§ 5305. Planning programs

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(d) · 108 Stat. 745

   Enacted · 49 U.S.C. § 5305

   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 794

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 794

   Enacted provision · exact public law section
   (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1998

   Federal Transit Act of 1998

   Pub. L. 105–178 § 3006(a) · 112 Stat. 107

   1. Added · 49 U.S.C. § 5305(a)(2)

      Pub. L. 105–178, § 3006(a), added par. (2)

   2. Struck · 49 U.S.C. § 5305(a)(2)

      Pub. L. 105–178, § 3006(a), 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.”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 105–178, § 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.”

   Enacted provision · exact public law section
   (a) Designation.— Section 5305(a) is amended by striking paragraph (2) and inserting the following: “(2) any other area, if requested by the chief executive officer and the metropolitan planning organization designated for the area.”.

3. 1998

   Federal Transit Act of 1998

   Pub. L. 105–178 § 3006(b) · 112 Stat. 107

   Inserted · 49 U.S.C. § 5305(b)

   Pub. L. 105–178, § 3006(b), inserted “affected” before “mass transportation operators”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 105–178, § 3006(b), inserted “affected” before “mass transportation operators”.

   Enacted provision · exact public law section
   (b) Transportation Plans and Programs.— Section 5305(b) is amended by inserting “affected” before “mass transportation operators”.

4. 1998

   Federal Transit Act of 1998

   Pub. L. 105–178 § 3006(c) · 112 Stat. 107

   Struck · 49 U.S.C. § 5305(c)

   Pub. L. 105–178, § 3006(c), struck out at end “The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–178, § 3006(c), struck out at end “The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306.”

   Enacted provision · exact public law section
   (c) Congestion Management System.— Section 5305(c) is amended by striking “The Secretary” and all that follows through the final period.

5. 1998

   Federal Transit Act of 1998

   Pub. L. 105–178 § 3006(d) · 112 Stat. 107

   1. Amended · 49 U.S.C. § 5305(d)(1)

      Pub. L. 105–178, § 3006(d), as amended by Pub. L. 105–206, § 9009(d)

   2. Amended · 49 U.S.C. § 5305(d)(1)

      Pub. L. 105–178, § 3006(d), as amended par. (1) generally. Prior to amendment, par. (1) read as follows:

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 105–178, § 3006(d), as amended by Pub. L. 105–206, § 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.”

   Enacted provision · exact public law section
   (d) Project Selection.— Section 5305(d)(1)(A) is amended by inserting “and any affected mass transportation operator” after “the State”.

6. 1998

   Federal Transit Act of 1998

   Pub. L. 105–178 § 3006(e)(1) · 112 Stat. 107

   1. Added · 49 U.S.C. § 5305(e)(2)

      Pub. L. 105–178, § 3006(e)(1), added par. (2)

   2. Struck · 49 U.S.C. § 5305(e)(2)

      Pub. L. 105–178, § 3006(e)(1), 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.”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 105–178, § 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.”

   Enacted provision · exact public law section
   (1) by striking paragraph (2) and inserting the following: “(2) (A) If a metropolitan planning process is not certified, the Secretary may withhold not more than 20 percent of the apportioned funds attributable to the transportation management area under this chapter and title 23. “(B) Any apportionments withheld under subparagraph (A) shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary.”; and

7. 1998

   Federal Transit Act of 1998

   Pub. L. 105–178 § 3006(e)(2) · 112 Stat. 107

   Added · 49 U.S.C. § 5305(e)(4)

   Pub. L. 105–178, § 3006(e)(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (e)(4). Pub. L. 105–178, § 3006(e)(2), added par. (4).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(4) In making certification determinations under this subsection, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.”.

8. 1998

   Federal Transit Act of 1998

   Pub. L. 105–178 § 3006(f) · 112 Stat. 107

   Added · 49 U.S.C. § 5305(h)

   Pub. L. 105–178, § 3006(f), added subsec. (h)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 105–178, § 3006(f), added subsec. (h).

   Enacted provision · exact public law section
   (f) Continuation of Current Review Practice.— Section 5305 is amended by adding at the end the following: “(h) Continuation of Current Review Practice.— Since plans and programs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the plans and programs 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 programs 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 program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).”.

9. 2005

   Federal Public Transportation Act of 2005

   Pub. L. 109–59 title III § 3007(a) · 119 Stat. 1144

   Amended · 49 U.S.C. § 5305

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) In General.— Section 5305 is amended to read as follows: “§ 5305. Planning programs “(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.” .

10. 2010

    Surface Transportation Extension Act of 2010

    Pub. L. 111–147 title IV § 431 · 124 Stat. 71

    Substituted · 49 U.S.C. § 5305(g)

    Pub. L. 111–147 substituted “2010, and for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–147 substituted “2010, and for the period beginning October 1, 2010, and ending December 31, 2010,” for “2009” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 431. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.   Section 5305(g) of title 49, United States Code, is amended by striking “2009” and inserting “2010, and for the period beginning October 1, 2010, and ending December 31, 2010,”.

