U.S. Code » Title 49 » Subtitle SUBTITLE I— DEPARTMENT OF TRANSPORTATION › Chapter CHAPTER 3— GENERAL DUTIES AND POWERS › Subchapter SUBCHAPTER I— DUTIES OF THE SECRETARY OF TRANSPORTATION

49 U.S.C. § 305

Transportation investment standards and criteria

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 49 CasesGoogle Scholar
(a) Subject to sections 301–304 11 See References in Text note below. of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to—(1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use;(2) an inter-oceanic canal located outside the 48 contiguous States;(3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation;(4) foreign assistance programs;(5) water resources projects; or(6) grant-in-aid programs authorized by law.(b) A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall—(1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the—(A) projected growth of transportation needs and traffic in the affected area;(B) the relative efficiency of various modes of transportation;(C) the available transportation services in the area; and(D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy;(2) coordinate the survey, plan, or report—(A) with the Secretary and include the views and comments of the Secretary; and(B) as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and(3) send the survey, plan, or report to the President for disposition under law and procedure established by the President.(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2420.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

305(a)

49:1656(a) (less next-to-last par.).

Oct. 15, 1966, Pub. L. 89–670, § 7 (less (a) next-to-last par.), 80 Stat. 941.

305(b)

49:1656 (less (a)).

In subsection (a), before clause (1), the words “consistent with national transportation policies” after “develop standards and criteria” are omitted as unnecessary because of section 302 of the revised title. The words “Based on experience” are substituted for “in the light of experience”, and the words “shall prescribe” are substituted for “be promulgated by the”, to conform to other sections of the revised title. The words “from time to time” after “shall revise” are omitted as unnecessary. The words “This subsection does not apply to” are substituted for “except such proposals as are concerned with” for clarity. In clause (1), the words “a department, agency, or instrumentality of the Government” are substituted for “Federal agencies” for clarity and consistency. Similar conforming changes are made throughout the section. The word “services” after “provide transportation” is omitted as unnecessary. In clause (2), the words “48 contiguous States” are substituted for “contiguous United States” for clarity.

The text of 49:1656(a) (last par.) that provided that the Secretary of Transportation was a member of the Water Resources Council on matters pertaining to navigation features of water resource projects is omitted as superseded because 42:1962(a) gave the Secretary membership on the Council without limitation.

In subsection (b)(2), the words “unit of” before “governments” are omitted as surplus. In clause (3), the word “thereafter” after “send” is omitted as surplus.

Editorial NotesReferences in Text

Section 304 of this title, referred to in subsec. (a), was amended generally by Pub. L. 112–141, div. A, title I, § 1314(a), July 6, 2012, 126 Stat. 547.

Notes of Decisions
Cited in 140 cases, 1938–1993 · leading case: Allen v. State Bd. of Elections, 393 U.S. 544 (1968).
Sort: Relevance Newest Treatment
Allen v. State Bd. of Elections, 393 U.S. 544 (1968). · cites it 2× “, 1st Sess., ser. 2, p. 74 (hereinafter House Hearings).”
Shapiro v. United States, 335 U.S. 1 (1948). · cites it 2× “Motor Carrier Act of 1935 [ 49 U.S.C. §§ 305 (d), 304 (a) (1), 311 (d), 317, 318, 320, 322 (g)].”
Levine v. United States, 362 U.S. 610 (1960). · cites it 2× “See 49 U. S. C. § 305 (d). Later that day the grand jury, government counsel, petitioner and his attorney appeared before Judge Levet, sitting in the District Court for the Southern District of New York, the grand jury having sought "the aid and assistance of the Court, in a…”
Twin City Freight, Inc. v. United States, 360 F. Supp. 709 (D. Minn. 1972). · cites it 7× “This suit is brought pursuant to Section 205(g) of the Interstate Commerce Act, 49 U.S.C. §§ 305 (g), (h), and 17; Section 10 of the Administrative Procedure Act, 5 U.”
Aluminum Co. of Am. v. Admiral Merchants Motor Freight, Inc., 486 F.2d 717 (7th Cir. 1973). · cites it 5× “Section 205(g) of Part II of the Interstate Commerce Commission Act, 49 U.S.C. § 305 (g), provides that any final order made under Part II, which deals with motor carriers, “shall be subject to the same right of relief in court by any party in interest as is now provided in…”
Frozen Food Express v. United States, 351 U.S. 40 (1956). · cites it 2× “550 , as amended, 49 U. S. C. § 305 (g); 60 Stat. 243 , 5 U.”
California v. Zook, 336 U.S. 725 (1949). · cites it 2× “1629, S. 1632, and S. 1635, 74th Cong., 1st Sess.”
United States v. Welden, 377 U.S. 95 (1964). · cites it 2× “543 , 550, 49 U. S. C. § 305 (d). [16] 52 Stat. 1060 , 1065, 29 U.”
East Texas Motor Freight Lines, Inc. v. Frozen Food Express, 351 U.S. 49 (1956). · cites it 2× “550 , as amended, 49 U. S. C. § 305 (g); 60 Stat. 243 , 5 U.”
Aluminum Co. of Amer. v. Admiral Merch. Motor Frgt., Inc., 337 F. Supp. 674 (N.D. Ill. 1972). · cites it 3× “The second main new contention of the defendants deals with the scope of relief available to the plaintiff under § 205(g) of the Act, 49 U.S.C. § 305 (g). 5 Defendants urge a particularly narrow reading of Section 205(g), claiming that it only provides for judicial review of…”
United States v. Emanuel Brown, 247 F.2d 332 (2d Cir. 1957). · cites it 3× “§§ 301-327 despite assurances that under the applicable provisions of law, 49 U.S.C.A. §§ 305 (d), 46, he would be immune from prosecution regarding any matters concerning which he would be required to testify.”
United States v. Contract Steel Carriers, Inc., 350 U.S. 409 (1956). · cites it 2× “The Interstate Commerce Commission brings an appeal from a three-judge district court, 49 U. S. C. § 305 (g), that reversed an order of the ICC, 62 M.”
Show all 140 citing cases →
49 U.S.C. § 305(a): 2 cases
Carolina Scenic Coach Lines v. United States, 56 F. Supp. 801 (W.D.N.C. 1944).
Jones Truck Lines, Inc. v. United States, 321 F. Supp. 821 (W.D. Ark. 1971).
49 U.S.C. § 305(e): 1 case
Buckner Trucking, Inc. v. United States, 354 F. Supp. 1210 (S.D. Tex. 1973).
49 U.S.C. § 305(g): 7 cases
Aluminum Co. of Am. v. Admiral Merchants Motor Freight, Inc., 486 F.2d 717 (7th Cir. 1973). “Section 205(g) of Part II of the Interstate Commerce Commission Act, 49 U.S.C. § 305 (g), provides that any final order made under Part II, which deals with motor carriers, “shall be subject to the same right of relief in court by any party in interest as is now provided in…”
Aluminum Co. of Amer. v. Admiral Merch. Motor Frgt., Inc., 337 F. Supp. 674 (N.D. Ill. 1972). “The second main new contention of the defendants deals with the scope of relief available to the plaintiff under § 205(g) of the Act, 49 U.S.C. § 305 (g). 5 Defendants urge a particularly narrow reading of Section 205(g), claiming that it only provides for judicial review of…”
JT Transp. Co. v. United States, 185 F. Supp. 838 (W.D. Mo. 1960).
Am. Trucking Associations, Inc. v. United States, 170 F. Supp. 38 (D.D.C. 1959).
Motor Truck Supply Co. v. United States, 238 F. Supp. 645 (D. Minn. 1965).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.