persons during nonpeak hours for transportation utilizing or involving the facilities and equipment of the project financed with assistance under this section will not exceed one-half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the applicant or is by another entity under lease or otherwise.

(n) Applicability of other provisions

(1) The provisions of section 1609(c) of this Appendix and section 1602(e)(4) of this Appendix shall apply in carrying out mass transportation projects under this section.

(2) The provision of assistance under this section shall not be construed as bringing within the application of chapter 15 of title 5, any nonsupervisory employee of an urban mass transportation system (or of any other agency or entity performing related functions) to whom such chapter is otherwise inapplicable. (0) Availability of sums apportioned before October 1, 1982

Notwithstanding any other provision of this section, any sums apportioned under this section before October 1, 1982, and available for expenditure in any urbanized area or part thereof on such date shall remain available for expenditure in such area or part in accordance with the provisions of this section until September 30, 1985. Any sums so apportioned remaining unobligated on October 1, 1985, shall be added to amounts available for apportionment under section 1607a of this Appendix for the fiscal year ending September 30, 1986. (Pub. L. 88-365, § 5, July 9, 1964, 78 Stat. 304; Pub. L. 90-34, June 28, 1967, 81 Stat. 81; Pub. L. 90-169, Dec. 1, 1967, 81 Stat. 526; Pub. L. 90-448, title VII, §§ 703, 704(b), Aug. 1, 1968, 82 Stat. 535; Pub. L. 91-152, title III, § 306(b), Dec. 24, 1969, 83 Stat. 392; Pub. L. 91-453, § 4, Oct. 15, 1970, 84 Stat. 966; Pub. L. 93-503, title I, § 103(a), Nov. 26, 1974, 88 Stat. 1567; Pub. L. 95-599, title III, § 304, Nov. 6, 1978, 92 Stat. 2739; Pub. L. 96-106, § 17, Nov. 9, 1979, 93 Stat. 799; Pub. L. 97-35, title XI, § 1111(a)(5)–(8), Aug. 13, 1981, 95 Stat. 627, 628; Pub. L. 97-424, title III, § 307, Jan. 6, 1983, 96 Stat. 2151.)

REFERENCES IN TEXT

The Clean Air Act, referred to in subsec. (i), is act July 14, 1955, ch. 360, as amended generally by Pub. L. 88-206, Dec. 17, 1963, 77 Stat. 392, and later by Pub. L. 95-95, Aug. 7, 1977, 91 Stat. 685. The Clean Air Act was originally classified to chapter 15B (§ 1857 et seq.) of Title 42, The Public Health and Welfare. On enactment of Pub. L. 95-95, the Act was reclassified to chapter 85 (§ 7401 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

The Federal Water Pollution Control Act, referred to in subsec. (i), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (j)(5), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The

11-617 VOL. 18 0-84-82

Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (j)(5), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 2000a of Title 42 and Tables.

Title VIII of the Act of April 11, 1968 (Pub. L. 90-284), referred to in subsec. (j)(5), popularly known as the Fair Housing Act of 1968, is classified principally to subchapter I (§ 3601 et seq.) of chapter 45 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 3601 of Title 42 and Tables. The Uniform Relocation Assistance and Land Acquisition Policies Act of 1970, referred to in subsec. (j)(5), probably means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified principally to chapter 61 (§ 4601 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 4601 of Title 42 and Tables.

CODIFICATION

In subsec. (j)(5), “section 303 of title 49" was substituted for "section 4(f) of the Department of Transportation Act (49 U.S.C. 1653(f))" on authority of Pub. L. 97-449, § 6(b), Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted subtitle I (§ 101 et seq.) and chapter 31 (§ 3101 et seq.) of subtitle II of Title 49, Transportation.

In subsec. (k)(3), “section 3324(a) and (b) of title 31" was substituted for "section 3648 of the Revised Statutes, as amended [31 U.S.C. 529]" on authority of Pub. L. 97-258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

AMENDMENTS

1983-Subsec. (c)(5). Pub. L. 97-424, § 307(1), added par. (5).