11. 2010

    Surface Transportation Extension Act of 2010, Part II

    Pub. L. 111–322 title II § 2301 · 124 Stat. 3518

    Substituted · 49 U.S.C. § 5305(g)

    Pub. L. 111–322 substituted “March 4, 2011” for “December 31, 2010”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 111–322 substituted “March 4, 2011” for “December 31, 2010”.

    Enacted provision · exact public law section
    SEC. 2301. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.   Section 5305(g) of title 49, United States Code, is amended by striking “December 31, 2010” and inserting “March 4, 2011”.

12. 2011

    Surface Transportation Extension Act of 2011

    Pub. L. 112–5 title III § 301 · 125 Stat. 18

    Substituted · 49 U.S.C. § 5305(g)

    Pub. L. 112–5 substituted “2011” for “2010, and for the period beginning October 1, 2010, and ending March 4, 2011,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–5 substituted “2011” for “2010, and for the period beginning October 1, 2010, and ending March 4, 2011,”.

    Enacted provision · exact public law section
    SEC. 301. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.   Section 5305(g) of title 49, United States Code, is amended by striking “2010, and for the period beginning October 1, 2010, and ending March 4, 2011,” and inserting “2011”.

13. 2011

    Surface Transportation Extension Act of 2011, Part II

    Pub. L. 112–30 title I § 131 · 125 Stat. 350

    Substituted · 49 U.S.C. § 5305(g)

    Pub. L. 112–30 substituted “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012” for “2011”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 112–30 substituted “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012” for “2011”.

    Enacted provision · exact public law section
    SEC. 131. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.   Section 5305(g) of title 49, United States Code, is amended by striking “2011” and inserting “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012”.

14. 2012

    Surface Transportation Extension Act of 2012

    Pub. L. 112–102 title III § 301 · 126 Stat. 271

    Substituted · 49 U.S.C. § 5305(g)

    Pub. L. 112–102 substituted “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012” for “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–102 substituted “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012” for “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 301. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.   Section 5305(g) of title 49, United States Code, is amended by striking “2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012” and inserting “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012”.

15. 2012

    Temporary Surface Transportation Extension Act of 2012

    Pub. L. 112–140 title III § 301 · 126 Stat. 391

    Substituted · 49 U.S.C. § 5305(g)

    Pub. L. 112–140, §§ 1(c), 301, temporarily substituted “ending on July 6, 2012” for “ending on June 30, 2012” in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–140, §§ 1(c), 301, temporarily substituted “ending on July 6, 2012” for “ending on June 30, 2012” in introductory provisions. See Effective and Termination Dates of 2012 Amendment note below.

    Enacted provision · exact public law section
    SEC. 301. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.   Section 5305(g) of title 49, United States Code, is amended by striking “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012” and inserting “2011 and for the period beginning on October 1, 2011, and ending on July 6, 2012”.

    Effective date note
    Amendment by section 20030(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways. Pub. L. 112–141, div. G, title IV, § 114001, July 6, 2012, 126 Stat. 988, provided that: “This division [amending this section and sections 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of this title, enacting provisions set out as a note under section 101 of Title 23, Highways, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, and 31100 of this title] and the amendments made by this division shall take effect on July 1, 2012.” Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

16. 2012

    Federal Public Transportation Act of 2012

    Pub. L. 112–141 § 20030(a)(1) · 126 Stat. 405

    Substituted · 49 U.S.C. § 5305(e)(1)(A)

    Pub. L. 112–141, § 20030(a)(1), substituted “section 5304 and 5306” for “sections 5304, 5306, 5315, and 5322” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 112–141, § 20030(a)(1), substituted “section 5304 and 5306” for “sections 5304, 5306, 5315, and 5322” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (e)(1)(A), by striking “sections 5304, 5306, 5315, and 5322” and inserting “section 5304 and 5306”;

    Effective date note
    Amendment by section 20030(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways. Pub. L. 112–141, div. G, title IV, § 114001, July 6, 2012, 126 Stat. 988, provided that: “This division [amending this section and sections 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of this title, enacting provisions set out as a note under section 101 of Title 23, Highways, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, and 31100 of this title] and the amendments made by this division shall take effect on July 1, 2012.” Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

17. 2012

    Federal Public Transportation Act of 2012

    Pub. L. 112–141 § 20030(a)(2) · 126 Stat. 405

    Substituted · 49 U.S.C. § 5305(f)

    Pub. L. 112–141, § 20030(a)(2), substituted “Government” for “Government’s” in text

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 112–141, § 20030(a)(2), substituted “Government” for “Government’s” in heading and “Government” for “Government’s” in text.

