§ 5307. — Urbanized area formula grants.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5307]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5307. Urbanized area formula grants
(a) Definitions.--In this section, the following definitions apply:
(1) Associated capital maintenance items.--The term ``associated
capital maintenance items'' means equipment, tires, tubes, and
material, each costing at least .5 percent of the current fair
market value of rolling stock comparable to the rolling stock for
which the equipment, tires, tubes, and material are to be used.
(2) Designated recipient.--The term ``designated recipient''
means--
(A) a person designated, consistent with the planning
process under sections 5303-5306 of this title, by the chief
executive officer of a State, responsible local officials, and
publicly owned operators of mass transportation to receive and
apportion amounts under section 5336 of this title that are
attributable to transportation management areas established
under section 5305(a) of this title; or
(B) a State or regional authority if the authority is
responsible under the laws of a State for a capital project and
for financing and directly providing mass transportation.
(b) General Authority.--(1) The Secretary of Transportation may make
grants under this section for capital projects and to finance the
planning and improvement costs of equipment, facilities, and associated
capital maintenance items for use in mass transportation, including the
renovation and improvement of historic transportation facilities with
related private investment. The Secretary may also make grants under
this section to finance the operating cost of equipment and facilities
for use in mass transportation in an urbanized area with a population of
less than 200,000.
(2) Special rule for fiscal year 2003 and for the period of October
1, 2003, through February 29, 2004.--
(A) Increased flexibility.--The Secretary may make grants under
this section, from funds made available to carry out this section
for fiscal year 2003, and for the period of October 1, 2003, through
February 29, 2004 \1\ to finance the operating cost of equipment and
facilities for use in mass transportation in an urbanized area with
a population of at least 200,000 as determined under the 2000
decennial census of population if--
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\1\ So in original. Probably should be followed by a comma.
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(i) the urbanized area had a population of less than 200,000
as determined under the 1990 Federal decennial census of
population;
(ii) a portion of the urbanized area was a separate
urbanized area with a population of less than 200,000 as
determined under the 1990 Federal decennial census of
population;
(iii) the area was not designated as a urbanized area as
determined under the 1990 Federal decennial census of
population; and
(iv) a portion of the area was not designated as an
urbanized area as determined under the 1990 Federal decennial
census and received assistance under section 5311 in fiscal year
2002.
(B) Maximum amounts.--Amounts made available pursuant to
subparagraphs (A)(i) and (A)(ii) shall be no more than the amount
apportioned in fiscal year 2002 to the urbanized area with a
population of less than 200,000 as determined in the 1990 Federal
decennial census of population. Amounts made available pursuant to
subparagraph (A)(iii) shall be no more than the amount apportioned
under this section for fiscal year 2003. Each portion of an area not
designated as an urbanized area under the 1990 Federal decennial
census and eligible to receive funds under subparagraph (A)(iv)
shall receive an amount of funds made available to carry out this
section that is no less than the amount the portion of the area
received under section 5311 in fiscal year 2002.
(3) In a transportation management area designated under section
5305(a) of this title, amounts that cannot be used to pay operating
expenses under this section also are available for a highway project
if--
(A) that use is approved, in writing, by the metropolitan
planning organization under section 5303 of this title after
appropriate notice and an opportunity for comment and appeal is
provided to affected mass transportation providers;
(B) the Secretary decides the amounts are not needed for
investment required by the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.); and
(C) the metropolitan planning organization in approving the use
under subparagraph (A) determines that the local transit needs are
being addressed.
(4) A project for the reconstruction of equipment and material, each
of which after reconstruction will have a fair market value of at least
.5 percent of the current fair market value of rolling stock comparable
to the rolling stock for which the equipment and material will be used,
is a capital project for an associated capital maintenance item under
this section.
(c) Public Participation Requirements.--Each recipient of a grant
shall--
(1) make available to the public information on amounts
available to the recipient under this section and the program of
projects the recipient proposes to undertake;
(2) develop, in consultation with interested parties, including
private transportation providers, a proposed program of projects for
activities to be financed;
(3) publish a proposed program of projects in a way that
affected citizens, private transportation providers, and local
elected officials have the opportunity to examine the proposed
program and submit comments on the proposed program and the
performance of the recipient;
(4) provide an opportunity for a public hearing in which to
obtain the views of citizens on the proposed program of projects;
(5) ensure that the proposed program of projects provides for
the coordination of mass transportation services assisted under
section 5336 of this title with transportation services assisted
from other United States Government sources;
(6) consider comments and views received, especially those of
private transportation providers, in preparing the final program of
projects; and
(7) make the final program of projects available to the public.
