Pub. L. 110-244, tit. II, sec. 201
TRANSIT TECHNICAL CORRECTIONS.
SEC. 201. TRANSIT TECHNICAL CORRECTIONS.(a) Section 5302.—Section 5302(a)(10) of title 49, United States Code, is amended by striking “charter,” and inserting “charter, sightseeing,”.(b) Section 5303.—(1) Section 5303(f)(3)(C)(ii) of such title is amended by striking subclause (II) and inserting the following:“(II) Funding.—For fiscal year 2008 and each fiscal year thereafter, in addition to other funds made available to the metropolitan planning organization for the Lake Tahoe region under this chapter and title 23, prior to any allocation under section 202 of title 23, and notwithstanding the allocation provisions of section 202, the Secretary shall set aside ½ of 1 percent of all funds authorized to be appropriated for such fiscal year to carry out section 204 of title 23, and shall make such funds available to the metropolitan planning organization for the Lake Tahoe region to carry out the transportation planning process, environmental reviews, preliminary engineering, and design to complete environmental documentation for transportation projects for the Lake Tahoe region under the Tahoe Regional Planning Compact as consented to in Public Law 96–551 (94 Stat. 3233) and this paragraph.”.(2) Section 5303(j)(3)(D) of such title is amended—(A) by inserting “or the identified phase” before “within the time”; and(B) by inserting “or the identified phase” before the period at the end.(3) Section 5303(k)(2) of such title is amended by striking “a metropolitan planning area serving”.(c) Section 5307.—Section 5307(b) of such title is amended—(1) in the heading for paragraph (2) by striking “2007” and inserting “2009”;(2) in paragraph (2)(A)—(A) by striking “2007” and inserting “2009”; and(B) by striking “mass” and inserting “public”;(3) by adding at the end of paragraph (2) the following:“(E) Maximum amounts in fiscal years 2008 and 2009.—In fiscal years 2008 and 2009—“(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population;“(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 122 STAT. 1610 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and“(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.”; and(4) in paragraph (3) by striking “section 5305(a)” and inserting “section 5303(k)”.(d) Section 5309.—Section 5309 of such title is amended—(1) in subsection (d)(5)(B) by striking “regulation.” and inserting “this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”;(2) in subsection (e)(6)(B) by striking “subsection.” and inserting “subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”;(3) in the heading for paragraph (2)(A) of subsection (m) by striking “Major capital” and inserting “Capital”; and(4) in subsection (m)(7)(B) by striking “section 3039” and inserting “section 3045”.(e) Section 5311.—Section 5311 of such title is amended—(1) in subsection (g)(1)(A) by striking “for any purpose other than operating assistance” and inserting “for a capital project or project administrative expenses”;(2) in subsections (g)(1)(A) and (g)(1)(B) by striking “capital” after “net”; and(3) in subsection (i)(1) by striking “Sections 5323(a)(1)(D) and 5333(b) of this title apply” and inserting “Section 5333(b) applies”.(f) Section 5312.—The heading for section 5312(c) of such title is amended by striking “Mass Transportation” and inserting “Public Transportation”.(g) Section 5314.—Section 5314(a)(3) is amended by striking “section 5323(a)(1)(D)” and inserting “section 5333(b)”.(h) Section 5319.—Section 5319 of such title is amended by striking “section 5307(k)” and inserting “section 5307(d)(1)(K)”.(i) Section 5320.—Section 5320 of such title is amended—(1) in subsection (a)(1)(A) by striking “intra—agency” and inserting “intraagency”;(2) in subsection (b)(5)(A) by striking “5302(a)(1)(A)” and inserting “5302(a)(1)”;(3) in subsection (d)(1) by inserting “to administer this section and” after “5338(b)(2)(J)”;(4) by adding at the end of subsection (d) the following:“(4) Transfers to land management agencies.