An Act to provide long-term financing for expanded urban public transportation programs, and for other purposes
PL 91-453 (S.3154), enacted 10/15/1970

962 
PUBLIC LAW 91-453-OCT. 15, 1970 
[84 STAT. 
TITLE XIII—GENERAL PROVISIONS 
separability. 
gEc. 1301. If the provisioHS of Mij part of this Act or the applica-
tion thereof to any person or circumstances be held invalid, the pro-
visions of the other parts and their application to other persons or 
circumstances shall not be affected thereby. 
Approved October 15, 1970. 
October 15, 1970 
[S.3154] 
Public Law 91-453 
AN ACT 
To provide long-term financing for expanded urban mass transportation 
programs, and for other purposes. 
Urban Mass 
Transportation 
Assistance Act of 
1970. 
78 Stat. 302. 
49 u s e 1601 
note. 
Federal 
financial assist-
78 Stat. 303. 
Grants and 
loans. 
Eligible facil-
ities and equip-
ment. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the Congress 
finds that the rapid urbanization and the continued dispersal of 
population and activities within urban areas has made the ability 
of all citizens to move quickly and at a reasonable cost an urgent 
national problem; that it is imperative, if efficient, safe, and con-
venient transportation compatible with soundly planned urban areas 
is to be achieved, to continue and expand the Urban Mass Transporta-
tion Act of 1964; and that success will require a Federal commitment 
for the expenditure of at least $10,000,000,000 over a twelve-year 
period to permit confident and continuing local planning, and greater 
flexibility in program administration. It is the purpose of this Act 
to create a partnership which permits the local community, through 
Federal financial assistance, to exercise the initiative necessary to 
satisfy its urban mass transportation requirements. 
SEC. 2. Section 3 of the Urban Mass Transportation Act of 1964, 
as amended (49 U.S.C. 1602), is amended— 
(1) by redesignating subsection (c) as subsection (e) ; and 
(2) by striking out subsections (a) and (b) and inserting in 
lieu thereof subsections (a), (b), (c), and (d), as follows: 
" (a) The Secretary is authorized, in accordance with the provisions 
of this Act and on such terms and conditions as he may prescribe, to 
make grants or loans (directly, through the purchase of securities or 
equipment trust certificates, or otherwise) to assist States and local 
public bodies and agencies thereof in financing the acquisition, con-
struction, reconstruction, and improvement of facilities and equip-
ment for use, by operation or lease or otherwise, in mass transporta-
tion service in urban areas and in coordinating such service with 
highway and other transportation in such areas. Eligible facilities and 
equipment may include land (but not public highways), buses and 
other rolling stock, and other real and personal property needed for 
an efficient and coordinated mass transportation system. No grant or 
loaoi shall be provided under this section unless the Secretary deter-, 
mines that the applicant has or will have— 
84 STAT. ] 
PUBLIC LAW 91-453-OCT. 15, 1970 
963 
"(1) the legal, financial, and technical capacity to carry out 
the proposed project; and 
" (2) satisfactory continuing control, through operation or lease 
or otherwise, over the use of the facilities and equipment. 
The Secretary may make loans for real property acquisition pursuant 
Reai property 
to subsection (b) upon a determination, which shall be in lieu of the ^^^'^"1^^"*'°"'''°"" 
preceding determinations, that the real property is reasonably expected 
to be required in connection with a mass transportation system and 
that it will be used for that purpose within a reasonable period. 
No grant or loan funds shall be used for payment of ordinary govern- 
operating 
mental or nonprofit operating expenses. An applicant for assistance hfbiiron.^' ^'^°" 
under this section for a project located wholly or partly in a State in 
which there is statewide comprehensive transportation planning shall 
furnish a copy of its application to the Governor of each State affected 
concurrently with submission to the Secretary. If, within thirty days 
thereafter, the Governor submits comments to the Secretary, the Sec-
retary must consider the comments before taking final action on the 
application. 
