Page:United States Statutes at Large Volume 119.djvu/1637

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1619

of 10 or fewer buses under the post-delivery purchaser’s requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations.’’. (l) GRANT REQUIREMENTS.—Section 5323(o) is amended by striking ‘‘the Transportation Infrastructure Finance and Innovation Act of 1998’’ and inserting ‘‘chapter 6 (other than section 609) of title 23’’. (m) ALTERNATIVE FUELING FACILITIES.—Section 5323 is amended by adding at the end the following: ‘‘(p) ALTERNATIVE FUELING FACILITIES.—A recipient of assistance under this chapter may allow the incidental use of federally funded alternative fueling facilities and equipment by nontransit public entities and private entities if— ‘‘(1) the incidental use does not interfere with the recipient’s public transportation operations; ‘‘(2) all costs related to the incidental use are fully recaptured by the recipient from the nontransit public entity or private entity; ‘‘(3) the recipient uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and ‘‘(4) private entities pay all applicable excise taxes on fuel.’’. SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS.

(a) IN GENERAL.—Section 5324 is amended to read as follows: ‘‘§ 5324. Special provisions for capital projects ‘‘(a) RELOCATION AND REAL PROPERTY REQUIREMENTS.—The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) shall apply to financial assistance for capital projects under this chapter. ‘‘(b) CONSIDERATION OF ECONOMIC, SOCIAL, AND ENVIRONMENTAL INTERESTS.— ‘‘(1) COOPERATION AND CONSULTATION.—In carrying out the policy of section 5301(e), the Secretary shall cooperate and consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency on each project that may have a substantial impact on the environment. ‘‘(2) PUBLIC PARTICIPATION IN ENVIRONMENTAL REVIEWS.— In performing environmental reviews, the Secretary shall review each transcript of a hearing submitted under section 5323(b) to establish that an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest in the project, and that the project application includes a record of— ‘‘(A) the environmental impact of the proposal; ‘‘(B) adverse environmental effects that cannot be avoided; ‘‘(C) alternatives to the proposal; and ‘‘(D) irreversible and irretrievable impacts on the environment. ‘‘(3) APPROVAL OF APPLICATIONS FOR ASSISTANCE.— ‘‘(A) FINDINGS BY THE SECRETARY.—The Secretary may approve an application for financial assistance for a capital project in accordance with this chapter only if the Secretary makes written findings, after reviewing the application

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