—The Secretary may transfer amounts available under paragraph (1) to the appropriate Federal land management agency to pay necessary costs of the agency for such activities described in paragraph (1) in connection with activities being carried out under this section.”;(5) in subsection (k)(3) by striking “subsection (d)(1)” and inserting “subsection (e)(1)”;122 STAT. 1611(6) by redesignating subsections (a) through (m) as subsections (b) through (n), respectively; and(7) by inserting before subsection (b) (as so redesignated) the following:“(a) Program Name.—The program authorized by this section shall be known as the Paul S. Sarbanes Transit in Parks Program.”.(j) Section 5323.—Section 5323(n) of such title is amended by striking “section 5336(e)(2)” and inserting “section 5336(d)(2)”.(k) Section 5325.—Section 5325(b) of such title is amended—(1) in paragraph (1) by inserting before the period at the end “adopted before August 10, 2005”;(2) by striking paragraph (2); and(3) by redesignating paragraph (3) as paragraph (2).(l) Section 5336.—(1) Apportionments of formula grants.—Section 5336 of such title is amended—(A) in subsection (a) by striking “Of the amount” and all that follows before paragraph (1) and inserting “Of the amount apportioned under subsection (i)(2) to carry out section 5307—”;(B) in subsection (d)(1) by striking “subsections (a) and (h)(2) of section 5338” and inserting “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338”; and(C) by redesignating subsection (c), as added by section 3034(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1628), as subsection (k).(2) Technical amendments.—Section 3034(d)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1629), is amended by striking “paragraph (2)” and inserting “subsection (a)(2)”.(m) Section 5337.—Section 5337(a) of title 49, United States Code, is amended by striking “for each of fiscal years 1998 through 2003” and inserting “for each of fiscal years 2005 through 2009”.(n) Section 5338.—Section 5338(d)(1)(B) of such title is amended by striking “section 5315(a)(16)” and inserting “section 5315(b)(2)(P)”.(o) SAFETEA–LU.—(1) Section 3011.—Section 3011(f) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1589) is amended by adding to the end the following:“(5) Central Florida Commuter Rail Transit Project.”.(2) Section 3037.—Section 3037(c) of such Act (119 Stat. 1636) is amended—(A) in paragraph (3) by striking “Phase II”; and(B) by striking paragraph (10).(3) Section 3040.—Section 3040(4) of such Act (119 Stat. 1639) is amended by striking “$7,871,895,000” and inserting “$7,872,893,000”.(4) Section 3043.—(A) Portland, oregon.—Section 3043(b)(27) of such Act (119 Stat. 1642) is amended by inserting “/Milwaukie” after “Mall”.(B) Los angeles.—(i) Phase 1.—Section 3043(b)(13) of such Act (119 Stat. 1642) is amended to read as follows:122 STAT. 1612 “(13) Los Angeles—Exposition LRT (Phase 1).”.(ii) Phase 2.—Section 3043(c) of such Act (119 Stat. 1645) is amended by inserting after paragraph (104) the following:“(104A) Los Angeles—Exposition LRT (Phase 2).”.(C) San diego.—Section 3043(c)(105) of such Act (119 Stat. 1645) is amended by striking “LOSSAN Del Mar-San Diego—Rail Corridor Improvements” and inserting “LOSSAN Rail Corridor Improvements”.(D) San diego.—Section 3043(c)(217) of such Act (119 Stat. 1648) is amended by striking “San Diego” and inserting “San Diego Transit”.(E) Sacramento.—Section 3043(c)(204) of such Act (119 Stat. 647) is amended by striking “Downtown”.(F) Boston.—Section 3043(d)(6) of such Act (119 Stat. 1649) is amended to read as follows:“(6) Boston-Silver Line Phase III, $20,000,000.”.(G) Project construction grants.—Section 3043(e) of such Act (119 Stat. 1651) is amended by adding at the end the following:“(4) Project construction grants.—Projects recommended by the Secretary for a project construction grant agreement under section 5309(e) of title 49, United States Code, or for funding under section 5309(m)(2)(A)(i) of such title during fiscal year 2008 and fiscal year 2009 are authorized for preliminary engineering, final design, and construction for fiscal years 2007 through 2009 upon the completion of the notification process for each such project under section 5309(g)(5).”.(H) Los angeles and san gabriel valley.—Section 3043 of such Act (119 Stat. 1640) is amended by adding at the end the following:“(k) Los Angeles Extension.—In evaluating the local share of the project authorized by subsection (c)(104A) in the new starts rating process, the Secretary shall give consideration to project elements of the project authorized by subsection (b)(13) advanced with 100 percent non-Federal funds.