Title 49 — Transportation
Chapter 53 — Public Transportation
§ 5311. Formula grants for rural areas
Statutory text
Definitions.—
As used in this section, the following definitions shall apply:
Recipient.—
The term “recipient” means a State or Indian tribe that receives a Federal transit program grant directly from the Government.
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.
General Authority.—
Grants authorized.—
Except as provided by paragraph (2), the Secretary may award grants under this section to recipients located in rural areas for—
planning, provided that a grant under this section for planning activities shall be in addition to funding awarded to a State under section 5305 for planning activities that are directed specifically at the needs of rural areas in the State;
public transportation capital projects;
operating costs of equipment and facilities for use in public transportation;
job access and reverse commute projects; and
the acquisition of public transportation services, including service agreements with private providers of public transportation service.
State program.—
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.
Submission to secretary.—
Each State shall submit to the Secretary annually the program described in subparagraph (A).
Approval.—
The Secretary may not approve the program unless the Secretary determines that—
the program provides a fair distribution of amounts in the State, including Indian reservations; and
the program provides the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources.
Rural transportation assistance program.—
In general.—
The Secretary shall carry out a rural transportation assistance program in rural areas.
Grants and contracts.—
In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available under section 5338(a)(2)(F) to make grants and contracts for transportation research, technical assistance, training, and related support services in rural areas.
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 competitively selected projects of a national scope, with the remaining balance provided to the States.
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—
total annual revenue;
sources of revenue;
total annual operating costs;
total annual capital costs;
fleet size and type, and related facilities;
vehicle revenue miles; and
ridership.
Apportionments.—
In general.—
Of the amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) to carry out this section—
an amount equal to 5 percent shall be available to carry out paragraph (2); and
3 percent shall be available to carry out paragraph (3).
Public transportation on indian reservations.—
For each fiscal year, the amounts made available under paragraph (1)(A) 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, of which—
20 percent shall be distributed by the Secretary on a competitive basis; and
80 percent shall be apportioned as formula grants as provided in subsection (j).
Appalachian development public transportation assistance program.—
Definitions.—
In this paragraph—
the term “Appalachian region” has the same meaning as in section 14102 of title 40; and
the term “eligible recipient” means a State that participates in a program established under subtitle IV of title 40.
In general.—
The Secretary shall carry out a public transportation assistance program in the Appalachian region.
Apportionment.—
Of amounts made available or appropriated for each fiscal year under section 5338(a)(2)(F) to carry out this paragraph, the Secretary shall apportion funds to eligible recipients for any purpose eligible under this section, based on the guidelines established under section 9.5(b) of the Appalachian Regional Commission Code.
Special rule.—
An eligible recipient may use amounts that cannot be used for operating expenses under this paragraph for a highway project if—
that use is approved, in writing, by the eligible recipient after appropriate notice and an opportunity for comment and appeal are provided to affected public transportation providers; and
the eligible recipient, in approving the use of amounts under this subparagraph, determines that the local transit needs are being addressed.
Remaining amounts.—
In general.—
The amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) that are not apportioned under paragraph (1) or (2) shall be apportioned in accordance with this paragraph.
Apportionment based on land area and population in nonurbanized areas.—
In general.—
83.15 percent of the amount described in subparagraph (A) shall be apportioned to the States in accordance with this subparagraph.
Land area.—
In general.—
Subject to subclause (II), each State shall receive an amount that is equal to 20 percent of the amount apportioned under clause (i), multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population.
Maximum apportionment.—
No State shall receive more than 5 percent of the amount apportioned under subclause (I).
Population.—
Each State shall receive an amount equal to 80 percent of the amount apportioned under clause (i), multiplied by the ratio of the population of rural areas in that State and divided by the population of all rural areas in the United States, as shown by the most recent decennial census of population.
Apportionment based on land area, vehicle revenue miles, and low-income individuals in nonurbanized areas.—
In general.—
16.85 percent of the amount described in subparagraph (A) shall be apportioned to the States in accordance with this subparagraph.
Land area.—
Subject to clause (v), each State shall receive an amount that is equal to 29.68 percent of the amount apportioned under clause (i), multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population.
Vehicle revenue miles.—
Subject to clause (v), each State shall receive an amount that is equal to 29.68 percent of the amount apportioned under clause (i), multiplied by the ratio of vehicle revenue miles in rural areas in that State and divided by the vehicle revenue miles in all rural areas in the United States, as determined by national transit database reporting.
Low-income individuals.—
Each State shall receive an amount that is equal to 40.64 percent of the amount apportioned under clause (i), multiplied by the ratio of low-income individuals in rural areas in that State and divided by the number of low-income individuals in all rural areas in the United States, as shown by the Bureau of the Census.
Maximum apportionment.—
No State shall receive—
more than 5 percent of the amount apportioned under clause (ii); or
more than 5 percent of the amount apportioned under clause (iii).
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 a rural area.
Use for Administration, Planning, and Technical Assistance.—
The Secretary may allow a State to use not more than 10 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 a rural area.
Intercity Bus Transportation.—
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—
planning and marketing for intercity bus transportation;
capital grants for intercity bus facilities;
joint-use facilities;
operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects; and
coordinating rural connections between small public transportation operations and intercity bus carriers.
Certification.—
A State does not have to comply with paragraph (1) of this subsection in a fiscal year in which the Governor 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.
Government Share of Costs.—
Capital projects.—
In general.—
Except as provided by subparagraph (B), a grant awarded under this section for a capital project or project administrative expenses shall be for 80 percent of the net costs of the project, as determined by the Secretary.
Exception.—
A State described in section 120(b) of title 23 shall receive a Government share of the net costs in accordance with the formula under that section.
Operating assistance.—
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.
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).
Remainder.—
The remainder of net project costs—
may be provided in cash from non-Government sources;
may be provided from revenues from the sale of advertising and concessions;
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;
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;
notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 1 of title 23; and
in the case of an intercity bus project that includes both feeder service and an unsubsidized segment of intercity bus service to which the feeder service connects, may be derived from the costs of a private operator for the unsubsidized segment of intercity bus service, including all operating and capital costs of such service whether or not offset by revenue from such service, as an in-kind match for the operating costs of connecting rural intercity bus feeder service funded under subsection (f), if the private operator agrees in writing to the use of the costs of the private operator for the unsubsidized segment of intercity bus service as an in-kind match.
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.
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.
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.
Relationship to Other Laws.—
In general.—
Section 5333(b) applies 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.
Rule of construction.—
This subsection does not affect or discharge a responsibility of the Secretary of Transportation under a law of the United States.
Formula Grants for Public Transportation on Indian Reservations.—
Apportionment.—
In general.—
Of the amounts described in subsection (c)(2)(B)—
50 percent of the total amount shall be apportioned so that each Indian tribe providing public transportation service shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of vehicle revenue miles provided by an Indian tribe divided by the total number of vehicle revenue miles provided by all Indian tribes, as reported to the Secretary;
25 percent of the total amount shall be apportioned equally among each Indian tribe providing at least 200,000 vehicle revenue miles of public transportation service annually, as reported to the Secretary; and
25 percent of the total amount shall be apportioned among each Indian tribe providing public transportation on tribal lands (American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census) on which more than 1,000 low-income individuals reside (as determined by the Bureau of the Census) so that each Indian tribe shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of low-income individuals residing on an Indian tribe’s lands divided by the total number of low-income individuals on tribal lands on which more than 1,000 low-income individuals reside.
