text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/261

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 231

"(5) MAINTENANCE OF EFFORT.—No grant may be made under this section in any fiscal year unless the recipient of such grant enters into such agreements with the Secretary as the Secretary may require to ensure that such recipient will maintain its aggregate expenditures from all other sources for establishing and operating a regional transportation center and related research activities at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of this subsection. "(6) FEDERAL SHARE.—The Federal share of a grant under this subsection shall be 50 percent of the costs of establishing and operating the regional transportation center and related research activities carried out by the grant recipient. "(7) NATIONAL ADVISORY COUNCIL.— "(A) ESTABLISHMENT; FUNCTIONS.—The Secretary shall

 * 7 »'

establish in the Department of Transportation a national advisory council to coordinate the research and training to be carried out by the grant recipients, to disseminate the results of such research, to act as a clearinghouse between such centers and the transportation industry, and to review and evaluate programs carried out by such centers. "(B) MEMBERS.—The council shall be composed of the

£|(?s rjFii «

^"^^^

^?

„,,.. ^ ly ^., '

'JOAI

directors of the regional transportation centers and 19 -•'^'^^iother members appointed by the Secretary as follows: ?aa "(i) Six officers of the Department of Transportation one of whom represents the Office of the Secretary, one \iim- s i. of whom represents the Federal Highway Administration, one of whom represents the Urban Mass Sill riii^j Transportation Administration, one of whom repj resents the National Highway Traffic Safety Adminis'tufii^m^ tration, one of whom represents the Research and Special Programs Administration, and one of whom i ii 5 t represents the Federal Railroad Administration. ,^, "(ii) Five representatives of State and local ^tOJ6governments. !_, "(iii) Eight representatives of the transportation industry, including private providers of public transpor5,, tation services, and organizations of employees in such 'la^^ industry. A vacancy in the membership of the council shall be filled in the manner in which the original appointment was gj SK, made. "(C) TERM OF OFFICE; PAY; CHAIRMAN.—Each of the mem<.'ji>.' bers appointed by the Secretary shall serve without pay. ~f The chairman of the council shall be designated by the Secretary. s "(D) MEETINGS.—The council shall meet at least annually i and at such other times as the chairman may designate. "(E) AGENCY INFORMATION.—Subject to subchapter II of I chapter 5 of title 5, United States Code, the council may 5 USC 551 et seq. 6 secure directly from any department or agency of the ^ f ^ United States information necessary to enable it to carry out this subsection. Upon request of the chairman of the £ * council, the head of such department or agency shall furnish such information to the council.

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/262

 101 STAT. 232

PUBLIC LAW 100-17—APR. 2, 1987

.,.£-

SUSC app.

"(p) TERMINATION DATE INAPPUCABLE.—Section 14 of the

Federal Advisory Committee Act shall not apply to the council. "(8)

49 USC app. 1607c.

49 USC app. 1608.

ADMINISTRATION

THROUGH

OFFICE

OF SECRETARY,—

Administrative responsibility for carrying out this subsection shall be in the Office of the Secretary. "(9) ALLOCATION OF FUNDS.—The Secretary shall allocate funds made available to carry out this subsection equitably among the Federal regions. "(10) TECHNOLOGY TRANSFER SET-ASIDE.—Not less than 5 percent of the funds made available to carry out this subsection for any fiscal year shall be available to carry out technology transfer activities.". (b) CONFORMING AMENDMENT.—Section 11(a) of such Act is amended by inserting "GRANT PROGRAM.—" before "The Secretary". SEC. 315. SOLE SOURCE PROCUREMENTS. (a) GENERAL RULE.—Section 12(b) of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new paragraph: "(3) SOLE SOURCE PROCUREMENT CONTRACTS.—Any recipient of

49 USC app. 4^^^^' 997 Ante, p. 227.

a grant under section 9 of this Act who is procuring an associ^^®d capital maintenance item under section 9(j) of this Act may, without receiving prior approval of the Secretary, contract directly with the original manufacturer or supplier of the item to be replaced if such recipient first certifies in writing to the Secretary— "(A) that such manufacturer or supplier is the only .v4>i source for such item; and "(B) that the price of such item is no higher than the price paid for such item by like customers.". (b)

CONFORMING

AMENDMENTS.—Such

section

is

further

Supra.

amended— (1) by inserting "CONTRACT REQUIREMENTS.—" before "(1) All frrv,, contracts"; (2) by inserting "NONCOMPETITIVE BID CONTRACTS.—" before „^j "All contracts"; .,-... (3) by inserting "ROLUNG STOCK ACQUISITION CONTRACTS.—" .^j",' before In lieu of^; and (4) by indenting paragraph (1) and aligning paragraphs (1) and (2) with paragraph (3), as added by subsection (a) of this section. SEC. 316. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES. Section 12(b) of the Urban Meiss Transportation Act of 1964 is amended by adding at the end thereof the following new paragraph:

Grants.

"(4) CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.—

^^^^-

Each contract for program management, construction manage,, ment, feasibility studies, preliminary engineering, design, ar'' chitectural, engineering, surveying, mapping or related services with respect to a project for which a loan or grant is made under this Act shall be awarded in the same manner as a .vfff, H I.3 ')8U;. contract for architectural and engineering services is negotiated under title IX of the Federal Property and Administrative 40 USC 471 note. Services Act of 1949 or equivalent State qualifications-based requirement. This paragraph shall apply except to the extent '701 any State adopts or has adopted by statute a formal procedure for the procurement of such services.".,: .-

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:A Dynamical Theory of the Electromagnetic Field.pdf/52

 510

acts on a cylindrical wire of specific resistance $$\rho$$, we have

$p\rho=P-\frac{dF}{dt}$

where F is got from the equation

$\frac{d^{2}F}{dr^{2}}+\frac{1}{r}\frac{dF}{dr}=-4\pi\mu p,$|undefined

$$r$$ being the distance from the axis of the cylinder.

Let one term of the value of F be of the form $$Tr^{n}$$, where T is a function of the time, then the term of $$p$$ which produced it is of the form

$-\frac{1}{4\pi\mu}n^{2}Tr^{n-2}$

Hence if we write

$\begin{array}{l} F=T+\frac{\mu\pi}{\rho}\left(-P+\frac{dT}{dt}\right)r^{2}+\left(\frac{\mu\pi}{\rho}\right)^{2}\frac{1}{1^{2}\cdot2^{2}}\frac{dT^{2}}{dt^{2}}r^{4}+etc.\\ \\p\rho=\left(P+\frac{dT}{dt}\right)-\frac{\mu\pi}{\rho}\frac{d^{2}T}{dt^{2}}r^{2}-\left(\frac{\mu\pi}{\rho}\right)^{2}\frac{1}{1^{2}\cdot2^{2}}\frac{d^{3}T}{dt^{3}}r^{4}-etc.\end{array}$|undefined

The total counter current of self-induction at any point is

$\int\left(\frac{P}{\rho}-p\right)dt=\frac{1}{\rho}T+\frac{\mu\pi}{\rho^{2}}\frac{dT}{dt}r^{2}+\frac{\mu^{2}\pi^{2}}{\rho^{3}}\frac{1}{1^{2}2^{2}}\frac{d^{2}T}{dt^{2}}r^{4}+etc.$|undefined

from $$t=0$$ to $$t=\infty$$.

$\begin{array}{llc} \mathrm{When}\ t=0,\ p=0, & \therefore\left(\frac{dT}{dt}\right)_{0}=P, & \left(\frac{d^{2}T}{dt^{2}}\right)_{0}=0,\ \mathrm{etc.}\\ \\\mathrm{When}\ t=\infty,\ p=\frac{P}{\rho}, & \therefore\left(\frac{dT}{dt}\right)_{\infty}=0, & \left(\frac{d^{2}T}{dt^{2}}\right)_{\infty}=0,\ \mathrm{etc.}\end{array}$|undefined

$\int\limits _{0}^{\infty}\int\limits _{0}^{r}2\pi\left(\frac{P}{\rho}-p\right)rdrdt=\frac{1}{\rho}T\pi r^{2}+\frac{1}{2}\frac{\mu\pi^{2}}{\rho^{2}}\frac{dT}{dt}r^{4}+\frac{\mu^{2}\pi^{3}}{\rho^{3}}\frac{1}{1^{2}\cdot2^{2}\cdot3}\frac{d^{2}T}{dt^{2}}r^{6}+etc.$|undefined

from $$t=0$$ to $$=\infty$$.

$\begin{array}{llc} \mathrm{When}\ t=0,\ p=0\ \mathrm{throughout\ the\ section}, & \therefore\left(\frac{dT}{dt}\right)_{0}=P, & \left(\frac{d^{2}T}{dt^{2}}\right)_{0}=0,\ \mathrm{etc.}\\ \\\mathrm{When}\ t=\infty,\ p=0\ \mathrm{throughout}, & \therefore\left(\frac{dT}{dt}\right)_{\infty}=0, & \left(\frac{d^{2}T}{dt^{2}}\right)_{\infty}=0,\ \mathrm{etc.}\end{array}$|undefined

Also if $$l$$ be the length of the wire, and R its resistance,

$R=\frac{\rho l}{\pi r^{2}}$|undefined

and if C be the current when established in the wire, $$C=\frac{Pl}{R}$$.

The total counter current may be written

$\frac{l}{R}\left(T_{\infty}-T_{0}\right)-\frac{1}{2}\mu\frac{l}{R}C=-\frac{LC}{R}$ by § (35).


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/263

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 233

SEC. 317. BUS TESTING.

(a) REQUIREMENT.—Section 12 of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new subsection:

49 USC app. 1608.

"(h) Bus TESTING.—

I J, ^ ' ^ '*

"(1) REQUIREMENT.—No funds appropriated or made available pursuant to this Act after September 30, 1989, may be obligated or expended for the acquisition of a new bus model unless a bus of such model has been tested at a facility established under section 31703) of the Federal Mass Transportation Act of 1987. "(2) N E W BUS MODEL DEFINED.—As used in this subsection, the term 'new bus model' means a bus model which has not been used in mass transportation service in the United States before the date of production of such model or a bus model which has been used in such service but which is being produced with a major change in configuration or components/'.