Subsec. (o). Pub. L. 97-424, § 307(2), added subsec. (0).

1981-Subsec. (a). Pub. L. 97-35 in par. (1)(B) substituted authorization of appropriation of $850,000,000 for the fiscal year ending Sept. 30, 1982, for authorization of appropriation of $900,000,000 for the fiscal year ending Sept. 30, 1982, in par. (2)(B) substituted "$165,000,000" for "$250,000,000", in par. (3)(B) substituted "$90,000,000" for "$160,000,000", and in par. (4)(B) substituted "$375,000,000" for "$455,000,000".

1979-Subsec. (a)(2)(A). Pub. L. 96-106, § 17(a), substituted "subparagraph (B)" for "subparagraph (C)".

Subsec. (a)(2)(B), (C). Pub. L. 96-106, § 17(b), redesignated subpar. (C) of subsec. (a)(2) as (B). Subsec. (a)(2) was enacted without a subpar. (B).

Subsec. (a)(3)(A). Pub. L. 96-106, § 17(c), substituted "construction" for "capital" in provision following clause (ii).

Subsec. (a)(4)(A). Pub. L. 96-106, § 17(d), substituted "and the construction of bus-related facilities" for "in the construction of bus related facilities".

1978-Subsecs. (a), (b). Pub. L. 95-599, § 304(a), amended subsecs. (a) and (b) generally, omitting subsec. (a) which contained definitions, redesignating subsec. (b)(1), (2), and (3) as (a)(1), (b)(1), and (b)(3), respectively, and adding subsec. (a)(2) to (4).

Subsec. (c)(2). Pub. L. 95-599, § 304(b), substituted "In addition to sums authorized in paragraph (1) of this subsection, there is authorized to be appropriated for the fiscal year ending September 30, 1980, the additional amount of $125,000,000. This amount shall be available for apportionment pursuant to subsection (a)(1) of this section" for "Sums apportioned under

this section shall be available for obligation by the Governor or designated recipient for a period of two years following the close of the fiscal year for which such sums are apportioned, and any amounts so apportioned remaining unobligated at the end of such period shall lapse and shall be returned to the Treasury for deposit as miscellaneous receipts".

Subsec. (c)(3), (4). Pub. L. 95-599, § 304(c), added pars. (3) and (4).

Subsec. (f). Pub. L. 95-599, § 304(d), added "and apportioned for fiscal years ending prior to October 1, 1981" following "projects under this section", added "excluding reimbursement payments for the transportation of schoolchildren" following "and property leases", added the proviso that there be no loss of federal assistance if reduction in State or local government funds or other transit revenues is offset by an increase in operating revenues through changes in fare structure", substituted "Nothing in the preceding sentence" for "but nothing in this sentence" struck out "for the purposes of the preceding sentence" following "cost of the project" and added provision entitling recipient to make proportionate reduction in the amount of transit revenues where recipient has reduced operating costs without reducing service levels. Subsec. (g). Pub. L. 95-599, § 304(e), substituted provisions relating to approval of grants or loans for projects which are part of approved program of projects required by section 1607, and relating to applicant's legal, etc., capacity and continuing control over the use of the project, for provisions relating to development of plans and programs of transportation systems for urbanized areas, scope and implementation of projects, cutoff date for approval of projects, submission by Governor or designated recipient and approval by Secretary of program of projects for utilization of funds; consideration and comments on programs. Subsec. (i)(3). Pub. L. 95-599, § 304(f), added cl. (3). 1974-Pub. L. 93-503 restructured provisions by replacing single unlettered paragraph with subsecs. (a) through (n), and, as so restructured, substituted provisions relating to grant program for urban mass transit for provisions relating to emergency Federal financial assistance program, terms and conditions of such program, and grants for net project costs.