Limitation.—
No recipient shall receive more than $300,000 of the amounts apportioned under subparagraph (A)(iii) in a fiscal year.
Remaining amounts.—
Of the amounts made available under subparagraph (A)(iii), any amounts not apportioned under that subparagraph shall be allocated among Indian tribes receiving less than $300,000 in a fiscal year according to the formula specified in that clause.
Low-income individuals.—
For purposes of subparagraph (A)(iii), the term “low-income individual” means an individual whose family income is at or below 100 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.
Allocation between multiple indian tribes.—
If more than 1 Indian tribe provides public transportation service on tribal lands in a single Tribal Statistical Area, and the Indian tribes do not determine how to allocate the funds apportioned under clause (iii) of subparagraph (A) between the Indian tribes, the Secretary shall allocate the funds so that each Indian tribe shall receive an amount equal to the total amount apportioned under such clause (iii) multiplied by the ratio of the number of annual unlinked passenger trips provided by each Indian tribe, as reported to the National Transit Database, to the total unlinked passenger trips provided by all Indian tribes in the Tribal Statistical Area.
Non-tribal service providers.—
A recipient that is an Indian tribe may use funds apportioned under this subsection to finance public transportation services provided by a non-tribal provider of public transportation that connects residents of tribal lands with surrounding communities, improves access to employment or healthcare, or otherwise addresses the mobility needs of tribal members.
Footnotes
- 1 See References in Text note below.
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.
Pub. L. 103–272 § 1(d) · 108 Stat. 745
Enacted · 49 U.S.C. § 5311
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 809
Source evidence
Code source credit
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 809Enacted provision · exact public law section
(d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Federal Transit Act of 1998
Pub. L. 105–178 § 3014(a)(1) · 112 Stat. 107
Substituted · 49 U.S.C. § 5311
Pub. L. 105–178, § 3014(a)(1), substituted “Formula grants” for “Financial assistance” in section catchline
Source evidence
Code amendment note
Pub. L. 105–178, § 3014(a)(1), substituted “Formula grants” for “Financial assistance” in section catchline.Enacted provision · exact public law section
(1) in the section heading, by striking “ Financial assistance” and inserting “Formula grants”; andFederal Transit Act of 1998
Pub. L. 105–178 § 3014(a)(2) · 112 Stat. 107
Struck · 49 U.S.C. § 5311(f)(1)
Pub. L. 105–178, § 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
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 105–178, § 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.Enacted provision · exact public law section
(2) in subsection (f)(1) by striking “10 percent of the amount made available in the fiscal year ending September 30, 1993, and”.Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(a) · 119 Stat. 1144
Amended · 49 U.S.C. § 5311(a)
Pub. L. 109–59, § 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.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–59, § 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.”Enacted provision · exact public law section
(a) Definitions.— Section 5311(a) is amended to read as follows: “(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.” .Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(b) · 119 Stat. 1144
Amended · 49 U.S.C. § 5311(b)
Pub. L. 109–59, § 3013(b), reenacted heading without change and amended text of subsec. (b) generally. Prior to amendment, text read as follows:
Source evidence
Code amendment note
Subsec. (b). Pub. L. 109–59, § 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.”
Enacted provision · exact public law section
(b) General Authority.— Section 5311(b) is amended to read as follows: “(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.” .Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(c) · 119 Stat. 1144
Amended · 49 U.S.C. § 5311(c)
Pub. L. 109–59, § 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.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–59, § 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.”Enacted provision · exact public law section
(c) Apportionments.— Section 5311(c) is amended to read as follows: “(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.” .Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(d) · 119 Stat. 1144
Struck and inserted · 49 U.S.C. § 5311(e)
Pub. L. 109–59, § 3013(d), inserted “, Planning,” after “Administration” in heading and in text struck out “(1)” before “The Secretary”
Substituted · 49 U.S.C. § 5311(e)
Pub. L. 109–59, § 3013(d), substituted “subrecipient” for “recipient”
Struck · 49 U.S.C. § 5311(e)
Pub. L. 109–59, § 3013(d), 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.”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 109–59, § 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.”Enacted provision · exact public law section
(d) Use for Administration, Planning, and Technical Assistance.— Section 5311(e) is amended— (1) in the subsection heading by inserting “, Planning,” after “Administration”; (2) by striking “(1) The Secretary” and inserting “The Secretary”; (3) by striking paragraph (2); and (4) by striking “recipient” and inserting “subrecipient”.Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5311(e)(1)
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places.Enacted provision · exact public law section
(4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(e)(1) · 119 Stat. 1144
Inserted · 49 U.S.C. § 5311(f)(1)
Pub. L. 109–59, § 3013(e)(1), inserted heading
Struck · 49 U.S.C. § 5311(f)(1)
Pub. L. 109–59, § 3013(e)(1), struck out “after September 30, 1993,” after “in each fiscal year” in introductory provisions and realigned margins of subpars. (A) to (D)
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 109–59, § 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).Enacted provision · exact public law section
(1) in paragraph (1)— (A) by striking “(1) A State” and inserting the following: “(1) In general.— A State” ; (B) by striking “after September 30, 1993,”; and (C) by moving subparagraphs (A) through (D) 2 ems to the right; andFederal Public Transportation Act of 2005
Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5311(f)(1)(E)
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”
Source evidence
Code amendment note
Subsec. (f)(1)(E). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.Enacted provision · exact public law section
(4) 49 USC 5301, 5302, 5307, 5311–5314, 5318, 5319, 5321–5323, 5330, 5331, 5333–5336. by striking “mass” each place the term appears before “transportation” and inserting “public”, except in sections 5301(f), 5302(a)(7), 5315, and 5323(a)(1).Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(e)(2) · 119 Stat. 1144
Inserted · 49 U.S.C. § 5311(f)(2)
Pub. L. 109–59, § 3013(e)(2), inserted heading
Substituted · 49 U.S.C. § 5311(f)(2)
Pub. L. 109–59, § 3013(e)(2), substituted “Secretary, after consultation with affected intercity bus service providers,” for “Secretary of Transportation”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 109–59, § 3013(e)(2), inserted heading and substituted “Secretary, after consultation with affected intercity bus service providers,” for “Secretary of Transportation”.Enacted provision · exact public law section
(2) in paragraph (2)— (A) by striking “(2) A State” and inserting the following: “(2) Certification.— A State” ; and (B) by striking “Secretary of Transportation” and inserting “Secretary, after consultation with affected intercity bus service providers,”.Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(f) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5311(g)
Pub. L. 109–59, § 3013(f), substituted “Government” for “Government’s” in heading
Amended · 49 U.S.C. § 5311(g)
Pub. L. 109–59, § 3013(f), amended text generally. Prior to amendment, text read as follows:
Source evidence
Code amendment note
Subsec. (g). Pub. L. 109–59, § 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.”