(b) Bus TESTING FACILITY.—

^

t -. i' ^ ^ ^ " > f ^

49 USC app. 1608 note.

(1) EsTABusHMENT.—The Secretary shall establish a facility for testing new bus models for maintainability, reliability, safety, performance, structural integrity, fuel economy, and noise. Such facility shall be established by renovation of a facility constructed with Federal assistance for the purpose of training rail personnel. (2) OPERATION.—The Secretary shall enter into a contract Contracts. with a qualified person to operate and maintain the facility established under paragraph (1) for testing new bus models for maintainability, reliability, safety, performance, structural integrity, fuel economy, and noise. Such contract may provide for the testing of rail cars and other vehicles at such facility. (3) COLLECTION OF FEES.—Under the contract entered into under paragraph (2), the person operating and maintaining the facility shall establish and collect fees for the testing of vehicles at the facility. Such fees shall be subject to the approval of the Secretary. (4) NEW BUS MODEL DEFINED.—For purposes of this subsection, the term "new bus model" has the meaning such term has under section 12(h)(2) of the Urban Mass Transportation Act of 1964. Supra. (5) FUNDING.—There shall be available to the Secretary out of the Mass Transit Account of the Highway Trust Fund for establishment of the facility under paragraph (1) $200,000 for M!&.q fiscal year 1987 and $3,000,000 for fiscal year 1988. Funds made available by this paragraph shall remain available until expended and shall not be subject to any obligation limitation.

SEC. 318. RULEMAKING.

(a) IN GENERAL.—Section 12 of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following:

/Asih.

.'iii'.mi)

Supra.

C « U fy^

"(i) RULEMAKING PROCEDURES.—

"(1) PROCEDURES.—The Secretary shall prepare an agenda listing all areas in which the Secretary intends to propose rules •^ governing activities under this Act within the following 12fi month period. The Secretary shall publish the proposed agenda Federal g in the Federal Register as part of the Secretary's semi-annual Register, rulemaking agenda which lists rulemaking activities of the publication. Urban Mass Transportation Administration. The Secretary shall £dso transmit the agenda required by the first sentence of

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text:
Page:The library a magazine of bibliography and library literature, Volume 6.djvu/448

 436 Index. Women Voters, 24 Wood, Butler, on Yorkshire Village Li- braries, 37 Woodside, see under Dudley Worcester Public Library : Foundation Stone of Victoria Institute laid, 153 Betting News blacked out, 284 T. Duckworth appointed Librarian, 284 Honorary Secretaryship of Library Committee, 409 YORK Minster Library : Gifts of Books relating to Yorkshire, 181 Yorkshire Village Libraries, Butler Wood on, 37 Young, Sir Fred., on the Royal Colonial Institute, 214, 219, 220


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/264

 101 STAT. 234

'•Mk;

49 USC app. 1608.

PUBLIC LAW 100-17—APR. 2, 1987 this paragraph to the Committee on Public Works and Transportation and the Committee on Appropriations of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate on the day that the Secretary's semi-annual rulemaking agenda is published in the Federal Register. "(2) VIEWS.—Except for emergency rules, the Secretary shall give interested parties not less than 60 days to participate in any rulemaking under this Act through submission of written data views, or arguments with or without the opportunity for oral presentation, except when the Secretary for good cause finds that public notice and comment are unnecessary due to the routine nature or matter of insignificant impact of the rule, or that an emergency rule should be promulgated. The Secretary may extend the 60-day period if the Secretary determines that such period is insufficient to permit diligent persons to prepare comments or that other circumstances justify an extension of such period. An emergency rule shall terminate 120 days after the date on which it is promulgated.". (b) DEFINITIONS.—Section 12(c) of such Act is amended— (1) by striking out "and" at the end of paragraph (10); (2) by striking out the period at the end of paragraph (11) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following: "(12) the term 'rule' means the whole or part of the Secretary's statement of general or particular applicability designed to implement, interpret, or prescribe law or policy in carrying out provisions of this Act; and "(13) the term 'emergency rule' means a rule which is temporarily effective prior to the expiration of the otherwise specified periods of time for public notice and comment under this section and which was promulgated by the Secretary pursuant to a finding that a delay in the effective date thereof would (A) seriously injure an important public interest, (B) substantially frustrate legislative policy and intent, or (C) seriously damage a person or class of persons without serving any important public interest.".

SEC. 319. PREAWARD AND POSTDELIVERY AUDIT OF BUS PURCHASES. Ante, p. 233.

Section 12 of the Urban Mass Transportation Act of 1964 is further amended by adding at the end thereof the following new subsection:

Regulations. Grants.

"(j) P R E A W A R D AND POSTDEUVERY AUDIT OF B u S PURCHASES.—For

the purpose of assuring compliance with Federal motor vehicle safety requirements, the requirements of section 165 of the Surface 23 USC l0lnote. Transportation Assistance Act of 1982 (relating to purchases of American products), and bid specifications requirements of recipients of grants under this Act, the Secretary shall issue regulations requiring a preaward and postdelivery audit with respect to any grant under this Act for the purchase of buses and other rolling stock. For the purposes of such audit, manufacturer certification shall not be sufficient, and independent inspections and auditing '* shall be required."..

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/265

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 235

SEC. 320. REMOVAL OF LIMITATION ON THE SOURCE OF FUNDING FOR INNOVATIVE MANAGEMENT GRANTS.

Section 4(i) of the Urban Mass Transportation Act of 1964 is amended by striking out ", using sums available pursuant to section 4(c)(3)(A) of this section,". SEC. 321. FEDERAL SHARE FOR ELDERLY AND HANDICAPPED PROJECTS. Section 16 of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new subsection: "(e)

INCREASED

FEDERAL

SHARE

OF

CERTAIN

49 USC app. 1603.

49 USC app. 1612.

NONREQUIRED

PROJECTS.—Notwithstanding any other provision of this Act, the Federal share under sections 3, 9, and 18 of this Act for each capital improvement project which enhances the accessibility for elderly and handicapped persons to public transportation service and which is not required by Federal law (including any other provision of this Act) shall be 95 percent of the net project cost of such project.".

49 USC app. 1602, 1607a, 1614.

SEC. 322. RURAL TRANSPORTATION EQUITY.

Section 18(c) of the Urban Mass Transportation Act of 1964 is 49 USC app. amended by adding at the end thereof the following: "A State 1614. administering a program of operating assistance under this section may not limit the level or extent of use of the Federal share for the payment of operating expenses except as provided in this section.". SEC. 323. RURAL TRANSIT ASSISTANCE PROGRAM.

Section 18 of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following: "(h) RURAL TRANSIT ASSISTANCE PROGRAM.—The Secretary shall establish and carry out a rural transit assistance program in nonurbanized areas. In carrying out this subsection, the Secretary is authorized to make grants and to enter into direct contracts for transit research, technical assistance, training, and related support services in nonurbanized areas.".

Grants. Contracts.

SEC. 324. PROJECT MANAGEMENT OVERSIGHT.

(a) IN GENERAL,—The Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following:

49 USC app. 1601 note.

"PROJECT MANAGEMENT OVERSIGHT

23. (a) AUTHORITY TO USE FUNDS.—Beginning October 1, 1987, the Secretary may use not to exceed VT. of 1 percent of— "(1) the funds made available for any fiscal year by section 21(a)(2)(C) to carry out section 3 to contract with any person to oversee the construction of any major project under section 3; "(2) the funds appropriated for any fiscal year pursuant to section 21(a)(1) to carry out section 9 to contract with any person to oversee the construction of any major project under section 9; "(3) the funds appropriated for any fiscal year pursuant to section 21(a)(1) to carry out section 18 to contract with any person to oversee the construction of any major project under section 18; "(4) the funds appropriated for any fiscal year pursuant to section 4(g) to contract with any person to oversee the construction of any major public transportation project substituted for an Interstate segment withdrawn under section 103(e)(4) of title 23, United States Code; and "SEC.

Contracts. 49 USC app. 1619. 49 USC app. 1617.

49 USC app. 1603.

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/266

 101 STAT. 236

PUBLIC LAW 100-17—APR. 2, 1987

"(5) the funds appropriated for any fiscal year pursuant to 93 Stat. 1320. section 14(b) of the National Capital Transportation Act of 1969 vjqf.jrvj ^.b ai ^° contract with any person to oversee the construction of any [2>m:; major project under such Act. "(b) FEDERAL SHARE.—Any contract entered into under this subsection shall provide for the payment by the Secretary of 100 percent of the cost of carrying out the contract. qqji oeii ei "(c) ACCESS TO SITES AND RECORDS.—Each recipient of assistance SIC: under this Act or section 14(b) of the National Capital Transportation Act of 1969 shall provide the Secretary and a contractor chosen by the Secretary in accordance with subsection (a) such .oQfi ''ipAj t?t. access to its construction sites and records as may be reasonably required. - "*
 * Woa!.mi

83 Stat. 320. q«u u ^-^

innmy .me^imJ

r(iP r '=i i0% lOc*. qqfo....t^^

dJt>,-!inc jiqiiOftlie;^ -^^^^ qqB 08tj m 'H

Federal Register, publication.

"(d) REQUIREMENT FOR PLAN.—As a condition of Federal financial

assistance for a major capital project under this Act or the National Capital Transportation Act of 1969, the Secretary shall require the recipient to prepare, and, after approval by the Secretary, implement a project management plan which meets the requirements of subsection (e). "(e) CONTENTS OF PLAN.—A project management plan shall, as required in each case by the Secretary, provide for— "(1) adequate recipient staff organization complete with welldefined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications; ' (2) a budget covering the project management organization, ^^ appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and such miscellaneous lb- payments as the recipient may be prepared to justify; .„' ^'(3) a construction schedule; ^' "(4) a document control procedure and recordkeeping system; "^^ "(5) a change order procedure which includes a documented, J"^ systematic approach to the handling of construction change orders; "(6) organizational structures, management skills, and staff»f ^^? levels required throughout the construction phase; ^'(7) quality control and quality assurance functions, procedures, and responsibilities for construction and for system installation and integration of system components; "(8) materials testing policies and procedures; f "(9) internal plan implementation and reporting requirements; m "(10) criteria and procedures to be used for testing the operQi ational system or its major components; / "(11) periodic updates of the plan, especially with respect to hi such items as project budget and project schedule, financing, ^1 ridership estimates, and where applicable, the status of local -u efforts to enhance ridership in cases where ridership estimates are contingent, in part, upon the success of such efforts; and o: "(12) the recipient's commitment to make monthly submisi/' sions of project budget and project schedule to the Secretary. "(f) REGULATIONS.—The Secretary shall promulgate such regulations as may be necessary to implement the provisions of this section. Such regulations shall be published in proposed form for comment in the Federal Register and shall be submitted for review ^^ ^^le Committee on Public Works and Transportation of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate not later than 60 days after the date of

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text:
Page:A Dynamical Theory of the Electromagnetic Field.pdf/53

 Rh

Now if the current instead of being variable from the centre to the circumference of the section of the wire had been the same throughout, the value of F would have been

$F=T+\mu\gamma\left(1-\frac{r^{2}}{r_{0}^{2}}\right),$|undefined

where $$\gamma$$ is the current in the wire at any instant, and the total countercurrent would have been

$\int\limits _{0}^{\infty}\int\limits _{0}^{r}\frac{1}{\rho}\frac{dF}{dt}2\pi rdr=\frac{l}{R}\left(T_{\infty}-T_{0}\right)-\frac{3}{4}\mu\frac{l}{R}C=-\frac{L'C}{R}$, say.

