Title 49 — Transportation

Chapter 53 — Public Transportation

§ 5336. Apportionment of appropriations for formula grants

Statutory text

Based on Urbanized Area Population.—

Of the amount apportioned under subsection (h)(5) to carry out section 5307—

9.32 percent shall be apportioned each fiscal year only in urbanized areas with a population of less than 200,000 so that each of those areas is entitled to receive an amount equal to—

50 percent of the total amount apportioned multiplied by a ratio equal to the population of the area divided by the total population of all urbanized areas with populations of less than 200,000 as shown in the most recent decennial census; and

50 percent of the total amount apportioned multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile; and

90.68 percent shall be apportioned each fiscal year only in urbanized areas with populations of at least 200,000 as provided in subsections (b) and (c) of this section.

Based on Fixed Guideway Vehicle Revenue Miles, Directional Route Miles, and Passenger Miles.—

In this subsection, “fixed guideway vehicle revenue miles” and “fixed guideway directional route miles” include passenger ferry operations directly or under contract by the designated recipient.

Of the amount apportioned under subsection (a)(2) of this section, 33.29 percent shall be apportioned as follows:

95.61 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—

60 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attributable to all areas; and

40 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway directional route miles attributable to the area, established by the Secretary, divided by the total number of all fixed guideway directional route miles attributable to all areas.

An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.

4.39 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—

the number of fixed guideway vehicle passenger miles traveled multiplied by the number of fixed guideway vehicle passenger miles traveled for each dollar of operating cost in an area; divided by

the total number of fixed guideway vehicle passenger miles traveled multiplied by the total number of fixed guideway vehicle passenger miles traveled for each dollar of operating cost in all areas.

An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.

Under subparagraph (A) of this paragraph, fixed guideway vehicle revenue or directional route miles, and passengers served on those miles, in an urbanized area with a population of less than 200,000, where the miles and passengers served otherwise would be attributable to an urbanized area with a population of at least 1,000,000 in an adjacent State, are attributable to the governmental authority in the State in which the urbanized area with a population of less than 200,000 is located. The authority is deemed an urbanized area with a population of at least 200,000 if the authority makes a contract for the service.

A recipient’s apportionment under subparagraph (A)(i) of this paragraph may not be reduced if the recipient, after satisfying the Secretary that energy or operating efficiencies would be achieved, reduces vehicle revenue miles but provides the same frequency of revenue service to the same number of riders.

For purposes of subparagraph (A) and section 5337(c)(3), the Secretary shall deem to be attributable to an urbanized area not less than 27 percent of the fixed guideway vehicle revenue miles or fixed guideway directional route miles in the public transportation system of a recipient that are located outside the urbanized area for which the recipient receives funds, in addition to the fixed guideway vehicle revenue miles or fixed guideway directional route miles of the recipient that are located inside the urbanized area.

Based on Bus Vehicle Revenue Miles and Passenger Miles.—

Of the amount apportioned under subsection (a)(2) of this section, 66.71 percent shall be apportioned as follows:

90.8 percent of the total amount apportioned under this subsection shall be apportioned as follows:

73.39 percent of the 90.8 percent apportioned under this paragraph shall be apportioned so that each urbanized area with a population of at least 1,000,000 is entitled to receive an amount equal to—

50 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas;

25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown in the most recent decennial census; and

25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile.

26.61 percent of the 90.8 percent apportioned under this paragraph shall be apportioned so that each urbanized area with a population of at least 200,000 but not more than 999,999 is entitled to receive an amount equal to—

50 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas;

25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown by the most recent decennial census; and

25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile.

9.2 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—

the number of bus passenger miles traveled multiplied by the number of bus passenger miles traveled for each dollar of operating cost in an area; divided by

the total number of bus passenger miles traveled multiplied by the total number of bus passenger miles traveled for each dollar of operating cost in all areas.

Date of Apportionment.—

The Secretary shall—

apportion amounts appropriated under section 5338(a)(2)(C) of this title to carry out section 5307 of this title not later than the 10th day after the date the amounts are appropriated or October 1 of the fiscal year for which the amounts are appropriated, whichever is later; and

publish apportionments of the amounts, including amounts attributable to each urbanized area with a population of more than 50,000 and amounts attributable to each State of a multistate urbanized area, on the apportionment date.

Amounts Not Apportioned to Designated Recipients.—

The Governor of a State may expend in an urbanized area with a population of less than 200,000 an amount apportioned under this section that is not apportioned to a designated recipient.

Transfers of Apportionments.—

The Governor of a State may transfer any part of the State’s apportionment under subsection (a)(1) of this section to supplement amounts apportioned to the State under section 5311(c)(3).1 The Governor may make a transfer only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was apportioned under this section.

The Governor of a State may transfer any part of the State’s apportionment under section 5311(c)(3)¹ to supplement amounts apportioned to the State under subsection (a)(1) of this section.

The Governor of a State may use throughout the State amounts of a State’s apportionment remaining available for obligation at the beginning of the 90-day period before the period of the availability of the amounts expires.

A designated recipient for an urbanized area with a population of at least 200,000 may transfer a part of its apportionment under this section to the Governor of a State. The Governor shall distribute the transferred amounts to urbanized areas under this section.

Capital and operating assistance limitations applicable to the original apportionment apply to amounts transferred under this subsection.

Period of Availability to Recipients.—

An amount apportioned under this section may be obligated by the recipient for 5 years after the fiscal year in which the amount is apportioned. Not later than 30 days after the end of the 5-year period, an amount that is not obligated at the end of that period shall be added to the amount that may be apportioned under this section in the next fiscal year.

Apportionments.—

Of the amounts made available for each fiscal year under section 5338(a)(2)(C)—

$30,000,000 shall be set aside each fiscal year to carry out section 5307(h);

3.07 percent shall be apportioned to urbanized areas in accordance with subsection (j);

of amounts not apportioned under paragraphs (1) and (2), 3 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);

0.75 percent shall be apportioned to eligible States for State safety oversight program grants in accordance with section 5329(e)(6); and

any amount not apportioned under paragraphs (1), (2), (3), and (4) shall be apportioned to urbanized areas in accordance with subsections (a) through (c).

Small Transit Intensive Cities Formula.—

Definitions.—

In this subsection, the following definitions apply:

Eligible area.—

The term “eligible area” means an urbanized area with a population of less than 200,000 that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population of at least 200,000 but not more than 999,999, as determined by the Secretary in accordance with subsection (c)(2).

Performance category.—

The term “performance category” means each of the following:

Passenger miles traveled per vehicle revenue mile.

Passenger miles traveled per vehicle revenue hour.

Vehicle revenue miles per capita.

Vehicle revenue hours per capita.

Passenger miles traveled per capita.

Passengers per capita.

Apportionment.—

Apportionment formula.—

The amount to be apportioned under subsection (h)(3) shall be apportioned among eligible areas in the ratio that—

the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to

the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999.

Data used in formula.—

The Secretary shall calculate apportionments under this subsection for a fiscal year using data from the national transit database used to calculate apportionments for that fiscal year under this section.

Apportionment Formula.—

The amounts apportioned under subsection (h)(2) shall be apportioned among urbanized areas as follows:

75 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more in the ratio that—

the number of eligible low-income individuals in each such urbanized area; bears to

the number of eligible low-income individuals in all such urbanized areas.

25 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of less than 200,000 in the ratio that—

the number of eligible low-income individuals in each such urbanized area; bears to

the number of eligible low-income individuals in all such urbanized areas.

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.

