92 STAT. 2742
Appropriation authorization. 49 USC 1604.
Post, p. 2743.
PUBLIC LAW 95-599—NOV. 6, 1978 submit annually a report to the Secretary concerning the allocation of funds made available under this paragraph.". (b) Section 5(c)(2) of the Urban Mass Transportation Act of 1964 ig amended to read as follows: "In addition to sums authorized in paragraph (1) of this subsection, there is authorized to be appropriated for the fiscal year ending September 30, 1980, the additional amount of $125,000,000. This amount shall be available for apportionment pursuant to subsection (a)(1) of this section.". (c) Section 5(c) of the Urban Mass Transportation Act of 1964 is amended by adding at the end thereof the following new paragraphs: "(3) Appropriations pursuant to this section shall be available until expended. "(4) Sums apportioned under this section shall be available for obligation by the Governor or designated recipient for a period of three years following the close of the fiscal year for which such sums are apportioned. Any amounts so apportioned remaining unobligated at the end of such period shall be added to the amount available for apportionment under this section for the succeeding fiscal year, except that any funds authorized by section 5(a)(3) and (4) which are so reapportioned shall remain subject to the limitations applicable to the original apportionment of such funds.". (d) Section 5(f) of the Urban Mass Transportation Act of 1964 is amended to read as follows: "(f) Federal funds available for expenditure for mass transportation projects under this section and apportioned for fiscal years ending prior to October 1, 1981, shall be supplementary to and not in substitution for the average amount of State and local government funds and other transit revenues such as advertising concessions, and property leases, excluding reimbursement payments for the transportation of schoolchildren, expended on the operation of mass transportation service in the area involved for the two fiscal years preceding the fiscal year for which the funds are made available: Provided, however, That if such State and local government funds or other transit revenues are reduced, there shall be no loss of Federal assistance under this section if such reduction is offset by an increase in operating revenues through changes in fare structure. Nothing in the preceding sentence shall be construed as preventing State or local tax revenues which are used for the operation of mass transportation service in the area involved from being credited (to the extent necessary) toward the non-Federal share of the cost of the project. Where the Secretary finds that a recipient has reduced operating costs without reducing service levels the recipient shall be entitled to make a proportionate reduction in the amount of transit revenues required to be expended under this subsection.". (e) Section 5(g) of the Urban Mass Transportation Act of 1964 is amended to read as follows; "(g) The Secretary shall not approve a grant or loan for a project under this section unless he finds that such project is part of the approved program of projects required by section 8 of this Act, and that the applicant or responsible agency has or will have— "(1) the legal, financial, and technical capacity to carry out the proposed project; and " (2) satisfactory continuing control, throiigh operation or lease or otherwise, over the use of project facilities and equipment.". (f) Section 5(i) of the Urban Mass Transportation Act of 1964 is amended by striking out "and (2)" and inserting in lieu thereof
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