§5337. Apportionment based on fixed guideway factors

(a) Distribution.-The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for each of fiscal years 2005 through 2012 as follows:

(1) The first $497,700,000 shall be apportioned in the following urbanized areas as follows:

(A) Baltimore, $8,372,000.

(B) Boston, $38,948,000.

(C) Chicago/Northwestern Indiana, $78,169,000.

(D) Cleveland, $9,509,500.

(E) New Orleans, $1,730,588.

(F) New York, $176,034,461.

(G) Northeastern New Jersey, $50,604,653.

(H) Philadelphia/Southern New Jersey, $58,924,764.

(I) Pittsburgh, $13,662,463.

(J) San Francisco, $33,989,571.

(K) Southwestern Connecticut, $27,755,000.

(2) The next $70,000,000 shall be apportioned as follows:

(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A).

(B) 50 percent in other urbanized areas eligible for assistance under section 5336(b)(2)(A) to which amounts were apportioned under this section for fiscal year 1997, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.

(3) The next $5,700,000 shall be apportioned in the following urbanized areas as follows:

(A) Pittsburgh, 61.76 percent.

(B) Cleveland, 10.73 percent.

(C) New Orleans, 5.79 percent.

(D) 21.72 percent in urbanized areas to which paragraph (2)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.

(4) The next $186,600,000 shall be apportioned in each urbanized area to which paragraph (1) applies and in each urbanized area to which paragraph (2)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.

(5) The next $70,000,000 shall be apportioned as follows:

(A) 65 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.

(B) 35 percent to other urbanized areas eligible for assistance under section 5336(b)(2)(A) if the areas contain fixed guideway systems placed in revenue service at least 7 years before the fiscal year in which amounts are made available and in any urbanized area if, before the first day of the fiscal year, the area satisfies the Secretary that the area has modernization needs that cannot adequately be met with amounts received under section 5336(b)(2)(A), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.

(6) The next $50,000,000 shall be apportioned as follows:

(A) 60 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.

(B) 40 percent to urbanized areas to which paragraph (5)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.

(7) Remaining amounts shall be apportioned as follows:

(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.

(B) 50 percent to urbanized areas to which paragraph (5)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.

(b) Total Amounts Not Available.-In a fiscal year in which the total amounts authorized under subsection (a)(1) and (2) of this section are not available, the Secretary shall reduce on a proportionate basis the apportionments of all urbanized areas eligible under subsection (a)(1) or (2) to adjust for the amount not available.

(c) New Jersey Transit Corporation.-Rail modernization amounts allocated to the New Jersey Transit Corporation under this section may be spent in any urbanized area in which the New Jersey Transit Corporation operates rail transportation, regardless of which urbanized area generates the financing.

(d) Availability of Amounts.-An amount apportioned under this section-

(1) remains available for 3 years after the fiscal year in which the amount is apportioned; and

(2) that is unobligated at the end of the 3-year period shall be reapportioned for the next fiscal year among urbanized areas eligible under subsection (a)(1)–(3) of this section using the apportionment formula of this section.

(e) Route Segments To Be Included in Apportionment Formulas.-

(1) 1997 standard.-Amounts apportioned under paragraphs (2)(B), (3), and (4) of subsection (a) shall have attributable to each urbanized area only the number of fixed guideway revenue miles of service and number of fixed guideway route miles for segments of fixed guideway systems used to determine apportionments for fiscal year 1997.

(2) Other standards.-Amounts apportioned under paragraphs (5) through (7) of subsection (a) shall have attributable to each urbanized area only the number of fixed guideway revenue miles of service and number of fixed guideway route-miles for segments of fixed guideway systems placed in revenue service at least 7 years before the fiscal year in which amounts are made available.

(f) Adjustment.-For purposes of this section, an urbanized area with a population of 55,997, according to the most recent decennial census, shall be treated as an urbanized area eligible for assistance under section 5336(b)(2)(A) to which amounts were apportioned under this section for fiscal year 1997. For the purposes of subsection (e)(1), the number of fixed guideway revenue vehicle miles of service and number of fixed guideway route miles for that urbanized area as of the date of enactment of the Federal Public Transportation Act of 2005 shall be considered to have been used to determine apportionments for fiscal year 1997.

(g) Special Rule for October 1, 2011, Through March 31, 2012.-The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning on October 1, 2011, and ending on March 31, 2012, in accordance with subsection (a), except that the Secretary shall apportion 50 percent of each dollar amount specified in subsection (a).

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 844 ; Pub. L. 103–429, §6(14), Oct. 31, 1994, 108 Stat. 4379 ; Pub. L. 102–240, title III, §3049(b), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559 ; Pub. L. 105–178, title III, §§3028, 3029(b)(12), June 9, 1998, 112 Stat. 366 , 373; Pub. L. 105–206, title IX, §9009(p), July 22, 1998, 112 Stat. 858 ; Pub. L. 108–88, §8(b)(2), Sept. 30, 2003, 117 Stat. 1121 ; Pub. L. 109–59, title III, §3035(a), Aug. 10, 2005, 119 Stat. 1629 ; Pub. L. 110–244, title II, §201(m), June 6, 2008, 122 Stat. 1611 ; Pub. L. 111–147, title IV, §435, Mar. 18, 2010, 124 Stat. 89 ; Pub. L. 111–322, title II, §2305, Dec. 22, 2010, 124 Stat. 3528 ; Pub. L. 112–5, title III, §305, Mar. 4, 2011, 125 Stat. 19 ; Pub. L. 112–30, title I, §135, Sept. 16, 2011, 125 Stat. 352 .)