    Enacted provision · exact public law section
    (2) in subsection (f)— (A) in the heading, by striking “Government’s” and inserting “Government”; and (B) by striking “Government’s” and inserting “Government”; and

    Effective date note
    Amendment by section 20030(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways. Pub. L. 112–141, div. G, title IV, § 114001, July 6, 2012, 126 Stat. 988, provided that: “This division [amending this section and sections 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of this title, enacting provisions set out as a note under section 101 of Title 23, Highways, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, and 31100 of this title] and the amendments made by this division shall take effect on July 1, 2012.” Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

18. 2012

    Surface Transportation Extension Act of 2012, Part II

    Pub. L. 112–141 § 113001 · 126 Stat. 405

    Substituted · 49 U.S.C. § 5305(g)

    Pub. L. 112–141, § 113001, substituted “2012” for “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 112–141, § 113001, substituted “2012” for “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 113001. ALLOCATION OF FUNDS FOR PLANNING PROGRAMS.   Section 5305(g) of title 49, United States Code, is amended by striking “2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012” and inserting “2012”.

    Effective date note
    Amendment by section 20030(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways. Pub. L. 112–141, div. G, title IV, § 114001, July 6, 2012, 126 Stat. 988, provided that: “This division [amending this section and sections 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of this title, enacting provisions set out as a note under section 101 of Title 23, Highways, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, and 31100 of this title] and the amendments made by this division shall take effect on July 1, 2012.” Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

19. 2012

    Federal Public Transportation Act of 2012

    Pub. L. 112–141 § 20030(a)(3) · 126 Stat. 405

    Substituted · 49 U.S.C. § 5305(g)

    Pub. L. 112–141, § 20030(a)(3), substituted “section 5338(a)(2)(A) for a fiscal year” for “section 5338(c) for fiscal years 2005 through 2012” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–141, § 20030(a)(3), substituted “section 5338(a)(2)(A) for a fiscal year” for “section 5338(c) for fiscal years 2005 through 2012” in introductory provisions.

    Enacted provision · exact public law section
    (3) in subsection (g), by striking “section 5338(c) for fiscal years 2005 through 2012” and inserting “section 5338(a)(2)(A) for a fiscal year”.

    Effective date note
    Amendment by section 20030(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways. Pub. L. 112–141, div. G, title IV, § 114001, July 6, 2012, 126 Stat. 988, provided that: “This division [amending this section and sections 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of this title, enacting provisions set out as a note under section 101 of Title 23, Highways, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, and 31100 of this title] and the amendments made by this division shall take effect on July 1, 2012.” Amendment by Pub. L. 112–140 to cease to be effective on July 6, 2012, with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before June 29, 2012, and amendments by Pub. L. 112–141 to be executed as if Pub. L. 112–140 had not been enacted, see section 1(c) of Pub. L. 112–140, set out as a note under section 101 of Title 23, Highways.

20. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 30004(1) · 135 Stat. 429

    Substituted · 49 U.S.C. § 5305(e)(1)(A)

    Pub. L. 117–58, § 30004(1), substituted “this section and sections” for “this section and section”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 117–58, § 30004(1), substituted “this section and sections” for “this section and section”.

    Enacted provision · exact public law section
    (1) in subsection (e)(1)(A), in the matter preceding clause (i), by striking “this section and section” and inserting “this section and sections”; and

21. 2021

    Infrastructure Investment and Jobs Act

    Pub. L. 117–58 § 30004(2) · 135 Stat. 429

    1. Added · 49 U.S.C. § 5305(f)

       Pub. L. 117–58, § 30004(2), added subsec. (f)

    2. Struck · 49 U.S.C. § 5305(f)

       Pub. L. 117–58, § 30004(2), struck out former subsec. (f). Prior to amendment, text read as follows: “The Government 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.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 117–58, § 30004(2), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: “The Government 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.”

    Enacted provision · exact public law section
    (2) by striking subsection (f) and inserting the following: “(f) Government Share of Costs.— “(1) In general.— Except as provided in paragraph (2), the Government 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— “(A) not to require a State or local match; or “(B) to allow a Government share greater than 80 percent. “(2) Certain activities.— “(A) In general.— The Government share of the cost of an activity funded using amounts made available under this section shall be not less than 90 percent for an activity that assists parts of an urbanized area or rural area with lower population density or lower average income levels compared to— “(i) the applicable urbanized area; “(ii) the applicable rural area; “(iii) an adjoining urbanized area; or “(iv) an adjoining rural area. “(B) Report.— A State or metropolitan planning organization that carries out an activity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how the increased Government share for transportation planning activities benefits commuting and other essential travel in parts of the applicable urbanized area or rural area described in subparagraph (A) with lower population density or lower average income levels.” .

25 of 25 references resolved to an enrolled provision