Hence

$L=L'-\frac{1}{4}\mu l$

or the value of L which must be used in calculating the self-induction of a wire for variable currents is less than that which is deduced from the supposition of the current being constant throughout the section of the wire by $$\tfrac{1}{4}\mu l$$, where $$l$$ is the length of the wire, and $$\mu$$ is the coefficient of magnetic induction for the substance of the wire.

(116) The dimensions of the coil used by the Committee of the British Association in their experiments at King's College in 1864 were as follows:—

The value of L derived from the first term of the expression is 437440 metres.

The correction depending on the radius not being infinitely great compared with the section of the coil as found from the second term is —7345 metres.

This value of L was employed in reducing the observations, according to the method explained in the Report of the Committee. The correction depending on L varies as the square of the velocity. The results of sixteen experiments to which this correction had been applied, and in which the velocity varied from 100 revolutions in seventeen seconds to 100 in seventy-seven seconds, were compared by the method of


text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/267

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 237

enactment of this section, and shall be promulgated in final form not later than 180 days after the date of enactment of this section. Such regulations shall, at a minimum, include the following: "(1) A definition of the term 'major capital project' for the for the acquisition of vehicles or other rolling stock, or for the r, performance of vehicle maintenance or rehabilitation. "(2) A requirement that, in order to maximize the transporb tation benefits and cost savings associated with project management oversight, such oversight shall begin during the prelimi/ nary engineering stage of a project. The requirement of this paragraph shall not apply if the Secretary finds that it is more appropriate to initiate such oversight during another stage of the project. "(g) APPROVAL.—The Secretary shall approve a plan submitted pursuant to subsection (d) within 60 days following its submittal. In the event that approval cannot be completed within 60 days, the Secretary shall notify the recipient that approval cannot be completed within 60 days, explain the reasons for the delay, and estimate how much additional time will be required for completion. If a plan is disapproved, the Secretary shall inform the recipient of the reasons.".
 * purpose of subsection (a). Such definition shall exclude projects

M)"'*

SEC. 325. CRIME PREVENTION AND SECURITY.

The Urban Mass Transportation Act of 1964 is amended by adding Ante, p. 235. at the end thereof the following new section: CRIME PREVENTION AND SECURITY

"SEC. 24. From funds made available pursuant to section 21 of this Grants. Act, the Secretary is authorized to make capital grants to public 49 USC app. 1620. mass transit systems for crime prevention and security. None of the Post, p. 238. provisions of this Act may be construed to prohibit the financing of In A projects under this section where law enforcement responsibilities are vested in a local public body other than the grant applicant.". SEC. 326. BICYCLE FACILITIES.

The Urban Mass Transportation Act of 1964 is further amended by adding at the end thereof the following new section: . '^'

BICYCLE FACILITIES

"SEC. 25. (a) ELIGIBILITY.—For purposes of this Act, a project to provide access for bicycles to mass transportation facilities, to provide shelters and parking facilities for bicycles in or around mass transportation facilities, or to install racks or other equipment for transporting bicycles on mass transportation vehicles shall be deemed to be a construction project eligible for assistance under sections 3, 9, and 18 of this Act. "(b) FEDERAL SHARE.—Notwithstanding sections 4(a), 9(k), and

18(e), the Federal share under this Act for any project to provide access for bicycles to mass transportation facilities, to provide shelters and parking facilities for bicycles in or around mass transportation facilities, or to install racks or other equipment for transporting bicycles on mass transportation vehicles shall be 90 percent of the cost of such project.".

49 USC app. 1621.

49 USC app. 1602, 1607a, 1614. 49 USC app. 1603.

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/268

 101 STAT. 238

PUBLIC LAW 100-17—APR. 2, 1987

SEC. 327. TRANSIT TECHNICAL AMENDMENTS. 49 USC app. 1604.

49 USC app. 1612. 49 USC app. 1613. 49 USC app. 1607a, 1607a-l.

(a) URBAN MASS TRANSPORTATION ACT.—(1) Section 5(h)(l) of the Urban Mass Transportation Act of 1964 is amended by striking out "approach" and inserting in lieu thereof "approval". (2) Section 5(j)(l) of such Act is amended by striking out "action" and inserting in lieu thereof "section". (3) Section 5(n)(2) of such Act is amended by inserting "and section 9" after "this section", (4) Section 16 of such Act is amended by redesignating the second subsection (c) as subsection (d). (5) Section 17(d)(4) of such Act is amended by striking out "; and". (b) SURFACE TRANSPORTATION ASSISTANCE ACT OF 1982.—Section 303 of the Surface Transportation Assistance Act of 1982 is amended by striking out "(a)" the first place it appears. SEC. 328. AUTHORIZATIONS.

49 USC app. 1617.

 * v

/

^

Section 21 of the Urban Mass Transportation Act of 1964 is amended to read as follows: AUTHORIZATIONS

21. (a) SECTIONS 9 AND 18.—(1) There are hereby authorized to be appropriated to carry out the provisions of sections 9 and 18 of this Act not to exceed $2,000,000,000 for fiscal year 1987, and not to 49 USC app. exceed $2,100,000,000 for each of fiscal years 1988 through 1991. Any 1607a, 1614. funds so appropriated shall remain available until expended. "(2) There shall be available from the Mass Transit Account of the Highway Trust Fund only to carry out sections 3, 4(i), 8, and 160?) of 49 USC app. this Act $1,097,000,000 for the fiscal year 1987, and $1,000,000,000 1602; ante, p. 235; for each of fiscal years 1988 through 1991, to remain available until 49 USC app. expended. 1607, 1612. "0)) SECTIONS 3 AND 9B.—In addition to the amounts set forth in subsection (a)(2), to carry out sections 3 and 9B of this Act, there Ante, p. 229. shall be available from the Mass Transit Account of the Highway Trust Fund for each of fiscal years 1988 through 1991— "(1) $200,000,000 for fiscal year 1988; "(2) $250,000,000 for fiscal year 1989; ^« •'-^.-^"^ V, "(3) $300,000,000 for fiscal year 1990; and

"(4) $400,000,000 for fiscal year 1991; to remain available until expended. "SEC.

Grants.

"(c) TREATMENT OF CERTAIN SECTION 3 AND SECTION 9 B FUNDS.—

(1) Of the amounts made available by subsection Oi)), 50 percent shall be available for capital grants under section 3, and 50 percent shall be available for grants under section 9B. If an obligation ceiling in effect for any fiscal year is less than the sum of the new budget authority authorized by subsections (a)(2) and (b), the ceiling shall first be applied to the budget authority provided by subsection (b). "(2) Notwithstanding any other provision of law, approval by the Secretary of a grant with funds made available under subsections (a)(2) and (b) of this section shall be deemed a contractual obligation of the United States for payment of the Federal share of the cost of the project. "(d) INTERSTATE TRANSFER.—For substitute mass transportation projects under section 103(e)(4) of title 23, United States Code, there are authorized to be appropriated $200,000,000 for each of fiscal years 1987 through 1991.

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text:
Page:United States Statutes at Large Volume 101 Part 1.djvu/269

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 239

"(e) RURAL PROGRAM.—For each of fiscal years 1987 through 1991, 2.93 percent of the aggregate funds made available for sections 9 and 49 USC app. 18 and section 9B under subsections (a)(1) and (b) of this section shall 1607a. be available to carry out section 18. All amounts made available for section 18 shall be from funds appropriated under subsection (a). "(f) PLANNING.—From the funds made available under subsection (a)(2) of this section, not to exceed $45,000,000 shall be available for the purposes of section 8 in each of fiscal years 1987 through 1991. 49 USC app. Nothing herein shall prevent the use of additional funds available 1607. under this subsection for planning purposes. "(g) SECTIONS 4(i) AND 16(b).—(1) From the funds made available under subsection (a)(2) of this section, not to exceed $35,000,000 shall be available for the purposes of sections 4(i) and 16(b) in each of Ante, p. 235; 49 USC app. fiscal years 1988 through 1991. "(2) From the funds provided for section 4(i) for fiscal year 1987, 1612. $5,000,000 shall be available to carry out section 18(h). "(h) SECTIONS 6, 10, 11(a), 12(a), 18(h), AND 20.—There are hereby authorized to be appropriated to carry out sections 6, 10, 11(a), 12(a), 49 USC app. 1605, 1607b, 18(h), and 20 of this Act— "(1) not to exceed such sums as may be appropriated for fiscal 1607c, 1608, 1616. year 1987; and "(2) not to exceed $50,000,000 for each of fiscal years 1988 through 1991, of which 10 percent shall be available only for section 18(h). Any funds appropriated pursuant to this subsection for financing projects funded under section 6 of this Act shall remain available until expended. "(i) SECTION 11(b).—(1) From the funds made available under subsection (a)(2), $5,000,000 shall be available for the purposes of section 11(b) for each of fiscal years 1988 through 1991. "(2) From the Highway Trust Fund (other than the Mass Transit Account), $5,000,000 shall be available for the purposes of section 11(b) for each of the fiscal years 1988 through 1991.". SEC. 329. INCREASED OPERATING ASSISTANCE DURING CONSTRUCTION OF INTERSTATE PROJECT.

