-CITE- 49 USC CHAPTER 53 - PUBLIC TRANSPORTATION 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- CHAPTER 53 - PUBLIC TRANSPORTATION -MISC1- Sec. 5301. Policies, findings, and purposes. 5302. Definitions. 5303. Metropolitan transportation planning. 5304. Statewide transportation planning. 5305. Planning programs. 5306. Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations. 5307. Urbanized area formula grants. 5308. Clean fuels grant program. 5309. Capital investment grants. 5310. Formula grants for special needs of elderly individuals and individuals with disabilities. 5311. Formula grants for other than urbanized areas. 5312. Research, development, demonstration, and deployment projects. 5313. Transit cooperative research program. 5314. National research programs. 5315. National transit institute. 5316. Job access and reverse commute formula grants. 5317. New freedom program. 5318. Bus testing facility. 5319. Bicycle facilities. 5320. Alternative transportation in parks and public lands. 5321. Crime prevention and security. 5322. Human resource programs. 5323. General provisions on assistance. 5324. Special provisions for capital projects. 5325. Contract requirements. [5326. Repealed.] 5327. Project management oversight. 5328. Project review. 5329. Investigations of safety hazards and security risks. 5330. State safety oversight. 5331. Alcohol and controlled substances testing. 5332. Nondiscrimination. 5333. Labor standards. 5334. Administrative provisions. 5335. National transit database. 5336. Apportionment of appropriations for formula grants. 5337. Apportionment based on fixed guideway factors. 5338. Authorizations. 5339. Alternatives analysis program. 5340. Apportionments based on growing States and high density States formula factors. AMENDMENTS 2005 - Pub. L. 109-59, title III, Secs. 3002(b)(1), 3005(c), 3006(c), 3007(b), 3010(b), 3011(b), 3012(c), 3013(i), 3014(e)(2), 3015(b)(2), 3016(d), 3018(b), 3019(b), 3021(b), 3024(b), 3025(b), 3028(d), 3029(b), 3033(b), 3035(b), 3038(b), Aug. 10, 2005, 119 Stat. 1544, 1559, 1566, 1568, 1573, 1588, 1593, 1596, 1597, 1600, 1605, 1608, 1614, 1620, 1622, 1625, 1627, 1629, 1638, substituted "PUBLIC" for "MASS" in chapter heading, substituted "transportation planning" for "planning" in item 5303, "Statewide transportation planning" for "Transportation improvement program" in item 5304, "Planning programs" for "Transportation management areas" in item 5305, "grant program" for "formula grant program" in item 5308, "grants" for "grants and loans" in item 5309, "Formula grants" for "Formula grants and loans" in item 5310, "grants" for "grant" in item 5311, "deployment" for "training" in item 5312, "Transit cooperative research program" for "State planning and research programs" in item 5313, "research programs" for "planning and research programs" in item 5314, "Alternative transportation in parks and public lands" for "Suspended light rail system technology pilot project" in item 5320, "Special provisions for capital projects" for "Limitations on discretionary and special needs grants and loans" in item 5324, "Investigations of safety hazards and security risks" for "Investigation of safety hazards" in item 5329, "State safety oversight" for "Withholding amounts for noncompliance with safety requirements" in item 5330, "National transit database" for "Reports and audits" in item 5335, and "Apportionment based on fixed guideway factors" for "Apportionment of appropriations for fixed guideway modernization" in item 5337, added items 5316, 5317, and 5340, and struck out item 5326 "Special procurements". Pub. L. 109-59, title III, Sec. 3037(b), Aug. 10, 2005, 119 Stat. 1636, which directed amendment of the analysis for chapter 53 by striking the item relating to section 5339 and inserting a new item 5339, was executed by adding the new item 5339 after item 5338 to reflect the probable itent of Congress, because no item for section 5339 had been enacted. 1998 - Pub. L. 105-178, title III, Secs. 3007(a)(2), 3008(b), 3009(b), 3014(b), 3017(b), 3025(b)(2), title V, Sec. 5110(c), June 9, 1998, 112 Stat. 347, 352, 359, 361, 365, 444, substituted "Urbanized area formula grants" for "Block grants" in item 5307, "Clean fuels formula grant program" for "Mass Transit Account block grants" in item 5308, "Capital investment" for "Discretionary" in item 5309, "Formula grant" for "Financial assistance" in item 5311, and "transit" for "mass transportation" in item 5315, struck out items 5316 "University research institutes" and 5317 "Transportation centers", and inserted "provisions" after "Administrative" in item 5334. Pub. L. 105-178, title III, Sec. 3013(b), June 9, 1998, 112 Stat. 359, which directed insertion of "formula" before "grants" in item 5310, was executed by substituting "Formula grants" for "Grants" to reflect the probable intent of Congress. Pub. L. 105-178, title III, Sec. 3027(d), as added by Pub. L. 105- 206, title IX, Sec. 9009(o)(2), July 22, 1998, 112 Stat. 858, substituted "formula grants" for "block grants" in item 5336. -End- -CITE- 49 USC Sec. 5301 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5301. Policies, findings, and purposes -STATUTE- (a) Development and Revitalization of Public Transportation Systems. - It is in the interest of the United States, including its economic interest, to foster the development and revitalization of public transportation systems that - (1) maximize the safe, secure, and efficient mobility of individuals; (2) minimize environmental impacts; and (3) minimize transportation-related fuel consumption and reliance on foreign oil. (b) General Findings. - Congress finds that - (1) more than two-thirds of the population of the United States is located in rapidly expanding urbanized areas that generally cross the boundary lines of local jurisdictions and often extend into at least 2 States; (2) the welfare and vitality of urban areas, the satisfactory movement of people and goods within those areas, and the effectiveness of programs aided by the United States Government are jeopardized by deteriorating or inadequate urban transportation service and facilities, the intensification of traffic congestion, and the lack of coordinated, comprehensive, and continuing development planning; (3) transportation is the lifeblood of an urbanized society, and the health and welfare of an urbanized society depend on providing efficient, economical, and convenient transportation in and between urban areas; (4) for many years the public transportation industry capably and profitably satisfied the transportation needs of the urban areas of the United States but in the early 1970's continuing even minimal public transportation service in urban areas was threatened because maintaining that transportation service was financially burdensome; (5) ending that transportation, or the continued increase in its cost to the user, is undesirable and may affect seriously and adversely the welfare of a substantial number of lower income individuals; (6) some urban areas were developing preliminary plans for, or carrying out, projects in the early 1970's to revitalize their public transportation operations; (7) significant public transportation improvements are necessary to achieve national goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly individuals, individuals with disabilities, and economically disadvantaged individuals in urban and rural areas of the United States; (8) financial assistance by the Government to develop efficient and coordinated public transportation systems is essential to solve the urban transportation problems referred to in clause (2) of this subsection; and (9) immediate substantial assistance by the Government is needed to enable public transportation systems to continue providing vital transportation service. (c) Rapid Urbanization and Continuing Population Dispersal. - Rapid urbanization and continuing dispersal of the population and activities in urban areas have made the ability of all citizens to move quickly and at a reasonable cost an urgent problem of the Government. (d) Elderly Individuals and Individuals With Disabilities. - It is the policy of the Government that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation service and facilities. Special efforts shall be made in planning and designing public transportation service and facilities to ensure that public transportation can be used by elderly individuals and individuals with disabilities. All programs of the Government assisting public transportation shall carry out this policy. (e) Preserving the Environment. - It is the policy of the Government that special effort shall be made to preserve the natural beauty of the countryside, public park and recreation lands, wildlife and waterfowl refuges, and important historical and cultural assets when planning, designing, and carrying out a public transportation capital project with assistance from the Government. (f) General Purposes. - The purposes of this chapter are - (1) to assist in developing improved public transportation equipment, facilities, techniques, and methods with the cooperation of both public transportation companies and private companies engaged in public transportation; (2) to encourage the planning and establishment of areawide public transportation systems needed for economical and desirable urban development with the cooperation of both public transportation companies and private companies engaged in public transportation; (3) to assist States and local governments and their authorities in financing areawide public transportation systems that are to be operated by public transportation companies or private companies engaged in public transportation as decided by local needs; (4) to provide financial assistance to State and local governments and their authorities to help carry out national goals related to mobility for elderly individuals, individuals with disabilities, and economically disadvantaged individuals; and (5) to establish a partnership that allows a community, with financial assistance from the Government, to satisfy its public transportation requirements. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 785; Pub. L. 109-59, title III, Secs. 3002(b)(4), 3003, Aug. 10, 2005, 119 Stat. 1545.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5301(a) 49 App.:1607(a) July 9, 1964, Pub. L. (1st sentence). 88-365, 78 Stat. 302, Sec. 8(a) (1st sentence); added Nov. 6, 1978, Pub. L. 95-599, Sec. 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100-17, Sec. 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3012, 105 Stat. 2098. 5301(b) 49 App.:1601(a). July 9, 1964, Pub. L. 88-365, Sec. 2, 78 Stat. 302; Dec. 18, 1991, Pub. L. 102-240, Sec. 3005, 105 Stat. 2088. 49 App.:1601b. Nov. 26, 1974, Pub. L. 93-503, Sec. 2, 88 Stat. 1566. 5301(c) 49 App.:1601a (1st Oct. 15, 1970, Pub. L. sentence). 91-453, Sec. 1, 84 Stat. 962. 5301(d) 49 App.:1612(a). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 16(a); added Oct. 15, 1970, Pub. L. 91-453, Sec. 8, 84 Stat. 967; Dec. 18, 1991, Pub. L. 102-240, Sec. 3021(1), 105 Stat. 2110. 5301(e) 49 App.:1610(a) July 9, 1964, Pub. L. (1st sentence). 88-365, Sec. 14(a) (1st sentence), 78 Stat. 308; Sept. 8, 1966, Pub. L. 89-562, Sec. 2(a)(1), 80 Stat. 715; restated Oct. 15, 1970, Pub. L. 91-453, Sec. 6, 84 Stat. 966. 5301(f) 49 App.:1601(b). 49 App.:1601a (last sentence). -------------------------------------------------------------------- In subsection (b)(1), the words "the predominant part" in 49 App.:1601(a)(1) and "lives in urban areas" in 49 App.:1601b(1) are omitted because of the restatement. The words "metropolitan and other" in 49 App.:1601(a)(1) are omitted as surplus. In subsection (b)(2), the words "housing, urban renewal, highway, and other", "being", "the . . . provision of", and "transportation and other" in 49 App.:1601(a)(2) are omitted as surplus. In subsection (b)(4), the words "the early 1970's" are substituted for "recent years" in 49 App.:1601b(4), and the words "minimal mass transportation service" are substituted for "this essential public service", for clarity. In subsection (b)(5), the word "particularly" in 49 App.:1601b(5) is omitted as surplus. In subsection (b)(6), the words "were . . . in the early 1970's" are substituted for "now" in 49 App.:1601b(6) for clarity. The words "engaged in", "actually", and "comprehensive" in 49 App.:1601b(6) are omitted as surplus. In subsection (b)(9), the word "many" in 49 App.:1601(b)(7) is omitted as surplus. In subsection (c), the text of 49 App.:1601a (1st sentence words after semicolon) is omitted as executed. In subsections (d) and (e), the words "hereby declared to be" are omitted as surplus. In subsection (d), the words "to ensure that mass transportation can be used by elderly individuals and individuals with disabilities" are substituted for "in the planning and design of mass transportation facilities and services so that the availability to elderly persons and persons with disabilities of mass transportation which they can effectively utilize will be assured" to eliminate unnecessary words. The words "the field of" and "(including the programs under this chapter) . . . contain provisions" are omitted as surplus. In subsection (e), the words "carrying out" are substituted for "construction of", and the word "capital" is added, for consistency in the revised chapter. The reference to section 5310 of the revised title is added for clarity because a loan or grant made under section 5310 is deemed to have been made under section 5309. In subsection (f)(5), the words "local" and "to exercise the initiative necessary" are omitted as surplus. AMENDMENTS 2005 - Subsec. (a). Pub. L. 109-59, Sec. 3003(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "It is in the interest of the United States to encourage and promote the development of transportation systems that embrace various modes of transportation and efficiently maximize mobility of individuals and goods in and through urbanized areas and minimize transportation-related fuel consumption and air pollution." Subsec. (b)(1). Pub. L. 109-59, Sec. 3003(b), substituted "two- thirds" for "70 percent" and "urbanized areas" for "urban areas". Subsecs. (b)(4), (6) to (9), (d). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing. Subsec. (e). Pub. L. 109-59, Sec. 3003(c), substituted "a" for "an urban" and struck out "under sections 5309 and 5310 of this title" before period at end. Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (f)(1). Pub. L. 109-59, Sec. 3003(d)(1), substituted "public transportation equipment" for "mass transportation equipment" and "both public transportation companies and private companies engaged in public transportation" for "public and private mass transportation companies". Subsec. (f)(2). Pub. L. 109-59, Sec. 3003(d)(2), substituted "public transportation systems" for "urban mass transportation systems" and "both public transportation companies and private companies engaged in public transportation" for "public and private mass transportation companies". Subsec. (f)(3). Pub. L. 109-59, Sec. 3003(d)(3), substituted "public transportation systems" for "urban mass transportation systems" and "public transportation companies or private companies engaged in public transportation" for "public or private mass transportation companies". Subsec. (f)(5). Pub. L. 109-59, Sec. 3003(d)(4), substituted "public" for "urban mass". CONTRACTING OUT STUDY Pub. L. 105-178, title III, Sec. 3032, June 9, 1998, 112 Stat. 385, as amended by Pub. L. 105-206, title IX, Sec. 9009(v), July 22, 1998, 112 Stat. 861, provided that: "(a) Study. - Not later than 6 months after the date of enactment of this Act [June 9, 1998], the Secretary [of Transportation] shall enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct a study of the effect of contracting out mass transportation operation and administrative functions on cost, availability and level of service, efficiency, safety, quality of services provided to transit-dependent populations, and employer-employee relations. "(b) Terms of Agreement. - The agreement entered into in subsection (a) shall provide that - "(1) the Transportation Research Board, in conducting the study, consider the number of grant recipients that have contracted out services, the size of the population served by such grant recipients, the basis for decisions regarding contracting out, and the extent to which contracting out was affected by the integration and coordination of resources of transit agencies and other Federal agencies and programs; and "(2) the panel conducting the study shall include representatives of transit agencies, employees of transit agencies, private contractors, academic and policy analysts, and other interested persons. "(c) Report. - Not later than 24 months after the date of entry into the agreement under subsection (a), the Secretary shall transmit 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 containing the results of the study. "(d) Funding. - There shall be available from funds made available under section 5338(f)(2) of title 49, United States Code, to carry out this section $250,000 for fiscal year 1999. "(e) Contractual Obligation. - Entry into an agreement to carry out this section that is financed with amounts made available under subsection (d) is a contractual obligation of the United States to pay the Government's share of the cost of the study." COMMUTE-TO-WORK BENEFITS Pub. L. 102-240, title VIII, Sec. 8004, Dec. 18, 1991, 105 Stat. 2206, provided that: "(a) Findings. - The Congress finds that - "(1) current Federal policy places commuter transit benefits at a disadvantage compared to drive-to-work benefits; "(2) this Federal policy is inconsistent with important national policy objectives, including the need to conserve energy, reduce reliance on energy imports, lessen congestion, and clean our Nation's air; "(3) commuter transit benefits should be part of a comprehensive solution to national transportation and air pollution problems; "(4) current Federal law allows employers to provide only up to $21 per month in employee benefits for transit or van pools; "(5) the current 'cliff provision', which treats an entire commuter transit benefit as taxable income if it exceeds $21 per month, unduly penalizes the most effective employer efforts to change commuter behavior; "(6) employer-provided commuter transit incentives offer many public benefits, including increased access of low-income persons to good jobs, inexpensive reduction of roadway and parking congestion, and cost-effective incentives for timely arrival at work; and "(7) legislation to provide equitable treatment of employer- provided commuter transit benefits has been introduced with bipartisan support in both the Senate and House of Representatives. "(b) Policy. - The Congress strongly supports Federal policy that promotes increased use of employer-provided commuter transit benefits. Such a policy 'levels the playing field' between transportation modes and is consistent with important national objectives of energy conservation, reduced reliance on energy imports, lessened congestion, and clean air." -End- -CITE- 49 USC Sec. 5302 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5302. Definitions -STATUTE- (a) In General. - Except as otherwise specifically provided, in this chapter, the following definitions apply: (1) Capital project. - The term "capital project" means a project for - (A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; (B) rehabilitating a bus; (C) remanufacturing a bus; (D) overhauling rail rolling stock; (E) preventive maintenance; (F) leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction; (G) a public transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a public transportation facility, construction, renovation, and improvement of intercity bus and intercity rail stations and terminals, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a public transportation project and is related physically or functionally to that public transportation project, or establishes new or enhanced coordination between public transportation and other transportation, and provides a fair share of revenue for public transportation that will be used for public transportation - (i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare or health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and (ii) excluding construction of a commercial revenue- producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation; (H) the introduction of new technology, through innovative and improved products, into public transportation; (I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311; (J) crime prevention and security - (i) including - (I) projects to refine and develop security and emergency response plans; (II) projects aimed at detecting chemical and biological agents in public transportation; (III) the conduct of emergency response drills with public transportation agencies and local first response agencies; and (IV) security training for public transportation employees; but (ii) excluding all expenses related to operations, other than such expenses incurred in conducting activities described in clauses (i)(III) and (i)(IV); (K) establishing a debt service reserve, made up of deposits with a bondholder's trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter; or (L) mobility management - (i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but (ii) excluding operating public transportation services. (2) Chief executive officer of a state. - The term "chief executive officer of a State" includes the designee of the chief executive officer. (3) Emergency regulation. - The term "emergency regulation" means a regulation - (A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(b); (!1) and (B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation - (i) would injure seriously an important public interest; (ii) would frustrate substantially legislative policy and intent; or (iii) would damage seriously a person or class without serving an important public interest. (4) Fixed guideway. - The term "fixed guideway" means a public transportation facility - (A) using and occupying a separate right-of-way or rail for the exclusive use of public transportation and other high occupancy vehicles; or (B) using a fixed catenary system and a right-of-way usable by other forms of transportation. (5) Individual with a disability. - The term "individual with a disability" means an individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use effectively, without special facilities, planning, or design, public transportation service or a public transportation facility. (6) Local governmental authority. - The term "local governmental authority" includes - (A) a political subdivision of a State; (B) an authority of at least 1 State or political subdivision of a State; (C) an Indian tribe; and (D) a public corporation, board, or commission established under the laws of a State. (7) Mass transportation. - The term "mass transportation" means public transportation. (8) Net project cost. - The term "net project cost" means the part of a project that reasonably cannot be financed from revenues. (9) New bus model. - The term "new bus model" means a bus model (including a model using alternative fuel) - (A) that has not been used in public transportation in the United States before the date of production of the model; or (B) used in public transportation in the United States, but being produced with a major change in configuration or components. (10) Public transportation. - The term "public transportation" means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, or intercity bus transportation or intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity). (11) Regulation. - The term "regulation" means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter. (12) Secretary. - The term "Secretary" means the Secretary of Transportation. (13) State. - The term "State" means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. (14) Transit. - The term "transit" means public transportation. (15) Transit enhancement. - The term "transit enhancement" means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are - (A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities); (B) bus shelters; (C) landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights; (D) public art; (E) pedestrian access and walkways; (F) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on public transportation vehicles; (G) transit connections to parks within the recipient's transit service area; (H) signage; and (I) enhanced access for persons with disabilities to public transportation. (16) Urban area. - The term "urban area" means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality. (17) Urbanized area. - The term "urbanized area" means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an "urbanized area" by the Secretary of Commerce. (b) Authority To Modify "Individual With a Disability". - The Secretary may by regulation modify the definition of the term "individual with a disability" in subsection (a)(5) as it applies to section 5307(d)(1)(D). -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 786; Pub. L. 103-331, title III, Sec. 335A, Sept. 30, 1994, 108 Stat. 2495; Pub. L. 104-50, title III, Sec. 333(a), Nov. 15, 1995, 109 Stat. 457; Pub. L. 104-287, Sec. 6(c), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105-102, Sec. 3(a), Nov. 20, 1997, 111 Stat. 2214; Pub. L. 105-178, title III, Sec. 3003, June 9, 1998, 112 Stat. 338; Pub. L. 105-206, title IX, Sec. 9009(a), July 22, 1998, 112 Stat. 852; Pub. L. 109- 59, title III, Secs. 3002(b)(4), 3004, Aug. 10, 2005, 119 Stat. 1545.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5302(a)(1) 49 App.:1608(c)(1). July 9, 1964, Pub. L. 88-365, Sec. 12(c)(1), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89-117, Sec. 1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89-562, Sec. 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90-19, Sec. 20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90-448, Sec. 702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95-599, Sec. 308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97-424, Sec. 309(a), 96 Stat. 2151; Apr. 2, 1987, Pub. L. 100-17, Sec. 309(a), 101 Stat. 227. 49 App.:1608(c)(7), July 9, 1964, Pub. L. (8). 88-365, Sec. 12(c)(3)-(9), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89-117, Sec. 1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89-562, Sec. 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90-19, Sec. 20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90-448, Sec. 702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95-599, Sec. 308(b), 92 Stat. 2746; Dec. 18, 1991, Pub. L. 102-240, Sec. 3016, 105 Stat. 2108. 5302(a)(2) 49 App.:1608(c)(3). 5302(a)(3) 49 App.:1608(c)(13). July 9, 1965, Pub. L. 88-365, 78 Stat. 302, Sec. 12(c)(12), (13); added Apr. 2, 1987, Pub. L. 100-17, Sec. 318(b)(3), 101 Stat. 234. 5302(a)(4) 49 App.:1608(c)(2). July 9, 1964, Pub. L. 88-365, Sec. 12(c)(2), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89-117, Sec. 1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89-562, Sec. 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90-19, Sec. 20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90-448, Sec. 702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95-599, Sec. 308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97-424, Sec. 309(b), 96 Stat. 2151. 5302(a)(5) 49 App.:1608(c)(4) (1st sentence). 5302(a)(6) 49 App.:1608(c)(5). 5302(a)(7) 49 App.:1608(c)(6). 5302(a)(8) (no source). 5302(a)(9) 49 App.:1608(h)(2). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 12(h)(2); added Apr. 2, 1987, Pub. L. 100-17, Sec. 317(a), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102-240, Sec. 6021(a), 105 Stat. 2184. 49 App.:1608 (note). Apr. 2, 1988, Pub. L. 100-17, Sec. 317(b)(4), 101 Stat. 233. 5302(a)(10) 49 App.:1608(c)(12). 5302(a)(11) 49 App.:1608(c)(9). 5302(a)(12) 49 App.:1608(c)(10). July 9, 1964, Pub. L. 88-365, Sec. 12(c)(10), (11), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89-117, Sec. 1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89-562, Sec. 2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90-19, Sec. 20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90-448, Sec. 702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95-599, Sec. 308(b), 92 Stat. 2746; Apr. 2, 1987, Pub. L. 100-17, Sec. 318(b)(1), (2), 101 Stat. 234. 5302(a)(13) 49 App.:1608(c)(11). 5302(b) 49 App.:1608(c)(4) (last sentence). -------------------------------------------------------------------- In this chapter, the words "local governmental authority" are substituted for "local public body" for consistency in the revised title and with other titles of the United States Code. In subsection (a), before clause (1), the text of 49 App.:1608(c)(7) is omitted as surplus. The text of 49 App.:1608(c)(8) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section. In clause (1), before subclause (A), the words "capital project" are substituted for "construction" for clarity. In subclause (A), the words "actual", "all", and "reconstruction" are omitted as surplus. In subclause (D), the words "(whether or not such overhaul increases the useful life of the rolling stock)" are omitted as surplus. In clause (2), the words "for each of the jurisdictions included in the definition of 'State' " are omitted as surplus. In clauses (3) and (10), the word "regulation" is substituted for "rule" for consistency in the revised title and with other titles of the Code and because the terms are synonymous. In clause (3)(B)(iii), the words "of persons" are omitted as surplus. In clauses (4) and (5), the word "mass" is substituted for "public" because of the restatement. In clause (4)(A), the words "including, but not limited to, fixed rail, automated guideway transit, and exclusive facilities for buses" are omitted as surplus. In clause (6)(A), the words "municipalities and other" are omitted as surplus. In clause (6)(B), the word "authority" is substituted for "public agencies and instrumentalities" for consistency in the revised title and with other titles of the Code. The word "municipalities" is omitted as surplus. In clause (7), the words "bus, or rail, or other", "either publicly or privately owned", and "on a . . . basis" are omitted as surplus. Clause (8) is added for clarity because the term "net project cost" has the same meaning throughout this chapter. In clause (11), the words "the Commonwealths of" are omitted as surplus. In clause (12), the word "individuals" is substituted for "commuters or others" to eliminate unnecessary words. In clause (13)(A), the words "in the case of any such area" and "entire" are omitted as surplus. The words "Secretary of Commerce" are substituted for "Bureau of the Census" because of 15:1511(e). In clause (13)(B), the words "so designated by the Bureau of Census", "which shall be", "responsible", and "in cooperation with each other" are omitted as surplus. Subsection (b) applies to section 5307(d)(1)(D) of the revised title because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title. -REFTEXT- REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in subsec. (a)(1)(I), 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. Subsec. (b) of section 5334, referred to in subsec. (a)(3)(A), was redesignated subsec. (c) by Pub. L. 109-59, title III, Sec. 3023(3), Aug. 10, 2005, 119 Stat. 1626. -MISC2- AMENDMENTS 2005 - Subsec. (a). Pub. L. 109-59, Sec. 3004(a), substituted "Except as otherwise specifically provided, in this chapter" for "In this chapter" in introductory provisions. Subsec. (a)(1)(A), (F). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (a)(1)(G). Pub. L. 109-59, Sec. 3004(b)(1), inserted "construction, renovation, and improvement of intercity bus and intercity rail stations and terminals," after "public transportation facility," in introductory provisions. Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing in introductory provisions. Subsec. (a)(1)(G)(ii). Pub. L. 109-59, Sec. 3004(b)(2), inserted "(other than an intercity bus station or terminal)" after "commercial revenue-producing facility". Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (a)(1)(H). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (a)(1)(J) to (L). Pub. L. 109-59, Sec. 3004(b)(3)-(5), added subpars. (J) to (L). Subsec. (a)(4). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" in introductory provisions and subpar. (A). Subsec. (a)(5). Pub. L. 109-59, Sec. 3004(c), substituted "Individual with a disability" for "Handicapped individual" in heading and "individual with a disability" for "handicapped individual" in text. Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" in two places. Subsec. (a)(7). Pub. L. 109-59, Sec. 3004(d), amended heading and text of par. (7) generally. Prior to amendment, text read as follows: "The term 'mass transportation' means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation." Subsec. (a)(9). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" in subpars. (A) and (B). Subsec. (a)(10). Pub. L. 109-59, Sec. 3004(e), amended heading and text of par. (10) generally. Prior to amendment, text read as follows: "The term 'public transportation' means mass transportation." Subsec. (a)(14) to (16). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing. Subsec. (a)(17). Pub. L. 109-59, Sec. 3004(f), reenacted heading without change and amended text of par. (17) generally. Prior to amendment, text read as follows: "The term 'urbanized area' means an area - "(A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and "(B) designated as an urbanized area within boundaries fixed by State and local officials and approved by the Secretary." Subsec. (b). Pub. L. 109-59, Sec. 3004(g), substituted "Individual With a Disability" for "Handicapped Individual" in heading and "individual with a disability" for "handicapped individual" in text. 1998 - Pub. L. 105-178, Sec. 3003(a), formerly Sec. 3003, as renumbered by Pub. L. 105-206, Sec. 9009(a)(1), amended section generally, revising and restating existing definitions and adding new pars. defining additional terms. Subsec. (a)(1)(G)(i). Pub. L. 105-178, Sec. 3003(b), as added by Pub. L. 105-206, Sec. 9009(a)(2), substituted "daycare or" for "daycare and". 1997 - Subsec. (a)(1)(B), (C). Pub. L. 105-102 made technical correction to directory language of Pub. L. 104-50, Sec. 333(a). See 1995 Amendment notes below. 1996 - Subsec. (a)(1). Pub. L. 104-287 made technical correction to directory language of Pub. L. 103-331, Sec. 335A. See 1994 Amendment note below. 1995 - Subsec. (a)(1)(B). Pub. L. 104-50, Sec. 333(a)(1), as amended by Pub. L. 105-102, Sec. 3(a)(1), struck out "that extends the economic life of a bus for at least 5 years" after "rehabilitating a bus". Subsec. (a)(1)(C). Pub. L. 104-50, Sec. 333(a)(2), as amended by Pub. L. 105-102, Sec. 3(a)(2), struck out "that extends the economic life of a bus for at least 8 years" after "remanufacturing a bus". 1994 - Subsec. (a)(1). Pub. L. 103-331, Sec. 335A, as amended by Pub. L. 104-287, inserted "payments for the capital portions of rail trackage rights agreements," after "rights of way),". 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 1997 AMENDMENT Pub. L. 105-102, Sec. 3(a), Nov. 20, 1997, 111 Stat. 2214, provided that the amendment made by section 3(a) is effective Nov. 15, 1995. Amendment by Pub. L. 105-102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105-102, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Section 6(c) of Pub. L. 104-287 provided that the amendment made by that section is effective Sept. 30, 1994. EFFECTIVE DATE OF 1995 AMENDMENT Section 333(b) of Pub. L. 104-50 provided that: "The amendments made by this section [amending this section] shall not take effect before March 31, 1996." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 49 USC Sec. 5303 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5303. Metropolitan transportation planning -STATUTE- (a) Policy. - It is in the national interest to - (1) encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and (2) encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d). (b) Definitions. - In this section and section 5304, the following definitions apply: (1) Metropolitan planning area. - The term "metropolitan planning area" means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). (2) Metropolitan planning organization. - The term "metropolitan planning organization" means the policy board of an organization created as a result of the designation process in subsection (d). (3) Nonmetropolitan area. - The term "nonmetropolitan area" means a geographic area outside a designated metropolitan planning area. (4) Nonmetropolitan local official. - The term "nonmetropolitan local official" means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. (5) TIP. - The term "TIP" means a transportation improvement program developed by a metropolitan planning organization under subsection (j). (6) Urbanized area. - The term "urbanized area" means a geographic area with a population of 50,000 or more, as designated by the Bureau of the Census. (c) General Requirements. - (1) Development of long-range plans and tips. - To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs for metropolitan planning areas of the State. (2) Contents. - The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. (3) Process of development. - The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. (d) Designation of Metropolitan Planning Organizations. - (1) In general. - To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals - (A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as named by the Bureau of the Census); or (B) in accordance with procedures established by applicable State or local law. (2) Structure. - Each metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of - (A) local elected officials; (B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and (C) appropriate State officials. (3) Limitation on statutory construction. - Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities to - (A) develop the plans and TIPs for adoption by a metropolitan planning organization; and (B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. (4) Continuing designation. - A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5). (5) Redesignation procedures. - A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as named by the Bureau of the Census) as appropriate to carry out this section. (6) Designation of more than one metropolitan planning organization. - More than one metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than one metropolitan planning organization for the area appropriate. (e) Metropolitan Planning Area Boundaries. - (1) In general. - For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor. (2) Included area. - Each metropolitan planning area - (A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20- year forecast period for the transportation plan; and (B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. (3) Identification of new urbanized areas within existing planning area boundaries. - The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization. (4) Existing metropolitan planning areas in nonattainment. - Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the Federal Public Transportation Act of 2005, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained; except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(5). (5) New metropolitan planning areas in nonattainment. - In the case of an urbanized area designated after the date of enactment of the Federal Public Transportation Act of 2005 as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area - (A) shall be established in the manner described in subsection (d)(1); (B) shall encompass the areas described in paragraph (2)(A); (C) may encompass the areas described in paragraph (2)(B); and (D) may address any nonattainment area identified under the Clean Air Act for ozone or carbon monoxide. (f) Coordination in Multistate Areas. - (1) In general. - The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. (2) Interstate compacts. - The consent of Congress is granted to any two or more States - (A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and (B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. (3) Lake tahoe region. - (A) Definition. - In this paragraph, the term "Lake Tahoe region" has the meaning given the term "region" in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96-551 (94 Stat. 3234). (B) Transportation planning process. - The Secretary shall - (i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and (ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 5304. (C) Interstate compact. - (i) In general. - Subject to clause (ii), and notwithstanding subsection (b), to carry out the transportation planning process required by this section, the consent of Congress is granted to the States of California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and Nevada and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities (as defined by the Bureau of the Census)), or in accordance with procedures established by applicable State or local law. (ii) Involvement of federal land management agencies. - (I) Representation. - The policy board of a metropolitan planning organization designated under clause (i) shall include a representative of each Federal land management agency that has jurisdiction over land in the Lake Tahoe region. (II) Funding. - In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this chapter and title 23, 1 percent of the funds allocated under section 202 of title 23 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph. (D) Activities. - Highway projects included in transportation plans developed under this paragraph - (i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and (ii) may, in accordance with chapter 2 of title 23, be funded using funds allocated under section 202 of such title. (4) Reservation of rights. - The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. (g) MPO Consultation in Plan and TIP Coordination. - (1) Nonattainment areas. - If more than one metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act, each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. (2) Transportation improvements located in multiple mpos. - If a transportation improvement, funded from the Highway Trust Fund or authorized under this chapter, is located within the boundaries of more than one metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement. (3) Relationship with other planning officials. - The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by - (A) recipients of assistance under this chapter; (B) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and (C) recipients of assistance under section 204 of title 23. (h) Scope of Planning Process. - (1) In general. - The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will - (A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; (B) increase the safety of the transportation system for motorized and nonmotorized users; (C) increase the security of the transportation system for motorized and nonmotorized users; (D) increase the accessibility and mobility of people and for freight; (E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; (F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; (G) promote efficient system management and operation; and (H) emphasize the preservation of the existing transportation system. (2) Failure to consider factors. - The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process. (i) Development of Transportation Plan. - (1) In general. - Each metropolitan planning organization shall prepare a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection. The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following: (A) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). (B) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a). In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently. (2) Transportation plan. - A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following: (A) Identification of transportation facilities. - An identification of transportation facilities (including major roadways, transit, multimodal and intermodal facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as such factors relate to a 20-year forecast period. (B) Mitigation activities. - (i) In general. - A long-range transportation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan. (ii) Consultation. - The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. (C) Financial plan. - A financial plan that demonstrates how the adopted transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation. (D) Operational and management strategies. - Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. (E) Capital investment and other strategies. - Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs. (F) Transportation and transit enhancement activities. - Proposed transportation and transit enhancement activities. (3) Coordination with clean air act agencies. - In metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act, the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act. (4) Consultation. - (A) In general. - In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a long-range transportation plan. (B) Issues. - The consultation shall involve, as appropriate - (i) comparison of transportation plans with State conservation plans or maps, if available; or (ii) comparison of transportation plans to inventories of natural or historic resources, if available. (5) Participation by interested parties. - (A) In general. - Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan. (B) Contents of participation plan. - A participation plan - (i) shall be developed in consultation with all interested parties; and (ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan. (C) Methods. - In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable - (i) hold any public meetings at convenient and accessible locations and times; (ii) employ visualization techniques to describe plans; and (iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). (6) Publication. - A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish. (7) Selection of projects from illustrative list. - Notwithstanding paragraph (2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(C). (j) Metropolitan Tip. - (1) Development. - (A) In general. - In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the area for which the organization is designated. (B) Opportunity for comment. - In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). (C) Funding estimates. - For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. (D) Updating and approval. - The TIP shall be updated at least once every 4 years and shall be approved by the metropolitan planning organization and the Governor. (2) Contents. - (A) Priority list. - The TIP shall include a priority list of proposed federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP. (B) Financial plan. - The TIP shall include a financial plan that - (i) demonstrates how the TIP can be implemented; (ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; (iii) identifies innovative financing techniques to finance projects, programs, and strategies; and (iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available. (C) Descriptions. - Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. (3) Included projects. - (A) Projects under this chapter and title 23. - A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under this chapter and chapter 1 of title 23. (B) Projects under chapter 2 of title 23. - (i) Regionally significant projects. - Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program. (ii) Other projects. - Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in one line item or identified individually in the transportation improvement program. (C) Consistency with long-range transportation plan. - Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area. (D) Requirement of anticipated full funding. - The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. (4) Notice and comment. - Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). (5) Selection of projects. - (A) In general. - Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from the approved TIP - (i) by - (I) in the case of projects under title 23, the State; and (II) in the case of projects under this chapter, the designated recipients of public transportation funding; and (ii) in cooperation with the metropolitan planning organization. (B) Modifications to project priority. - Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program. (6) Selection of projects from illustrative list. - (A) No required selection. - Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). (B) Required action by the secretary. - Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. (7) Publication. - (A) Publication of tips. - A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. (B) Publication of annual listings of projects. - An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. The listing shall be consistent with the categories identified in the TIP. (C) Rulemaking. - Not later than 180 days after the date of enactment of the Federal Public Transportation Act of 2005, the Secretary shall issue regulations setting standards for the listing required by subparagraph (B) and specifying the types of data to be included in such list, including sufficient information about each project to identify its type, location, and amount obligated. (k) Transportation Management Areas. - (1) Identification and designation. - (A) Required identification. - The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals. (B) Designations on request. - The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. (2) Transportation plans. - In a metropolitan planning area serving a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators. (3) Congestion management process. - Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23 through the use of travel demand reduction and operational management strategies. The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than one year after the identification of a transportation management area. (4) Selection of projects. - (A) In general. - All federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under title 23 (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under this chapter shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator. (B) National highway system projects. - Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System and projects carried out within such boundaries under the bridge program or the Interstate maintenance program under title 23 shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area. (5) Certification. - (A) In general. - The Secretary shall - (i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and (ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process. (B) Requirements for certification. - The Secretary may make the certification under subparagraph (A) if - (i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and (ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor. (C) Effect of failure to certify. - (i) Withholding of project funds. - If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this chapter and title 23. (ii) Restoration of withheld funds. - The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. (D) Review of certification. - In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review. (l) Abbreviated Plans for Certain Areas. - (1) In general. - Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. (2) Nonattainment areas. - The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act. (m) Additional Requirements for Certain Nonattainment Areas. - (1) In general. - Notwithstanding any other provisions of this chapter or title 23, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. (2) Applicability. - This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e). (n) Limitation on Statutory Construction. - Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this chapter or title 23. (o) Funding. - Funds set aside under section 5305(g) of this title or section 104(f) of title 23 shall be available to carry out this section. (p) Continuation of Current Review Practice. - Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under such Act. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 788; Pub. L. 104-287, Sec. 5(10), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105- 102, Sec. 2(4), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105-178, title III, Secs. 3004, 3029(b)(1)-(3), June 9, 1998, 112 Stat. 341, 372; Pub. L. 105-206, title IX, Sec. 9009(b), July 22, 1998, 112 Stat. 852; Pub. L. 109-59, title III, Sec. 3005(a), Aug. 10, 2005, 119 Stat. 1547.) -MISC1- HISTORICAL AND REVISION NOTES PUB. L. 103-272 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5303(a) 49 App.:1607(a) July 9, 1964, Pub. L. (2d-last sentences). 88-365, 78 Stat. 302, Sec. 8(a) (2d-last sentences)-(g), (n); added Nov. 6, 1978, Pub. L. 95-599, Sec. 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100-17, Sec. 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3012, 105 Stat. 2098, 2104. 5303(b) 49 App.:1607(f). 5303(c)(1) 49 App.:1607(b)(1). 5303(c)(2) 49 App.:1607(b)(2). 5303(c)(3) 49 App.:1607(b)(6). 5303(c)(4) 49 App.:1607(b)(4). 5303(c)(5) 49 App.:1607(b)(5). 5303(c)(6) 49 App.:1607(b)(3). 5303(d) 49 App.:1607(c). 5303(e) 49 App.:1607(d), (e). 5303(f) 49 App.:1607(g). 5303(g) 49 App.:1607(n). 5303(h) 49 App.:1607(p). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 8(p); added Nov. 6, 1978, Pub. L. 95-599, Sec. 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100-17, Sec. 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3012, 105 Stat. 2105; Oct. 6, 1992, Pub. L. 102-388, Sec. 502(h), 106 Stat. 1566. -------------------------------------------------------------------- In this section, the word "together" is omitted as surplus. The words "Secretary of Commerce" are substituted for "Bureau of the Census" because of 15:1511(e). In subsection (b)(2), the word "applicable" is omitted as surplus. In subsection (b)(3), the words "where it does not yet occur" are omitted as surplus. In subsection (b)(4), the words "the provisions of all applicable" are omitted as surplus. In subsection (c)(4), before clause (A), the words "whether made under this section or other provisions of law" are omitted as surplus. In subsection (d), the word "entire" is omitted as surplus. In subsection (e)(2), the words "or compacts" and "joint or otherwise" are omitted as surplus. In subsection (f)(3), the word "area" is added for clarity and consistency with 42:7501(2). In subsection (f)(5)(A), the words "published or otherwise" are omitted as surplus. In subsection (g), before clause (1), the words "local governmental authorities" are substituted for "local public bodies", and the words "departments, agencies, and instrumentalities of the Government" are substituted for "Federal departments and agencies", for consistency in the revised title and with other titles of the United States Code. In subsection (h)(6)(A), the words "for obligation", "a period of", and "the close of" are omitted as surplus. PUB. L. 104-287 This amends 49:5303(f)(2) and (h)(4) to correct erroneous cross- references. PUB. L. 105-102, SEC. 2(4)(A) This amends 49:5303(c)(1) to correct an erroneous cross- reference. PUB. L. 105-102, SEC. 2(4)(B) This amends 49:5303(c)(4)(A) to correct an erroneous cross- reference. PUB. L. 105-102, SEC. 2(4)(C) This amends 49:5303(c)(5)(A) to correct an erroneous cross- reference. -REFTEXT- REFERENCES IN TEXT The Clean Air Act, referred to in subsecs. (e)(4), (5)(D), (g)(1), (i)(3), (l)(2), and (m)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (Sec. 7401 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 7401 of Title 42 and Tables. The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsecs. (e)(4), (5) and (j)(7)(C), is the date of enactment of title III of Pub. L. 109-59, which was approved Aug. 10, 2005. Public Law 96-551, referred to in subsec. (f)(3)(A), is Pub. L. 96-551, Dec. 19, 1980, 94 Stat. 3233, which is not classified to the Code. The National Environmental Policy Act of 1969, referred to in subsec. (p), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 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 4321 of Title 42 and Tables. -MISC2- AMENDMENTS 2005 - Pub. L. 109-59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of a metropolitan planning organization for each urbanized area with a population of more than 50,000, general requirements, scope of planning process, boundaries of each area, coordination in multistate areas, development of long-range transportation plans, grants for studies and evaluations, and apportionment of funds. 1998 - Subsecs. (a), (b). Pub. L. 105-178, Sec. 3004(a), added subsecs. (a) and (b) and struck out headings and text of former subsecs. (a) and (b) which related to development requirements and plan and program factors, respectively. Subsec. (c)(1)(A). Pub. L. 105-178, Sec. 3004(b)(1)(B), substituted "or cities, as defined by the Bureau of the Census)" for "as defined by the Secretary of Commerce)". Pub. L. 105-178, Sec. 3004(b)(1)(A), as amended by Pub. L. 105- 206, Sec. 9009(b)(1)(A), substituted "general purpose local government that together represent" for "general local government representing". Subsec. (c)(2). Pub. L. 105-178, Sec. 3004(b)(2), substituted "Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area when designated or redesignated under this subsection shall consist of" for "In a metropolitan area designated as a transportation management area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include" and "officials of public agencies" for "officials of authorities". Subsec. (c)(3). Pub. L. 105-178, Sec. 3004(b)(3), as amended by Pub. L. 105-206, Sec. 9009(b)(1)(B), substituted "within an existing metropolitan planning area only if the chief executive officer of the State and the existing metropolitan organization determine that the size and complexity of the existing metropolitan planning area" for "in an urbanized area (as defined by the Secretary of Commerce) only if the chief executive officer decides that the size and complexity of the urbanized area". Subsec. (c)(4)(A). Pub. L. 105-178, Sec. 3004(b)(4), as added by Pub. L. 105-206, Sec. 9009(b)(1)(E), directed an amendment identical to that made by Pub. L. 105-102, Sec. 2(4)(B). See 1997 Amendment note below. Subsec. (c)(5)(A). Pub. L. 105-178, Sec. 3004(b)(5)(A), formerly Sec. 3004(b)(4)(A), as renumbered and amended by Pub. L. 105-206, Sec. 9009(b)(1)(C), (D), substituted "general purpose local government that together represent" for "general local government representing". Subsec. (c)(5)(B). Pub. L. 105-178, Sec. 3004(b)(5)(B), formerly Sec. 3004(b)(4)(B), as renumbered by Pub. L. 105-206, Sec. 9009(b)(1)(D), substituted "or cities, as defined by the Bureau of the Census)" for "as defined by the Secretary of Commerce)". Subsec. (c)(5)(D). Pub. L. 105-178, Sec. 3004(b)(5)(C), formerly Sec. 3004(b)(4)(C), as renumbered by Pub. L. 105-206, Sec. 9009(b)(1)(D), added subpar. (D). Subsec. (d). Pub. L. 105-178, Sec. 3004(c), inserted "Planning" after "Metropolitan" in subsec. heading, designated existing provisions as par. (1), inserted par. heading, realigned margins, inserted "planning" before "area" in first sentence and substituted pars. (2) to (4) for "The area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may include the Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area, as defined by the Secretary of Commerce. An area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) shall include at least the boundaries of the nonattainment area, except as the chief executive officer and metropolitan planning organization otherwise agree." Subsec. (e)(2). Pub. L. 105-178, Sec. 3004(d)(1), inserted "or compact" after "2 States making an agreement" and substituted "making the agreements and compacts effective" for "making the agreement effective". Subsec. (e)(4) to (6). Pub. L. 105-178, Sec. 3004(d)(2), as amended by Pub. L. 105-206, Sec. 9009(b)(2), added pars. (4) to (6). Subsec. (f). Pub. L. 105-178, Sec. 3004(e)(5), substituted "Developing Long-Range Transportation Plans" for "Developing Long- Range Plans" in heading. Pub. L. 105-178, Sec. 3004(e)(6), which directed substitution of "long-range transportation plans" for "long-range plans" wherever appearing, could not be executed because "long-range plans" does not appear in text. Subsec. (f)(1)(A). Pub. L. 105-178, Sec. 3004(e)(1)(A), substituted "national, regional, and metropolitan transportation functions" for "United States and regional transportation functions". Subsec. (f)(1)(B)(iii). Pub. L. 105-178, Sec. 3004(e)(1)(B), added cl. (iii) and struck out former cl. (iii) which read as follows: "recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects and programs;". Subsec. (f)(1)(C). Pub. L. 105-178, Sec. 3004(e)(1)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: "assess capital investment and other measures necessary - "(i) to ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, and operations, maintenance, modernization, and rehabilitation of existing and future mass transportation facilities; and "(ii) to use existing transportation facilities most efficiently to relieve vehicular congestion and maximize the mobility of individuals and goods; and". Subsec. (f)(1)(E). Pub. L. 105-178, Sec. 3004(f)(1), as added by Pub. L. 105-206, Sec. 9009(b)(3), added subpar. (E). Subsec. (f)(2). Pub. L. 105-178, Sec. 3004(e)(2), substituted "and any State or local goals developed within the cooperative metropolitan planning process as they relate to a 20-year forecast period and to other forecast periods as determined by the participants in the planning process" for "as they are related to a 20-year forecast period". Subsec. (f)(4). Pub. L. 105-178, Sec. 3004(e)(3), inserted "freight shippers, providers of freight transportation services," after "mass transportation authority employees," and "representatives of users of public transit," after "private providers of transportation,". Subsec. (f)(5)(A). Pub. L. 105-178, Sec. 3004(e)(4), inserted "published or otherwise" before "made readily available". Subsec. (f)(6). Pub. L. 105-178, Sec. 3004(f)(2), as added by Pub. L. 105-206, Sec. 9009(b)(3), added par. (6). Subsec. (h)(1). Pub. L. 105-178, Sec. 3029(b)(1), (2), substituted "subsection (c) or (h)(1) of section 5338 of this title" for "section 5338(g)(1) of this title" and "sections 5304 and 5305 of this title" for "sections 5304-5306 of this title". Subsec. (h)(2)(A), (3)(A). Pub. L. 105-178, Sec. 3029(b)(1), substituted "subsection (c) or (h)(1) of section 5338 of this title" for "section 5338(g)(1) of this title". Subsec. (h)(4). Pub. L. 105-178, Sec. 3029(b)(3), substituted "subsection (c) or (h)(1) of section 5338 of this title" for "section 5338(g) of this title". 1997 - Subsec. (c)(1). Pub. L. 105-102, Sec. 2(4)(A), inserted "and sections 5304-5306 of this title" after "this section". Subsec. (c)(4)(A). Pub. L. 105-102, Sec. 2(4)(B), substituted "paragraph (5)" for "paragraph (3)". Subsec. (c)(5)(A). Pub. L. 105-102, Sec. 2(4)(C), inserted "and sections 5304-5306 of this title" after "this section". 1996 - Subsec. (f)(2). Pub. L. 104-287, Sec. 5(10)(A), substituted "subsection (b)" for "subsection (e)". Subsec. (h)(4). Pub. L. 104-287, Sec. 5(10)(B), substituted "section 5338(g)" for "5338(g)(1)". 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 Section 8(1) of Pub. L. 104-287, as amended by Pub. L. 105-102, Sec. 3(d)(2)(A), Nov. 20, 1997, 111 Stat. 2215, provided that: "The amendments made by sections 3 and 5(10)-(17), (19), (20), (52), (53), (55), (61), (62), (65), (70), (77)-(79), and (91)-(93) of this Act [amending this section, sections 5307, 5309, 5315, 5317, 5323, 5325, 5327, 5336, 5338, 20301, 21301, 22106, 32702, 32705, 40109, 41109, 46301, 46306, 46316, 60114, 70102, and 70112 of this title, and section 1445 of Title 28, Judiciary and Judicial Procedure] shall take effect on July 5, 1994." SCHEDULE FOR IMPLEMENTATION Pub. L. 109-59, title III, Sec. 3005(b), Aug. 10, 2005, 119 Stat. 1559, provided that: "The Secretary [of Transportation] shall issue guidance on a schedule for implementation of the changes made by this section [amending this section], taking into consideration the established planning update cycle for States and metropolitan planning organizations. The Secretary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this section. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section." -End- -CITE- 49 USC Sec. 5304 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5304. Statewide transportation planning -STATUTE- (a) General Requirements. - (1) Development of plans and programs. - To accomplish the objectives stated in section 5303(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State, subject to section 5303. (2) Contents. - The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. (3) Process of development. - The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5303(a), and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. (b) Coordination With Metropolitan Planning; State Implementation Plan. - A State shall - (1) coordinate planning carried out under this section with the transportation planning activities carried out under section 5303 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and (2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.). (c) Interstate Agreements. - (1) In general. - The consent of Congress is granted to 2 or more States entering into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. (2) Reservation of rights. - The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. (d) Scope of Planning Process. - (1) In general. - Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will - (A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency; (B) increase the safety of the transportation system for motorized and nonmotorized users; (C) increase the security of the transportation system for motorized and nonmotorized users; (D) increase the accessibility and mobility of people and freight; (E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; (F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight; (G) promote efficient system management and operation; and (H) emphasize the preservation of the existing transportation system. (2) Failure to consider factors. - The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, the transportation improvement program, a project or strategy, or the certification of a planning process. (e) Additional Requirements. - In carrying out planning under this section, each State shall consider, at a minimum - (1) with respect to nonmetropolitan areas, the concerns of affected local officials with responsibility for transportation; (2) the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and (3) coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States. (f) Long-Range Statewide Transportation Plan. - (1) Development. - Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State. (2) Consultation with governments. - (A) Metropolitan areas. - The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303. (B) Nonmetropolitan areas. - With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in consultation with affected nonmetropolitan officials with responsibility for transportation. The Secretary shall not review or approve the consultation process in each State. (C) Indian tribal areas. - With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior. (D) Consultation, comparison, and consideration. - (i) In general. - The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation. (ii) Comparison and consideration. - Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available. (3) Participation by interested parties. - (A) In general. - In developing the statewide transportation plan, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan. (B) Methods. - In carrying out subparagraph (A), the State shall, to the maximum extent practicable - (i) hold any public meetings at convenient and accessible locations and times; (ii) employ visualization techniques to describe plans; and (iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). (4) Mitigation activities. - (A) In general. - A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan. (B) Consultation. - The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. (5) Financial plan. - The statewide transportation plan may include a financial plan that demonstrates how the adopted statewide transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (6) Selection of projects from illustrative list. - A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5). (7) Existing system. - The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system. (8) Publication of long-range transportation plans. - Each long- range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web. (g) Statewide Transportation Improvement Program. - (1) Development. - Each State shall develop a statewide transportation improvement program for all areas of the State. Such program shall cover a period of 4 years and be updated every 4 years or more frequently if the Governor elects to update more frequently. (2) Consultation with governments. - (A) Metropolitan areas. - With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303. (B) Nonmetropolitan areas. - With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation. The Secretary shall not review or approve the specific consultation process in the State. (C) Indian tribal areas. - With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior. (3) Participation by interested parties. - In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program. (4) Included projects. - (A) In general. - A transportation improvement program developed under this subsection for a State shall include federally supported surface transportation expenditures within the boundaries of the State. (B) Listing of projects. - An annual listing of projects for which funds have been obligated in the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. The listing shall be consistent with the funding categories identified in each metropolitan transportation improvement program. (C) Projects under chapter 2 of title 23. - (i) Regionally significant projects. - Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program. (ii) Other projects. - Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. (D) Consistency with statewide transportation plan. - Each project shall be - (i) consistent with the statewide transportation plan developed under this section for the State; (ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and (iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act, if the project is carried out in an area designated as nonattainment for ozone, particulate matter, or carbon monoxide under that Act. (E) Requirement of anticipated full funding. - The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. (F) Financial plan. - The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. (G) Selection of projects from illustrative list. - (i) No required selection. - Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F). (ii) Required action by the secretary. - Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program. (H) Priorities. - The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this chapter and title 23. (5) Project selection for areas of less than 50,000 population. - Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under title 23 or sections 5310, 5311, 5316, and 5317 of this title) by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation. Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under title 23 or sections 5310, 5311, 5316, and 5317 of this title shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation. (6) Transportation improvement program approval. - Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding. (7) Planning finding. - A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 5303. (8) Modifications to project priority. - Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program. (h) Funding. - Funds set aside pursuant to section 5305(g) of this title and section 104(i) of title 23 shall be available to carry out this section. (i) Treatment of Certain State Laws as Congestion Management Processes. - For purposes of this section and section 5303, and sections 134 and 135 of title 23, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 5303, and sections 134 and 135 of title 23, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section, section 5303, and sections 134 and 135 of title 23, as appropriate. (j) Continuation of Current Review Practice. - Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under such Act. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 793; Pub. L. 105-178, title III, Sec. 3005, June 9, 1998, 112 Stat. 345; Pub. L. 105-206, title IX, Sec. 9009(c)(2), July 22, 1998, 112 Stat. 854; Pub. L. 109-59, title III, Sec. 3006(a), Aug. 10, 2005, 119 Stat. 1559.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5304(a) 49 App.:1607(h)(1). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 8(h); added Nov. 6, 1978, Pub. L. 95-599, Sec. 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100-17, Sec. 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3012, 105 Stat. 2102; Oct. 6, 1992, Pub. L. 102-388, Secs. 501, 502(e), 106 Stat. 1566. 5304(b) 49 App.:1607(h)(2). 5304(c) 49 App.:1607(h)(3), (5). 5304(d) 49 App.:1607(h)(6). 5304(e) 49 App.:1607(h)(4). -------------------------------------------------------------------- In subsection (b)(1), the word "initial" is omitted as surplus. In subsection (b)(2)(C), the words "and programs" are omitted as surplus. In subsection (c)(1), the word "otherwise" is omitted as surplus. -REFTEXT- REFERENCES IN TEXT The Clean Air Act, referred to in subsecs. (b)(2) and (g)(4)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (Sec. 7401 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 7401 of Title 42 and Tables. The National Environmental Policy Act of 1969, referred to in subsec. (j), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 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 4321 of Title 42 and Tables. -MISC2- AMENDMENTS 2005 - Pub. L. 109-59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development and updating of a transportation improvement program, contents of program, selection of projects, notice and an opportunity to comment on proposed programs, and conformance of review requirements under the National Environmental Policy Act of 1969. 1998 - Subsec. (a). Pub. L. 105-178, Sec. 3005(d)(1), as added by Pub. L. 105-206, Sec. 9009(c)(2), designated existing provisions as par. (1), inserted heading, and added par. (2). Pub. L. 105-178, Sec. 3005(a), in second sentence, substituted "the metropolitan planning organization, in cooperation with the chief executive officer of the State and any affected mass transportation operator," for "the organization" and inserted "other affected employee representatives, freight shippers, providers of freight transportation services," after "transportation authority employees," and "representatives of users of public transit," after "private providers of transportation,". Subsec. (b)(2)(B). Pub. L. 105-178, Sec. 3005(d)(2)(A), as added by Pub. L. 105-206, Sec. 9009(c)(2), struck out "and" at end. Subsec. (b)(2)(C). Pub. L. 105-178, Sec. 3005(d)(2)(B), as added by Pub. L. 105-206, Sec. 9009(c)(2), which directed amendment of subpar. (C) by substituting "strategies; and" for "strategies which may include", was executed by making the substitution for "strategies, which may include" to reflect the probable intent of Congress. Remaining provisions of subpar. (C) redesignated (D). Pub. L. 105-178, Sec. 3005(b), added subpar. (C) and struck out former subpar. (C) which read as follows: "recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects." Subsec. (b)(2)(D). Pub. L. 105-178, Sec. 3005(d)(2)(B), as added by Pub. L. 105-206, Sec. 9009(c)(2), which directed amendment of subpar. (C) by substituting "strategies; and" followed by "(D) may include" for "strategies which may include", was executed by making the substitutions for "strategies, which may include" to reflect the probable intent of Congress. Subsec. (c)(1). Pub. L. 105-178, Sec. 3005(c)(1), added par. (1) and struck out former par. (1) which read as follows: "Except as provided in section 5305(d)(1) of this title, the State, in cooperation with the metropolitan planning organization, shall select projects in a metropolitan area that involve United States Government participation. Selection shall comply with the transportation improvement program for the area." Subsec. (c)(3). Pub. L. 105-178, Sec. 3005(c)(2), added par. (3). Subsec. (c)(4). Pub. L. 105-178, Sec. 3005(d)(3), as added by Pub. L. 105-206, Sec. 9009(c)(2), added par. (4) and struck out heading and text of former par. (4). Text read as follows: "Notwithstanding subsection (b)(2)(C), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subsection (b)(2)(C)." Pub. L. 105-178, Sec. 3005(c)(2), added par. (4). Subsec. (c)(5), (6). Pub. L. 105-178, Sec. 3005(c)(2), added pars. (5) and (6). 