PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 2093 SEC. 3009. BUS TESTING. Section 3 is amended by adding at the end the following new 49 USC app. subsection: ^^^2. "(m) Bus TESTING.—Of the amounts made available for replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus related facilities by subsection (k)(l)(C), the Secretary shall make available $1,500,000 in fiscal year 1992, $2,000,000 in fiscal year 1993, the lesser of $2,000,000 or an amount the Secretary determines to be necessary per fiscal year in each of fiscal years 1994, 1995, and 1996, and the lesser of $3,000,000 or an amount the Secretary determines to be necessary in fiscal year 1997. Such amounts shall be available to the Secretary to pay 80 percent of the cost of testing a vehicle at the facility established under section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (49 U.S.C. App. 1608). The Secretary shall make such payments by contract with the operator of the facility. The remaining 20 percent of the cost of testing a vehicle shall be paid to the operator of the facility by the entity having the vehicle tested.". SEC. 3010. CRITERIA FOR NEW STARTS. Section 3(i) is amended to read as follows: "(i) NEW START CRITERIA. — "(1) DETERMINATIONS. — A grant or loan for construction of a new fixed guideway system or extension of any fixed guideway system may not be made under this section unless the Secretary determines that the proposed project— "(A) is based on the results of an alternatives analysis and preliminary engineering; "(B) is justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, and operating efficiencies; and "(C) is supported by an acceptable degree of local financial commitment, including evidence of stable and dependable funding sources to construct, maintain, and operate the system or extension. "(2) CONSIDERATIONS. —In making determinations under this subsection, the Secretary— "(A) shall consider the direct and indirect costs of relevant alternatives; "(B) shall account for costs related to such factors as congestion relief, improved mobility, air pollution, noise pollution, congestion, energy consumption, and all associated ancillary and mitigation costs necessary to implement each alternative analyzed; and "(C) shall identify and consider transit supportive existing land use policies and future patterns, and consider other factors including the degree to which the project increases the mobility of the transit dependent population or promotes economic development, and other factors that the Secretary deems appropriate to carry out the purposes of this Act. " (3) GUIDELINES. — "(A) IN GENERAL.— The Secretary shall issue guidelines that set forth the means by which the Secretary shall evaluate results of alternatives analysis, project justifica-
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