Enacted provision · exact public law section
(f) Government Share of Costs.— Section 5311(g) is amended to read as follows: “(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.” .Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(g) · 119 Stat. 1144
Redesignated · 49 U.S.C. § 5311(h)
Pub. L. 109–59, § 3013(g), redesignated subsec. (i) as (h)
Struck · 49 U.S.C. § 5311(h)
Pub. L. 109–59, § 3013(g), 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.”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 109–59, § 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.”Enacted provision · exact public law section
(g) Relationship to Other Laws.— Section 5311 is amended— (1) by striking subsection (h); and (2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively.Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(g)(2) · 119 Stat. 1144
Redesignated · 49 U.S.C. § 5311(i)
Pub. L. 109–59, § 3013(g)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 109–59, § 3013(g)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).Enacted provision · exact public law section
(2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively.Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(h) · 119 Stat. 1144
Redesignated · 49 U.S.C. § 5311(i)(1)
Pub. L. 109–59, § 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, § 3013(g)(2). See above
Source evidence
Code amendment note
Subsec. (i)(1). Pub. L. 109–59, § 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, § 3013(g)(2). See above.Enacted provision · exact public law section
(h) Waiver Condition.— Section 5311(j)(1) is amended by striking “but the Secretary of Labor may waive the application of section 5333(b)” and inserting “if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees”.Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3013(g)(2) · 119 Stat. 1144
Redesignated · 49 U.S.C. § 5311(j)
Pub. L. 109–59, § 3013(g)(2), redesignated subsec. (j) as (i)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 109–59, § 3013(g)(2), redesignated subsec. (j) as (i).Enacted provision · exact public law section
(2) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively.SAFETEA–LU Technical Corrections Act of 2008
Pub. L. 110–244 § 201(e)(1) · 122 Stat. 1572
Substituted · 49 U.S.C. § 5311(g)(1)(A)
Pub. L. 110–244, § 201(e)(1), (2), substituted “for a capital project or project administrative expenses” for “for any purpose other than operating assistance”
Struck · 49 U.S.C. § 5311(g)(1)(A)
Pub. L. 110–244, § 201(e)(1), (2), struck out “capital” after “net”
Source evidence
Code amendment note
Subsec. (g)(1)(A). Pub. L. 110–244, § 201(e)(1), (2), substituted “for a capital project or project administrative expenses” for “for any purpose other than operating assistance” and struck out “capital” after “net”.Enacted provision · exact public law section
(1) in subsection (g)(1)(A) by striking “for any purpose other than operating assistance” and inserting “for a capital project or project administrative expenses”;SAFETEA–LU Technical Corrections Act of 2008
Pub. L. 110–244 § 201(e)(2) · 122 Stat. 1572
Struck · 49 U.S.C. § 5311(g)(1)(B)
Pub. L. 110–244, § 201(e)(2), struck out “capital” after “net”
Source evidence
Code amendment note
Subsec. (g)(1)(B). Pub. L. 110–244, § 201(e)(2), struck out “capital” after “net”.Enacted provision · exact public law section
(2) in subsections (g)(1)(A) and (g)(1)(B) by striking “capital” after “net”; andSAFETEA–LU Technical Corrections Act of 2008
Pub. L. 110–244 § 201(e)(3) · 122 Stat. 1572
Substituted · 49 U.S.C. § 5311(i)(1)
Pub. L. 110–244, § 201(e)(3), substituted “Section 5333(b) applies” for “Sections 5323(a)(1)(D) and 5333(b) of this title apply”
Source evidence
Code amendment note
Subsec. (i)(1). Pub. L. 110–244, § 201(e)(3), substituted “Section 5333(b) applies” for “Sections 5323(a)(1)(D) and 5333(b) of this title apply”.Enacted provision · exact public law section
(3) in subsection (i)(1) by striking “Sections 5323(a)(1)(D) and 5333(b) of this title apply” and inserting “Section 5333(b) applies”.Surface Transportation Extension Act of 2010
Pub. L. 111–147 title IV § 434 · 124 Stat. 71
Added · 49 U.S.C. § 5311(c)(1)(E)
Pub. L. 111–147 added subpar. (E)
Source evidence
Code amendment note
Subsec. (c)(1)(E). Pub. L. 111–147 added subpar. (E).Enacted provision · exact public law section
SEC. 434. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. Section 5311(c)(1) of title 49, United States Code, is amended by adding at the end the following: “(E) $15,000,000 for fiscal year 2010. “(F) $3,750,000 for the period beginning October 1, 2010, and ending December 31, 2010.” .Surface Transportation Extension Act of 2010
Pub. L. 111–147 title IV § 434 · 124 Stat. 71
Added · 49 U.S.C. § 5311(c)(1)(F)
Pub. L. 111–147 added subpar. (F)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 111–147 added subpar. (F).Enacted provision · exact public law section
SEC. 434. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. Section 5311(c)(1) of title 49, United States Code, is amended by adding at the end the following: “(E) $15,000,000 for fiscal year 2010. “(F) $3,750,000 for the period beginning October 1, 2010, and ending December 31, 2010.” .Surface Transportation Extension Act of 2010, Part II
Pub. L. 111–322 title II § 2304 · 124 Stat. 3518
Amended · 49 U.S.C. § 5311(c)(1)(F)
Pub. L. 111–322 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$3,750,000 for the period beginning October 1, 2010, and ending December 31, 2010.”
Source evidence
Code amendment note
Subsec. (c)(1)(F). Pub. L. 111–322 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$3,750,000 for the period beginning October 1, 2010, and ending December 31, 2010.”Enacted provision · exact public law section
SEC. 2304. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. Section 5311(c)(1)(F) of title 49, United States Code, is amended to read as follows: “(F) $6,369,000 for the period beginning October 1, 2010 and ending March 4, 2011.” .Surface Transportation Extension Act of 2011
Pub. L. 112–5 title III § 304 · 125 Stat. 19
Amended · 49 U.S.C. § 5311(c)(1)(F)
Pub. L. 112–5 amended subpar. (F) generally. Prior to amendment, text read as follows: “$6,369,000 for the period beginning October 1, 2010 and ending March 4, 2011.”
