Page:United States Statutes at Large Volume 119.djvu/1606

 119 STAT. 1588

49 USC 5301.

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(D) INTERMODAL TERMINALS.—Not less than $35,000,000 shall be available in each fiscal year for intermodal terminal projects, including the intercity bus portion of such projects. ‘‘(E) BUS TESTING.—$3,000,000 shall be available in each fiscal year for bus testing under section 5318. ‘‘(8) BUS AND BUS FACILITY GRANT CONSIDERATIONS.—In making grants under paragraphs (1)(C) and (2)(C), the Secretary shall consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities.’’. (b) CHAPTER ANALYSIS.—The analysis for chapter 53 is amended by striking the item relating to section 5309 and inserting the following: ‘‘5309. Capital investment grants.’’.

(c) PUBLIC-PRIVATE PARTNERSHIP PILOT PROGRAM.— (1) ESTABLISHMENT.—The Secretary may establish and implement a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects. (2) LIMITATION ON THE NUMBER OF FACILITIES.—The Secretary may permit the establishment of 3 public-private partnerships for new fixed guideway capital projects. (3) ELIGIBILITY.—To be eligible to participate in the publicprivate partnership program, a recipient shall submit to the Secretary an application that contains, at a minimum, the following: (A) An identification of the new fixed guideway capital project that has not entered into a full funding grant agreement or project construction grant agreement with the Federal Transit Administration. (B) A schedule and finance plan for the construction of and operation of the proposed project. (C) An analysis of the costs, benefits, and efficiencies of the proposed public-private partnership agreement. (4) SELECTION CRITERIA.—The Secretary may approve the application of a recipient under this subsection if the Secretary determines that— (A) State and local laws permit public-private agreements for all phases of project development, construction, and operation of the project; (B) the recipient is unable to advance the project due to fiscal constraints; and (C) the plan implementing the public-private partnership is justified. (5) PROGRAM TERM.—The Secretary may approve an application of a recipient for a public-private partnership for fiscal years 2006 through 2009. (6) REPORT TO CONGRESS.—Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, a report containing an assessment of the costs, benefits, and efficiencies of a publicprivate partnership program for new fixed guideway capital projects.

49 USC 5309 note.

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