“(l) San Gabriel Valley––Gold Line Foothill Extension Phase II.—In evaluating the local share of the San Gabriel Valley––Gold Line Foothill Extension Phase II project authorized by subsection (b)(33) in the new starts rating process, the Secretary shall give consideration to project elements of the San Gabriel Valley––Gold Line Foothill Extension Phase I project advanced with 100 percent non-Federal funds.”.(5) Section 3044.—(A) Projects.—The table contained in section 3044(a) of such Act (119 Stat. 1652) is amended—(i) in item 25—(I) by striking “$217,360” and inserting “$167,360”; and(II) by striking “$225,720” and inserting “$175,720”;(ii) in item number 36 by striking the project description and inserting “Los Angeles County Metropolitan Transportation Authority (LACMTA) for bus and bus-related facilities in the LACMTA’s service area”;122 STAT. 1613(iii) in item number 71 by inserting “Metropolitan Bus Authority” after “Puerto Rico”;(iv) in item number 84 by striking the project description and inserting “Improvements to the existing Sacramento Intermodal Facility (Sacramento Valley Station)”;(v) in item number 94 by striking the project description and inserting “Pacific Transit, WA Vehicle Replacement”;(vi) in item number 120 by striking “Dayton Airport Intermodal Rail Feasibility Study” and inserting “Greater Dayton Regional Transit Authority buses and bus facilities”;(vii) in item number 152 by inserting “Metropolitan Bus Authority” after “Puerto Rico”;(viii) in item number 416 by striking “Improve marine intermodal” and inserting “Improve marine dry-dock and”;(ix) in item number 457—(I) by striking “$65,000” and inserting “$0”; and(II) by striking “$67,500” and inserting “$0”; and(x) in item number 458—(I) by striking “$65,000” and inserting “$130,000”;(II) by striking “$67,500” and inserting “$135,000”; and(xi) in item number 57 by striking the project description and inserting “Wilmington, NC, maintenance and operations facilities and administration and transfer facilities”;(xii) in item number 460 by striking the matters in the project description, FY08 column, and FY09 column and inserting “460. Mid-Region Council of Governments, New Mexico, public transportation buses, bus-related equipment and facilities, and intermodal terminals in Albuquerque and Santa Fe”, “$500,000”, and “$500,000”, respectively.(xiii) in item number 138 by striking “Design” and inserting “Determine scope, engineering, design,”;(xiv) in item number 23 by striking “Construct” and inserting “Design, engineering, right-of-way acquisition, and construction”;(xv) in item number 439 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”;(xvi) in item number 453 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”;(xvii) in item number 371 by striking the project description and inserting “Regional Transportation Commission of Southern Nevada, Sunset Bus Maintenance Facility”;(xviii) in item number 487 by striking “Central Arkansas Transit Authority Facility Upgrades” and 122 STAT. 1614 inserting “Central Arkansas Transit Authority Bus Acquisition”;(xix) in item number 491 by striking the project description and inserting “Pace, IL, Cermak Road, Bus Rapid Transit, and related bus projects, and alternatives analysis”;(xx) in item number 512 by striking “Corning, NY, Phase II Corning Preserve Transportation Enhancement Project” and inserting “Transportation Center Enhancements, Corning, NY”;(xxi) in item number 534 by striking “Community Buses” and inserting “Bus and Bus Facilities”;(xxii) in item number 570 by striking “Maine Department of Transportation-Acadia Intermodal Facility” and inserting “MaineDOT Acadia Intermodal Passenger and Maintenance Facility”;(xxiii) in item number 80 by striking the project description and amounts and inserting “Flagler County, Florida–buses and bus facility”, “$57,684”, “$60,192”, “$65,208”, and “$67,716” respectively;(xxiv) in item number 135 by striking the project description and inserting “Pace Suburban Bus, IL–Purchase Vehicles”;(xxv) in item number 276 by striking the project description and amounts and inserting “Long Beach Transit, Long Beach, California, for the purchase of transit vehicles and enhancement of para-transit