1970-Pub. L. 91-453 substituted "July 1, 1972" for "July 1, 1971" and substituted provision that the remainder of the net project cost may be provided in whole or in part from other than public sources and that any public or private transit system funds so provided be solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital, for provision permitting not more than 50 per centum of the remainder of the net project cost to be provided from other than public sources, and requiring public or private transit system funds to be provided solely from undistributed cash surpluses, 1eplacement or depreciation funds or reserves available in cash, or new capital, except that in the cases of demonstrated fiscal inability of an applicant actively engaged in preparing and effectuating a program for a unified or officially coordinated urban transportation system as part of the comprehensively planned development of the urban area, the remainder be provided from other than public sources.

1969-Pub. L. 91-152 substituted "July 1, 1971" for "July 1, 1970".

1968-Pub. L. 90-448 substituted "July 1, 1970" for "November 1, 1968", and inserted provisions permitting not more than 50 per centum of the remainder of the net project cost to be provided from other than public sources, and any public or private transit system funds to be provided solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital, except that in the cases of demonstrated fiscal inability of an applicant actively engaged in preparing and effectuating a program for a unified or officially coordinated urban transportation system as part of the comprehensively planned development of the urban area, the remainder may be provided from other than public sources.

1967-Pub. L. 90-169 substituted "November 1, 1968" for "November 1, 1967".

Pub. L. 90-34 substituted "November 1, 1967," for "July 1, 1967".

TRANSFER OF FUNCTIONS

Transfer to the Secretary of Transportation of func tions of the Department of Housing and Urban Development and of the Secretary of Housing and Urban Development under this chapter, except the authority to make grants for or undertake projects or activities under sections 1605(a), 1607a, and 1607c of this Appendix as primarily concern the relationship of urban transportation systems to the comprehensive planned development of urban areas or the role of transporta. tion planning in overall urban planning and the functions under this section and sections 1602 and 1603 of this Appendix required to enable the Secretary of Housing and Urban Development to advise and assist the Secretary of Transportation to make findings and determinations under this section and sections 1603(a) and 1602(c)(1) of this Appendix and to establish jointly with the Secretary of Transportation the criteria referred to in the first sentence of section 1603(a) of this Appendix, see Reorg. Plan No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set out under section 1608 of this Appendix.

EVALUATION OF PROCUREMENT PROCESS FOR PURCHASE OF ROLLING STOCK

Section 309 of Pub. L. 95-599 required the Secretary of Transportation to evaluate the procurement proc ess utilized for the purchase of rolling stock and other technical equipment purchased with Federal financial assistance under this chapter and from whom purchased and, not later than July 1, 1979, report to Congress the results of the evaluation.

STUDY OF ALTERNATIVE METHODS OF DISTRIBUTING FUNDS APPORTIONED FOR CAPITAL PURPOSES Section 319 of Pub. L. 95-599 provided that the Sec retary of Transportation conduct a study of the alternative methods of distributing, by formula, funds apportioned for capital purposes under subsec. (a)(4) of this section and report to the Congress not later than Jan. 1, 1980, the results of such study and that the Secretary prepare and submit to certain congressional committees on or before Jan. 1, 1980, recommendations as to ways and means by which Federal mass transit funds can be allocated on a basis which consid ers the nature and extent of air pollution as a criterion for the distribution of such funds.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1602, 1603, 1607a, 1608, 1611, 1613 of this Appendix; title 42 section 3013.

§ 1604a. Repealed. Pub. L. 97-424, title III, § 318(a), Jan. 6, 1983, 96 Stat. 2154

Section, Pub. L. 93-503, title I, § 107, Nov. 26, 1974, 88 Stat. 1572, related to the investigation of safety hazards in urban mass transportation systems and the submission of a plan for the correction of unsafe facilities, equipment, or manner of operation.

§ 1604b. Fares for elderly and handicapped persons

Nothing contained in this title shall require the charging of fares to elderly and handicapped persons.

(Pub. L. 93-503, title I, § 108, Nov. 26, 1974, 88 Stat. 1572.)

