§5307. Block grants
(a)
(1) "associated capital maintenance items" means equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used.
(2) "designated recipient" means-
(A) a person designated, consistent with the planning process under sections 5303–5306 of this title, by the chief executive officer of a State, responsible local officials, and publicly owned operators of mass transportation to receive and apportion amounts under section 5336 of this title that are attributable to transportation management areas established under section 5305(a) of this title;
(B) a State or regional authority if the authority is responsible under the laws of a State for a capital project and for financing and directly providing mass transportation; or
(C) a recipient designated under section 5(b)(1) 1 of the Federal Transit Act not later than January 5, 1983.
(b)
(2) In a transportation management area designated under section 5305(a) of this title, amounts that cannot be used to pay operating expenses under this section also are available for a highway project if-
(A) that use is approved by the metropolitan planning organization under section 5303 of this title after appropriate notice and an opportunity for comment and appeal is provided to affected mass transportation providers; and
(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.).
(3) 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.
(4) A project for the reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used, is a capital project for an associated capital maintenance item under this section.
(5) 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.
(c)
(1) make available to the public information on amounts available to the recipient under this section and the program of projects the recipient proposes to undertake;
(2) develop, in consultation with interested parties, including private transportation providers, a proposed program of projects for activities to be financed;
(3) publish a proposed program of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the recipient;
(4) provide an opportunity for a public hearing in which to obtain the views of citizens on the proposed program of projects;
(5) ensure that the proposed program of projects provides for the coordination of mass transportation services assisted under section 5336 of this title with transportation services assisted from other United States Government sources;
(6) consider comments and views received, especially those of private transportation providers, in preparing the final program of projects; and
(7) make the final program of projects available to the public.
(d)
(1) the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (c) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a chief executive officer of a State under this section)-
(A) has or will have the legal, financial, and technical capacity to carry out the program;
(B) has or will have satisfactory continuing control over the use of equipment and facilities;
(C) will maintain equipment and facilities;
(D) will ensure that elderly and handicapped individuals, or an individual presenting a medicare card issued to that individual under title II or XVIII of the Social Security Act (42 U.S.C. 401 et seq., 1395 et seq.), will be charged during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section not more than 50 percent of the peak hour fare;
(E) in carrying out a procurement under this section-
(i) will use competitive procurement (as defined or approved by the Secretary);
(ii) will not use a procurement that uses exclusionary or discriminatory specifications; and
(iii) will comply with applicable Buy America laws in carrying out a procurement;
(F) has complied with subsection (c) of this section;
(G) has available and will provide the required amounts as provided by subsection (e) of this section;
(H) will comply with sections 5301(a) and (d), 5303–5306, and 5310(a)–(d) of this title;
(I) has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; and
(J)(i) will expend for each fiscal year for mass transportation security projects, including increased lighting in or adjacent to a mass transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned mass transportation system, at least one percent of the amount the recipient receives for each fiscal year under section 5336 of this title; or
(ii) has decided that the expenditure for security projects is not necessary; and
(2) the Secretary accepts the certification.
(e)
(f)
(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)
(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 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.
(4) The Secretary shall consider changes in capital project cost indices when determining the estimated cost under paragraph (3) of this subsection.
(h)
(i)
(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.
(3) The Secretary may take appropriate action consistent with a review, audit, and evaluation under this subsection, including making an appropriate adjustment in the amount of a grant or withdrawing the grant.
(j)
(k)
(l)
(m)
(n)
(2) Sections 5302, 5318, 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5307(a)(1) | 49 App.:1607a(j)(1) (last sentence). | July 9, 1964,
|
| 5307(a)(2) | 49 App.:1607a (m)(1). | July 9, 1964,
|
| 5307(b)(1) | 49 App.:1607a(j)(1) (1st sentence). | July 9, 1964,
|
| 5307(b)(2) | 49 App.:1607a(j)(1) (2d sentence). | July 9, 1964,
|
| 5307(b)(3) | 49 App.:1607a(j)(1) (3d, 4th sentences). | July 9, 1964,
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| 5307(b)(4) | 49 App.:1607a(j)(2). | July 9, 1964,
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| 5307(b)(5) | 49 App.:1607a(j)(3). | July 9, 1964,
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| 5307(c) | 49 App.:1607a(f). | July 9, 1964,
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| 5307(d)(1) | 49 App.:1607a(e)(2) (1st, last sentences). | July 9, 1964,
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| 49 App.:1607a(e)(3). | July 9, 1964,
|
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| 5307(d)(2) | 49 App.:1607a(e)(5). | July 9, 1964,
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| 5307(e) | 49 App.:1607a (k)(1). | July 9, 1964,
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| 5307(f) | 49 App.:1607a (note). | Nov. 21, 1989,
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| 5307(g) | 49 App.:1607a(p). | July 9, 1964,
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| 5307(h) | 49 App.:1607a(e)(6). | July 9, 1964,
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| 5307(i) | 49 App.:1607a(g). | July 9, 1964,
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| 5307(j) | 49 App.:1607a(e)(4). | July 9, 1964,
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| 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,
|
| 5307(n)(1) | 49 App.:1607a(h). | |
| 5307(n)(2) | 49 App.:1607a(e)(1). | July 9, 1964,
|
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 (
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 (
Pub. L. 103–429, §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 (
Pub. L. 103–429, §6(7)(B)
This makes a clarifying amendment to 49:5307(d)(1)(E)(iii).
References in Text
Section 5(b)(1) of the Federal Transit Act, referred to in subsec. (a)(2)(C), which was classified to section 1604 of former Title 49, Transportation, was repealed by
The Americans with Disabilities Act of 1990, referred to in subsec. (b)(2)(B), is
The Social Security Act, referred to in subsec. (d)(1)(D), is act Aug. 14, 1935, ch. 531,
Amendments
1994-Subsec. (d)(1)(D).
Subsec. (d)(1)(E)(iii).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in sections 5302, 5308, 5319, 5323, 5325, 5327, 5330, 5331, 5333, 5334, 5335, 5336, 5338 of this title; title 42 section 3035l.