2012 US Code
Title 23 - Highways
Chapter 3 - GENERAL PROVISIONS (§§ 301 - 329)
Section 322 - Magnetic levitation transportation technology deployment program
Publication Title | United States Code, 2012 Edition, Title 23 - HIGHWAYS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 23 - HIGHWAYS CHAPTER 3 - GENERAL PROVISIONS Sec. 322 - Magnetic levitation transportation technology deployment program |
Contains | section 322 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added and amended Pub. L. 105-178, title I, §1218(a), (c), June 9, 1998, 112 Stat. 216; Pub. L. 105-206, title IX, §9003(i), July 22, 1998, 112 Stat. 841. |
Statutes at Large References | 84 Stat. 1742 88 Stat. 2288 96 Stat. 2442 101 Stat. 173 105 Stat. 1978 112 Stat. 216, 841, 107, 361, 419, 857 117 Stat. 1125 118 Stat. 489, 637, 708, 885, 1158 119 Stat. 334, 356, 389, 404, 420, 1155, 1217 122 Stat. 1577, 1578 |
Public Law References | Public Law 91-605, Public Law 93-643, Public Law 97-449, Public Law 100-17, Public Law 102-240, Public Law 105-178, Public Law 105-206, Public Law 108-88, Public Law 108-202, Public Law 108-224, Public Law 108-263, Public Law 108-280, Public Law 108-310, Public Law 109-14, Public Law 109-20, Public Law 109-35, Public Law 109-37, Public Law 109-40, Public Law 109-59, Public Law 110-244 |
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(a)
(1)
(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)
(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)
(b)
(1)
(2)
(3)
(c)
(d)
(1) involve a segment or segments of a high-speed ground transportation corridor that exhibit partnership potential;
(2) require an amount of Federal funds for project financing that will not exceed the sum of—
(A) the amounts made available under subsection (h)(1); and
(B) the amounts made available by States under subsection (h)(3);
(3) result in an operating transportation facility that provides a revenue producing service;
(4) be undertaken through a public and private partnership, with at least 1/3 of full project costs paid using non-Federal funds;
(5) satisfy applicable statewide and metropolitan planning requirements;
(6) be approved by the Secretary based on an application submitted to the Secretary by a State or authority designated by 1 or more States;
(7) to the extent that non-United States MAGLEV technology is used within the United States, be carried out as a technology transfer project; and
(8) be carried out using materials at least 70 percent of which are manufactured in the United States.
(e)
(1) a project is nationally significant, including the extent to which the project will demonstrate the feasibility of deployment of MAGLEV technology throughout the United States;
(2) timely implementation of the project will reduce congestion in other modes of transportation and reduce the need for additional highway or airport construction;
(3) States, regions, and localities financially contribute to the project;
(4) implementation of the project will create new jobs in traditional and emerging industries;
(5) the project will augment MAGLEV networks identified as having partnership potential;
(6) financial assistance would foster public and private partnerships for infrastructure development and attract private debt or equity investment;
(7) financial assistance would foster the timely implementation of a project; and
(8) life-cycle costs in design and engineering are considered and enhanced.
(f)
(1)
(A) preparation of such feasibility studies, major investment studies, and environmental impact statements and assessments as are required under State law;
(B) pricing of the final design, engineering, and construction activities proposed to be assisted under paragraph (2); and
(C) such other activities as are necessary to provide the Secretary with sufficient information to evaluate whether a project should receive financial assistance for final design, engineering, and construction activities under paragraph (2).
(2)
(g)
(h)
(1)
(A)
(i)
(ii)
(I) the Federal share of the cost of a project carried out under this section shall be determined in accordance with subsection (b); and
(II) the availability of the funds shall be determined in accordance with paragraph (2).
(B)
(i)
(ii)
(2)
(3)
(4)
(i)
(1)
(2)
(A)
(B)
(i) shall not be available in advance of an annual appropriation; and
(ii) shall remain available until expended.
(Added and amended Pub. L. 105–178, title I, §1218(a), (c), June 9, 1998, 112 Stat. 216; Pub. L. 105–206, title IX, §9003(i), July 22, 1998, 112 Stat. 841.)