Upon request of the State of Florida and the designated recipients Florida. under section 9 of the Urban Mass Transportation Act of 1964 for Urban areas. Railroads. the urbanized areas of Fort Lauderdale and Miami, Florida, the 49 USC app. amount of funds apportioned after September 30, 1987, under such 1607a. section with respect to such urbanized areas which may otherwise be used for operating assistance under such section shall be increased by $4,400,000 for each fiscal year in which major onsite construction is being carried out on a 40-mile segment of Interstate Route 1-95 in Dade, Broward, and Palm Beach Counties, Florida. The increased operating assistance may only be used for commuter rail service provided as a maintenance-of-traffic measure during the period in which the construction is being carried out. SEC. 330. BUS SERVICE DETERIORATION.

The Congress finds and declares that there has been a serious Rural areas. problem involving the deterioration of bus service for people residing in the small communities and rural areas of the several States, and recognizes the need to consider the best ways and means to remedy such problem.

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512 least squares to determine what further correction depending on the square of the velocity should be applied to make the outstanding errors a minimum.

The result of this examination showed that the calculated value of L should be multiplied by 1.0618 to obtain the value of L, which would give the most consistent results."

The value of L calculated from the dimensions of the coil is probably much more accurate than either of the other determinations.


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PUBLIC LAW 100-17—APR. 2, 1987

SEC. 331. BART STUDY.

(a) STUDY.—The Secretary, in cooperation with the San Francisco Bay Area Rapid Transit District and the Metropolitan Transportation Commission, shall undertake a comprehensive study of the future of the Bay Area Rapid Transit System. The study shall focus on the development of financing alternatives for the first phase rail extensions identified in the Regional Transportation Plan. (b) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study described in subsection (a). -

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SEC. 332. TACTILE MOBILITY AIDS.

'

(a) STUDY.—The Secretary shall conduct a study of the feasibility of developing and implementing standards for the use, in transportation facilities and equipment constructed or acquired with assist49 USC app. 1601 ance under the Urban Mass Transportation Act of 1964, title 23, note. United States Code, or other laws administered by the Department of Transportation, of tactile mobility aids in order to facilitate the safe access to and use of such facilities and equipment by visually impaired and legally blind persons. (b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary shall transmit a report to the Congress on the results of such study, including such recommendations for legislation as may be necessary to implement such standards. SEC. 333. FEASIBILITY STUDY OF ELECTRIC BUS LINE. 96 Stat. 2153. Grants. California.

Section 314(a) of the Surface Transportation Assistance Act of 1982 is amended to read as follows: "SEC. 314. (a) Upon request of a local public body eligible to receive a grant under the Urban Mass Transportation Act of 1964, the Secretary of Transportation shall make a grant to such public body to conduct a fesisibility study to examine the possibility of constructing and operating an electric bus line with the advanced and environmentally sound electric bus technology that is being developed in the State of California for the Ssinta Barbara transit system.". SEC. 334. FEASIBILITY STUDY OF ABANDONED TROLLEY SERVICE.

Pennsylvania.

 * t

(a) STUDY.—The Secretary, in cooperation with the city of Philadelphia, Pennsylvania, shall conduct a study of the feasibility of restoring trolley service to corridors on which trolley service has been abandoned in such city. (b) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study conducted under subsection (a). SEC. 335. COMPREHENSIVE TRANSIT PLAN FOR THE VIRGIN ISLANDS.

ii7n.t>«'

(a) STUDY.—The Secretary, in cooperation with the Virgin Islands Department of Public Works, shall study and analyze the mass transportation needs of the Virgin Islands for the purpose of developing a comprehensive mass transportation plan for the Virgin Islands. (b) REPORT AND PLAN.—Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study and analysis conducted under subsection (a) together with a copy of the mass transportation plan which the Secretary recommends for the Virgin Islands.

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 PUBLIC LAW 100-17—APR. 2, 1987 SEC. 336. TRANSFER OF SECTION 9 FUNDS.

101 STAT. 241 fj JO

^iH

The Governor of Nevada, after consultation with all urbanized Nevada. areas within Nevada, may transfer not to exceed $10,000,000 of Urban areas. unused apportionments under sections 9A and 9 of the Urban Mass California. Transportation Act of 1964 for use for urban mass transportation 49 USC app. purposes in Santa Clara County, California. SEC. 337. BUY AMERICA. (a) PERCENTAGE COST LIMITATION.—(1)(A) Effective
 * •'' 1607a-l, 1607a.

October 1,

1989, section 165(b)(3) of the Surface Transportation Assistance Act of 1982 is amended by striking out "50" and inserting in lieu thereof "55". (B) Effective October 1, 1991, section 165(b)(3) of the Surface Transportation Assistance Act of 1982 is amended by striking out "55" and inserting in lieu thereof "60". (2)(A) Except as provided in subparagraph (B), the amendments made by subparagraphs (A) and (B) of paragraph (1) shall apply only to contracts entered into on or after their respective effective dates. (B) The amendments made by paragraph (1) shall not apply with respect to any supplier or contractor or any successor in interest or assignee which qualified under the provisions of section 165(b)(3) of the Surface Transportation Assistance Act of 1982 prior to the date of enactment of this Act under a contract entered into prior to April 1, 1992. (b) SUBCOMPONENTS.—Section 165(b)(3) of the Surface Transportation Assistance Act of 1982 is amended by inserting "and subcomponents" after "components". (c) INCREASE IN PROJECT COST EXCEPTION.—Paragraph (4) of section 165(b) of the Surface Transportation Assistance Act of 1982 is amended by striking out "10 per centum" and all that follows through the period at the end of such section and inserting in lieu thereof "25 percent.". (d) EXEMPTION TO SUBSECTIONS (b) AND (C).—The amendments made by subsections (b) and (c) of this section shall not apply to any contract awarded pursuant to bids which were outstanding on the date of enactment of this Act.

23 USC lOl note,

Contracts. 23 USC 101 note.

Contracts. 23 USC 101 note.

SEC. 338. MULTI-YEAR CONTRACT FOR METRO RAIL PROJECT.

(a) SUPPLEMENTAL EIS.—Not later than 10 days after the date of the enactment of this Act and in accordance with the National Environmental Policy Act of 1969, the Secretary shall begin the preparation of a supplemental environmental impact statement necessary as a result of alignment changes within the Minimum Operable Segment-2 portion of the Downtown Los Angeles to San Fernando Valley Metro Rail Project. The Secretary shall publish a notice of the completion of the final supplemental environmental impact statement in the Federal Register. If the Secretary has not published such notice within 5 months after the date of the enactment of this Act, the Secretary shall report to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the status of the completion of such final supplemental environmental impact statement. The Secretary shall continue to report to those committees every 30 days on the status of the completion of the final supplemental environmental impact statement, including any proposed revisions to the statement, until a

California. Environmental protection. 42 USC 4321 note. Federal Register, publication. Reports.

Federal Register, publication.,^

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PUBLIC LAW 100-17—APR. 2, 1987

notice of the completion of such statement is published in the .,^i,j Federal Register. ' *.,-7

(b) AMENDMENT TO EXISTING CONTRACT.—Notwithstanding

any

a notice of completion of a final supplemental environmental impact statement under subsection (a), the Secretary shall— (1) issue a record of decision which approves the construction of the locally preferred Minimum Operable Segment-2 alternative, and (2) execute an amendment to the existing full-funding contract under section 3 of the Urban Mass Transportation Act of 49 USC app. 1964 with the Southern California Rapid Transit District (or its 1602. successor) for the construction of Minimum Operable Segment-1 of such project, in order to include the construction of such Minimum Operable Segment-2 alternative in such contract. /,^..
 * -'''- other provision of law, not later than 30 days after the publication of

(c) PAYMENT OF FEDERAL SHARE.— (1) FEDERAL SHARE.—The amended contract under subsection

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(b) shall provide that the Federal share of the cost of construction of the Minimum Operable Segment-1 portion of the Downtown Los Angeles to San Fernando Valley Metro Rail Project shall be $605,300,000 and that the Federal share of the cost of construction of the Minimum Operable Segment-2 portion of such project shall be $667,000,000. (2) PAYMENT.—The amended contract under subsection (b) shall provide that the Federal share of the cost of such project shall be paid by the Secretary from amounts provided under section 3 of the Urban Mass Transportation Act of 1964 for construction of new fixed guideway systems and extensions to - fixed guideway systems, as follows: (A) not to exceed $107,900,000 for fiscal year 1987; (B) not to exceed $300,000,000 for fiscal years 1987 and ,,^,;,^ 1988* (C) not to exceed $490,000,000 for fiscal years 1987, 1988, and 1989; (D) not to exceed $680,000,000 for fiscal years 1987, 1988, ma M 1989 and 1990; and « (E) not to exceed $870,000,000 for fiscal years 1987, 1988, 1989, 1990, and 1991. (d) ADVANCE CONSTRUCTION.—

Ante, p. 224.

-

7

Securities. ti

(1) UNDER THE CONTRACT.—The amended contract under subsection (b) shall provide that the Southern California Rapid Transit District (or successor) may construct any portion of the Downtown Los Angeles to San Fernando Valley Metro Rail Project in accordance with section 3(1) of the Urban Mass Transportation Act of 1964, except that such district (or successor) shall not be required to apply to and receive approval of the Secretary before carrying out any such construction. (2) O N MOS-1 BEFORE EXECUTION OF CONTRACT.—At any time after the date of the enactment of this section, the Southern California Rapid Transit District (or successor) may construct any portion of the Minimum Operable Segment-1 portion of such project in accordance with section 3(1) of the Urban Mass Transportation Act of 1964, except that such district (or successor) shall not be required to apply to and receive approval of the Secretary before carrying out any such construction. (3) REIMBURSEMENT SCHEDULE.—The amended contract under subsection (b) shall provide that the Secretary shall reimburse

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-

101 STAT. 243

the Southern California Rapid Transit District (or successor), from any amounts provided under* section 3 of the Urban Mass Transportation Act of 1964 for fis^cal years 1992 through 1994, 49 USC app. for the Federal share of the net project costs incurred by such 1602. district (or successor) under paragraphs (1) and (2) (including the amount of any interest earned and payable on bonds as provided in section 3(1)(2) of the Urban Mass Transportation Act of 1964), as follows: (A) not later than September 30, 1992, the Secretary shall reimburse such district (or successor) a total of $467,100,000 (plus such interest), less amounts provided under subsection (c)(2) for fiscal years 1988 through 1990; (B) not later than September 30, 1993, the Secretary shall reimburse such district (or successor) a total of $622,100,000 (plus such interest), less amounts provided under subsection (c)(2) for fiscal years 1988 through 1991; and (C) not later than September 30, 1994, the Secretary shall reimburse such district (or successor) a total of $762,100,000 (plus such interest), less amounts provided under subsection (c)(2) for fiscal years 1988 through 1991. (4) DELAYS IN PUBLICATION OF NOTICE OF SUPPLEMENTAL EIS.—

If the Secretary does not publish a notice of the completion of the final supplemental environmental impact statement in the Federal Register under subsection (a) on or before September 30, 1988, each date or year listed in pargigraph (3) of this subsection shall be delayed one year. For each full year after such date in which such notice is not published, each such date or year shall be delayed one more year.