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. SCHEDULE FOR IMPLEMENTATION Pub. L. 109-59, title III, Sec. 3006(b), Aug. 10, 2005, 119 Stat. 1565, provided that: "The Secretary [of Transportation] shall issue guidance on a schedule for implementation of the changes made by this section [amending this section], taking into consideration the established planning update cycle for States and metropolitan planning organizations. The Secretary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this section. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section." -End- -CITE- 49 USC Sec. 5305 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5305. Planning programs -STATUTE- (a) State Defined. - In this section, the term "State" means a State of the United States, the District of Columbia, and Puerto Rico. (b) General Authority. - (1) Grants and agreements. - Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities, and make agreements with other departments, agencies, or instrumentalities of the Government to - (A) develop transportation plans and programs; (B) plan, engineer, design, and evaluate a public transportation project; and (C) conduct technical studies relating to public transportation. (2) Eligible activities. - Activities eligible under paragraph (1) include the following: (A) Studies related to management, planning, operations, capital requirements, and economic feasibility. (B) Evaluating previously financed projects. (C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners. (D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment. (c) Purpose. - To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 5303, 5304, and 5306 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts. (d) Metropolitan Planning Program. - (1) Apportionment to states. - (A) In general. - The Secretary shall apportion 80 percent of the amounts made available under subsection (g)(1) among the States to carry out sections 5303 and 5306 in the ratio that - (i) the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to (ii) the total population of urbanized areas in all States, as shown by that census. (B) Minimum apportionment. - Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph. (2) Allocation to mpo's. - Amounts apportioned to a State under paragraph (1) shall be made available, not later than 30 days after the date of apportionment, to metropolitan planning organizations in the State designated under this section under a formula that - (A) considers population of urbanized areas; (B) provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section; (C) the State develops in cooperation with the metropolitan planning organizations; and (D) the Secretary approves. (3) Supplemental amounts. - (A) In general. - The Secretary shall apportion 20 percent of the amounts made available under subsection (g)(1) among the States to supplement allocations made under paragraph (1) for metropolitan planning organizations. (B) Formula. - The Secretary shall apportion amounts referred to in subparagraph (A) under a formula that reflects the additional cost of carrying out planning, programming, and project selection responsibilities under sections 5303 and 5306 in certain urbanized areas. (e) State Planning and Research Program. - (1) Apportionment to states. - (A) In general. - The Secretary shall apportion the amounts made available under subsection (g)(2) among the States for grants and contracts to carry out this section and sections 5304, 5306, 5315, and 5322 in the ratio that - (i) the population of urbanized areas in each State, as shown by the latest available decennial census; bears to (ii) the population of urbanized areas in all States, as shown by that census. (B) Minimum apportionment. - Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph. (2) Supplemental amounts. - A State, as the State considers appropriate, may authorize part of the amount made available under this subsection to be used to supplement amounts made available under subsection (d). (f) Government's Share of Costs. - The Government's share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government not to require a State or local match. (g) Allocation of Funds. - Of the funds made available by or appropriated to carry out this section under section 5338(c) for fiscal years 2005 through 2009 - (1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and (2) 17.28 percent shall be available to carry out subsection (e). (h) Availability of Funds. - Funds apportioned under this section to a State that have not been obligated in the 3-year period beginning after the last day of the fiscal year for which the funds are authorized shall be reapportioned among the States. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 794; Pub. L. 105-178, title III, Sec. 3006, June 9, 1998, 112 Stat. 346; Pub. L. 105-206, title IX, Sec. 9009(d), July 22, 1998, 112 Stat. 854; Pub. L. 109-59, title III, Sec. 3007(a), Aug. 10, 2005, 119 Stat. 1566.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5305(a)-(e) 49 App.:1607(i). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 8(i); added Nov. 6, 1978, Pub. L. 95-599, Sec. 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100-17, Sec. 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3012, 105 Stat. 2103; Oct. 6, 1992, Pub. L. 102-388, Sec. 502(f), 106 Stat. 1566. 5305(f) 49 App.:1607(l). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 8(j), (l); added Nov. 6, 1978, Pub. L. 95-599, Sec. 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100-17, Sec. 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3012, 105 Stat. 2104. 5305(g) 49 App.:1607(j). -------------------------------------------------------------------- In subsection (c), the words "title 23" are substituted for "this title" for consistency in this chapter and to reflect the apparent intent of Congress. The word "appropriate" is omitted as surplus. In subsection (e)(2), the words "under the formula program" are omitted as surplus. In subsections (f) and (g), the word "area" is added for clarity and consistency with 42:7501(2). In subsection (f), the words "Notwithstanding any other provisions of this chapter or title 23, United States Code" are omitted as surplus. AMENDMENTS 2005 - Pub. L. 109-59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of areas as transportation management areas and plans and programs in an area. 1998 - Subsec. (a)(2). Pub. L. 105-178, Sec. 3006(a), added par. (2) and struck out former par. (2) which read as follows: "any other area, including the Lake Tahoe Basin as defined in the Act of December 19, 1980 (Public Law 96-551, 94 Stat. 3233), when requested by the chief executive officer and the metropolitan organization designated for the area or the affected local officials." Subsec. (b). Pub. L. 105-178, Sec. 3006(b), inserted "affected" before "mass transportation operators". Subsec. (c). Pub. L. 105-178, Sec. 3006(c), struck out at end "The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306." Subsec. (d)(1). Pub. L. 105-178, Sec. 3006(d), as amended by Pub. L. 105-206, Sec. 9009(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "(1)(A) In consultation with the State, the metropolitan planning organization designated for a transportation management area shall select the projects to be carried out in the area with United States Government participation under this chapter or title 23, except projects of the National Highway System or under the Bridge and Interstate Maintenance programs. "(B) In cooperation with the metropolitan planning organization designated for a transportation management area, the State shall select the projects to be carried out in the area of the National Highway System or under the Bridge and Interstate Maintenance programs." Subsec. (e)(2). Pub. L. 105-178, Sec. 3006(e)(1), added par. (2) and struck out former par. (2) which read as follows: "If the Secretary does not certify before October 1, 1993, that a metropolitan planning organization is carrying out its responsibilities, the Secretary may withhold any part of the apportionment under section 104(b)(3) of title 23 attributed to the relevant metropolitan area under section 133(d)(3) of title 23 and capital amounts apportioned under section 5336 of this title. If an organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of that apportionment and capital amounts shall be withheld. The withheld apportionments shall be restored when the Secretary certifies the organization." Subsec. (e)(4). Pub. L. 105-178, Sec. 3006(e)(2), added par. (4). Subsec. (h). Pub. L. 105-178, Sec. 3006(f), added subsec. (h). 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. -End- -CITE- 49 USC Sec. 5306 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5306. Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations -STATUTE- (a) Private Enterprise Participation. - A plan or program required by section 5303, 5304, or 5305 of this title shall encourage to the maximum extent feasible, as determined by local policies, criteria, and decisionmaking, the participation of private enterprise. If equipment or a facility already being used in an urban area is to be acquired under this chapter, the program shall provide that it be improved so that it will better serve the transportation needs of the area. (b) Relationship to Other Limitations. - Sections 5303-5305 of this title do not authorize - (1) a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter or title 23; and (2) intervention in the management of a transportation authority. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 795; Pub. L. 109-59, title III, Sec. 3008, Aug. 10, 2005, 119 Stat. 1568.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5306(a) 49 App.:1607(o). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 8(o); added Nov. 6, 1978, Pub. L. 95-599, Sec. 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100-17, Sec. 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3012, 105 Stat. 2105. 5306(b) 49 App.:1607(m). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 8(m); added Nov. 6, 1978, Pub. L. 95-599, Sec. 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100-17, Sec. 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102-388, Sec. 502(g), 106 Stat. 1566. -------------------------------------------------------------------- In subsection (a), the words "(through modernization, extension, addition, or otherwise)" are omitted as surplus. AMENDMENTS 2005 - Subsec. (a). Pub. L. 109-59 inserted ", as determined by local policies, criteria, and decisionmaking," after "feasible". -End- -CITE- 49 USC Sec. 5307 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5307. Urbanized area formula grants -STATUTE- (a) Definitions. - In this section, the following definitions apply: (1) Associated capital maintenance items. - The term "associated capital maintenance items" means - (A) 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; and (B) 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. (2) Designated recipient. - The term "designated recipient" means - (A) an entity designated, in accordance with the planning process under sections 5303, 5304, and 5306, by the chief executive officer of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 that are attributable to transportation management areas identified under section 5303; 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 public transportation. (b) General Authority. - (1) Grants. - The Secretary may make grants under this section for - (A) capital projects and associated capital maintenance items; (B) planning; (C) transit enhancements; (D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of less than 200,000; (E) operating costs of equipment and facilities for use in public transportation in a portion or portions of an urbanized area with a population of at least 200,000, but not more than 225,000, if - (i) the urbanized area includes parts of more than one State; (ii) the portion of the urbanized area includes only one State; (iii) the population of the portion of the urbanized area is less than 30,000; and (iv) the grants will not be used to provide public transportation outside of the portion of the urbanized area; and (F) operating costs of equipment and facilities for use in public transportation for local governmental authorities in areas which adopted transit operating and financing plans that became a part of the Houston, Texas, urbanized area as a result of the 2000 decennial census of population, but lie outside the service area of the principal public transportation agency that serves the Houston urbanized area. (2) Special rule for fiscal years 2005 through 2007. - (A) Increased flexibility. - The Secretary may award grants under this section, from funds made available to carry out this section for each of the fiscal years 2005 through 2007, 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 by the 2000 decennial census of population, if - (i) the urbanized area had a population of less than 200,000, as determined by the 1990 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 by the 1990 decennial census of population; (iii) the area was not designated as an urbanized area, as determined by the 1990 decennial census of population; or (iv) a portion of the area was not designated as an urbanized area, as determined by the 1990 decennial census, and received assistance under section 5311 in fiscal year 2002. (B) Maximum amounts in fiscal year 2005. - In fiscal year 2005 - (i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not 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 decennial census of population; (ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than the amount apportioned to the urbanized area under this section for fiscal year 2003; and (iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than the amount the portion of the area received under section 5311 for fiscal year 2002. (C) Maximum amounts in fiscal year 2006. - In fiscal year 2006 - (i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population; (ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and (iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 for fiscal year 2002. (D) Maximum amounts in fiscal year 2007. - In fiscal year 2007 - (i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 25 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population; (ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 25 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and (iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 25 percent of 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,(!1) 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 public 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. (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 public 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, including safety and security aspects of 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; (iii) will comply with applicable Buy America laws in carrying out a procurement; and (iv) will comply with sections 5323 and 5325; (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 section 5301(a), section 5301(d), and sections 5303 through 5306; (I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; (J)(i) will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public 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 public 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 (K) in the case of a recipient for an urbanized area with a population of at least 200,000 - (i) will expend not less than 1 percent of the amount the recipient receives each fiscal year under this section for transit enhancements, as defined in section 5302(a); and (ii) will submit an annual report listing projects carried out in the preceding fiscal year with those funds; and (2) the Secretary accepts the certification. (e) Government's Share of Costs. - (1) Capital projects. - A grant for a capital project (including associated capital maintenance items) under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts. (2) Operating expenses. - A grant for operating expenses under this section may not exceed 50 percent of the net project cost of the project. (3) Remaining costs. - Subject to paragraph (4), the remainder of the net project cost shall be provided - (A) in cash from non-Government sources other than revenues from providing public transportation services; (B) from revenues derived from the sale of advertising and concessions; (C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; and (D) from amounts received under a service agreement with a State or local social service agency or private social service organization. (4) Use of certain funds. - The prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to the remainder. (f) Statewide Operating Assistance. - (1) A State authority that is a designated recipient and providing public 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. (h) 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. (i) 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. (j) 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. (k) Relationship to Other Laws. - (1) Applicable provisions. - Sections 5301, 5302, 5303, 5304, 5306, 5315(c), 5318, 5319, 5323, 5325, 5327, 5329, 5330, 5331, 5332, 5333, and 5335 apply to this section and to any grant made under this section. (2) Inapplicable provisions. - (A) In general. - Except as provided by this section, no other provision of this chapter applies to this section or to a grant made under this section. (B) Title 5. - The provision of assistance under this chapter shall not be construed as bringing within the application of chapter 15 of title 5 any nonsupervisory employee of a public transportation system (or any other agency or entity performing related functions) to which such chapter is otherwise inapplicable. (l) Treatment. - For the purposes of this section, the United States Virgin Islands shall be treated as an urbanized area, as defined in section 5302. -SOURCE- (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; Pub. L. 108-202, Sec. 9(n), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108-224, Sec. 7(n), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108-263, Sec. 7(n), June 30, 2004, 118 Stat. 708; Pub. L. 108-280, Sec. 7(n), July 30, 2004, 118 Stat. 885; Pub. L. 108-310, Sec. 8(n), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109-14, Sec. 7(m), May 31, 2005, 119 Stat. 333; Pub. L. 109-20, Sec. 7(m), July 1, 2005, 119 Stat. 355; Pub. L. 109-35, Sec. 7(m), July 20, 2005, 119 Stat. 389; Pub. L. 109-37, Sec. 7(m), July 22, 2005, 119 Stat. 404; Pub. L. 109-40, Sec. 7(m), July 28, 2005, 119 Stat. 420; Pub. L. 109-59, title III, Secs. 3002(b)(4), 3009(a)-(h), Aug. 10, 2005, 119 Stat. 1545, 1568-1571.) -MISC1- HISTORICAL AND REVISION NOTES PUB. L. 103-272 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5307(a)(1) 49 App.:1607a(j)(1) July 9, 1964, Pub. L. (last sentence). 88-365, 78 Stat. 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) July 9, 1964, Pub. L. (1st sentence). 88-365, 78 Stat. 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) July 9, 1964, Pub. L. (2d sentence). 88-365, 78 Stat. 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) July 9, 1964, Pub. L. (3d, 4th sentences). 88-365, 78 Stat. 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) July 9, 1964, Pub. L. (1st, last 88-365, 78 Stat. 302, Sec. sentences). 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 Nov. 21, 1989, Pub. L. (note). 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. -REFTEXT- REFERENCES IN TEXT Section 5305 of this title, referred to in subsec. (b)(3), was amended generally by Pub. L. 109-59, title III, Sec. 3007(a), Aug. 10, 2005, 119 Stat. 1566, and as so amended, subsec. (a) of that section no longer relates to designation of transportation management areas. 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. -MISC2- AMENDMENTS 2005 - Subsec. (a)(1). Pub. L. 109-59, Sec. 3009(b)(1), substituted "means - " for "means", designated part of existing provisions as subpar. (A), and added subpar. (B). Subsec. (a)(2)(A). Pub. L. 109-59, Sec. 3009(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "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". Subsec. (a)(2)(B). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (b)(1). Pub. L. 109-59, Sec. 3009(c)(1), added par. (1) and struck out former par. (1) which read as follows: "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." Subsec. (b)(2). Pub. L. 109-59, Sec. 3009(c)(2), added par. (2) and struck out former par. (2) which related to special rule for fiscal years 2003 and 2004 and for the period of Oct. 1, 2004, through July 30, 2005. Pub. L. 109-40, Sec. 7(m)(1), substituted "july 30, 2005" for "july 27, 2005" in heading. Pub. L. 109-37, Sec. 7(m)(1), substituted "july 27, 2005" for "july 21, 2005" in heading. Pub. L. 109-35, Sec. 7(m)(1), substituted "july 21, 2005" for "july 19, 2005" in heading. Pub. L. 109-20, Sec. 7(m)(1), substituted "july 19, 2005" for "june 30, 2005" in heading. Pub. L. 109-14, Sec. 7(m)(1), substituted "june 30, 2005" for "may 31, 2005" in heading. Subsec. (b)(2)(A). Pub. L. 109-40, Sec. 7(m)(2), substituted "July 30, 2005" for "July 27, 2005" in introductory provisions. Pub. L. 109-37, Sec. 7(m)(2), substituted "July 27, 2005" for "July 21, 2005" in introductory provisions. Pub. L. 109-35, Sec. 7(m)(2), substituted "July 21, 2005" for "July 19, 2005" in introductory provisions. Pub. L. 109-20, Sec. 7(m)(2), substituted "July 19, 2005" for "June 30, 2005" in introductory provisions. Pub. L. 109-14, Sec. 7(m)(2), substituted "June 30, 2005" for "May 31, 2005" in introductory provisions. Subsec. (b)(3)(A). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (b)(4). Pub. L. 109-59, Sec. 3009(c)(3), struck out par. (4) which read as follows: "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." Subsec. (c)(5). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (d)(1)(A). Pub. L. 109-59, Sec. 3009(d)(1), inserted ", including safety and security aspects of the program" before semicolon at end. Subsec. (d)(1)(E)(iv). Pub. L. 109-59, Sec. 3009(d)(2), added cl. (iv). Subsec. (d)(1)(H). Pub. L. 109-59, Sec. 3009(d)(3), substituted "section 5301(a), section 5301(d), and sections 5303 through 5306" for "sections 5301(a) and (d), 5303-5306, and 5310(a)-(d) of this title". Subsec. (d)(1)(J)(i). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing. Subsec. (d)(1)(K). Pub. L. 109-59, Sec. 3009(d)(4), (5), added subpar. (K). Subsec. (e). Pub. L. 109-59, Sec. 3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, text read as follows: "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." Subsec. (f)(1). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (g)(4). Pub. L. 109-59, Sec. 3009(f), struck out par. (4) which read as follows: "The Secretary shall consider changes in capital project cost indices when determining the estimated cost under paragraph (3) of this subsection." Subsecs. (h), (i). Pub. L. 109-59, Sec. 3009(a), redesignated subsecs. (i) and (l) as (h) and (i), respectively, and struck out heading and text of former subsec. (h). Text read as follows: "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." Subsec. (j). Pub. L. 109-59, Sec. 3009(a), redesignated subsec. (m) as (j) and struck out heading and text of former subsec. (j). Text read as follows: "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." Subsec. (k). Pub. L. 109-59, Sec. 3009(g), reenacted heading without change and amended text of subsec. (k) generally. Prior to amendment, text read as follows: "(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. 109-59, Sec. 3009(a), redesignated subsec. (n) as (k) and struck out heading and text of former subsec. (k). Text read as follows: "(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." Subsec. (l). Pub. L. 109-59, Sec. 3009(h), added subsec. (l). Pub. L. 109-59, Sec. 3009(a)(2), redesignated subsec. (l) as (i). Subsecs. (m), (n). Pub. L. 109-59, Sec. 3009(a)(2), redesignated subsecs. (m) and (n) as (j) and (k), respectively. 2004 - Subsec. (b)(2). Pub. L. 108-310 inserted "and for the period of october 1, 2004, through may 31, 2005" after "2004" in heading and directed the insertion of "and for the period of October 1, 2004, through May 31, 2005" after "2004," in subpar. (A), which was executed by making the insertion after "2004" in introductory provisions of subpar. (A), to reflect the probable intent of Congress. Pub. L. 108-280 substituted "fiscal years 2003 and 2004" for "fiscal year 2003 and for the period of october 1, 2003, through july 31, 2004" in heading and "fiscal years 2003 and 2004" for "fiscal year 2003, and for the period of October 1, 2003, through July 31, 2004" in introductory provisions of subpar. (A). Pub. L. 108-263 substituted "july 31, 2004" for "june 30, 2004" in heading and "July 31, 2004" for "June 30, 2004" in introductory provisions of subpar. (A). Pub. L. 108-224 substituted "june 30, 2004" for "april 30, 2004" in heading and "June 30, 2004" for "April 30, 2004" in introductory provisions of subpar. (A). Pub. L. 108-202 substituted "april 30, 2004" for "february 29, 2004" in heading and "April 30, 2004" for "February 29, 2004" in introductory provisions of subpar. (A). 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. PILOT PROGRAM FOR COOPERATIVE PROCUREMENT OF MAJOR CAPITAL EQUIPMENT Pub. L. 108-447, div. H, title I, Sec. 167, Dec. 8, 2004, 118 Stat. 3228, provided that: "The Secretary shall continue the pilot program authorized under section 166 of the Consolidated Appropriations Act, 2004, Public Law 108-199; 118 Stat. 309 [set out below], for cooperative procurement of major capital equipment under sections 5307, 5309, and 5311 [of title 49, United States Code]. The program shall be administered as required under subsections (b) through (g) of section 166, except that there shall be five pilot projects: Provided, That the Secretary shall evaluate all proposals based on selection criteria set forth in the announcement of the program and request for proposals (Federal Register Notice - Vol. 69, No. 120, Page 35127, June 23, 2004). All proposed projects shall be evaluated and the proposing party shall receive notification of acceptance or denial by no later than 90 days after the Secretary receives a request for review of a proposed project: Provided further, That not later than 30 days after delivery of the base order under each of the five pilot projects, the Secretary shall submit to the House and Senate Committees on Appropriations a report on the results of that pilot project. Each report shall evaluate any savings realized through the cooperative procurement and the benefits of incorporating cooperative procurement, as shown by that project, into the mass transit program as a whole." Pub. L. 108-199, div. F, title I, Sec. 166, Jan. 23, 2004, 118 Stat. 309, provided that: "(a) In General. - The Secretary shall establish a pilot program to determine the benefits of encouraging cooperative procurement of major capital equipment under sections 5307, 5309, and 5311 [of title 49, United States Code]. The program shall consist of three pilot projects. Cooperative procurements in these projects may be carried out by grantees, consortiums of grantees, or members of the private sector acting as agents of grantees. "(b) Federal Share. - Notwithstanding any other provision of law, the Federal share for a grant under this pilot program shall be 90 percent of the net project cost. "(c) Permissible Activities. - "(1) Developing specifications. - Cooperative specifications may be developed either by the grantees or their agents. "(2) Requests for proposals. - To the extent permissible under State and local law, cooperative procurements under this section may be carried out, either by the grantees or their agents, by issuing one request for proposal for each cooperative procurement, covering all agencies that are participating in the procurement. "(3) Best and final offers. - The cost of evaluating best and final offers either by the grantees or their agents, is an eligible expense under this program. "(d) Technology. - To the extent feasible, cooperative procurements under this section shall maximize use of Internet- based software technology designed specifically for transit buses and other major capital equipment to develop specifications; aggregate equipment requirements with other transit agencies; generate cooperative request for proposal packages; create cooperative specifications; and automate the request for approved equals process. "(e) Eligible Expenses. - The cost of the permissible activities under (c) and procurement under (d) are eligible expenses under the pilot program. "(f) Proportionate Contributions. - Cooperating agencies may contribute proportionately to the non-Federal share of any of the eligible expenses under (e). "(g) Outreach. - The Secretary shall conduct outreach on cooperative procurement. Under this program the Secretary shall: (1) offer technical assistance to transit agencies to facilitate the use of cooperative procurement of major capital equipment; and (2) conduct seminars and conferences for grantees, nationwide, on the concept of cooperative procurement of major capital equipment. "(h) Report. - Not later than 30 days after delivery of the base order under each of the pilot projects, the Secretary shall submit to the House and Senate Committees on Appropriations a report on the results of that pilot project. Each report shall evaluate any savings realized through the cooperative procurement and the benefits of incorporating cooperative procurement, as shown by that project, into the mass transit program as a whole." LOCAL SHARE Pub. L. 105-178, title III, Sec. 3011, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 108-202, Sec. 9(u), Feb. 29, 2004, 118 Stat. 489; Pub. L. 108-224, Sec. 7(u), Apr. 30, 2004, 118 Stat. 637; Pub. L. 108-263, Sec. 7(u), June 30, 2004, 118 Stat. 708; Pub. L. 108-280, Sec. 7(u), July 30, 2004, 118 Stat. 886; Pub. L. 108- 310, Sec. 8(u), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109-14, Sec. 7(t), May 31, 2005, 119 Stat. 334; Pub. L. 109-20, Sec. 7(s), July 1, 2005, 119 Stat. 356; Pub. L. 109-35, Sec. 7(s), July 20, 2005, 119 Stat. 389; Pub. L. 109-37, Sec. 7(s), July 22, 2005, 119 Stat. 404; Pub. L. 109-40, Sec. 7(s), July 28, 2005, 119 Stat. 421, provided that: "(a) In General. - Notwithstanding any other provision of law, for fiscal years 1999 through 2004 and for the period of October 1, 2004, through July 30, 2005, 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; Pub. L. 108-199, div. F, title I, Sec. 176, Jan. 23, 2004, 118 Stat. 311, 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." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 49 USC Sec. 5308 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5308. Clean fuels grant program -STATUTE- (a) Definitions. - In this section, the following definitions apply: (1) Clean fuel bus. - The term "clean fuel bus" means a passenger vehicle used to provide public transportation that - (A) is powered by - (i) compressed natural gas; (ii) liquefied natural gas; (iii) biodiesel fuels; (iv) batteries; (v) alcohol-based fuels; (vi) hybrid electric; (vii) fuel cell; (viii) clean diesel, to the extent allowed under this section; or (ix) other low or zero emissions technology; and (B) the Administrator of the Environmental Protection Agency has certified sufficiently reduces harmful emissions. (2) Eligible project. - The term "eligible project" - (A) means a project in a nonattainment or maintenance area described in paragraph (4)(A) for - (i) purchasing or leasing clean fuel buses, including buses that employ a lightweight composite primary structure; (ii) constructing or leasing clean fuel buses or electrical recharging facilities and related equipment for such buses; or (iii) constructing new or improving existing public transportation facilities to accommodate clean fuel buses; and (B) at the discretion of the Secretary, may include a project located in a nonattainment or maintenance area described in paragraph (4)(A) relating to clean fuel, biodiesel, hybrid electric, or zero emissions technology buses that exhibit equivalent or superior emissions reductions to existing clean fuel or hybrid electric technologies. (3) Maintenance area. - The term "maintenance area" has the meaning such term has under section 101 of title 23. (4) Recipient. - (A) In general. - The term "recipient" means a designated recipient (as defined in section 5307(a)(2)) for an area that, and a recipient for an urbanized area with a population of less than 200,000 that - (i) is designated as a nonattainment area for ozone or carbon monoxide under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or (ii) is a maintenance area for ozone or carbon monoxide. (B) Smaller urbanized areas. - In the case of an urbanized area with a population of less than 200,000, the State in which the area is located shall act as the recipient for the area under this section. (b) Authority. - The Secretary shall make grants in accordance with this section to recipients to finance eligible projects. (c) Clean Diesel Buses. - Not more than 25 percent of the amount made available by or appropriated under section 5338 in each fiscal year to carry out this section may be made available to fund clean diesel buses. (d) Grant Requirements. - (1) In general. - A grant under this section shall be subject to the requirements of section 5307. (2) Government's share of costs for certain projects. - Section 5323(i) applies to projects carried out under this section. (e) Availability of Funds. - Any amount made available or appropriated under this section - (1) shall remain available to a project for 2 years after the fiscal year for which the amount is made available or appropriated; and (2) that remains unobligated at the end of the period described in paragraph (1) shall be added to the amount made available in the following fiscal year. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 800; Pub. L. 105-178, title III, Sec. 3008(a), (c), June 9, 1998, 112 Stat. 348; Pub. L. 105-206, title IX, Sec. 9009(f), July 22, 1998, 112 Stat. 855; Pub. L. 109-59, title III, Sec. 3010(a), Aug. 10, 2005, 119 Stat. 1572.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5308(a) 49 App.:1607a-2(b) July 9, 1964, Pub. L. (words before "and 88-365, 78 Stat. 302, Sec. shall be subject 9B(a), (b); added Apr. 2, to"). 1987, Pub. L. 100-17, Sec. 313, 101 Stat. 229. 5308(b)(1) 49 App.:1607a-2(a). 5308(b)(2) 49 App.:1607a-2(b) (words after "maintenance items)"). -------------------------------------------------------------------- In subsection (a), the words "The Secretary of Transportation may make" are added for clarity and consistency in this chapter. The words "the purpose of" are omitted as surplus. In subsection (b)(1), the cross-reference to 49 App.:1617(b) and (c) is corrected because it no longer is correct because of the restatement of 49 App.:1617 by section 3025 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 2112), restated as section 5338 of the revised title. In subsection (b)(2), the words "the limitations contained in" and "applicable to such projects" are omitted as surplus. AMENDMENTS 2005 - Pub. L. 109-59 substituted "grant program" for "formula grant program" in section catchline and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (g) relating to definitions, authority of Secretary, application for grants, apportionment of funds, additional requirements, and availability of funds. 1998 - Pub. L. 105-178, Sec. 3008(a), amended section catchline and text generally. Prior to amendment, text read as follows: "(a) General Authority. - The Secretary of Transportation may make grants under this section to be used only for capital projects (including capital maintenance items). "(b) Application of Other Sections. - (1) Sections 5307(a)-(d), (h)-(l), and (n) and 5336(a)-(c), (f), (g), and (j) of this title apply to amounts made available under section 5338(a) of this title to carry out this section. "(2) Sections 5307(e) and 5336(d) of this title apply to grants under this section." Subsec. (e)(2). Pub. L. 105-178, Sec. 3008(c), as added by Pub. L. 105-206, substituted "35 percent" for "$50,000,000". 