Source evidence
Code amendment note
Subsec. (c)(1)(F). Pub. L. 112–5 amended subpar. (F) generally. Prior to amendment, text read as follows: “$6,369,000 for the period beginning October 1, 2010 and ending March 4, 2011.”Enacted provision · exact public law section
SEC. 304. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. Section 5311(c)(1)(F) of title 49, United States Code, is amended to read as follows: “(F) $15,000,000 for fiscal year 2011.” .Surface Transportation Extension Act of 2011, Part II
Pub. L. 112–30 title I § 134 · 125 Stat. 351
Added · 49 U.S.C. § 5311(c)(1)(G)
Pub. L. 112–30 added subpar. (G)
Source evidence
Code amendment note
Subsec. (c)(1)(G). Pub. L. 112–30 added subpar. (G).Enacted provision · exact public law section
SEC. 134. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. Section 5311(c)(1) of title 49, United States Code, is amended by adding at the end the following: “(G) $7,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.” .Surface Transportation Extension Act of 2012
Pub. L. 112–102 title III § 304 · 126 Stat. 271
Amended · 49 U.S.C. § 5311(c)(1)(G)
Pub. L. 112–102 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “$7,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–102 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “$7,500,000 for the period beginning on October 1, 2011, and ending on March 31, 2012.”Enacted provision · exact public law section
SEC. 304. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. Section 5311(c)(1)(G) of title 49, United States Code, is amended to read as follows: “(G) $11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.” .Temporary Surface Transportation Extension Act of 2012
Pub. L. 112–140 title III § 304 · 126 Stat. 391
Amended · 49 U.S.C. § 5311(c)(1)(G)
Pub. L. 112–140, §§ 1(c), 304, temporarily amended subpar. (G) generally, apportioning $11,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012. 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), 304, temporarily amended subpar. (G) generally, apportioning $11,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012. See Effective and Termination Dates of 2012 Amendment note below.Enacted provision · exact public law section
SEC. 304. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. Section 5311(c)(1)(G) of title 49, United States Code, is amended to read as follows: “(G) $11,400,000 for the period beginning on October 1, 2011, and ending on July 6, 2012.” .Federal Public Transportation Act of 2012
Pub. L. 112–141 § 20010 · 126 Stat. 405
Amended · 49 U.S.C. § 5311
Pub. L. 112–141, § 20010, amended section generally. Prior to amendment, section related to formula grants for other than urbanized areas
Source evidence
Code amendment note
Pub. L. 112–141, § 20010, amended section generally. Prior to amendment, section related to formula grants for other than urbanized areas.Enacted provision · exact public law section
SEC. 20010. FORMULA GRANTS FOR RURAL AREAS. Section 5311 of title 49, United States Code, is amended to read as follows: “§ 5311. Formula grants for rural areas “(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 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 rural areas for— “(A) planning, provided that a grant under this section for planning activities shall be in addition to funding awarded to a State under section 5305 for planning activities that are directed specifically at the needs of rural areas in the State; “(B) public transportation capital projects; “(C) operating costs of equipment and facilities for use in public transportation; “(D) job access and reverse commute projects; and “(E) the acquisition of public transportation services, including service agreements with private providers of public transportation service. “(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 rural areas. “(B) Grants and contracts.— In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available under section 5338(a)(2)(E) to make grants and contracts for transportation research, technical assistance, training, and related support services in rural 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 competitively selected 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) vehicle revenue 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 section 5338(a)(2)(E) to carry out this paragraph, the following amounts shall be apportioned each fiscal year 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) $5,000,000 shall be distributed on a competitive basis by the Secretary. “(B) $25,000,000 shall be apportioned as formula grants, as provided in subsection (j). “(2) Appalachian development public transportation assistance program.— “(A) Definitions.— In this paragraph— “(i) the term ‘Appalachian region’ has the same meaning as in section 14102 of title 40; and “(ii) the term ‘eligible recipient’ means a State that participates in a program established under subtitle IV of title 40. “(B) In general.— The Secretary shall carry out a public transportation assistance program in the Appalachian region. “(C) Apportionment.— Of amounts made available or appropriated for each fiscal year under section 5338(a)(2)(E) to carry out this paragraph, the Secretary shall apportion funds to eligible recipients for any purpose eligible under this section, based on the guidelines established under section 9.5(b) of the Appalachian Regional Commission Code. “(D) Special rule.— An eligible recipient may use amounts that cannot be used for operating expenses under this paragraph for a highway project if— “(i) that use is approved, in writing, by the eligible recipient after appropriate notice and an opportunity for comment and appeal are provided to affected public transportation providers; and “(ii) the eligible recipient, in approving the use of amounts under this subparagraph, determines that the local transit needs are being addressed. “(3) Remaining amounts.— “(A) In general.— The amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(E) that are not apportioned under paragraph (1) or (2) shall be apportioned in accordance with this paragraph. “(B) Apportionment based on land area and population in nonurbanized areas.— “(i) In general.— 83.15 percent of the amount described in subparagraph (A) shall be apportioned to the States in accordance with this subparagraph. “(ii) Land area.— “(I) In general.— Subject to subclause (II), each State shall receive an amount that is equal to 20 percent of the amount apportioned under clause (i), multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population. “(II) Maximum apportionment.— No State shall receive more than 5 percent of the amount apportioned under subclause (I). “(iii) Population.— Each State shall receive an amount equal to 80 percent of the amount apportioned under clause (i), multiplied by the ratio of the population of rural areas in that State and divided by the population of all rural areas in the United States, as shown by the most recent decennial census of population. “(C) Apportionment based on land area, vehicle revenue miles, and low-income individuals in nonurbanized areas.— “(i) In general.— 16.85 percent of the amount described in subparagraph (A) shall be apportioned to the States in accordance with this subparagraph. “(ii) Land area.— Subject to clause (v), each State shall receive an amount that is equal to 29.68 percent of the amount apportioned under clause (i), multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population. “(iii) Vehicle revenue miles.— Subject to clause (v), each State shall receive an amount that is equal to 29.68 percent of the amount apportioned under clause (i), multiplied by the ratio of vehicle revenue miles in rural areas in that State and divided by the vehicle revenue miles in all rural areas in the United States, as determined by national transit database reporting. “(iv) Low-income individuals.— Each State shall receive an amount that is equal to 40.64 percent of the amount apportioned under clause (i), multiplied by the ratio of low-income individuals in rural areas in that State and divided by the number of low-income individuals in all rural areas in the United States, as shown by the Bureau of the Census. “(v) Maximum apportionment.— No State shall receive— “(I) more than 5 percent of the amount apportioned under clause (ii); or “(II) more than 5 percent of the amount apportioned under clause (iii). “(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 a rural area. “(e) Use for Administration, Planning, and Technical Assistance.— The Secretary may allow a State to use not more than 10 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 a rural 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 facilities; “(C) joint-use facilities; “(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 Governor 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 a capital project or project administrative expenses shall be for 80 percent of the net 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 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; “(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; and “(D) in the case of an intercity bus project that includes both feeder service and an unsubsidized segment of intercity bus service to which the feeder service connects, may be derived from the costs of a private operator for the unsubsidized segment of intercity bus service as an in-kind match for the operating costs of connecting rural intercity bus feeder service funded under subsection (f), if the private operator agrees in writing to the use of the costs of the private operator for the unsubsidized segment of intercity bus service as an in-kind match. “(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) In general.— Section 5333(b) applies 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) Rule of construction.— This subsection does not affect or discharge a responsibility of the Secretary of Transportation under a law of the United States. “(j) Formula Grants for Public Transportation on Indian Reservations.— “(1) Apportionment.— “(A) In general.— Of the amounts described in subsection (c)(1)(B)— “(i) 50 percent of the total amount shall be apportioned so that each Indian tribe providing public transportation service shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of vehicle revenue miles provided by an Indian tribe divided by the total number of vehicle revenue miles provided by all Indian tribes, as reported to the Secretary; “(ii) 25 percent of the total amount shall be apportioned equally among each Indian tribe providing at least 200,000 vehicle revenue miles of public transportation service annually, as reported to the Secretary; and “(iii) 25 percent of the total amount shall be apportioned among each Indian tribe providing public transportation on tribal lands (as defined by the Bureau of the Census) on which more than 1,000 low-income individuals reside (as determined by the Bureau of the Census) so that each Indian tribe shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of low-income individuals residing on an Indian tribe’s lands divided by the total number of low-income individuals on tribal lands on which more than 1,000 low-income individuals reside. “(B) Limitation.— No recipient shall receive more than $300,000 of the amounts apportioned under subparagraph (A)(iii) in a fiscal year. “(C) Remaining amounts.— Of the amounts made available under subparagraph (A)(iii), any amounts not apportioned under that subparagraph shall be allocated among Indian tribes receiving less than $300,000 in a fiscal year according to the formula specified in that clause. “(D) Low-income individuals.— For purposes of subparagraph (A)(iii), the term ‘low-income individual’ means an individual whose family income is at or below 100 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. “(2) Non-tribal service providers.— A recipient that is an Indian tribe may use funds apportioned under this subsection to finance public transportation services provided by a non-tribal provider of public transportation that connects residents of tribal lands with surrounding communities, improves access to employment or healthcare, or otherwise addresses the mobility needs of tribal members.” .Surface Transportation Extension Act of 2012, Part II
Pub. L. 112–141 § 113004 · 126 Stat. 405
Amended · 49 U.S.C. § 5311(c)(1)(G)
Pub. L. 112–141, § 113004, amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “$11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.”
