Page:United States Statutes at Large Volume 105 Part 3.djvu/211

 PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 2095 tion with expedited procedures that will promote timely implementation of the State Implementation Plan. "(C) EXCLUSION FOR CERTAIN PROJECTS.—That portion of a project (including any commuter rail service project on an existing right-of-way) financed entirely with highway funds made available under the Federal-Aid Highway Act of 1991 shall not be subject to the requirements of this subsection. "(6) PROJECT IMPLEMENTATION. —A project funded pursuant to this subsection shall be implemented by means of a full funding grant agreement.". SEC. 3011. ASSURED TIMETABLE FOR PROJECT REVIEW. (a) IN GENERAL.— Section 3(a) is amended by striking paragraph 49 USC app. (6) and inserting the following new paragraphs: 1602. "(6) ASSURED TIMETABLE FOR PROJECTS IN ALTERNATIVES ANALY- SIS, PREUMINARY ENGINEERING, OR FINAL DESIGN STAGES.— "(A) ALTERNATIVES ANALYSIS STAGE. —For any new fixed guideway project that the Secretary permits to advance into the alternatives analysis stage of project review, the Secretary shall cooperate with the applicant in alternatives analysis and in preparation of a draft environmental impact statement, and shall approve the draft environmental impact statement for circulation not later than 45 days after the date on which such draft is submitted to the Secretary by the applicant. "(B) PREUMINARY ENGINEERING STAGE. —Following circulation of the draft environmental impact statement and not later than 30 days after selection by the applicant of a locally preferred alternative, the Secretary shall permit the project to advance to the preliminary engineering phase if the Secretary finds the project is consistent with the criteria set forth in subsection (i). "(C) FINAL DESIGN STAGE. — The Secretary shall issue a record of decision and permit a project to advance to the final design stage of construction not later than 120 days after the date of completion of the final environmental impact statement for such project. "(D) FULL FUNDING GRANT AGREEMENT. —The Secretary shall negotiate and enter into a full funding grant agreement for a project not later than 120 days after the date on which such project has entered the final design stage of construction. Such full funding grant agreement shall provide for a Federal share of the cost of construction that is not less than the Federal share estimated in the Secretary's most recent report required under section 3(j) or an update thereof unless otherwise requested by an applicant. "(7) PERMITTED DELAYS IN PROJECT REVIEW. — "(A) IN GENERAL. —Advancement of a project under the timetables specified under paragraph (6) shall be delayed only— "(i) for such period of time as the applicant, solely at the applicant's discretion, may request; or "(ii) during such period of time as the Secretary finds, after reasonable notice and opportunity for comment, that the applicant has failed, for reasons solely attributable to the applicant, to comply substantially

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