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. NATIONAL FUEL CELL BUS TECHNOLOGY DEVELOPMENT PROGRAM Pub. L. 109-59, title III, Sec. 3045, Aug. 10, 2005, 119 Stat. 1705, provided that: "(a) Establishment. - The Secretary [of Transportation] shall establish a national fuel cell bus technology development program (in this section referred to as the 'program') to facilitate the development of commercially viable fuel cell bus technology and related infrastructure. "(b) General Authority. - The Secretary may enter into grants, contracts, and cooperative agreements with no more than 3 geographically diverse nonprofit organizations and recipients under chapter 53 of title 49, United States Code, to conduct fuel cell bus technology and infrastructure projects under the program. "(c) Grant Criteria. - In selecting applicants for grants under the program, the Secretary shall consider the applicant's - "(1) ability to contribute significantly to furthering fuel cell technology as it relates to transit bus operations, including hydrogen production, energy storage, fuel cell technologies, vehicle systems integration, and power electronics technologies; "(2) financing plan and cost share potential; "(3) fuel cell technology to ensure that the program advances different fuel cell technologies, including hydrogen-fueled and methanol-powered liquid-fueled fuel cell technologies, that may be viable for public transportation systems; and "(4) other criteria that the Secretary determines are necessary to carry out the program. "(d) Competitive Grant Selection. - The Secretary shall conduct a national solicitation for applications for grants under the program. Grant recipients shall be selected on a competitive basis. The Secretary shall give priority consideration to applicants that have successfully managed advanced transportation technology projects, including projects related to hydrogen and fuel cell public transportation operations for a period of not less than 5 years. "(e) Federal Share. - The Federal share of costs of the program shall be provided from funds made available to carry out this section. The Federal share of the cost of a project carried out under the program shall not exceed 50 percent of such cost. "(f) Grant Requirements. - A grant under this section shall be subject to - "(1) all terms and conditions applicable to a grant made under section 5309 of title 49, United States Code; and "(2) such other terms and conditions as are determined by the Secretary." CLEAN FUEL VEHICLES Pub. L. 105-178, title III, Sec. 3036, June 9, 1998, 112 Stat. 387, provided that: "(a) Study. - The Comptroller General shall conduct a study of the various low and zero emission fuel technologies for transit vehicles, including compressed natural gas, liquefied natural gas, biodiesel fuel, battery, alcohol based fuel, hybrid electric, fuel cell, and clean diesel to determine - "(1) the status of the development and use of such technologies; "(2) the environmental benefits of such technologies under the Clean Air Act [42 U.S.C. 7401 et seq.]; and "(3) the cost of such technologies and any associated equipment. "(b) Report. - Not later than January 1, 2000, the Comptroller General shall transmit 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 results of the study, together with recommendations for incentives to encourage the use of low and zero emission fuel technology for transit vehicles." -End- -CITE- 49 USC Sec. 5309 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5309. Capital investment grants -STATUTE- (a) Definitions. - In this section, the following definitions apply: (1) Alternatives analysis. - The term "alternatives analysis" means a study conducted as part of the transportation planning process required under sections 5303 and 5304, which includes - (A) an assessment of a wide range of public transportation alternatives designed to address a transportation problem in a corridor or subarea; (B) sufficient information to enable the Secretary to make the findings of project justification and local financial commitment required under this section; (C) the selection of a locally preferred alternative; and (D) the adoption of the locally preferred alternative as part of the long-range transportation plan required under section 5303. (2) Major new fixed guideway capital project. - The term "major new fixed guideway capital project" means a new fixed guideway capital project for which the Federal assistance provided or to be provided under this section is $75,000,000 or more. (3) New fixed guideway capital project. - The term "new fixed guideway capital project" means a minimum operable segment of a capital project for a new fixed guideway system or extension to an existing fixed guideway system. (b) General Authority. - The Secretary may make grants under this section to assist State and local governmental authorities in financing - (1) new fixed guideway capital projects under subsections (d) and (e), including the acquisition of real property, the initial acquisition of rolling stock for the systems, the acquisition of rights-of-way, and relocation, for fixed guideway corridor development for projects in the advanced stages of alternatives analysis or preliminary engineering; (2) capital projects to modernize existing fixed guideway systems; (3) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities, including programs of bus and bus-related projects for assistance to subrecipients that are public agencies, private companies engaged in public transportation, or private nonprofit organizations; and (4) the development of corridors to support new fixed guideway capital projects under subsections (d) and (e), including protecting rights-of-way through acquisition, construction of dedicated bus and high occupancy vehicle lanes and park and ride lots, and other nonvehicular capital improvements that the Secretary may decide would result in increased public transportation usage in the corridor. (c) Grant Requirements. - (1) In general. - The Secretary may not approve a grant for a project under this section unless the Secretary determines that - (A) the project is part of an approved transportation plan and program of projects required under sections 5303, 5304, and 5306; and (B) the applicant has, or will have - (i) the legal, financial, and technical capacity to carry out the project, including safety and security aspects of the project; (ii) satisfactory continuing control over the use of the equipment or facilities; and (iii) the capability and willingness to maintain the equipment or facilities. (2) Certification. - An applicant that has submitted the certifications required under subparagraphs (A), (B), (C), and (H) of section 5307(d)(1) shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this subsection. (3) Grantee requirements. - The Secretary shall require that any grant awarded under this section to a recipient be subject to all terms, conditions, requirements, and provisions that the Secretary determines to be necessary or appropriate for the purposes of this section, including requirements for the disposition of net increases in the value of real property resulting from the project assisted under this section. (d) Major Capital Investment Grants of $75,000,000 or More. - (1) Full funding grant agreement. - (A) In general. - A major new fixed guideway capital project shall be carried out through a full funding grant agreement. (B) Criteria. - The Secretary shall enter into a full funding grant agreement, based on the evaluations and ratings required under this subsection, with each grantee receiving assistance for a major new fixed guideway capital project that - (i) is authorized for final design and construction; and (ii) has been rated as medium, medium-high, or high, in accordance with paragraph (5)(B). (2) Approval of grants. - The Secretary may approve a grant under this section for a major new fixed guideway capital project only if the Secretary, based upon evaluations and considerations set forth in paragraph (3), determines that the project is - (A) based on the results of an alternatives analysis and preliminary engineering; (B) justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, operating efficiencies, economic development effects, and public transportation supportive land use policies and future patterns; and (C) supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources) to construct, maintain, and operate the system or extension, and maintain and operate the entire public transportation system without requiring a reduction in existing public transportation services or level of service to operate the proposed project. (3) Evaluation of project justification. - In making the determinations under paragraph (2)(B) for a major capital investment grant, the Secretary shall analyze, evaluate, and consider - (A) the results of the alternatives analysis and preliminary engineering for the proposed project; (B) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient; (C) the direct and indirect costs of relevant alternatives; (D) factors such as - (i) congestion relief; (ii) improved mobility; (iii) air pollution; (iv) noise pollution; (v) energy consumption; and (vi) all associated ancillary and mitigation costs necessary to carry out each alternative analyzed; (E) reductions in local infrastructure costs and other benefits achieved through compact land use development, such as positive impacts on the capacity, utilization, or longevity of other surface transportation assets and facilities; (F) the cost of suburban sprawl; (G) the degree to which the project increases the mobility of the public transportation dependent population or promotes economic development; (H) population density and current transit ridership in the transportation corridor; (I) the technical capability of the grant recipient to construct the project; (J) any adjustment to the project justification necessary to reflect differences in local land, construction, and operating costs; and (K) other factors that the Secretary determines to be appropriate to carry out this subsection. (4) Evaluation of local financial commitment. - (A) In general. - In evaluating a project under paragraph (2)(C), the Secretary shall require that - (i) the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases; (ii) each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and (iii) local resources are available to recapitalize and operate the overall proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the proposed project. (B) Evaluation criteria. - In assessing the stability, reliability, and availability of proposed sources of local financing under paragraph (2)(C), the Secretary shall consider - (i) the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient; (ii) existing grant commitments; (iii) the degree to which financing sources are dedicated to the proposed purposes; (iv) any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose; and (v) the extent to which the project has a local financial commitment that exceeds the required non-Federal share of the cost of the project. (C) Consideration of fiscal capacity of state and local governments. - If the Secretary gives priority to financing projects under this subsection that include more than the non- Federal share required under subsection (h), the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments. (5) Project advancement and ratings. - (A) Project advancement. - A proposed project under this subsection shall not advance from alternatives analysis to preliminary engineering or from preliminary engineering to final design and construction unless the Secretary determines that the project meets the requirements of this section and there is a reasonable likelihood that the project will continue to meet such requirements. (B) Ratings. - In making a determination under subparagraph (A), the Secretary shall evaluate and rate the project on a 5- point scale (high, medium-high, medium, medium-low, or low) based on the results of the alternatives analysis, the project justification criteria, and the degree of local financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established by regulation. (6) Policy guidance. - (A) Publication. - The Secretary shall publish policy guidance regarding the new fixed guideway capital project review and evaluation process and criteria - (i) not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2005; and (ii) each time significant changes are made by the Secretary to the process and criteria, but not less frequently than once every 2 years. (B) Public comment and response. - The Secretary shall - (i) invite public comment to the policy guidance published under subparagraph (A); and (ii) publish a response to the comments received under clause (i). (e) Capital Investment Grants Less Than $75,000,000. - (1) In general. - (A) Applicability of requirements. - Except as provided by subparagraph (B), a new fixed guideway capital project shall be subject to the requirements of this subsection if the Federal assistance provided or to be provided under this section for the project is less than $75,000,000 and the total estimated net capital cost of the project is less than $250,000,000. (B) Projects receiving less than $25,000,000 in federal assistance. - If the assistance provided under this section with respect to a new fixed guideway capital project is less than $25,000,000, the requirements of this subsection shall not apply to the project until such date as the final regulation to be issued under paragraph (9) takes effect. (2) Selection criteria. - The Secretary may provide Federal assistance under this subsection with respect to a proposed project only if the Secretary finds that the project is - (A) based on the results of planning and alternatives analysis; (B) justified based on a review of its public transportation supportive land use policies, cost effectiveness, and effect on local economic development; and (C) supported by an acceptable degree of local financial commitment. (3) Planning and alternatives. - In evaluating a project under paragraph (2)(A), the Secretary shall analyze and consider the results of planning and alternatives analysis for the project. (4) Project justification. - For purposes of making the finding under paragraph (2)(B), the Secretary shall - (A) determine the degree to which the project is consistent with local land use policies and is likely to achieve local developmental goals; (B) determine the cost effectiveness of the project at the time of the initiation of revenue service; (C) determine the degree to which the project will have a positive effect on local economic development; (D) consider the reliability of the forecasting methods used to estimate costs and ridership associated with the project; and (E) consider other factors that the Secretary determines appropriate to carry out this subsection. (5) Local financial commitment. - (A) In general. - For purposes of paragraph (2)(C), the Secretary shall require that each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable. (B) Consideration of fiscal capacity of state and local governments. - If the Secretary gives priority to financing projects under this subsection that include more than the non- Federal share required under subsection (h), the Secretary shall give equal consideration to differences in the fiscal capacity of State and local governments. (6) Advancement of project to development and construction. - (A) General rule. - A proposed project under this subsection may advance from planning and alternatives analysis to project development and construction only if the Secretary finds that the project meets the requirements of this subsection and there is a reasonable likelihood that the project will continue to meet such requirements. (B) Evaluation. - In making the findings under subparagraph (A), the Secretary shall evaluate and rate the project as high, medium-high, medium, medium-low, or low based on the results of the analysis of the project justification criteria and the degree of local financial commitment, as required by this subsection. (7) Contents of project construction grant agreement. - A project construction grant agreement under this subsection shall specify the scope of the project to be constructed, the estimated net project cost of the project, the schedule under which the project shall be constructed, the maximum amount of funding to be obtained under this subsection, the proposed schedule for obligation of future Federal grants, and the sources of funding from other than the Government. The agreement may include a commitment on the part of the Secretary to provide funding for the project in future fiscal years. (8) Limitation on entry into construction grant agreement. - The Secretary may enter into a project construction grant agreement for a project under this subsection only if the project is authorized for construction and has been rated as high, medium- high, or medium under this subsection. (9) Regulations. - Not later than 240 days after the date of enactment of the Federal Public Transportation Act of 2005, the Secretary shall issue regulations establishing an evaluation and rating process for proposed projects under this subsection that is based on the results of project justification and local financial commitment, as required under this subsection. (10) Fixed guideway capital project. - In this subsection, the term "fixed guideway capital project" includes a corridor-based bus capital project if - (A) a substantial portion of the project operates in a separate right-of-way dedicated for public transit use during peak hour operations; or (B) the project represents a substantial investment in a defined corridor as demonstrated by features such as park-and- ride lots, transit stations, bus arrival and departure signage, intelligent transportation systems technology, traffic signal priority, off-board fare collection, advanced bus technology, and other features that support the long-term corridor investment. (11) Impact report. - (A) In general. - Not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2005, the Federal Transit Administration shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the methodology to be used in evaluating the land use and economic development impacts of non- fixed guideway or partial fixed guideway projects. (B) Contents. - The report submitted under subparagraph (A) shall address any qualitative and quantitative differences between fixed guideway and non-fixed guideway projects with respect to land use and economic development impacts. (f) Previously Issued Letter of Intent or Full Funding Grant Agreement. - Subsections (d) and (e) do not apply to projects for which the Secretary has issued a letter of intent or entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2005. Subsection (e) also does not apply to projects for which the Secretary has received an application for final design before such date of enactment. (g) Letters of Intent, Full Funding Grant Agreements, and Early Systems Work Agreements. - (1) Letters of intent. - (A) Amounts intended to be obligated. - The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a capital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. When a letter is issued for fixed guideway projects, the amount shall be sufficient to complete at least an operable segment. (B) Treatment. - The issuance of a letter under subparagraph (A) is deemed not to be an obligation under sections 1108(c), 1108(d), 1501, and 1502(a) of title 31 or an administrative commitment. (2) Full funding grant agreements. - (A) Terms. - The Secretary may make a full funding grant agreement with an applicant. The agreement shall - (i) establish the terms of participation by the Government in a project under this section; (ii) establish the maximum amount of Government financial assistance for the project; (iii) cover the period of time for completing the project, including a period extending beyond the period of an authorization; and (iv) make timely and efficient management of the project easier according to the law of the United States. (B) Special financial rules. - (i) In general. - A full funding grant agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. (ii) Statement of contingent commitment. - The agreement shall state that the contingent commitment is not an obligation of the Government. (iii) Interest and other financing costs. - Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. (iv) Completion of operable segment. - The amount stipulated in an agreement under this paragraph for a fixed guideway project shall be sufficient to complete at least an operable segment. (C) Before and after study. - (i) In general. - A full funding grant agreement under this paragraph shall require the applicant to conduct a study that - (I) describes and analyzes the impacts of the new fixed guideway capital project on transit services and transit ridership; (II) evaluates the consistency of predicted and actual project characteristics and performance; and (III) identifies sources of differences between predicted and actual outcomes. (ii) Information collection and analysis plan. - (I) Submission of plan. - Applicants seeking an agreement under this paragraph shall submit a complete plan for the collection and analysis of information to identify the impacts of the new fixed guideway capital project and the accuracy of the forecasts prepared during the development of the project. Preparation of this plan shall be included in the full funding grant agreement as an eligible activity. (II) Contents of plan. - The plan submitted under subclause (I) shall provide for - (aa) the collection of data on the current transit system regarding transit service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics; (bb) documentation of the predicted scope, service levels, capital costs, operating costs, and ridership of the project; (cc) collection of data on the transit system 2 years after the opening of the new fixed guideway capital project, including analogous information on transit service levels and ridership patterns and information on the as-built scope and capital costs of the project; and (dd) analysis of the consistency of predicted project characteristics with the after data. (D) Collection of data on current system. - To be eligible for a full funding grant agreement under this paragraph, recipients shall have collected data on the current system, according to the plan required, before the beginning of construction of the proposed new start project. Collection of this data shall be included in the full funding grant agreement as an eligible activity. (3) Early system work agreements. - (A) Conditions. - The Secretary may make an early systems work agreement with an applicant if a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been issued on the project and the Secretary finds there is reason to believe - (i) a full funding grant agreement for the project will be made; and (ii) the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost. (B) Contents. - (i) In general. - A work agreement under this paragraph obligates an amount of available budget authority specified in law and shall provide for reimbursement of preliminary costs of carrying out the project, including land acquisition, timely procurement of system elements for which specifications are decided, and other activities the Secretary decides are appropriate to make efficient, long- term project management easier. (ii) Period covered. - A work agreement under this paragraph shall cover the period of time the Secretary considers appropriate. The period may extend beyond the period of current authorization. (iii) Interest and other financing costs. - Interest and other financing costs of efficiently carrying out the work agreement within a reasonable time are a cost of carrying out the agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. (iv) Failure to carry out project. - If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Government payments made under the work agreement plus reasonable interest and penalty charges the Secretary establishes in the agreement. (4) Limitation on amounts. - (A) Major capital investment grants contingent commitment authority. - The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all outstanding letters of intent, full funding grant agreements, and early systems work agreements under this subsection for major new fixed guideway capital projects may be not more than the greater of the amount authorized under sections 5338(a)(3) and 5338(c) for such projects or an amount equivalent to the last 3 fiscal years of funding allocated under subsections (m)(1)(A) and (m)(2)(A)(ii) for such projects, less an amount the Secretary reasonably estimates is necessary for grants under this section for those of such projects that are not covered by a letter or agreement. The total amount covered by new letters and contingent commitments included in full funding grant agreements and early systems work agreements for such projects may be not more than a limitation specified in law. (B) Other contingent commitment authority. - The total estimated amount of future obligations of the Government and contingent commitments to incur obligations covered by all project construction grant agreements and early system work agreements under this subsection for small capital projects described in subsection (e) may be not more than the greater of the amount allocated under subsection (m)(2)(A)(i) for such projects or an amount equivalent to the last fiscal year of funding allocated under such subsection for such projects, less an amount the Secretary reasonably estimates is necessary for grants under this section for those of such projects that are not covered by an agreement. The total amount covered by new contingent commitments included in project construction grant agreements and early systems work agreements for such projects may be not more than a limitation specified in law. (C) Inclusion of certain commitments. - Future obligations of the Government and contingent commitments made against the contingent commitment authority under section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (106 Stat. 2125) (!1) for the San Francisco BART to the Airport project for fiscal years 2002, 2003, 2004, 2005, and 2006 shall be charged against section 3032(g)(2) of that Act. (D) Appropriation required. - An obligation may be made under this subsection only when amounts are appropriated for the obligation. (5) Notification of congress. - At least 60 days before issuing a letter of intent or entering into a full funding grant agreement or project construction grant agreement under this section, the Secretary shall notify, in writing, the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project. (h) Government's Share of Net Project Cost. - (1) In general. - Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net project cost. A grant for the project shall be for 80 percent of the net capital project cost, unless the grant recipient requests a lower grant percentage. (2) Adjustment for completion under budget. - The Secretary may adjust the final net project cost of a new fixed guideway capital project evaluated under subsections (d) and (e) to include the cost of eligible activities not included in the originally defined project if the Secretary determines that the originally defined project has been completed at a cost that is significantly below the original estimate. (3) Maximum government share. - The Secretary may provide a higher grant percentage than requested by the grant recipient if - (A) the Secretary determines that the net project cost of the project is not more than 10 percent higher than the net project cost estimated at the time the project was approved for advancement into preliminary engineering; and (B) the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into preliminary engineering. (4) Remainder of net project cost. - The remainder of net project costs shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. (5) Limitation on statutory construction. - Nothing in this section, including paragraph (1) and subsections (d)(4)(B)(v) and (e)(5), shall be construed as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost. (6) Special rule for rolling stock costs. - In addition to amounts allowed pursuant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts of the Government were used and that the purchase was made for use on the extension. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Government is made at the same time. (7) Limitation on applicability. - This subsection does not apply to projects for which the Secretary has entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2005. (i) Undertaking Projects in Advance. - (1) In general. - The Secretary may pay the Government's share of the net capital project cost to a State or local governmental authority that carries out any part of a project described in this section without the aid of amounts of the Government and according to all applicable procedures and requirements if - (A) the State or local governmental authority applies for the payment; (B) the Secretary approves the payment; and (C) before carrying out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section. (2) Financing costs. - (A) In general. - The cost of carrying out part of a project includes the amount of interest earned and payable on bonds issued by the State or local governmental authority to the extent proceeds of the bonds are expended in carrying out the part. (B) Limitation on amount of interest. - The amount of interest under this paragraph may not be more than the most favorable interest terms reasonably available for the project at the time of borrowing. (C) Certification. - The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financial terms. (j) Availability of Amounts. - (1) In general. - An amount made available or appropriated under section 5338(a)(3)(C)(iii), 5338(a)(3)(C)(iv), 5338(b)(2)(E), or 5338(c) for replacement, rehabilitation, and purchase of buses and related equipment and construction of bus- related facilities or for new fixed guideway capital projects shall remain available for 3 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any of such amounts that are unobligated at the end of the 3-fiscal- year period may be used by the Secretary for any purpose under this section. (2) Use of deobligated amounts. - An amount available under this section that is deobligated may be used for any purpose under this section. (k) Reports on New Starts. - (1) Annual report on funding recommendations. - Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate a report that includes - (A) a proposal of allocations of amounts to be available to finance grants for new fixed guideway capital projects among applicants for these amounts; (B) evaluations and ratings, as required under subsections (d) and (e), for each such project that is authorized by the Federal Public Transportation Act of 2005; and (C) recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary. (2) Annual gao review. - The Comptroller General shall - (A) conduct an annual review of - (i) the processes and procedures for evaluating, rating, and recommending new fixed guideway capital projects; and (ii) the Secretary's implementation of such processes and procedures; and (B) report to Congress on the results of such review by May 31 of each year. (l) Other Reports. - (1) Before and after study reports. - Not later than the first Monday of August of each year, the Secretary shall submit to the committees referred to in subsection (k)(1) a report containing a summary of the results of the studies conducted under subsection (g)(2)(C). (2) Contractor performance assessment report. - (A) In general. - Not later than 180 days after the enactment of the Federal Public Transportation Act of 2005, and each year thereafter, the Secretary shall submit to the committees referred to in subsection (k)(1) a report analyzing the consistency and accuracy of cost and ridership estimates made by each contractor to public transportation agencies developing new fixed guideway capital projects. (B) Contents. - The report submitted under subparagraph (A) shall compare the cost and ridership estimates made at the time projects are approved for entrance into preliminary engineering with - (i) estimates made at the time projects are approved for entrance into final design; (ii) costs and ridership when the project commences revenue operation; and (iii) costs and ridership when the project has been in operation for 2 years. (C) Considerations. - In making comparisons under subparagraph (B), the Secretary shall consider factors having an impact on costs and ridership not under the control of the contractor. The Secretary shall also consider the role taken by each contractor in the development of the project. (3) Contractor performance incentive report. - Not later than 180 days after the enactment of the Federal Public Transportation Act of 2005, the Secretary shall submit to the committees referred to in subsection (k)(1) a report on the suitability of allowing contractors to public transportation agencies that undertake new fixed guideway capital projects under this section to receive performance incentive awards if a project is completed for less than the original estimated cost. (m) Allocating Amounts. - (1) Fiscal year 2005. - Of the amounts made available or appropriated for fiscal year 2005 under section 5338(a)(3) - (A) $1,437,829,600 shall be allocated for new fixed capital projects under subsection (d); (B) $1,204,684,800 shall be allocated for capital projects for fixed guideway modernization; and (C) $669,600,000 shall be allocated for capital projects for buses and bus-related equipment and facilities. (2) Fiscal years 2006 through 2009. - The amounts made available or appropriated for fiscal years 2006 through 2009 under sections 5338(b) and 5338(c) shall be allocated as follows: (A) Major capital investment grants. - Of the amounts appropriated under section 5338(c) - (i) $200,000,000 for each of fiscal years 2007 through 2009 shall be allocated for projects for new fixed guideway capital projects of less than $75,000,000 in accordance with subsection (e); and (ii) the remainder shall be allocated for major new fixed guideway capital projects in accordance with subsection (d). (B) Fixed guideway modernization. - The amounts made available under section 5338(b)(2)(D) shall be allocated for capital projects for fixed guideway modernization. (C) Buses and bus-related equipment and facilities. - The amounts made available under section 5338(b)(2)(E) shall be allocated for capital projects for buses and bus-related equipment and facilities. (3) Fixed guideway modernization. - The amounts made available for fixed guideway modernization under section 5338(b)(2)(D) for fiscal year 2006 and each fiscal year thereafter shall be allocated in accordance with section 5337. (4) Preliminary engineering and alternatives analysis. - Not more that 8 percent of the allocation described in paragraph (1)(A) may be expended on alternatives analysis and preliminary engineering. (5) Preliminary engineering. - Not more than 8 percent of the allocation described in paragraph (2)(A) may be expended on preliminary engineering. (6) Funding for ferry boats. - Of the amounts described in paragraphs (1)(A) and (2)(A) - (A) $10,400,000 shall be available in fiscal year 2005 for capital projects in Alaska and Hawaii for new fixed guideway systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; (B) $15,000,000 shall be available in each of fiscal years 2006 through 2009 for capital projects in Alaska and Hawaii for new fixed guideway ferry systems and extension projects utilizing ferry boats, ferry boat terminals, or approaches to ferry boat terminals; and (C) $5,000,000 shall be available for each of fiscal years 2006 though 2009 for payments to the Denali Commission under the terms of section 307(e) of the Denali Commission Act of 1998 (42 U.S.C. 3121 note) for docks, waterfront development projects, and related transportation infrastructure. (7) Bus and bus facility grants. - The amounts made available under paragraphs (1)(C) and (2)(C) shall be allocated as follows: (A) Ferry boat systems. - $10,000,000 shall be available in each of fiscal years 2006 through 2009 for ferry boats or ferry terminal facilities. Of such funds, the following amounts shall be set aside for each fiscal year: (i) $2,500,000 for the San Francisco Water Transit Authority. (ii) $2,500,000 for the Massachusetts Bay Transportation Authority Ferry System. (iii) $1,000,000 for the Camden, New Jersey Ferry System. (iv) $1,000,000 for the Governor's Island, New York Ferry System (!2) (v) $1,000,000 for the Philadelphia Penn's Landing Ferry Terminal. (vi) $1,000,000 for the Staten Island Ferry. (vii) $650,000 for the Maine State Ferry Service, Rockland. (viii) $350,000 for the Swans Island, Maine Ferry Service. (B) Fuel cell bus program. - The following amounts shall be set aside for the national fuel cell bus technology development program under section 3039 of the Federal Public Transportation Act of 2005: (!1) (i) $11,250,000 for fiscal year 2006. (ii) $11,500,000 for fiscal year 2007. (iii) $12,750,000 for fiscal year 2008. (iv) $13,500,000 for fiscal year 2009. (C) Projects not in urbanized areas. - Not less than 5.5 percent shall be available in each fiscal year for projects that are not in urbanized areas. (D) Intermodal terminals. - Not less than $35,000,000 shall be available in each fiscal year for intermodal terminal projects, including the intercity bus portion of such projects. (E) Bus testing. - $3,000,000 shall be available in each fiscal year for bus testing under section 5318. (8) Bus and bus facility grant considerations. - In making grants under paragraphs (1)(C) and (2)(C), the Secretary shall consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 800; Pub. L. 104-287, Sec. 5(9), (12), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 102-240, title III, Sec. 3049(a), as added Pub. L. 105-130, Sec. 8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105-178, title III, Sec. 3009(a), (c)-(h)(1), (3)(D), (i)-(k), June 9, 1998, 112 Stat. 352- 357; Pub. L. 105-206, title IX, Sec. 9009(g), (h)(3), July 22, 1998, 112 Stat. 855, 856; Pub. L. 106-69, title III, Sec. 347, Oct. 9, 1999, 113 Stat. 1024; Pub. L. 106-346, Sec. 101(a) [title III, Sec. 380], Oct. 23, 2000, 114 Stat. 1356, 1356A-42; Pub. L. 106- 554, Sec. 1(a)(4) [div. A, Sec. 1101], Dec. 21, 2000, 114 Stat. 2763, 2763A-201; Pub. L. 108-88, Sec. 8(a), Sept. 30, 2003, 117 Stat. 1121; Pub. L. 108-202, Sec. 9(a), Feb. 29, 2004, 118 Stat. 484; Pub. L. 108-224, Sec. 7(a), Apr. 30, 2004, 118 Stat. 632; Pub. L. 108-263, Sec. 7(a), June 30, 2004, 118 Stat. 704; Pub. L. 108- 271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108-280, Sec. 7(a), July 30, 2004, 118 Stat. 882; Pub. L. 108-310, Sec. 8(a), Sept. 30, 2004, 118 Stat. 1154; Pub. L. 109-14, Sec. 7(a), May 31, 2005, 119 Stat. 330; Pub. L. 109-20, Sec. 7(a), July 1, 2005, 119 Stat. 352; Pub. L. 109-35, Sec. 7(a), July 20, 2005, 119 Stat. 386; Pub. L. 109-37, Sec. 7(a), July 22, 2005, 119 Stat. 401; Pub. L. 109-40, Sec. 7(a), July 28, 2005, 119 Stat. 417; Pub. L. 109-59, title III, Sec. 3011(a), Aug. 10, 2005, 119 Stat. 1573.) -MISC1- HISTORICAL AND REVISION NOTES PUB. L. 103-272 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5309(a) 49 July 9, 1964, Pub. L. (1)-(5) App.:1602(a)(1)(A). 88-365, Sec. 3(a)(1)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91-453, Sec. 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93-503, Secs. 102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95-599, Sec. 302(a), 92 Stat. 2735; Jan. 6, 1983, Pub. L. 97-424, Sec. 313, 96 Stat. 2152. 49 July 9, 1964, Pub. L. App.:1602(a)(1)(B), 88-365, Sec. (C), (D) (1st, 3d 3(a)(1)(B)-(D), (2)(B), sentences). (3), 78 Stat. 303; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91-453, Sec. 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93-503, Secs. 102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95-599, Sec. 302(a), 92 Stat. 2735, 2736. 5309(a)(6) 49 July 9, 1964, Pub. L. App.:1602(a)(1)(E). 88-365, Sec. 3(a)(1)(E), 78 Stat. 303; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91-453, Sec. 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93-503, Secs. 102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95-599, Sec. 302(a), 92 Stat. 2736; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3006(a), 105 Stat. 2089. 5309(a)(7) 49 July 9, 1964, Pub. L. App.:1602(a)(1)(F). 