Federal Register, publication.

SEC. 339. BUS CARRIER CERTIFICATES FOR RECIPIENTS OF GOVERNMENTAL ASSISTANCE. (a) GENERAL RULE FOR N E W ENTRANTS.—Section 10922(c)(l) of title

49, United States Code, is amended to read as follows: "(c) MOTOR COMMON CARRIERS OF PASSENGERS.— "(1) INTERSTATE TRANSPORTATION.— "(A) REGULAR-ROUTE TRANSPORTATION.—The

Commission shall issue a certificate to a person (including any private recipient of governmental assistance) authorizing that person to provide regular-route transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of 49 USC 10521 et passengers if the Commission finds that the person is fit, seq. willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized by the certificate is not consistent with the public interest. "(B) SPECIAL AND CHARTER TRANSPORTATION.— "(i) PRIVATE RECIPIENTS OF ASSISTANCE.—The

i

Commission shall issue a certificate to a private recipient of governmental assistance authorizing that recipient to provide special or charter transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that the recipient

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PUBLIC LAW 100-17—APR. 2, 1987

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aof3t>3-3ai 49 USC 10521 et aeq.

is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person objecting to the issuance of the certificate, that the transportation to be authorized by the certificate is not consistent with the public interest. "(ii) OTHER PERSONS.—The Commission shall issue a certificate to a person (other than a private recipient of governmental assistance) authorizing that person to provide special or charter transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that the person is fit, willing, and able to provide the treinsportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission. "(C) PUBLIC RECIPIENTS FOR CHARTER TRANSPORTATION.—

Vi'I&-i}l ') d n (Ir

The Commission shall issue a certificate to a public recipient of governmental assistance authorizing that recipient to provide special or charter transportation subject to the 81 jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that— "(i) the recipient is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission; and "(iiXD no motor common carrier of passengers (other •Mas "#03 than a motor common carrier of passengers which is a public recipient of governmental assistance) is providI ing, or is willing and able to provide, the transportation aiJii to be authorized by the certificate; or "(II) the transportation to be authorized by the certificate is to be provided entirely in the area in which the public recipient provides regularly scheduled mass transportation services. "(D) PUBLIC RECIPIENTS FOR REGULAR-ROUTE TRANSPORTATION.—The Commission shall issue a certificate to a public recipient of governmental assistance authorizing 1o that recipient to provide regular-route transportation subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this title as a motor common carrier of passengers if the Commission finds that the recipient is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with this subtitle and regulations of the Commission, unless the Commission finds, on the basis of evidence presented by any person i'on objecting to the issuance of the certificate, that the transportation to be authorized by the certificate is not consistent with the public interest. "(E) TREATMENT OF CERTAIN PUBLIC RECIPIENTS.—Subject

49 USC app. 1608.

to provisions of section 12(f) of the Urban Mass Transportation Act of 1964, any public recipient of governmental assistance which is providing or seeking to provide transportation of passengers subject to the jurisdiction of the Commission under subchapter II of chapter 105 of this

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101 STAT. 245

title shall, for purposes of this subtitle, be treated as a person which is providing or seeking to provide transportation of passengers subject to such jurisdiction. n... » "(p) DEFINITIONS.—In this subsection— ^ "(i) PUBLIC RECIPIENT OF GOVERNMENTAL ASSISTANCE.—The term 'public recipient of governmental assistance' means— •' ''•' ' "(I) any State, "(II) any municipality or other political subdivision of a State, T X A ^1* "(III) any public agency or instrumentality of one or more States and municipalities and political subdivisions of a State, "(IV) any Indian tribe, "(V) any corporation, board, or other person ,,, owned or controlled by any entity described in ^.msmh JDiv subclause (I), (II), (III), or (IV), and "(VI) any corporation, board, or other person owned by, controlled by, or under common control with, any entity described in subclause (I), (II), (III),

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'

(iv),or(V), which before, on, or after the date of the enactment of this paragraph received governmental financial assistance for the purchase or operation of any bus. "(ii)

PRIVATE RECIPIENT OF GOVERNMENTAL ASSIST-

V ' ^, ' " ' Q

ANCE.—The term 'private recipient of governmental assistance' means any person (other than a person described in clause (i)) who before, on, or after the date of the enactment of this paragraph received g:overnmental financial assistance in the form of a subsidy for the purchase, lease, or operation of any bus.". (b) PUBLIC INTEREST FINDING.—Section 10922(c)(3) of title 49, United States Code, is amended by striking out "and" at the end of subparagraph (C), by striking out the period at the end of subparagraph (D) and inserting in lieu thereof "; and", and by adding at the end thereof the following: "(E) the amount and extent of governmental financial assistance which the applicant for the certificate received before, on, or after the date of the enactment of this subparagraph for the purchase or operation of buses. In addition, in making any finding relating to public interest under paragraph (I)(D) of this subsection, the Commission shall consider whether or not the person objecting to issuance of the certificate is a motor common carrier of passengers which is providing, or is willing and able to provide, the transportation to be authorized by the certificate.". (c) CONFORMING AMENDMENT.—Section 10922(c)(3) of title 49, United States Code, is amended by striking out "(1)(A)" and inserting in lieu thereof "(1)". SEC. 340. UTILIZATION REQUIREMENT FOR CERTIFICATES AUTHORIZING INTRASTATE BUS OPERATIONS.

(a) GENERAL RULE.—Section 10922(c)(2) of title 49, United States Code, is amended by adding at the end thereof the following new subparagraph: ' (J) LIMITATION ON INTRASTATE CERTIFICATES.—Each certificate issued under this paragraph to provide intrastate

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 101 STAT. 246

49 USC 10922 "^ote.

RSoSn A t c Amendments'of 42 USC 4601

PUBLIC LAW 100-17—APR. 2, 1987

transportation of passengers on any route shall be subject to a condition which limits the authority of the carrier to provide intrastate transportation service under the certificate only if the carrier provides regularlv scheduled interstate transportation service on the route.. (b) RETROACTIVE APPLICABILITY.—The amendment made by subsection (a) shall apply to any certificate issued under section 10922(c)(2) of title 49, United States Code, before, on, or after the date of the e n a c t m e n t of this Act. TITLE IV—UNIFORM RELOCATION ACT ' — AMENDMENTS OF 1987 SEC. 401. SHORT TITLE.

'

This title may be cited as the "Uniform Relocation Act Amendments of 1987". SEC. 402. DEFINITIONS.

"

(a) FEDERAL AGENCY DEFINED.—Section 101(1) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (hereinafter in this title referred to as the "Uniform Act") (42 U.S.C. 4601(1)) is amended to read as follows: "(1) The term 'Federal agency' means any department, agency, or instrumentality in the executive branch of the Government, any wholly owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law.". (b) STATE AGENCY DEFINED.—Section 101(3) of the Uniform Act (42

U.S.C. 4601(3)) is amended to read as follows: "(3) The term 'State agency' means any department, agency, or instrumentality of a State or of a political subdivision of a State, any department, agency, or instrumentality of 2 or more States or of 2 or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law.". (c) INTEREST REDUCTION PAYMENTS AS FEDERAL FINANCIAL ASSIST-

ANCE.—Section 101(4) of the Uniform Act (42 U.S.C. 4601(4)) is amended by inserting ", any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual," after "insurance". (d) DISPLACED PERSON DEFINED.—Section 101(6) of the Uniform Act (42 U.S.C. 4601(6)) is amended to read as follows: "(6)(A) The term 'displaced person' means, except as provided in subparagraph (B)— "(i) any person who moves from real property, or moves his personal property from real property— "(I) as a direct result of a written notice of intent to ""'• acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with Federal financial assistance; or "(II) on which such person is a residential tenant or conducts a small business, a farm operation, or a business .-^fyy r defined in section 101(7)(D), as a direct result of rehabilitation, demolition, or such other displacing activity as the

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101 STAT. 247

lead agency may prescribe, under a program or project undertaken by a Federal agency or with Federal financial assistance in any case in which the head of the displacing agency determines that such displacement is permanent; and ^ "(ii) solely for the purposes of sections 202(a) and 0^) and 205 of this title, any person who moves from real property, or moves Post, pp. 249,252. his personal property from real property— "(I) as a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a Federal agency or with Federal financial assistance; or "(II) as a direct result of rehabilitation, demolition, or ,j, such other displacing activity as the lead agency may prescribe, of other real property on which such person con.,., ducts a business or a farm operation, under a program or •.-u-t.^F ' project undertaken by a Federal agency or with Federal financial assistance where the head of the displacing .... agency determines that such displacement is permanent, "(B) The term 'displaced person' does not include— "(i) a person who has been determined, according to criteria established by the head of the lead agency, to be either in unlawful occupancy of the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this Act; "(ii) in any case in which the displacing agency acquires property for a program or project, any person (other than a person who was an occupant of such property at the time it was acquired) who occupies such property on a rental basis for a short term or a period subject to termination when the property . r,../.is needed for the program or project.", (e) COMPARABLE REPLACEMENT DWELLING, DISPLACING AGENCY, LEAD AGENCY, AND APPRAISAL DEFINED.—Section 101 of the Uniform

Act (42 U.S.C. 4601) is amended by adding at the end thereof the following new paragraphs: "(10) The term 'comparable replacement dwelling' means any dwelling that is (A) decent, safe, and sanitary; (B) adequate in size to accommodate the occupants; (C) within the financial means of the displaced person; (D) functionally equivalent; (E) in an area not subject to unreasonable adverse environmental conditions; and (F) in a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services, and the displaced person's place of employment. "(11) The term 'displacing agency' means any Federal agency carrying out a program or project, and any State, State agency, or person carrying out a program or project with Federal financial assistance, which causes a person to be a displaced person. "(12) The term 'lead agency' means the Department of Transportation. "(13) The term 'appraisal' means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.".