REFERENCES IN TEXT

This title, referred to in text, is title I of Pub. L. 93-503, Nov. 26, 1974, 88 Stat. 1566, as amended, which enacted sections 1604a and 1604b of this Appendix, and amended sections 1602, 1603, 1604, and 1611 of this Appendix and section 3303 of Title 42, The Public Health and Welfare. For complete classification of title I to the Code, see Short Title of 1974 Amendment note set out under section 1601 of this Appendix and Tables.

CODIFICATION

Section was enacted as part of the National Mass Transportation Assistance Act of 1974, and not as part of the Urban Mass Transportation Act of 1964 which comprises this chapter.

§ 1605. Research, development, and demonstration projects

(a) Phases of urban mass transportation; acquisition of data

The Secretary is authorized to undertake research, development, and demonstration projects in all phases of urban mass transportation (including the development, testing, and demonstration of new facilities, equipment, techniques, and methods) which he determines will assist in the reduction of urban transportation needs, the improvement of mass transportation service, or the contribution of such service toward meeting total urban transportation needs at minimum cost. He may undertake such projects independently or by grant or contract (including working agreements with other Federal departments and agencies). In carrying out the provisions of this section, the Secretary is authorized to request and receive such information or data as he deems appropriate from public or private sources. (b) Omitted

(c) Availability and limitation of funds

The Secretary may make available to finance projects under this section not to exceed $10,000,000 of the mass transportation grant authorization provided in section 1603(b) of this Appendix, which limit shall be increased to $20,000,000 on July 1, 1965, and to $30,000,000 on July 1, 1966, to $40,000,000 on July 1, 1967, and to $56,000,000 on July 1, 1968. On or after July 1, 1969, the Secretary may make available to finance projects under this section such additional sums out of the grant authorization provided in section 1603(b) of this Appendix as he deems appropriate.

(d) Authority of Secretary

Nothing contained in this section shall limit any authority of the Secretary under section 1701d-3 of title 12 or any other provision of law.

(Pub. L. 88-365, § 6, July 9, 1964, 78 Stat. 305; Pub. L. 89-117, title III, § 304(b), Aug. 10, 1965, 79 Stat. 475; Pub. L. 89-562, §§ 1(b), 3, Sept. 8, 1966, 80 Stat. 715, 717; Pub. L. 90-19, § 20(a), May 25, 1967, 81 Stat. 25; Pub. L. 90-448, title VII, § 701(b), Aug. 1, 1968, 82 Stat. 535; Pub. L. 91-453, § 13(b), Oct. 15, 1970, 84 Stat. 969.)

REFERENCES IN TEXT

Section 1701d-3 of title 12, referred to in subsec. (d), was repealed by Pub. L. 91-609, title V, § 503(3), Dec.

31, 1970, 84 Stat. 1785. See sections 1701z-1 to 1701z-4 of Title 12, Banks and Banking.

CODIFICATION

Subsec. (b) of this section called for a study and for a program of research, development, and demonstration of new systems of urban transportation, with the report, findings, and recommendations resulting from such activities to be submitted not later than 18 months after Sept. 8, 1966.

AMENDMENTS

1970-Subsec. (a). Pub. L. 91-453 extended the authority of the Secretary to undertake projects by grant

1968-Subsec. (c). Pub. L. 90-448 substituted "$56,000,000" for "$50,000,000", and inserted provisions authorizing the Secretary, on or after July 1, 1969, to make available to finance projects under this section such additional sums out of the grant authorization as he deems appropriate.

1967-Subsecs. (a), (c), (d). Pub. L. 90-19 substituted "Secretary" for "Administrator" wherever appearing. 1966-Subsec. (b). Pub. L. 89-562, § 3, added subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 89-562, §§ 1(b), 3, redesignated former subsec. (b) as (c) and, in subsec. (c) as so redesignated, added provisions for an increase to $40,000,000 on July 1, 1967, and to $50,000,000 on July 1, 1968, in the limit on the amount made available by the Administrator to finance projects. Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 89-562, § 3, redesignated former subsec. (c) as (d).

