Collapse to view only § 51104. Environmental requirements
- § 51101. Definitions
- § 51102. Grant authority
- § 51103. Grant applications
- § 51104. Environmental requirements
- § 51105. Authorization of appropriations
§ 51101. DefinitionsIn this chapter—
(1) the definitions in section 50501 of this title apply.
(2) “commercial space transportation infrastructure development” includes—
(A) construction, improvement, design, and engineering of space transportation infrastructure in the United States; and
(B) technical studies to define how new or enhanced space transportation infrastructure can best meet the needs of the United States commercial space transportation industry.
(3) “project” means a project (or separate projects submitted together) to carry out commercial space transportation infrastructure development, including the combined submission of all projects to be undertaken at a particular site in a fiscal year.
(4) “project grant” means a grant of an amount by the Secretary of Transportation to a sponsor for one or more projects.
(5) “public agency” means a State or an agency of a State, a political subdivision of a State, or a tax-supported organization.
(6) “sponsor” means a public agency that, individually or jointly with one or more other public agencies, submits to the Secretary under this chapter an application for a project grant.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343, § 70301 of title 49; renumbered § 70301 then § 51101 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (4)(A), (6)(A), Dec. 18, 2010, 124 Stat. 3440–3442.)
§ 51102. Grant authority
(a)General Authority.—To ensure the resiliency of the space transportation infrastructure of the United States, the Secretary of Transportation may make project grants to sponsors as provided in this chapter.
(b)Limitations.—The Secretary may make a project grant under this chapter only if—
(1) at least 10 percent of the total cost of the project will be paid by the private sector; and
(2) the grant will not be for more than 50 percent of the total cost of the project.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1343, § 70302 of title 49; renumbered § 70302 then § 51102 of title 51, Pub. L. 111–314, § 4(d)(2), (4)(B), Dec. 18, 2010, 124 Stat. 3440, 3441.)
§ 51103. Grant applications
(a)General.—A sponsor may submit to the Secretary of Transportation an application for a project grant. The application must state the project to be undertaken and be in the form and contain the information the Secretary requires.
(b)Considerations and Consultation.—
(1) In selecting proposed projects for grants under this section, the Secretary of Transportation shall consider—
(A) the contribution of the project to industry capabilities that serve the United States Government’s space transportation needs;
(B) the extent of industry’s financial contribution to the project;
(C) the extent of industry’s participation in the project;
(D) the positive impact of the project on the international competitiveness of the United States space transportation industry;
(E) the extent of State contributions to the project; and
(F) the impact of the project on launch operations and other activities at Government launch ranges.
(2) The Secretary of Transportation shall consult with the Secretary of Defense, the Administrator of the National Space and Aeronautics Administration, and the heads of other appropriate agencies of the Government about paragraph (1)(A) and (F) of this subsection.
(c)Requirements.—The Secretary of Transportation may approve an application only if the Secretary is satisfied that—
(1) the project will contribute to the purposes of this chapter;
(2) the project is reasonably consistent with plans (existing at the time of approval of the project) of public agencies that are—
(A) authorized by the State in which the project is located; and
(B) responsible for the development of the area surrounding the project site;
(3) if the application proposes to use Government property, the specific consent of the head of the appropriate agency has been obtained;
(4) the project will be completed without unreasonable delay;
(5) the sponsor submitting the application has the legal authority to engage in the project; and
(6) any additional requirements prescribed by the Secretary have been met.
(d)Preference for Industry Contributions.—The Secretary of Transportation shall give preference to applications for projects for which there will be greater industry financial contributions, all other factors being equal.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1344, § 70303 of title 49; renumbered § 70303 then § 51103 of title 51, Pub. L. 111–314, § 4(d)(2), (4)(C), Dec. 18, 2010, 124 Stat. 3440, 3441.)
§ 51104. Environmental requirements
(a)Policy.—It is the policy of the United States that projects selected under this chapter shall provide for the protection and enhancement of the natural resources and the quality of the environment of the United States. In carrying out this policy, the Secretary of Transportation shall consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency about a project that may have a significant effect on natural resources, including fish and wildlife, natural, scenic, and recreational assets, water and air quality, and other factors affecting the environment. If the Secretary of Transportation finds that a project will have a significant adverse effect, the Secretary may approve the application for the project only if, after a complete review that is a matter of public record, the Secretary makes a written finding that no feasible and prudent alternative to the project exists and that all reasonable steps have been taken to minimize the adverse effect.
(b)Public Hearing Requirement.—The Secretary of Transportation may approve an application only if the sponsor of the project certifies to the Secretary that an opportunity for a public hearing has been provided to consider the economic, social, and environmental effects of the project and its consistency with the goals of any planning carried out by the community. When a hearing is held under this paragraph, the sponsor shall submit a copy of the transcript of the hearing to the Secretary.
(c)Compliance With Air and Water Quality Standards.—
(1) The Secretary of Transportation may approve an application only if the chief executive officer of the State in which the project is located certifies in writing to the Secretary that there is reasonable assurance that the project will be located, designed, constructed, and operated to comply with applicable air and water quality standards. If the Administrator has not prescribed those standards, certification shall be obtained from the Administrator. Notice of certification or refusal to certify shall be provided not later than 60 days after the Secretary receives the application.
(2) The Secretary of Transportation shall condition the approval of an application on compliance with applicable air and water quality standards during construction and operation.
(d)Compliance With Laws and Regulations.—The Secretary of Transportation may require a certification from a sponsor that the sponsor will comply with all applicable laws and regulations. The Secretary may rescind at any time acceptance of a certification from a sponsor under this subsection. This subsection does not affect any responsibility of the Secretary under another law, including—
(1)section 303 of title 49;
(2) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.);
(3) title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.);
(4) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(5) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1344, § 70304 of title 49; renumbered § 70304 then § 51104 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (4)(D), (6)(B), Dec. 18, 2010, 124 Stat. 3440, 3441, 3443.)
§ 51105. Authorization of appropriations
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1345, § 70305 of title 49; renumbered § 70305 then § 51105 of title 51, Pub. L. 111–314, § 4(d)(2), (4)(E), Dec. 18, 2010, 124 Stat. 3440, 3441.)