1994
Pub. L. 103–272 § 1(d) · 108 Stat. 745
Enacted · 49 U.S.C. § 5336
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 840
Source evidence
Code source credit
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 840
Enacted provision · exact public law section
(d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
1996
Pub. L. 104–287 § 5(19)(A) · 110 Stat. 3388
Inserted · 49 U.S.C. § 5336(b)(2)(A); 49 U.S.C. § 5336(b)(2)(B)
Pub. L. 104–287, § 5(19)(A), inserted at end “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.”
Source evidence
Code amendment note
Subsec. (b)(2)(A), (B). Pub. L. 104–287, § 5(19)(A), inserted at end “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.”
Enacted provision · exact public law section
(A) In subparagraphs (A) and (B), add at the end the following: “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least. 75 percent of the total amount apportioned under this subparagraph.”.
1996
Pub. L. 104–287 § 5(19)(B) · 110 Stat. 3388
1. Redesignated · 49 U.S.C. § 5336(b)(2)(C)(E)
  Pub. L. 104–287, § 5(19)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively
2. Struck · 49 U.S.C. § 5336(b)(2)(C)(E)
  Pub. L. 104–287, § 5(19)(B), (C), struck out former subpar. (C) which read as follows: “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subsection.”
Source evidence
Code amendment note
Subsec. (b)(2)(C) to (E). Pub. L. 104–287, § 5(19)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C) which read as follows: “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subsection.”
Enacted provision · exact public law section
(B) Strike subparagraph (C).
1998
Federal Transit Act of 1998
Pub. L. 105–178 § 3027(a) · 112 Stat. 107
Substituted · 49 U.S.C. § 5336
Pub. L. 105–178, § 3027(a), substituted “formula grants” for “block grants” in section catchline
Source evidence
Code amendment note
Pub. L. 105–178, § 3027(a), substituted “formula grants” for “block grants” in section catchline.
Enacted provision · exact public law section
(a) In General.— Section 5336 is amended in the section heading by striking “block grants” and inserting “formula grants”.
1998
Federal Transit Act of 1998
Pub. L. 105–178 § 3029(b)(10) · 112 Stat. 107
Substituted · 49 U.S.C. § 5336(a)
Pub. L. 105–178, § 3029(b)(10), substituted “5338(a) of this title” for “5338(f) of this title” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–178, § 3029(b)(10), substituted “5338(a) of this title” for “5338(f) of this title” in introductory provisions.
Enacted provision · exact public law section
(10) In section 5336(a) by striking “5338(f)” and inserting “5338(a)”.
1998
Federal Transit Act of 1998
Pub. L. 105–178 § 3027(b) · 112 Stat. 107
1. Amended · 49 U.S.C. § 5336(d)
  Pub. L. 105–178, § 3027(b), amended subsec. (d) generally
2. Substituted · 49 U.S.C. § 5336(d)
  Pub. L. 105–178, § 3027(b), substituting “[Reserved.]” for former provisions relating to operating assistance
Source evidence
Code amendment note
Subsec. (d). Pub. L. 105–178, § 3027(b), amended subsec. (d) generally, substituting “[Reserved.]” for former provisions relating to operating assistance.
Enacted provision · exact public law section
(b) Repeal.— Section 5336(d) is amended to read as follows: “(d) [Reserved.]”.
1998
Federal Transit Act of 1998
Pub. L. 105–178 § 3029(b)(11) · 112 Stat. 107
Substituted · 49 U.S.C. § 5336(e)(1)
Pub. L. 105–178, § 3029(b)(11), substituted “subsections (a) and (h)(2) of section 5338” for “section 5338(f)”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 105–178, § 3029(b)(11), substituted “subsections (a) and (h)(2) of section 5338” for “section 5338(f)”.
Enacted provision · exact public law section
(11) In section 5336(e)(1) by striking “section 5338(f)” and inserting “subsections (a) and (h)(2) of section 5338”.
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(d)(1) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5336(a)
Pub. L. 109–59, § 3034(d)(1), which directed amendment of subsec. (a) by substituting “to carry out section 5307” for “of this title”, could not be executed because of prior amendment by Pub. L. 109–59, § 3034(a)(4). See below
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–59, § 3034(d)(1), which directed amendment of subsec. (a) by substituting “to carry out section 5307” for “of this title”, could not be executed because of prior amendment by Pub. L. 109–59, § 3034(a)(4). See below.
Enacted provision · exact public law section
(1) in subsection (a), by striking “of this title” and inserting “to carry out section 5307”;
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(a)(4) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5336(a)
Pub. L. 109–59, § 3034(a)(4), substituted “Of the amount apportioned under subsection (i)(2)” for “Of the amount made available or appropriated under section 5338(a) of this title” in introductory provisions
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–59, § 3034(a)(4), substituted “Of the amount apportioned under subsection (i)(2)” for “Of the amount made available or appropriated under section 5338(a) of this title” in introductory provisions.
Enacted provision · exact public law section
(4) in subsection (a), by striking “Of the amount made available or appropriated under section 5338(a) of this title” and inserting “Of the amount apportioned under subsection (i)(2)”.
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(d)(2) · 119 Stat. 1144
1. Amended · 49 U.S.C. § 5336(a)(2)
  Pub. L. 109–59, § 3034(d)(2), as amended by Pub. L. 110–244, § 201(l)(2)
2. Inserted · 49 U.S.C. § 5336(a)(2)
  Pub. L. 109–59, § 3034(d)(2), as inserted before period at end “, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 109–59, § 3034(d)(2), as amended by Pub. L. 110–244, § 201(l)(2), inserted before period at end “, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations”.
Enacted provision · exact public law section
(2) in paragraph (2), by inserting before the period at the end the following: “, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations”;
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(d)(3) · 119 Stat. 1144
Inserted · 49 U.S.C. § 5336(b)(1)
Pub. L. 109–59, § 3034(d)(3), inserted “and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations” before period at end
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 109–59, § 3034(d)(3), inserted “and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations” before period at end.
Enacted provision · exact public law section
(3) in subsection (b)(1), by inserting “and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations” after “recipient”; and
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(c) · 119 Stat. 1144
Added · 49 U.S.C. § 5336(c)
Pub. L. 109–59, § 3034(c), added at end of section subsec. (c) relating to study on incentives in formula programs
Source evidence
Code amendment note
Subsec. (c). Pub. L. 109–59, § 3034(c), added at end of section subsec. (c) relating to study on incentives in formula programs.
Enacted provision · exact public law section
(c) Study on Incentives in Formula Programs.— Section 5336 is amended by adding at the end the following: “(c) Study on Incentives in Formula Programs.— “(1) Study.— The Secretary shall conduct a study to assess the feasibility and appropriateness of developing and implementing an incentive funding system under sections 5307 and 5311 for operators of public transportation. “(2) Report.— “(A) In general.— Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2005, the Secretary shall submit a report on the results of the study conducted under paragraph (1) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. “(B) Contents.— The report submitted under subparagraph (A) shall include— “(i) an analysis of the availability of appropriate measures to be used as a basis for the distribution of incentive payments; “(ii) the optimal number and size of any incentive programs; “(iii) what types of systems should compete for various incentives; “(iv) how incentives should be distributed; and “(v) the likely effects of the incentive funding system.” .
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(a)(1) · 119 Stat. 1144
1. Redesignated · 49 U.S.C. § 5336(d)(f)
  Pub. L. 109–59, § 3034(a)(1), (2), redesignated subsecs. (e) to (g) as (d) to (f), respectively
2. Struck · 49 U.S.C. § 5336(d)(f)
  Pub. L. 109–59, § 3034(a)(1), (2), struck out former subsec. (d) which read as follows: “[Reserved.]”
Source evidence
Code amendment note
Subsecs. (d) to (f). Pub. L. 109–59, § 3034(a)(1), (2), redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: “[Reserved.]”.
Enacted provision · exact public law section
(1) by striking subsections (d), (h), and (k);
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(a)(2) · 119 Stat. 1144
Redesignated · 49 U.S.C. § 5336(g)
Pub. L. 109–59, § 3034(a)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (f)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 109–59, § 3034(a)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (f).
Enacted provision · exact public law section
(2) by redesignating subsections (e), (f), (g), (i), and (j) as subsections (d), (e), (f), (g), and (h), respectively;
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3002(b)(4) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5336(g)(1)
Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”
Source evidence
Code amendment note
Subsec. (g)(1). 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).
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(d)(4) · 119 Stat. 1144
Substituted · 49 U.S.C. § 5336(h)
Pub. L. 109–59, § 3034(d)(4), substituted “a grant made with funds apportioned under” for “a grant made under” in two places
Source evidence
Code amendment note
Subsec. (h). Pub. L. 109–59, § 3034(d)(4), substituted “a grant made with funds apportioned under” for “a grant made under” in two places.
Enacted provision · exact public law section
(4) in subsection (h), by striking “a grant made under” each place it appears and inserting “a grant made with funds apportioned under”.
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(a)(1) · 119 Stat. 1144
1. Redesignated · 49 U.S.C. § 5336(h)
  Pub. L. 109–59, § 3034(a)(1), (2), redesignated subsec. (j) as (h)
2. Struck · 49 U.S.C. § 5336(h)
  Pub. L. 109–59, § 3034(a)(1), (2), struck out heading and text of former subsec. (h). Text read as follows: “If sufficient amounts are available, the Secretary of Transportation shall change apportionments under this section between the Mass Transit Account of the Highway Trust Fund and the general fund to ensure that each recipient receives from the general fund at least as much operating assistance made available each fiscal year under this section as the recipient is eligible to receive.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 109–59, § 3034(a)(1), (2), redesignated subsec. (j) as (h) and struck out heading and text of former subsec. (h). Text read as follows: “If sufficient amounts are available, the Secretary of Transportation shall change apportionments under this section between the Mass Transit Account of the Highway Trust Fund and the general fund to ensure that each recipient receives from the general fund at least as much operating assistance made available each fiscal year under this section as the recipient is eligible to receive.”
Enacted provision · exact public law section
(1) by striking subsections (d), (h), and (k);
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(a)(3) · 119 Stat. 1144
Redesignated · 49 U.S.C. § 5336(i)
Pub. L. 109–59, § 3034(a)(3), added subsec. (i). Former subsec. (i) redesignated (g)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 109–59, § 3034(a)(3), added subsec. (i). Former subsec. (i) redesignated (g).
Enacted provision · exact public law section
(3) by adding at the end the following: “(i) Apportionments.— Of the amounts made available for each fiscal year under subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338— “(1) one percent shall be apportioned, in fiscal year 2006 and each fiscal year thereafter, to certain urbanized areas with populations of less than 200,000 in accordance with subsection (j); and “(2) any amount not apportioned under paragraph (1) shall be apportioned to urbanized areas in accordance with subsections (a) through (c).” ; and
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(b) · 119 Stat. 1144
Redesignated · 49 U.S.C. § 5336(j)
Pub. L. 109–59, § 3034(b), added subsec. (j). Former subsec. (j) redesignated (h)
Source evidence
Code amendment note
Subsec. (j). Pub. L. 109–59, § 3034(b), added subsec. (j). Former subsec. (j) redesignated (h).
Enacted provision · exact public law section
(b) Small Transit Intensive Cities Formula.— Section 5336 is amended by adding at the end the following: “(j) Small Transit Intensive Cities Formula.— “(1) Definitions.— In this subsection, the following definitions apply: “(A) Eligible area.— The term ‘eligible area’ means an urbanized area with a population of less than 200,000 that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population of at least 200,000 but not more than 999,999, as determined by the Secretary in accordance with subsection (c)(2). “(B) Performance category.— The term ‘performance category’ means each of the following: “(i) Passenger miles traveled per vehicle revenue mile. “(ii) Passenger miles traveled per vehicle revenue hour. “(iii) Vehicle revenue miles per capita. “(iv) Vehicle revenue hours per capita. “(v) Passenger miles traveled per capita. “(vi) Passengers per capita. “(2) Apportionment.— “(A) Apportionment formula.— The amount to be apportioned under subsection (i)(1) shall be apportioned among eligible areas in the ratio that— “(i) the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to “(ii) the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999. “(B) Data used in formula.— The Secretary shall calculate apportionments under this subsection for a fiscal year using data from the national transit database used to calculate apportionments for that fiscal year under this section.” .
2005
Federal Public Transportation Act of 2005
Pub. L. 109–59 § 3034(a)(1) · 119 Stat. 1144
Struck · 49 U.S.C. § 5336(k)
Pub. L. 109–59, § 3034(a)(1), struck out heading and text of subsec. (k). Text read as follows: “An area designated an urbanized area under the 1980 census and not designated an urbanized area under the 1990 census for the fiscal year ending September 30, 1993, is eligible to receive—
Source evidence
Code amendment note
Subsec. (k). Pub. L. 109–59, § 3034(a)(1), struck out heading and text of subsec. (k). Text read as follows: “An area designated an urbanized area under the 1980 census and not designated an urbanized area under the 1990 census for the fiscal year ending September 30, 1993, is eligible to receive—
“(1) 50 percent of the amount the area would have received if the area had been an urbanized area as defined by section 5302(a)(13) of this title; and “(2) an amount equal to 50 percent of the amount that the State in which the area is located would have received if the area had been an area other than an urbanized area.”
Enacted provision · exact public law section
(1) by striking subsections (d), (h), and (k);
2008
SAFETEA–LU Technical Corrections Act of 2008
Pub. L. 110–244 § 201 · 122 Stat. 1572
Substituted · 49 U.S.C. § 5336(a)