Source evidence
Code amendment note
Subsec. (c)(1)(G). Pub. L. 112–141, § 113004, amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “$11,250,000 for the period beginning on October 1, 2011, and ending on June 30, 2012.”Enacted provision · exact public law section
SEC. 113004. APPORTIONMENT OF FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS. Section 5311(c)(1)(G) of title 49, United States Code, is amended to read as follows: “(G) $15,000,000 for fiscal year 2012.” .Highway and Transportation Funding Act of 2014
Pub. L. 113–159 § 1201(1) · 128 Stat. 1839
Inserted · 49 U.S.C. § 5311(c)(1)(A)
Pub. L. 113–159, § 1201(1), inserted “for each fiscal year ending before October 1, 2014, and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be distributed”
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 113–159, § 1201(1), inserted “for each fiscal year ending before October 1, 2014, and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be distributed”.Enacted provision · exact public law section
(1) in subparagraph (A) by inserting “for each fiscal year ending before October 1, 2014, and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be distributed”; andHighway and Transportation Funding Act of 2014
Pub. L. 113–159 § 1201(2) · 128 Stat. 1839
Inserted · 49 U.S.C. § 5311(c)(1)(B)
Pub. L. 113–159, § 1201(2), inserted “for each fiscal year ending before October 1, 2014, and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be apportioned”
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 113–159, § 1201(2), inserted “for each fiscal year ending before October 1, 2014, and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be apportioned”.Enacted provision · exact public law section
(2) in subparagraph (B) by inserting “for each fiscal year ending before October 1, 2014, and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be apportioned”.Highway and Transportation Funding Act of 2015
Pub. L. 114–21 § 1201(1) · 129 Stat. 218
Substituted · 49 U.S.C. § 5311(c)(1)(A)
Pub. L. 114–21, § 1201(1), substituted “and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–21, § 1201(1), substituted “and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.Enacted provision · exact public law section
(1) in subparagraph (A) by striking “and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015,” and inserting “and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,”; andHighway and Transportation Funding Act of 2015
Pub. L. 114–21 § 1201(2) · 129 Stat. 218
Substituted · 49 U.S.C. § 5311(c)(1)(B)
Pub. L. 114–21, § 1201(2), substituted “and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–21, § 1201(2), substituted “and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.Enacted provision · exact public law section
(2) in subparagraph (B) by striking “and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015,” and inserting “and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.Surface Transportation and Veterans Health Care Choice Improvement Act of 2015
Pub. L. 114–41 § 1201(1) · 129 Stat. 443
Substituted · 49 U.S.C. § 5311(c)(1)(A)
Pub. L. 114–41, § 1201(1), substituted “for each fiscal year ending before October 1, 2015, and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “for each fiscal year ending before October 1, 2014, and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–41, § 1201(1), substituted “for each fiscal year ending before October 1, 2015, and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “for each fiscal year ending before October 1, 2014, and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.Enacted provision · exact public law section
(1) in subparagraph (A) by striking “for each fiscal year ending before October 1, 2014, and $4,164,384 for the period beginning on October 1, 2014, and ending on July 31, 2015,” and inserting “for each fiscal year ending before October 1, 2015, and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,”; andSurface Transportation and Veterans Health Care Choice Improvement Act of 2015
Pub. L. 114–41 § 1201(2) · 129 Stat. 443
Substituted · 49 U.S.C. § 5311(c)(1)(B)
Pub. L. 114–41, § 1201(2), substituted “for each fiscal year ending before October 1, 2015, and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “for each fiscal year ending before October 1, 2014, and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–41, § 1201(2), substituted “for each fiscal year ending before October 1, 2015, and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “for each fiscal year ending before October 1, 2014, and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.Enacted provision · exact public law section
(2) in subparagraph (B) by striking “for each fiscal year ending before October 1, 2014, and $20,821,918 for the period beginning on October 1, 2014, and ending on July 31, 2015,” and inserting “for each fiscal year ending before October 1, 2015, and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.Surface Transportation Extension Act of 2015
Pub. L. 114–73 § 1201(1) · 129 Stat. 568
Substituted · 49 U.S.C. § 5311(c)(1)(A)
Pub. L. 114–73, § 1201(1), substituted “and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–73, § 1201(1), substituted “and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.Enacted provision · exact public law section
(1) in subparagraph (A) by striking “and $396,175 for the period beginning on October 1, 2015, and ending on October 29, 2015,” and inserting “and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,”; andSurface Transportation Extension Act of 2015
Pub. L. 114–73 § 1201(2) · 129 Stat. 568
Substituted · 49 U.S.C. § 5311(c)(1)(B)
Pub. L. 114–73, § 1201(2), substituted “and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–73, § 1201(2), substituted “and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.Enacted provision · exact public law section
(2) in subparagraph (B) by striking “and $1,980,874 for the period beginning on October 1, 2015, and ending on October 29, 2015,” and inserting “and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.Surface Transportation Extension Act of 2015, Part II
Pub. L. 114–87 § 1201(1) · 129 Stat. 677
Substituted · 49 U.S.C. § 5311(c)(1)(A)
Pub. L. 114–87, § 1201(1), substituted “and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–87, § 1201(1), substituted “and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.Enacted provision · exact public law section
(1) in subparagraph (A) by striking “and $696,721 for the period beginning on October 1, 2015, and ending on November 20, 2015,” and inserting “and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015,”; andSurface Transportation Extension Act of 2015, Part II
Pub. L. 114–87 § 1201(2) · 129 Stat. 677
Substituted · 49 U.S.C. § 5311(c)(1)(B)
Pub. L. 114–87, § 1201(2), substituted “and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 114–87, § 1201(2), substituted “and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.Enacted provision · exact public law section
(2) in subparagraph (B) by striking “and $3,483,607 for the period beginning on October 1, 2015, and ending on November 20, 2015,” and inserting “and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015,”.Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3007(b)(1) · 129 Stat. 1312
Substituted · 49 U.S.C. § 5311(b)(3)(B)
Pub. L. 114–94, § 3007(b)(1), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”
Source evidence
Code amendment note
Subsec. (b)(3)(B). Pub. L. 114–94, § 3007(b)(1), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”.Enacted provision · exact public law section
(1) in subsection (b) by striking “5338(a)(2)(E)” and inserting “5338(a)(2)(F)”;Effective date note
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3007(b)(2)(A) · 129 Stat. 1312
Substituted · 49 U.S.C. § 5311(c)(1)
Pub. L. 114–94, § 3007(b)(2)(A), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 114–94, § 3007(b)(2)(A), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)” in introductory provisions.Enacted provision · exact public law section
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking “5338(a)(2)(E)” and inserting “5338(a)(2)(F)”;Effective date note
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3007(a)(1) · 129 Stat. 1312
Added · 49 U.S.C. § 5311(c)(1)(A)
Pub. L. 114–94, § 3007(a)(1), added subpar. (A)
Struck · 49 U.S.C. § 5311(c)(1)(A)
Pub. L. 114–94, § 3007(a)(1), struck out former subpar. (A), which read as follows: “$5,000,000 for each fiscal year ending before October 1, 2015, and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be distributed on a competitive basis by the Secretary.”