1965-Subsec. (b). Pub. L. 89-117 deleted provisions which limited the unobligated balance of the amount available for mass transportation demonstration grants to the proviso in section 1453(b) of title 42 to financing projects under this section.

TRANSFER OF FUNCTIONS

Transfer to the Secretary of Transportation of functions of the Department of Housing and Urban Development and of the Secretary of Housing and Urban Development under this chapter, except the authority to make grants for or undertake projects or activities under subsec. (a) of this section and sections 1607a, and 1607c of this Appendix as primarily concern the relationship of urban transportation systems to the comprehensive planned development of urban areas or the role of transportation planning in overall urban planning and the functions under sections 1602, 1603 and 1604 of this Appendix required to enable the Secretary of Housing and Urban Development to advise and assist the Secretary of Transportation to make findings and determinations under sections 1602(c)(1), 1603(a), and 1604 of this Appendix and to establish jointly with the Secretary of Transportation the criteria referred to in the first sentence of section 1603(a) of this Appendix, see Reorg. Plan No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set out under section 1608 of this Appendix.

WATERBORNE TRANSPORTATION DEMONSTRATION
PROJECT

Pub. L. 95-599, title III, § 320, Nov. 6, 1978, 92 Stat. 2753, provided that the Secretary of Transportation carry out a demonstration project using high-speed water-borne transportation equipment and facilities and operating in, and in the vicinity of, New York, New York, for the purpose of determining the feasibility of utilizing this technology, report to Congress the results of this project not later than September 30, 1981, together with his recommendations, and authorized appropriations not to exceed $25,000,000 for the project.

AUTOMATED GUIDEWAY TRANSIT SYSTEM AT Dallas/ FORT WORTH REGIONAL AIRPORT; DEMONSTRATION PROJECT IN URBAN MASS TRANSPORTATION

Pub. L. 94-280, title I, § 148, May 5, 1976, 90 Stat. 446, directed the Secretary of Transportation, acting pursuant to his authority under section 6 of the Urban Mass Transportation Act of 1964 [this section], to conduct a demonstration project in urban mass transportation for design, improvement, modification, and urban deployment of the Automated Guideway Transit system in operation at the Dallas/Fort Worth Regional Airport, and authorized an appropriation of $7,000,000 for the fiscal year ending September 30, 1977.

FARE-FREE MASS TRANSPORTATION DEMONSTRATION PROJECTS; LIMITATION ON FEDERAL GRANTS; SELECTION OF CITIES OR METROPOLITAN AREAS; PURPOSES OF STUDY; REPORTS TO Congress; APPROPRIATIONS Pub. L. 93-503, title II, §§ 201-207, Nov. 26, 1974, 88 Stat. 1574, 1575, provided that the Secretary of Transportation establish demonstration projects in cities or metropolitan areas to determine the feasibility of farefree urban mass transportation systems, and study such fare-free systems and other financially assisted reduced-fare systems to determine their effects on vehicle traffic and attendant air pollution, congestion and noise, mobility of urban residents, economic viability of central city business, the mode of mass transportation best meeting desired objectives, the extent of increase in frivolous ridership and reduction in need for urban highways, and the best means of financing reduced or fare-free systems on a continuing basis. The Secretary was to make a final report to Congress on his findings and recommendations as to their implementation not later than June 30, 1975, and appropriations were authorized not to exceed $20,000,000 for each of the fiscal years ending June 30, 1975, and June 30, 1976.

RAILROAD GRADE CROSSING ELIMINATION DEMONSTRATION PROJECT IN HAMMOND, INDIANA; AUTHORIZATION OF APPROPRIATIONS

Pub. L. 93-503, title III, §§ 301, 302, Nov. 26, 1974, 88 Stat. 1575, relating to a demonstration project for elimination of highway railroad grade crossings in Hammond, Indiana, was repealed by Pub. L. 95-599, title I, § 134(d), Nov. 6, 1978, 92 Stat. 2709.