"(b) The Secretary is authorized to make loans under this section 
to States or local public bodies and agencies thereof to finance the 
acquisition of real property and interests in real property for use as 
rights-of-way, station sites, and related purposes, on urban mass 
transportation systems, including the net cost of property manage-
ment and relocation payments made pursuant to section 7. Each loan 
^s stat. 305. 
agreement under this subsection shall provide for actual construction 
'^^ ^^^ ^^°^' 
of urban mass transportation facilities on acquired real property 
within a period not exceeding ten years following the fiscal year in 
which the agreement is made. Each agreement shall provide that 
in the event acquired real property or interests in real property are 
not to be used for the purposes for which acquired, an appraisal of 
current value will be made at the time of that determination, which 
shall not be later than ten years following the fiscal year in which the 
agreement is made. Two-thirds of the increase in value, if any, over 
the original cost of the real property shall be paid to the Secretary for 
credit to miscellaneous receipts of the Treasury. Repayment of amounts 
Repayment. 
loaned shall be credited to miscellaneous receipts of the Treasury. A 
loan made under this subsection shall be repayable within ten years 
from the date of the loan agreement or on the date a grant agreement 
for actual construction of facilities on the acquired real property 
is made, whichever date is earlier. A grant agreement for construction 
of facilities under this Act may provide for forgiveness of the repay-
ment of the principal and accrued interest on the loan then outstand-
ing in lieu of a cash grant in the amount thus forgiven, which for all 
purposes shall be considered a part of the grant and of the Federal 
964 
PUBLIC LAW 91-453-OCT. 15, 1970 
[84 STAT. 
portion of the cost of the project. An applicant for assistance under 
this subsection shall furnish a copy of its application to the compre-
hensive planning agency of the community affected concurrently with 
submission to the Secretary. If within a period of thirty days there-
after (or, in a case where the comprehensive planning agency of the 
community (during such thirty-day period) requests more time, 
within such longer period as the Secretary may determine) the com-
prehensive planning agency of the community affected submits com-
ments to the Secretary, the Secretary must consider the comments 
before taking final action on the application. 
"(c) No loans shall be made under this section for any project for 
which a grant is made under this section, except— 
"(1) loans may be made for projects as to which grants are 
made for relocation payments; and 
"(2) project grants may be made even though the real property 
involved in the project has been or will be acquired as a result 
of a loan under subsection (b). 
Interest rates. 
Interest ou loaus made under this section shall be at a rate not less 
than (i) a rate determined by the Secretary of the Treasury, taking 
into consideration the current average market yield on outstanding 
marketable obligations of the United States with remaining periods 
to maturity comparable to the average maturities of such loans 
adjusted to the nearest one-eighth of 1 per centum, plus (ii) an 
allowance adequate in the judgment of the Secretary of Transporta-
tion to cover administrative costs and probable losses under the pro-
gram. No loans shall be made, including renewals or extensions thereof, 
and no securities or obligations shall be purchased, which have 
maturity dates in excess of forty years. 
"(d) Any application for a grant or loan under this Act to finance 
the acquisition, construction, reconstruction, or improvement of facili-
ties or equipment which will substantially affect a community or its 
mass transportation service shall include a certification that the 
applicant— 
Hearings. 
"(1) has afforded an adequate opportunity for public hearings 
pursuant to adequate prior notice, and has held such hearings 
unless no one with a significant economic, social, or environmental 
interest in the matter requests a hearing; 
" (2) has considered the economic and social effects of the project 
and its impact on the environment; and 
"(3) has found that the project is consistent with official plans 
for the comprehensive development of the urban area. 
Notice of any hearings under this subsection shall include a concise 
statement of the proposed project, and shall be published in a news-
paper of general circulation in the geographic area to be served. If 
hearings have been held, a copy of the transcript of the hearings shall 
be submitted with the application." 