(d) Grant Recipient Requirements.--A recipient may receive a grant
in a fiscal year only if--
(1) the recipient, within the time the Secretary prescribes,
submits a final program of projects prepared under subsection (c) of
this section and a certification for that fiscal year that the
recipient (including a person receiving amounts from a chief
executive officer of a State under this section)--
(A) has or will have the legal, financial, and technical
capacity to carry out the program;
(B) has or will have satisfactory continuing control over
the use of equipment and facilities;
(C) will maintain equipment and facilities;
(D) will ensure that elderly and handicapped individuals, or
an individual presenting a medicare card issued to that
individual under title II or XVIII of the Social Security Act
(42 U.S.C. 401 et seq., 1395 et seq.), will be charged during
non-peak hours for transportation using or involving a facility
or equipment of a project financed under this section not more
than 50 percent of the peak hour fare;
(E) in carrying out a procurement under this section--
(i) will use competitive procurement (as defined or
approved by the Secretary);
(ii) will not use a procurement that uses exclusionary
or discriminatory specifications; and
(iii) will comply with applicable Buy America laws in
carrying out a procurement;
(F) has complied with subsection (c) of this section;
(G) has available and will provide the required amounts as
provided by subsection (e) of this section;
(H) will comply with sections 5301(a) and (d), 5303-5306,
and 5310(a)-(d) of this title;
(I) has a locally developed process to solicit and consider
public comment before raising a fare or carrying out a major
reduction of transportation; and
(J)(i) will expend for each fiscal year for mass
transportation security projects, including increased lighting
in or adjacent to a mass transportation system (including bus
stops, subway stations, parking lots, and garages), increased
camera surveillance of an area in or adjacent to that system,
providing an emergency telephone line to contact law enforcement
or security personnel in an area in or adjacent to that system,
and any other project intended to increase the security and
safety of an existing or planned mass transportation system, at
least one percent of the amount the recipient receives for each
fiscal year under section 5336 of this title; or
(ii) has decided that the expenditure for security projects
is not necessary; and
(2) the Secretary accepts the certification.
(e) Government's Share of Costs.--A grant of the Government for a
capital project (including associated capital maintenance items) under
this section is for 80 percent of the net project cost of the project. A
recipient may provide additional local matching amounts. A grant for
operating expenses may not be more than 50 percent of the net project
cost of the project. The remainder of the net project cost shall be
provided in cash from sources other than amounts of the Government or
revenues from providing mass transportation (excluding revenues derived
from the sale of advertising and concessions that are more than the
amount of those revenues in the fiscal year that ended September 30,
1985). Transit system amounts that make up the remainder shall be from
an undistributed cash surplus, a replacement or depreciation cash fund
or reserve, or new capital.
(f) Statewide Operating Assistance.--(1) A State authority that is a
designated recipient and providing mass transportation in at least 2
urbanized areas may apply for operating assistance in an amount not more
than the amount for all urbanized areas in which it provides
transportation.
(2) When approving an application under paragraph (1) of this
subsection, the Secretary may not reduce the amount of operating
assistance approved for another State or a local transportation
authority within the affected urbanized areas.
(g) Undertaking Projects in Advance.--(1) When a recipient obligates
all amounts apportioned to it under section 5336 of this title and then
carries out a part of a project described in this section (except a
project for operating expenses) without amounts of the Government and
according to all applicable procedures and requirements (except to the
extent the procedures and requirements limit a State to carrying out a
project with amounts of the Government previously apportioned to it),
the Secretary may pay to the recipient the Government's share of the
cost of carrying out that part when additional amounts are apportioned
to the recipient under section 5336 if--
(A) the recipient applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out that part, the Secretary approves the
plans and specifications for the part in the same way as for other
projects under this section.
(2) The Secretary may approve an application under paragraph (1) of
this subsection only if an authorization for this section is in effect
for the fiscal year to which the application applies. The Secretary may
not approve an application if the payment will be more than--
(A) the recipient's expected apportionment under section 5336 of
this title if the total amount authorized to be appropriated for the
fiscal year to carry out this section is appropriated; less
(B) the maximum amount of the apportionment that may be made
available for projects for operating expenses under this section.
(3) The cost of carrying out that part of a project includes the
amount of interest earned and payable on bonds issued by the recipient
to the extent proceeds of the bonds are expended in carrying out the
part. However, the amount of interest allowed under this paragraph may
not be more than the most favorable financing terms reasonably available
for the project at the time of borrowing. The applicant shall certify,
in a manner satisfactory to the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable financing terms.
