
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC305]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
         SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
 
Sec. 305. Transportation investment standards and criteria

    (a) Subject to sections 301-304 of this title, the Secretary of 
Transportation shall develop standards and criteria to formulate and 
economically evaluate all proposals for investing amounts of the United 
States Government in transportation facilities and equipment. Based on 
experience, the Secretary shall revise the standards and criteria. When 
approved by Congress, the Secretary shall prescribe standards and 
criteria developed or revised under this subsection. This subsection 
does not apply to--
        (1) the acquisition of transportation facilities or equipment by 
    a department, agency, or instrumentality of the Government to 
    provide transportation for its use;
        (2) an inter-oceanic canal located outside the 48 contiguous 
    States;
        (3) defense features included at the direction of the Department 
    of Defense in designing and constructing civil air, sea, or land 
    transportation;
        (4) foreign assistance programs;
        (5) water resources projects; or
        (6) grant-in-aid programs authorized by law.

    (b) A department, agency, or instrumentality of the Government 
preparing a survey, plan, or report that includes a proposal about which 
the Secretary has prescribed standards and criteria under subsection (a) 
of this section shall--
        (1) prepare the survey, plan, or report under those standards 
    and criteria and on the basis of information provided by the 
    Secretary on the--
            (A) projected growth of transportation needs and traffic in 
        the affected area;
            (B) the relative efficiency of various modes of 
        transportation;
            (C) the available transportation services in the area; and
            (D) the general effect of the proposed investment on 
        existing modes of transportation and on the regional and 
        national economy;

        (2) coordinate the survey, plan, or report--
            (A) with the Secretary and include the views and comments of 
        the Secretary; and
            (B) as appropriate, with other departments, agencies, and 
        instrumentalities of the Government, States, and local 
        governments, and include their views and comments; and

        (3) send the survey, plan, or report to the President for 
    disposition under law and procedure established by the President.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2420.)

                                          Historical and Revision Notes
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           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
305(a)................................  49:1656(a) (less next-to-last    Oct. 1
5, 1966, Pub. L. 89-670, Sec.  7
                                         par.).                           (less
 (a) next-to-last par.), 80 Stat.
                                                                          941.
305(b)................................  49:1656 (less (a)).
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---------------------------------

    In subsection (a), before clause (1), the words ``consistent with 
national transportation policies'' after ``develop standards and 
criteria'' are omitted as unnecessary because of section 302 of the 
revised title. The words ``Based on experience'' are substituted for 
``in the light of experience'', and the words ``shall prescribe'' are 
substituted for ``be promulgated by the'', to conform to other sections 
of the revised title. The words ``from time to time'' after ``shall 
revise'' are omitted as unnecessary. The words ``This subsection does 
not apply to'' are substituted for ``except such proposals as are 
concerned with'' for clarity. In clause (1), the words ``a department, 
agency, or instrumentality of the Government'' are substituted for 
``Federal agencies'' for clarity and consistency. Similar conforming 
changes are made throughout the section. The word ``services'' after 
``provide transportation'' is omitted as unnecessary. In clause (2), the 
words ``48 contiguous States'' are substituted for ``contiguous United 
States'' for clarity.
    The text of 49:1656(a) (last par.) that provided that the Secretary 
of Transportation was a member of the Water Resources Council on matters 
pertaining to navigation features of water resource projects is omitted 
as superseded because 42:1962(a) gave the Secretary membership on the 
Council without limitation.
    In subsection (b)(2), the words ``unit of'' before ``governments'' 
are omitted as surplus. In clause (3), the word ``thereafter'' after 
``send'' is omitted as surplus.
