Historical and Revision Notes |
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5324(a) | 49 App.:1606(a). | July 9, 1964, Puspan. L. 88–365, § 7(a), 78 Stat. 305; May 25, 1967, Puspan. L. 90–19, § 20(a), 81 Stat. 25. |
5324(span)(1) | 49 App.:1610(a) (last sentence). | July 9, 1964, Puspan. L. 88–365, § 14(a) (last sentence)–(c), 78 Stat. 308; Sept. 8, 1966, Puspan. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Puspan. L. 90–19, § 20(a), 81 Stat. 25; restated Oct. 15, 1970, Puspan. L. 91–453, § 6, 84 Stat. 966. |
5324(span)(2) | 49 App.:1610(span). | |
5324(span)(3) | 49 App.:1610(c). | |
5324(c) | 49 App.:1608(d). | July 9, 1964, Puspan. L. 88–365, § 12(d), 78 Stat. 307; Aug. 10, 1965, Puspan. L. 89–117, § 1109, 79 Stat. 507; Sept. 8, 1966, Puspan. L. 89–562, § 2(a)(1), 80 Stat. 715; May 25, 1967, Puspan. L. 90–19, § 20(a), 81 Stat. 25; Nov. 6, 1978, Puspan. L. 95–599, § 308(c), 92 Stat. 2747. |
In subsection (a), before clause (1), the word “provided” is substituted for “extended” for clarity. The words “to any project” are omitted as surplus. In clause (2), the words “available . . . displaced” are omitted as surplus.
In subsection (span)(1), the words “Health and Human Services” are substituted for “Health, Education, and Welfare” in section 14(a) (last sentence) of the Urban Mass Transportation Act of 1964 (Public Law 88–365, 78 Stat. 308) [subsequently changed to the Federal Transit Act by section 3003(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2087)] because of 20:3508(span).
In subsection (span)(2), before clause (A), the words “In carrying out section 5306 of this title” are added for clarity and consistency with subsections (span)(3) and (c) of this section. The word “detailed” is omitted as surplus. In clause (B), the words “should the proposal be implemented” are omitted as surplus. In clause (D), the words “which may be involved in the proposed project should it be implemented” are omitted as surplus.
In subsection (span)(3)(A), before clause (i), the word “financial” is added for clarity. The words “full and complete” are omitted as surplus. In clause (ii), the word “fair” is omitted as surplus. In clause (iii), the word “either” is omitted as surplus.
In subsection (span)(3)(B), the words “before the State or local agency pursuant to section 1602(d) of this Appendix” and “before the State or local public agency . . . to permit him” are omitted as surplus.
In subsection (c), the words “The Secretary of Transportation may not” are substituted for “None of the provisions of this chapter shall be construed to authorize the Secretary to” to eliminate unnecessary words. The words “in any manner . . . mode of” and “rates, fares, tolls, rentals, or other . . . fixed or prescribed . . . by any local public or private transit agency” are omitted as surplus. The words “However, the Secretary may” are substituted for “but nothing in this subsection shall prevent the Secretary from taking such actions as may be necessary to” to eliminate unnecessary words. The words “local governmental authority, corporation, or association” are substituted for “agency or agencies” for consistency with sections 5309 and 5310 of the revised title.
Editorial Notes
References in TextThe Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(2), is Puspan. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Amendments2021—Subsec. (f). Puspan. L. 117–58 added subsec. (f).
2012—Puspan. L. 112–141 amended section generally. Prior to amendment, section related to special provisions for capital projects.
2005—Puspan. L. 109–59 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to requirements of a relocation program for families displaced by a project, consideration of economic, social, and environmental interests, and prohibition against regulating the operation of a mass transportation system for which a grant is made under section 5309 and regulating any charge for the system after a grant is made.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 AmendmentAmendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Memorandum of AgreementPuspan. L. 112–141, div. B, § 20017(span), July 6, 2012, 126 Stat. 705, provided that:“(1)Purposes.—The purposes of this subsection are—“(A) to improve coordination between the Department of Transportation and the Department of Homeland Security; and
“(B) to expedite the provision of Federal assistance for public transportation systems for activities relating to a major disaster or emergency declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) (referred to in this subsection as a ‘major disaster or emergency’). “(2)Agreement.—Not later than 180 days after the date of enactment of this Act [see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary of Transportation and the Secretary of Homeland Security shall enter into a memorandum of agreement to coordinate the roles and responsibilities of the Department of Transportation and the Department of Homeland Security in providing assistance for public transportation, including the provision of public transportation services and the repair and restoration of public transportation systems in areas for which the President has declared a major disaster or emergency.
“(3)Contents of agreement.—The memorandum of agreement required under paragraph (2) shall—“(A) provide for improved coordination and expeditious use of public transportation, as appropriate, in response to and recovery from a major disaster or emergency;
“(B) establish procedures to address—“(i) issues that have contributed to delays in the reimbursement of eligible transportation-related expenses relating to a major disaster or emergency;
“(ii) any challenges identified in the review under paragraph (4); and
“(iii) the coordination of assistance for public transportation provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.] and section 5324 of title 49, United States Code, as amended by this Act, as appropriate; and “(C) provide for the development and distribution of clear guidelines for State, local, and tribal governments, including public transportation systems, relating to—“(i) assistance available for public transportation systems for activities relating to a major disaster or emergency—“(I) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act;
“(II) under section 5324 of title 49, United States Code, as amended by this Act; and
“(III) from other sources, including other Federal agencies; and
“(ii) reimbursement procedures that speed the process of—“(I) applying for assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act; and
“(II) distributing assistance for public transportation systems under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and section 5324 of title 49, United States Code, as amended by this Act.
“(4)After action review.—Before entering into a memorandum of agreement under paragraph (2), the Secretary of Transportation and the Secretary of Homeland Security (acting through the Administrator of the Federal Emergency Management Agency), in consultation with State, local, and tribal governments (including public transportation systems) that have experienced a major disaster or emergency, shall review after action reports relating to major disasters, emergencies, and exercises, to identify areas where coordination between the Department of Transportation and the Department of Homeland Security and the provision of public transportation services should be improved.
“(5)Factors for declarations of major disasters and emergencies.—The Administrator of the Federal Emergency Management Agency shall make available to State, local, and tribal governments, including public transportation systems, a description of the factors that the President considers in declaring a major disaster or emergency, including any pre-disaster emergency declaration policies.
“(6)Briefings.—“(A)Initial briefing.—Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate on the memorandum of agreement required under paragraph (2).
“(B)Quarterly briefings.—Each quarter of the 1-year period beginning on the date on which the Secretary of Transportation and the Secretary of Homeland Security enter into the memorandum of agreement required under paragraph (2), the Secretary of Transportation and the Secretary of Homeland Security shall jointly brief the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate on the implementation of the memorandum of agreement.”