(4) The Secretary shall consider changes in capital project cost
indices when determining the estimated cost under paragraph (3) of this
subsection.
(h) Streamlined Administrative Procedures.--The Secretary shall
prescribe streamlined administrative procedures for complying with the
certification requirement under subsection (d)(1)(B) and (C) of this
section for track and signal equipment used in existing operations.
(i) Reviews, Audits, and Evaluations.--(1)(A) At least annually, the
Secretary shall carry out, or require a recipient to have carried out
independently, reviews and audits the Secretary considers appropriate to
establish whether the recipient has carried out--
(i) the activities proposed under subsection (d) of this section
in a timely and effective way and can continue to do so; and
(ii) those activities and its certifications and has used
amounts of the Government in the way required by law.
(B) An audit of the use of amounts of the Government shall comply
with the auditing procedures of the Comptroller General.
(2) At least once every 3 years, the Secretary shall review and
evaluate completely the performance of a recipient in carrying out the
recipient's program, specifically referring to compliance with statutory
and administrative requirements and the extent to which actual program
activities are consistent with the activities proposed under subsection
(d) of this section and the planning process required under sections
5303-5306 of this title. To the extent practicable, the Secretary shall
coordinate such reviews with any related State or local reviews.
(3) The Secretary may take appropriate action consistent with a
review, audit, and evaluation under this subsection, including making an
appropriate adjustment in the amount of a grant or withdrawing the
grant.
(j) Reports.--A recipient (including a person receiving amounts from
a chief executive officer of a State under this section) shall submit
annually to the Secretary a report on the revenues the recipient derives
from the sale of advertising and concessions.
(k) Transit Enhancement Activities.--
(1) In general.--One percent of the funds apportioned to
urbanized areas with a population of at least 200,000 under section
5336 for a fiscal year shall be made available for transit
enhancement activities in accordance with section 5302(a)(15).
(2) Period of availability.--Funds apportioned under paragraph
(1) shall be available for obligation for 3 years following the
fiscal year in which the funds are apportioned. Funds that are not
obligated at the end of such period shall be reapportioned under the
urbanized area formula program of section 5336.
(3) Report.--A recipient of funds apportioned under paragraph
(1) shall submit, as part of the recipient's annual certification to
the Secretary, a report listing the projects carried out during the
preceding fiscal year with those funds.
(l) Procurement System Approval.--A recipient may request the
Secretary to approve its procurement system. The Secretary shall approve
the system for use for procurements financed under section 5336 of this
title if, after consulting with the Administrator for Federal
Procurement Policy, the Secretary decides the system provides for
competitive procurement. Approval of a system under this subsection does
not relieve a recipient of the duty to certify under subsection
(d)(1)(E) of this section.
(m) Operating Ferries Outside Urbanized Areas.--A vessel used in
ferryboat operations financed under section 5336 of this title that is
part of a State-operated ferry system may be operated occasionally
outside the urbanized area in which service is provided to accommodate
periodic maintenance if existing ferry service is not reduced
significantly by operating outside the area.
(n) Relationship to Other Laws.--(1) Section 1001 of title 18
applies to a certificate or submission under this section. The Secretary
may end a grant under this section and seek reimbursement, directly or
by offsetting amounts available under section 5336 of this title, when a
false or fraudulent statement or related act within the meaning of
section 1001 is made in connection with a certification or submission.
(2) Sections 5302, 5318, 5319, 5323(a)(1), (d), and (f), 5332, and
5333 of this title apply to this section and to a grant made under this
section. Except as provided in this section, no other provision of this
chapter applies to this section or to a grant made under this section.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 795; Pub. L. 103-
429, Sec. 6(7), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104-287,
Sec. 5(11), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105-178, title III,
Sec. 3007(a)(1), (b)-(h), June 9, 1998, 112 Stat. 347, 348; Pub. L. 105-
206, title IX, Sec. 9009(e), July 22, 1998, 112 Stat. 855; Pub. L. 107-
232, Sec. 1, Oct. 1, 2002, 116 Stat. 1478; Pub. L. 108-88, Sec. 8(n),
Sept. 30, 2003, 117 Stat. 1125.)
Historical and Revision Notes
Pub. L. 103-272
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5307(a)(1)............................ 49 App.:1607a(j)(1) (last July 9, 1964, Pub. L. 88-365, 78 Stat.
sentence). 302, Sec. 9(j)(1) (last sentence);
added Jan. 6, 1983, Pub. L. 97-424,
Sec. 303, 96 Stat. 2145; Apr. 2,
1987, Pub. L. 100-17, Secs.
309(b)(1), (2), 327(b), 101 Stat. 227,
238.
