the sale of transit assets. -
(A) In general. - When real property, equipment, or supplies
acquired with assistance under this chapter are no longer needed
for public transportation purposes as determined under the
applicable assistance agreement, the Secretary may authorize the
sale, transfer, or lease of the assets under conditions
determined by the Secretary and subject to the requirements of
this subsection.
(B) Use. - The net income from asset sales, uses, or leases
(including lease renewals) under this subsection shall be used by
the recipient to reduce the gross project cost of other capital
projects carried out under this chapter.
(C) Relationship to other authority. - The authority of the
Secretary under this subsection is in addition to existing
authorities controlling allocation or use of recipient income
otherwise permissible in law or regulation in effect prior to the
date of enactment of this paragraph.
(i) Transfer of Amounts and Non-Government Share. - (1) Amounts
made available for a public transportation project under title 23
shall be transferred to and administered by the Secretary of
Transportation under this chapter. Amounts made available for a
highway project under this chapter shall be transferred to and
administered by the Secretary under title 23.
(2) The provisions of title 23 related to the non-Government
share apply to amounts under title 23 used for public
transportation projects. The provisions of this chapter related to
the non-Government share apply to amounts under this chapter used
for highway projects.
(j) Relationship to Other Laws. - (1) Section 9107(a) of title 31
applies to the Secretary of Transportation under this chapter.
(2) Section 3709 of the Revised Statutes (41 U.S.C. 5) applies to
a contract for more than $1,000 for services or supplies related to
property acquired under this chapter.
(k) Notification of Pending Discretionary Grants. - Not less than
3 full business days before announcement of award by the Secretary
of any discretionary grant, letter of intent, or full funding grant
agreement totaling $1,000,000 or more, the Secretary shall notify
the Committees on Banking, Housing, and Urban Affairs and
Appropriations of the Senate and Committees on Transportation and
Infrastructure and Appropriations of the House of Representatives.
(l) Agency Statements. -
(1) In general. - The Administrator of the Federal Transit
Administration shall follow applicable rulemaking procedures
under section 553 of title 5 before the Federal Transit
Administration issues a statement that imposes a binding
obligation on recipients of Federal assistance under this
chapter.
(2) Binding obligation defined. - In this subsection, the term
"binding obligation" means a substantive policy statement, rule,
or guidance document issued by the Federal Transit Administration
that grants rights, imposes obligations, produces significant
effects on private interests, or effects a significant change in
existing policy.