Page:United States Statutes at Large Volume 92 Part 3.djvu/114

 92 STAT. 2746

Definitions.

49 USC 1604.

PUBLIC LAW 95-599—NOV. 6, 1978 consideration of performance, standardization, life-cycle costs, and other factors the Secretary may deem relevant, in addition to the consideration of initial capital costs. Where necessary, the Secretary shall assist grantees in making such evaluations.". (b) Subsection (c) is amended to read as follows: " (c) As used in this Act.— " (1) the term 'construction' means the supervising, inspecting, actual building, and all expenses incidental to the acquisition, construction, or reconstruction of facilities and equipment for use in public transportation, including designing, engineering, location surveying, mapping, acquisition of rights-of-way, relocation assistance, acquisition of replacement housing sites, acquisition and rehabilitation, relocation, and construction of replacement housing; "(2) the term 'fixed guideway' means any public transportation facility which utilizes and occupies a separate right-of-way for the exclusive use of public transportation service including, but not limited to, fixed rail, automated guideway transit, and exclusive facilities for buses and other high occupancy vehicles; "(3) the term 'Governor' means the ranking executive officer or his designate for each of the jurisdictions included in the definition of 'State': "(4) the term 'handicapped person' means any individual who by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, including any person who is wheelchair bound or has semiambulatory capabilities, is unable without special facilities or special planning or design to utilize public transportation facilities and services effectively. The Secretary may, by regulation, adopt modifications of this definition for purposes of section 5(m) of this Act; "(5) the term 'local public bodies' includes municipalities and other political subdivisions of States; public agencies and instrumentalities of one or more States, municipalities and political subdivisions of States; Indian tribes; and public corporations, boards, and commissions established under the laws of any State; "(6) the term 'mass transportation' means transportation by bus, or rail, or other conveyance, either publicly or privately owned, which provides to the public general or special service (but not including school buses or charter or sightseeing service) on a regular and continuing basis; "(7) the term 'public transportation' means mass transportation; "(8) the term 'Secretary' means the Secretary of Transportation; "(9) The term 'States' means the several States, the District of Columbia, the Commonwealths of Puerto E-ico and the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands; "(10) the term 'urban area' means any area that includes a municipality or other built-up place which is appropriate, in the judgment of the Secretary, for a public transportation system to serve commuters or others in the locality taking into consideration the local patterns and trends of urban growth; and "(11) the term 'urbanized area' means an area so designated by the Bureau of Census, within boundaries which shall be fixed by

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