Page:United States Statutes at Large Volume 119.djvu/1633

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1615

‘‘(iii) the regular salary of the fellowship recipient for the period of the fellowship to the extent the salary is actually paid or reimbursed by the grant recipient.’’. SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE.

(a) INTERESTS IN PROPERTY.—Section 5323(a) is amended— (1) by striking paragraph (1) and inserting the following: ‘‘(1) IN GENERAL.—Financial assistance provided under this chapter to a State or a local governmental authority may be used to acquire an interest in, or to buy property of, a private company engaged in public transportation, for a capital project for property acquired from a private company engaged in public transportation after July 9, 1964, or to operate a public transportation facility or equipment in competition with, or in addition to, transportation service provided by an existing public transportation company, only if— ‘‘(A) the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306; ‘‘(B) the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and ‘‘(C) just compensation under State or local law will be paid to the company for its franchise or property.’’; and (2) in paragraph (2) by striking ‘‘(2) A governmental authority’’ and inserting the following: ‘‘(2) LIMITATION.—A governmental authority’’. (b) NOTICE AND PUBLIC HEARING.—Section 5323(b) is amended to read as follows: ‘‘(b) NOTICE AND PUBLIC HEARING.— ‘‘(1) IN GENERAL.—For a capital project that will substantially affect a community, or the public transportation service of a community, an applicant shall— ‘‘(A) provide an adequate opportunity for public review and comment on the project; ‘‘(B) after providing notice, hold a public hearing on the project if the project affects significant economic, social, or environmental interests; ‘‘(C) consider the economic, social, and environmental effects of the project; and ‘‘(D) find that the project is consistent with official plans for developing the community. ‘‘(2) NOTICE.—Notice of a hearing under this subsection— ‘‘(A) shall include a concise description of the proposed project; and ‘‘(B) shall be published in a newspaper of general circulation in the geographic area the project will serve. ‘‘(3) APPLICATION REQUIREMENTS.—An application for a grant under this chapter for a capital project described in paragraph (1) shall include— ‘‘(A) a certification that the applicant has complied with the requirements of this subsection; and ‘‘(B) in the environmental record for the project, evidence that the applicant has complied with the requirements of this subsection.’’.

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