and senior transportation services”, “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and(xxvi) by adding at the end—(I)(aa) in the project description column “666. New York City, NY, rehabilitation of subway stations to include passenger access improvements including escalators or installation of infrastructure for security and surveillance purposes”; and(bb) in the FY08 column and the FY09 column “$50,000”;(II)(aa) in the project description column “667. St. Johns County Council on Aging buses and bus facilities, Florida”; and(bb) in the FY06, FY07, FY08, and FY09 columns “$57,684”, “$60,192”, “$65,208”, and “$67,716”, respectively;(III)(aa) in the project description column “668. The City of Compton, California, for the replacement of buses and paratransit vehicles”; and(bb) in the FY06, FY07, FY08, and FY09 columns “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and(IV)(aa) in the project description column “669. City of Los Angeles, California, for the purchase of transit vehicles in Watts and enhancement of paratransit and senior transportation services”; and(bb) in the FY06, FY07, FY08, and FY09 columns “$128,200”, “$133,760”, “$144,908”, and “$150,480”, respectively.122 STAT. 1615(B) Special rule.—Section 3044(c) of such Act (119 Stat. 1705) is amended—(i) by inserting “, or other entity,” after “State or local governmental authority”; and(ii) by striking “projects numbered 258 and 347” and inserting “projects numbered 258, 347, and 411”; and(iii) by striking the period at the end and inserting: “, and funds made available for fiscal year 2006 for the bus and bus-related facilities projects numbered 176 and 652 under subsection (a) shall remain available until September 30, 2009.”.(6) Section 3046.—Section 3046(a)(7) of such Act (119 Stat. 1708) is amended—(A) by striking “hydrogen fuel cell vehicles” and inserting “hydrogen fueled vehicles”;(B) by striking “hydrogen fuel cell employee shuttle vans” and inserting “hydrogen fueled employee shuttle vans”; and(C) by striking “in Allentown, Pennsylvania” and inserting “to the DaVinci Center in Allentown, Pennsylvania”.(7) Section 3050.—Section 3050(b) of such Act (119 Stat. 1713) is amended by inserting “by negotiating the extension of the existing agreement between mile post 191.13 and mile post 185.1 to mile post 165.9 in Rhode Island” before the period at the end.(p) Transit Tunnels.—In carrying out section 5309(d)(3)(D) of title 49, United States Code, the Secretary of Transportation shall specifically analyze, evaluate, and consider—(1) the congestion relief, improved mobility, and other benefits of transit tunnels in those projects which include a transit tunnel; and(2) the associated ancillary and mitigation costs necessary to relieve congestion, improve mobility, and decrease air and noise pollution in those projects which do not include a transit tunnel, but where a transit tunnel was one of the alternatives analyzed.(q) Knoxville, Tennessee, Property Acquisition.—The acquisition of property for the city of Knoxville, Tennessee, for the Knoxville, Tennessee, Central Station project shall be deemed to qualify as an acquisition of land for protective purposes pursuant to section 622.101 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. The Secretary of Transportation may allow the costs of such acquisition to be credited toward the non-Federal share for the project.(r) California Transit Services.—The Secretary of Transportation shall use not more than $3,000,000 of the funds made available for use at the discretion of the Secretary for fiscal year 2007 for Federal Transit Administration Discretionary Programs, Bus and Bus Facilities to reimburse the California State department of transportation for actual and necessary costs of maintenance and operation, less the amount of fares earned, for additional public transportation services that were provided by the department of transportation as a temporary substitute for highway traffic service following the freeway collapse at the interchange connecting Interstate Routes 80, 580, and 880 near the San Francisco-Oakland 122 STAT. 1616 Bay Bridge, on April 29, 2007, until the reopening of that facility on June 29, 2007. The Federal share of the cost of activities reimbursed under this subsection shall be 100 percent.