23 USC 322 - Magnetic levitation transportation technology deployment program

Editorial Notes

References in Text

Section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (a)(4), is section 1036 of Puspan. L. 102–240, title I, Dec. 18, 1991, 105 Stat. 1978, which enacted section 309 of Title 49, Transportation, amended section 831 of Title 45, Railroads, and section 302 of Title 49, and enacted provisions set out as notes under section 831 of Title 45 and section 309 of Title 49.

The date of enactment of this subsection, referred to in subsec. (c), is the date of enactment of Puspan. L. 105–178, which was approved June 9, 1998.

The Transportation Equity Act for the 21st Century, referred to in subsec. (h)(4), is Puspan. L. 105–178, June 9, 1998, 112 Stat. 107. For complete classification of this Act to the Code, see section 1(a) of Puspan. L. 105–178, set out as a Short Title of 1998 Amendment note under section 101 of this title and Tables.

Prior Provisions

A prior section 322, added Puspan. L. 91–605, title II, § 205(a), Dec. 31, 1970, 84 Stat. 1742; amended Puspan. L. 93–643, § 117, Jan. 4, 1975, 88 Stat. 2288; Puspan. L. 97–449, § 5(d)(3), Jan. 12, 1983, 96 Stat. 2442, related to demonstration projects for elimination or protection of certain ground-level rail-highway crossings and required study of problem of providing increased highway safety at public and private ground-level rail-highway crossings on nationwide basis through elimination of such crossings or otherwise, and report to Congress on such study not later than July 1, 1972, prior to repeal by Puspan. L. 100–17, title I, § 133(e)(1), Apr. 2, 1987, 101 Stat. 173.

Amendments

2015—Subsec. (h)(3). Puspan. L. 114–94 substituted “surface transportation block grant program” for “surface transportation program”.

1998—Subsec. (a)(3). Puspan. L. 105–178, § 1218(c)(1), as added by Puspan. L. 105–206, § 9003(i), struck out “or under 50 miles per hour” before period at end.

Subsec. (d)(1). Puspan. L. 105–178, § 1218(c)(2)(A), as added by Puspan. L. 105–206, § 9003(i), struck out “or low-speed” after “high-speed”.

Subsec. (d)(2)(A). Puspan. L. 105–178, § 1218(c)(2)(B)(i), as added by Puspan. L. 105–206, § 9003(i), substituted “(h)(1)” for “(h)(1)(A)”.

Subsec. (d)(2)(B). Puspan. L. 105–178, § 1218(c)(2)(B)(ii), as added by Puspan. L. 105–206, § 9003(i), substituted “(h)(3)” for “(h)(4)”.

Subsec. (h)(1)(B)(i). Puspan. L. 105–178, § 1218(c)(3), as added by Puspan. L. 105–206, § 9003(i), inserted “(other than subsection (i))” after “this section”.

Subsec. (i). Puspan. L. 105–178, § 1218(c)(4), as added by Puspan. L. 105–206, § 9003(i), added subsec. (i).

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 1998 Amendment

Title IX of Puspan. L. 105–206 effective simultaneously with enactment of Puspan. L. 105–178 and to be treated as included in Puspan. L. 105–178 at time of enactment, and provisions of Puspan. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Puspan. L. 105–206 to be treated as not enacted, see section 9016 of Puspan. L. 105–206, set out as a note under section 101 of this title.

Deployment of Magnetic Levitation Transportation Projects

Puspan. L. 114–94, div. A, title XI, § 11315(c), Dec. 4, 2015, 129 Stat. 1675, as amended by Puspan. L. 117–58, div. B, title I, § 21301(j)(2), Nov. 15, 2021, 135 Stat. 691, provided that: “A project described in 1307(a)(3) of SAFETEA–LU (Public Law 109–59) [set out below] may be eligible for the Railroad Rehabilitation and Improvement Financing program if the Secretary [of Transportation] determines such project meets the requirements of sections 22402 and 22403 of title 49, United States Code.”

Puspan. L. 109–59, title I, § 1307, Aug. 10, 2005, 119 Stat. 1217, as amended by Puspan. L. 110–244, title I, § 102(span), (c), June 6, 2008, 122 Stat. 1577, provided that:

“(a)Definitions.—In this section, the following definitions apply:

“(1)Eligible project costs.—The term ‘eligible project costs’—

“(A) means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers, guideways, propulsion equipment and other components attached to guideways, power distribution facilities (including substations), control and communications facilities, access roads, and storage, repair, and maintenance facilities, but not including costs incurred for a new station; and

“(B) includes the costs of preconstruction planning activities.

“(2)Full project costs.—The term ‘full project costs’ means the total capital costs of a MAGLEV project, including eligible project costs and the costs of stations, vehicles, and equipment.

“(3) MAGLEV.—The term ‘MAGLEV’ means transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour.

“(4)State.—The term ‘State’ has the meaning such term has under section 101(a) of title 23, United States Code.

“(span)In General.—

“(1)Assistance for eligible projects.—The Secretary [of Transportation] shall make available financial assistance to pay the Federal share of full project costs of eligible projects authorized by this section.