Pub. L. 110–244, § 201(l)(1)(A), in introductory provisions, substituted “Of the amount apportioned under subsection (i)(2) to carry out section 5307—” for “Of the amount apportioned under subsection (i)(2)—”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–244, § 201(l)(1)(A), in introductory provisions, substituted “Of the amount apportioned under subsection (i)(2) to carry out section 5307—” for “Of the amount apportioned under subsection (i)(2)—”.
Enacted provision · exact public law section
SEC. 201. TRANSIT TECHNICAL CORRECTIONS. (a) Section 5302.— Section 5302(a)(10) of title 49, United States Code, is amended by striking “charter,” and inserting “charter, sightseeing,”. (b) Section 5303.— (1) Section 5303(f)(3)(C)(ii) of such title is amended by striking subclause (II) and inserting the following: “(II) Funding.— For fiscal year 2008 and each fiscal year thereafter, in addition to other funds made available to the metropolitan planning organization for the Lake Tahoe region under this chapter and title 23, prior to any allocation under section 202 of title 23, and notwithstanding the allocation provisions of section 202, the Secretary shall set aside ½ of 1 percent of all funds authorized to be appropriated for such fiscal year to carry out section 204 of title 23, and shall make such funds available to the metropolitan planning organization for the Lake Tahoe region to carry out the transportation planning process, environmental reviews, preliminary engineering, and design to complete environmental documentation for transportation projects for the Lake Tahoe region under the Tahoe Regional Planning Compact as consented to in Public Law 96–551 (94 Stat. 3233) and this paragraph.” . (2) Section 5303(j)(3)(D) of such title is amended— (A) by inserting “or the identified phase” before “within the time”; and (B) by inserting “or the identified phase” before the period at the end. (3) Section 5303(k)(2) of such title is amended by striking “a metropolitan planning area serving”. (c) Section 5307.— Section 5307(b) of such title is amended— (1) in the heading for paragraph (2) by striking “2007” and inserting “2009”; (2) in paragraph (2)(A)— (A) by striking “2007” and inserting “2009”; and (B) by striking “mass” and inserting “public”; (3) by adding at the end of paragraph (2) the following: “(E) Maximum amounts in fiscal years 2008 and 2009.— In fiscal years 2008 and 2009— “(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population; “(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and “(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.” ; and (4) in paragraph (3) by striking “section 5305(a)” and inserting “section 5303(k)”. (d) Section 5309.— Section 5309 of such 49 USC 5309. title is amended— (1) in subsection (d)(5)(B) by striking “regulation.” and inserting “this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”; (2) in subsection (e)(6)(B) by striking “subsection.” and inserting “subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”; (3) in the heading for paragraph (2)(A) of subsection (m) by striking “Major capital” and inserting “Capital”; and (4) in subsection (m)(7)(B) by striking “section 3039” and inserting “section 3045”. (e) Section 5311.— Section 5311 of such title is amended— (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”; (2) in subsections (g)(1)(A) and (g)(1)(B) by striking “capital” after “net”; and (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”. (f) Section 5312.— The heading for section 5312(c) of such title is amended by striking “Mass Transportation” and inserting “Public Transportation”. (g) Section 5314.— Section 5314(a)(3) is amended by striking “section 5323(a)(1)(D)” and inserting “section 5333(b)”. (h) Section 5319.— Section 5319 of such title is amended by striking “section 5307(k)” and inserting “section 5307(d)(1)(K)”. (i) Section 5320.— Section 5320 of such title is amended— (1) in subsection (a)(1)(A) by striking “intra—agency” and inserting “intraagency”; (2) in subsection (b)(5)(A) by striking “5302(a)(1)(A)” and inserting “5302(a)(1)”; (3) in subsection (d)(1) by inserting “to administer this section and” after “5338(b)(2)(J)”; (4) by adding at the end of subsection (d) the following: “(4) Transfers to land management agencies.— The Secretary may transfer amounts available under paragraph (1) to the appropriate Federal land management agency to pay necessary costs of the agency for such activities described in paragraph (1) in connection with activities being carried out under this section.” ; (5) in subsection (k)(3) by striking “subsection (d)(1)” and inserting “subsection (e)(1)”; (6) by redesignating subsections (a) through (m) as subsections (b) through (n), respectively; and (7) by inserting before subsection (b) (as so redesignated) the following: “(a) Program Name.— The program authorized by this section shall be known as the Paul S. Sarbanes Transit in Parks Program.” . (j) Section 5323.— Section 5323(n) of such 49 USC 5323. title is amended by striking “section 5336(e)(2)” and inserting “section 5336(d)(2)”. (k) Section 5325.— Section 5325(b) of such title is amended— (1) in paragraph (1) by inserting before the period at the end “adopted before August 10, 2005”; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (l) Section 5336.— (1) Apportionments of formula grants.— Section 5336 of such title is amended— (A) in subsection (a) by striking “Of the amount” and all that follows before paragraph (1) and inserting “Of the amount apportioned under subsection (i)(2) to carry out section 5307—”; (B) in subsection (d)(1) by striking “subsections (a) and (h)(2) of section 5338” and inserting “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338”; and (C) by redesignating subsection (c), as added by section 3034(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1628), as subsection (k). (2) Technical amendments.— Section 3034(d)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1629), is 49 USC 5336. amended by striking “paragraph (2)” and inserting “subsection (a)(2)”. (m) Section 5337.— Section 5337(a) of title 49, United States Code, is amended by striking “for each of fiscal years 1998 through 2003” and inserting “for each of fiscal years 2005 through 2009”. (n) Section 5338.— Section 5338(d)(1)(B) of such title is amended by striking “section 5315(a)(16)” and inserting “section 5315(b)(2)(P)”. (o) SAFETEA–LU.— (1) Section 3011.— Section 3011(f) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1589) is amended by adding to the end the following: “(5) Central Florida Commuter Rail Transit Project.” . (2) Section 3037.— Section 3037(c) of such Act (119 Stat. 1636) is amended— (A) in paragraph (3) by striking “Phase II”; and (B) by striking paragraph (10). (3) Section 3040.— Section 3040(4) of such Act (119 Stat. 1639) is amended by striking “$7,871,895,000” and inserting “$7,872,893,000”. (4) Section 3043.— (A) Portland, oregon.— Section 3043(b)(27) of such Act (119 Stat. 1642) is amended by inserting “/Milwaukie” after “Mall”. (B) Los angeles.— (i) Phase 1.— Section 3043(b)(13) of such Act (119 Stat. 1642) is amended to read as follows: “(13) Los Angeles—Exposition LRT (Phase 1).” . (ii) Phase 2.— Section 3043(c) of such Act (119 Stat. 1645) is amended by inserting after paragraph (104) the following: “(104A) Los Angeles—Exposition LRT (Phase 2).” . (C) San diego.— Section 3043(c)(105) of such Act (119 Stat. 1645) is amended by striking “LOSSAN Del Mar-San Diego—Rail Corridor Improvements” and inserting “LOSSAN Rail Corridor Improvements”. (D) San diego.— Section 3043(c)(217) of such Act (119 Stat. 1648) is amended by striking “San Diego” and inserting “San Diego Transit”. (E) Sacramento.— Section 3043(c)(204) of such Act (119 Stat. 647) is amended by striking “Downtown”. (F) Boston.— Section 3043(d)(6) of such Act (119 Stat. 1649) is amended to read as follows: “(6) Boston-Silver Line Phase III, $20,000,000.” . (G) Project construction grants.— Section 3043(e) of such Act (119 Stat. 1651) is amended by adding at the end the following: “(4) Project construction grants.— Projects recommended by the Secretary for a project construction grant agreement under section 5309(e) of title 49, United States Code, or for funding under section 5309(m)(2)(A)(i) of such title during fiscal year 2008 and fiscal year 2009 are authorized for preliminary engineering, final design, and construction for fiscal years 2007 through 2009 upon the completion of the notification process for each such project under section 5309(g)(5).” . (H) Los angeles and san gabriel valley.— Section 3043 of such Act (119 Stat. 1640) is amended by adding at the end the following: “(k) Los Angeles Extension.— In evaluating the local share of the project authorized by subsection (c)(104A) in the new starts rating process, the Secretary shall give consideration to project elements of the project authorized by subsection (b)(13) advanced with 100 percent non-Federal funds. “(l) San Gabriel Valley––Gold Line Foothill Extension Phase II.— In evaluating the local share of the San Gabriel Valley––Gold Line Foothill Extension Phase II project authorized by subsection (b)(33) in the new starts rating process, the Secretary shall give consideration to project elements of the San Gabriel Valley––Gold Line Foothill Extension Phase I project advanced with 100 percent non-Federal funds.” . (5) Section 3044.— (A) Projects.— The table contained in section 3044(a) of such Act (119 Stat. 1652) is amended— (i) in item 25— (I) by striking “$217,360” and inserting “$167,360”; and (II) by striking “$225,720” and inserting “$175,720”; (ii) in item number 36 by striking the project description and inserting “Los Angeles County Metropolitan Transportation Authority (LACMTA) for bus and bus-related facilities in the LACMTA’s service area”; (iii) in item number 71 by inserting “Metropolitan Bus Authority” after “Puerto Rico”; (iv) in item number 84 by striking the project description and inserting “Improvements to the existing Sacramento Intermodal Facility (Sacramento Valley Station)”; (v) in item number 94 by striking the project description and inserting “Pacific Transit, WA Vehicle Replacement”; (vi) in item number 120 by striking “Dayton Airport Intermodal Rail Feasibility Study” and inserting “Greater Dayton Regional Transit Authority buses and bus facilities”; (vii) in item number 152 by inserting “Metropolitan Bus Authority” after “Puerto Rico”; (viii) in item number 416 by striking “Improve marine intermodal” and inserting “Improve marine dry-dock and”; (ix) in item number 457— (I) by striking “$65,000” and inserting “$0”; and (II) by striking “$67,500” and inserting “$0”; and (x) in item number 458— (I) by striking “$65,000” and inserting “$130,000”; (II) by striking “$67,500” and inserting “$135,000”; and (xi) in item number 57 by striking the project description and inserting “Wilmington, NC, maintenance and operations facilities and administration and transfer facilities”; (xii) in item number 460 by striking the matters in the project description, FY08 column, and FY09 column and inserting “460. Mid-Region Council of Governments, New Mexico, public transportation buses, bus-related equipment and facilities, and intermodal terminals in Albuquerque and Santa Fe”, “$500,000”, and “$500,000”, respectively. (xiii) in item number 138 by striking “Design” and inserting “Determine scope, engineering, design,”; (xiv) in item number 23 by striking “Construct” and inserting “Design, engineering, right-of-way acquisition, and construction”; (xv) in item number 439 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”; (xvi) in item number 453 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”; (xvii) in item number 371 by striking the project description and inserting “Regional Transportation Commission of Southern Nevada, Sunset Bus Maintenance Facility”; (xviii) in item number 487 by striking “Central Arkansas Transit Authority Facility Upgrades” and inserting “Central Arkansas Transit Authority Bus Acquisition”; (xix) in item number 491 by striking the project description and inserting “Pace, IL, Cermak Road, Bus Rapid Transit, and related bus projects, and alternatives analysis”; (xx) in item number 512 by striking “Corning, NY, Phase II Corning Preserve Transportation Enhancement Project” and inserting “Transportation Center Enhancements, Corning, NY”; (xxi) in item number 534 by striking “Community Buses” and inserting “Bus and Bus Facilities”; (xxii) in item number 570 by striking “Maine Department of Transportation-Acadia Intermodal Facility” and inserting “MaineDOT Acadia Intermodal Passenger and Maintenance Facility”; (xxiii) in item number 80 by striking the project description and amounts and inserting “Flagler County, Florida–buses and bus facility”, “$57,684”, “$60,192”, “$65,208”, and “$67,716” respectively; (xxiv) in item number 135 by striking the project description and inserting “Pace Suburban Bus, IL–Purchase Vehicles”; (xxv) in item number 276 by striking the project description and amounts and inserting “Long Beach Transit, Long Beach, California, for the purchase of transit vehicles and enhancement of para-transit and senior transportation services”, “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and (xxvi) by adding at the end— (I) (aa) in the project description column “666. New York City, NY, rehabilitation of subway stations to include passenger access improvements including escalators or installation of infrastructure for security and surveillance purposes”; and (bb) in the FY08 column and the FY09 column “$50,000”; (II) (aa) in the project description column “667. St. Johns County Council on Aging buses and bus facilities, Florida”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$57,684”, “$60,192”, “$65,208”, and “$67,716”, respectively; (III) (aa) in the project description column “668. The City of Compton, California, for the replacement of buses and paratransit vehicles”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and (IV) (aa) in the project description column “669. City of Los Angeles, California, for the purchase of transit vehicles in Watts and enhancement of paratransit and senior transportation services”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$128,200”, “$133,760”, “$144,908”, and “$150,480”, respectively. (B) Special rule.— Section 3044(c) of such Act (119 Stat. 1705) is amended— (i) by inserting “, or other entity,” after “State or local governmental authority”; and (ii) by striking “projects numbered 258 and 347” and inserting “projects numbered 258, 347, and 411”; and (iii) by striking the period at the end and inserting: “, and funds made available for fiscal year 2006 for the bus and bus-related facilities projects numbered 176 and 652 under subsection (a) shall remain available until September 30, 2009.”. (6) Section 3046.— Section 3046(a)(7) of 49 USC 5338 note. such Act (119 Stat. 1708) is amended— (A) by striking “hydrogen fuel cell vehicles” and inserting “hydrogen fueled vehicles”; (B) by striking “hydrogen fuel cell employee shuttle vans” and inserting “hydrogen fueled employee shuttle vans”; and (C) by striking “in Allentown, Pennsylvania” and inserting “to the DaVinci Center in Allentown, Pennsylvania”. (7) Section 3050.— Section 3050(b) of such Act (119 Stat. 1713) is amended by inserting “by negotiating the extension of the existing agreement between mile post 191.13 and mile post 185.1 to mile post 165.9 in Rhode Island” before the period at the end. (p) Transit Tunnels.— In 49 USC 5309 note. carrying out section 5309(d)(3)(D) of title 49, United States Code, the Secretary of Transportation shall specifically analyze, evaluate, and consider— (1) the congestion relief, improved mobility, and other benefits of transit tunnels in those projects which include a transit tunnel; and (2) the associated ancillary and mitigation costs necessary to relieve congestion, improve mobility, and decrease air and noise pollution in those projects which do not include a transit tunnel, but where a transit tunnel was one of the alternatives analyzed. (q) Knoxville, Tennessee, Property Acquisition.— The acquisition of property for the city of Knoxville, Tennessee, for the Knoxville, Tennessee, Central Station project shall be deemed to qualify as an acquisition of land for protective purposes pursuant to section 622.101 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. The Secretary of Transportation may allow the costs of such acquisition to be credited toward the non-Federal share for the project. (r) California Transit Services.— The Secretary of Transportation shall use not more than $3,000,000 of the funds made available for use at the discretion of the Secretary for fiscal year 2007 for Federal Transit Administration Discretionary Programs, Bus and Bus Facilities to reimburse the California State department of transportation for actual and necessary costs of maintenance and operation, less the amount of fares earned, for additional public transportation services that were provided by the department of transportation as a temporary substitute for highway traffic service following the freeway collapse at the interchange connecting Interstate Routes 80, 580, and 880 near the San Francisco-Oakland Bay Bridge, on April 29, 2007, until the reopening of that facility on June 29, 2007. The Federal share of the cost of activities reimbursed under this subsection shall be 100 percent.