^

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PUBLIC LAW 100-17—APR. 2, 1987

(f) CONFORMING AMENDMENT.—Section 101(7)(D) of the Uniform Act (42 U.S.C. 4601(7)(D)) is amended by striking out "(a)" after "202". SEC. 403. CERTIFICATION.

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Title I of the Uniform Act is amended by adding at the end thereof the following new section: CERTIFICATION

42 USC 4604. Post, pp. 254,256.

Regulations. Reports.

Contracts.

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"SEC. 103. (a) Notwithstanding sections 210 and 305 of this Act, the head of a Federal agency may discharge any of his responsibilities under this Act by accepting a certification by a State agency that it will carry out such responsibility, if the head of the lead agency determines that such responsibility will be carried out in accordance with State laws which will accomplish the purpose and effectof this Act. "(b)(1) The head of the lead agency shall issue regulations to carry out this section. "(2) The head of the lead agency shall, in coordination with other Federal agencies, monitor from time to time, and report biennially to the Congress on, State agency implementation of this section. A State agency shall make available any information required for such purpose. "(3) Before making a determination regarding any State law under subsection (a) of this section, the head of the lead agency shall provide interested parties with an opportunity for public review and comment. In particular, the head of the lead agency shall consult with interested local general purpose governments within the State on the effects of such State law on the ability of local governments to carry out their responsibilities under this Act. "(c)(1) The head of a Federal agency may withhold his approval of any Federal financial assistance to or contract or cooperative agreement with any displacing agency found by the Federal agency to have failed to comply with the laws described in subsection (a) of this section. "(2) After consultation with the head of the lead agency, the head of a Federal agency may rescind his acceptance of any certification under this section, in whole or in part, if the State agency fails to comply with such certification or with State law.". SEC. 404. DECLARATION OF FINDINGS AND POLICY.

Section 201 of the Uniform Act (42 U.S.C 4621) is amended to read as follows: "DECLARATION OF FINDINGS AND POLICY

"SEC. 201. (a) The Congress finds and declares that— "(1) displacement as a direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance is caused by a number of activities, including rehabilitation, demolition, code enforcement, and acquisition; "(2) relocation assistance policies must provide for fair, uniform, and equitable treatment of all affected persons; "(3) the displacement of businesses often results in their closure;

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101 STAT. 249

"(4) minimizing the adverse impact of displacement is essential to maintaining the economic and social well-being of communities; and "(5) implementation of this Act has resulted in burdensome, inefficient, and inconsistent compliance requirements and procedures which will be improved by establishing a lead agency and allowing for State certification and implementation. "(b) This title establishes a uniform policy for the fair and equitable treatment of persons displaced as a direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance. The primary purpose of this title is to ensure that such persons shall not suffer disproportionate injuries as a result of programs and projects designed for the benefit of the public as a whole and to minimize the hardship of displacement on such persons. "(c) It is the intent of Congress that— ^ "(1) Federal agencies shall carry out this title in a manner which minimizes waste, fraud, and mismanagement and reduces unnecessary administrative costs borne by States and State agencies in providing relocation assistance; "(2) uniform procedures for the administration of relocation assistance shall, to the maximum extent feasible, assure that the unique circumstances of any displaced person are taken into account and that persons in essentially similar circumstances are accorded equal treatment under this Act; y "(3) the improvement of housing conditions of economically disadvantaged persons under this title shall be undertaken, to the maximum extent feasible, in coordination with existing Federal, State, and local governmental programs for accomplishing such goals; and "(4) the policies and procedures of this Act will be administered in a manner which is consistent with fair housing requirements and which sissures all persons their rights under title ^ VIII of the Act of April 11, 1968 (Public Law 90-284), commonly known as the Civil Rights Act of 1968, and title VI of the Civil 42 USC 3601. Rights Act of 1964.". 42 USC 2000d. SEC. 405. MOVING AND RELATED EXPENSES. (a) BUSINESS RESTABLISHMENT EXPENSES.—Section 202(a) of the

Uniform Act (42 U.S.C. 4622(a)) is amended— (1) by striking out the matter preceding paragraph (1) and inserting in lieu thereof the following: "(a) Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the head of the displacing agency shall provide for the payment to the displaced person of—"; (2) by striking out "and" at the end of paragraph (2); (3) by striking out the period at the end of paragraph (3) and \: inserting in lieu thereof "; and"; and (4) by adding at the end thereof the following: "(4) actual reasonable expenses necessary to reestablish a e displaced farm, nonprofit organization, or small business at its new site, but not to exceed $10,000.". (b) ALTERNATIVE RESIDENTIAL ALLOWANCE.—Section 202(b) of the

Uniform Act (42 U.S.C. 4622(b)) is amended by striking out all that follows "may receive" and inserting in lieu thereof "an expense and

Agriculture and agricultural commodities.

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 dislocation allowance, which shall be determined according to a schedule established by the head of the lead agency.".

(c) ALTERNATIVE BUSINESS ALLOWANCE.—Section 202(c) of the Uniform Act (42 U.S.C. 4622(c)) is amended to read as follows:

"(c) Any displaced person eligible for payments under subsection (a) of this section who is displaced from the person's place of business or farm operation and who is eligible under criteria established by the head of the lead agency may elect to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section. Such payment shall consist of a fixed payment in an amount to be determined according to criteria established by the head of the lead agency, except that such payment shall not be less than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others shall not qualify for a payment under this subsection.".

(d) CERTAIN UTIUTY RELOCATION EXPENSES.—Section 202 of the Uniform Act (42 U.S.C. 4622) is amended by adding at the end thereof the following new subsection:

"(d)(1) Except as otherwise provided by Federal law—

"(A) if a program or project (i) which is undertaken by a displacing agency, and (ii) the purpose of which is not to relocate or reconstruct any utility facility, results in the relocation of a utility facility;

"(B) if the owner of the utility facility which is being relocated under such program or project has entered into, with the State or local government on whose property, easement, or right-of-way such facility is located, a franchise or similar agreement with respect to the use of such property, easement, or right-of-way, and

"(C) if the relocation of such facility results in such owner incurring an extraordinary cost in connection with such relocation;

the displacing agency may, in accordance with such regulations as the head of the lead agency may issue, provide to such owner a relocation payment which may not exceed the amount of such extraordinary cost (less any increase in the value of the new utility facility above the value of the old utility facility and less any salvage value derived from the old utility facility).

"(2) For purposes of this subsection, the term—

"(A)'extraordinary cost in connection with a relocation' means any cost incurred by the owner of a utility facility in connection with relocation of such facility which is determined by the head of the displacing agency, under such regulations as the the head of the lead agency shall issue—

"(i) to be a non-routine relocation expense; "(ii) to be a cost such owner ordinarily does not include in its annual budget as an expense of operation; and "(iii) to meet such other requirements as the lead agency may prescribe in such regulations; and

"(B) 'utility facility'means—

"(i) any electric, gas, water, steam power, or materials transmission or distribution system; "(ii) any transportation system; "(iii) any communications system (including cable television); and


text: All Quiet along the Potomac and other poems/Songs under the Ice


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101 STAT. 251

"(iv) any fixtures, equipment, or other property associated with the operation, maintenance, or repair of any such system; located on property which is owned by a State or local government or over which a State or local government has an easement or right-of-way. A utility facility may be publicly, privately, or cooperatively owned.'.

SEC. 406. REPLACEMENT HOUSING FOR HOMEOWNER.

f Section 203(a) of the Uniform Act (42 U.S.C. 4623(a)) is amended— (1) by striking out "Federal" in the portion of paragraph (1) preceding subparagraph (A) and inserting in lieu thereof "displacing"; . (2) by striking out "$15,000" and inserting in lieu thereof "$22,500"; (3) by striking out "acquired by" and all that follows through "the additional payment." in paragraph (1)(A) and inserting in 4 lieu thereof "acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling.'; (4) by striking out paragraph (1)(B) and inserting in lieu ^r^,,,^^., thereof the following: ' "(B) The amount, if any, which will compensate such displaced person for any increased interest costs and other debt service costs which such person is required to pay for financing the acquisition of any such comparable replacement dwelling. Such amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on such dwelling for not less than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling."; and (5) by striking out paragraph (2) and inserting in lieu thereof the following: ' "(2) The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a decent, safe, and sanitary replacement dwelling within 1 year after the date on which such person receives final payment from the displacing agency for the acquired dwelling or the date on which the displacing agency's obligation under section 205(c)(3) of this Act is 42 USC 4625. met, whichever is later, except that the displacing agency may extend such period for good cause. If such period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within 1 year of such date.". SEC. 407. REPLACEMENT HOUSING FOR TENANTS AND CERTAIN OTHERS.

Section 204 of the Uniform Act (42 U.S.C. 4624) is amended to read as follows: " R E P L A C E M E N T H O U S I N G FOR TENANTS AND CERTAIN OTHERS

"SEC. 204, (a) In addition to amounts otherwise authorized by this Disadvantaged title, the head of a displacing agency shall make a payment to or for persons. any displaced person displaced from any dwelling not eligible to receive a payment under section 203 which dwelling was actually Supra. and lawfully occupied by such displaced person for not less than 90 days immediately prior to (1) the initiation of negotiations for acquisition of such dwelling, or (2) in any case in which displace, ment is not a direct result of acquisition, such other event as the

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 101 STAT. 252

Ante, p. 251.

PUBLIC LAW 100-17—APR. 2, 1987

head of the lead agency shall prescribe. Such payment shall consist of the amount necessary to enable such person to lease or rent for a period not to exceed 42 months, a comparable replacement dwelling, but not to exceed $5,250. At the discretion of the head of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling shall take into account such person's income. "(b) Any person eligible for a payment under subsection (a) of this section may elect to apply such payment to a down payment on, and other incidental expenses pursuant to, the purchase of a decent, safe, and sanitary replacement dwelling. Any such person may, at the discretion of the head of the displacing agency, be eligible under this subsection for the maximum payment allowed under subsection (a), except that, in the case of a displaced homeowner who has owned and occupied the displacement dwelling for at least 90 days but not more than 180 days immediately prior to the initiation of negotiations for the acquisition of such dwelling, such payment shall not exceed the payment such person would otherwise have received under section 203(a) of this Act had the person owned and occupied the displacement dwelling 180 days immediately prior to the initiation of such negotiations.". SEC. 408. RELOCATION PLANNING, ASSISTANCE COORDINATION, ADVISORY SERVICES.

