§ 5311. — Formula grant for other than urbanized areas.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5311]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5311. Formula grants for other than urbanized areas
(a) Definition.--In this section, ``recipient'' includes a State
authority, a local governmental authority, a nonprofit organization, and
an operator of mass transportation service.
(b) General Authority.--(1) The Secretary of Transportation may make
grants for transportation projects that are included in a State program
of mass transportation service projects (including service agreements
with private providers of mass transportation service) for areas other
than urbanized areas. The program shall be submitted annually to the
Secretary. The Secretary may approve the program only if the Secretary
finds that the program provides a fair distribution of amounts in the
State, including Indian reservations, and the maximum feasible
coordination of mass transportation service assisted under this section
with transportation service assisted by other United States Government
sources.
(2) The Secretary of Transportation shall carry out a rural
transportation assistance program in nonurbanized areas. In carrying out
this paragraph, the Secretary may make grants and contracts for
transportation research, technical assistance, training, and related
support services in nonurbanized areas.
(c) Apportioning Amounts.--The Secretary of Transportation shall
apportion amounts made available under section 5338(a) of this title so
that the chief executive officer of each State receives an amount equal
to the total amount apportioned multiplied by a ratio equal to the
population of areas other than urbanized areas in a State divided by the
population of all areas other than urbanized areas in the United States,
as shown by the most recent of the following: the latest Government
census, the population estimate the Secretary of Commerce prepares after
the 4th year after the date the latest census is published, or the
population estimate the Secretary of Commerce prepares after the 8th
year after the date the latest census is published. The amount may be
obligated by the chief executive officer for 2 years after the fiscal
year in which the amount is apportioned. An amount that is not obligated
at the end of that period shall be reapportioned among the States for
the next fiscal year.
(d) Use for Local Transportation Service.--A State may use an amount
apportioned under this section for a project included in a program under
subsection (b) of this section and eligible for assistance under this
chapter if the project will provide local transportation service, as
defined by the Secretary of Transportation, in an area other than an
urbanized area.
(e) Use for Administration and Technical Assistance.--(1) The
Secretary of Transportation may allow a State to use not more than 15
percent of the amount apportioned under this section to administer this
section and provide technical assistance to a recipient, including
project planning, program and management development, coordination of
mass transportation programs, and research the State considers
appropriate to promote effective delivery of mass transportation to an
area other than an urbanized area.
(2) Except as provided in this section, a State carrying out a
program of operating assistance under this section may not limit the
level or extent of use of the Government grant for the payment of
operating expenses.
(f) Intercity Bus Transportation.--(1) A State shall expend at least
15 percent of the amount made available in each fiscal year after
September 30, 1993, to carry out a program to develop and support
intercity bus transportation. Eligible activities under the program
include--
(A) planning and marketing for intercity bus transportation;
(B) capital grants for intercity bus shelters;
(C) joint-use stops and depots;
(D) operating grants through purchase-of-service agreements,
user-side subsidies, and demonstration projects; and
(E) coordinating rural connections between small mass
transportation operations and intercity bus carriers.
(2) A State does not have to comply with paragraph (1) of this
subsection in a fiscal year in which the chief executive officer of the
State certifies to the Secretary of Transportation that the intercity
bus service needs of the State are being met adequately.
(g) Government's Share of Costs.--(1) In this subsection, ``amounts
of the Government or revenues'' do not include amounts received under a
service agreement with a State or local social service agency or a
private social service organization.
(2) A grant of the Government for a capital project under this
section may not be more than 80 percent of the net cost of the project,
as determined by the Secretary of Transportation. A grant to pay a
subsidy for operating expenses may not be more than 50 percent of the
net cost of the operating expense project. At least 50 percent of the
remainder shall be provided in cash from sources other than amounts of
the Government or revenues from providing mass transportation. 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.
(h) Amounts for Operating Assistance.--An amount made available
under this section may be used for operating assistance.
(i) Transfer of Facilities and Equipment.--With the consent of the
recipient currently having a facility or equipment acquired with
assistance under this section, a State may transfer the facility or
equipment to any recipient eligible to receive assistance under this
chapter if the facility or equipment will continue to be used as
required under this section.
(j) Relationship to Other Laws.--(1) Sections 5323(a)(1)(D) and
5333(b) of this title apply to this section but the Secretary of Labor
may waive the application of section 5333(b).
(2) This subsection does not affect or discharge a responsibility of
the Secretary of Transportation under a law of the United States.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 809; Pub. L. 105-
178, title III, Sec. 3014(a), June 9, 1998, 112 Stat. 359.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5311(a)............................... 49 App.:1614(c) (3d sentence). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 18(b), (c) (2d, 3d
sentences), (d), (e) (1st-4th
sentences), (f); added Nov. 6, 1978,
Pub. L. 95-599, Sec. 313, 92 Stat.
2749, 2750.
5311(b)(1)............................ 49 App.:1614(b) (1st sentence
18th-last words, 2d, last
sentences), (c) (2d sentence
words between 1st and 2d
commas).
5311(b)(2)............................ 49 App.:1614(h). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 18(h); added Apr. 2, 1987,
Pub. L. 100-17, Sec. 323, 101 Stat.
235.
5311(c)............................... 49 App.:1614(a) (1st sentence). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 18(a) (1st sentence); added
Nov. 6, 1978, Pub. L. 95-599, Sec.