2008
SAFETEA–LU Technical Corrections Act of 2008
Pub. L. 110–244 § 201 · 122 Stat. 1572
Amended · 49 U.S.C. § 5336(a)(2)
Pub. L. 110–244, § 201(l)(2), amended Pub. L. 109–59, § 3034(d)(2). See 2005 Amendment note below
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 110–244, § 201(l)(2), amended Pub. L. 109–59, § 3034(d)(2). See 2005 Amendment note below.
Enacted provision · exact public law section
SEC. 201. TRANSIT TECHNICAL CORRECTIONS. (a) Section 5302.— Section 5302(a)(10) of title 49, United States Code, is amended by striking “charter,” and inserting “charter, sightseeing,”. (b) Section 5303.— (1) Section 5303(f)(3)(C)(ii) of such title is amended by striking subclause (II) and inserting the following: “(II) Funding.— For fiscal year 2008 and each fiscal year thereafter, in addition to other funds made available to the metropolitan planning organization for the Lake Tahoe region under this chapter and title 23, prior to any allocation under section 202 of title 23, and notwithstanding the allocation provisions of section 202, the Secretary shall set aside ½ of 1 percent of all funds authorized to be appropriated for such fiscal year to carry out section 204 of title 23, and shall make such funds available to the metropolitan planning organization for the Lake Tahoe region to carry out the transportation planning process, environmental reviews, preliminary engineering, and design to complete environmental documentation for transportation projects for the Lake Tahoe region under the Tahoe Regional Planning Compact as consented to in Public Law 96–551 (94 Stat. 3233) and this paragraph.” . (2) Section 5303(j)(3)(D) of such title is amended— (A) by inserting “or the identified phase” before “within the time”; and (B) by inserting “or the identified phase” before the period at the end. (3) Section 5303(k)(2) of such title is amended by striking “a metropolitan planning area serving”. (c) Section 5307.— Section 5307(b) of such title is amended— (1) in the heading for paragraph (2) by striking “2007” and inserting “2009”; (2) in paragraph (2)(A)— (A) by striking “2007” and inserting “2009”; and (B) by striking “mass” and inserting “public”; (3) by adding at the end of paragraph (2) the following: “(E) Maximum amounts in fiscal years 2008 and 2009.— In fiscal years 2008 and 2009— “(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population; “(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and “(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.” ; and (4) in paragraph (3) by striking “section 5305(a)” and inserting “section 5303(k)”. (d) Section 5309.— Section 5309 of such 49 USC 5309. title is amended— (1) in subsection (d)(5)(B) by striking “regulation.” and inserting “this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”; (2) in subsection (e)(6)(B) by striking “subsection.” and inserting “subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”; (3) in the heading for paragraph (2)(A) of subsection (m) by striking “Major capital” and inserting “Capital”; and (4) in subsection (m)(7)(B) by striking “section 3039” and inserting “section 3045”. (e) Section 5311.— Section 5311 of such title is amended— (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”; (2) in subsections (g)(1)(A) and (g)(1)(B) by striking “capital” after “net”; and (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”. (f) Section 5312.— The heading for section 5312(c) of such title is amended by striking “Mass Transportation” and inserting “Public Transportation”. (g) Section 5314.— Section 5314(a)(3) is amended by striking “section 5323(a)(1)(D)” and inserting “section 5333(b)”. (h) Section 5319.— Section 5319 of such title is amended by striking “section 5307(k)” and inserting “section 5307(d)(1)(K)”. (i) Section 5320.— Section 5320 of such title is amended— (1) in subsection (a)(1)(A) by striking “intra—agency” and inserting “intraagency”; (2) in subsection (b)(5)(A) by striking “5302(a)(1)(A)” and inserting “5302(a)(1)”; (3) in subsection (d)(1) by inserting “to administer this section and” after “5338(b)(2)(J)”; (4) by adding at the end of subsection (d) the following: “(4) Transfers to land management agencies.— The Secretary may transfer amounts available under paragraph (1) to the appropriate Federal land management agency to pay necessary costs of the agency for such activities described in paragraph (1) in connection with activities being carried out under this section.” ; (5) in subsection (k)(3) by striking “subsection (d)(1)” and inserting “subsection (e)(1)”; (6) by redesignating subsections (a) through (m) as subsections (b) through (n), respectively; and (7) by inserting before subsection (b) (as so redesignated) the following: “(a) Program Name.— The program authorized by this section shall be known as the Paul S. Sarbanes Transit in Parks Program.” . (j) Section 5323.— Section 5323(n) of such 49 USC 5323. title is amended by striking “section 5336(e)(2)” and inserting “section 5336(d)(2)”. (k) Section 5325.— Section 5325(b) of such title is amended— (1) in paragraph (1) by inserting before the period at the end “adopted before August 10, 2005”; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (l) Section 5336.— (1) Apportionments of formula grants.— Section 5336 of such title is amended— (A) in subsection (a) by striking “Of the amount” and all that follows before paragraph (1) and inserting “Of the amount apportioned under subsection (i)(2) to carry out section 5307—”; (B) in subsection (d)(1) by striking “subsections (a) and (h)(2) of section 5338” and inserting “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338”; and (C) by redesignating subsection (c), as added by section 3034(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1628), as subsection (k). (2) Technical amendments.— Section 3034(d)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1629), is 49 USC 5336. amended by striking “paragraph (2)” and inserting “subsection (a)(2)”. (m) Section 5337.— Section 5337(a) of title 49, United States Code, is amended by striking “for each of fiscal years 1998 through 2003” and inserting “for each of fiscal years 2005 through 2009”. (n) Section 5338.— Section 5338(d)(1)(B) of such title is amended by striking “section 5315(a)(16)” and inserting “section 5315(b)(2)(P)”. (o) SAFETEA–LU.— (1) Section 3011.— Section 3011(f) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1589) is amended by adding to the end the following: “(5) Central Florida Commuter Rail Transit Project.” . (2) Section 3037.— Section 3037(c) of such Act (119 Stat. 1636) is amended— (A) in paragraph (3) by striking “Phase II”; and (B) by striking paragraph (10). (3) Section 3040.— Section 3040(4) of such Act (119 Stat. 1639) is amended by striking “$7,871,895,000” and inserting “$7,872,893,000”. (4) Section 3043.— (A) Portland, oregon.— Section 3043(b)(27) of such Act (119 Stat. 1642) is amended by inserting “/Milwaukie” after “Mall”. (B) Los angeles.— (i) Phase 1.— Section 3043(b)(13) of such Act (119 Stat. 1642) is amended to read as follows: “(13) Los Angeles—Exposition LRT (Phase 1).” . (ii) Phase 2.— Section 3043(c) of such Act (119 Stat. 1645) is amended by inserting after paragraph (104) the following: “(104A) Los Angeles—Exposition LRT (Phase 2).” . (C) San diego.— Section 3043(c)(105) of such Act (119 Stat. 1645) is amended by striking “LOSSAN Del Mar-San Diego—Rail Corridor Improvements” and inserting “LOSSAN Rail Corridor Improvements”. (D) San diego.— Section 3043(c)(217) of such Act (119 Stat. 1648) is amended by striking “San Diego” and inserting “San Diego Transit”. (E) Sacramento.— Section 3043(c)(204) of such Act (119 Stat. 647) is amended by striking “Downtown”. (F) Boston.— Section 3043(d)(6) of such Act (119 Stat. 1649) is amended to read as follows: “(6) Boston-Silver Line Phase III, $20,000,000.” . (G) Project construction grants.— Section 3043(e) of such Act (119 Stat. 1651) is amended by adding at the end the following: “(4) Project construction grants.— Projects recommended by the Secretary for a project construction grant agreement under section 5309(e) of title 49, United States Code, or for funding under section 5309(m)(2)(A)(i) of such title during fiscal year 2008 and fiscal year 2009 are authorized for preliminary engineering, final design, and construction for fiscal years 2007 through 2009 upon the completion of the notification process for each such project under section 5309(g)(5).” . (H) Los angeles and san gabriel valley.— Section 3043 of such Act (119 Stat. 1640) is amended by adding at the end the following: “(k) Los Angeles Extension.— In evaluating the local share of the project authorized by subsection (c)(104A) in the new starts rating process, the Secretary shall give consideration to project elements of the project authorized by subsection (b)(13) advanced with 100 percent non-Federal funds. “(l) San Gabriel Valley––Gold Line Foothill Extension Phase II.— In evaluating the local share of the San Gabriel Valley––Gold Line Foothill Extension Phase II project authorized by subsection (b)(33) in the new starts rating process, the Secretary shall give consideration to project elements of the San Gabriel Valley––Gold Line Foothill Extension Phase I project advanced with 100 percent non-Federal funds.” . (5) Section 3044.— (A) Projects.— The table contained in section 3044(a) of such Act (119 Stat. 1652) is amended— (i) in item 25— (I) by striking “$217,360” and inserting “$167,360”; and (II) by striking “$225,720” and inserting “$175,720”; (ii) in item number 36 by striking the project description and inserting “Los Angeles County Metropolitan Transportation Authority (LACMTA) for bus and bus-related facilities in the LACMTA’s service area”; (iii) in item number 71 by inserting “Metropolitan Bus Authority” after “Puerto Rico”; (iv) in item number 84 by striking the project description and inserting “Improvements to the existing Sacramento Intermodal Facility (Sacramento Valley Station)”; (v) in item number 94 by striking the project description and inserting “Pacific Transit, WA Vehicle Replacement”; (vi) in item number 120 by striking “Dayton Airport Intermodal Rail Feasibility Study” and inserting “Greater Dayton Regional Transit Authority buses and bus facilities”; (vii) in item number 152 by inserting “Metropolitan Bus Authority” after “Puerto Rico”; (viii) in item number 416 by striking “Improve marine intermodal” and inserting “Improve marine dry-dock and”; (ix) in item number 457— (I) by striking “$65,000” and inserting “$0”; and (II) by striking “$67,500” and inserting “$0”; and (x) in item number 458— (I) by striking “$65,000” and inserting “$130,000”; (II) by striking “$67,500” and inserting “$135,000”; and (xi) in item number 57 by striking the project description and inserting “Wilmington, NC, maintenance and operations facilities and administration and transfer facilities”; (xii) in item number 460 by striking the matters in the project description, FY08 column, and FY09 column and inserting “460. Mid-Region Council of Governments, New Mexico, public transportation buses, bus-related equipment and facilities, and intermodal terminals in Albuquerque and Santa Fe”, “$500,000”, and “$500,000”, respectively. (xiii) in item number 138 by striking “Design” and inserting “Determine scope, engineering, design,”; (xiv) in item number 23 by striking “Construct” and inserting “Design, engineering, right-of-way acquisition, and construction”; (xv) in item number 439 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”; (xvi) in item number 453 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”; (xvii) in item number 371 by striking the project description and inserting “Regional Transportation Commission of Southern Nevada, Sunset Bus Maintenance Facility”; (xviii) in item number 487 by striking “Central Arkansas Transit Authority Facility Upgrades” and inserting “Central Arkansas Transit Authority Bus Acquisition”; (xix) in item number 491 by striking the project description and inserting “Pace, IL, Cermak Road, Bus Rapid Transit, and related bus projects, and alternatives analysis”; (xx) in item number 512 by striking “Corning, NY, Phase II Corning Preserve Transportation Enhancement Project” and inserting “Transportation Center Enhancements, Corning, NY”; (xxi) in item number 534 by striking “Community Buses” and inserting “Bus and Bus Facilities”; (xxii) in item number 570 by striking “Maine Department of Transportation-Acadia Intermodal Facility” and inserting “MaineDOT Acadia Intermodal Passenger and Maintenance Facility”; (xxiii) in item number 80 by striking the project description and amounts and inserting “Flagler County, Florida–buses and bus facility”, “$57,684”, “$60,192”, “$65,208”, and “$67,716” respectively; (xxiv) in item number 135 by striking the project description and inserting “Pace Suburban Bus, IL–Purchase Vehicles”; (xxv) in item number 276 by striking the project description and amounts and inserting “Long Beach Transit, Long Beach, California, for the purchase of transit vehicles and enhancement of para-transit and senior transportation services”, “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and (xxvi) by adding at the end— (I) (aa) in the project description column “666. New York City, NY, rehabilitation of subway stations to include passenger access improvements including escalators or installation of infrastructure for security and surveillance purposes”; and (bb) in the FY08 column and the FY09 column “$50,000”; (II) (aa) in the project description column “667. St. Johns County Council on Aging buses and bus facilities, Florida”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$57,684”, “$60,192”, “$65,208”, and “$67,716”, respectively; (III) (aa) in the project description column “668. The City of Compton, California, for the replacement of buses and paratransit vehicles”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and (IV) (aa) in the project description column “669. City of Los Angeles, California, for the purchase of transit vehicles in Watts and enhancement of paratransit and senior transportation services”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$128,200”, “$133,760”, “$144,908”, and “$150,480”, respectively. (B) Special rule.