84 STAT. ] 
PUBLIC LAW 91-453-OCT. 15, 1970 
965 
SEC. 3 (a) Section 4(a) of the Urban Mass Transportation Act of 
^^7/J^^^ 
1964, as amended (49 U.S.C. 1603(a)), is amended— 
^'^7^8^*1.304; 
(1) by striking out "section 3" in the first sentence and in- 82 stat. 535. 
serting m lieu thereof "subsection (a) of section 3"; and 
(2) by striking out the next to the last sentence and inserting 
in lieu thereof the following: "Such remainder may be pro-
vided in whole or in part from other than public sources and 
any public or private transit system funds so provided shall 
be solely from undistributed cash surpluses, replacement or 
depreciation funds or reserves available in cash, or new capital." 
(b) Section 4 of such Act, as amended (49 U.S.C. 1603), is amended 
Appropriation. 
by adding at the end thereof the following new subsections: 
"(c) To finance grants and loans under sections 3,7 (b), and 9 of this 
Act, the Secretary is authorized to incur obligations on behalf of the ^^£*^^ 305^^' 
United States in the form of grant agreements or otherwise in amounts so stat! 71s! 
aggregating not to exceed $3,100,000,000, less amounts appropriated 
49 use 1602, 
pursuant to section 12(d) of this Act and the amount appropriated to ^^pl'J^p^^l'^e, 
the Urban Mass Transportation Fund by Public Law 91-168. This 
83 st'at.'46o.* 
amount (which shall be in addition to any amounts available to finance 
such activities under subsection (b) of this section) shall become avail- 
^^ ^^^^' ^^2* 
able for obligation upon the date of enactment of this subsection and 
shall remain available until obligated. There are authorized to be 
appropriated for liquidation of the obligations incurred under this 
subsection not to exceed $80,000,000 prior to July 1, 1971, which 
amount may be increased to not to exceed an aggregate of $310,000,000 
prior to July 1,1972, not to exceed an aggregate of $710,000,000 prior to 
July 1, 1973, not to exceed an aggregate of $1,260,000,000 prior to 
July 1, 1974, not to exceed an aggregate of $1,860,000,000 prior to 
July 1, 1975, and not to exceed an aggregate of $3,100,000,000 there-
after. The total amounts appropriated under this subsection and sec-
tion 12(d) of this Act shall not exceed the limitations in the foregoing 
schedule. Sums so appropriated shall remain available until expended. 
"(d) The Secretary shall report annually to the Congress with 
Report to 
respect to outstanding grants or other contractual agreements executed 
°"^''^^^' 
pursuant to subsection (c) of this section. To assure program conti- 
Authorization 
nuity and orderly planning and project development, the Secretary, ""^'^"^^ ^
* 
after consultation with State and local public agencies, shall submit to 
the Congress (1) authorization requests for fiscal years 1976 and 1977 
not later than February 1, 1972, (2) authorization requests for fiscal 
years 1978 and 1979 not later than February 1,1974, (3) authorization 
requests for fiscal years 1980 and 1981 not later than February 1,1976, 
and (4) an authorization request for fiscal year 1982 not later than 
February 1,1978. Such authorization requests shall be designed to meet 
the Federal commitment specified in the first section of the Urban Mass 
966 
PUBLIC LAW 91-453-OCT. 15, 1970 
[84 STAT. 
R e c omme nda-
tions to Congress. 
78 Stat. 304; 
83 Stat. 392. 
79 Stat. 507; 
80 Stat. 715. 
Transportation Assistance Aot of 1970. Concurrently with these 
authorization requests, the Secretary shall also submit his recom-
mendations for any necessary adjustments in the schedule for 
liquidation of obligations." 
SEC. 4. (a) Section 5 of the Urban Mass Transportation Act of 
1964, as amended (49 U.S.C. 1604), is amended by striking out "1971" 
and inserting in lieu thereof "1972". 
(b) Section 5 of such Act, as amended (49 U.S.C. 1604), is further 
amended by striking out the next to the last sentence and inserting 
in lieu thereof the following: "Such remainder may be provided in 
whole or in part from other than public sources and any public or 
private transit system funds so provided shall be solely from 
undistributed cash surpluses, replacement or depreciation funds or 
reserves available in cash, or new capital." 