AND

Section 205 of the Uniform Act (42 U.S.C. 4625) is amended to read as follows: RELOCATION PLANNING, ASSISTANCE COORDINATION, AND ADVISORY SERVICES Business and industry. Agriculture and agricultural commodities.

"SEC. 205. (a) Programs or projects undertaken by a Federal agency or with Federal financial assistance shall be planned in a manner that (1) recognizes, at an early stage in the planning of such programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations, and (2) provides for the resolution of such problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion. "(b) The head of any displacing agency shall ensure that the relocation assistance advisory services described in subsection (c) of this section are made available to all persons displaced by such agency. If such agency head determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof, the agency head may make available to such person such advisory services. "(c) Each relocation assistance advisory program required by subsection (b) of this section shall include such measures, facilities, or services as may be necessary or appropriate in order to— yj "(1) determine, and make timely recommendations on, the 0 ^ needs and preferences, if any, of displaced persons for relocation lo assistance; "(2) provide current and continuing information on the availc i ability, sales prices, and rental charges of comparable replace-

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101 STAT. 253

ment dwellings for displaced homeowners and tenants and suitable locations for businesses and farm operations; "(3) assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of— a -.'"'i.nl't "(A) a major disaster as defined in section 102(2) of the Disaster Relief Act of 1974; 42 USC 5122. fif. - "(B) a national emergency declared by the President; or f "(C) any other emergency which requires the person to v move immediately from the dwelling because continued d 'm occupancy of such dwelling by such person constitutes a substantial danger to the health or safety of such person; "(4) assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable % replacement location; 8 "(5) supply (A) information concerning other Federal and ^ State programs which may be of assistance to displaced persons, and (B) technical assistance to such persons in applying for assistance under such programs; and .^ "(6) provide other advisory services to displaced persons in order to minimize hardships to such persons in adjusting to relocation. "(d) The head of a displacing agency shall coordinate the relocation activities performed by such agency with other Federal, State, or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services. .U'->':mii £i» "(e) Whenever two or more Federal agencies provide financial assistance to a displacing agency other than a Federal agency, to implement functionally or geographically related activities which will result in the displacement of a person, the heads of such Federal agencies may agree that the procedures of one of such agencies shall be utilized to implement this title with respect to such activities. If such agreement cannot be reached, then the head of the lead agency shall designate one of such agencies as the agency whose procedures shall be utilized to implement this title with respect to such activities. Such related activities shall constitute a single program or project for purposes of this Act. '\f) Notwithstanding section 101(6) of this Act, in any case in 42 USC 4601. which a displacing agency acquires property for a program or project, any person who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project shall be eligible for advisory services to the extent determined by the displacing agency.". SEC. 409. HOUSING REPLACEMENT BY FEDERAL AGENCY AS LAST RESORT.

Section 206 of the Uniform Act (42 U.S.C. 4626) is amended to read as follows: " H O U S I N G REPLACEMENT BY FEDERAL AGENCY AS LAST RESORT

"SEC. 206. (a) If a program or project undertaken by a Federal agency or with Federal financial assistance cannot proceed on a timely basis because comparable replacement dwellings are not available, and the head of the displacing agency determines that

• SHijifc,!:

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 101 STAT. 254

Ante, p. 251.

PUBLIC LAW 100-17—APR. 2, 1987

such dwellings cannot otherwise be made available, the head of the displacing agency may take such action as is necessary or appropriate to provide such dwellings by use of funds authorized for such project. The head of the displacing agency may use this section to exceed the maximum amounts which may be paid under sections 203 and 204 on a Case-by-case basis for good cause as determined in accordance with such regulations as the head of the lead agency shall issue. "(b) No person shall be required to move from his dwelling on account of any program or project undertaken by a Federal agency or with Federal financial assistance, unless the head of the displacing agency is satisfied that comparable replacement housing is available to such person.". SEC. 410. ASSURANCES.

Section 210 of the Uniform Act (42 U.S.C. 4630) is amended by striking out "State agency" the first place it appears and inserting in lieu thereof "displacing agency (other than a Federal agency)"; by striking out "State agency" the second place it appears and inserting in lieu thereof "displacing agency"; and by striking out "decent, safe, and sanitary" in paragraph (3) and inserting in lieu thereof "comparable". SEC. 411. FEDERAL SHARE OF COSTS.

42 USC 4651.

(a) GENERAL RULE.—Section 211(a) of the Uniform Act (42 U.S.C. 4631(a)) is amended to read as follows: "(a) The cost to a displacing agency of providing payments and assistance under this title and title III of this Act shall be included as part of the cost of a program or project undertaken by a Federal agency or with Federal financial assistance. A displacing agency, other than a Federal agency, shall be eligible for Federal financial assistance with respect to such payments and assistance in the same manner and to the same extent as other program or project costs.". (b) LIMITATION.—Section 211(b) of the Uniform Act (42 U.S.C. 463103)) is amended to read as follows: "(b) No payment or assistance under this title or title III of this Act shall be required to be made to any person or included as a program or project cost under this section, if such person receives a payment required by Federal, State, or local law which is determined by the head of the Federal agency to have substantially the same purpose and effect as such payment under this section.". SEC. 412. DUTIES OF LEAD AGENCY.

Section 21>3 of the Uniform Act (42 U.S.C. 4633) is amended to read as follows: "DUTIES OF LEAD AGENCY Regulations.

Housing. Disadvantaged persons.

'K t

>.

.' '

^^y "SEC. 213. (a) The head of the lead agency shall— "(1) develop, publish, and issue, with the active participation of the Secretary of Housing and Urban Development and the heads of other Federal agencies responsible for funding relocation and acquisition actions, and in coordination with State and ^•local governments, such regulations as may be necessary to •• carry out this Act; "(2) ensure that relocation assistance activities under this Act are coordinated with low-income housing assistance programs

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101 STAT. 255

or projects by a Federal agency or a State or State agency with Federal financial assistance; "(3) monitor, in coordination with other Federal agencies, the Reports. implementation and enforcement of this Act and report to the Congress, as appropriate, on any major issues or problems with respect to any policy or other provision of this Act; and "(4) perform such other duties as may be necessary to carry out this Act. "(b) The head of the lead agency is authorized to issue such Regulations. regulations and establish such procedures as he may determine to be necessary to assure— "(1) that the payments and assistance authorized by this Act shall be administered in a manner which is fair and reasonable and as uniform as practicable; { "(2) that a displaced person who makes proper application for I a payment authorized for such person by this title shall be paid promptly after a move or, in hardship cases, be paid in advance; and "(3) that any aggrieved person may have his application reviewed by the head of the Federal agency having authority ,iOd*^- "-rJ S^ ' over the applicable program or project or, in the case of a program or project receiving Federal financial assistance, by the State agency having authority over such program or project for the Federal agency having authority over such program or project if there is no such State agency. "(c) The regulations and procedures issued pursuant to this section shall apply to the Tennessee Valley Authority only with respect 42 USC 4621, to relocation assistance under this title and title L". 4601. SEC. 413. PAYMENTS UNDER OTHER LAWS. Section 216 of the Uniform Act (42 U.S.C. 4636) is amended by Housing. inserting after "Federal law" the following: "(except for any Federal Disadvantaged persons. law providing low-income housing assistance)". SEC. 414. TRANSFER OF SURPLUS PROPERTY.

Section 218 of the Uniform Act (42 U.S.C. 4638) is amended by inserting "net" after "all". SEC. 415. REPEALS.

Sections 214, 217, and 219 of the Uniform Act (42 U.S.C. 4634 and 4637) are hereby repealed.

 * .. A ' e.

84 Stat. 1902.

SEC. 416. UNIFORM POLICY ON REAL PROPERTY ACQUISITION PRACTICES.

(a) WAIVER OF APPRAISAL.—Section 301(2) of the Uniform Act (42 Gifts and U.S.C. 4651(2)) is amended by inserting before the period at the end property, thereof the following: ", except that the head of the lead agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value". (b) ACQUISITION OF UNECONOMIC REMNANT.—Section 301(9) of the

Uniform Act (42 U.S.C. 4651(9)) is amended to read as follows: "(9) If the acquisition of only a portion of a property would leave the owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire that remnant. For the purposes of this Act, an uneconomic remnant is a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property and which the head of the

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 101 STAT. 256

s,tioo*?>?

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PUBLIC LAW 100-17—APR. 2, 1987

Federal agency concerned has determined has little or no value or utility to the owner.". (c) DONATIONS.—Section 301 of the Uniform Act (42 U.S.C. 4651) is amended by adding at the end thereof the following new paragraph: "(10) A person whose real property is being acquired in accordance with this title may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, and part thereof, any interest therein, or any compensation paid therefor to a Federal agency, as such person shall determine.. 3*...^j^^t^,j,^..^^.f_.-...^i- ..,:-,.. SEC. 417. ASSURANCES.

42 USC 4601.

42 USC 4601 note.

Highway Revenue Act of 1987.

""

Section 305 of the Uniform Act (42 U.S.C. 4655) is amended by inserting "(a)" after "SEC. 305.", by striking out "a State agency the first place it appears and inserting in lieu thereof "an acquiring agency", by striking out "State agency" the second place it appears and inserting in lieu thereof "acquiring agency", and by adding at the end thereof the following new subsection: "(b) For purposes of this section, the term 'acquiring agency' means— "(1) a State agency (as defined in section 101(3)) which has the authority to acquire property by eminent domain under State law, and "(2) a State agency or person which does not have such 10 authority, to the extent provided by the head of the lead agency .a«. by regulation.". SEC. 418. EFFECTIVE DATE.

The amendment made by section 412 of this title (to the extent such amendment prescribes authority to develop, publish, and issue regulations) shall take effect on the date of the enactment of this title. This title and the amendments made by this title (other than the amendment made by section 412 to such extent) shall take effect on the effective date provided in such regulations but not later than 2 years after such date of enactment.