“(2)Use of assistance.—Financial assistance provided under paragraph (1) shall be used only to pay eligible project costs of projects authorized by this section.

“(3)Applicability of other laws.—Financial assistance made available under this section, and projects assisted with such assistance, shall be subject to section 5333(a) of title 49, United States Code.

“(c)Project Eligibility.—To be eligible to receive financial assistance under subsection (span), a project shall—

“(1) involve a segment or segments of a high-speed ground transportation corridor;

“(2) result in an operating transportation facility that provides a revenue producing service; and

“(3) be approved by the Secretary [of Transportation] based on an application submitted to the Secretary by a State or authority designated by one or more States.

“(d)Allocation.—Of the amounts made available to carry out this section for a fiscal year, the Secretary [of Transportation] shall allocate—

“(1) 50 percent to the Nevada department of transportation who shall cooperate with the California-Nevada Super Speed Train Commission for the MAGLEV project between Las Vegas and Primm, Nevada, as a segment of the high-speed MAGLEV system between Las Vegas, Nevada, and Anaheim, California; and

“(2) 50 percent for existing MAGLEV projects located east of the Mississippi River using such criteria as the Secretary deems appropriate.

“(e)Contract Authority.—Funds authorized under section 1101(a)(18) [119 Stat. 1155] shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project to be carried out with such funds shall be 80 percent.”

[Puspan. L. 110–244, title I, § 102(d), June 6, 2008, 122 Stat. 1578, provided that: “The amendments made by this section [amending section 1307 of Puspan. L. 109–59, set out above] take effect on October 1, 2007.”]

Advanced Technology Pilot Project

Puspan. L. 105–178, title III, § 3015(c), June 9, 1998, 112 Stat. 361, as amended by Puspan. L. 105–206, title IX, § 9009(k)(1), July 22, 1998, 112 Stat. 857; Puspan. L. 108–88, § 8(q), Sept. 30, 2003, 117 Stat. 1125; Puspan. L. 108–202, § 9(q), Fespan. 29, 2004, 118 Stat. 489; Puspan. L. 108–224, § 7(q), Apr. 30, 2004, 118 Stat. 637; Puspan. L. 108–263, § 7(q), June 30, 2004, 118 Stat. 708; Puspan. L. 108–280, § 7(q), July 30, 2004, 118 Stat. 885; Puspan. L. 108–310, § 8(q), Sept. 30, 2004, 118 Stat. 1158; Puspan. L. 109–14, § 7(p), May 31, 2005, 119 Stat. 334; Puspan. L. 109–20, § 7(p), July 1, 2005, 119 Stat. 356; Puspan. L. 109–35, § 7(p), July 20, 2005, 119 Stat. 389; Puspan. L. 109–37, § 7(p), July 22, 2005, 119 Stat. 404; Puspan. L. 109–40, § 7(p), July 28, 2005, 119 Stat. 420, provided that:

“(1)In general.—The Secretary shall make grants for the development of low speed magnetic levitation technology for public transportation purposes in urban areas to demonstrate energy efficiency, congestion mitigation, and safety benefits.

“(2)Funding.—Of the amounts made available under section 5001(a)(2) of this Act [112 Stat. 419] for each of fiscal years 1998 through 2004, and for the period of October 1, 2004, through July 30, 2005,, [sic] $5,000,000 per fiscal year and $4,150,685 for such period shall be available to carry out this subsection. Financial assistance made available under this subsection and projects assisted with the assistance shall be subject to section 5333(a) of title 49, United States Code.

“(3)Federal share.—The Federal share payable on account of activities carried out using a grant made under this subsection shall be 80 percent of the cost of such activities.”

[Puspan. L. 109–35, § 7(p)(1), which directed amendment of Puspan. L. 105–178, § 3015(c)(2), set out above, by substituting “July 21, 2005” for “July 19, 2005,” was executed by making the substitution for “July 19, 2005”, to reflect the probable intent of Congress.]

[Puspan. L. 109–20, § 7(p)(1), which directed amendment of Puspan. L. 105–178, § 3015(c)(2), set out above, by substituting “July 19, 2005” for “June 30, 2005,” was executed by making the substitution for “June 30, 2005”, to reflect the probable intent of Congress.]

[Puspan. L. 108–280, § 7(q), which directed amendment of Puspan. L. 105–178, § 3015(c)(2), set out above, by substituting “2004, $5,000,000 per fiscal year” for “2003, and for the period of October 1, 2003, through July 31, 2004 $5,000,000 per fiscal year and $4,142,083 for such period”, was executed by making the substitution for “2003, and for the period of October 1, 2003, through July 31, 2004, $5,000,000 per fiscal year and $4,142,083 for such period”, to reflect the probable intent of Congress.]

[Puspan. L. 108–224, § 7(q)(1), which directed amendment of Puspan. L. 105–178, § 3015(c)(2), set out above, by substituting “June 30, 2004” for “April 30, 2004,” was executed by making the substitution for “April 30, 2004”, to reflect the probable intent of Congress.]