SECRETARY'S AUTHORITY TO MAKE GRANTS FOR RESEARCH PROJECTS AND TECHNICAL STUDIES UNAFFECTED

Section 11 of Pub. L. 91-453 provided that: "Nothing in this Act [see Short Title of 1970 Amendment note set out under section 1601 of this Appendix] shall affect the authority of the Secretary of Housing and Urban Development to make grants, under the authority of sections 6(a), 9, and 11 of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1605(a), 1607a, and 1607c [49 App. U.S.C. 1605(a), 1607a, and 1607c]), and Reorganization Plan Numbered 2 of 1968 [set out in the Appendix to Title 5, Government Organization and Employees], for projects or activities primarily concerned with the relationship of urban transportation systems to the comprehensively planned development of urban areas, or the role of transportation planning in overall urban planning, out of funds appropriated to him for that purpose."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1603, 1612, 1617 of this Appendix.

§ 1606. Relocation program

(a) No financial assistance shall be extended to any project under section 1602 of this Appendix unless the Secretary determines that an

adequate relocation program is being carried on for families displaced by the project and that there are being or will be provided (in the same area or in other areas generally not less desir. able in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the displaced families) an equal number of decent, safe, and sanitary dwellings available to those displaced families and reasonably accessible to their places of employment.

(b) Repealed. Pub. L. 91-646, title II, § 220(a)(4), Jan. 2, 1971, 84 Stat. 1903.

(Pub. L. 88-365, § 7, July 9, 1964, 78 Stat. 305; Pub. L. 90-19, § 20(a), May 25, 1967, 81 Stat. 25; Pub. L. 91-646, title II, § 220(a)(4), Jan. 2, 1971, 84 Stat. 1903.)

AMENDMENTS

1971-Subsec. (b). Pub. L. 91-646 repealed subsec. (b), which authorized grants for relocation payments, defined "relocation payments", limited amount of payment, and provided for issuance of rules and regula tions. See section 4601 et seq. of Title 42, The Public Health and Welfare.

1967-Subsecs. (a), (b). Pub. L. 90-19 substituted "Secretary" for "Administrator" wherever appearing.

EFFECTIVE Date of 1971 AMENDMENT

Repeal of subsec. (b) of this section by Pub. L. 91-646 not applicable to any State so long as sections 4630 and 4655 of Title 42, The Public Health and Wel fare, are not applicable in such State; but such sec tions completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91-646, set out as an Effective Date note under section 4601 of Title 42.

SAVINGS PROVISIONS

Any rights or liabilities existing under provisions repealed by section 220(a) of Pub. L. 91-646 as not af fected by such repeal, see section 220(b) of Pub. L. 91-646, set out as a note under section 4621 of Title 42, The Public Health and Welfare.

TRANSFER OF FUNCTIONS

Transfer to the Secretary of Transportation of functions of the Department of Housing and Urban Development and of the Secretary of Housing and Urban Development under this chapter, except the authority to make grants for or undertake projects or activities under sections 1605(a), 1607a, and 1607c of this Appendix as primarily concern the relationship of urban transportation systems to the comprehensive planned development of urban areas or the role of transporta tion planning in overall urban planning and the func tions under sections 1602, 1603, and 1604 of this Appendix required to enable the Secretary of Housing and Urban Development to advise and assist the Secretary of Transportation to make findings and determi nations under sections 1602(c)(1), 1603(a), and 1604 of this Appendix and to establish jointly with the Secre tary of Transportation the criteria referred to in the first sentence of section 1603(a) of this Appendix, see Reorg. Plan No. 2 of 1968, eff. June 30, 1968, 33 F.R. 6965, 82 Stat. 1369, set out under section 1608 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1602, 1603 of this Appendix.

§ 1607. Long-range planning and technical studies

(a) Development of transportation plans and programs; matters considered

It is declared to be in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner that will serve the States and local communities efficiently and effectively. To accomplish this objective, the Secretary shall cooperate with the State and local officials in the development of transportation plans and programs which are formulated on the basis of transportation needs with due consideration to comprehensive longrange land use plans, development objectives, and overall social, economic, environmental, system performance, and energy conservation goals and objectives, and with due consideration to their probable effect on the future development of urban areas of more than fifty thousand population. The planning process shall include an analysis of alternative transportation system management and investment strategies to make more efficient use of existing transportation facilities. The process shall consider all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate based on the complexity of the transportation problems.