5307(a)(2)............................ 49 App.:1607a(m)(1). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(h), (i), (m)(1); added
Jan. 6, 1983, Pub. L. 97-424, Sec.
303, 96 Stat. 2145, 2147; Apr. 2,
1987, Pub. L. 100-17, Sec. 327(b),
101 Stat. 238; Oct. 6, 1992, Pub. L.
102-388, Sec. 503(2), 106 Stat. 1567.
5307(b)(1)............................ 49 App.:1607a(j)(1) (1st July 9, 1964, Pub. L. 88-365, 78 Stat.
sentence). 302, Sec. 9(j)(1) (1st sentence);
added Jan. 6, 1983, Pub. L. 97-424,
Sec. 303, 96 Stat. 2145; Apr. 2,
1987, Pub. L. 100-17, Secs.
309(b)(3), 327(b), 101 Stat. 227, 238.
5307(b)(2)............................ 49 App.:1607a(j)(1) (2d July 9, 1964, Pub. L. 88-365, 78 Stat.
sentence). 302, Sec. 9(j)(1) (2d sentence);
added Dec. 18, 1991, Pub. L. 102-240,
Sec. 3013(h)(1), 105 Stat. 2107.
5307(b)(3)............................ 49 App.:1607a(j)(1) (3d, 4th July 9, 1964, Pub. L. 88-365, 78 Stat.
sentences). 302, Sec. 9(j)(1) (3d, 4th
sentences); added Apr. 2, 1987, Pub.
L. 100-17, Sec. 308, 101 Stat. 226.
5307(b)(4)............................ 49 App.:1607a(j)(2). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(j)(2); added Apr. 2,
1987, Pub. L. 100-17, Sec. 309(b)(4),
101 Stat. 227.
5307(b)(5)............................ 49 App.:1607a(j)(3). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(j)(3); added Dec. 18,
1991, Pub. L. 102-240, Sec.
3013(h)(2), 105 Stat. 2107.
5307(c)............................... 49 App.:1607a(f). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(f); added Jan. 6, 1983,
Pub. L. 97-424, Sec. 303, 96 Stat.
2144; Apr. 2, 1987, Pub. L. 100-17,
Sec. 327(b), 101 Stat. 238; Dec. 18,
1991, Pub. L. 102-240, Sec. 3013(g),
105 Stat. 2107.
5307(d)(1)............................ 49 App.:1607a(e)(2) (1st, last July 9, 1964, Pub. L. 88-365, 78 Stat.
sentences). 302, Sec. 9(e)(2); added Jan. 6,
1983, Pub. L. 97-424, Sec. 303, 96
Stat. 2143; Apr. 2, 1987, Pub. L. 100-
17, Secs. 312(a), 327(b), 101 Stat.
228, 238; Dec. 18, 1991, Pub. L. 102-
240, Sec. 3013(d), 105 Stat. 2106.
49 App.:1607a(e)(3). July 9, 1964, Pub. L. 88-365, 78 Stat.
202, Sec. 9(e)(3); added Jan. 6,
1983, Pub. L. 97-424, Sec. 303, 96
Stat. 2143; Apr. 2, 1987, Pub. L. 100-
17, Sec. 327(b), 101 Stat. 238; Dec.
18, 1991, Pub. L. 102-240, Sec.
3013(f), 105 Stat. 2106.
5307(d)(2)............................ 49 App.:1607a(e)(5). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(e)(5); added Apr. 2,
1987, Pub. L. 100-17, Sec. 312(f)(1),
101 Stat. 229.
5307(e)............................... 49 App.:1607a(k)(1). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(k)(1); added Jan. 6,
1983, Pub. L. 97-424, Sec. 303, 96
Stat. 2145; Apr. 2, 1987, Pub. L. 100-
17, Secs. 309(c), (d), (f),
312(b)(1), 327(b), 101 Stat. 227, 228,
238.
5307(f)............................... 49 App.:1607a (note). Nov. 21, 1989, Pub. L. 101-164, Sec.
334(c), 103 Stat. 1098.
5307(g)............................... 49 App.:1607a(p). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(p); added Apr. 2, 1987,
Pub. L. 100-17, Sec. 306(b), 101
Stat. 225.
5307(h)............................... 49 App.:1607a(e)(6). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(e)(6); added Dec. 18,
1991, Pub. L. 102-240, Sec. 3013(e),
105 Stat. 2106.
5307(i)............................... 49 App.:1607a(g). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(g); added Jan. 6, 1983,
Pub. L. 97-424, Sec. 303, 96 Stat.