— Section 3044(c) of such Act (119 Stat. 1705) is amended— (i) by inserting “, or other entity,” after “State or local governmental authority”; and (ii) by striking “projects numbered 258 and 347” and inserting “projects numbered 258, 347, and 411”; and (iii) by striking the period at the end and inserting: “, and funds made available for fiscal year 2006 for the bus and bus-related facilities projects numbered 176 and 652 under subsection (a) shall remain available until September 30, 2009.”. (6) Section 3046.— Section 3046(a)(7) of 49 USC 5338 note. such Act (119 Stat. 1708) is amended— (A) by striking “hydrogen fuel cell vehicles” and inserting “hydrogen fueled vehicles”; (B) by striking “hydrogen fuel cell employee shuttle vans” and inserting “hydrogen fueled employee shuttle vans”; and (C) by striking “in Allentown, Pennsylvania” and inserting “to the DaVinci Center in Allentown, Pennsylvania”. (7) Section 3050.— Section 3050(b) of such Act (119 Stat. 1713) is amended by inserting “by negotiating the extension of the existing agreement between mile post 191.13 and mile post 185.1 to mile post 165.9 in Rhode Island” before the period at the end. (p) Transit Tunnels.— In 49 USC 5309 note. carrying out section 5309(d)(3)(D) of title 49, United States Code, the Secretary of Transportation shall specifically analyze, evaluate, and consider— (1) the congestion relief, improved mobility, and other benefits of transit tunnels in those projects which include a transit tunnel; and (2) the associated ancillary and mitigation costs necessary to relieve congestion, improve mobility, and decrease air and noise pollution in those projects which do not include a transit tunnel, but where a transit tunnel was one of the alternatives analyzed. (q) Knoxville, Tennessee, Property Acquisition.— The acquisition of property for the city of Knoxville, Tennessee, for the Knoxville, Tennessee, Central Station project shall be deemed to qualify as an acquisition of land for protective purposes pursuant to section 622.101 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. The Secretary of Transportation may allow the costs of such acquisition to be credited toward the non-Federal share for the project. (r) California Transit Services.— The Secretary of Transportation shall use not more than $3,000,000 of the funds made available for use at the discretion of the Secretary for fiscal year 2007 for Federal Transit Administration Discretionary Programs, Bus and Bus Facilities to reimburse the California State department of transportation for actual and necessary costs of maintenance and operation, less the amount of fares earned, for additional public transportation services that were provided by the department of transportation as a temporary substitute for highway traffic service following the freeway collapse at the interchange connecting Interstate Routes 80, 580, and 880 near the San Francisco-Oakland Bay Bridge, on April 29, 2007, until the reopening of that facility on June 29, 2007. The Federal share of the cost of activities reimbursed under this subsection shall be 100 percent.
2008
SAFETEA–LU Technical Corrections Act of 2008
Pub. L. 110–244 § 201 · 122 Stat. 1572
Redesignated · 49 U.S.C. § 5336(c)
Pub. L. 110–244, § 201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 110–244, § 201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).
Enacted provision · exact public law section
SEC. 201. TRANSIT TECHNICAL CORRECTIONS. (a) Section 5302.— Section 5302(a)(10) of title 49, United States Code, is amended by striking “charter,” and inserting “charter, sightseeing,”. (b) Section 5303.— (1) Section 5303(f)(3)(C)(ii) of such title is amended by striking subclause (II) and inserting the following: “(II) Funding.— For fiscal year 2008 and each fiscal year thereafter, in addition to other funds made available to the metropolitan planning organization for the Lake Tahoe region under this chapter and title 23, prior to any allocation under section 202 of title 23, and notwithstanding the allocation provisions of section 202, the Secretary shall set aside ½ of 1 percent of all funds authorized to be appropriated for such fiscal year to carry out section 204 of title 23, and shall make such funds available to the metropolitan planning organization for the Lake Tahoe region to carry out the transportation planning process, environmental reviews, preliminary engineering, and design to complete environmental documentation for transportation projects for the Lake Tahoe region under the Tahoe Regional Planning Compact as consented to in Public Law 96–551 (94 Stat. 3233) and this paragraph.” . (2) Section 5303(j)(3)(D) of such title is amended— (A) by inserting “or the identified phase” before “within the time”; and (B) by inserting “or the identified phase” before the period at the end. (3) Section 5303(k)(2) of such title is amended by striking “a metropolitan planning area serving”. (c) Section 5307.— Section 5307(b) of such title is amended— (1) in the heading for paragraph (2) by striking “2007” and inserting “2009”; (2) in paragraph (2)(A)— (A) by striking “2007” and inserting “2009”; and (B) by striking “mass” and inserting “public”; (3) by adding at the end of paragraph (2) the following: “(E) Maximum amounts in fiscal years 2008 and 2009.— In fiscal years 2008 and 2009— “(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population; “(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and “(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.” ; and (4) in paragraph (3) by striking “section 5305(a)” and inserting “section 5303(k)”. (d) Section 5309.— Section 5309 of such 49 USC 5309. title is amended— (1) in subsection (d)(5)(B) by striking “regulation.” and inserting “this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”; (2) in subsection (e)(6)(B) by striking “subsection.” and inserting “subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”; (3) in the heading for paragraph (2)(A) of subsection (m) by striking “Major capital” and inserting “Capital”; and (4) in subsection (m)(7)(B) by striking “section 3039” and inserting “section 3045”. (e) Section 5311.— Section 5311 of such title is amended— (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”; (2) in subsections (g)(1)(A) and (g)(1)(B) by striking “capital” after “net”; and (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”. (f) Section 5312.— The heading for section 5312(c) of such title is amended by striking “Mass Transportation” and inserting “Public Transportation”. (g) Section 5314.— Section 5314(a)(3) is amended by striking “section 5323(a)(1)(D)” and inserting “section 5333(b)”. (h) Section 5319.— Section 5319 of such title is amended by striking “section 5307(k)” and inserting “section 5307(d)(1)(K)”. (i) Section 5320.— Section 5320 of such title is amended— (1) in subsection (a)(1)(A) by striking “intra—agency” and inserting “intraagency”; (2) in subsection (b)(5)(A) by striking “5302(a)(1)(A)” and inserting “5302(a)(1)”; (3) in subsection (d)(1) by inserting “to administer this section and” after “5338(b)(2)(J)”; (4) by adding at the end of subsection (d) the following: “(4) Transfers to land management agencies.— The Secretary may transfer amounts available under paragraph (1) to the appropriate Federal land management agency to pay necessary costs of the agency for such activities described in paragraph (1) in connection with activities being carried out under this section.” ; (5) in subsection (k)(3) by striking “subsection (d)(1)” and inserting “subsection (e)(1)”; (6) by redesignating subsections (a) through (m) as subsections (b) through (n), respectively; and (7) by inserting before subsection (b) (as so redesignated) the following: “(a) Program Name.— The program authorized by this section shall be known as the Paul S. Sarbanes Transit in Parks Program.” . (j) Section 5323.— Section 5323(n) of such 49 USC 5323. title is amended by striking “section 5336(e)(2)” and inserting “section 5336(d)(2)”. (k) Section 5325.— Section 5325(b) of such title is amended— (1) in paragraph (1) by inserting before the period at the end “adopted before August 10, 2005”; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (l) Section 5336.— (1) Apportionments of formula grants.— Section 5336 of such title is amended— (A) in subsection (a) by striking “Of the amount” and all that follows before paragraph (1) and inserting “Of the amount apportioned under subsection (i)(2) to carry out section 5307—”; (B) in subsection (d)(1) by striking “subsections (a) and (h)(2) of section 5338” and inserting “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338”; and (C) by redesignating subsection (c), as added by section 3034(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1628), as subsection (k). (2) Technical amendments.— Section 3034(d)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1629), is 49 USC 5336. amended by striking “paragraph (2)” and inserting “subsection (a)(2)”. (m) Section 5337.— Section 5337(a) of title 49, United States Code, is amended by striking “for each of fiscal years 1998 through 2003” and inserting “for each of fiscal years 2005 through 2009”. (n) Section 5338.— Section 5338(d)(1)(B) of such title is amended by striking “section 5315(a)(16)” and inserting “section 5315(b)(2)(P)”. (o) SAFETEA–LU.— (1) Section 3011.— Section 3011(f) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1589) is amended by adding to the end the following: “(5) Central Florida Commuter Rail Transit Project.” . (2) Section 3037.— Section 3037(c) of such Act (119 Stat. 1636) is amended— (A) in paragraph (3) by striking “Phase II”; and (B) by striking paragraph (10). (3) Section 3040.— Section 3040(4) of such Act (119 Stat. 1639) is amended by striking “$7,871,895,000” and inserting “$7,872,893,000”. (4) Section 3043.— (A) Portland, oregon.— Section 3043(b)(27) of such Act (119 Stat. 1642) is amended by inserting “/Milwaukie” after “Mall”. (B) Los angeles.— (i) Phase 1.— Section 3043(b)(13) of such Act (119 Stat. 1642) is amended to read as follows: “(13) Los Angeles—Exposition LRT (Phase 1).” . (ii) Phase 2.— Section 3043(c) of such Act (119 Stat. 1645) is amended by inserting after paragraph (104) the following: “(104A) Los Angeles—Exposition LRT (Phase 2).” . (C) San diego.— Section 3043(c)(105) of such Act (119 Stat. 1645) is amended by striking “LOSSAN Del Mar-San Diego—Rail Corridor Improvements” and inserting “LOSSAN Rail Corridor Improvements”. (D) San diego.— Section 3043(c)(217) of such Act (119 Stat. 1648) is amended by striking “San Diego” and inserting “San Diego Transit”. (E) Sacramento.— Section 3043(c)(204) of such Act (119 Stat. 647) is amended by striking “Downtown”. (F) Boston.— Section 3043(d)(6) of such Act (119 Stat. 1649) is amended to read as follows: “(6) Boston-Silver Line Phase III, $20,000,000.” . (G) Project construction grants.— Section 3043(e) of such Act (119 Stat. 1651) is amended by adding at the end the following: “(4) Project construction grants.— Projects recommended by the Secretary for a project construction grant agreement under section 5309(e) of title 49, United States Code, or for funding under section 5309(m)(2)(A)(i) of such title during fiscal year 2008 and fiscal year 2009 are authorized for preliminary engineering, final design, and construction for fiscal years 2007 through 2009 upon the completion of the notification process for each such project under section 5309(g)(5).” . (H) Los angeles and san gabriel valley.— Section 3043 of such Act (119 Stat. 1640) is amended by adding at the end the following: “(k) Los Angeles Extension.— In evaluating the local share of the project authorized by subsection (c)(104A) in the new starts rating process, the Secretary shall give consideration to project elements of the project authorized by subsection (b)(13) advanced with 100 percent non-Federal funds. “(l) San Gabriel Valley––Gold Line Foothill Extension Phase II.— In evaluating the local share of the San Gabriel Valley––Gold Line Foothill Extension Phase II project authorized by subsection (b)(33) in the new starts rating process, the Secretary shall give consideration to project elements of the San Gabriel Valley––Gold Line Foothill Extension Phase I project advanced with 100 percent non-Federal funds.” . (5) Section 3044.— (A) Projects.