(b) Urbanized area planning process

(1) The urbanized area planning process shall be carried on by local officials acting through a metropolitan planning organization in cooperation with the State.

(2) Within one year after November 6, 1978, in the absence of State law to the contrary, units of general purpose local government within an urbanized area or contiguous urbanized areas for which a metropolitan planning organization has been designated prior to November 6, 1978, may by agreement of at least 75 per centum of the units of general purpose local government representing at least 90 per centum of the population of such urbanized area or areas and in cooperation with the Governor, redesignate as the metropolitan planning organization any representative organization.

(3) Except as provided in subparagraph (B), after November 6, 1978, designations of metropolitan planning organizations shall be by agreement among the units of general purpose local government and the Governor.

(c) Approval of program of projects by Secretary

A program of projects eligible for assistance under this chapter shall be submitted for approval to the Secretary. The Secretary shall not approve for an urbanized area any such program of projects in whole or in part unless (1) the Secretary finds that the planning process on which such program is based is being carried on in conformance with the objectives of this section, and (2) the Secretary finds that the program of projects is based on the planning process.

(d) Contracts and grants to States and local agencies for planning, etc., of transportation projects The Secretary is authorized to contract for and make grants to States and local public

bodies and agencies thereof for the planning, engineering, designing, and evaluation of public transportation projects, and for other technical studies. Activities assisted under this section may include (1) studies relating to management, operations, capital requirements, and economic feasibility; (2) preparation of engineering and architectural surveys, plans, and specifications; (3) evaluation of previously funded projects; and (4) other similar or related activities preliminary and in preparation for the construction, acquisition, or improved operation of mass transportation systems, facilities, and equipment. A grant or contract under this section shall be made in accordance with criteria established by the Secretary.

(e) Participation of private enterprise

The plans and programs required by this section shall encourage to the maximum extent feasible the participation of private enterprise. Where facilities and equipment are to be acquired which are already being used in mass transportation service in the urban area, the program must provide that they shall be so improved (through modernization, extension, addition, or otherwise) that they will better serve the transportation needs of the area.

(Pub. L. 88-365, § 8, as added Pub. L. 95-599, title III, § 305(b), Nov. 6, 1978, 92 Stat. 2743.)

PRIOR PROVISIONS

A prior section 1607, Pub. L. 88-365, § 8, July 9, 1964, 73 Stat. 306; Pub. L. 90-19, § 20(a), May 25, 1967, 81 Stat. 25, which called for consultation between the Secretary of Housing and Urban Development and the Secretary of Commerce on general urban transportation policies and programs and for the exchange of information on proposed projects in urban areas, was repealed by Pub. L. 95-599, title III, § 305(a), Nov. 6, 1978, 92 Stat. 2743.

BASIC TRANsportation System Study; REPORT TO

CONGRESS

Section 318 of Pub. L. 95-599 required the Secretary of Transportation to study establishing and operating a mass transportation system which would provide basic services with a minimum of amenities, at low costs, and report to Congress not later than 1 year after Nov. 6, 1978, the results of the study.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1602, 1603, 1604, 1607a, 1617 of this Appendix.

§ 1607a. Block grants

(a) Amounts appropriated from the general fund of the Treasury for urbanized areas

(1) of the amount appropriated from the general fund of the Treasury under section 1617(a) of this Appendix, 8.64 per centum shall be available for expenditure under this section in each fiscal year only in urbanized areas with a population of less than 200,000.

(2) Of the amount appropriated from the general fund of the Treasury under section 1617(a) of this Appendix, 88.43 per centum shall be available for expenditure under this section in each fiscal year only in urbanized areas with a population of 200,000 or more.