2144; Apr. 2, 1987, Pub. L. 100-17,
Secs. 312(f)(2), 327(b), 101 Stat.
229, 238.
5307(j)............................... 49 App.:1607a(e)(4). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(e)(4); added Apr. 2,
1987, Pub. L. 100-17, Sec. 312(b)(2),
101 Stat. 228.
5307(k)............................... 49 App.:1607a(e)(2) (2d, 3d
sentences).
5307(l)............................... 49 App.:1607a(i).
5307(m)............................... 49 App.:1607a(r). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(r); added Dec. 18, 1991,
Pub. L. 102-240, Sec. 3013(j), 105
Stat. 2107.
5307(n)(1)............................ 49 App.:1607a(h).
5307(n)(2)............................ 49 App.:1607a(e)(1). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 9(e)(1); added Jan. 6,
1983, Pub. L. 97-424, Sec. 303, 96
Stat. 2143; Apr. 2, 1987, Pub. L. 100-
17, Sec. 327(b), 101 Stat. 238; Dec.
18, 1991, Pub. L. 102-240, Sec.
3013(c), 105 Stat. 2106.
----------------------------------------------------------------------------------------------------------------
In subsection (a)(2)(A), the word ``required'' is omitted as
surplus. The word ``apportion'' is substituted for ``dispense'' for
consistency in this chapter. The word ``appropriated'' is omitted for
clarity.
In subsection (a)(2)(B), the word ``authority'' is substituted for
``agency'' for consistency in the revised title and with other titles of
the United States Code. The words ``by lease, contract, or otherwise''
are omitted as surplus.
In subsection (b)(1), the words ``by operation or lease or
otherwise'' are omitted as surplus.
In subsection (b)(3), the words ``the Secretary prescribes'' are
added for clarity. The text of 49 App.:1607a(j)(1) (4th sentence) is
omitted as executed.
In subsection (b)(4), the words ``(whether by employees of the grant
recipient or by contract)'' are omitted as surplus.
In subsection (c)(1), the words ``of funds'' are omitted as surplus.
The words ``to the recipient'' are added for clarity. The words ``with
such funds'' are omitted as surplus.
In subsection (c)(3), the words ``as appropriate'' are omitted as
surplus.
In subsection (c)(5), the words ``and shall, if deemed appropriate
by the recipient, modify the proposed program of projects'' are omitted
as surplus.
In subsection (d)(1)(B), the words ``through operation or lease or
otherwise'' are omitted as surplus.
In subsection (d)(1)(D), the words ``ensure that elderly and
handicapped individuals . . . will be charged during non-peak hours for
transportation using or involving a facility or equipment of a project
financed under this chapter not more than 50 percent of the peak hour
fare'' are substituted for 49 App.:1607a(e)(3)(C) and the words ``will
give the rate required by section 1604(m) of this Appendix'' for clarity
and consistency in the revised title. The word ``duly'' is omitted as
surplus.
In subsection (d)(1)(J)(ii), the words ``has decided'' are added for
clarity to correct an error in the source provisions being restated.
In subsection (e), the words ``at its option'', ``public'', ``the
amount of any'', ``by such system'', ``Any public or private'',
``solely'', and ``available in'' are omitted as surplus.
In subsection (f), the word ``authority'' is substituted for
``agency or instrumentality'' for consistency in the revised title and
with other titles of the Code.
In subsection (f)(1), the words ``is responsible under State laws
for the financing, construction and operation, directly by lease,
contract or otherwise, of public transportation services'' are omitted
as surplus because a State that is a designated recipient has that
responsibility. The words ``of UMTA funds'', ``combined total
permissible'', and ``regardless of whether the amount for any particular
urbanized area is exceeded'' are omitted as surplus.
In subsection (f)(2), the word ``Secretary'' is substituted for
``UMTA'' [subsequently changed to ``FTA'' because of section 3004(b) of
the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
102-240, 105 Stat. 2088)] because of 49:102(b) and 107(a). The words
``This provision shall take effect with the fiscal year 1990 section 9
apportionment'' are omitted as obsolete.
In subsection (g)(2), before clause (A), the word ``applies'' is
substituted for ``is sought beyond the currently authorized funds for
such recipient'' to eliminate unnecessary words. In clause (A), the
words ``of funds'' are omitted as surplus.
In subsection (g)(3), the words ``Subject to the provisions of this
paragraph'', ``the Federal share of which the Secretary is authorized to
pay under this subsection'', and ``actually'' are omitted as surplus.
In subsection (i)(1)(A), before clause (i), the words ``necessary
or'' are omitted as surplus. In clause (ii), the words ``required by
law'' are substituted for ``which is consistent with the applicable
requirements of this chapter and other applicable laws'' to eliminate
unnecessary words.
