49 U.S.C. § 5324
Section 5324 · Special provisions for capital projects
Current version, with additions and removals from the August 10, 2005 version.
(a) Relocation and Real Property Requirements.—The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to financial assistance for capital projects under this chapter.
(b) Consideration of Economic, Social, and Environmental Interests.—
(1) Cooperation and consultation.—In carrying out the policy of section 5301(e), the Secretary shall cooperate and consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency on each project that may have a substantial impact on the environment.
(2) Public participation in environmental reviews.—In performing environmental reviews, the Secretary shall review each transcript of a hearing submitted under section 5323(b) to establish that an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest in the project, and that the project application includes a record of—
(A) the environmental impact of the proposal;
(B) adverse environmental effects that cannot be avoided;
(C) alternatives to the proposal; and
(D) irreversible and irretrievable impacts on the environment.
(3) Approval of applications for assistance.—
(A) Findings by the secretary.—The Secretary may approve an application for financial assistance for a capital project in accordance with this chapter only if the Secretary makes written findings, after reviewing the application and the transcript of any hearing held before a State or local governmental authority under section 5323(b), that—
(i) an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest;
(ii) the preservation and enhancement of the environment and the interest of the community in which the project is located were considered; and
(iii) no adverse environmental effect is likely to result from the project, or no feasible and prudent alternative to the effect exists and all reasonable steps have been taken to minimize the effect.
(B) Hearing.—If a hearing has not been conducted or the Secretary decides that the record of the hearing is inadequate for making the findings required by this subsection, the Secretary shall conduct a hearing on an environmental issue raised by the application after giving adequate notice to interested persons.
(C) Availability of findings.—The Secretary's findings under subparagraph (A) shall be made a matter of public record.
(c) Railroad Corridor Preservation.—
(1) In general.—The Secretary may assist an applicant to acquire railroad right-of-way before the completion of the environmental reviews for any project that may use the right-of-way if the acquisition is otherwise permitted under Federal law. The Secretary may establish restrictions on such an acquisition as the Secretary determines to be necessary and appropriate.
(2) Environmental reviews.—Railroad right-of-way acquired under this subsection may not be developed in anticipation of the project until all required environmental reviews for the project have been completed.
In this section the following definitions shall apply:
The term “eligible operating costs” means costs relating to—
evacuation services;
rescue operations;
temporary public transportation service; or
reestablishing, expanding, or relocating public transportation route service before, during, or after an emergency.
The term “emergency” means a natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, as a result of which—
the Governor of a State has declared an emergency and the Secretary has concurred; or
the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
The Secretary may make grants and enter into contracts and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) for—
capital projects to protect, repair, reconstruct, or replace equipment and facilities of a public transportation system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suffering serious damage, or has suffered serious damage, as a result of an emergency; and
eligible operating costs of public transportation equipment and facilities in an area directly affected by an emergency during—
the 1-year period beginning on the date of a declaration described in subsection (a)(2); or
if the Secretary determines there is a compelling need, the 2-year period beginning on the date of a declaration described in subsection (a)(2).
Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter.
The provision of funds under this section shall not affect the ability of any other agency of the Government, including the Federal Emergency Management Agency, or a State agency, a local governmental entity, organization, or person, to provide any other funds otherwise authorized by law.
The Secretary shall notify the Secretary of Homeland Security of the purpose and amount of any grant made or contract or other agreement entered into under this section.
A grant awarded under this section or under section 5307 or 5311 that is made to address an emergency defined under subsection (a)(2) shall be—
subject to the terms and conditions the Secretary determines are necessary; and
made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
A grant, contract, or other agreement for a capital project or eligible operating costs under this section shall be, at the option of the recipient, for not more than 80 percent of the net project cost, as determined by the Secretary.
The remainder of the net project cost may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.
The Secretary may waive, in whole or part, the non-Federal share required under—
paragraph (2); or
section 5307 or 5311, in the case of a grant made available under section 5307 or 5311, respectively, to address an emergency.
Before receiving a grant under this section following an emergency, an applicant shall—
submit to the Secretary documentation demonstrating proof of insurance required under Federal law for all structures related to the grant application; and
certify to the Secretary that the applicant has insurance required under State law for all structures related to the grant application.