Source evidence
Code amendment note
Subsec. (c)(1)(A). Pub. L. 114–94, § 3007(a)(1), added subpar. (A) and struck out former subpar. (A), which read as follows: “$5,000,000 for each fiscal year ending before October 1, 2015, and $887,978 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be distributed on a competitive basis by the Secretary.”Enacted provision · exact public law section
(1) in subsection (c)(1), by striking subparagraphs (A) and (B) and inserting the following: “(A) $5,000,000 for each fiscal year shall be distributed on a competitive basis by the Secretary. “(B) $30,000,000 for each fiscal year shall be apportioned as formula grants, as provided in subsection (j).” ;Effective date note
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3007(a)(1) · 129 Stat. 1312
Added · 49 U.S.C. § 5311(c)(1)(B)
Pub. L. 114–94, § 3007(a)(1), added subpar. (B)
Struck · 49 U.S.C. § 5311(c)(1)(B)
Pub. L. 114–94, § 3007(a)(1), struck out former subpar. (B), which read as follows: “$25,000,000 for each fiscal year ending before October 1, 2015, and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be apportioned as formula grants, as provided in subsection (j).”
Source evidence
Code amendment note
Subsec. (c)(1)(B). Pub. L. 114–94, § 3007(a)(1), added subpar. (B) and struck out former subpar. (B), which read as follows: “$25,000,000 for each fiscal year ending before October 1, 2015, and $4,439,891 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be apportioned as formula grants, as provided in subsection (j).”Enacted provision · exact public law section
(1) in subsection (c)(1), by striking subparagraphs (A) and (B) and inserting the following: “(A) $5,000,000 for each fiscal year shall be distributed on a competitive basis by the Secretary. “(B) $30,000,000 for each fiscal year shall be apportioned as formula grants, as provided in subsection (j).” ;Effective date note
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3007(b)(2)(B) · 129 Stat. 1312
Substituted · 49 U.S.C. § 5311(c)(2)(C)
Pub. L. 114–94, § 3007(b)(2)(B), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”
Source evidence
Code amendment note
Subsec. (c)(2)(C). Pub. L. 114–94, § 3007(b)(2)(B), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”.Enacted provision · exact public law section
(B) in paragraph (2)(C), by striking “5338(a)(2)(E)” and inserting “5338(a)(2)(F)”; andEffective date note
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3007(b)(2)(C) · 129 Stat. 1312
Substituted · 49 U.S.C. § 5311(c)(3)(A)
Pub. L. 114–94, § 3007(b)(2)(C), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”
Source evidence
Code amendment note
Subsec. (c)(3)(A). Pub. L. 114–94, § 3007(b)(2)(C), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”.Enacted provision · exact public law section
(C) in paragraph (3)(A), by striking “5338(a)(2)(E)” and inserting “5338(a)(2)(F)”.Effective date note
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3007(a)(2) · 129 Stat. 1312
Added · 49 U.S.C. § 5311(g)(3)
Pub. L. 114–94, § 3007(a)(2), added subpars. (A) and (B)
Redesignated · 49 U.S.C. § 5311(g)(3)
Pub. L. 114–94, § 3007(a)(2), redesignated former subpars. (A) to (D) as (C) to (F), respectively, and in subpar. (F)
Inserted · 49 U.S.C. § 5311(g)(3)
Pub. L. 114–94, § 3007(a)(2), inserted “, including all operating and capital costs of such service whether or not offset by revenue from such service,” after “the costs of a private operator for the unsubsidized segment of intercity bus service”
Source evidence
Code amendment note
Subsec. (g)(3). Pub. L. 114–94, § 3007(a)(2), added subpars. (A) and (B), redesignated former subpars. (A) to (D) as (C) to (F), respectively, and in subpar. (F), inserted “, including all operating and capital costs of such service whether or not offset by revenue from such service,” after “the costs of a private operator for the unsubsidized segment of intercity bus service”.Enacted provision · exact public law section
(2) in subsection (g)(3)— (A) by redesignating subparagraphs (A) through (D) as subparagraphs (C) through (F), respectively; (B) by inserting before subparagraph (C) (as so redesignated) the following: “(A) may be provided in cash from non-Government sources; “(B) may be provided from revenues from the sale of advertising and concessions;” ; (C) in subparagraph (F) (as so redesignated) by inserting “, including all operating and capital costs of such service whether or not offset by revenue from such service,” after “the costs of a private operator for the unsubsidized segment of intercity bus service”; andEffective date note
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3007(a)(3)(A) · 129 Stat. 1312
Substituted · 49 U.S.C. § 5311(j)(1)(A)(iii)
Pub. L. 114–94, § 3007(a)(3)(A), substituted “(American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census)” for “(as defined by the Bureau of the Census)”
Source evidence
Code amendment note
Subsec. (j)(1)(A)(iii). Pub. L. 114–94, § 3007(a)(3)(A), substituted “(American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census)” for “(as defined by the Bureau of the Census)”.Enacted provision · exact public law section
(A) in subparagraph (A)(iii), by striking “(as defined by the Bureau of the Census)” and inserting “(American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census)”; andEffective date note
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3007(a)(3)(B) · 129 Stat. 1312
Added · 49 U.S.C. § 5311(j)(1)(E)
Pub. L. 114–94, § 3007(a)(3)(B), added subpar. (E)
Source evidence
Code amendment note
Subsec. (j)(1)(E). Pub. L. 114–94, § 3007(a)(3)(B), added subpar. (E).Enacted provision · exact public law section
(B) by adding at the end the following: “(E) Allocation between multiple indian tribes.— If more than 1 Indian tribe provides public transportation service on tribal lands in a single Tribal Statistical Area, and the Indian tribes do not determine how to allocate the funds apportioned under clause (iii) of subparagraph (A) between the Indian tribes, the Secretary shall allocate the funds so that each Indian tribe shall receive an amount equal to the total amount apportioned under such clause (iii) multiplied by the ratio of the number of annual unlinked passenger trips provided by each Indian tribe, as reported to the National Transit Database, to the total unlinked passenger trips provided by all Indian tribes in the Tribal Statistical Area.” .Effective date note
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 30006(1) · 135 Stat. 429
Added · 49 U.S.C. § 5311(c)
Pub. L. 117–58, § 30006(1), added pars. (1) and (2)
Struck · 49 U.S.C. § 5311(c)
Pub. L. 117–58, § 30006(1), struck out former par. (1) which related to public transportation on Indian reservations
Redesignated · 49 U.S.C. § 5311(c)
Pub. L. 117–58, § 30006(1), redesignated former pars. (2) and (3) as (3) and (4), respectively
Source evidence
Code amendment note
Subsec. (c). Pub. L. 117–58, § 30006(1), added pars. (1) and (2), struck out former par. (1) which related to public transportation on Indian reservations, and redesignated former pars. (2) and (3) as (3) and (4), respectively.Enacted provision · exact public law section
(1) in subsection (c)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by striking paragraph (1) and inserting the following: “(1) In general.— Of the amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) to carry out this section— “(A) an amount equal to 5 percent shall be available to carry out paragraph (2); and “(B) 3 percent shall be available to carry out paragraph (3). “(2) Public transportation on indian reservations.— For Apportionment. each fiscal year, the amounts made available under paragraph (1)(A) 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, of which— “(A) 20 percent shall be distributed by the Secretary on a competitive basis; and “(B) 80 percent shall be apportioned as formula grants as provided in subsection (j).” ; andInfrastructure Investment and Jobs Act
Pub. L. 117–58 § 30006(2) · 135 Stat. 429
Substituted · 49 U.S.C. § 5311(j)(1)(A)
Pub. L. 117–58, § 30006(2), substituted “subsection (c)(2)(B)” for “subsection (c)(1)(B)” in introductory provisions
Source evidence
Code amendment note
Subsec. (j)(1)(A). Pub. L. 117–58, § 30006(2), substituted “subsection (c)(2)(B)” for “subsection (c)(1)(B)” in introductory provisions.Enacted provision · exact public law section
(2) in subsection (j)(1)(A), in the matter preceding clause (i), by striking “subsection (c)(1)(B)” and inserting “subsection (c)(2)(B)”.