— The table contained in section 3044(a) of such Act (119 Stat. 1652) is amended— (i) in item 25— (I) by striking “$217,360” and inserting “$167,360”; and (II) by striking “$225,720” and inserting “$175,720”; (ii) in item number 36 by striking the project description and inserting “Los Angeles County Metropolitan Transportation Authority (LACMTA) for bus and bus-related facilities in the LACMTA’s service area”; (iii) in item number 71 by inserting “Metropolitan Bus Authority” after “Puerto Rico”; (iv) in item number 84 by striking the project description and inserting “Improvements to the existing Sacramento Intermodal Facility (Sacramento Valley Station)”; (v) in item number 94 by striking the project description and inserting “Pacific Transit, WA Vehicle Replacement”; (vi) in item number 120 by striking “Dayton Airport Intermodal Rail Feasibility Study” and inserting “Greater Dayton Regional Transit Authority buses and bus facilities”; (vii) in item number 152 by inserting “Metropolitan Bus Authority” after “Puerto Rico”; (viii) in item number 416 by striking “Improve marine intermodal” and inserting “Improve marine dry-dock and”; (ix) in item number 457— (I) by striking “$65,000” and inserting “$0”; and (II) by striking “$67,500” and inserting “$0”; and (x) in item number 458— (I) by striking “$65,000” and inserting “$130,000”; (II) by striking “$67,500” and inserting “$135,000”; and (xi) in item number 57 by striking the project description and inserting “Wilmington, NC, maintenance and operations facilities and administration and transfer facilities”; (xii) in item number 460 by striking the matters in the project description, FY08 column, and FY09 column and inserting “460. Mid-Region Council of Governments, New Mexico, public transportation buses, bus-related equipment and facilities, and intermodal terminals in Albuquerque and Santa Fe”, “$500,000”, and “$500,000”, respectively. (xiii) in item number 138 by striking “Design” and inserting “Determine scope, engineering, design,”; (xiv) in item number 23 by striking “Construct” and inserting “Design, engineering, right-of-way acquisition, and construction”; (xv) in item number 439 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”; (xvi) in item number 453 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”; (xvii) in item number 371 by striking the project description and inserting “Regional Transportation Commission of Southern Nevada, Sunset Bus Maintenance Facility”; (xviii) in item number 487 by striking “Central Arkansas Transit Authority Facility Upgrades” and inserting “Central Arkansas Transit Authority Bus Acquisition”; (xix) in item number 491 by striking the project description and inserting “Pace, IL, Cermak Road, Bus Rapid Transit, and related bus projects, and alternatives analysis”; (xx) in item number 512 by striking “Corning, NY, Phase II Corning Preserve Transportation Enhancement Project” and inserting “Transportation Center Enhancements, Corning, NY”; (xxi) in item number 534 by striking “Community Buses” and inserting “Bus and Bus Facilities”; (xxii) in item number 570 by striking “Maine Department of Transportation-Acadia Intermodal Facility” and inserting “MaineDOT Acadia Intermodal Passenger and Maintenance Facility”; (xxiii) in item number 80 by striking the project description and amounts and inserting “Flagler County, Florida–buses and bus facility”, “$57,684”, “$60,192”, “$65,208”, and “$67,716” respectively; (xxiv) in item number 135 by striking the project description and inserting “Pace Suburban Bus, IL–Purchase Vehicles”; (xxv) in item number 276 by striking the project description and amounts and inserting “Long Beach Transit, Long Beach, California, for the purchase of transit vehicles and enhancement of para-transit and senior transportation services”, “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and (xxvi) by adding at the end— (I) (aa) in the project description column “666. New York City, NY, rehabilitation of subway stations to include passenger access improvements including escalators or installation of infrastructure for security and surveillance purposes”; and (bb) in the FY08 column and the FY09 column “$50,000”; (II) (aa) in the project description column “667. St. Johns County Council on Aging buses and bus facilities, Florida”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$57,684”, “$60,192”, “$65,208”, and “$67,716”, respectively; (III) (aa) in the project description column “668. The City of Compton, California, for the replacement of buses and paratransit vehicles”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and (IV) (aa) in the project description column “669. City of Los Angeles, California, for the purchase of transit vehicles in Watts and enhancement of paratransit and senior transportation services”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$128,200”, “$133,760”, “$144,908”, and “$150,480”, respectively. (B) Special rule.— Section 3044(c) of such Act (119 Stat. 1705) is amended— (i) by inserting “, or other entity,” after “State or local governmental authority”; and (ii) by striking “projects numbered 258 and 347” and inserting “projects numbered 258, 347, and 411”; and (iii) by striking the period at the end and inserting: “, and funds made available for fiscal year 2006 for the bus and bus-related facilities projects numbered 176 and 652 under subsection (a) shall remain available until September 30, 2009.”. (6) Section 3046.— Section 3046(a)(7) of 49 USC 5338 note. such Act (119 Stat. 1708) is amended— (A) by striking “hydrogen fuel cell vehicles” and inserting “hydrogen fueled vehicles”; (B) by striking “hydrogen fuel cell employee shuttle vans” and inserting “hydrogen fueled employee shuttle vans”; and (C) by striking “in Allentown, Pennsylvania” and inserting “to the DaVinci Center in Allentown, Pennsylvania”. (7) Section 3050.— Section 3050(b) of such Act (119 Stat. 1713) is amended by inserting “by negotiating the extension of the existing agreement between mile post 191.13 and mile post 185.1 to mile post 165.9 in Rhode Island” before the period at the end. (p) Transit Tunnels.— In 49 USC 5309 note. carrying out section 5309(d)(3)(D) of title 49, United States Code, the Secretary of Transportation shall specifically analyze, evaluate, and consider— (1) the congestion relief, improved mobility, and other benefits of transit tunnels in those projects which include a transit tunnel; and (2) the associated ancillary and mitigation costs necessary to relieve congestion, improve mobility, and decrease air and noise pollution in those projects which do not include a transit tunnel, but where a transit tunnel was one of the alternatives analyzed. (q) Knoxville, Tennessee, Property Acquisition.— The acquisition of property for the city of Knoxville, Tennessee, for the Knoxville, Tennessee, Central Station project shall be deemed to qualify as an acquisition of land for protective purposes pursuant to section 622.101 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. The Secretary of Transportation may allow the costs of such acquisition to be credited toward the non-Federal share for the project. (r) California Transit Services.— The Secretary of Transportation shall use not more than $3,000,000 of the funds made available for use at the discretion of the Secretary for fiscal year 2007 for Federal Transit Administration Discretionary Programs, Bus and Bus Facilities to reimburse the California State department of transportation for actual and necessary costs of maintenance and operation, less the amount of fares earned, for additional public transportation services that were provided by the department of transportation as a temporary substitute for highway traffic service following the freeway collapse at the interchange connecting Interstate Routes 80, 580, and 880 near the San Francisco-Oakland Bay Bridge, on April 29, 2007, until the reopening of that facility on June 29, 2007. The Federal share of the cost of activities reimbursed under this subsection shall be 100 percent.
2008
SAFETEA–LU Technical Corrections Act of 2008
Pub. L. 110–244 § 201 · 122 Stat. 1572
Substituted · 49 U.S.C. § 5336(d)(1)
Pub. L. 110–244, § 201(l)(1)(B), substituted “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338” for “subsections (a) and (h)(2) of section 5338”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 110–244, § 201(l)(1)(B), substituted “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338” for “subsections (a) and (h)(2) of section 5338”.
Enacted provision · exact public law section
SEC. 201. TRANSIT TECHNICAL CORRECTIONS. (a) Section 5302.— Section 5302(a)(10) of title 49, United States Code, is amended by striking “charter,” and inserting “charter, sightseeing,”. (b) Section 5303.— (1) Section 5303(f)(3)(C)(ii) of such title is amended by striking subclause (II) and inserting the following: “(II) Funding.— For fiscal year 2008 and each fiscal year thereafter, in addition to other funds made available to the metropolitan planning organization for the Lake Tahoe region under this chapter and title 23, prior to any allocation under section 202 of title 23, and notwithstanding the allocation provisions of section 202, the Secretary shall set aside ½ of 1 percent of all funds authorized to be appropriated for such fiscal year to carry out section 204 of title 23, and shall make such funds available to the metropolitan planning organization for the Lake Tahoe region to carry out the transportation planning process, environmental reviews, preliminary engineering, and design to complete environmental documentation for transportation projects for the Lake Tahoe region under the Tahoe Regional Planning Compact as consented to in Public Law 96–551 (94 Stat. 3233) and this paragraph.” . (2) Section 5303(j)(3)(D) of such title is amended— (A) by inserting “or the identified phase” before “within the time”; and (B) by inserting “or the identified phase” before the period at the end. (3) Section 5303(k)(2) of such title is amended by striking “a metropolitan planning area serving”. (c) Section 5307.— Section 5307(b) of such title is amended— (1) in the heading for paragraph (2) by striking “2007” and inserting “2009”; (2) in paragraph (2)(A)— (A) by striking “2007” and inserting “2009”; and (B) by striking “mass” and inserting “public”; (3) by adding at the end of paragraph (2) the following: “(E) Maximum amounts in fiscal years 2008 and 2009.— In fiscal years 2008 and 2009— “(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population; “(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and “(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.” ; and (4) in paragraph (3) by striking “section 5305(a)” and inserting “section 5303(k)”. (d) Section 5309.— Section 5309 of such 49 USC 5309. title is amended— (1) in subsection (d)(5)(B) by striking “regulation.” and inserting “this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”; (2) in subsection (e)(6)(B) by striking “subsection.” and inserting “subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”; (3) in the heading for paragraph (2)(A) of subsection (m) by striking “Major capital” and inserting “Capital”; and (4) in subsection (m)(7)(B) by striking “section 3039” and inserting “section 3045”. (e) Section 5311.— Section 5311 of such title is amended— (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”; (2) in subsections (g)(1)(A) and (g)(1)(B) by striking “capital” after “net”; and (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”. (f) Section 5312.— The heading for section 5312(c) of such title is amended by striking “Mass Transportation” and inserting “Public Transportation”. (g) Section 5314.— Section 5314(a)(3) is amended by striking “section 5323(a)(1)(D)” and inserting “section 5333(b)”. (h) Section 5319.— Section 5319 of such title is amended by striking “section 5307(k)” and inserting “section 5307(d)(1)(K)”. (i) Section 5320.— Section 5320 of such title is amended— (1) in subsection (a)(1)(A) by striking “intra—agency” and inserting “intraagency”; (2) in subsection (b)(5)(A) by striking “5302(a)(1)(A)” and inserting “5302(a)(1)”; (3) in subsection (d)(1) by inserting “to administer this section and” after “5338(b)(2)(J)”; (4) by adding at the end of subsection (d) the following: “(4) Transfers to land management agencies.— The Secretary may transfer amounts available under paragraph (1) to the appropriate Federal land management agency to pay necessary costs of the agency for such activities described in paragraph (1) in connection with activities being carried out under this section.” ; (5) in subsection (k)(3) by striking “subsection (d)(1)” and inserting “subsection (e)(1)”; (6) by redesignating subsections (a) through (m) as subsections (b) through (n), respectively; and (7) by inserting before subsection (b) (as so redesignated) the following: “(a) Program Name.— The program authorized by this section shall be known as the Paul S. Sarbanes Transit in Parks Program.” . (j) Section 5323.— Section 5323(n) of such 49 USC 5323. title is amended by striking “section 5336(e)(2)” and inserting “section 5336(d)(2)”. (k) Section 5325.— Section 5325(b) of such title is amended— (1) in paragraph (1) by inserting before the period at the end “adopted before August 10, 2005”; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (l) Section 5336.— (1) Apportionments of formula grants.— Section 5336 of such title is amended— (A) in subsection (a) by striking “Of the amount” and all that follows before paragraph (1) and inserting “Of the amount apportioned under subsection (i)(2) to carry out section 5307—”; (B) in subsection (d)(1) by striking “subsections (a) and (h)(2) of section 5338” and inserting “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338”; and (C) by redesignating subsection (c), as added by section 3034(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1628), as subsection (k). (2) Technical amendments.— Section 3034(d)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1629), is 49 USC 5336. amended by striking “paragraph (2)” and inserting “subsection (a)(2)”. (m) Section 5337.— Section 5337(a) of title 49, United States Code, is amended by striking “for each of fiscal years 1998 through 2003” and inserting “for each of fiscal years 2005 through 2009”. (n) Section 5338.— Section 5338(d)(1)(B) of such title is amended by striking “section 5315(a)(16)” and inserting “section 5315(b)(2)(P)”. (o) SAFETEA–LU.— (1) Section 3011.— Section 3011(f) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1589) is amended by adding to the end the following: “(5) Central Florida Commuter Rail Transit Project.” . (2) Section 3037.— Section 3037(c) of such Act (119 Stat. 1636) is amended— (A) in paragraph (3) by striking “Phase II”; and (B) by striking paragraph (10). (3) Section 3040.— Section 3040(4) of such Act (119 Stat. 1639) is amended by striking “$7,871,895,000” and inserting “$7,872,893,000”. (4) Section 3043.— (A) Portland, oregon.— Section 3043(b)(27) of such Act (119 Stat. 1642) is amended by inserting “/Milwaukie” after “Mall”. (B) Los angeles.— (i) Phase 1.— Section 3043(b)(13) of such Act (119 Stat. 1642) is amended to read as follows: “(13) Los Angeles—Exposition LRT (Phase 1).” . (ii) Phase 2.— Section 3043(c) of such Act (119 Stat. 1645) is amended by inserting after paragraph (104) the following: “(104A) Los Angeles—Exposition LRT (Phase 2).” . (C) San diego.— Section 3043(c)(105) of such Act (119 Stat. 1645) is amended by striking “LOSSAN Del Mar-San Diego—Rail Corridor Improvements” and inserting “LOSSAN Rail Corridor Improvements”. (D) San diego.— Section 3043(c)(217) of such Act (119 Stat. 1648) is amended by striking “San Diego” and inserting “San Diego Transit”. (E) Sacramento.— Section 3043(c)(204) of such Act (119 Stat. 647) is amended by striking “Downtown”. (F) Boston.— Section 3043(d)(6) of such Act (119 Stat. 1649) is amended to read as follows: “(6) Boston-Silver Line Phase III, $20,000,000.” . (G) Project construction grants.— Section 3043(e) of such Act (119 Stat. 1651) is amended by adding at the end the following: “(4) Project construction grants.— Projects recommended by the Secretary for a project construction grant agreement under section 5309(e) of title 49, United States Code, or for funding under section 5309(m)(2)(A)(i) of such title during fiscal year 2008 and fiscal year 2009 are authorized for preliminary engineering, final design, and construction for fiscal years 2007 through 2009 upon the completion of the notification process for each such project under section 5309(g)(5).” . (H) Los angeles and san gabriel valley.— Section 3043 of such Act (119 Stat. 1640) is amended by adding at the end the following: “(k) Los Angeles Extension.— In evaluating the local share of the project authorized by subsection (c)(104A) in the new starts rating process, the Secretary shall give consideration to project elements of the project authorized by subsection (b)(13) advanced with 100 percent non-Federal funds. “(l) San Gabriel Valley––Gold Line Foothill Extension Phase II.— In evaluating the local share of the San Gabriel Valley––Gold Line Foothill Extension Phase II project authorized by subsection (b)(33) in the new starts rating process, the Secretary shall give consideration to project elements of the San Gabriel Valley––Gold Line Foothill Extension Phase I project advanced with 100 percent non-Federal funds.” . (5) Section 3044.— (A) Projects.