SEC. 5. Section 12(d) of the Urban Mass Transportation Act of 
1964 (49 U.S.C. 1608(d)) is amended to read as follows: "(d) There 
are hereby authorized to be appropriated, without fiscal year limita-
tion out of any money in the Treasury not otherwise appropriated, 
the funds necessary to carry out the functions under this Act.". 
SEC. 6. Section 14 of the Urban Mass Transportation Act of 1964, 
as amended (49 U.S.C. 1610), is amended to read as follows: 
u 
Ante, p. 962. 
Hearings, 
review. 
ENVIRONMENTAL, PROTECTION 
"SEC. 14. (a) It is hereby declared to be the national policy that 
special effort shall be made to preserve the natural beauty of the 
countryside, public park and recreation lands, wildlife and water-
fowl refuges, and important historical and cultural assets, in the 
planning, designing, and construction of urban mass transportation 
projects for which Federal assistance is provided pursuant to section 
3 of this Act. In implementing this policy the Secretary shall cooperate 
and consult with the Secretaries of Agriculture, Health, Education, 
and Welfare, Housing and Urban Development, and Interior, and 
with the Council on Environmental Quality with regard to each proj-
ect that may have a substantial impact on the environment. 
"(b) The Secretary shall review each transcript of hearing submitted 
pursuant to section ^{d\ to assure that an adequate opportunity was 
afforded for the presentation of views by all parties with a significant 
economic, social, or environmental interest, and that the project appli-
cation includes a detailed statement on— 
"(1) the environmental impact of the proposed project, 
" (2) any adverse environmental effects which cannot be avoided 
should the proposal be implemented, 
" (3) alternatives to the proposed project, and 
"(4) any irreversible and irretrievable impact on the environ-
ment which may be involved in the proposed project should it 
be implemented. 
"(c) The Secretary shall not approve any application for assistance 
under section 3 unless he finds in writing, after a full and complete 
review of the application and of any hearings held before the State 
or local public agency pursuant to section 3(d), that (1) adequate 
opportunity was afforded for the presentation of views by all parties 
with a significant economic, social, or environmental interest, and fair 
consideration has been given to the preservation and enhancement of 
the environment and to the interest of the community in which the 
project is located, and (2) either no adverse environmental effect is 
likely to result from such project, or there exists no feasible and pru-
dent alternative to such effect and all reasonable steps have been taken 
84 STAT. ] 
PUBLIC LAW 91-453-OCT. 15, 1970 
967 
to minimize such effect. In any case in which a hearing has not been 
held before the State or local agency pursuant to section 3(d), or in Ante, p. 964. 
which the Secretary determines that the record of hearings before the 
State or local public agency is inadequate to permit him to make the 
findings required under the preceding sentence, he shall conduct hear-
ings, after giving adequate notice to interested persons, on any 
environmental issues raised by such application. Findings of the 
Secretary under this subsection shall be made a matter of public 
record." 
SEC. 7. Section 15 of the Urban Mass Transportation Act of 1964, 
as amended (49 U.S.C. 1611), is amended to read as follows: 
^s stat. aos; 
^ 
^^ 
80 Stat. 715, 71.7. 
(C 
STATE LIMITATION 
"SEC. 15. Grants made under section 3 (other than for relocation pay-
ments in accordance with section 7(b)) before July 1,1970, for proj- 
78 stat. 305. 
ects in any one State shall not exceed in the ag^egate 121/^ per centum 
"
*
^ "^^ ^^°^* 
of the aggregate amount of grant funds authorized to be appropriated 
pursuant to section 4(b); except that the Secretary may, without 
49 use fe03 
regard to such limitation, enter into contracts for grants under section 
3 aggregating not to exceed $12,500,000 (subject to the total authoriza-
tion provided in section 4(b)) with local public bodies and agencies 
in States where more than two-thirds of the maximum grants permitted 
in the respective State under this section has been obligated. Grants 
made under section 3 on or after July 1,1970, for projects in any one 
State may not exceed in the aggregate 121/0 per centum of the aggre-
gate amount of funds authorized to be obligated urider section 4(c), 
^"*^» P* ^^S. 