TITLE V—HIGHWAY REVENUE ACT OF 1987 fJtl- k. rrv

26 USC 1 note.

SEC. 501. SHORT TITLE.

This title may be cited as the "Highway Revenue Act of 1987". -•i;j svftjO

SEC. 502. 5-YEAR EXTENSION OF HIGHWAY TRUST FUND TAXES AND RELATED EXEMPTIONS. (a) EXTENSION OF TAXES.—The following provisions of the Internal

Petroleum and petroleum Revenue (Dode of 1986 are each amended by striking out "1988" each products. place it appears and inserting in lieu thereof "1993: 26 USC 1 et seq. (1) Section 4041(a)(3) (relating to special fuels tax). 26 USC 4041.

26 USC 1 et seq. 100 Stat. 1774.

(2) Section 4051(c) (relating to tax on heavy trucks and trailers sold at retail). (3) Section 4071(d) (relating to tax on tires and tread rubber). -'^ (4) Section 4081(e)(l) (as amended by the Tax Reform Act of 1986 and section 521(a)(l)(B) of the Superfund Revenue Act of 1986). (5) Sections 4481(e), 4482(c)(4), and 4482(d) (relating to highway use tax).

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101 STAT. 257

(b) EXTENSION OF EXEMPTIONS, ETC.—The following provisions of the Internal Revenue Code of 1986 are each amended by striking out 26 USC l et seq. "1988" each place it appears and inserting in lieu thereof "1993": (1) Section 4041(b)(2)(C) (relating to qualified methanol and 26 USC 4041. ethanol fuel). (2) Section 4041(f)(3) (relating to exemption for farm use). ^ (3) Section 4041(g) (relating to other exemptions). -* (4) Section 4221(a) (relating to certain tax-free sales). i (5) Section 4483(f) (relating to termination of exemptions for . highway use tax). (6) Section 6420(h) (relating to gasoline used on farms). S (7) Section 6421(h) (relating to tax on gasoline used for certain nonhighway purposes or by local transit systems) (as in effect ,4 before its redesignation by section 1703(c) of the Tax Reform Act "

of 1986).

(8) Section 6427(g)(5) (relating to advance repayment of in^^ creased diesel fuel tax). v' (9) Section 6427(m) (relating to fuels not used for taxable purposes) (as in effect before its redesignation by section ^ - 1703(e)(1) of the Tax Reform Act of 1986). ^

100 Stat. 2774.

sos^l Q8U J?:.

(c) EXTENSION OF REDUCED RATES OF TAX ON FUELS CONTAINING ALCOHOL.—

(1) Paragraph (3) of section 404l(k) of such Code (relating to '-' fuels containing alcohol) is amended by striking out "December 31, 1992" and inserting in lieu thereof "September 30, 1993". (2) Paragraph (4) of section 4081(c) of such Code (relating to gasoline mixed with alcohol), as amended by the Tax Reform Act of 1986, is amended by striking out "December 31, 1992" and inserting in lieu thereof "September 30, 1993".

fs^

lai) \

(d) OTHER PROVISIONS.—

(1) FLOOR STOCKS REFUNDS.—Paragraph (1) of section 6412(a) of

such Code (relating to floor stocks refunds) is amended— (A) by striking out "1988" each place it appears and (iv J- ; inserting in lieu thereof "1993", and (B) by striking out "1989" each place it appears and inserting in lieu thereof "1994".

(2) INSTALLMENT PAYMENTS OF HIGHWAY USE TAX.—Paragraph

"'

(2) of section 6156(e) of such Code (relating to installment payments of tax on use of highway motor vehicles) is amended by striking out "1988" and inserting in lieu thereof "1993".

ssoi D3T'

SEC. 503. 5-YEAR EXTENSION OF HIGHWAY TRUST FUND.

(a) IN GENERAL.—Subsections (b), (c), and (e) of section 9503 of the Internal Revenue Code of 1986 (relating to Highway Trust Fund) are each amended— (1) by striking out "1988" each place it appears and inserting in lieu thereof "1993", and (2) by striking out "1989" each place it appears and inserting in lieu thereof'^1994". (b) EXPENDITURES FROM HIGHWAY TRUST FUND.—Paragraph (1) of

section 9503(c) of such Code (relating to expenditures from Highway Trust Fund) is amended by striking out "or" at the end of subparagraph (B) and by striking out subparagraph (C) and inserting in lieu thereof the following: "(C) authorized to be paid out of the Highway Trust Fund luiw,under the Surface Transportation and Uniform Relocation Assistance Act of 1987, or

26 USC 9503.

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 101 STAT. 258

PUBLIC LAW 100-17—APR. 2, 1987

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'.'• '•? hju.

"(D) hereafter authorized by a law which does not authorize the expenditure out of the Highway Trust Fund of any amount for a general purpose not covered by subparagraph (A), (B), or (C) as in effect on the date of the enactment of the Surface Transportation and Uniform Relocation Assistance Act of 1987.'

(c) CONFORMING AMENDMENTS TO LAND AND WATER CONSERVATION

FUND.—Subsection (b) of section 201 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-11) is amended— (1) by striking out "1988" and inserting in lieu thereof "1993", and (2) by striking out "1989" each place it appears and inserting in lieu thereof "1994". J,Y7^

,

1

26 USC 9503.

SEC. 504. CERTAIN TRANSFERS FROM HIGHWAY TRUST FUND TO BE MADE PROPORTIONATELY FROM MASS TRANSIT ACCOUNT.

Subsection (e) of section 9503 of the Internal Revenue Code of 1986 (relating to establishment of Mass Transit Account) is amended by adding at the end thereof the following new paragraph: "(5) PORTION ACCOUNT.—

26 USC 6427.

OF CERTAIN TRANSFERS TO BE MADE FROM

"(A) IN GENERAL.—Transfers under paragraphs (2), (3), f., and (4) of subsection (c) shall be borne by the Highway

Account and the Mass Transit Account in proportion to the respective revenues transferred under this section to the Highway Account (after the application of paragraph (2)) s • and the Mass Transit Account; except that any such transJ' fers to the extent attributable to section 6427(g) shall be borne only by the Highway Account. "(B) HIGHWAY ACCOUNT.—For purposes of subparagraph !«};/r; i (A), the term 'Highway Account' means the portion of the Highway Trust Fund which is not the Mass Transit Account." SEC. 505. TREATMENT OF LONG-TERM LESSORS OF HEAVY TRUCKS AND TRAILERS. (a) INITIAL TAX NOT IMPOSED ON SALE TO LONG-TERM LESSORS.—

26 USC 4052.

Paragraph (1) of section 4052(a) of the Internal Revenue Code of 1986 (defining first retail sale) is amended by striking out "other than for resale" and inserting in lieu thereof "other than for resale or leasing in a long-term lease". Ob) CONSTRUCTIVE SALES PRICE IN THE CASE OF LONG-TERM

' H; t' •:

LEASE.—Subsection O> of section 4052 of such Code (defining price) is t) amended by adding at the end thereof the following new paragraph: "(3) LONG-TERM LEASE.—

"(A) IN GENERAL.—In the case of any long-term lease of an article which is treated as the first retail sale of such .;..':•;• article, the tax under this subchapter shall be computed on a price equal to— "(i) the sum of— }^ "(I) the price (determined under this subchapter • but without regard to paragraph (4)) at which such . nf article was sold to the lessor, and "(II) the cost of any parts and accessories >» '^ >, installed by the lessor on such article before the -5... •.'. • ir: first use by the lessee or leased in connection with such long-term lease, plus

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101 STAT. 259

"(ii) an amount equal to the presumed markup percentage of the sum described in clause (i). "(B)

PRESUMED MARKUP PERCENTAGE.—For purposes of

subparagraph (A), the term 'presumed markup percentage' means the average markup percentage of retailers of arti' ' -'^' cles of the type involved, as determined by the Secretary. "(C) EXCEPTIONS UNDER REGULATIONS.—To the extent provided in regulations prescribed by the Secretary, subparagraph (A) shall not apply to specified types of leases where its application is not necessary to carry out the purposes of this subsection." (c) LONG-TERM LEASE DEFINED.—Section 4052 of such Code is 26 USC 4052. amended by adding at the end thereof the following new subsection: "(f) LONG-TERM LEASE.—For purposes of this section, the term 'long-term lease' means any lease with a term of 1 year or more. In determining a lease term for purposes of the preceding sentence, the rules of section 168(i)(3)(A) shall apply." 26 USC 168. (d) EFFECTIVE DATE.—The amendments made by this section shall 26 USC 4052 apply with respect to articles sold by the manufacturer, producer, or "°*«importer on or after the first day of the first calendar quarter which begins more than 90 days after the date of the enactment of this Act. SEC. 506. DETERMINATION OF MANUFACTURER.

PRICE

WHERE

TAX

PAID

BY

(a) IN GENERAL.—Subsection (b) of section 4052 of the Internal Revenue Code of 1986 (defining price) is amended by adding at the end thereof the following new paragraph:

26 USC 4052.

"(4) SPECIAL RULE WHERE TAX PAID BY MANUFACTURER, PRODUCER, OR IMPORTER.—

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"(A) IN GENERAL.—In any case where the manufacturer, producer, or importer of any article (or a related person) is liable for tax imposed by this subchapter with respect to such article, the tax under this subchapter shall be computed on a price equal to the sum of— "(i) the price which would (but for this paragraph) be determined under this subchapter, plus "(ii) the product of the price referred to in clause (i) and the presumed markup percentage determined under paragraph (3)(B). "(B) RELATED PERSON.—For purposes of this paragraph— "(i) IN GENERAL.—Except as provided in clause (ii), the term 'related person' means any person who is a member of the same controlled group (within the meaning of section 5061(e)(3)) as the manufacturer, producer, or importer.

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26 USC 5061.

"(ii) EXCEPTION FOR RETAIL ESTABLISHMENT.—To the

extent provided in regulations prescribed by the Secretary, a person shall not be treated as a related person with respect to the sale of any article if such article is sold through a permanent retail establishment in the •' normal course of the trade or business of being a retailer." 0)) EFFECTIVE DATE.—The amendment made by this section shall 26 USC 4052 apply with respect to articles sold by the manufacturer, producer, or note. importer on or after the 1st day of the 1st calendar quarter which begins more than 90 days after the date of the enactment of this Act.

91-194 O - 90 -10: QL.3 Part 1

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