— The table contained in section 3044(a) of such Act (119 Stat. 1652) is amended— (i) in item 25— (I) by striking “$217,360” and inserting “$167,360”; and (II) by striking “$225,720” and inserting “$175,720”; (ii) in item number 36 by striking the project description and inserting “Los Angeles County Metropolitan Transportation Authority (LACMTA) for bus and bus-related facilities in the LACMTA’s service area”; (iii) in item number 71 by inserting “Metropolitan Bus Authority” after “Puerto Rico”; (iv) in item number 84 by striking the project description and inserting “Improvements to the existing Sacramento Intermodal Facility (Sacramento Valley Station)”; (v) in item number 94 by striking the project description and inserting “Pacific Transit, WA Vehicle Replacement”; (vi) in item number 120 by striking “Dayton Airport Intermodal Rail Feasibility Study” and inserting “Greater Dayton Regional Transit Authority buses and bus facilities”; (vii) in item number 152 by inserting “Metropolitan Bus Authority” after “Puerto Rico”; (viii) in item number 416 by striking “Improve marine intermodal” and inserting “Improve marine dry-dock and”; (ix) in item number 457— (I) by striking “$65,000” and inserting “$0”; and (II) by striking “$67,500” and inserting “$0”; and (x) in item number 458— (I) by striking “$65,000” and inserting “$130,000”; (II) by striking “$67,500” and inserting “$135,000”; and (xi) in item number 57 by striking the project description and inserting “Wilmington, NC, maintenance and operations facilities and administration and transfer facilities”; (xii) in item number 460 by striking the matters in the project description, FY08 column, and FY09 column and inserting “460. Mid-Region Council of Governments, New Mexico, public transportation buses, bus-related equipment and facilities, and intermodal terminals in Albuquerque and Santa Fe”, “$500,000”, and “$500,000”, respectively. (xiii) in item number 138 by striking “Design” and inserting “Determine scope, engineering, design,”; (xiv) in item number 23 by striking “Construct” and inserting “Design, engineering, right-of-way acquisition, and construction”; (xv) in item number 439 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”; (xvi) in item number 453 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”; (xvii) in item number 371 by striking the project description and inserting “Regional Transportation Commission of Southern Nevada, Sunset Bus Maintenance Facility”; (xviii) in item number 487 by striking “Central Arkansas Transit Authority Facility Upgrades” and inserting “Central Arkansas Transit Authority Bus Acquisition”; (xix) in item number 491 by striking the project description and inserting “Pace, IL, Cermak Road, Bus Rapid Transit, and related bus projects, and alternatives analysis”; (xx) in item number 512 by striking “Corning, NY, Phase II Corning Preserve Transportation Enhancement Project” and inserting “Transportation Center Enhancements, Corning, NY”; (xxi) in item number 534 by striking “Community Buses” and inserting “Bus and Bus Facilities”; (xxii) in item number 570 by striking “Maine Department of Transportation-Acadia Intermodal Facility” and inserting “MaineDOT Acadia Intermodal Passenger and Maintenance Facility”; (xxiii) in item number 80 by striking the project description and amounts and inserting “Flagler County, Florida–buses and bus facility”, “$57,684”, “$60,192”, “$65,208”, and “$67,716” respectively; (xxiv) in item number 135 by striking the project description and inserting “Pace Suburban Bus, IL–Purchase Vehicles”; (xxv) in item number 276 by striking the project description and amounts and inserting “Long Beach Transit, Long Beach, California, for the purchase of transit vehicles and enhancement of para-transit and senior transportation services”, “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and (xxvi) by adding at the end— (I) (aa) in the project description column “666. New York City, NY, rehabilitation of subway stations to include passenger access improvements including escalators or installation of infrastructure for security and surveillance purposes”; and (bb) in the FY08 column and the FY09 column “$50,000”; (II) (aa) in the project description column “667. St. Johns County Council on Aging buses and bus facilities, Florida”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$57,684”, “$60,192”, “$65,208”, and “$67,716”, respectively; (III) (aa) in the project description column “668. The City of Compton, California, for the replacement of buses and paratransit vehicles”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and (IV) (aa) in the project description column “669. City of Los Angeles, California, for the purchase of transit vehicles in Watts and enhancement of paratransit and senior transportation services”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$128,200”, “$133,760”, “$144,908”, and “$150,480”, respectively. (B) Special rule.— Section 3044(c) of such Act (119 Stat. 1705) is amended— (i) by inserting “, or other entity,” after “State or local governmental authority”; and (ii) by striking “projects numbered 258 and 347” and inserting “projects numbered 258, 347, and 411”; and (iii) by striking the period at the end and inserting: “, and funds made available for fiscal year 2006 for the bus and bus-related facilities projects numbered 176 and 652 under subsection (a) shall remain available until September 30, 2009.”. (6) Section 3046.— Section 3046(a)(7) of 49 USC 5338 note. such Act (119 Stat. 1708) is amended— (A) by striking “hydrogen fuel cell vehicles” and inserting “hydrogen fueled vehicles”; (B) by striking “hydrogen fuel cell employee shuttle vans” and inserting “hydrogen fueled employee shuttle vans”; and (C) by striking “in Allentown, Pennsylvania” and inserting “to the DaVinci Center in Allentown, Pennsylvania”. (7) Section 3050.— Section 3050(b) of such Act (119 Stat. 1713) is amended by inserting “by negotiating the extension of the existing agreement between mile post 191.13 and mile post 185.1 to mile post 165.9 in Rhode Island” before the period at the end. (p) Transit Tunnels.— In 49 USC 5309 note. carrying out section 5309(d)(3)(D) of title 49, United States Code, the Secretary of Transportation shall specifically analyze, evaluate, and consider— (1) the congestion relief, improved mobility, and other benefits of transit tunnels in those projects which include a transit tunnel; and (2) the associated ancillary and mitigation costs necessary to relieve congestion, improve mobility, and decrease air and noise pollution in those projects which do not include a transit tunnel, but where a transit tunnel was one of the alternatives analyzed. (q) Knoxville, Tennessee, Property Acquisition.— The acquisition of property for the city of Knoxville, Tennessee, for the Knoxville, Tennessee, Central Station project shall be deemed to qualify as an acquisition of land for protective purposes pursuant to section 622.101 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. The Secretary of Transportation may allow the costs of such acquisition to be credited toward the non-Federal share for the project. (r) California Transit Services.— The Secretary of Transportation shall use not more than $3,000,000 of the funds made available for use at the discretion of the Secretary for fiscal year 2007 for Federal Transit Administration Discretionary Programs, Bus and Bus Facilities to reimburse the California State department of transportation for actual and necessary costs of maintenance and operation, less the amount of fares earned, for additional public transportation services that were provided by the department of transportation as a temporary substitute for highway traffic service following the freeway collapse at the interchange connecting Interstate Routes 80, 580, and 880 near the San Francisco-Oakland Bay Bridge, on April 29, 2007, until the reopening of that facility on June 29, 2007. The Federal share of the cost of activities reimbursed under this subsection shall be 100 percent.
2008
SAFETEA–LU Technical Corrections Act of 2008
Pub. L. 110–244 § 201 · 122 Stat. 1572
Redesignated · 49 U.S.C. § 5336(k)
Pub. L. 110–244, § 201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 110–244, § 201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).
Enacted provision · exact public law section
SEC. 201. TRANSIT TECHNICAL CORRECTIONS. (a) Section 5302.— Section 5302(a)(10) of title 49, United States Code, is amended by striking “charter,” and inserting “charter, sightseeing,”. (b) Section 5303.— (1) Section 5303(f)(3)(C)(ii) of such title is amended by striking subclause (II) and inserting the following: “(II) Funding.— For fiscal year 2008 and each fiscal year thereafter, in addition to other funds made available to the metropolitan planning organization for the Lake Tahoe region under this chapter and title 23, prior to any allocation under section 202 of title 23, and notwithstanding the allocation provisions of section 202, the Secretary shall set aside ½ of 1 percent of all funds authorized to be appropriated for such fiscal year to carry out section 204 of title 23, and shall make such funds available to the metropolitan planning organization for the Lake Tahoe region to carry out the transportation planning process, environmental reviews, preliminary engineering, and design to complete environmental documentation for transportation projects for the Lake Tahoe region under the Tahoe Regional Planning Compact as consented to in Public Law 96–551 (94 Stat. 3233) and this paragraph.” . (2) Section 5303(j)(3)(D) of such title is amended— (A) by inserting “or the identified phase” before “within the time”; and (B) by inserting “or the identified phase” before the period at the end. (3) Section 5303(k)(2) of such title is amended by striking “a metropolitan planning area serving”. (c) Section 5307.— Section 5307(b) of such title is amended— (1) in the heading for paragraph (2) by striking “2007” and inserting “2009”; (2) in paragraph (2)(A)— (A) by striking “2007” and inserting “2009”; and (B) by striking “mass” and inserting “public”; (3) by adding at the end of paragraph (2) the following: “(E) Maximum amounts in fiscal years 2008 and 2009.— In fiscal years 2008 and 2009— “(i) amounts made available to any urbanized area under clause (i) or (ii) of subparagraph (A) shall be not more than 50 percent of the amount apportioned in fiscal year 2002 to the urbanized area with a population of less than 200,000, as determined in the 1990 decennial census of population; “(ii) amounts made available to any urbanized area under subparagraph (A)(iii) shall be not more than 50 percent of the amount apportioned to the urbanized area under this section for fiscal year 2003; and “(iii) each portion of any area not designated as an urbanized area, as determined by the 1990 decennial census, and eligible to receive funds under subparagraph (A)(iv), shall receive an amount of funds to carry out this section that is not less than 50 percent of the amount the portion of the area received under section 5311 in fiscal year 2002.” ; and (4) in paragraph (3) by striking “section 5305(a)” and inserting “section 5303(k)”. (d) Section 5309.— Section 5309 of such 49 USC 5309. title is amended— (1) in subsection (d)(5)(B) by striking “regulation.” and inserting “this subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”; (2) in subsection (e)(6)(B) by striking “subsection.” and inserting “subsection and shall give comparable, but not necessarily equal, numerical weight to each project justification criteria in calculating the overall project rating.”; (3) in the heading for paragraph (2)(A) of subsection (m) by striking “Major capital” and inserting “Capital”; and (4) in subsection (m)(7)(B) by striking “section 3039” and inserting “section 3045”. (e) Section 5311.— Section 5311 of such title is amended— (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”; (2) in subsections (g)(1)(A) and (g)(1)(B) by striking “capital” after “net”; and (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”. (f) Section 5312.— The heading for section 5312(c) of such title is amended by striking “Mass Transportation” and inserting “Public Transportation”. (g) Section 5314.— Section 5314(a)(3) is amended by striking “section 5323(a)(1)(D)” and inserting “section 5333(b)”. (h) Section 5319.— Section 5319 of such title is amended by striking “section 5307(k)” and inserting “section 5307(d)(1)(K)”. (i) Section 5320.— Section 5320 of such title is amended— (1) in subsection (a)(1)(A) by striking “intra—agency” and inserting “intraagency”; (2) in subsection (b)(5)(A) by striking “5302(a)(1)(A)” and inserting “5302(a)(1)”; (3) in subsection (d)(1) by inserting “to administer this section and” after “5338(b)(2)(J)”; (4) by adding at the end of subsection (d) the following: “(4) Transfers to land management agencies.— The Secretary may transfer amounts available under paragraph (1) to the appropriate Federal land management agency to pay necessary costs of the agency for such activities described in paragraph (1) in connection with activities being carried out under this section.” ; (5) in subsection (k)(3) by striking “subsection (d)(1)” and inserting “subsection (e)(1)”; (6) by redesignating subsections (a) through (m) as subsections (b) through (n), respectively; and (7) by inserting before subsection (b) (as so redesignated) the following: “(a) Program Name.— The program authorized by this section shall be known as the Paul S. Sarbanes Transit in Parks Program.” . (j) Section 5323.— Section 5323(n) of such 49 USC 5323. title is amended by striking “section 5336(e)(2)” and inserting “section 5336(d)(2)”. (k) Section 5325.— Section 5325(b) of such title is amended— (1) in paragraph (1) by inserting before the period at the end “adopted before August 10, 2005”; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (l) Section 5336.— (1) Apportionments of formula grants.— Section 5336 of such title is amended— (A) in subsection (a) by striking “Of the amount” and all that follows before paragraph (1) and inserting “Of the amount apportioned under subsection (i)(2) to carry out section 5307—”; (B) in subsection (d)(1) by striking “subsections (a) and (h)(2) of section 5338” and inserting “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338”; and (C) by redesignating subsection (c), as added by section 3034(c) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1628), as subsection (k). (2) Technical amendments.— Section 3034(d)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1629), is 49 USC 5336. amended by striking “paragraph (2)” and inserting “subsection (a)(2)”. (m) Section 5337.— Section 5337(a) of title 49, United States Code, is amended by striking “for each of fiscal years 1998 through 2003” and inserting “for each of fiscal years 2005 through 2009”. (n) Section 5338.— Section 5338(d)(1)(B) of such title is amended by striking “section 5315(a)(16)” and inserting “section 5315(b)(2)(P)”. (o) SAFETEA–LU.— (1) Section 3011.— Section 3011(f) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (119 Stat. 1589) is amended by adding to the end the following: “(5) Central Florida Commuter Rail Transit Project.” . (2) Section 3037.— Section 3037(c) of such Act (119 Stat. 1636) is amended— (A) in paragraph (3) by striking “Phase II”; and (B) by striking paragraph (10). (3) Section 3040.