except that 15 per centum of the aggregate amount of grant funds 
authorized to be obligated under section 4(c) may be used by the Secre-
tory, without regard to this limitation, for grants in States where more 
than two-thirds of the maximum amounts permitted under this section 
has been obligated. In computing State limitations under this section, 
grants for relocation payments shall be excluded. Any grant made 
under section 3 to a local public body or agency in a major metropoli-
tan area which is used in whole or in part to provide or improve urban 
mass transportation service, pursuant to an interstate compact ap-
proved by the Congress, in a neighboring State having within its boun-
daries population centers within normal commuting distance from 
such major metropolitan area, shall, for purposes of computing Stat© 
limitations under this section, be allocated on an equitable basis, in 
accordance with regulations prescribed by the Secretary, between the 
State in which such public body or agency is situated and such neigh-
boring State." 
SEC. 8. The Urban Mass Transportation Act of 1964 is further 8oltf!!V*i5?' 
amended by adding at the end thereof the following new section: 
49 use le'oi 
note. 
" P L A N N I N G A N D D E S I G N O F M A S S T R A N S P O R T A T I O N FACILITIES TO MEET 
SPECIAL NEEDS OF THE ELDERLY AND THE HANDICAPPED 
"SEC. 16. (a) It is hereby declared to be the national policy that 
elderly and handicapped persons have the same right as other persons 
to utilize mass transportation facilities and services; that special 
efforts shall be made in the planning and design of mass transportation 
facilities and services so that the availability to elderly and handi-
capped persons of mass transportation which they can effectively 
utilize will be assured; and that all Federal programs offering assist-
ance in the field of mass transportation (including the programs 
under this Act) should contain provisions implementing this policy. 
"(b) In addition to the grants and loans otherwise provided for 
47-348 0 - 7 2 - 6 5 (Pt. 1) 
968 
PUBLIC LAW 91-453-OCT. 15, 1970 
[84 STAT. 
under this Act, the Secretary is authorized to make grants or loans 
for the specific purpose of assisting States and local public bodies and 
agencies thereof in providing mass transportation services which are 
planned, designed, and carried out so as to meet the special needs of 
elderly and handicapped persons. Grants and loans made under the 
preceding sentence shall be subject to all of the terms, conditions, 
requirements, and provisions applicable to grants and loans made 
Ante, p. 962. 
under section 3(a), and shall be considered for the purposes of all 
other laws to have been made under such section. Of the total amount 
of the obligations which the Siecretary is authorized to incur on behalf 
Ante, p. 965. 
^f ^j^g United States under the first sentence of section 4(c), l^^ 
per centum may be set aside and used exclusively to finance the 
programs and activities authorized by this subsection (including 
administrative costs). 
"(c) Of any amounts made available to finance research, develop-
82^stft°5*35°^' 
ment, and demonstration projects under section 6 after the date of the 
49 use 16*05. 
enactment of this section, I14 per centum may be set aside and used 
exclusively to increase the information and technology which is avail-
able to provide improved transportation facilities and services planned 
and designed to meet the special needs of elderly and handicapped 
persons, 
e'r^n""'''^^^*'^ 
" (^) ^^^ purposes of this Act, the term 'handicapped person' means 
any individual who, by reason of illness, injury, a^e, congenital mal-
function, or other permanent or temporary incapacity or disability, is 
unable without special facilities or special planning or design to utilize 
mass transportation facilities and services as effectively as persons who 
are not so affected." 
^^^'^y- 
SEC. 9. The Secretary of Transportation shall conduct a study of 
the feasibility of providing Federal assistance to help defray the 
operating costs of mass transportation companies in urban areas and 
note "^^ ^^°^ 
^^ ^^y changes in the Urban Mass Transportation Act of 1964 which 
"°Re'port to 
would be uecessary in order to provide such assistance, and shall 
Congress. 
report his findings and recommendations to the Congress within one 
year after the date of the enactment of this Act. 