References in TextSection 1036 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (a)(4), is section 1036 of Pub. 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 Pub. L. 105–178, which was approved June 9, 1998.
The Transportation Equity Act for the 21st Century, referred to in subsec. (h)(4), is Pub. L. 105–178, June 9, 1998, 112 Stat. 107, as amended. For complete classification of this Act to the Code, see section 1(a) of Pub. L. 105–178, set out as a Short Title of 1998 Amendment note under section 101 of this title and Tables.
Prior ProvisionsA prior section 322, added Pub. L. 91–605, title II, §205(a), Dec. 31, 1970, 84 Stat. 1742; amended Pub. L. 93–643, §117, Jan. 4, 1975, 88 Stat. 2288; Pub. 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 Pub. L. 100–17, title I, §133(e)(1), Apr. 2, 1987, 101 Stat. 173.
Amendments1998—Subsec. (a)(3). Pub. L. 105–178, §1218(c)(1), as added by Pub. L. 105–206, §9003(i), struck out “or under 50 miles per hour” before period at end.
Subsec. (d)(1). Pub. L. 105–178, §1218(c)(2)(A), as added by Pub. L. 105–206, §9003(i), struck out “or low-speed” after “high-speed”.
Subsec. (d)(2)(A). Pub. L. 105–178, §1218(c)(2)(B)(i), as added by Pub. L. 105–206, §9003(i), substituted “(h)(1)” for “(h)(1)(A)”.
Subsec. (d)(2)(B). Pub. L. 105–178, §1218(c)(2)(B)(ii), as added by Pub. L. 105–206, §9003(i), substituted “(h)(3)” for “(h)(4)”.
Subsec. (h)(1)(B)(i). Pub. L. 105–178, §1218(c)(3), as added by Pub. L. 105–206, §9003(i), inserted “(other than subsection (i))” after “this section”.
Subsec. (i). Pub. L. 105–178, §1218(c)(4), as added by Pub. L. 105–206, §9003(i), added subsec. (i).
Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of this title.
Deployment of Magnetic Levitation Transportation ProjectsPub. L. 109–59, title I, §1307, Aug. 10, 2005, 119 Stat. 1217, as amended by Pub. L. 110–244, title I, §102(b), (c), June 6, 2008, 122 Stat. 1577, provided that:
“(a)
“(1)
“(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)
“(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)
“(b)
“(1)
“(2)
“(3)
“(c)
“(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)
“(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)
[Pub. 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 Pub. L. 109–59, set out above] take effect on October 1, 2007.”]
Advanced Technology Pilot ProjectPub. L. 105–178, title III, §3015(c), June 9, 1998, 112 Stat. 361, as amended by Pub. L. 105–206, title IX, §9009(k)(1), July 22, 1998, 112 Stat. 857; Pub. L. 108–88, §8(q), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108–202, §9(q), Feb. 29, 2004, 118 Stat. 489; Pub. L. 108–224, §7(q), Apr. 30, 2004, 118 Stat. 637; Pub. L. 108–263, §7(q), June 30, 2004, 118 Stat. 708; Pub. L. 108–280, §7(q), July 30, 2004, 118 Stat. 885; Pub. L. 108–310, §8(q), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109–14, §7(p), May 31, 2005, 119 Stat. 334; Pub. L. 109–20, §7(p), July 1, 2005, 119 Stat. 356; Pub. L. 109–35, §7(p), July 20, 2005, 119 Stat. 389; Pub. L. 109–37, §7(p), July 22, 2005, 119 Stat. 404; Pub. L. 109–40, §7(p), July 28, 2005, 119 Stat. 420, provided that:
“(1)
“(2)
“(3)
[Pub. L. 109–35, §7(p)(1), which directed amendment of Pub. 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.]
[Pub. L. 109–20, §7(p)(1), which directed amendment of Pub. 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.]
[Pub. L. 108–280, §7(q), which directed amendment of Pub. 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.]
[Pub. L. 108–224, §7(q)(1), which directed amendment of Pub. 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.]
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