Sec. 3034. MULTIYEAR CONTRACT FOR METRO RAIL PROJECT

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## SEC. 3034 MULTIYEAR CONTRACT FOR METRO RAIL PROJECT ###

(a)Supplemental EIS Not later than April 1, 1992, and in accordance with the National Environmental Policy Act of 1969, the Secretary shall complete preparation of a final supplemental environmental impact statement for Minimum Operable Segment-3 (other than the East Side Extension) and publish a notice of the completion of such statement in the Federal Register. Such statement shall reflect any alignment changes in the Los Angeles Metro Rail Project and any determination of an amended locally preferred alternative for the project. In preparing such statement, the Secretary shall rely, to the maximum extent feasible, upon existing environmental studies and analyses conducted with respect to the project, including the Draft Supplemental Environmental Impact Statement (dated November 1987) and the Final Supplemental Environmental Impact Statement (dated July 1989). ###

(b)Amendment to Contract To Include Construction of MOS–3 ####

(1)Negotiation Not later than April 1, 1992, the Secretary shall begin negotiations with the Commission on an amendment to the full funding contract under section 3 of the Federal Transit Act (dated April 1990) for construction of Minimum Operable Segment–2 of the Los Angeles Metro Rail Project in order to include construction of Minimum Operable Segment–3 (including the commitment described in paragraph

(4)to provide Federal funding for the East Side Extension) in such contract. ####

(2)Execution Not later than October 15, 1992, the Secretary shall— #####

(A)complete negotiations and execute the amended contract under paragraph (1); and #####

(B)issue a record of decision approving the construction of Minimum Operable Segment–3 (other than the East Side Extension). ####

(3)Payment of federal share #####

(A)Federal share The amended contract under paragraph

(1)shall provide that the Federal share of the cost of construction of Minimum Operable Segment–3 for fiscal years 1993 through 1997 shall be $695,000,000. #####

(B)Payment The amended contract under paragraph

(1)shall provide that the Federal share of the cost of construction of Minimum Operable Segment–3 shall be paid by the Secretary from amounts available under section 3 of the Federal Transit Act in accordance with a schedule for annual payments set forth in such contract. ####

(4)East Side Extension The amended contract under paragraph

(1)shall include a commitment to provide Federal funding for the East Side Extension, subject to completion of alternatives analysis and satisfaction of Federal environmental requirements. ####

(5)Advance construction #####

(A)In general The amended contract under paragraph

(1)shall provide that the Commission may construct any portion of Minimum Operable Segment–3 in accordance with section 3(l) of the Federal Transit Act. #####

(B)Amount The Commission may use advance construction authority in an amount not to exceed the sum of $535,000,000 plus the difference (if any) between the Federal share specified in paragraph

(3)for fiscal years 1993 through 1997 and the amount of Federal funds actually provided in those fiscal years. #####

(C)Conversion to grants In the event the Commission uses advance construction authority under this paragraph, the Secretary shall convert that authority into a grant and shall reimburse the Commission, from funds available under section 3 of the Federal Transit Act, for the Federal share of the amounts expended. Such conversion and reimbursement shall be made by the Secretary in fiscal years 1998, 1999, and 2000 and shall be equal to the Federal share of the amounts expended by the Commission pursuant to this paragraph (plus any eligible bond interest under section 3(l)(2) of the Federal Transit Act). ###

(c)Further Amendment to Contract Not later than October 15, 1996, the Secretary shall negotiate and enter into a further amendment to the contract described in subsection (b)(1) in order to provide Federal funding for Minimum Operable Segment–3 for fiscal years 1998 through 2000. The amended contract shall include provisions for the use and reimbursement of advance construction in the manner set forth in subsection (b)(5). ###

(d)Continuing Preliminary Engineering Before the date on which an amended contract is executed under subsection (b), the Secretary shall, upon receipt of an application from the Commission, make a grant to the Commission from amounts available under section 3 of the Federal Transit Act for continuing preliminary engineering and environmental analysis work for Minimum Operable Segment–3. ###

(e)Addition of East Side Extension ####

(1)Alternatives analysis and environmental review The Secretary shall cooperate with the Commission in alternatives analysis and environmental review, including preparation of a draft environmental impact statement, for the East Side Extension. Upon receipt of an application from the Commission, the Secretary shall make a grant to the Commission, from amounts available under section 3 of the Federal Transit Act, for preliminary engineering, design, and related expenses for the East Side Extension, in an amount equal to 50 percent of the cost of such activities. Such funds shall be provided from the amounts made available by the Secretary under subsection (b)(3). ####

(2)Supplemental eis Not later than December 1, 1993, and in accordance with the National Environmental Policy Act of 1969, the Secretary shall complete preparation of a final supplemental environmental impact statement for the East Side Extension and shall publish a notice of completion of such statement in the Federal Register. ####

(3)Amendment to contract to include east side extension #####

(A)Negotiation Immediately upon the completion of alternatives analysis and preliminary engineering for the East Side Extension, the Secretary shall begin negotiations with the Commission on a further amendment to the contract referred to in subsection (b)(1) in order to include construction of the East Side Extension. #####

(B)Execution Not later than June 1, 1994, the Secretary shall— ######

(i)complete negotiations and execute the amended contract under subparagraph (A); and ######

(ii)issue a record of decision approving the construction of the East Side Extension. #####

(C)Contents The amended contract under subparagraph

(A)shall be consistent with the commitment made under subsection (b)(4) and shall include appropriate changes to the existing scope of work to include the East Side. ###

(f)Applicability of Federal Requirements The amended contracts under this section shall provide that any activity under Minimum Operable Segment–3 that is financed entirely with non-Federal funds shall not be subject to any Federal statute, regulation, or program guidance, unless the Federal statute or regulation in question, by its terms, otherwise applies to and covers such activity. ###

(g)Criteria for New Starts Minimum Operable Segment–3 shall be deemed to be a project described in and covered by section 303(b) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. ###

(h)Notification of Noncompliance If the Secretary is unable to comply with a deadline established by this section, the Secretary shall report to Congress on the reasons for the noncompliance and shall provide such Committees a firm schedule for taking the action required. ###

(i)Definitions For the purposes of this section, the following definitions apply: ####

(1)Commission The term “**Commission**” means the Los Angeles County Transportation Commission (or any successor thereto). ####

(2)East side extension The term “**East Side Extension**” means that portion of Minimum Operable Segment–3 described in paragraph (3)(C). ####

(3)Minimum operable segment–3 The term “**Minimum Operable Segment–3**” means that portion of the Los Angeles Metro Rail Project which consists of 7 stations and approximately 11.6 miles of heavy rail subway on the following lines: #####

(A)One line running west and northwest from the Hollywood/Vine station to the North Hollywood station, with 2 intermediate stations. #####

(B)One line running west from the Wilshire/Western station to the Pico/San Vicente station, with one intermediate station. #####

(C)One line consisting of an initial line of approximately 3 miles in length, with at least 2 stations, beginning at Union Station and running generally east.