SEC. 10. The Secretary of Transportation shall in all ways (includ-
ing the provision of technical assistance) 
encourage industries 
adversely affected by reductions in Federal Government spending 
on space, military, and other Federal projects to compete for the 
contracts provided for under sections 3 and 6 of the Urban Mass Trans-
portation Act of 1964 (49 U.S.C. 1602 and 1605), as amended by this 
Act. 
SEC. 11. Nothing in this Act shall affect the authority of the Secre-
tary of Housing and Urban Development to make grants, under the 
authority of sections 6 (a), 9, and 11 of the Urban Mass Transportation 
80 Stat. 715. 
^^t Qf 1964, as amended (49 U.S.C. 1605(a), 1607a, and 1607c), and 
49 u*sc* ^
6
^
0
8
^
* 
Reorganization Plan Numbered 2 of 1968, for projects or activities pri-
note. 
marily concerned with the relationship of urban transportation sys-
tems to the comprehensively planned development of urban areas, 
or the role of transportation planning in overall urban planning, out 
of funds appropriated to him for that purpose. 
83*sta!r826"63. 
^^^: '^^' Sectiou 5316 of title 5, United States Code, is amended by 
inserting the following after paragraph (129) :" (130) Deputy Admin-
istrator, Urban Mass Transportation Administration, Department of 
Transportation.". 
84 STAT. ] 
PUBLIC L
A
W 91-455-OCT. 15, 1970 
969 
SEO. 13. (a) Section 4(b) of the Urban Mass Transportation Act of 
1964 is amended by inserting the words "or contract" after the word 
"grant" in the last sentence thereof. 
(b) Section 6(a) of the Urban Mass Transportation Act of 1964 
is amended by inserting the words "grant or" between the word "by" 
and the word "contract" in the second sentence thereof. 
SEC. 14. This Act may be cited as the "Urban Mass Transportation 
Assistance Act of 1970". 
Approved October 15, 1970. 
78 Stat. 304; 
83 Stat. 392. 
49 use 1603. 
49 use 1605. 
Short title. 
Public Law 91-454 
JOINT RESOLUTION 
October 15, 1970 
Making further continuing appropriations for the fiscal year 1971, and for other 
[H.j. Res. 1388] 
purposes. 
Resolved hy the Senate and House of Representatives of the United 
States of America in Congress assembled, That clause (c) of section 
102 of the joint resolution of June 29, 1970 (Public Law 91-294), as 
amended by Public Law 91-370, is hereby further amended by striking 
out "October 15, 1970" and inserting in lieu thereof "the sine die 
adjournment of the second session of the Ninety-first Congress." 
The advance appropriation under the heading "FOOD STAMP PRO-
GRAM" in the Second Supplemental Appropriation Act, 1970 (Public 
Law 91-305), chargeable to the amount appropriated under this head 
in H.R. 17923 when enacted, is hereby increased from "$300,000,000" 
to "$600,000,000", and the period of availability thereof is hereby 
extended from "October 31,1970" to "January 31,1971". 
Approved October 15, 1970. 
e ontinuing 
appropriations. 
1971. 
Ante, p. 694. 
Ante, p. 376. 
Post, p. 1488. 
Public Law 91-455 
JOINT RESOLUTION 
^ 
^ 
. ,.,„ 
October 15, 1S70 
To extend the tinae for conducting the referendum with respect to the 
[H.J. Res. 1396] 
national marketing quota for wheat for the marketing year beginning 
July 1, 1971. 
Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That section 336 of the Agri-
cultural Adjustment Act of 1938, as amended, is amended by adding at 
the end thereof the following: "Notwithstanding any other provision 
hereof the referendum with respect to the national marketing quota for 
wheat for the marketing year beginning July 1, 1971, may be con-
ducted not later than thirty days after adjournment sine die of the 
second session of the Ninety-first Congress. 
Approved October 15, 1970. 
^iJ3s>i 
Wheat. 
Ante, p. 448; 
Post, p. 1366.