In subsection (i)(1)(B), the words ``Comptroller General'' are
substituted for ``General Accounting Office'' because of 31:702(b).
In subsection (i)(2), the words ``In addition to the reviews and
audits described in paragraph (1)'' and ``perform a'' are omitted as
surplus.
Subsection (i)(3) is substituted for 49 App.:1607a(g)(3) to
eliminate unnecessary words.
In subsection (l), the words ``Administrator for Federal Procurement
Policy'' are substituted for ``Office of Federal Procurement Policy''
because of 41:404(b). The words ``Such approval shall be binding until
withdrawn'' are omitted as surplus.
In subsection (n)(1), the words ``available under section 5336 of
this title'' are substituted for ``available under this subsection'' for
clarity.
In subsection (n)(2), the references to sections 5302(a)(8) and 5318
are added for clarity. The source provisions of sections 5302(a)(8) and
5318, enacted by section 317 of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100-17, 101 Stat. 233),
were not intended to come under the exclusion stated in 49
App.:1607a(e)(1). The reference to 49 App.:1604(k)(3) is omitted as
obsolete. The words ``condition, limitation, or other'' and ``for
programs of projects'' are omitted as surplus.
Pub. L. 103-429, Sec. 6(7)(A)
This amends 49:5307(d)(1)(D) to correct an error in the codification
enacted by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108
Stat. 797).
Pub. L. 103-429, Sec. 6(7)(B)
This makes a clarifying amendment to 49:5307(d)(1)(E)(iii).
Pub. L. 104-287
This amends 49:5307(a)(2) to delete an obsolete provision.
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec.
(b)(3)(B), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended,
which is classified principally to chapter 126 (Sec. 12101 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section 12101
of Title 42 and Tables.
The Social Security Act, referred to in subsec. (d)(1)(D), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles II and XVIII of
such Act are classified generally to subchapters II (Sec. 401 et seq.)
and XVIII (Sec. 1395 et seq.) respectively, of chapter 7 of Title 42.
For complete classification of this Act to the Code, see section 1305 of
Title 42 and Tables.
Amendments
2003--Subsec. (b)(2). Pub. L. 108-88, Sec. 8(n)(1), inserted ``and
for the period of October 1, 2003, through February 29, 2004'' after
``2003'' in heading.
Subsec. (b)(2)(A). Pub. L. 108-88, Sec. 8(n)(2), inserted ``and for
the period of October 1, 2003, through February 29, 2004'' after
``2003,'' and added cl. (iv).
Subsec. (b)(2)(B). Pub. L. 108-88, Sec. 8(n)(3), inserted at end
``Each portion of an area not designated as an urbanized area under the
1990 Federal decennial census and eligible to receive funds under
subparagraph (A)(iv) shall receive an amount of funds made available to
carry out this section that is no less than the amount the portion of
the area received under section 5311 in fiscal year 2002.''
2002--Subsec. (b)(1). Pub. L. 107-232, Sec. 1(1), struck out at end
``The Secretary may make grants under this section from funds made
available for fiscal year 1998 to finance the operating costs of
equipment and facilities for use in mass transportation in an urbanized
area with a population of at least 200,000.''
Subsec. (b)(2) to (4). Pub. L. 107-232, Sec. 1(2)-(4), added par.
(2), redesignated former pars. (2) and (3) as (3) and (4), respectively,
and realigned margins of par. (3)(C), as redesignated.
1998--Pub. L. 105-178, Sec. 3007(a)(1), substituted ``Urbanized area
formula grants'' for ``Block grants'' in section catchline.
Subsec. (a). Pub. L. 105-178, Sec. 3007(b)(1), substituted ``In this
section, the following definitions apply:'' for ``In this section--'' in
introductory provisions.
Subsec. (a)(1). Pub. L. 105-178, Sec. 3007(b)(2), inserted
``Associated capital maintenance items.--The term'' after ``(1)''.
Subsec. (a)(2). Pub. L. 105-178, Sec. 3007(b)(3), inserted
``Designated recipient.--The term'' after ``(2)''.
Subsec. (b)(1). Pub. L. 105-178, Sec. 3007(h)(1), as added by Pub.
L. 105-206, Sec. 9009(e), inserted at end ``The Secretary may make
grants under this section from funds made available for fiscal year 1998
to finance the operating costs of equipment and facilities for use in
mass transportation in an urbanized area with a population of at least
200,000.''