Historical and Revision Notes
Pub. L. 103–272

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
5337(a)	49 App.:1602(h) (1)–(4).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §3(h)(1)–(6); added Aug. 22, 1974, Pub. L. 93–503, §110, 88 Stat. 1573 ; Nov. 6, 1978, Pub. L. 95–599, §302(d), 92 Stat. 2737 ; restated Dec. 18, 1991, Pub. L. 102–240, §3008, 105 Stat. 2091 .
5337(b)	49 App.:1602(h)(5).
5337(c)	49 App.:1602(h)(6).
5337(d)	49 App.:1602(h)(7).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §3(h)(7); added Oct. 6, 1992, Pub. L. 102–388, §502(c), 106 Stat. 1566 .

In subsection (a), the words "for expenditure" are omitted for consistency in this chapter. Before clause (1), the reference to fiscal year 1992 is omitted as obsolete.

In subsection (c), the words "Notwithstanding any other provision of law" are omitted as surplus. The word "paragraph" in the source provision is translated as it were "subsection" to reflect the apparent intent of Congress.

In subsection (d)(1), the words "for obligation", "a period of", and "the close of" are omitted as surplus.

Pub. L. 103–429

This amends 49:5337(a)(4) to correct an erroneous cross-reference.

References in Text

The date of enactment of the Federal Public Transportation Act of 2005, referred to in subsec. (f), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.

Amendments

2011-Subsec. (a). Pub. L. 112–30, §135(1), substituted "2012" for "2011" in introductory provisions.

Pub. L. 112–5, §305(1), substituted "2011" for "2010" in introductory provisions.

Subsec. (g). Pub. L. 112–30, §135(2), added subsec. (g).

Pub. L. 112–5, §305(2), struck out subsec. (g). Text read as follows: "The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending March 4, 2011, in accordance with subsection (a), except that the Secretary shall apportion 155/365ths of each dollar amount specified in subsection (a)."

2010-Subsec. (a). Pub. L. 111–147, §435(1), substituted "2010" for "2009" in introductory provisions.

Subsec. (g). Pub. L. 111–322 amended subsec. (g) generally. Prior to amendment, text read as follows: "The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for the period beginning October 1, 2010, and ending December 31, 2010, in accordance with subsection (a), except that the Secretary shall apportion 25 percent of each dollar amount specified in subsection (a)."

Pub. L. 111–147, §435(2), added subsec. (g).

2008-Subsec. (a). Pub. L. 110–244 substituted "for each of fiscal years 2005 through 2009" for "for each of fiscal years 1998 through 2003" in introductory provisions.

2005-Pub. L. 109–59, §3035(a)(1), substituted "Apportionment based on fixed guideway factors" for "Apportionment of appropriations for fixed guideway modernization" in section catchline.

Subsec. (f). Pub. L. 109–59, §3035(a)(2), added subsec. (f).

2003-Subsec. (e). Pub. L. 108–88 struck out subsec. (e) relating to special rule.

1998-Subsec. (a). Pub. L. 105–178, §3028(c), as added by Pub. L. 105–206, in par. (2)(B), substituted "(e)(1)" for "(e)", in par. (3)(D), substituted "(2)(B)" for "(2)(B)(ii)" and "(e)(1)" for "(e)", in par. (4), substituted "(e)(1)" for "(e)", and in pars. (5) to (7), substituted "(e)(2)" for "(e)" wherever appearing.

Pub. L. 105–178, §3028(a), amended heading and text of subsec. (a) generally, substituting provisions relating to distribution for fiscal years 1998 through 2003 for provisions relating to percentage distribution for fiscal years ending Sept. 30, 1993–1997 and for period of Oct. 1, 1997 through Mar. 31, 1998.

Subsec. (e). Pub. L. 105–178, §3028(b), added subsec. (e) relating to route segments to be included in apportionment formulas.

Subsec. (e)(1). Pub. L. 105–178, §3029(b)(12), which directed substitution of "subsections (b) and (h)(4) of section 5338" for "section 5338(f)", could not be executed because "section 5338(f)" does not appear in text.

1997-Subsec. (a). Pub. L. 102–240, §3049(b)(1), as added by Pub. L. 105–130, inserted "and for the period of October 1, 1997, through March 31, 1998," after "1997," in introductory provisions.

Subsec. (e). Pub. L. 102–240, §3049(b)(2), as added by Pub. L. 105–130, added subsec. (e).

1994-Subsec. (a)(4). Pub. L. 103–429 substituted "section 5336(b)(2)(A) of this title" for "section 5336(B)(2)(A)".

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 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.

Special Rule for Partial Fiscal Year Funding

Pub. L. 108–310, §8(b), Sept. 30, 2004, 118 Stat. 1154 , provided that: "The Secretary of Transportation shall determine the amount that each urbanized area is to be apportioned for fixed guideway modernization under section 5337 of title 49, United States Code, on a pro rata basis to reflect the partial fiscal year 2005 funding made available by sections 5338(b)(2)(A)(vii) and 5338(b)(2)(B)(vii) of such title."

Pub. L. 108–88, §8(b)(1), Sept. 30, 2003, 117 Stat. 1121 , as amended by Pub. L. 108–202, §9(b), Feb. 29, 2004, 118 Stat. 485 ; Pub. L. 108–224, §7(b), Apr. 30, 2004, 118 Stat. 633 ; Pub. L. 108–263, §7(b), June 30, 2004, 118 Stat. 704 , which directed the Secretary of Transportation to determine the amount that each urbanized area would be apportioned for fixed guideway modernization under section 5337 of this title on a pro rata basis reflecting partial fiscal year 2004 funding made available under section 5338 of this title, was repealed by Pub. L. 108–280, §7(b), July 30, 2004, 118 Stat. 882 .