88-365, 78 Stat. 302, Sec. 3(a)(1)(F); added Dec. 18, 1991, Pub. L. 102-240, Sec. 3006(b), 105 Stat. 2089. 5309(b)(1) 49 App.:1602(b) July 9, 1964, Pub. L. (1st sentence). 88-365, Sec. 3(b), 78 Stat. 303; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91-453, Sec. 2(2), 84 Stat. 963; Nov. 6, 1978, Pub. L. 95-599, Sec. 302(b), 92 Stat. 2737. 5309(b)(2) 49 App.:1602(a)(2)(B). 5309(b)(3) 49 App.:1602(b) (8th, last sentences). 5309(b)(4), 49 App.:1602(b) (5) (2d-6th sentences). 5309(c) 49 App.:1602(a)(5). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 3(a)(5); added Jan. 6, 1983, Pub. L. 97-424, Sec. 304(b), 96 Stat. 2149. 5309(d) 49 July 9, 1964, Pub. L. App.:1602(a)(2)(A). 88-365, Sec. 3(a)(2)(A), 78 Stat. 303; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91-453, Sec. 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93-503, Secs. 102, 104, 106, 88 Stat. 1566, 1571, 1572; Nov. 6, 1978, Pub. L. 95-599, Sec. 302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97-424, Sec. 304(a), 96 Stat. 2149; restated Apr. 2, 1987, Pub. L. 100-17, Sec. 309(e), 101 Stat. 227. 49 App.:1602(a)(3). 5309(e)(1) 49 App.:1602 (note). Apr. 2, 1987, Pub. L. 100-17, Sec. 303(b), 101 Stat. 223. 5309(e) 49 App.:1602(i). July 9, 1964, Pub. L. (2)-(7) 88-365, 78 Stat. 302, Sec. 3(i); added Apr. 2, 1987, Pub. L. 100-17, Sec. 303(a), 101 Stat. 223; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3010, 105 Stat. 2093. 5309(f)(1) 49 App.:1602(a)(1)(D) (last sentence). 5309(f)(2) 49 App.:1602(a)(1)(D) (2d sentence). 5309(g) 49 App.:1602(a)(4). July 9, 1964, Pub. L. 88-365, Sec. 3(a)(4), 78 Stat. 303; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91-453, Sec. 2(2), 84 Stat. 962; Nov. 26, 1974, Pub. L. 93-503, Secs. 102, 104, 106, 88 Stat. 1566, 1571, 1572; restated Nov. 6, 1978, Pub. L. 95-599, Sec. 302(a), 92 Stat. 2736; Jan. 6, 1983, Pub. L. 97-424, Sec. 305, 96 Stat. 2150; Apr. 2, 1987, Pub. L. 100-17, Sec. 302, 101 Stat. 223; Dec. 18, 1991, Pub. L. 102-240, Sec. 3007, 105 Stat. 2090. 5309(h) 49 App.:1603(a). July 9, 1964, Pub. L. 88-365, Sec. 4(a), 78 Stat. 304; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; Aug. 1, 1968, Pub. L. 90-448, Sec. 704(a), 82 Stat. 535; Oct. 15, 1970, Pub. L. 91-453, Sec. 3(a), 84 Stat. 965; Aug. 13, 1973, Pub. L. 93-87, Sec. 301(a), 87 Stat. 295; Nov. 26, 1974, Pub. L. 93-503, Sec. 103(b), 88 Stat. 1571; Nov. 6, 1978, Pub. L. 95-599, Sec. 303(b), 92 Stat. 2737; Jan. 6, 1983, Pub. L. 97-424, Sec. 302(b), 96 Stat. 2141; Dec. 18, 1991, Pub. L. 102-240, Sec. 3006(f), (g), 105 Stat. 2089. 5309(i) 49 App.:1602(c) July 9, 1964, Pub. L. (2d, last 88-365, Sec. 3(c), 78 Stat. sentences). 303; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91-453, Sec. 2(2), 84 Stat. 964. 5309(j) 49 App.:1602(b) (7th sentence). 5309(k) 49 App.:1602(c) (1st sentence). 5309(l) 49 App.:1603(d). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 4(d); added Dec. 18, 1991, Pub. L. 102-240, Sec. 3006(h)(2), 105 Stat. 2090. 5309(m)(1) 49 App.:1602(k)(1). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 3(k)(1); added Apr. 2, 1987, Pub. L. 100-17, Sec. 305, 101 Stat. 224; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3006(d)(1), 105 Stat. 2089. 5309(m)(2) 49 App.:1602(k)(3). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 3(k)(3); added Dec. 18, 1991, Pub. L. 102-240, Sec. 3006(d)(2), 105 Stat. 2089. 5309(m)(3) 49 App.:1602(j). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 3(j); added Apr. 2, 1987, Pub. L. 100-17, Sec. 304, 101 Stat. 223. 5309(m)(4) 49 App.:1602(k)(2). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 3(k)(2); added Apr. 2, 1987, Pub. L. 100-17, Sec. 305, 101 Stat. 224. 5309(n) 49 App.:1602(l). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 3(l); added Apr. 2, 1987, Pub. L. 100-17, Sec. 306(a), 101 Stat. 224; Dec. 18, 1991, Pub. L. 102-240, Sec. 3006(e), 105 Stat. 2089. 5309(o) 49 App.:1602(n). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 3(n); added Oct. 6, 1992, Pub. L. 102-388, Sec. 502(d), 106 Stat. 1566. -------------------------------------------------------------------- In subsection (a), before clause (1), the words "in accordance with the provisions of this chapter" are omitted as surplus. The words "and on such terms and conditions as the Secretary may prescribe" and 49 App.:1602(a)(1)(D) (3d sentence) are omitted as unnecessary because of section 5334(a) of the revised title and 49:322(a). The words "(directly, through the purchase of securities or equipment trust certificates, or otherwise)" and "and agencies thereof" are omitted as surplus. In clause (1), the word "detailed" is omitted as surplus. In clause (2), the words "capital projects" are substituted for "the acquisition, construction, reconstruction, and improvement of facilities and equipment for use, by operation or lease or otherwise, in mass transportation service" for clarity and consistency in this section. The words "Eligible facilities and equipment may include personal property such as buses and other rolling stock, and rail and bus facilities, and real" are omitted as surplus. The text of 49 App.:1602(a)(1)(B) (last sentence) is omitted as obsolete because former 49 App.:1604(a)(4) is executed and is not included in this restatement. In clause (3), the words "the capital costs of" are added for clarity and consistency in this section. The words "highway and" are omitted as surplus. In subsection (b)(1), the word "finance" is omitted as surplus. In subsection (b)(2), the words "for real property acquisition" are omitted as surplus. The words "for an approved project" are added for clarity and consistency. The words "which shall be in lieu of the determination required by subparagraph (A)", "real", and "connection with" are omitted as surplus. In subsection (b)(3), the word "comprehensive" is omitted as surplus. The words "by the project" are added for clarity. The words "a period of" and "longer" are omitted as surplus. In subsection (b)(4), the words "a period not exceeding" and "Each agreement shall provide that" are omitted as surplus. The words "shall be made within the 10-year period" are substituted for "shall not be later than 10 years following the fiscal year in which the agreement is made" to eliminate unnecessary words. The words "if any, over the original cost of the real property" are omitted as surplus. The words "deposit in" are substituted for "credit to" for consistency in the revised title and with other titles of the United States Code. In subsection (b)(5), the word "actual" is omitted as surplus. The words "deposited in" are substituted for "credited to" for consistency in the revised title and with other titles of the Code. In subsection (c), before clause (1), the words "grant or loan" are substituted for "assistance" for consistency in the revised section. In clause (1), the words "rail carrier" are substituted for "railroad" for consistency in the revised title and with other titles of the Code. In subsection (d), before clause (1), the words "Except as provided in subsections (b)(2) and (e) of this section" are added for clarity. In clause (1), the words "through operation or lease or otherwise" are omitted as surplus. In subsection (e)(2), before clause (A), the word "existing" is added for clarity and consistency. In subsection (e)(6)(C), the words "Part A of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 1915)" are substituted for "the Federal-Aid Highway Act of 1991" because the Federal-Aid Highway Act of 1991 was title I of H.R. 1531, that was not enacted into law but contained predecessor provisions to Part A of title I of H.R. 2950, enacted into law as the Intermodal Surface Transportation Efficiency Act of 1991. In subsection (f)(1), the words "or entity" are omitted as surplus. In subsection (f)(2), before clause (A), the words "for a project under subsection (a)(5) of this section" are added for clarity. In clause (B), the words "whether publicly or privately owned" are omitted as surplus. In subsection (g)(1)(A), the words "The letter shall be regarded as an intention to obligate" are omitted as surplus. In subsection (g)(1)(D), the words "pursuant to such a letter of intent" are omitted as surplus. In subsection (g)(2)(A)(i), the words "and conditions" are omitted as being included in "terms". In subsection (g)(4), the word "issued" is omitted as surplus. The text of 49 App.:1602(a)(4)(E) (3d sentence) is omitted as executed. The text of 49 App.:1602(a)(4)(E) (4th and last sentences) is omitted as obsolete. In subsection (h), the words "nature and extent of" are omitted as surplus. The words "net project cost" are substituted for "what portion of the cost of a project to be assisted under section 1602 of this Appendix cannot be reasonably financed from revenues - which portion shall hereinafter be called 'net project cost' " because of the definition of "net project cost" in section 5302(a) of the revised title. The words "Except as provided in paragraph (2) of this subsection" are added for clarity. The words "Such remainder may be provided in whole or in part from other than public sources and any public or private", "solely", and "at any time" are omitted as surplus. The words "shall be deemed" are omitted as unnecessary since the text is a statement of a legal conclusion. In subsection (i), before clause (1), the words "Except for a loan under subsection (b) of this section" are added for clarity. The words "made under this section" and "at a rate" are omitted as surplus. In clause (1), the word "market" is omitted as surplus. In clause (2), the words "under the program" are omitted as surplus. In subsection (j), the words "loan and interest" are substituted for "principal and accrued interest on the loan then outstanding" to eliminate unnecessary words. In subsection (m)(1)(B) and (3), the word "existing" is added for clarity and consistency. In subsection (m)(1), before clause (A), the words "Subject to paragraph (3)" are omitted as surplus. The reference to fiscal year 1992 is omitted as obsolete. In subsection (m)(3), before clause (A), the words "Not later than 30 days after April 2, 1987" are omitted as executed. The words "prepare and" are omitted as surplus. The text of 49 App.:1602(j)(1) is omitted as obsolete because 49 App.:1602(k)(1) was restated by section 3006(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 2089) and clause (D) was not carried forward. In subsection (m)(4), the text of 49 App.:1602(k)(2)(B) is omitted as expired. In subsection (n)(2), 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. PUB. L. 104-287, SEC. 5(12)(A) This amends 49:5309(a) to clarify the restatement of 49 App.:1602(a)(1) by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 Stat. 800). PUB. L. 104-287, SEC. 5(12)(B) This amends 49:5309(e)(4)(B) to correct an erroneous cross- reference. PUB. L. 104-287, SEC. 5(12)(C) This amends 49:5309(m)(1)(A) to make a conforming amendment. -REFTEXT- REFERENCES IN TEXT The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsecs. (d)(6)(A)(i), (e)(9), (11)(A), (f), (h)(7), and (l)(2)(A), (3), is the date of enactment of title III of Pub. L. 109-59, which was approved Aug. 10, 2005. The National Environmental Policy Act of 1969, referred to in subsec. (g)(3)(A), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 4321 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 4321 of Title 42 and Tables. Section 3032(g)(2) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (g)(4)(C), is section 3032(g)(2) of Pub. L. 102-240, title III, Dec. 18, 1991, 105 Stat. 2125, which is not classified to the Code. The Federal Public Transportation Act of 2005, referred to in subsec. (k)(1)(B), is title III of Pub. L. 109-59, Aug. 10, 2005, 119 Stat. 1544. For complete classification of this Act to the Code, see Short Title of 2005 Amendment note set out under section 5101 of this title and Tables. Section 307(e) of the Denali Commission Act of 1998, referred to in subsec. (m)(6)(C), is section 307(e) of title III of div. C of Pub. L. 105-277, which is set out as a note under section 3121 of Title 42, The Public Health and Welfare. Section 3039 of the Federal Public Transportation Act of 2005, referred to in subsec. (m)(7)(B), probably means section 3045 of Pub. L. 109-59, which relates to a national fuel cell bus technology development program and is set out as a note under section 5308 of this title. -MISC2- AMENDMENTS 2005 - Pub. L. 109-59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (p) providing for grants and loans to assist State and local governmental authorities in financing capital projects related to fixed guideway systems, capital projects needed for an efficient and coordinated mass transportation system, the capital costs of coordinating mass transportation with other transportation, the introduction of new technology, and mass transportation projects to meet the special needs of elderly individuals and individuals with disabilities. Subsec. (m)(1). Pub. L. 109-40, Sec. 7(a)(1), substituted "July 30, 2005" for "July 27, 2005" in introductory provisions. Pub. L. 109-37, Sec. 7(a)(1), substituted "July 27, 2005" for "July 21, 2005" in introductory provisions. Pub. L. 109-35, Sec. 7(a)(1), substituted "July 21, 2005" for "July 19, 2005" in introductory provisions. Pub. L. 109-20, Sec. 7(a)(1), substituted "July 19, 2005" for "June 30, 2005" in introductory provisions. Pub. L. 109-14, Sec. 7(a)(1), substituted "June 30, 2005" for "May 31, 2005" in introductory provisions. Subsec. (m)(2)(B)(iii). Pub. L. 109-40, Sec. 7(a)(2), substituted "july 30, 2005" for "july 27, 2005" in heading and "July 30, 2005" for "July 27, 2005" and "$8,550,000" for "$8,547,000" in text. Pub. L. 109-37, Sec. 7(a)(2), substituted "july 27, 2005" for "july 21, 2005" in heading and "July 27, 2005" for "July 21, 2005" and "$8,547,000" for "$8,424,000" in text. Pub. L. 109-35, Sec. 7(a)(2), substituted "july 21, 2005" for "july 19, 2005" in heading and "July 21, 2005" for "July 19, 2005" and "$8,424,000" for "$8,320,000" in text. Pub. L. 109-20, Sec. 7(a)(2), substituted "july 19, 2005" for "june 30, 2005" in heading and "July 19, 2005" for "June 30, 2005" and "$8,320,000" for "$7,800,000" in text. Pub. L. 109-14, Sec. 7(a)(2), substituted "june 30, 2005" for "may 31, 2005" in heading and "June 30, 2005" for "May 31, 2005" and "$7,800,000" for "$6,933,333" in text. Subsec. (m)(3)(B). Pub. L. 109-40, Sec. 7(a)(3), substituted "$2,470,000" for "$2,465,754" and "July 30, 2005" for "July 27, 2005". Pub. L. 109-37, Sec. 7(a)(3), substituted "$2,465,754" for "$2,430,000" and "July 27, 2005" for "July 21, 2005". Pub. L. 109-35, Sec. 7(a)(3), substituted "$2,430,000" for "$2,400,000" and "July 21, 2005" for "July 19, 2005". Pub. L. 109-20, Sec. 7(a)(3), substituted "$2,400,000" for "$2,250,000" and "July 19, 2005" for "June 30, 2005". Pub. L. 109-14, Sec. 7(a)(3), substituted "$2,250,000" for "$2,000,000" and "June 30, 2005" for "May 31, 2005". Subsec. (m)(3)(C). Pub. L. 109-40, Sec. 7(a)(4), substituted "$41,506,850" for "$41,095,900" and "July 30, 2005" for "July 27, 2005". Pub. L. 109-37, Sec. 7(a)(4), substituted "$41,095,900" for "$40,500,000" and "July 27, 2005" for "July 21, 2005". Pub. L. 109-35, Sec. 7(a)(4), substituted "$40,500,000" for "$40,000,000" and "July 21, 2005" for "July 19, 2005". Pub. L. 109-20, Sec. 7(a)(4), substituted "$40,000,000" for "$37,500,000" and "July 19, 2005" for "June 30, 2005". Pub. L. 109-14, Sec. 7(a)(4), substituted "$37,500,000" for "$33,333,333" and "June 30, 2005" for "May 31, 2005". 2004 - Subsec. (m)(1). Pub. L. 108-310, Sec. 8(a)(1), inserted "and for the period of October 1, 2004, through May 31, 2005" after "2004" in introductory provisions. Pub. L. 108-280, Sec. 7(a)(1)(A), struck out "2003 and for the period of October 1, 2003, through July 31," before "2004" in introductory provisions. Pub. L. 108-263, Sec. 7(a)(1)(A), substituted "July 31, 2004" for "June 30, 2004" in introductory provisions. Pub. L. 108-224, Sec. 7(a)(1)(A), substituted "June 30, 2004" for "April 30, 2004" in introductory provisions. Pub. L. 108-202, Sec. 9(a)(1)(A), substituted "April 30, 2004" for "February 29, 2004" in introductory provisions. Subsec. (m)(1)(A). Pub. L. 108-280, Sec. 7(a)(1)(B), substituted ", except for fiscal year 2004 during which $1,206,506,000 will be available" for ", except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $999,489,679 will be available". Pub. L. 108-263, Sec. 7(a)(1)(A), (B), substituted "July 31, 2004" for "June 30, 2004" and "$999,489,679" for "$899,540,711". Pub. L. 108-224, Sec. 7(a)(1)(B), substituted "June 30, 2004, during which $899,540,711 will be available" for "April 30, 2004, during which $699,642,775 will be available". Pub. L. 108-202, Sec. 9(a)(1)(B), inserted ", except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $699,642,775 will be available" after "modernization". Subsec. (m)(1)(B). Pub. L. 108-280, Sec. 7(a)(1)(C), substituted ", except for fiscal year 2004 during which $1,323,794,000 will be available" for ", except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $1,096,653,013 will be available". Pub. L. 108-263, Sec. 7(a)(1)(A), (C), substituted "July 31, 2004" for "June 30, 2004" and "$1,096,653,013" for "$986,987,712". Pub. L. 108-224, Sec. 7(a)(1)(C), substituted "June 30, 2004, during which $986,987,712 will be available" for "April 30, 2004, during which $767,657,109 will be available". Pub. L. 108-202, Sec. 9(a)(1)(C), inserted ", except for the period beginning on October 1, 2003, and ending on April 30, 2004, during which $767,657,109 will be available" before the semicolon. Subsec. (m)(1)(C). Pub. L. 108-280, Sec. 7(a)(1)(D), substituted ", except for fiscal year 2004 during which $607,200,000 will be available" for ", except for the period beginning on October 1, 2003, and ending on July 31, 2004, during which $503,014,600 will be available". Pub. L. 108-263, Sec. 7(a)(1)(A), (D), substituted "July 31, 2004" for "June 30, 2004" and "$503,014,600" for "$452,713,140". Pub. L. 108-224, Sec. 7(a)(1)(D), which directed the amendment of subpar. (C) without providing closing quotation marks designating the provisions to be inserted, was executed by substituting "2003, and ending on June 30, 2004, during which $452,713,140 will be available" for "2003 and ending on April 30, 2004, during which $352,110,220 will be available", to reflect the probable intent of Congress. Pub. L. 108-202, Sec. 9(a)(1)(D), inserted ", except for the period beginning on October 1, 2003 and ending on April 30, 2004, during which $352,110,220 will be available" after "facilities". Subsec. (m)(2)(B)(i). Pub. L. 108-280, Sec. 7(a)(2)(A), substituted "2004" for "2003". Subsec. (m)(2)(B)(iii). Pub. L. 108-310, Sec. 8(a)(2), added cl. (iii). Pub. L. 108-280, Sec. 7(a)(2)(B), struck out heading and text of cl. (iii). Text read as follows: "Of the amounts made available under paragraph (1)(B), $8,615,533 shall be available for the period beginning on October 1, 2003, and ending on July 31, 2004, for capital projects described in clause (i)." Pub. L. 108-263, Sec. 7(a)(2), inserted cl. (iii) and struck out heading and text of former cl. (iii). Prior to amendment, text read as follows: "Of the amounts made available under paragraph (1)(B), $7,753,980 shall be available for the period beginning on October 1, 2003, and ending on June 30, 2004, for capital projects described in clause (i)." Pub. L. 108-224, Sec. 7(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: "Of the amounts made available under paragraph (1)(B), $6,066,667 shall be available for the period beginning on October 1, 2003, and ending on April 30, 2004, for capital projects described in clause (i)." Pub. L. 108-202, Sec. 9(a)(2), amended heading and text of cl. (iii) generally. Prior to amendment, text read as follows: "Of the amounts made available under paragraph (1)(B), $4,333,333 shall be available for the period of October 1, 2003, through February 29, 2004, for capital projects described in clause (i)." Subsec. (m)(3)(B). Pub. L. 108-310, Sec. 8(a)(3), inserted "(and $2,000,000 shall be available for the period October 1, 2004, through May 31, 2005)" after "2004". Pub. L. 108-280, Sec. 7(a)(3), substituted "2004" for "2003 (and $2,485,250 shall be available for the period October 1, 2003, through July 31, 2004)". Pub. L. 108-263, Sec. 7(a)(3), substituted "$2,485,250" for "$2,236,725" and "July 31, 2004" for "June 30, 2004". Pub. L. 108-224, Sec. 7(a)(3), substituted "$2,236,725" for "$1,750,000" and "June 30, 2004" for "April 30, 2004". Pub. L. 108-202, Sec. 9(a)(3), substituted "$1,750,000" for "$1,250,000" and "April 30, 2004" for "February 29, 2004". Subsec. (m)(3)(C). Pub. L. 108-310, Sec. 8(a)(4), inserted ", and $33,333,333 shall be available for the period October 1, 2004, through May 31, 2005," after "2004)". Pub. L. 108-280, Sec. 7(a)(4), substituted "1999 through 2004" for "1999 through 2003", "$50,000,000" for "$41,420,833", and "fiscal year 2004" for "the period October 1, 2003, through July 31, 2004". Pub. L. 108-263, Sec. 7(a)(4), substituted "$41,420,833" for "$37,278,750" and "July 31, 2004" for "June 30, 2004". Pub. L. 108-224, Sec. 7(a)(4), substituted "$37,278,750" for "$28,994,583" and "June 30, 2004" for "April 30, 2004". Pub. L. 108-202, Sec. 9(a)(4), substituted "$28,994,583 shall be transferred to and administered under section 5309 for buses and bus facilities" for "$20,833,334 shall be available" and "April 30, 2004" for "February 29, 2004". Subsec. (o)(3). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office" in introductory provisions. 2003 - Subsec. (m)(1). Pub. L. 108-88, Sec. 8(a)(1), inserted "and for the period of October 1, 2003, through February 29, 2004" after "2003". Subsec. (m)(2)(B). Pub. L. 108-88, Sec. 8(a)(2), added cl. (iii). Subsec. (m)(3)(B). Pub. L. 108-88, Sec. 8(a)(3), inserted "(and $1,250,000 shall be available for the period October 1, 2003, through February 29, 2004)" after "2003". Subsec. (m)(3)(C). Pub. L. 108-88, Sec. 8(a)(4), inserted "(and $20,833,334 shall be available for the period October 1, 2003, through February 29, 2004)" after "2003". 2000 - Subsec. (g)(4). Pub. L. 106-346 designated existing provisions as subpar. (A) and added subpars. (B) to (G). Subsec. (g)(4)(D)(2). Pub. L. 106-554 struck out "light" before "rail extension". 1999 - Subsec. (g)(1)(B). Pub. L. 106-69 inserted "and the House and Senate Committees on Appropriations" after "Committee on Banking, Housing, and Urban Affairs of the Senate". 1998 - Pub. L. 105-178, Sec. 3009(a), substituted "Capital investment" for "Discretionary" in section catchline. Subsec. (a)(1)(E) to (H). Pub. L. 105-178, Sec. 3009(c), added subpars. (E) and (F), redesignated former subpars. (F) and (G) as (G) and (H), respectively, and struck out former subpar. (E) which read as follows: "transportation projects that enhance urban economic development or incorporate private investment, including commercial and residential development, because the projects - "(i) enhance the effectiveness of a mass transportation project and are related physically or functionally to that mass transportation project; or "(ii) establish new or enhanced coordination between mass transportation and other transportation;". Subsec. (c). Pub. L. 105-178, Sec. 3009(d), amended subsec. (c) generally, substituting "[Reserved.]" for former heading and text which read as follows: "(c) Consideration of Decreased Commuter Rail Transportation. - The Secretary of Transportation shall consider the adverse effect of decreased commuter rail transportation when deciding whether to approve a grant or loan under this section to acquire a rail line and all related facilities - "(1) owned by a rail carrier subject to reorganization under title 11; and "(2) used to provide commuter rail transportation." Subsec. (e). Pub. L. 105-178, Sec. 3009(k)(1), as added by Pub. L. 105-206, Sec. 9009(g), in par. (3)(C), substituted "suburban sprawl" for "urban sprawl", and in par. (6), substituted "or 'not recommended', based" for "or not 'recommended', based" in second sentence and inserted "of the" before "criteria established" in last sentence. Pub. L. 105-178, Sec. 3009(e), reenacted heading without change and amended text of subsec. (e) generally. Prior to amendment, subsec. (e) related to, in par. (1), applicability of subsection to projects, in par. (2), approval of grants or loans for capital projects, in par. (3), criteria for making approval decisions, in par. (4), issuance of guidelines on evaluation of alternatives, project justification, and degree of local financial commitment, in par. (5), advancement of project from alternatives analysis to preliminary engineering, in par. (6), exemptions from requirements of subsection, and in par. (7), requirement of full financing agreement. Subsec. (f). Pub. L. 105-178, Sec. 3009(h)(1), amended subsec. (f) generally, substituting "[Reserved.]" for former heading and text which read as follows: "(f) Required Payments and Eligible Costs of Projects That Enhance Urban Economic Development or Incorporate Private Investment. - (1) Each grant or loan under subsection (a)(5) of this section shall require that a person making an agreement to occupy space in a facility pay a reasonable share of the costs of the facility through rental payments and other means. "(2) Eligible costs for a project under subsection (a)(5) of this section - "(A) include property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; but "(B) do not include construction of a commercial revenue- producing facility or a part of a public facility not related to mass transportation." Subsec. (g). Pub. L. 105-178, Sec. 3009(f)(1), substituted "Funding" for "Financing" in heading. Subsec. (g)(1)(B). Pub. L. 105-178, Sec. 3009(f)(3), substituted "At least 60 days" for "At least 30 days" and "letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project" for "issuance of the letter" and inserted "or entering into a full funding grant agreement" after "subparagraph (A) of this paragraph". Subsec. (g)(2)(A), (B), (3)(A)(i). Pub. L. 105-178, Sec. 3009(f)(2), substituted "full funding" for "full financing". Subsec. (g)(4). Pub. L. 105-178, Sec. 3009(k)(2), as added by Pub. L. 105-206, Sec. 9009(g), substituted "5338(b) of this title for new fixed guideway systems and extensions to existing fixed guideway systems and the amount appropriated under section 5338(h)(5) or an amount equivalent to the last 2 fiscal years of funding authorized under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems" for "5338(a) of this title to carry out this section or an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003". Pub. L. 105-178, Sec. 3009(f)(2), (4), substituted "full funding" for "full financing" before "grant agreements" in two places and "an amount equivalent to the total authorizations under section 5338(b) for new fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003" for "50 percent of the uncommitted cash balance remaining in the Mass Transit Account of the Highway Trust Fund (including amounts received from taxes and interest earned that are more than amounts previously obligated)". Subsec. (m). Pub. L. 105-178, Sec. 3009(k)(3), as added by Pub. L. 105-206, Sec. 9009(g), substituted "5338(b)" for "5338" in introductory provisions of par. (1), added par. (2) and struck out former par. (2) relating to limitation on amounts available for activities other than final design and construction, redesignated par. (4) as (3)(C), added pars. (3)(D) and (4), and struck out par. (5) relating to funding for ferry boat systems. Pub. L. 105-178, Sec. 3009(g), reenacted heading without change and amended text of subsec. (m) generally, substituting provisions allocating amounts for fiscal years 1998 to 2003 for provisions allocating amounts for each fiscal year ending Sept. 30 from 1993 to 1997 and for period of Oct. 1, 1997 to Mar. 31, 1998. Subsec. (n)(2). Pub. L. 105-178, Sec. 3009(h)(3)(D), as added by Pub. L. 105-206, Sec. 9009(h)(3), substituted "in a manner satisfactory" for "in a way satisfactory". Subsec. (o). Pub. L. 105-178, Sec. 3009(i), added subsec. (o) relating to reports. Subsec. (p). Pub. L. 105-178, Sec. 3009(j), added subsec. (p). 1997 - Subsec. (m)(1). Pub. L. 102-240, Sec. 3049(a), as added by Pub. L. 105-130, inserted ", and for the period of October 1, 1997, through March 31, 1998" after "1997". 1996 - Subsec. (a). Pub. L. 104-287, Sec. 5(12)(A), designated existing provisions as par. (1), redesignated former pars. (1) to (7) as subpars. (A) to (G) of par. (1), respectively, and former subpars. (A) and (B) of par. (5) as subcls. (i) and (ii) of subpar. (E), respectively, and added par. (2). Subsec. (e)(4)(B). Pub. L. 104-287, Sec. 5(12)(B), substituted "paragraph (2)" for "paragraph (1)(B)". Subsec. (g)(1)(B). Pub. L. 104-287, Sec. 5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation". Subsec. (m)(1)(A). Pub. L. 104-287, Sec. 5(12)(C), inserted "rail" before "fixed guideway modernization". Subsec. (m)(3). Pub. L. 104-287, Sec. 5(9), substituted "Transportation and Infrastructure" for "Public Works and Transportation". 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 section 5(12) of 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. PUBLIC-PRIVATE PARTNERSHIP PILOT PROGRAM Pub. L. 109-59, title III, Sec. 3011(c), Aug. 10, 2005, 119 Stat. 1588, provided that: "(1) Establishment. - The Secretary [of Transportation] may establish and implement a pilot program to demonstrate the advantages and disadvantages of public-private partnerships for certain new fixed guideway capital projects. "(2) Limitation on the number of facilities. - The Secretary may permit the establishment of 3 public-private partnerships for new fixed guideway capital projects. "(3) Eligibility. - To be eligible to participate in the public- private partnership program, a recipient shall submit to the Secretary an application that contains, at a minimum, the following: "(A) An identification of the new fixed guideway capital project that has not entered into a full funding grant agreement or project construction grant agreement with the Federal Transit Administration. "(B) A schedule and finance plan for the construction of and operation of the proposed project. "(C) An analysis of the costs, benefits, and efficiencies of the proposed public-private partnership agreement. "(4) Selection criteria. - The Secretary may approve the application of a recipient under this subsection if the Secretary determines that - "(A) State and local laws permit public-private agreements for all phases of project development, construction, and operation of the project; "(B) the recipient is unable to advance the project due to fiscal constraints; and "(C) the plan implementing the public-private partnership is justified. "(5) Program term. - The Secretary may approve an application of a recipient for a public-private partnership for fiscal years 2006 through 2009. "(6) Report to congress. - Not later than 2 years after the date of enactment of this Act [Aug. 10, 2005], the Secretary shall transmit 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 containing an assessment of the costs, benefits, and efficiencies of a public-private partnership program for new fixed guideway capital projects." REPORT TO CONGRESS ON USE OF FUNDS UNDER PUB. L. 105-178 Pub. L. 105-200, title IV, Sec. 403(b), July 16, 1998, 112 Stat. 670, provided that: "Not later than 2 years after the date of the enactment of this Act [July 16, 1998], the Secretary of Transportation, in consultation with the Secretary of Health and Human Services, shall submit to the Committees on Ways and Means and on Transportation and Infrastructure of the House of Representatives and the Committees on Finance and on Environment and Public Works of the Senate a report that - "(1) describes the manner in which funds made available under section 3037 of the Transportation Equity Act for the 21st Century [Pub. L. 105-178, set out as a note below] have been used; "(2) describes whether such uses of such funds has improved transportation services for low-income individuals; and "(3) contains such other relevant information as may be appropriate." DOLLAR VALUE OF MOBILITY IMPROVEMENTS Pub. L. 105-178, title III, Sec. 3010, June 9, 1998, 112 Stat. 357, as amended by Pub. L. 105-206, title IX, Sec. 9009(i), July 22, 1998, 112 Stat. 856, provided that: "(a) In General. - The Secretary [of Transportation] shall not consider the dollar value of mobility improvements, as specified in the report required under section 5309(o) (as added by this Act), in evaluating projects under section 5309 of title 49, United States Code, in developing regulations, or in carrying out any other duty of the Secretary. "(b) Study. - "(1) In general. - The Comptroller General shall conduct a study of the dollar value of mobility improvements and the relationship of mobility improvements to the overall transportation justification of a new fixed guideway system or extension to an existing system. "(2) Report. - Not later than January 1, 2000, the Comptroller General shall transmit 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 results of the study under paragraph (1), including an analysis of the factors relevant to determining the dollar value of mobility improvements." JOB ACCESS AND REVERSE COMMUTE GRANTS Pub. L. 105-178, title III, Sec. 3037, June 9, 1998, 112 Stat. 387, as amended by Pub. L. 105-206, title IX, Sec. 9009(w), July 22, 1998, 112 Stat. 862; Pub. L. 108-88, Sec. 8(l), Sept. 30, 2003, 117 Stat. 1124; Pub. L. 108-202, Sec. 9(l), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108-224, Sec. 7(l), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108-263, Sec. 7(l), June 30, 2004, 118 Stat. 707; Pub. L. 108-280, Sec. 7(l), July 30, 2004, 118 Stat. 884; Pub. L. 108- 310, Sec. 8(l), Sept. 30, 2004, 118 Stat. 1157; Pub. L. 109-14, Sec. 7(k), May 31, 2005, 119 Stat. 333; Pub. L. 109-20, Sec. 7(k), July 1, 2005, 119 Stat. 355; Pub. L. 109-35, Sec. 7(k), July 20, 2005, 119 Stat. 388; Pub. L. 109-37, Sec. 7(k), July 22, 2005, 119 Stat. 403; Pub. L. 109-40, Sec. 7(k), July 28, 2005, 119 Stat. 420, which authorized the Secretary of Transportation to make access to jobs grants and reverse commute grants to assist qualified entities in financing eligible projects, was repealed by Pub. L. 109-59, title III, Sec. 3018(c), Aug. 10, 2005, 119 Stat. 1605, effective Oct. 1, 2005. See section 5316 of this title. ENCOURAGEMENT OF ADVERSELY AFFECTED INDUSTRIES TO COMPETE FOR CONTRACTS Pub. L. 91-453, Sec. 10, Oct. 15, 1970, 84 Stat. 968, as amended by Pub. L. 102-240, title III, Sec. 3003(b), Dec. 18, 1991, 105 Stat. 2088, provided that: "The Secretary of Transportation shall in all ways (including 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 Federal Transit Act (49 U.S.C. 1602 and 1605) [now 49 U.S.C. 5309 and 5312], as amended by this Act." -FOOTNOTE- (!1) See References in text note below. (!2) So in original. Probably should be followed by a period. -End- -CITE- 49 USC Sec. 5310 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5310. Formula grants for special needs of elderly individuals and individuals with disabilities -STATUTE- (a) General Authority. - (1) Grants. - The Secretary may make grants to States and local governmental authorities under this section for public transportation capital projects planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities. (2) Subrecipients. - A State that receives a grant under this section may allocate the amounts provided under the grant to - (A) a private nonprofit organization, if the public transportation service provided under paragraph (1) is unavailable, insufficient, or inappropriate; or (B) a governmental authority that - (i) is approved by the State to coordinate services for elderly individuals and individuals with disabilities; or (ii) certifies that there are not any nonprofit organizations readily available in the area to provide the services described under paragraph (1). (3) Acquiring public transportation services. - A public transportation capital project under this section may include acquisition of public transportation services as an eligible capital expense. (4) Administrative expenses. - A State or local governmental authority may use not more than 10 percent of the amounts apportioned to the State under this section to administer, plan, and provide technical assistance for a project funded under this section. (b) Apportionment and Transfers. - (1) Formula. - The Secretary shall apportion amounts made available to carry out this section under a formula the Secretary administers that considers the number of elderly individuals and individuals with disabilities in each State. (2) Transfer of funds. - Any funds apportioned to a State under paragraph (1) may be transferred by the State to the apportionments made under sections 5311(c) and 5336 if such funds are only used for eligible projects selected under this section. (c) Government's Share of Costs. - (1) Capital projects. - (A) In general. - A grant for a capital project under this section shall be for 80 percent of the net capital costs of the project, as determined by the Secretary. (B) Exception. - A State described in section 120(b) of title 23 shall receive an increased Government share in accordance with the formula under that section. (2) Remainder. - The remainder of the net project costs - (A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; (B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and (C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23. (3) Use of certain funds. - For purposes of paragraph (2)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes. (d) Grant Requirements. - (1) In general. - A grant under this section shall be subject to all requirements of a grant under section 5307 to the extent the Secretary determines appropriate. (2) Certification requirements. - (A) Fund transfers. - A grant recipient under this section that transfers funds to a project funded under section 5336 in accordance with subsection (b)(2) shall certify that the project for which the funds are requested has been coordinated with private nonprofit providers of services under this section. (B) Project selection and plan development. - Beginning in fiscal year 2007, each grant recipient under this section shall certify that - (i) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and (ii) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public. (C) Allocations to subrecipients. - Each grant recipient under this section shall certify that allocations of the grant to subrecipients, if any, are distributed on a fair and equitable basis. (e) State Program of Projects. - (1) In general. - Amounts made available to carry out this section may be used for transportation projects to assist in providing transportation services for elderly individuals and individuals with disabilities that are included in a State program of projects. (2) Submission and approval. - A State shall submit to the Secretary annually for approval a program of projects. The program shall contain an assurance that the program provides for maximum feasible coordination of transportation services assisted under this section with transportation services assisted by other Government sources. (f) Leasing Vehicles. - Vehicles acquired under this section may be leased to local governmental authorities to improve transportation services designed to meet the special needs of elderly individuals and individuals with disabilities. (g) Meal Delivery for Homebound Individuals. - Public transportation service providers receiving assistance under this section or section 5311(c) may coordinate and assist in regularly providing meal delivery service for homebound individuals if the delivery service does not conflict with providing public transportation service or reduce service to public transportation passengers. (h) Transfers of Facilities and Equipment. - With the consent of the recipient in possession of a facility or equipment acquired with a grant 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. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 807; Pub. L. 105-178, title III, Sec. 3013(a), June 9, 1998, 112 Stat. 359; Pub. L. 109-59, title III, Secs. 3002(b)(2), 3012(a), Aug. 10, 2005, 119 Stat. 1544, 1589.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5310(a) 49 App.:1612(b) July 9, 1964, Pub. L. (1st sentence words 88-365, 78 Stat. 302, Sec. before cl. (1)), 16(b) (1st sentence); added cls. (1) (words Oct. 15, 1970, Pub. L. before 3d comma), 91-453, Sec. 8, 84 Stat. (2) (words before 967; restated Aug. 13, 1973, "with such grants"). Pub. L. 93-87, Sec. 301(g), 87 Stat. 295; Dec. 18, 1991, Pub. L. 102-240, Sec. 3021(1)- (4), 105 Stat. 2110. 5310(b) 49 App.:1612(c)(2), July 9, 1964, Pub. L. (3). 88-365, 78 Stat. 302, Sec. 16(c); added Dec. 18, 1991, Pub. L. 102-240, Sec. 3021(6), 105 Stat. 2110; Oct. 6, 1992, Pub. L. 102-388, Sec. 502(k), 106 Stat. 1567. 5310(c) 49 App.:1612(c)(1). 5310(d) 49 App.:1612(b) (1st sentence cl. (3)). 5310(e) 49 App.:1612(b) (1st sentence cls. (1) (words after 3d comma), (2) (words after "service under this subsection")). 5310(f) 49 App.:1612(e). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 16(e); added Jan. 6, 1983, Pub. L. 97-424, Sec. 317(c), 96 Stat. 2153; Apr. 2, 1987, Pub. L. 100-17, Sec. 327(a)(4), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102-240, Sec. 3021(1), (5), 105 Stat. 2110. 5310(g) 49 App.:1612(c)(4). 5310(h) 49 App.:1612(f). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 16(f); added Apr. 2, 1987, Pub. L. 100-17, Sec. 321, 101 Stat. 235; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3021(5), (7), 105 Stat. 2110, 2111. 5310(i) 49 App.:1614(g) July 9, 1964, Pub. L. (related to 88-365, 78 Stat. 302, Sec. 1612(b)). 18(g) (related to Sec. 16(b)); added Nov. 6, 1978, Pub. L. 95-599, Sec. 313, 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102-240, Sec. 3022, 105 Stat. 2111. 5310(j) 49 App.:1604b. Nov. 26, 1974, Pub. L. 93-503, Sec. 108, 88 Stat. 1572. -------------------------------------------------------------------- In this section, the words "governmental authorities" are substituted for "public bodies" because of section 5302(a) of the revised title. In subsection (a), before clause (1), the words "In addition to the grants and loans otherwise provided for under this chapter" are omitted as surplus. In clauses (1) and (2), the words "the specific purpose of" are omitted as surplus. In clause (1), the words "or agencies thereof" are omitted as surplus. In subsection (b), the words "for expenditure", "to the States", and "amounts of a" are omitted as surplus. In subsection (d), the words "A recipient of amounts under this section" are added for clarity to correct an error in the source provisions. The words "under a contract, lease, or other arrangement" are omitted as surplus. In subsection (e), the words "terms, conditions . . . and provisions" are omitted as surplus. In subsection (e)(1), the words "and is deemed" are substituted for "and being considered for the purposes of all other laws" for consistency in the revised title and with other titles of the United States Code. In subsection (e)(2), the words "insofar as may be appropriate" and "necessary or . . . for purposes of this paragraph" are omitted as surplus. In subsection (f), the words "any applicable" are omitted as surplus. The words "prescribe regulations establishing" are substituted for "not later than ninety days after January 6, 1983, publish in the Federal Register for public comment, proposed regulations and, not later than one hundred and eighty days after January 6, 1983, promulgate final regulations, establishing" to eliminate unnecessary and executed words. Section 3021(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 2110) is applied to 49 App.:1612(e) to carry out the apparent intent of Congress. In subsection (g), the words "not later than 60 days following December 18, 1991" are omitted as obsolete. The words "and agencies" are omitted as surplus. In subsection (j), the words "elderly individuals and individuals with disabilities" are substituted for "elderly and handicapped persons" for consistency. AMENDMENTS 2005 - Pub. L. 109-59, Sec. 3012(a), amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (j) relating to formula grants and loans for special needs of elderly individuals and individuals with disabilities. Subsec. (h). Pub. L. 109-59, Sec. 3002(b)(2), substituted "Public" for "Mass". 1998 - Pub. L. 105-178 substituted "Formula grants" for "Grants" in section catchline. ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES PILOT PROGRAM Pub. L. 109-59, title III, Sec. 3012(b), Aug. 10, 2005, 119 Stat. 1591, provided that: "(1) In general. - In fiscal year 2006, the Secretary [of Transportation] shall establish a pilot program that will allow Wisconsin, Alaska, Minnesota, Oregon, and 3 other States selected by the Secretary to use not more than 33 percent of the funds apportioned to each State to carry out section 5310 of title 49, United States Code, for operating costs associated with public transportation projects planned, designed, and carried out to meet the special needs of elderly individuals and individuals with disabilities under such section. The Secretary may base the selection of participating States on a State's exemplary coordination of public transit-human services transportation. The Secretary may require participants to collect data necessary to support the report to Congress required by paragraph (7). "(2) Planning coordination. - Recipients of funds made available consistent with this subsection shall certify that - "(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and "(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public. "(3) Government's share of costs. - Operating assistance under this subsection may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. The credit for any non-Federal share provided under this subsection shall not reduce nor replace State funds required to match Federal funds for formula grants for the special needs of elderly individuals and individuals with disabilities program authorized under section 5310 of title 49, United States Code. "(4) Remainder. - The remainder of the net project costs - "(A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and "(B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation. "(5) Use of certain funds. - For purposes of paragraph (4)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes. "(6) Eligible activities. - Projects eligible under the pilot program may include the collection of data necessary to support the report to Congress required by paragraph (7). "(7) Report. - Not later than 2 years after the date of enactment of this Act [Aug. 10, 2005], the Secretary shall transmit 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, which may include - "(A) the extent to which funds were used to subsidize existing paratransit service provided in compliance with the Americans with Disabilities Act of 1990 [42 U.S.C. 12101 et seq.]; "(B) whether States participating in the pilot program use the funds to provide services to persons with disabilities that exceed those services required by the Americans with Disabilities Act of 1990 differently than States not in the pilot program; "(C) whether States participating in this pilot program use the funds to provide services to individuals with disabilities that exceed those services required by the Americans with Disabilities Act of 1990 to the detriment of other eligible projects; "(D) the percentage of funds used to assist elderly individuals; "(E) the percentage of funds used to assist individuals with disabilities; "(F) the extent to which States participating in this pilot program serve a wider range of elderly, low income, and persons with disabilities populations; "(G) whether the pilot program improves services to elderly individuals and individuals with disabilities; "(H) the extent to which States participating in the pilot program were able to expand the range of transportation alternatives available to elderly individuals and individuals with disabilities; and "(I) whether the pilot program facilitates or discourages coordination with or integration of other funding sources. "(8) Sunset. - This subsection shall cease to be effective on September 30, 2009." OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM Pub. L. 105-178, title III, Sec. 3038, June 9, 1998, 112 Stat. 392, as amended by Pub. L. 105-206, title IX, Sec. 9009(x), July 22, 1998, 112 Stat. 862; Pub. L. 106-346, Sec. 101(a) [title III, Sec. 336], Oct. 23, 2000, 114 Stat. 1356, 1356A-31; Pub. L. 108-88, Sec. 8(m), Sept. 30, 2003, 117 Stat. 1125; Pub. L. 108-202, Sec. 9(m), Feb. 29, 2004, 118 Stat. 488; Pub. L. 108-224, Sec. 7(m), Apr. 30, 2004, 118 Stat. 636; Pub. L. 108-263, Sec. 7(m), June 30, 2004, 118 Stat. 707; Pub. L. 108-280, Sec. 7(m), July 30, 2004, 118 Stat. 885; Pub. L. 108-310, Sec. 8(m), Sept. 30, 2004, 118 Stat. 1158; Pub. L. 109-14, Sec. 7(l), May 31, 2005, 119 Stat. 333; Pub. L. 109-20, Sec. 7(l), July 1, 2005, 119 Stat. 355; Pub. L. 109-35, Sec. 7(l), July 20, 2005, 119 Stat. 388; Pub. L. 109-37, Sec. 7(l), July 22, 2005, 119 Stat. 403; Pub. L. 109-40, Sec. 7(l), July 28, 2005, 119 Stat. 420; Pub. L. 109-59, title III, Sec. 3039(a), Aug. 10, 2005, 119 Stat. 1638, provided that: "(a) Definitions. - In this section, the following definitions apply: "(1) Intercity, fixed-route over-the-road bus service. - The term 'intercity, fixed-route over-the-road bus service' means regularly scheduled bus service for the general public, using an over-the-road bus, that - "(A) operates with limited stops over fixed routes connecting 2 or more urban areas not in close proximity or connecting 1 or more rural communities with an urban area not in close proximity; "(B) has the capacity for transporting baggage carried by passengers; and "(C) makes meaningful connections with scheduled intercity bus service to more distant points. "(2) Other over-the-road bus service. - The term 'other over- the-road bus service' means any other transportation using over- the-road buses including local fixed-route service, commuter service, and charter or tour service (including tour or excursion service that includes features in addition to bus transportation such as meals, lodging, admission to points of interest or special attractions or the services of a tour guide). "(3) Over-the-road bus. - The term 'over-the-road bus' means a bus characterized by an elevated passenger deck located over a baggage compartment. "(b) General Authority. - The Secretary [of Transportation] shall make grants under this section to operators of over-the-road buses to finance the incremental capital and training costs of complying with the Department of Transportation's final rule regarding accessibility of over-the-road buses required by section 306(a)(2)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12186(a)(2)(B)). "(c) Grant Criteria. - In selecting applicants for grants under this section, the Secretary shall consider - "(1) the identified need for over-the-road bus accessibility for persons with disabilities in the areas served by the applicant; "(2) the extent to which the applicant demonstrates innovative strategies and financial commitment to providing access to over- the-road buses to persons with disabilities; "(3) the extent to which the over-the-road bus operator acquires equipment required by the final rule prior to any required timeframe in the final rule; "(4) the extent to which financing the costs of complying with the Department of Transportation's final rule regarding accessibility of over-the-road buses presents a financial hardship for the applicant; and "(5) the impact of accessibility requirements on the continuation of over-the-road bus service, with particular consideration of the impact of the requirements on service to rural areas and for low-income individuals. "(d) Competitive Grant Selection. - The Secretary shall conduct a national solicitation for applications for grants under this section. Grantees shall be selected on a competitive basis. "(e) Federal Share of Costs. - The Federal share of costs under this section shall be provided from funds made available to carry out this section and shall be determined in accordance with section 5323(i) of title 49, United States Code. "(f) Grant Requirements. - A grant under this section shall be subject to all of the terms and conditions applicable to subrecipients who provide intercity bus transportation under section 5311(f) of title 49, United States Code, and such other terms and conditions as the Secretary may prescribe. "(g) Funding. - "(1) Intercity, fixed route over-the-road bus service. - Of the amounts made available to carry out this section in each fiscal year, 75 percent shall be available for operators of over-the- road buses used substantially or exclusively in intercity, fixed- route over-the-road bus service to finance the incremental capital and training costs of the Department of Transportation's final rule regarding accessibility of over-the-road buses. Such amounts shall remain available until expended. "(2) Other over-the-road bus service. - Of the amounts made available to carry out this section in each fiscal year, 25 percent shall be available for operators of other over-the-road bus service to finance the incremental capital and training costs of the Department of Transportation's final rule regarding accessibility of over-the-road buses. Such amounts shall remain available until expended." -End- -CITE- 49 USC Sec. 5311 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5311. Formula grants for other than urbanized areas -STATUTE- (a) Definitions. - As used in this section, the following definitions shall apply: (1) Recipient. - The term "recipient" means a State or Indian tribe that receives a Federal transit program grant directly from the Federal Government. (2) Subrecipient. - The term "subrecipient" means a State or local governmental authority, a nonprofit organization, or an operator of public transportation or intercity bus service that receives Federal transit program grant funds indirectly through a recipient. (b) General Authority. - (1) Grants authorized. - Except as provided by paragraph (2), the Secretary may award grants under this section to recipients located in areas other than urbanized areas for - (A) public transportation capital projects; (B) operating costs of equipment and facilities for use in public transportation; and (C) the acquisition of public transportation services, including service agreements with private providers of public transportation services. (2) State program. - (A) In general. - A project eligible for a grant under this section shall be included in a State program for public transportation service projects, including agreements with private providers of public transportation service. (B) Submission to secretary. - Each State shall submit to the Secretary annually the program described in subparagraph (A). (C) Approval. - The Secretary may not approve the program unless the Secretary determines that - (i) the program provides a fair distribution of amounts in the State, including Indian reservations; and (ii) the program provides the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources. (3) Rural transportation assistance program. - (A) In general. - The Secretary shall carry out a rural transportation assistance program in other than urbanized areas. (B) Grants and contracts. - In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available to carry out this section to make grants and contracts for transportation research, technical assistance, training, and related support services in other than urbanized areas. (C) Projects of a national scope. - Not more than 15 percent of the amounts available under subparagraph (B) may be used by the Secretary to carry out projects of a national scope, with the remaining balance provided to the States. (4) Data collection. - Each recipient under this section shall submit an annual report to the Secretary containing information on capital investment, operations, and service provided with funds received under this section, including - (A) total annual revenue; (B) sources of revenue; (C) total annual operating costs; (D) total annual capital costs; (E) fleet size and type, and related facilities; (F) revenue vehicle miles; and (G) ridership. (c) Apportionments. - (1) Public transportation on indian reservations. - Of the amounts made available or appropriated for each fiscal year pursuant to subsections (a)(1)(C)(v) and (b)(2)(G) of section 5338, the following amounts shall be apportioned for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary: (A) $8,000,000 for fiscal year 2006. (B) $10,000,000 for fiscal year 2007. (C) $12,000,000 for fiscal year 2008. (D) $15,000,000 for fiscal year 2009. (2) Remaining amounts. - Of the amounts made available or appropriated for each fiscal year pursuant to subsections (a)(1)(C)(v) and (b)(2)(G) of section 5338 that are not apportioned under paragraph (1) - (A) 20 percent shall be apportioned to the States in accordance with paragraph (3); and (B) 80 percent shall be apportioned to the States in accordance with paragraph (4). (3) Apportionments based on land area in nonurbanized areas. - (A) In general. - Subject to subparagraph (B), each State shall receive an amount that is equal to the amount apportioned under paragraph (2)(A) multiplied by the ratio of the land area in areas other than urbanized areas in that State and divided by the land area in all areas other than urbanized areas in the United States, as shown by the most recent decennial census of population. (B) Maximum apportionment. - No State shall receive more than 5 percent of the amount apportioned under this paragraph. (4) Apportionments based on population in nonurbanized areas. - Each State shall receive an amount equal to the amount apportioned under paragraph (2)(B) multiplied by the ratio of the population of areas other than urbanized areas in that State divided by the population of all areas other than urbanized areas in the United States, as shown by the most recent decennial census of population. (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, Planning, and Technical Assistance. - 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 subrecipient, including project planning, program and management development, coordination of public transportation programs, and research the State considers appropriate to promote effective delivery of public transportation to an area other than an urbanized area. (f) Intercity Bus Transportation. - (1) In general. - A State shall expend at least 15 percent of the amount made available in each fiscal year 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 public transportation operations and intercity bus carriers. (2) Certification. - 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, after consultation with affected intercity bus service providers, that the intercity bus service needs of the State are being met adequately. (g) Government Share of Costs. - (1) Capital projects. - (A) In general. - Except as provided by subparagraph (B), a grant awarded under this section for any purpose other than operating assistance shall be for 80 percent of the net capital costs of the project, as determined by the Secretary. (B) Exception. - A State described in section 120(b) of title 23 shall receive a Government share of the net capital costs in accordance with the formula under that section. (2) Operating assistance. - (A) In general. - Except as provided by subparagraph (B), a grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. (B) Exception. - A State described in section 120(b) of title 23 shall receive a Government share of the net operating costs equal to 62.5 percent of the Government share provided for under paragraph (1)(B). (3) Remainder. - The remainder of net project costs - (A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; (B) may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and (C) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23. (4) Use of certain funds. - For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes. (5) Limitation on operating assistance. - 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. (h) 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. (i) Relationship to Other Laws. - (1) Sections 5323(a)(1)(D) (!1) and 5333(b) of this title apply to this section if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees. (2) This subsection does not affect or discharge a responsibility of the Secretary of Transportation under a law of the United States. -SOURCE- (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; Pub. L. 109-59, title III, Secs. 3002(b)(4), 3013(a)-(h), Aug. 10, 2005, 119 Stat. 1545, 1593-1596.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5311(a) 49 App.:1614(c) (3d July 9, 1964, Pub. L. sentence). 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) July 9, 1964, Pub. L. (1st sentence). 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 July 9, 1964, Pub. L. sentence). 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) July 9, 1964, Pub. L. (1st sentence). 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) July 9, 1964, Pub. L. (4th sentence). 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) July 9, 1964, Pub. L. (last sentence). 88-365, 78 Stat. 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) July 9, 1964, Pub. L. (last sentence). 88-365, 78 Stat. 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) July 9, 1964, Pub. L. (related to this 88-365, 78 Stat. 302, Sec. section). 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). -------------------------------------------------------------------- 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. -REFTEXT- REFERENCES IN TEXT Paragraph (1) of section 5323(a) of this title, referred to in subsec. (i)(1), was struck out and a new par. (1) enacted by Pub. L. 109-59, title III, Sec. 3023(a)(1), Aug. 10, 2005, 119 Stat. 1615, which does not contain a subpar. (D). -MISC2- AMENDMENTS 2005 - Subsec. (a). Pub. L. 109-59, Sec. 3013(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "In this section, 'recipient' includes a State authority, a local governmental authority, a nonprofit organization, and an operator of mass transportation service." Subsec. (b). Pub. L. 109-59, Sec. 3013(b), reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text read as follows: "(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." Subsec. (c). Pub. L. 109-59, Sec. 3013(c), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: "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." Subsec. (e). Pub. L. 109-59, Sec. 3013(d), inserted ", Planning," after "Administration" in heading and in text struck out "(1)" before "The Secretary", substituted "subrecipient" for "recipient", and struck out par. (2) which read as follows: "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." Subsec. (e)(1). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" in two places. Subsec. (f)(1). Pub. L. 109-59, Sec. 3013(e)(1), inserted heading, struck out "after September 30, 1993," after "in each fiscal year" in introductory provisions and realigned margins of subpars. (A) to (D). Subsec. (f)(1)(E). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (f)(2). Pub. L. 109-59, Sec. 3013(e)(2), inserted heading and substituted "Secretary, after consultation with affected intercity bus service providers," for "Secretary of Transportation". Subsec. (g). Pub. L. 109-59, Sec. 3013(f), substituted "Government" for "Government's" in heading and amended text generally. Prior to amendment, text read as follows: "(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." Subsec. (h). Pub. L. 109-59, Sec. 3013(g), redesignated subsec. (i) as (h) and struck out heading and text of former subsec. (h). Text read as follows: "An amount made available under this section may be used for operating assistance." Subsec. (i). Pub. L. 109-59, Sec. 3013(g)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h). Subsec. (i)(1). Pub. L. 109-59, Sec. 3013(h), which directed amendment of subsec. (j)(1) by substituting "if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees" for "but the Secretary of Labor may waive the application of section 5333(b)", was executed by making the substitution in subsec. (i)(1) to reflect the probable intent of Congress and the redesignation of subsec. (j) as (i) by Pub. L. 109-59, Sec. 3013(g)(2). See above. Subsec. (j). Pub. L. 109-59, Sec. 3013(g)(2), redesignated subsec. (j) as (i). 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. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 49 USC Sec. 5312 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5312. Research, development, demonstration, and deployment projects -STATUTE- (a) Research, Development, Demonstration, and Deployment Projects. - (1) In general. - The Secretary may make grants, contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the United States Government) for research, development, demonstration, and deployment projects, and evaluation of technology of national significance to public transportation, that the Secretary determines will improve public transportation service or help public transportation service meet the total transportation needs at a minimum cost. (2) Information. - The Secretary may request and receive appropriate information from any source. (3) Savings provision. - This subsection does not limit the authority of the Secretary under any other law. (b) Joint Partnership Program for Deployment of Innovation. - (1) Definition of consortium. - In this subsection, the term "consortium" - (A) means 1 or more public or private organizations located in the United States that provide public transportation service to the public and 1 or more businesses, including small- and medium-sized businesses, incorporated in a State, offering goods or services or willing to offer goods and services to public transportation operators; and (B) may include, as additional members, public or private research organizations located in the United States, or State or local governmental authorities. (2) General authority. - The Secretary may, under terms and conditions that the Secretary prescribes, enter into grants, contracts, cooperative agreements, and other agreements with consortia selected in accordance with paragraph (4), to promote the early deployment of innovation in public transportation services, management, operational practices, or technology that has broad applicability. This paragraph shall be carried out in consultation with the transit industry by competitively selected consortia that will share costs, risks, and rewards of early deployment of innovation. (3) Consortium contribution. - A consortium assisted under this subsection shall provide not less than 50 percent of the costs of any joint partnership project. Any business, organization, person, or governmental body may contribute funds to a joint partnership project. (4) Notice requirement. - The Secretary shall periodically give public notice of the technical areas for which joint partnerships are solicited, required qualifications of consortia desiring to participate, the method of selection and evaluation criteria to be used in selecting participating consortia and projects, and the process by which innovation projects described in paragraph (1) will be awarded. (5) Use of revenues. - The Secretary shall accept, to the maximum extent practicable, a portion of the revenues resulting from sales of an innovation project funded under this section. Such revenues shall be accounted for separately within the Mass Transit Account of the Highway Trust Fund and shall be available to the Secretary for activities under this subsection. Annual revenues that are less than $1,000,000 shall be available for obligation without further appropriation and shall not be subject to any obligation limitation. (c) International Mass (!1) Transportation Program. - (1) Activities. - The Secretary is authorized to engage in activities to inform the United States domestic public transportation community about technological innovations available in the international marketplace and activities that may afford domestic businesses the opportunity to become globally competitive in the export of public transportation products and services. Such activities may include - (A) development, monitoring, assessment, and dissemination domestically of information about worldwide public transportation market opportunities; (B) cooperation with foreign public sector entities in research, development, demonstration, training, and other forms of technology transfer and exchange of experts and information; (C) advocacy, in international public transportation markets, of firms, products, and services available from the United States; (D) informing the international market about the technical quality of public transportation products and services through participation in seminars, expositions, and similar activities; and (E) offering those Federal Transit Administration technical services which cannot be readily obtained from the United States private sector to foreign public authorities planning or undertaking public transportation projects if the cost of these services will be recovered under the terms of each project. (2) Cooperation. - The Secretary may carry out activities under this subsection in cooperation with other Federal agencies, State or local agencies, public or private nonprofit institutions, government laboratories, foreign governments, or any other organization the Secretary determines is appropriate. (3) Funding. - The funds available to carry out this subsection shall include revenues paid to the Secretary by any cooperating organization or person. Such revenues shall be available to the Secretary to carry out activities under this subsection, including promotional materials, travel, reception, and representation expenses necessary to carry out such activities. Annual revenues that are less than $1,000,000 shall be available for obligation without further appropriation and shall not be subject to any obligation limitation. Not later than January 1 of each fiscal year, the Secretary shall publish a report on the activities under this paragraph funded from the account. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 811; Pub. L. 105-178, title III, Sec. 3015(a), June 9, 1998, 112 Stat. 359; Pub. L. 109-59, title III, Secs. 3002(b)(4), 3014(a)-(e)(1), Aug. 10, 2005, 119 Stat. 1545, 1596, 1597.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5312(a) 49 App.:1605(a). July 9, 1964, Pub. L. 88-365, Sec. 6(a), 78 Stat. 305; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91-453, Sec. 13(b), 84 Stat. 969. 49 App.:1605(d). July 9, 1964, Pub. L. 88-365, Sec. 6(d), 78 Stat. 305; Sept. 8, 1966, Pub. L. 89-562, Sec. 3, 80 Stat. 717; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25. 5312(b)(1) 49 App.:1607c(a) July 9, 1964, Pub. L. (1st, 2d sentences). 88-365, 78 Stat. 302, Sec. 11(a); added Sept. 8, 1966, Pub. L. 89-562, Sec. 2(a)(2), 80 Stat. 716. 5312(b)(2) 49 App.:1607c(a) (3d sentence). 5312(b)(3) 49 App.:1607c(a) (last sentence). 5312(c)(1) 49 App.:1607b (1st July 9, 1964, Pub. L. sentence). 88-365, 78 Stat. 302, Sec. 10; added Sept. 8, 1966, Pub. L. 89-562, Sec. 2(a)(2), 80 Stat. 716; restated Nov. 6, 1978, Pub. L. 95-599, Sec. 306, 92 Stat. 2744. 5312(c)(2) 49 App.:1603(c) July 9, 1964, Pub. L. (1st sentence). 88-365, 78 Stat. 302, Sec. 4(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95-599, Sec. 303(e), 92 Stat. 2739; Apr. 2, 1987, Pub. L. 100-17, Sec. 320, 101 Stat. 235; Dec. 18, 1991, Pub. L. 102-240, Sec. 3006(h)(1), 105 Stat. 2090. 5312(c)(3) 49 App.:1607b (2d-last sentences). -------------------------------------------------------------------- In subsections (a) and (b)(1), the words "(or the Secretary of Housing and Urban Development when required by section 5334(i) of this title)" are added for clarity. In subsection (a), the word "working" is omitted as surplus. The words "departments, agencies, and instrumentalities of the United States Government" are substituted for "other Federal departments and agencies" for consistency in the revised title and with other titles of the United States Code. The words "all phases of", "(including the development, testing, and demonstration of new facilities, equipment, techniques, and methods)", "In carrying out the provisions of this section", "or data as he deems", "public or private", and "contained . . . section 1701d-3 of title 12 or . . . other provision of" are omitted as surplus. In subsection (b)(1), before clause (A), the words "public and private", "assist in establishing or carrying on comprehensive research in the problems of transportation in urban areas. Such grants shall be used to", and "and qualified" are omitted as surplus. In clause (A), the words "or both" are omitted as surplus. In subsection (b)(3), the word "appropriate" is added for clarity. In subsection (c)(1), the words "and agencies thereof" are omitted as surplus. In subsection (c)(3), before clause (A), the words "public or private training" and "the sum of" are omitted as surplus. In clause (B), the words "in connection with the fellowship" are omitted as surplus. AMENDMENTS 2005 - Pub. L. 109-59, Sec. 3014(e)(1), substituted "deployment" for "training" in section catchline. Subsec. (a). Pub. L. 109-59, Sec. 3014(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of Transportation (or the Secretary of Housing and Urban Development when required by section 5334(i) of this title) may undertake, or make grants or contracts (including agreements with departments, agencies, and instrumentalities of the United States Government) for, research, development, and demonstration projects related to urban mass transportation that the Secretary decides will help reduce urban transportation needs, improve mass transportation service, or help mass transportation service meet the total urban transportation needs at a minimum cost. The Secretary may request and receive appropriate information from any source. This subsection does not limit the authority of the Secretary under another law." Subsec. (b). Pub. L. 109-59, Sec. 3014(b), redesignated subsec. (d) as (b) and struck out former subsec. (b) which related to grants to nonprofit institutions of higher learning for research, investigations, and training. Subsec. (c). Pub. L. 109-59, Sec. 3014(b), redesignated subsec. (e) as (c) and struck out former subsec. (c) which related to grants to States, local governmental authorities, and operators of mass transportation systems for training fellowships and grants to State and local governmental authorities for projects that would use innovative techniques and methods in managing and providing mass transportation. Subsec. (c)(2). Pub. L. 109-59, Sec. 3014(c), substituted "public or private" for "public and private". Subsec. (c)(3). Pub. L. 109-59, Sec. 3014(d), struck out "shall be accounted for separately within the Mass Transit Account of the Highway Trust Fund and" after "Such revenues". Subsec. (d). Pub. L. 109-59, Sec. 3014(b), redesignated subsec. (d) as (b). Subsec. (d)(1)(A), (2). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing. Subsec. (e). Pub. L. 109-59, Sec. 3014(b), redesignated subsec. (e) as (c). Subsec. (e)(1). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing. 1998 - Subsecs. (d), (e). Pub. L. 105-178 added subsecs. (d) and (e). -FOOTNOTE- (!1) So in original. Probably should be "Public". -End- -CITE- 49 USC Sec. 5313 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5313. Transit cooperative research program -STATUTE- (a) Cooperative Research Program. - The amounts made available under subsections (a)(5)(C)(iii) and (d)(1) of section 5338 are available for a public transportation cooperative research program. The Secretary of Transportation shall establish an independent governing board for the program. The board shall recommend public transportation research, development, and technology transfer activities the Secretary considers appropriate. (b) Federal Assistance. - The Secretary may make grants to, and cooperative agreements with, the National Academy of Sciences to carry out activities under this subsection that the Secretary decides are appropriate. (c) Government's Share. - If there would be a clear and direct financial benefit to an entity under a grant or contract financed under this section, the Secretary shall establish a Government share consistent with that benefit. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105-178, title III, Sec. 3029(b)(4), (5), June 9, 1998, 112 Stat. 372; Pub. L. 109-59, title III, Secs. 3002(b)(4), 3015(a), (b)(1), Aug. 10, 2005, 119 Stat. 1545, 1597.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5313(a) 49 App.:1622(a)(1). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 26(a); added Dec. 18, 1991, Pub. L. 102-240, Sec. 3030, 105 Stat. 2117; Oct. 6, 1992, Pub. L. 102-388, Sec. 502(r), 106 Stat. 1567. 5313(b) 49 App.:1622(a)(2). 