Pub. L. 105-178, Sec. 3007(c)(1), substituted ``and improvement
costs of equipment'' for ``, improvement, and operating costs of
equipment'' and inserted at end ``The Secretary may also make grants
under this section to finance the operating cost of equipment and
facilities for use in mass transportation in an urbanized area with a
population of less than 200,000.''
Subsec. (b)(2)(A). Pub. L. 105-178, Sec. 3007(c)(2)(A), inserted ``,
in writing,'' after ``approved''.
Subsec. (b)(2)(C). Pub. L. 105-178, Sec. 3007(c)(2)(B)-(4), added
subpar. (C).
Subsec. (b)(3), (4). Pub. L. 105-178, Sec. 3007(c)(5), (6),
redesignated par. (4) as (3) and struck out former par. (3) which read
as follows: ``A grant for a capital project under this section also is
available to finance the leasing of equipment and facilities for use in
mass transportation, subject to regulations the Secretary prescribes
limiting the grant to leasing arrangements that are more cost effective
than acquisition or construction.''
Subsec. (b)(5). Pub. L. 105-178, Sec. 3007(c)(5), struck out par.
(5) which read as follows: ``Amounts under this section are available
for a highway project under title 23 only if amounts used for the State
or local share of the project are eligible to finance either a highway
or mass transportation project.''
Subsec. (g)(3). Pub. L. 105-178, Sec. 3007(d), substituted ``the
most favorable financing terms reasonably available for the project at
the time of borrowing. The applicant shall certify, in a manner
satisfactory to the Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing terms.'' for ``the
amount by which the estimated cost of carrying out the part (if it would
be carried out at the time the part is converted to a regularly financed
project) exceeds the actual cost (except interest) of carrying out the
part.''
Subsec. (i)(2). Pub. L. 105-178, Sec. 3007(e), inserted at end ``To
the extent practicable, the Secretary shall coordinate such reviews with
any related State or local reviews.''
Subsec. (k). Pub. L. 105-178, Sec. 3007(f), amended heading and text
of subsec. (k) generally. Prior to amendment, text read as follows: ``A
certification under subsection (d) of this section and any additional
certification required by law to be submitted to the Secretary may be
consolidated into a single document to be submitted annually as part of
the grant application under this section. The Secretary shall publish
annually a list of all certifications required under this chapter with
the publication required under section 5336(e)(2) of this title.''
Subsec. (k)(3). Pub. L. 105-178, Sec. 3007(h)(2), as added by Pub.
L. 105-206, Sec. 9009(e), inserted ``preceding'' before ``fiscal year''.
Subsec. (n)(2). Pub. L. 105-178, Sec. 3007(g), inserted ``5319,''
after ``5318,''.
1996--Subsec. (a)(2). Pub. L. 104-287 substituted ``title; or'' for
``title;'' in subpar. (A) and ``transportation.'' for ``transportation;
or'' in subpar. (B) and struck out subpar. (C) which read as follows:
``a recipient designated under section 5(b)(1) of the Federal Transit
Act not later than January 5, 1983.''
1994--Subsec. (d)(1)(D). Pub. L. 103-429, Sec. 6(7)(A), substituted
``section'' for ``chapter''.
Subsec. (d)(1)(E)(iii). Pub. L. 103-429, Sec. 6(7)(B), substituted
``Buy America'' for ``Buy-American''.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-287 effective July 5, 1994, see section
8(1) of Pub. L. 104-287, set out as a note under section 5303 of this
title.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9
of Pub. L. 103-429, set out as a note under section 321 of this title.
Local Share
Pub. L. 105-178, title III, Sec. 3011, June 9, 1998, 112 Stat. 357,
provided that:
``(a) In General.--Notwithstanding any other provision of law, for
fiscal years 1999 through 2003, a recipient of assistance under section
5307 or 5309 of title 49, United States Code, may use, as part of the
local matching funds for a capital project (as defined in section
5302(a) of title 49, United States Code), the proceeds from the issuance
of revenue bonds.
``(b) Maintenance of Effort.--The Secretary [of Transportation]
shall approve of the use of the proceeds from the issuance of revenue
bonds for the remainder of the net project cost (as defined in section
5302(a) of title 49, United States Code) only if the aggregate amount of
financial support for mass transportation in the urbanized area from the
State and affected local governmental authorities during the next 3
fiscal years, as programmed in the State Transportation Improvement
Program under section 135 of title 23, United States Code, is not less
than the aggregate amount provided by the State and affected local
governmental authorities in the urbanized area during the preceding 3
fiscal years.
``(c) Report.--
``(1) In general.--Not later than January 1, 2003, the Secretary
shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate, a report on the recipients
described in subsection (a) that have used, as part of the local
matching funds for a capital project, the proceeds from the issuance
of revenue bonds, during the period described in subsection (a).
