Pub. L. 102-588, tit. V, sec. 506
SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS.
SEC. 506. SPACE TRANSPORTATION INFRASTRUCTURE MATCHING GRANTS. (a) Definitions.— For the purposes of this section— (1) the term “commercial space transportation infrastructure development” may include— (A) the construction or improvement of space transportation infrastructure within the United States; 106 STAT. 5125 (B) the engineering and designing of such space transportation infrastructure; and (C) technical studies to define how new or enhanced space transportation infrastructure can best meet the needs or the United States commercial space transportation industry; (2) the term “project” means a project (or separate projects submitted together) for the accomplishment of commercial space transportation infrastructure development, including the combined submission of all projects to be undertaken at a particular site in a fiscal year; (3) the term “project grant” means a grant of funds by the Secretary to a sponsor for the accomplishment of one or more projects; (4) the term “public agency” means a State or any agency of a State, a municipality or other political subdivision of a State, or a tax-supported organization; (5) the term “Secretary” means the Secretary of Transportation; and (6) the term “sponsor” means any public agency which, either individually or jointly with one or more other such entities, submits to the Secretary, in accordance with this section, an application for financial assistance for commercial space transportation infrastructure development. (b) Establishment Of Grant Program.— In order to ensure the resiliency of the Nation’s space transportation infrastructure, the Secretary is authorized to make project grants to sponsors in accordance with this section. There is authorized to be appropriated $10,000,000 for such grants beginning after September 30, 1992. Such funds shall remain available until expended. (c) Selection Of Projects.— (1) In selecting projects for grants under subsection (b), the Secretary shall consider— (A) the contribution of the proposed project to industry capabilities which serve Federal space transportation needs; (B) the extent of industry’s financial contribution to the proposed project; (C) the extent of industry participation in the proposed project; (D) the positive impact of the proposed project on the international competitiveness of the United States space transportation industry; (E) the extent of state contributions to the proposed project; and (F) the impact of the proposed project on launch operations and other activities at Federal launch ranges. (2) The Secretary shall consult with the Department of Defense, the National Aeronautics and Space Administration, and other appropriate Federal agencies concerning paragraphs (I)(A) and (I)(F). (3) The Secretary shall give preference to those applications with greater levels of industry financial contributions, all other factors being equal. (d) Submission And Approval Of Project Grant Applications.— (1) Any sponsor of a project may submit to the Secretary a project grant application for one or more projects, in a form containing such information as the Secretary may prescribe, setting forth the project proposed to be undertaken. 106 STAT. 5126 (2) No project grant application shall be approved by the Secretary unless the Secretary is satisfied that— (A) the project will contribute to the purposes of this section; (B) the project reasonably consistent with plans (existing at the time of approval of the project) of public agencies which are authorized oy the State in which such project is located and which are responsible for the development of the area surrounding the project site; (C) if the application proposes to use Federal Government property, the specific consent of the appropriate Federal agency head has been obtained; (D) the project will be completed without undue delay; (E) the sponsor which submitted the project grant application has the legal authority to engage in the project as proposed; and (F) all additional requirements prescribed by the Secretary have been met. (e) Environmental Requirements.— (1) It is declared to be national policy that projects authorized pursuant to this section shall provide for the protection and enhancement of the natural resources and the quality of the environment of the Nation. In implementing this policy, the Secretary shall consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency with regard to any project included in a project grant application which may have a significant impact on natural resources including, but not limited to, fish and wildlife, natural, scenic, and recreational assets, water and air quality, and other factors affecting the environment, and shall authorize no such project found to have a significant adverse effect unless the Secretary shall render a finding, in writing, following a full and complete review, which shall be a matter of public record, that no feasible and prudent alternative exists and that all reasonable steps have been taken to minimize such adverse effect. (2) (B) When hearings are held under paragraph (2)(A), the project sponsor shall submit a copy of the transcript to the Secretary. No project grant application may be approved by the Secretary unless the sponsor of the project certifies to the Secretary that there has been afforded the opportunity for public hearing for the purpose of considering the economic, social, and environ mental effects of the project and its consistency with the goals of objectives of such planning as had been carried out by the community. (B) When hearings are held under paragraph (2)(A), the project sponsor shall submit a copy of the transcript to the Secretary. (3) No project grant application may be approved unless the Governor of the State in which such project is to be located certifies in writing to the Secretary that there is reasonable assurance that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within 60 days after the project application has been received by the Secretary. (4) The Secretary shall condition approval of any such project grant application on compliance during construction and operation with applicable air and water quality standards. 106 STAT. 5127 (5) The Secretary is authorized in connection with any project to require a certification from a sponsor that such sponsor will comply with all of the statutory and administrative requirements imposed on such sponsor under this section in connection with such project. Acceptance by the Secretary of a certification from a sponsor may be rescinded by the Secretary at any time. Nothing in this paragraph shall affect or discharge any responsibility or obligation of the Secretary under any other Federal law, including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(f) of the Department of Transportation Act (49 App. U.S.C. 1652), title VI of the Civil Rights Act of 1964 (42 U.S.C 2000d), title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (f) Allocation Of Project Costs. (1) The project grant for any project under this section shall not exceed 50 percent of the total cost of such project. (2) No project grant shall be awarded under this section for any project for which less than 10 percent of the toted cost of such project will be borne by the private sector.