49 U.S.C. § 305 — Transportation investment standards and

Page 107 TITLE 49—TRANSPORTATION § 306 1 See References in Text note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. § 305. Transportation investment standards and criteria (a) Subject to sections 301–304 1 of this title, the Secretary of Transportation shall develop standards and criteria to formulate and eco- nomically 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 Con- gress, the Secretary shall prescribe standards and criteria developed or revised under this sub- section. This subsection does not apply to— (1) the acquisition of transportation facili- ties 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 transpor- tation; (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 in- vestment on existing modes of transpor- tation 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 depart- ments, agencies, and instrumentalities of the Government, States, and local govern- ments, and include their views and com- ments; and (3) send the survey, plan, or report to the President for disposition under law and proce- dure established by the President. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2420.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 305(a) ......... 49:1656(a) (less next- to-last par.). Oct. 15, 1966, Pub. L. 89–670, § 7 (less (a) next-to-last par.), 80 Stat. 941. 305(b) ......... 49:1656 (less (a)). In subsection (a), before clause (1), the words ‘‘con- sistent with national transportation policies’’ after ‘‘develop standards and criteria’’ are omitted as unnec- essary 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 pre- scribe’’ 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 pro- posals as are concerned with’’ for clarity. In clause (1), the words ‘‘a department, agency, or instrumentality of the Government’’ are substituted for ‘‘Federal agen- cies’’ 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 omit- ted as superseded because 42:1962(a) gave the Secretary membership on the Council without limitation. In subsection (b)(2), the words ‘‘unit of’’ before ‘‘gov- ernments’’ are omitted as surplus. In clause (3), the word ‘‘thereafter’’ after ‘‘send’’ is omitted as surplus. Editorial Notes REFERENCES IN TEXT Section 304 of this title, referred to in subsec. (a), was amended generally by Pub. L. 112–141, div. A, title I, § 1314(a), July 6, 2012, 126 Stat. 547. § 306. Prohibited discrimination (a) In this section, ‘‘financial assistance’’ in- cludes obligation guarantees. (b) A person in the United States may not be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a project, program, or activity because of race, color, national origin, or sex when any part of the project, program, or activity is fi- nanced through financial assistance under sec- tion 332 or 333 or chapter 221, 224, or 249 of this title, or section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726). (c) When the Secretary of Transportation de- cides that a person receiving financial assist- ance under a law referred to in subsection (b) of this section has not complied with that sub- section, a Federal civil rights law, or an order or regulation issued under a Federal civil rights law, the Secretary shall notify the person of the decision and require the person to take nec- essary action to ensure compliance with that subsection. (d) If a person does not comply with sub- section (b) of this section within a reasonable time after receiving a notice under subsection (c) of this section, the Secretary shall take at least one of the following actions: (1) direct that no more Federal financial as- sistance be provided the person.