``(2) Contents of report.--The report required by this
subsection shall include--
``(A) information on each project undertaken, the amount of
the revenue bonds issued, and the status of repayment of the
bonds; and
``(B) any recommendations of the Secretary regarding the
application of this section.''
Pilot Program for Intercity Rail Infrastructure Investment From Mass
Transit Account of Highway Trust Fund
Pub. L. 105-178, title III, Sec. 3021, June 9, 1998, 112 Stat. 363;
as amended by Pub. L. 105-206, title IX, Sec. 9009(m), July 22, 1998,
112 Stat. 857; Pub. L. 105-277, div. A, Sec. 101(g) [title III,
Sec. 354], Oct. 21, 1998, 112 Stat. 2681-439, 2681-476; Pub. L. 106-69,
title III, Sec. 323, Oct. 9, 1999, 113 Stat. 1020, provided that:
``(a) In General.--The Secretary [of Transportation] shall establish
a pilot program to determine the benefits of using funds from the Mass
Transit Account of the Highway Trust Fund for intercity passenger rail.
The funds made available to the State of Oklahoma and the State of
Vermont to carry out sections 5307 and 5311 of title 49, United States
Code during fiscal years 1998 through 2003 may be used for capital
improvements to, and operating assistance for, intercity passenger rail
service.
``(b) Report.--
``(1) In general.--Not later than October 1, 2002, the Secretary
shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate a report on the pilot
program established under this section.
``(2) Contents.--The report submitted under paragraph (1) shall
include--
``(A) an evaluation of the effect of the pilot program on
alternative forms of transportation within the State of Oklahoma
and the State of Vermont;
``(B) an evaluation of the effect of the program on
operators of mass transportation and their passengers;
``(C) a calculation of the amount of Federal assistance
provided under this section transferred for the provision of
intercity passenger rail service; and
``(D) an estimate of the benefits to intercity passenger
rail service, including the number of passengers served, the
number of route miles covered, and the number of localities
served by intercity passenger rail service.''
Continuation of Operating Assistance to Certain Larger Urbanized Areas
Pub. L. 105-178, title III, Sec. 3027(c), June 9, 1998, 112 Stat.
366; as amended by Pub. L. 105-206, title IX, Sec. 9009(o)(1), July 22,
1998, 112 Stat. 858; Pub. L. 105-277, div. A, Sec. 101(g) [title III,
Sec. 360], Oct. 21, 1998, 112 Stat. 2681-439, 2681-477; Pub. L. 106-31,
title VI, Sec. 6004, May 21, 1999, 113 Stat. 113; Pub. L. 106-346,
Sec. 101(a) [title III, Sec. 341], Oct. 23, 2000, 114 Stat. 1356, 1356A-
32, provided that:
``(1) Provision of assistance.--Notwithstanding any other provision
of law, during the period described in paragraph (2), the Secretary [of
Transportation] may continue to provide assistance under section 5307 of
title 49, United States Code, to finance the operating costs of
equipment and facilities for use in mass transportation in any urbanized
area (as that term is defined in section 5302 of title 49, United States
Code) with a population of at least 200,000, if the Secretary determines
that--
``(A) the number of the total bus revenue vehicle-miles operated
in or directly serving the area is less than 900,000; and
``(B) the number of buses operated in or directly serving the
area does not exceed 15.
``(2) Period described.--For purposes of paragraph (1), the period
described in this paragraph is the period beginning on the date of
enactment of this Act [June 9, 1998] and ending on the earlier of--
``(A) 3 years after the date of enactment of this Act; and
``(B) the date on which the Secretary determines that--
``(i) the number of the total bus revenue vehicle-miles
operated in or directly serving the area is greater than or
equal to 900,000; and
``(ii) the number of buses operated in or directly serving
the area exceeds 15.
``(3) Services for elderly and persons with disabilities.--In
addition to assistance made available under paragraph (1), the Secretary
may provide assistance under section 5307 of title 49, United States
Code, to a transit provider that operates 20 or fewer vehicles in an
urbanized area with a population of at least 200,000 to finance the
operating costs of equipment and facilities used by the transit provider
in providing mass transportation services to elderly and persons with
disabilities, provided that such assistance to all entities shall not
exceed $1,444,000 annually.''
Section Referred to in Other Sections
This section is referred to in sections 5302, 5308, 5315, 5319,
5323, 5326, 5327, 5330, 5331, 5333, 5334, 5335, 5336, 5338, 31138 of
this title.