313, 92 Stat. 2748; Jan. 6, 1983, Pub.
L. 97-424, Sec. 316(a), 96 Stat.
2153.
49 App.:1614(a) (2d sentence). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 18(a) (2d sentence); added
Nov. 6, 1978, Pub. L. 95-599, Sec.
313, 92 Stat. 2748; Dec. 18, 1991,
Pub. L. 102-240, Sec. 3024, 105 Stat.
2112.
49 App.:1614(c) (1st sentence). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 18(c) (1st sentence); added
Nov. 6, 1978, Pub. L. 95-599, Sec.
313, 92 Stat. 2749; Jan. 6, 1983, Pub.
L. 97-424, Sec. 316(b), 96 Stat.
2153.
5311(d)............................... 49 App.:1614(b) (1st sentence
1st-17th words), (c) (2d
sentence words before 1st and
after 2d commas).
5311(e)(1)............................ 49 App.:1614(d).
5311(e)(2)............................ 49 App.:1614(c) (4th sentence). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 18(c) (4th sentence); added
Apr. 2, 1987, Pub. L. 100-17, Sec.
322, 101 Stat. 235.
5311(f)............................... 49 App.:1614(i). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 18(i); added Dec. 18, 1991,
Pub. L. 102-240, Sec. 3023, 105 Stat.
2111.
5311(g)(1)............................ 49 App.:1614(e) (last July 9, 1964, Pub. L. 88-365, 78 Stat.
sentence). 302, Sec. 18(e) (last sentence);
added Dec. 19, 1985, Pub. L. 99-190,
Sec. 326, 99 Stat. 1289.
5311(g)(2)............................ 49 App.:1614(e) (1st-4th
sentences).
5311(h)............................... 49 App.:1614(c) (last July 9, 1964, Pub. L. 88-365, 78 Stat.
sentence). 302, Sec. 18(c) (last sentence);
added Oct. 6, 1992, Pub. L. 102-388,
Sec. 502(l), 106 Stat. 1567.
5311(i)............................... 49 App.:1614(g) (related to July 9, 1964, Pub. L. 88-365, 78 Stat.
this section). 302, Sec. 18(g) (related to this
section); added Nov. 6, 1978, Pub. L.
95-599, Sec. 313(a), 92 Stat. 2750;
restated Dec. 18, 1991, Pub. L. 102-
240, Sec. 3022, 105 Stat. 2111.
5311(j)............................... 49 App.:1614(f).
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In subsection (a), the words ``Eligible'' and ``and agencies
thereof'' are omitted as surplus.
In subsection (b)(1), the words ``The Secretary of Transportation
may make grants'' are added for clarity and consistency in this chapter.
The word ``equitable'' is omitted as being included in ``fair''.
In subsection (b)(2), the words ``establish and'' are omitted as
executed. The word ``direct'' is omitted as surplus.
In subsection (c), the words ``for expenditure in each fiscal year''
are omitted as surplus. The words ``so that'' are substituted for ``Such
sums shall be made available for expenditure for public transportation
projects in areas other than urbanized areas on the basis of a formula
under which'' to eliminate unnecessary words. The words ``will be
entitled to'' and ``as designated by the Bureau of the Census'' are
omitted as surplus. The words ``United States'' are substituted for
``all the States'' for consistency in the revised title and with other
titles of the Code. The words ``available'', ``a period of'', and ``the
close of'' are omitted as surplus.
In subsection (d), the words ``included in a program under
subsection (b) of this section'' are substituted for 49 App.:1614(b)
(1st-17th words) and ``which are appropriate for areas other than
urbanized areas'' to eliminate unnecessary words. The words ``for
assistance'' are added for clarity.
In subsection (e)(1), the words ``of funds under this section. Such
technical assistance'' and ``(public and private)'' are omitted as
surplus.
In subsections (e)(2) and (g)(2), the word ``grant'' is substituted
for ``share'' for consistency in this chapter.
In subsection (f), the text of 49 App.:1614(i)(3) is omitted as
obsolete.
In subsection (f)(1), before clause (A), the words ``Subject to
paragraph (2)'' are omitted as surplus. The reference to fiscal year
1992 is omitted as obsolete.
In subsection (g)(2), the words ``under this chapter'', ``as defined
by the Secretary'', ``Any public or private'', ``solely'', and
``available in'' are omitted as surplus.
Subsection (h) is substituted for 49 App.:1614(c) (last sentence)
for clarity and consistency in this chapter and to eliminate unnecessary
words.
In subsection (j)(1), the text of 49 App.:1614(f) (1st sentence) is
omitted as unnecessary because of section 5334(a) of the revised title
and 49:322(a). The words ``in carrying out projects'' are omitted as
surplus.
Amendments
1998--Pub. L. 105-178, Sec. 3014(a)(1), substituted ``Formula
grants'' for ``Financial assistance'' in section catchline.
Subsec. (f)(1). Pub. L. 105-178, Sec. 3014(a)(2), struck out ``10
percent of the amount made available in the fiscal year ending September
30, 1993, and'' before ``15 percent of the amount'' in introductory
provisions.
Section Referred to in Other Sections
This section is referred to in sections 5302, 5307, 5310, 5319,
5323, 5327, 5331, 5333, 5334, 5336, 5338, 24305, 31138 of this title.