62 of 62 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 5311(a) | 49 App.:1614(c) (3d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(b), (c) (2d, 3d sentences), (d), (e) (1st–4th sentences), (f); added Nov. 6, 1978, Pub. L. 95–599, § 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, § 18(h); added Apr. 2, 1987, Pub. L. 100–17, § 323, 101 Stat. 235. |
| 5311(c) | 49 App.:1614(a) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(a) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, § 313, 92 Stat. 2748; Jan. 6, 1983, Pub. L. 97–424, § 316(a), 96 Stat. 2153. |
| 49 App.:1614(a) (2d sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(a) (2d sentence); added Nov. 6, 1978, Pub. L. 95–599, § 313, 92 Stat. 2748; Dec. 18, 1991, Pub. L. 102–240, § 3024, 105 Stat. 2112. | |
| 49 App.:1614(c) (1st sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(c) (1st sentence); added Nov. 6, 1978, Pub. L. 95–599, § 313, 92 Stat. 2749; Jan. 6, 1983, Pub. L. 97–424, § 316(b), 96 Stat. 2153. | |
| 5311(d) | 49 App.:1614(b) (1st sentence 1st–17th words), (c) (2d sentence words before 1st and after 2d commas). | |
| 5311(e)(1) | 49 App.:1614(d). | |
| 5311(e)(2) | 49 App.:1614(c) (4th sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(c) (4th sentence); added Apr. 2, 1987, Pub. L. 100–17, § 322, 101 Stat. 235. |
| 5311(f) | 49 App.:1614(i). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(i); added Dec. 18, 1991, Pub. L. 102–240, § 3023, 105 Stat. 2111. |
| 5311(g)(1) | 49 App.:1614(e) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(e) (last sentence); added Dec. 19, 1985, Pub. L. 99–190, § 326, 99 Stat. 1289. |
| 5311(g)(2) | 49 App.:1614(e) (1st–4th sentences). | |
| 5311(h) | 49 App.:1614(c) (last sentence). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(c) (last sentence); added Oct. 6, 1992, Pub. L. 102–388, § 502(l), 106 Stat. 1567. |
| 5311(i) | 49 App.:1614(g) (related to this section). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 18(g) (related to this section); added Nov. 6, 1978, Pub. L. 95–599, § 313(a), 92 Stat. 2750; restated Dec. 18, 1991, Pub. L. 102–240, § 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.
Editorial Notes
References in Text
Section 204 of title 23, referred to in subsec. (g)(3)(E), was repealed and a new section 204 was enacted by Pub. L. 112–141, div. A, title I, § 1119(a), , 126 Stat. 473, 489. As enacted by Pub. L. 112–141, section 204 relates to the Federal lands access program.
Amendments1998–2021 · 9 rounds
2021
Subsec. (c). Pub. L. 117–58, § 30006(1), added pars. (1) and (2), struck out former par. (1) which related to public transportation on Indian reservations, and redesignated former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (j)(1)(A). Pub. L. 117–58, § 30006(2), substituted “subsection (c)(2)(B)” for “subsection (c)(1)(B)” in introductory provisions.
2015
Subsec. (b)(3)(B). Pub. L. 114–94, § 3007(b)(1), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”.
Subsec. (c)(1). Pub. L. 114–94, § 3007(b)(2)(A), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)” in introductory provisions.
Subsec. (c)(1)(A). Pub. L. 114–94, § 3007(a)(1), added subpar. (A) and struck out former subpar. (A), which read as follows: “$5,000,000 for each fiscal year ending before , and $887,978 for the period beginning on , and ending on , shall be distributed on a competitive basis by the Secretary.”
Pub. L. 114–87, § 1201(1), substituted “and $887,978 for the period beginning on , and ending on ,” for “and $696,721 for the period beginning on , and ending on ,”.
Pub. L. 114–73, § 1201(1), substituted “and $696,721 for the period beginning on , and ending on ,” for “and $396,175 for the period beginning on , and ending on ,”.
Pub. L. 114–41, § 1201(1), substituted “for each fiscal year ending before , and $396,175 for the period beginning on , and ending on ,” for “for each fiscal year ending before , and $4,164,384 for the period beginning on , and ending on ,”.
Pub. L. 114–21, § 1201(1), substituted “and $4,164,384 for the period beginning on , and ending on ,” for “and $3,328,767 for the period beginning on , and ending on ,”.
Subsec. (c)(1)(B). Pub. L. 114–94, § 3007(a)(1), added subpar. (B) and struck out former subpar. (B), which read as follows: “$25,000,000 for each fiscal year ending before , and $4,439,891 for the period beginning on , and ending on , shall be apportioned as formula grants, as provided in subsection (j).”
Pub. L. 114–87, § 1201(2), substituted “and $4,439,891 for the period beginning on , and ending on ,” for “and $3,483,607 for the period beginning on , and ending on ,”.
Pub. L. 114–73, § 1201(2), substituted “and $3,483,607 for the period beginning on , and ending on ,” for “and $1,980,874 for the period beginning on , and ending on ,”.
Pub. L. 114–41, § 1201(2), substituted “for each fiscal year ending before , and $1,980,874 for the period beginning on , and ending on ,” for “for each fiscal year ending before , and $20,821,918 for the period beginning on , and ending on ,”.
Pub. L. 114–21, § 1201(2), substituted “and $20,821,918 for the period beginning on , and ending on ,” for “and $16,643,836 for the period beginning on , and ending on ,”.
Subsec. (c)(2)(C). Pub. L. 114–94, § 3007(b)(2)(B), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”.
Subsec. (c)(3)(A). Pub. L. 114–94, § 3007(b)(2)(C), substituted “5338(a)(2)(F)” for “5338(a)(2)(E)”.