5313(c) 49 App.:1622(b)(8) July 9, 1964, Pub. L. (related to 88-365, 78 Stat. 302, Sec. subsection (a)(1)). 26(b)(8) (related to subsection (a)(1)); added Dec. 18, 1991, Pub. L. 102-240, Sec. 3030, 103 Stat. 2119. -------------------------------------------------------------------- In subsection (b)(1), the word "total" is omitted as surplus. In subsection (b)(2), the word "subsection" in the source provision is translated as if it were "paragraph" to reflect the apparent intent of Congress. In subsection (b)(3)(A), the words "for obligation", "a period of", and "the close of" are omitted as surplus. AMENDMENTS 2005 - Pub. L. 109-59, Sec. 3015(b)(1), substituted "Transit cooperative research program" for "State planning and research programs" in section catchline. Subsec. (a). Pub. L. 109-59, Sec. 3015(a)(2), redesignated par. (2) as subsec. (b) and directed amendment of subsec. (a) by substituting "The amounts made available under subsections (a)(5)(C)(iii) and (d)(1) of section 5338" for "(1) The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c) of this title", which was executed by making the substitution for "(1) The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(d) of this title", to reflect the probable intent of Congress. Subsec. (a)(1). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" in two places. Subsec. (b). Pub. L. 109-59, Sec. 3015(a)(1), (2)(B), redesignated subsec. (a)(2) as (b), inserted heading, and struck out former subsec. (b) which related to apportionment of amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c) of this title to States for grants and contracts consistent with the purposes of sections 5303-5306, 5312, 5315, 5317, and 5322 of this title. Subsec. (c). Pub. L. 109-59, Sec. 3015(a)(3), reenacted heading without change and amended text of subsec. (c) generally. Prior to amendment, text read as follows: "When there would be a clear and direct financial benefit to an entity under a grant or contract financed under subsection (a) of this section, the Secretary shall establish a United States Government share consistent with the benefit." 1998 - Subsec. (a)(1). Pub. L. 105-178, Sec. 3029(b)(4), substituted "The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(d)" for "Fifty percent of the amounts made available under section 5338(g)(3)". Subsec. (b)(1). Pub. L. 105-178, Sec. 3029(b)(5), substituted "The amounts made available under paragraphs (1) and (2)(C)(ii) of section 5338(c)" for "Fifty percent of the amounts made available under section 5338(g)(3)". -End- -CITE- 49 USC Sec. 5314 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5314. National research programs -STATUTE- (a) Program. - (1) The amounts made available under section 5338(d) are available to the Secretary of Transportation for grants, contracts, cooperative agreements, or other agreements for the purposes of sections 5312, 5315, and 5322 of this title, as the Secretary considers appropriate. (2) The Secretary shall provide public transportation-related technical assistance, demonstration programs, research, public education, and other activities the Secretary considers appropriate to help public transportation providers comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). To the extent practicable, the Secretary shall carry out this paragraph through a contract with a national nonprofit organization serving individuals with disabilities that has a demonstrated capacity to carry out the activities. (3) Not more than 25 percent of the amounts available under paragraph (1) of this subsection is available to the Secretary for special demonstration initiatives, subject to terms the Secretary considers consistent with this chapter, except that section 5323(a)(1)(D) (!1) of this title applies to an operational grant financed in carrying out section 5312(a) of this title. For a nonrenewable grant of not more than $100,000, the Secretary shall provide expedited procedures on complying with the requirements of this chapter. (4)(A) The Secretary may undertake a program of public transportation technology development in coordination with affected entities. (B) The Secretary shall develop guidelines for cost sharing in technology development projects financed under this paragraph. The guidelines shall be flexible and reflect the extent of technical risk, market risk, and anticipated supplier benefits and payback periods. (5) The Secretary may use amounts appropriated under this subsection to supplement amounts available under section 5313(a) of this title, as the Secretary considers appropriate. (6) Medical transportation demonstration grants. - (A) Grants authorized. - The Secretary may award demonstration grants, from funds made available under paragraph (1), to eligible entities to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease. (B) Eligible entities. - An entity shall be eligible to receive a grant under this paragraph if the entity - (i) meets the conditions described in section 501(c)(3) of the Internal Revenue Code of 1986; or (ii) is an agency of a State or unit of local government. (C) Use of funds. - Grant funds received under this paragraph may be used to provide transportation services to individuals to access dialysis treatments and other medical treatments for renal disease. (D) Application. - (i) In general. - Each eligible entity desiring a grant under this paragraph shall submit an application to the Secretary at such time, at such place, and containing such information as the Secretary may reasonably require. (ii) Selection of grantees. - In awarding grants under this paragraph, the Secretary shall give preference to eligible entities from communities with - (I) high incidence of renal disease; and (II) limited access to dialysis facilities. (E) Rulemaking. - The Secretary shall issue regulations to implement and administer the grant program established under this paragraph. (F) Report. - The Secretary shall submit a report on the results of the demonstration projects funded under this paragraph to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (b) Government's Share. - When there would be a clear and direct financial benefit to an entity under a grant, contract, cooperative agreement, or other agreement under subsection (a) or section 5312, the Secretary shall establish a United States Government share consistent with the benefit. (c) National Technical Assistance Center for Senior Transportation. - (1) Establishment. - The Secretary shall award grants to a national not-for-profit organization for the establishment and maintenance of a national technical assistance center. (2) Eligibility. - An organization shall be eligible to receive a grant under paragraph (1) if the organization - (A) focuses significantly on serving the needs of the elderly; (B) has demonstrated knowledge and expertise in senior transportation policy and planning issues; (C) has affiliates in a majority of the States; (D) has the capacity to convene local groups to consult on operation and development of senior transportation programs; and (E) has established close working relationships with the Federal Transit Administration and the Administration on Aging. (3) Use of funds. - The national technical assistance center established under this section shall - (A) gather best practices from throughout the Nation and provide such practices to local communities that are implementing senior transportation programs; (B) work with teams from local communities to identify how the communities are successfully meeting the transportation needs of senior citizens and any gaps in services in order to create a plan for an integrated senior transportation program; (C) provide resources on ways to pay for senior transportation services; (D) create a web site to publicize and circulate information on senior transportation programs; (E) establish a clearinghouse for print, video, and audio resources on senior mobility; and (F) administer the demonstration grant program established under paragraph (4). (4) Grants authorized. - (A) In general. - The national technical assistance center established under this section, in consultation with the Federal Transit Administration, shall award senior transportation demonstration grants to - (i) local transportation organizations; (ii) State agencies; (iii) units of local government; and (iv) nonprofit organizations. (B) Use of funds. - Grant funds received under this paragraph may be used to - (i) evaluate the state of transportation services for senior citizens; (ii) recognize barriers to mobility that senior citizens encounter in their communities; (iii) establish partnerships and promote coordination among community stakeholders, including public, not-for-profit, and for-profit providers of transportation services for senior citizens; (iv) identify future transportation needs of senior citizens within local communities; and (v) establish strategies to meet the unique needs of healthy and frail senior citizens. (C) Selection of grantees. - The Secretary shall select grantees under this paragraph based on a fair representation of various geographical locations throughout the United States. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 812; Pub. L. 105-178, title III, Secs. 3016, 3029(b)(6), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109-59, title III, Secs. 3002(b)(4), 3016(a), (b), Aug. 10, 2005, 119 Stat. 1545, 1598, 1599.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5314(a) 49 App.:1622(b) July 9, 1964, Pub. L. (1)-(7). 88-365, 78 Stat. 302, Sec. 26(b)(1)-(8) (related to this subsection); added Dec. 18, 1991, Pub. L. 102-240, Sec. 3030, 105 Stat. 2118. 5314(b) 49 App.:1622(b)(8) (related to this subsection). -------------------------------------------------------------------- In subsection (a)(2), the word "subsection" in the source provision is translated as if it were "paragraph" to reflect the apparent intent of Congress. In subsection (a)(3), the words "conditions, requirements, and provisions" are omitted as being included in "terms". In subsection (a)(4)(C), the word "section" in the source provision is translated as if it were "paragraph" to reflect the apparent intent of Congress. -REFTEXT- REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in subsec. (a)(2), 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. Paragraph (1) of section 5323(a) of this title, referred to in subsec. (a)(3), was struck out and a new par. (1) enacted by Pub. L. 109-59, title III, Sec. 3023(a)(1), Aug. 10, 2005, 119 Stat. 1615, which does not contain a subpar. (D). Section 501(c)(3) of the Internal Revenue Code of 1986, referred to in subsec. (a)(6)(B)(i), is classified to section 501(c)(3) of Title 26, Internal Revenue Code. -MISC2- AMENDMENTS 2005 - Pub. L. 109-59, Sec. 3016(a)(1), struck out "planning and" before "research" in section catchline. Subsec. (a)(1). Pub. L. 109-59, Sec. 3016(a)(2), substituted "section 5338(d)" for "subsections (d) and (h)(7) of section 5338 of this title" and ", contracts, cooperative agreements, or other agreements" for "and contracts" and struck out "5303-5306," before "5312," and "5317," before "and 5322". Subsec. (a)(2). Pub. L. 109-59, Sec. 3016(a)(3), substituted "The Secretary shall" for "Of the amounts made available under paragraph (1) of this subsection, the Secretary shall make available at least $3,000,000 to". Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation-related" for "mass transportation-related" and "public transportation" for "mass transportation". Subsec. (a)(4)(A). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (a)(4)(B), (C). Pub. L. 109-59, Sec. 3016(a)(4), (5), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: "The Secretary shall establish an Industry Technical Panel composed of representatives of transportation suppliers and operators and others involved in technology development. A majority of the Panel members shall represent the supply industry. The Panel shall assist the Secretary in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution." Subsec. (a)(6). Pub. L. 109-59, Sec. 3016(a)(6), added par. (6). Subsec. (b). Pub. L. 109-59, Sec. 3016(a)(7), substituted ", contract, cooperative agreement, or other agreement under subsection (a) or section 5312," for "or contract financed under subsection (a) of this section,". Subsec. (c). Pub. L. 109-59, Sec. 3016(b), added subsec. (c). 1998 - Subsec. (a)(1). Pub. L. 105-178, Sec. 3029(b)(6), substituted "subsections (d) and (h)(7) of section 5338" for "section 5338(g)(4)". Subsec. (a)(2). Pub. L. 105-178, Sec. 3016, substituted "$3,000,000" for "$2,000,000". -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 49 USC Sec. 5315 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5315. National transit institute -STATUTE- (a) Establishment. - The Secretary shall award grants to Rutgers University to conduct a national transit institute. (b) Duties. - (1) In general. - In cooperation with the Federal Transit Administration, State transportation departments, public transportation authorities, and national and international entities, the institute established under subsection (a) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work. (2) Training and educational programs. - The training and educational programs developed under paragraph (1) may include courses in recent developments, techniques, and procedures related to - (A) intermodal and public transportation planning; (B) management; (C) environmental factors; (D) acquisition and joint use rights-of-way; (E) engineering and architectural design; (F) procurement strategies for public transportation systems; (G) turnkey approaches to delivering public transportation systems; (H) new technologies; (I) emission reduction technologies; (J) ways to make public transportation accessible to individuals with disabilities; (K) construction, construction management, insurance, and risk management; (L) maintenance; (M) contract administration; (N) inspection; (O) innovative finance; (P) workplace safety; and (Q) public transportation security. (c) Providing Education and Training. - Education and training of Government, State, and local transportation employees under this section shall be provided - (1) by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or (2) when the education and training are paid under subsection (d) of this section, by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute. (d) Availability of Amounts. - Not more than .5 percent of the amounts made available for a fiscal year beginning after September 30, 1991, to a State or public transportation authority in the State to carry out sections 5307 and 5309 of this title is available for expenditure by the State and public transportation authorities in the State, with the approval of the Secretary, to pay not more than 80 percent of the cost of tuition and direct educational expenses related to educating and training State and local transportation employees under this section. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 813; Pub. L. 104-287, Sec. 5(13), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105- 178, title III, Sec. 3017(a), June 9, 1998, 112 Stat. 361; Pub. L. 105-206, title IX, Sec. 9009(l), July 22, 1998, 112 Stat. 857; Pub. L. 109-59, title III, Sec. 3017, Aug. 10, 2005, 119 Stat. 1600.) -MISC1- HISTORICAL AND REVISION NOTES PUB. L. 103-272 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5315(a) 49 App.:1625(a) July 9, 1964, Pub. L. (1st-3d sentences). 88-365, 78 Stat. 302, Sec. 29(a)-(c); added Dec. 18, 1991, Pub. L. 102-240, Sec. 6022, 105 Stat. 2185. 5315(b) 49 App.:1625(a) (last sentence). 5315(c) 49 App.:1625(c). 5315(d) 49 App.:1625(b). -------------------------------------------------------------------- In subsection (a), before clause (1), the word "conduct" is substituted for "administer" for consistency in this section. In subsection (d), the word "department" is omitted for consistency in this section. PUB. L. 104-287 This amends 49:5315(d), 5317(b)(5), and 5323(b)(1), (c), and (e) to correct erroneous cross-references. AMENDMENTS 2005 - Subsecs. (a), (b). Pub. L. 109-59, Sec. 3017(a), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to establishment and duties of a national transit institute in subsec. (a) and delegation to the institute of the authority of the Secretary to develop and conduct educational and training programs related to mass transportation in subsec. (b). Subsec. (d). Pub. L. 109-59, Sec. 3017(b), struck out "mass" after "public" in two places. 1998 - Pub. L. 105-178, Sec. 3017(a)(1), as amended by Pub. L. 105-206 substituted "transit" for "mass transportation" in section catchline. Subsec. (a). Pub. L. 105-178, Sec. 3017(a)(2)(A), as amended by Pub. L. 105-206 substituted "national transit institute" for "national mass transportation institute" in introductory provisions. Subsec. (a)(5). Pub. L. 105-178, Sec. 3017(a)(2)(B), as amended by Pub. L. 105-206 inserted "and architectural design" before semicolon at end. Subsec. (a)(7). Pub. L. 105-178, Sec. 3017(a)(2)(C), as amended by Pub. L. 105-206 substituted "delivering" for "carrying out". Subsec. (a)(11). Pub. L. 105-178, Sec. 3017(a)(2)(D), as amended by Pub. L. 105-206 inserted ", construction management, insurance, and risk management" before semicolon at end. Subsec. (a)(15), (16). Pub. L. 105-178, Sec. 3017(a)(2)(E)-(G), as amended by Pub. L. 105-206 added pars. (15) and (16). 1996 - Subsec. (d). Pub. L. 104-287 substituted "sections 5307 and 5309" for "sections 5304 and 5306". 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. -End- -CITE- 49 USC Sec. 5316 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5316. Job access and reverse commute formula grants -STATUTE- (a) Definitions. - In this section, the following definitions apply: (1) Access to jobs project. - The term "access to jobs project" means a project relating to the development and maintenance of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment, including - (A) transportation projects to finance planning, capital, and operating costs of providing access to jobs under this chapter; (B) promoting public transportation by low-income workers, including the use of public transportation by workers with nontraditional work schedules; (C) promoting the use of transit vouchers for welfare recipients and eligible low-income individuals; and (D) promoting the use of employer-provided transportation, including the transit pass benefit program under section 132 of the Internal Revenue Code of 1986. (2) Eligible low-income individual. - The term "eligible low- income individual" means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved. (3) Recipient. - The term "recipient" means a designated recipient (as defined in section 5307(a)(2)) and a State that receives a grant under this section directly. (4) Reverse commute project. - The term "reverse commute project" means a public transportation project designed to transport residents of urbanized areas and other than urbanized areas to suburban employment opportunities, including any projects to - (A) subsidize the costs associated with adding reverse commute bus, train, carpool, van routes, or service from urbanized areas and other than urbanized areas to suburban workplaces; (B) subsidize the purchase or lease by a nonprofit organization or public agency of a van or bus dedicated to shuttling employees from their residences to a suburban workplace; or (C) otherwise facilitate the provision of public transportation services to suburban employment opportunities. (5) Subrecipient. - The term "subrecipient" means a State or local governmental authority, nonprofit organization, or operator of public transportation services that receives a grant under this section indirectly through a recipient. (6) Welfare recipient. - The term "welfare recipient" means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act at any time during the 3-year period before the date on which the applicant applies for a grant under this section. (b) General Authority. - (1) Grants. - The Secretary may make grants under this section to a recipient for access to jobs and reverse commute projects carried out by the recipient or a subrecipient. (2) Administrative expenses. - A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. (c) Apportionments. - (1) Formula. - The Secretary shall apportion amounts made available for a fiscal year to carry out this section as follows: (A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that - (i) the number of eligible low-income individuals and welfare recipients in each such urbanized area; bears to (ii) the number of eligible low-income individuals and welfare recipients in all such urbanized areas. (B) 20 percent of the funds shall be apportioned among the States in the ratio that - (i) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in each State; bears to (ii) the number of eligible low-income individuals and welfare recipients in urbanized areas with a population of less than 200,000 in all States. (C) 20 percent of the funds shall be apportioned among the States in the ratio that - (i) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in each State; bears to (ii) the number of eligible low-income individuals and welfare recipients in other than urbanized areas in all States. (2) Use of apportioned funds. - Except as provided in paragraph (3) - (A) funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more; (B) funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000; and (C) funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas. (3) Exceptions. - A State may use funds apportioned under paragraphs (1)(B) and (1)(C) - (A) for projects serving areas other than the area specified in paragraph (2)(B) or (2)(C), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the specified area; or (B) for projects anywhere in the State if the State has established a statewide program for meeting the objectives of this section. (d) Competitive Process for Grants to Subrecipients. - (1) Areawide solicitations. - A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants to the recipient and subrecipients under this section. (2) Statewide solicitation. - A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide solicitation for applications for grants to the recipient and subrecipients under this section. (3) Application. - Recipients and subrecipients seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient an application in the form and in accordance with such requirements as the recipient shall establish. (4) Grant awards. - The recipient shall award grants under paragraphs (1) and (2) on a competitive basis. (e) Transfers. - (1) In general. - A State may transfer any funds apportioned to it under subsection (c)(1)(B) or (c)(1)(C), or both, to an apportionment under section 5311(c) or 5336, or both. (2) Limited to eligible projects. - Any apportionment transferred under this subsection shall be made available only for eligible job access and reverse commute projects as described in this section. (3) Consultation. - A State may make a transfer of an amount under this subsection only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was awarded under subsection (d)(4). (f) Grant Requirements. - (1) In general. - A grant under this section shall be subject to the requirements of section 5307. (2) Fair and equitable distribution. - A recipient of a grant under this section shall certify to the Secretary that allocations of the grant to subrecipients are distributed on a fair and equitable basis. (g) Coordination. - (1) In general. - The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies. (2) With nonprofit providers. - A State that transfers funds to an apportionment under section 5336 pursuant to subsection (e) shall certify to the Secretary that any project for which the funds are requested under this section has been coordinated with nonprofit providers of services. (3) Project selection and planning. - A recipient of funds under this section shall certify to the Secretary that - (A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and (B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public. (h) Government's Share of Costs. - (1) Capital projects. - A grant for a capital project under this section may not exceed 80 percent of the net capital costs of the project, as determined by the Secretary. (2) Operating assistance. - A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. (3) Remainder. - The remainder of the net project costs - (A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and (B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation. (4) Use of certain funds. - For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes. (5) Limitation on operating assistance. - A recipient 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. (i) Program Evaluation. - (1) Comptroller general. - Beginning one year after the date of enactment of the Federal Public Transportation Act of 2005, and every 2 years thereafter, the Comptroller General shall - (A) conduct a study to evaluate the grant program authorized by this section; and (B) transmit 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 describing the results of the study under subparagraph (A). (2) Department of transportation. - Not later than 3 years after the date of enactment of (!1) Federal Public Transportation Act of 2005, the Secretary shall - (A) conduct a study to evaluate the effectiveness of the grant program authorized by this section and the effectiveness of recipients making grants to subrecipients under this section; and (B) transmit to the committees referred to in paragraph (1)(B) a report describing the results of the study under subparagraph (A). -SOURCE- (Added Pub. L. 109-59, title III, Sec. 3018(a), Aug. 10, 2005, 119 Stat. 1601.) -REFTEXT- REFERENCES IN TEXT Section 132 of the Internal Revenue Code of 1986, referred to in subsec. (a)(1)(D), is classified to section 132 of Title 26, Internal Revenue Code. The Social Security Act, referred to in subsec. (a)(6), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title IV of the Act is classified generally to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (i), is the date of enactment of title III of Pub. L. 109-59, which was approved Aug. 10, 2005. -MISC1- PRIOR PROVISIONS A prior section 5316, Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 814; Pub. L. 104-59, title III, Sec. 338(c)(5), Nov. 28, 1995, 109 Stat. 605, related to university research institutes, prior to repeal by Pub. L. 105-178, title V, Sec. 5110(c), June 9, 1998, 112 Stat. 444. -FOOTNOTE- (!1) So in original. Probably should be followed by "the". -End- -CITE- 49 USC Sec. 5317 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5317. New freedom program -STATUTE- (a) Definitions. - In this section, the following definitions apply: (1) Recipient. - The term "recipient" means a designated recipient (as defined in section 5307(a)(2)) and a State that receives a grant under this section directly. (2) Subrecipient. - The term "subrecipient" means a State or local governmental authority, nonprofit organization, or operator of public transportation services that receives a grant under this section indirectly through a recipient. (b) General Authority. - (1) Grants. - The Secretary may make grants under this section to a recipient for new public transportation services and public transportation alternatives beyond those required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) that assist individuals with disabilities with transportation, including transportation to and from jobs and employment support services. (2) Administrative expenses. - A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. (c) Apportionments. - (1) Formula. - The Secretary shall apportion amounts made available to carry out this section as follows: (A) 60 percent of the funds shall be apportioned among designated recipients (as defined in section 5307(a)(2)) for urbanized areas with a population of 200,000 or more in the ratio that - (i) the number of individuals with disabilities in each such urbanized area; bears to (ii) the number of individuals with disabilities in all such urbanized areas. (B) 20 percent of the funds shall be apportioned among the States in the ratio that - (i) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in each State; bears to (ii) the number of individuals with disabilities in urbanized areas with a population of less than 200,000 in all States. (C) 20 percent of the funds shall be apportioned among the States in the ratio that - (i) the number of individuals with disabilities in other than urbanized areas in each State; bears to (ii) the number of individuals with disabilities in other than urbanized areas in all States. (2) Use of apportioned funds. - Funds apportioned under paragraph (1) shall be used for projects as follows: (A) Funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more. (B) Funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of less than 200,000. (C) Funds apportioned under paragraph (1)(C) shall be used for projects serving other than urbanized areas. (3) Transfers. - (A) In general. - A State may transfer any funds apportioned to it under paragraph (1)(B) or (1)(C), or both, to an apportionment under section 5311(c) or 5336, or both. (B) Limited to eligible projects. - Any funds transferred pursuant to this paragraph shall be made available only for eligible projects selected under this section. (C) Consultation. - A State may make a transfer of an amount under this subsection only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was awarded under subsection (d)(4). (d) Competitive Process for Grants to Subrecipients. - (1) Areawide solicitations. - A recipient of funds apportioned under subsection (c)(1)(A) shall conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants to the recipient and subrecipients under this section. (2) Statewide solicitation. - A recipient of funds apportioned under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide solicitation for applications for grants to the recipient and subrecipients under this section. (3) Application. - Recipients and subrecipients seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient an application in the form and in accordance with such requirements as the recipient shall establish. (4) Grant awards. - The recipient shall award grants under paragraphs (1) and (2) on a competitive basis. (e) Grant Requirements. - (1) In general. - A grant under this section shall be subject to all the requirements of section 5310 to the extent the Secretary considers appropriate. (2) Fair and equitable distribution. - A recipient of a grant under this section shall certify that allocations of the grant to subrecipients are distributed on a fair and equitable basis. (f) Coordination. - (1) In general. - The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies. (2) With nonprofit providers. - A recipient that transfers funds to an apportionment under section 5336 pursuant to subsection (c)(2) shall certify that the project for which the funds are requested under this section has been coordinated with nonprofit providers of services. (3) Project selection and planning. - Beginning in fiscal year 2007, a recipient of funds under this section shall certify that - (A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and (B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public. (g) Government's Share of Costs. - (1) Capital projects. - A grant for a capital project under this section may not exceed 80 percent of the net capital costs of the project, as determined by the Secretary. (2) Operating assistance. - A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. (3) Remainder. - The remainder of the net project costs - (A) may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and (B) may be derived from amounts appropriated to or made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation. (4) Use of certain funds. - For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State funds to be used for transportation purposes. (5) Limitation on operating assistance. - A recipient 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. -SOURCE- (Added Pub. L. 109-59, title III, Sec. 3019(a), Aug. 10, 2005, 119 Stat. 1605.) -REFTEXT- REFERENCES IN TEXT The Americans with Disabilities Act of 1990, referred to in subsec. (b)(1), 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. -MISC1- PRIOR PROVISIONS A prior section 5317, Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 815; Pub. L. 104-287, Sec. 5(14), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105-178, title III, Sec. 3029(b)(7), June 9, 1998, 112 Stat. 372, related to transportation centers, prior to repeal by Pub. L. 105-178, title V, Sec. 5110(c), June 9, 1998, 112 Stat. 444. -End- -CITE- 49 USC Sec. 5318 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5318. Bus testing facility -STATUTE- (a) Facility. - The Secretary shall maintain one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. (b) Operation and Maintenance. - The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, a qualified person or organization to operate and maintain the facility. The contract, cooperative agreement, or grant may provide for the testing of rail cars and other public transportation vehicles at the facility. (c) Fees. - The person operating and maintaining the facility shall establish and collect fees for the testing of vehicles at the facility. The Secretary must approve the fees. (d) Availability of Amounts To Pay for Testing. - The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, the operator of the facility under which the Secretary shall pay 80 percent of the cost of testing a vehicle at the facility from amounts available to carry out this section. The entity having the vehicle tested shall pay 20 percent of the cost. (e) Acquiring New Bus Models. - Amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model only if a bus of that model has been tested at the facility maintained by the Secretary under subsection (a). -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 817; Pub. L. 103-429, Sec. 6(8), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105-178, title III, Secs. 3018, 3029(b)(8), June 9, 1998, 112 Stat. 361, 372; Pub. L. 109-59, title III, Secs. 3002(b)(4), 3020, Aug. 10, 2005, 119 Stat. 1545, 1608.) -MISC1- HISTORICAL AND REVISION NOTES PUB. L. 103-272 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5318(a) 49 App.:1608 (note). Apr. 2, 1987, Pub. L. 100-17, Sec. 317(b)(1), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102-240, Sec. 6021(b), 105 Stat. 2184. 5318(b) 49 App.:1608 (note). Apr. 2, 1987, Pub. L. 100-17, Sec. 317(b)(2), 101 Stat. 233. 5318(c) 49 App.:1608 (note). Apr. 2, 1987, Pub. L. 100-17, Sec. 317(b)(3), 101 Stat. 233. 5318(d) 49 App.:1602(m) July 9, 1964, Pub. L. (2d-last sentences). 88-365, 78 Stat. 302, Sec. 3(m) (2d-last sentences); added Dec. 18, 1991, Pub. L. 102-240, Sec. 3009, 105 Stat. 2093. 5318(e) 49 App.:1608 (note). Apr. 2, 1987, Pub. L. 100-17, Sec. 317(b)(5), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102-240, Sec. 6021(c), 105 Stat. 2184. 49 App.:1608 (note). Apr. 2, 1987, Pub. L. 100-17, 101 Stat. 132, Sec. 317(b)(6); added Dec. 18, 1991, Pub. L. 102-240, Sec. 6021(d), 105 Stat. 2184. -------------------------------------------------------------------- In subsection (c), the words "Under the contract entered into under paragraph (2)" are omitted as surplus. In subsection (d), the words "to the operator of the facility" are omitted as surplus. In subsection (e), the text of section 317(b)(5) of the Surface Transportation and Relocation Assistance Act of 1987 (Public Law 100-17, 101 Stat. 132) is omitted as obsolete. The words "operating and maintaining the facility" are substituted for "described in paragraph (3)" for clarity. PUB. L. 103-429 This amends 49:5318(e) to correct an erroneous cross-reference. AMENDMENTS 2005 - Subsec. (a). Pub. L. 109-59, Sec. 3020(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of Transportation shall establish one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. The facility shall be established by renovating a facility built with assistance of the United States Government to train rail personnel." Subsec. (b). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation". Subsec. (d). Pub. L. 109-59, Sec. 3020(b), substituted "to carry out this section" for "under section 5309(m)(1)(C) of this title". Subsec. (e). Pub. L. 109-59, Sec. 3020(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: "The Secretary has a bus testing revolving loan fund consisting of amounts authorized for the fund under section 317(b)(5) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. The Secretary shall make available as repayable advances from the fund to the person operating and maintaining the facility amounts to operate and maintain the facility." 1998 - Subsec. (b). Pub. L. 105-178, Sec. 3018(a), substituted "enter into a contract or cooperative agreement with, or make a grant to," for "make a contract with" and inserted "or organization" after "qualified person", ", cooperative agreement, or grant" after "The contract", and "mass transportation" after "and other". Subsec. (d). Pub. L. 105-178, Secs. 3018(b), 3029(b)(8), substituted "enter into a contract or cooperative agreement with, or make a grant to," for "make a contract with" and "5309(m)(1)(C) of this title" for "5338(j)(5) of this title". 1994 - Subsec. (e). Pub. L. 103-429 inserted "Uniform" before "Relocation". 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. -End- -CITE- 49 USC Sec. 5319 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5319. Bicycle facilities -STATUTE- A project to provide access for bicycles to public transportation facilities, to provide shelters and parking facilities for bicycles in or around public transportation facilities, or to install equipment for transporting bicycles on public transportation vehicles is a capital project eligible for assistance under sections 5307, 5309, and 5311 of this title. Notwithstanding sections 5307(e), 5309(h), and 5311(g) of this title, a grant of the United States Government under this chapter for a project made eligible by this section is for 90 percent of the cost of the project, except that, if the grant or any portion of the grant is made with funds required to be expended under section 5307(k) (!1) and the project involves providing bicycle access to public transportation, that grant or portion of that grant shall be at a Federal share of 95 percent. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 105-178, title III, Sec. 3019, June 9, 1998, 112 Stat. 362; Pub. L. 109-59, title III, Sec. 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5319 49 App.:1621. July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 25; added Apr. 2, 1987, Pub. L. 100-17, Sec. 326, 101 Stat. 237. -------------------------------------------------------------------- The words "For purposes of this chapter" and "racks or other" are omitted as surplus. The word "grant" is substituted for "share" for consistency in this chapter. -REFTEXT- REFERENCES IN TEXT Subsec. (k) of section 5307, referred to in text, was repealed and subsec. (n) was redesignated (k) by Pub. L. 109-59, title III, Sec. 3009(a), Aug. 10, 2005, 119 Stat. 1568. -MISC2- AMENDMENTS 2005 - Pub. L. 109-59 substituted "public transportation" for "mass transportation" wherever appearing. 1998 - Pub. L. 105-178 substituted "made eligible by this section is for 90 percent of the cost of the project, except that, if the grant or any portion of the grant is made with funds required to be expended under section 5307(k) and the project involves providing bicycle access to mass transportation, that grant or portion of that grant shall be at a Federal share of 95 percent" for "under this section is for 90 percent of the cost of the project". -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 49 USC Sec. 5320 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5320. Alternative transportation in parks and public lands -STATUTE- (a) In General. - (1) Authorization. - (A) In general. - The Secretary, in consultation with the Secretary of the Interior, may award a grant or enter into a contract, cooperative agreement, interagency agreement, intra- agency agreement, or other agreement to carry out a qualified project under this section to enhance the protection of national parks and public lands and increase the enjoyment of those visiting the parks and public lands by - (i) ensuring access to all, including persons with disabilities; (ii) improving conservation and park and public land opportunities in urban areas through partnering with State and local governments; and (iii) improving park and public land transportation infrastructure. (B) Consultation with other agencies. - To the extent that projects are proposed or funded in eligible areas that are not within the jurisdiction of the Department of the Interior, the Secretary of the Interior shall consult with the heads of the relevant Federal land management agencies in carrying out the responsibilities under this section. (2) Use of funds. - A grant, cooperative agreement, interagency agreement, intra-agency agreement, or other agreement for a qualified project under this section shall be available to finance the leasing of equipment and facilities for use in public transportation, subject to any regulation that the Secretary may prescribe limiting the grant or agreement to leasing arrangements that are more cost-effective than purchase or construction. (3) Alternative transportation facilities and services. - Projects receiving assistance under this section shall provide alternative transportation facilities and services that complement and enhance existing transportation services in national parks and public lands in a manner that is consistent with Department of Interior and other public land management policies regarding private automobile access to and in such parks and lands. (b) Definitions. - In this section, the following definitions apply: (1) Eligible area. - The term "eligible area" means any federally owned or managed park, refuge, or recreational area that is open to the general public, including - (A) a unit of the National Park System; (B) a unit of the National Wildlife Refuge System; (C) a recreational area managed by the Bureau of Land Management; (D) a recreation area managed by the Bureau of Reclamation; and (E) a unit of the National Forest System. (2) Federal land management agency. - The term "Federal land management agency" means a Federal agency that manages an eligible area. (3) Alternative transportation. - The term "alternative transportation" means transportation by bus, rail, or any other publicly or privately owned conveyance that provides to the public general or special service on a regular basis, including sightseeing service. Such term also includes a nonmotorized transportation system (including the provision of facilities for pedestrians, bicycles, and nonmotorized watercraft). (4) Qualified participant. - The term "qualified participant" means - (A) a Federal land management agency; or (B) a State, tribal, or local governmental authority with jurisdiction over land in the vicinity of an eligible area acting with the consent of the Federal land management agency, alone or in partnership with a Federal land management agency or other governmental or nongovernmental participant. (5) Qualified project. - The term "qualified project" means a planning or capital project in or in the vicinity of an eligible area that - (A) is an activity described in section 5302(a)(1)(A), 5303, 5304, 5305, or 5309(b); (B) involves - (i) the purchase of rolling stock that incorporates clean fuel technology or the replacement of buses of a type in use on the date of enactment of the Federal Public Transportation Act of 2005 with clean fuel vehicles; or (ii) the deployment of alternative transportation vehicles that introduce innovative technologies or methods; (C) relates to the capital costs of coordinating the Federal land management agency public transportation systems with other public transportation systems; (D) provides a nonmotorized transportation system (including the provision of facilities for pedestrians, bicycles, and nonmotorized watercraft); (E) provides waterborne access within or in the vicinity of an eligible area, as appropriate to and consistent with this section; or (F) is any other alternative transportation project that - (i) enhances the environment; (ii) prevents or mitigates an adverse impact on a natural resource; (iii) improves Federal land management agency resource management; (iv) improves visitor mobility and accessibility and the visitor experience; (v) reduces congestion and pollution (including noise pollution and visual pollution); or (vi) conserves a natural, historical, or cultural resource (excluding rehabilitation or restoration of a non- transportation facility). (c) Federal Agency Cooperative Arrangements. - The Secretary shall develop cooperative arrangements with the Secretary of the Interior that provide for - (1) technical assistance in alternative transportation; (2) interagency and multidisciplinary teams to develop Federal land management agency alternative transportation policy, procedures, and coordination; and (3) the development of procedures and criteria relating to the planning, selection, and funding of qualified projects and the implementation and oversight of the program of projects in accordance with this section. (d) Limitation on Use of Available Amounts. - (1) In general. - The Secretary, in consultation with the Secretary of the Interior, may use not more than 10 percent of the amount made available for a fiscal year under section 5338(b)(2)(J) to carry out planning, research, and technical assistance under this section, including the development of technology appropriate for use in a qualified project. (2) Additional amounts. - Amounts made available under this subsection are in addition to amounts otherwise available to the Secretary to carry out planning, research, and technical assistance under this chapter or any other provision of law. (3) Maximum amount. - No qualified project shall receive more than 25 percent of the total amount made available to carry out this section under section 5338(b)(2)(J) for any fiscal year. (e) Planning Process. - In undertaking a qualified project under this section - (1) if the qualified participant is a Federal land management agency - (A) the Secretary, in cooperation with the Secretary of the Interior, shall develop transportation planning procedures that are consistent with - (i) the metropolitan planning provisions under section 5303; (ii) the statewide planning provisions under section 5304; and (iii) the public participation requirements under section 5307(d); and (B) in the case of a qualified project that is at a unit of the National Park System, the planning process shall be consistent with the general management plans of the unit of the National Park System; and (2) if the qualified participant is a State or local governmental authority, or more than one State or local governmental authority in more than one State, the qualified participant shall - (A) comply with the metropolitan planning provisions under section 5303; (B) comply with the statewide planning provisions under section 5304; (C) comply with the public participation requirements under section 5307(d); and (D) consult with the appropriate Federal land management agency during the planning process. (f) Cost Sharing. - (1) Government's share. - The Secretary, in cooperation with the Secretary of the Interior, shall establish the Government's share of the net project cost to be provided to a qualified participant under this section. (2) Considerations. - In establishing the Government's share of the net project cost to be provided under this section, the Secretary shall consider - (A) visitation levels and the revenue derived from user fees in the eligible area in which the qualified project is carried out; (B) the extent to which the qualified participant coordinates with a public transportation authority or private entity engaged in public transportation; (C) private investment in the qualified project, including the provision of contract services, joint development activities, and the use of innovative financing mechanisms; (D) the clear and direct benefit to the qualified participant; and (E) any other matters that the Secretary considers appropriate to carry out this section. (3) Special rule. - Notwithstanding any other provision of law, funds appropriated to any Federal land management agency may be counted toward the remainder of the net project cost. (g) Selection of Qualified Projects. - (1) In general. - The Secretary of the Interior, after consultation with and in cooperation with the Secretary, shall determine the final selection and funding of an annual program of qualified projects in accordance with this section. (2) Considerations. - In determining whether to include a project in the annual program of qualified projects, the Secretary of the Interior shall consider - (A) the justification for the qualified project, including the extent to which the qualified project would conserve resources, prevent or mitigate adverse impact, and enhance the environment; (B) the location of the qualified project, to ensure that the selected qualified projects - (i) are geographically diverse nationwide; and (ii) include qualified projects in eligible areas located in both urban areas and rural areas; (C) the size of the qualified project, to ensure that there is a balanced distribution; (D) the historical and cultural significance of a qualified project; (E) safety; (F) the extent to which the qualified project would - (i) enhance livable communities; (ii) reduce pollution (including noise pollution, air pollution, and visual pollution); (iii) reduce congestion; and (iv) improve the mobility of people in the most efficient manner; and (G) any other matters that the Secretary of the Interior considers appropriate to carry out this section, including - (i) visitation levels; (ii) the use of innovative financing or joint development strategies; and (iii) coordination with gateway communities. (h) Qualified Projects Carried Out in Advance. - (1) In general. - When a qualified participant carries out any part of a qualified project without assistance under this section in accordance with all applicable procedures and requirements, the Secretary, in consultation with the Secretary of the Interior, may pay the share of the net capital project cost of a qualified project if - (A) the qualified participant applies for the payment; (B) the Secretary approves the payment; and (C) before carrying out that part of the qualified project, the Secretary approves the plans and specifications in the same manner as plans and specifications are approved for other projects assisted under this section. (2) Financing costs. - (A) In general. - The cost of carrying out part of a qualified project under paragraph (1) includes the amount of interest earned and payable on bonds issued by a State or local governmental authority, to the extent that proceeds of the bond are expended in carrying out that part. (B) Limitation on amount of interest. - The rate of interest under this paragraph may not exceed the most favorable rate reasonably available for the qualified project at the time of borrowing. (C) Certification. - The qualified participant shall certify, in a manner satisfactory to the Secretary, that the qualified participant has exercised reasonable diligence in seeking the most favorable interest rate. (i) Relationship to Other Laws. - (1) Section 5307. - A qualified participant under this section shall be subject to the requirements of sections 5307 and 5333(a) to the extent the Secretary determines to be appropriate. (2) Other requirements. - A qualified participant under this section shall be subject to any other requirements that the Secretary determines to be appropriate to carry out this section, including requirements for the distribution of proceeds on disposition of real property and equipment resulting from a qualified project assisted under this section. (3) Project management plan. - If the amount of assistance anticipated to be required for a qualified project under this section is not less than $25,000,000 - (A) the qualified project shall, to the extent the Secretary considers appropriate, be carried out through a full funding grant agreement in accordance with section 5309(g); and (B) the qualified participant shall prepare a project management plan in accordance with section 5327(a). (j) Asset Management. - The Secretary, in consultation with the Secretary of the Interior, may transfer the interest of the Department of Transportation in, and control over, all facilities and equipment acquired under this section to a qualified participant for use and disposition in accordance with any property management regulations that the Secretary determines to be appropriate. (k) Coordination of Research and Deployment of New Technologies. - (1) Grants and other assistance. - The Secretary, in cooperation with the Secretary of the Interior, may undertake, or make grants, cooperative agreements, contracts (including agreements with departments, agencies, and instrumentalities of the Federal Government) or other agreements for research, development, and deployment of new technologies in eligible areas that will - (A) conserve resources; (B) prevent or mitigate adverse environmental impact; (C) improve visitor mobility, accessibility, and enjoyment; and (D) reduce pollution (including noise pollution and visual pollution). (2) Information. - The Secretary may request and receive appropriate information from any source. (3) Funding. - Grants, cooperative agreements, contracts, and other agreements under paragraph (1) shall be awarded from amounts allocated under subsection (d)(1). (l) Innovative Financing. - A qualified project receiving financial assistance under this section shall be eligible for funding through a State infrastructure bank or other innovative financing mechanism available to finance an eligible project under this chapter. (m) Reports. - (1) In general. - The Secretary, in consultation with the Secretary of the Interior, shall annually submit a report on the allocation of amounts made available to assist qualified projects under this section to - (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Transportation and Infrastructure of the House of Representatives; and (C) the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Annual reports. - The report required under paragraph (1) shall be included in the report submitted under section 5309(k)(1). -SOURCE- (Added Pub. L. 109-59, title III, Sec. 3021(a), Aug. 10, 2005, 119 Stat. 1608.) -REFTEXT- REFERENCES IN TEXT The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (b)(5)(B)(i), is the date of enactment of title III of Pub. L. 109-59, which was approved Aug. 10, 2005. -MISC1- PRIOR PROVISIONS A prior section 5320, Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 818; Pub. L. 103-429, Sec. 6(9), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 105-178, title III, Sec. 3009(h)(3)(A), June 9, 1998, 112 Stat. 356; Pub. L. 105-206, title IX, Sec. 9009(h)(1), July 22, 1998, 112 Stat. 856, related to construction of a suspended light rail system technology pilot project, prior to repeal by Pub. L. 109-59, title III, Sec. 3021(a), Aug. 10, 2005, 119 Stat. 1608. -CHANGE- CHANGE OF NAME Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. -End- -CITE- 49 USC Sec. 5321 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5321. Crime prevention and security -STATUTE- The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109-59, title III, Sec. 3002(b)(4), Aug. 10, 2005, 119 Stat. 1545.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5321 49 App.:1620. July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 24; added Apr. 2, 1987, Pub. L. 100-17, Sec. 325, 101 Stat. 237. -------------------------------------------------------------------- AMENDMENTS 2005 - Pub. L. 109-59 substituted "public transportation" for "mass transportation". REGULATIONS Pub. L. 109-59, title III, Sec. 3028(c), Aug. 10, 2005, 119 Stat. 1624, provided that: "Not later than 180 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] and the Secretary of Homeland Security shall issue jointly final regulations to establish the characteristics of and requirements for public transportation security grants, including funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses." PUBLIC TRANSPORTATION SECURITY Pub. L. 109-59, title III, Sec. 3028(b), Aug. 10, 2005, 119 Stat. 1624, provided that: "(1) In general. - Not later than 45 days after the date of enactment of this Act [Aug. 10, 2005], the Secretary [of Transportation] shall execute an annex to the memorandum of understanding between the Secretary and the Secretary of Homeland Security, dated September 28, 2004, to define and clarify the respective roles and responsibilities of the Department of Transportation and the Department of Homeland Security relating to public transportation security. "(2) Contents. - The annex to be executed under paragraph (1) shall - "(A) establish a process to develop security standards for public transportation agencies; "(B) create a method of direct coordination with public transportation agencies on security matters; "(C) address any other issues determined to be appropriate by the Secretary and the Secretary of Homeland Security; and "(D) include a formal and permanent mechanism to ensure coordination and involvement by the Department of Transportation, as appropriate, in public transportation security." -End- -CITE- 49 USC Sec. 5322 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5322. Human resource programs -STATUTE- (a) In General. - The Secretary of Transportation may undertake, or make grants and contracts for, programs that address human resource needs as they apply to public transportation activities. A program may include - (1) an employment training program; (2) an outreach program to increase minority and female employment in public transportation activities; (3) research on public transportation personnel and training needs; and (4) training and assistance for minority business opportunities. (b) Fellowships. - (1) Authority to make grants. - The Secretary may make grants to States, local governmental authorities, and operators of public transportation systems to provide fellowships to train personnel employed in managerial, technical, and professional positions in the public transportation field. (2) Terms. - (A) Period of training. - A fellowship under this subsection may not be for more than 1 year of training in an institution that offers a program applicable to the public transportation industry. (B) Selection of individuals. - A recipient of a grant for a fellowship under this subsection shall select an individual on the basis of demonstrated ability and for the contribution the individual reasonably can be expected to make to an efficient public transportation operation. (C) Amount. - A grant for a fellowship under this subsection may not be more than the lesser of $65,000 or 75 percent of the sum of - (i) tuition and other charges to the fellowship recipient; (ii) additional costs incurred by the training institution and billed to the grant recipient; and (iii) the regular salary of the fellowship recipient for the period of the fellowship to the extent the salary is actually paid or reimbursed by the grant recipient. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 820; Pub. L. 109-59, title III, Secs. 3002(b)(4), 3022, Aug. 10, 2005, 119 Stat. 1545, 1614.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5322 49 App.:1616. July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 20; added Nov. 6, 1978, Pub. L. 95-599, Sec. 315, 92 Stat. 2751. -------------------------------------------------------------------- In this section, before clause (1), the word "make" is substituted for "provide financial assistance by" to eliminate unnecessary words. The words "national and local" are omitted as surplus. The text of 49 App.:1616 (last sentence) is omitted as surplus. AMENDMENTS 2005 - Pub. L. 109-59, Sec. 3022, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 109-59, Sec. 3002(b)(4), substituted "public transportation" for "mass transportation" wherever appearing. -End- -CITE- 49 USC Sec. 5323 01/08/2008 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION -HEAD- Sec. 5323. General provisions on assistance -STATUTE- (a) Interests in Property. - (1) In general. - Financial assistance provided under this chapter to a State or a local governmental authority may be used to acquire an interest in, or to buy property of, a private company engaged in public transportation, for a capital project for property acquired from a private company engaged in public transportation after July 9, 1964, or to operate a public transportation facility or equipment in competition with, or in addition to, transportation service provided by an existing public transportation company, only if - (A) the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306; (B) the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and (C) just compensation under State or local law will be paid to the company for its franchise or property. (2) Limitation. - A governmental authority may not use financial assistance of the United States Government to acquire land, equipment, or a facility used in public transportation from another governmental authority in the same geographic area. (b) Notice and Public Hearing. - (1) In general. - For a capital project that will substantially affect a community, or the public transportation service of a community, an applicant shall - (A) provide an adequate opportunity for public review and comment on the project; (B) after providing notice, hold a public hearing on the project if the project affects significant economic, social, or environmental interests; (C) consider the economic, social, and environmental effects of the project; and (D) find that the project is consistent with official plans for developing the community. (2) Notice. - Notice of a hearing under this subsection - (A) shall include a concise description of the proposed project; and (B) shall be published in a newspaper of general circulation in the geographic area the project will serve. (3) Application requirements. - An application for a grant under this chapter for a capital project described in paragraph (1) shall include - (A) a certification that the applicant has complied with the requirements of this subsection; and (B) in the environmental record for the project, evidence that the applicant has complied with the requirements of this subsection. (c) Fares not Required. - This chapter does not require that elderly individuals and individuals with disabilities be charged a fare. (d) Condition on Charter Bus Transportation Service. - (1) Agreements. - Financial assistance under this chapter may be used to buy or operate a bus only if the applicant, governmental authority, or publicly owned operator that receives the assistance agrees that, except as provided in the agreement, the governmental authority or an operator of public transportation for the governmental authority will not provide charter bus transportation service outside the urban area in which it provides regularly scheduled public transportation service. An agreement shall provide for a fair arrangement the Secretary of Transportation considers appropriate to ensure that the assistance will not enable a governmental authority or an operator for a governmental authority to foreclose a private operator from providing intercity charter bus service if the private operator can provide the service. (2) Violations. - (A) Investigations. - On receiving a complaint about a violation of the agreement required under paragraph (1), the Secretary shall investigate and decide whether a violation has occurred. (B) Enforcement of agreements. - If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement. (C) Additional remedies. - In addition to any remedy specified in the agreement, the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the agreement. (e) Bond Proceeds Eligible for Local Share. - (1) Use as local matching funds. - Notwithstanding any other provision of law, a recipient of assistance under section 5307 or 5309 may use the proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project. (2) Maintenance of effort. - The Secretary shall approve of the use of the proceeds from the issuance of revenue bonds for the remainder of the net project cost only if the Secretary finds that the aggregate amount of financial support for public transportation in the urbanized area provided by the State and affected local governmental authorities during the next 3 fiscal years, as programmed in the State transportation improvement program under section 5304, 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. (3) Debt service reserve. - The Secretary may reimburse an eligible recipient for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302(a)(1)(K) from amounts made available to the recipient under section 5309. (4) Pilot program for urbanized areas. - (A) In general. - The Secretary shall establish a pilot program to reimburse not to exceed 10 eligible recipients for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302(a)(1)(K) from amounts made available to the recipient under section 5307. (B) Report. - Not later than July 31, 2008, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status and effectiveness of the pilot program established under subparagraph (A). (f) Schoolbus Transportation. - (1) Agreements. - Financial assistance under this chapter may be used for a capital project, or to operate public transportation equipment or a public transportation facility, only if the applicant agrees not to provide schoolbus transportation that exclusively transports students and school personnel in competition with a private schoolbus operator. This subsection does not apply - (A) to an applicant that operates a school system in the area to be served and a separate and exclusive schoolbus program for the school system; (B) unless a private schoolbus operator can provide adequate transportation that complies with applicable safety standards at reasonable rates; and (C) to a State or local governmental authority if it or a direct predecessor in interest from which it acquired the duty of transporting school children and personnel, and facilities to transport them, provided schoolbus transportation at any time after November 25, 1973, but before November 26, 1974. (2) Violations. - If the Secretary finds that an applicant, governmental authority, or publicly owned operator has violated the agreement required under paragraph (1), the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate. (g) Buying Buses Under Other Laws. - Subsections (d) and (f) of this section apply to financial assistance to buy a bus under sections 133 and 142 of title 23. However, subsection (f)(1)(C) of this section applies to sections 133 and 142 only if schoolbus transportation was provided at any time after August 12, 1972, but before August 13, 1973. (h) Grant and Loan Prohibitions. - A grant or loan may not be used to - (1) pay ordinary governmental or nonproject operating expenses; or (2) support a procurement that uses an exclusionary or discriminatory specification. (i) Government's Share of Costs for Certain Projects. - (1) Equipment for ada and clean air act compliance. - A grant for a project to be assisted under this chapter that involves acquiring vehicle-related equipment or facilities required by the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle-related equipment or facilities) for purposes of complying with or maintaining compliance with the Clean Air Act, is for 90 percent of the net project cost of such equipment or facilities attributable to compliance with those Acts. The Secretary shall have discretion to determine, through practicable administrative procedures, the costs of such equipment or facilities attributable to compliance with those Acts. (2) Certain state owned railroads. - The Government share for financial assistance under this chapter to a State-owned railroad (as defined in section 603 of the Rail Safety and Service Improvement Act of 1982 (45 U.S.C. 1202)) shall be the same as the Government share under section 120(b) of title 23 for Federal- aid highway funds apportioned to the State in which the railroad operates. (j) Buy America. - (1) The Secretary of Transportation may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States. (2) The Secretary of Transportation may waive paragraph (1) of this subsection if the Secretary finds that - (A) applying paragraph (1) would be inconsistent with the public interest; (B) the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; (C) when procuring rolling stock (including train control, communication, and traction power equipment) under this chapter - (i) the cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the rolling stock; and (ii) final assembly of the rolling stock has occurred in the United States; or (D) including domestic material will increase the cost of the overall project by more than 25 percent. (3) Written justification for public interest waiver. - When issuing a waiver based on a public interest determination under paragraph (2)(A), the Secretary shall issue a detailed written justification as to why the waiver is in the public interest. The Secretary shall publish such justification in the Federal Register and provide the public with a reasonable period of time for notice and comment. (4) In this subsection, labor costs involved in final assembly are not included in calculating the cost of components. (5) The Secretary of Transportation may not make a waiver under paragraph (2) of this subsection for goods produced in a foreign country if the Secretary, in consultation with the United States Trade Representative, decides that the government of that foreign country - (A) has an agreement with the United States Government under which the Secretary has waived the requirement of this subsection; and (B) has violated the agreement by discriminating against goods to which this subsection applies that are produced in the United States and to which the agreement applies. (6) A person is ineligible under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations, to receive a contract or subcontract made with amounts authorized under the Federal Public Transportation Act of 2005 if a court or department, agency, or instrumentality of the Government decides the person intentionally - (A) affixed a "Made in America" label, or a label with an inscription having the same meaning, to goods sold in or shipped to the United States that are used in a project to which this subsection applies but not produced in the United States; or (B) represented that goods described in clause (A) of this paragraph were produced in the United States. (7) The Secretary of Transportation may not impose any limitation on assistance provided under this chapter that restricts a State from imposing more stringent requirements than this subsection on the use of articles, materials, and supplies mined, produced, or manufactured in foreign countries in projects carried out with that assistance or restricts a recipient of that assistance from complying with those State-imposed requirements. (8) Opportunity to correct inadvertent error. - The Secretary may allow a manufacturer or supplier of steel, iron, or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the certification (but not including failure to sign the certification) under this subsection if such manufacturer or supplier attests under penalty of perjury that such manufacturer or supplier submitted an incorrect certification as a result of an inadvertent or clerical error. The burden of establishing inadvertent or clerical error is on the manufacturer or supplier. (9) Administrative review. - A party adversely affected by an agency action under this subsection shall have the right to seek review under section 702 of title 5. (k) Participation of Governmental Agencies in Design and Delivery of Transportation Services. - To the extent feasible, governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services - (1) shall participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and (2) shall be included in the planning for those services. (l) Relationship to Other Laws. - Section 1001 of title 18 applies to a certificate, submission, or statement provided under this chapter. The Secretary may terminate financial assistance under this chapter and seek reimbursement directly, or by offsetting amounts, available under this chapter if the Secretary determines that a recipient of such financial assistance has made a false or fraudulent statement or related act in connection with a Federal transit program. (m) Preaward and Postdelivery Review of Rolling Stock Purchases. - The Secretary of Transportation shall prescribe regulations requiring a preaward and postdelivery review of a grant under this chapter to buy rolling stock to ensure compliance with Government motor vehicle safety requirements, subsection (j) of this section, and bid specifications requirements of grant recipients under this chapter. Under this subsection, independent inspections and review are required, and a manufacturer certification is not sufficient. Rolling stock procurements of 20 vehicles or fewer made for the purpose of serving other than urbanized areas and urbanized areas with populations of 200,000 or fewer shall be subject to the same requirements as established for procurements of 10 or fewer buses under the post-delivery purchaser's requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations. (n) Submission of Certifications. - A certification required under this chapter and any additional certification or assurance required by law or regulation to be submitted to the Secretary may be consolidated into a single document to be submitted annually as part of a grant application under this chapter. The Secretary shall publish annually a list of all certifications required under this chapter with the publication required under section 5336(e)(2).(!1) (o) Grant Requirements. - The grant requirements under sections 5307 and 5309 apply to any project under this chapter that receives any assistance or other financing under chapter 6 (other than section 609) of title 23. (p) Alternative Fueling Facilities. - A recipient of assistance under this chapter may allow the incidental use of federally funded alternative fueling facilities and equipment by nontransit public entities and private entities if - (1) the incidental use does not interfere with the recipient's public transportation operations; (2) all costs related to the incidental use are fully recaptured by the recipient from the nontransit public entity or private entity; (3) the recipient uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and (4) private entities pay all applicable excise taxes on fuel. -SOURCE- (Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 821; Pub. L. 103-429, Sec. 6(10), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104- 287, Sec. 5(15), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105-178, title III, Sec. 3020, June 9, 1998, 112 Stat. 362; Pub. L. 109-59, title III, Secs. 3002(b)(4), 3023(a)-(i)(3), (j)-(m), Aug. 10, 2005, 119 Stat. 1545, 1615-1619.) -MISC1- HISTORICAL AND REVISION NOTES PUB. L. 103-272 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5323(a)(1) 49 App.:1602(e). July 9, 1964, Pub. L. 88-365, Sec. 3(e), 78 Stat. 303; Sept. 8, 1966, Pub. L. 89-562, Sec. 2(b)(1), 80 Stat. 716; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; Oct. 15, 1970, Pub. L. 91-453, Sec. 2(1), 84 Stat. 962; Nov. 6, 1978, Pub. L. 95-599, Sec. 302(c), 92 Stat. 2737. 5323(a)(2) 49 App.:1608(e). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 12(e), (g); added Nov. 6, 1978, Pub. L. 95-599, Sec. 308(d), 92 Stat. 2747. 5323(b) 49 App.:1602(d). July 9, 1964, Pub. L. 88-365, Sec. 3(d), 78 Stat. 303; May 25, 1967, Pub. L. 90-19, Sec. 20(a), 81 Stat. 25; restated Oct. 15, 1970, Pub. L. 91-453, Sec. 2(2), 84 Stat. 964. 5323(c) 49 App.:1608(h)(1). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 12(h)(1); added Apr. 2, 1987, Pub. L. 100-17, Sec. 317(a), 101 Stat. 233. 5323(d) 49 App.:1602(f). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 3(f); added Jan. 4, 1974, Pub. L. 93-650, Sec. 1(a), 89 Stat. 2-1; Aug. 22, 1974, Pub. L. 93-383, Sec. 813(a), 88 Stat. 737; Nov. 26, 1974, Pub. L. 93-503, Sec. 109(b), 88 Stat. 1573. 5323(e) 49 App.:1608(g). 5323(f) 49 App.:1602(g). July 9, 1964, Pub. L. 88-365, 78 Stat. 302, Sec. 3(g); added Nov. 26, 1974, Pub. L. 93-503, Sec. 109(a), 88 Stat. 1572. 5323(g) 49 App.:1602a. Aug. 13, 1973, Pub. L. 93-87, Sec. 164, 87 Stat. 281; Jan. 4, 1974, Pub. L. 93-650, Sec. 1(b), 89 Stat. 2-1; Aug. 22, 1974, Pub. L. 93-383, Sec. 813(b), 88