Subsec. (g)(3). Pub. L. 114–94, § 3007(a)(2), added subpars. (A) and (B), redesignated former subpars. (A) to (D) as (C) to (F), respectively, and in subpar. (F), inserted “, including all operating and capital costs of such service whether or not offset by revenue from such service,” after “the costs of a private operator for the unsubsidized segment of intercity bus service”.
Subsec. (j)(1)(A)(iii). Pub. L. 114–94, § 3007(a)(3)(A), substituted “(American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census)” for “(as defined by the Bureau of the Census)”.
Subsec. (j)(1)(E). Pub. L. 114–94, § 3007(a)(3)(B), added subpar. (E).
2014
Subsec. (c)(1)(A). Pub. L. 113–159, § 1201(1), inserted “for each fiscal year ending before , and $3,328,767 for the period beginning on , and ending on ,” before “shall be distributed”.
Subsec. (c)(1)(B). Pub. L. 113–159, § 1201(2), inserted “for each fiscal year ending before , and $16,643,836 for the period beginning on , and ending on ,” before “shall be apportioned”.
2012
Pub. L. 112–141, § 20010, amended section generally. Prior to amendment, section related to formula grants for other than urbanized areas.
Subsec. (c)(1)(G). Pub. L. 112–141, § 113004, amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “$11,250,000 for the period beginning on , and ending on .”
Pub. L. 112–140, §§ 1(c), 304, temporarily amended subpar. (G) generally, apportioning $11,400,000 for the period beginning on , and ending on . See Effective and Termination Dates of 2012 Amendment note below.
Pub. L. 112–102 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “$7,500,000 for the period beginning on , and ending on .”
2011
Subsec. (c)(1)(F). Pub. L. 112–5 amended subpar. (F) generally. Prior to amendment, text read as follows: “$6,369,000 for the period beginning and ending .”
Subsec. (c)(1)(G). Pub. L. 112–30 added subpar. (G).
2010
Subsec. (c)(1)(E). Pub. L. 111–147 added subpar. (E).
Subsec. (c)(1)(F). Pub. L. 111–322 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “$3,750,000 for the period beginning , and ending .”
Pub. L. 111–147 added subpar. (F).
2008
Subsec. (g)(1)(A). Pub. L. 110–244, § 201(e)(1), (2), substituted “for a capital project or project administrative expenses” for “for any purpose other than operating assistance” and struck out “capital” after “net”.
Subsec. (g)(1)(B). Pub. L. 110–244, § 201(e)(2), struck out “capital” after “net”.
Subsec. (i)(1). Pub. L. 110–244, § 201(e)(3), substituted “Section 5333(b) applies” for “Sections 5323(a)(1)(D) and 5333(b) of this title apply”.
2005
Subsec. (a). Pub. L. 109–59, § 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, § 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, § 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, § 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, § 3002(b)(4), substituted “public transportation” for “mass transportation” in two places.
Subsec. (f)(1). Pub. L. 109–59, § 3013(e)(1), inserted heading, struck out “after ,” after “in each fiscal year” in introductory provisions and realigned margins of subpars. (A) to (D).
Subsec. (f)(1)(E). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.
Subsec. (f)(2). Pub. L. 109–59, § 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, § 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, § 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, § 3013(g)(2), redesignated subsec. (j) as (i). Former subsec. (i) redesignated (h).
Subsec. (i)(1). Pub. L. 109–59, § 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, § 3013(g)(2). See above.
Subsec. (j). Pub. L. 109–59, § 3013(g)(2), redesignated subsec. (j) as (i).
1998
Pub. L. 105–178, § 3014(a)(1), substituted “Formula grants” for “Financial assistance” in section catchline.
Subsec. (f)(1). Pub. L. 105–178, § 3014(a)(2), struck out “10 percent of the amount made available in the fiscal year ending , and” before “15 percent of the amount” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective , see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective and Termination Dates of 2012 Amendment
Amendment by section 20010 of Pub. L. 112–141 effective , see section 3(a) of Pub. L. 112–141, set out a note under section 101 of Title 23, Highways.
Amendment by section 113004 of Pub. L. 112–141 effective , see section 114001 of Pub. L. 112–141, set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective on , with text as amended by Pub. L. 112–140 to revert back to read as it did on the day before , 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.
Credits
1994–2021 · 18 acts
- 1994Pub. L. 103–272, § 1(d), , 108 Stat. 809
- 1998Pub. L. 105–178, title III, § 3014(a), , 112 Stat. 359
- 2005Pub. L. 109–59, title III, §§ 3002(b)(4), 3013(a)–(h), , 119 Stat. 1545, 1593–1596
- 2008Pub. L. 110–244, title II, § 201(e), , 122 Stat. 1610
- 2010Pub. L. 111–147, title IV, § 434, , 124 Stat. 89
- 2010Pub. L. 111–322, title II, § 2304, , 124 Stat. 3527
- 2011Pub. L. 112–5, title III, § 304, , 125 Stat. 19
- 2011Pub. L. 112–30, title I, § 134, , 125 Stat. 351
- 2012Pub. L. 112–102, title III, § 304, , 126 Stat. 277
- 2012Pub. L. 112–140, title III, § 304, , 126 Stat. 398
- 2012Pub. L. 112–141, div. B, § 20010, div. G, title III, § 113004, , 126 Stat. 680, 985
- 2014Pub. L. 113–159, title I, § 1201, , 128 Stat. 1845
- 2015Pub. L. 114–21, title I, § 1201, , 129 Stat. 222
- 2015Pub. L. 114–41, title I, § 1201, , 129 Stat. 450
- 2015Pub. L. 114–73, title I, § 1201, , 129 Stat. 572
- 2015Pub. L. 114–87, title I, § 1201, , 129 Stat. 681
- 2015Pub. L. 114–94, div. A, title III, § 3007, , 129 Stat. 1464
- 2021Pub. L. 117–58, div. C, § 30006, , 135 Stat. 900.
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(Pub. L. 103–272, § 1(d), , 108 Stat. 809; Pub. L. 105–178, title III, § 3014(a), , 112 Stat. 359; Pub. L. 109–59, title III, §§ 3002(b)(4), 3013(a)–(h), , 119 Stat. 1545, 1593–1596; Pub. L. 110–244, title II, § 201(e), , 122 Stat. 1610; Pub. L. 111–147, title IV, § 434, , 124 Stat. 89; Pub. L. 111–322, title II, § 2304, , 124 Stat. 3527; Pub. L. 112–5, title III, § 304, , 125 Stat. 19; Pub. L. 112–30, title I, § 134, , 125 Stat. 351; Pub. L. 112–102, title III, § 304, , 126 Stat. 277; Pub. L. 112–140, title III, § 304, , 126 Stat. 398; Pub. L. 112–141, div. B, § 20010, div. G, title III, § 113004, , 126 Stat. 680, 985; Pub. L. 113–159, title I, § 1201, , 128 Stat. 1845; Pub. L. 114–21, title I, § 1201, , 129 Stat. 222; Pub. L. 114–41, title I, § 1201, , 129 Stat. 450; Pub. L. 114–73, title I, § 1201, , 129 Stat. 572; Pub. L. 114–87, title I, § 1201, , 129 Stat. 681; Pub. L. 114–94, div. A, title III, § 3007, , 129 Stat. 1464; Pub. L. 117–58, div. C, § 30006, , 135 Stat. 900.)