— Section 3040(4) of such Act (119 Stat. 1639) is amended by striking “$7,871,895,000” and inserting “$7,872,893,000”. (4) Section 3043.— (A) Portland, oregon.— Section 3043(b)(27) of such Act (119 Stat. 1642) is amended by inserting “/Milwaukie” after “Mall”. (B) Los angeles.— (i) Phase 1.— Section 3043(b)(13) of such Act (119 Stat. 1642) is amended to read as follows: “(13) Los Angeles—Exposition LRT (Phase 1).” . (ii) Phase 2.— Section 3043(c) of such Act (119 Stat. 1645) is amended by inserting after paragraph (104) the following: “(104A) Los Angeles—Exposition LRT (Phase 2).” . (C) San diego.— Section 3043(c)(105) of such Act (119 Stat. 1645) is amended by striking “LOSSAN Del Mar-San Diego—Rail Corridor Improvements” and inserting “LOSSAN Rail Corridor Improvements”. (D) San diego.— Section 3043(c)(217) of such Act (119 Stat. 1648) is amended by striking “San Diego” and inserting “San Diego Transit”. (E) Sacramento.— Section 3043(c)(204) of such Act (119 Stat. 647) is amended by striking “Downtown”. (F) Boston.— Section 3043(d)(6) of such Act (119 Stat. 1649) is amended to read as follows: “(6) Boston-Silver Line Phase III, $20,000,000.” . (G) Project construction grants.— Section 3043(e) of such Act (119 Stat. 1651) is amended by adding at the end the following: “(4) Project construction grants.— Projects recommended by the Secretary for a project construction grant agreement under section 5309(e) of title 49, United States Code, or for funding under section 5309(m)(2)(A)(i) of such title during fiscal year 2008 and fiscal year 2009 are authorized for preliminary engineering, final design, and construction for fiscal years 2007 through 2009 upon the completion of the notification process for each such project under section 5309(g)(5).” . (H) Los angeles and san gabriel valley.— Section 3043 of such Act (119 Stat. 1640) is amended by adding at the end the following: “(k) Los Angeles Extension.— In evaluating the local share of the project authorized by subsection (c)(104A) in the new starts rating process, the Secretary shall give consideration to project elements of the project authorized by subsection (b)(13) advanced with 100 percent non-Federal funds. “(l) San Gabriel Valley––Gold Line Foothill Extension Phase II.— In evaluating the local share of the San Gabriel Valley––Gold Line Foothill Extension Phase II project authorized by subsection (b)(33) in the new starts rating process, the Secretary shall give consideration to project elements of the San Gabriel Valley––Gold Line Foothill Extension Phase I project advanced with 100 percent non-Federal funds.” . (5) Section 3044.— (A) Projects.— The table contained in section 3044(a) of such Act (119 Stat. 1652) is amended— (i) in item 25— (I) by striking “$217,360” and inserting “$167,360”; and (II) by striking “$225,720” and inserting “$175,720”; (ii) in item number 36 by striking the project description and inserting “Los Angeles County Metropolitan Transportation Authority (LACMTA) for bus and bus-related facilities in the LACMTA’s service area”; (iii) in item number 71 by inserting “Metropolitan Bus Authority” after “Puerto Rico”; (iv) in item number 84 by striking the project description and inserting “Improvements to the existing Sacramento Intermodal Facility (Sacramento Valley Station)”; (v) in item number 94 by striking the project description and inserting “Pacific Transit, WA Vehicle Replacement”; (vi) in item number 120 by striking “Dayton Airport Intermodal Rail Feasibility Study” and inserting “Greater Dayton Regional Transit Authority buses and bus facilities”; (vii) in item number 152 by inserting “Metropolitan Bus Authority” after “Puerto Rico”; (viii) in item number 416 by striking “Improve marine intermodal” and inserting “Improve marine dry-dock and”; (ix) in item number 457— (I) by striking “$65,000” and inserting “$0”; and (II) by striking “$67,500” and inserting “$0”; and (x) in item number 458— (I) by striking “$65,000” and inserting “$130,000”; (II) by striking “$67,500” and inserting “$135,000”; and (xi) in item number 57 by striking the project description and inserting “Wilmington, NC, maintenance and operations facilities and administration and transfer facilities”; (xii) in item number 460 by striking the matters in the project description, FY08 column, and FY09 column and inserting “460. Mid-Region Council of Governments, New Mexico, public transportation buses, bus-related equipment and facilities, and intermodal terminals in Albuquerque and Santa Fe”, “$500,000”, and “$500,000”, respectively. (xiii) in item number 138 by striking “Design” and inserting “Determine scope, engineering, design,”; (xiv) in item number 23 by striking “Construct” and inserting “Design, engineering, right-of-way acquisition, and construction”; (xv) in item number 439 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”; (xvi) in item number 453 by inserting before “Central” the following: “Design, engineering, right-of-way acquisition, and construction”; (xvii) in item number 371 by striking the project description and inserting “Regional Transportation Commission of Southern Nevada, Sunset Bus Maintenance Facility”; (xviii) in item number 487 by striking “Central Arkansas Transit Authority Facility Upgrades” and inserting “Central Arkansas Transit Authority Bus Acquisition”; (xix) in item number 491 by striking the project description and inserting “Pace, IL, Cermak Road, Bus Rapid Transit, and related bus projects, and alternatives analysis”; (xx) in item number 512 by striking “Corning, NY, Phase II Corning Preserve Transportation Enhancement Project” and inserting “Transportation Center Enhancements, Corning, NY”; (xxi) in item number 534 by striking “Community Buses” and inserting “Bus and Bus Facilities”; (xxii) in item number 570 by striking “Maine Department of Transportation-Acadia Intermodal Facility” and inserting “MaineDOT Acadia Intermodal Passenger and Maintenance Facility”; (xxiii) in item number 80 by striking the project description and amounts and inserting “Flagler County, Florida–buses and bus facility”, “$57,684”, “$60,192”, “$65,208”, and “$67,716” respectively; (xxiv) in item number 135 by striking the project description and inserting “Pace Suburban Bus, IL–Purchase Vehicles”; (xxv) in item number 276 by striking the project description and amounts and inserting “Long Beach Transit, Long Beach, California, for the purchase of transit vehicles and enhancement of para-transit and senior transportation services”, “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and (xxvi) by adding at the end— (I) (aa) in the project description column “666. New York City, NY, rehabilitation of subway stations to include passenger access improvements including escalators or installation of infrastructure for security and surveillance purposes”; and (bb) in the FY08 column and the FY09 column “$50,000”; (II) (aa) in the project description column “667. St. Johns County Council on Aging buses and bus facilities, Florida”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$57,684”, “$60,192”, “$65,208”, and “$67,716”, respectively; (III) (aa) in the project description column “668. The City of Compton, California, for the replacement of buses and paratransit vehicles”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$128,180”, “$133,760”, “$144,906”, and “$150,480”, respectively; and (IV) (aa) in the project description column “669. City of Los Angeles, California, for the purchase of transit vehicles in Watts and enhancement of paratransit and senior transportation services”; and (bb) in the FY06, FY07, FY08, and FY09 columns “$128,200”, “$133,760”, “$144,908”, and “$150,480”, respectively. (B) Special rule.— Section 3044(c) of such Act (119 Stat. 1705) is amended— (i) by inserting “, or other entity,” after “State or local governmental authority”; and (ii) by striking “projects numbered 258 and 347” and inserting “projects numbered 258, 347, and 411”; and (iii) by striking the period at the end and inserting: “, and funds made available for fiscal year 2006 for the bus and bus-related facilities projects numbered 176 and 652 under subsection (a) shall remain available until September 30, 2009.”. (6) Section 3046.— Section 3046(a)(7) of 49 USC 5338 note. such Act (119 Stat. 1708) is amended— (A) by striking “hydrogen fuel cell vehicles” and inserting “hydrogen fueled vehicles”; (B) by striking “hydrogen fuel cell employee shuttle vans” and inserting “hydrogen fueled employee shuttle vans”; and (C) by striking “in Allentown, Pennsylvania” and inserting “to the DaVinci Center in Allentown, Pennsylvania”. (7) Section 3050.— Section 3050(b) of such Act (119 Stat. 1713) is amended by inserting “by negotiating the extension of the existing agreement between mile post 191.13 and mile post 185.1 to mile post 165.9 in Rhode Island” before the period at the end. (p) Transit Tunnels.— In 49 USC 5309 note. carrying out section 5309(d)(3)(D) of title 49, United States Code, the Secretary of Transportation shall specifically analyze, evaluate, and consider— (1) the congestion relief, improved mobility, and other benefits of transit tunnels in those projects which include a transit tunnel; and (2) the associated ancillary and mitigation costs necessary to relieve congestion, improve mobility, and decrease air and noise pollution in those projects which do not include a transit tunnel, but where a transit tunnel was one of the alternatives analyzed. (q) Knoxville, Tennessee, Property Acquisition.— The acquisition of property for the city of Knoxville, Tennessee, for the Knoxville, Tennessee, Central Station project shall be deemed to qualify as an acquisition of land for protective purposes pursuant to section 622.101 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act. The Secretary of Transportation may allow the costs of such acquisition to be credited toward the non-Federal share for the project. (r) California Transit Services.— The Secretary of Transportation shall use not more than $3,000,000 of the funds made available for use at the discretion of the Secretary for fiscal year 2007 for Federal Transit Administration Discretionary Programs, Bus and Bus Facilities to reimburse the California State department of transportation for actual and necessary costs of maintenance and operation, less the amount of fares earned, for additional public transportation services that were provided by the department of transportation as a temporary substitute for highway traffic service following the freeway collapse at the interchange connecting Interstate Routes 80, 580, and 880 near the San Francisco-Oakland Bay Bridge, on April 29, 2007, until the reopening of that facility on June 29, 2007. The Federal share of the cost of activities reimbursed under this subsection shall be 100 percent.
2012
Federal Public Transportation Act of 2012
Pub. L. 112–141 div. B § 20026 · 126 Stat. 405
Amended · 49 U.S.C. § 5336
Pub. L. 112–141 amended section generally. Prior to amendment, section related to apportionment of appropriations for formula grants and consisted of subsecs. (a) to (k)
Source evidence
Code amendment note
Pub. L. 112–141 amended section generally. Prior to amendment, section related to apportionment of appropriations for formula grants and consisted of subsecs. (a) to (k).
Enacted provision · exact public law section
SEC. 20026. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS. Section 5336 of title 49, United States Code, is amended to read as follows: “§ 5336. Apportionment of appropriations for formula grants “(a) Based on Urbanized Area Population.— Of the amount apportioned under subsection (h)(4) to carry out section 5307— “(1) 9.32 percent shall be apportioned each fiscal year only in urbanized areas with a population of less than 200,000 so that each of those areas is entitled to receive an amount equal to— “(A) 50 percent of the total amount apportioned multiplied by a ratio equal to the population of the area divided by the total population of all urbanized areas with populations of less than 200,000 as shown in the most recent decennial census; and “(B) 50 percent of the total amount apportioned multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile; and “(2) 90.68 percent shall be apportioned each fiscal year only in urbanized areas with populations of at least 200,000 as provided in subsections (b) and (c) of this section. “(b) Based on Fixed Guideway Vehicle Revenue Miles, Directional Route Miles, and Passenger Miles.— (1) In this subsection, ‘fixed guideway vehicle revenue miles’ and ‘fixed guideway directional route miles’ include passenger ferry operations directly or under contract by the designated recipient. “(2) Of the amount apportioned under subsection (a)(2) of this section, 33.29 percent shall be apportioned as follows: “(A) 95.61 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to— “(i) 60 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attributable to all areas; and “(ii) 40 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway directional route miles attributable to the area, established by the Secretary, divided by the total number of all fixed guideway directional route miles attributable to all areas. An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph. “(B) 4.39 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to— “(i) the number of fixed guideway vehicle passenger miles traveled multiplied by the number of fixed guideway vehicle passenger miles traveled for each dollar of operating cost in an area; divided by “(ii) the total number of fixed guideway vehicle passenger miles traveled multiplied by the total number of fixed guideway vehicle passenger miles traveled for each dollar of operating cost in all areas. An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph. “(C) Under subparagraph (A) of this paragraph, fixed guideway vehicle revenue or directional route miles, and passengers served on those miles, in an urbanized area with a population of less than 200,000, where the miles and passengers served otherwise would be attributable to an urbanized area with a population of at least 1,000,000 in an adjacent State, are attributable to the governmental authority in the State in which the urbanized area with a population of less than 200,000 is located. The authority is deemed an urbanized area with a population of at least 200,000 if the authority makes a contract for the service. “(D) A recipient’s apportionment under subparagraph (A)(i) of this paragraph may not be reduced if the recipient, after satisfying the Secretary that energy or operating efficiencies would be achieved, reduces vehicle revenue miles but provides the same frequency of revenue service to the same number of riders. “(E) For purposes of subparagraph (A) and section 5337(c)(3), the Secretary shall deem to be attributable to an urbanized area not less than 22.27 percent of the fixed guideway vehicle revenue miles or fixed guideway directional route miles in the public transportation system of a recipient that are located outside the urbanized area for which the recipient receives funds, in addition to the fixed guideway vehicle revenue miles or fixed guideway directional route miles of the recipient that are located inside the urbanized area. “(c) Based on Bus Vehicle Revenue Miles and Passenger Miles.— Of the amount apportioned under subsection (a)(2) of this section, 66.71 percent shall be apportioned as follows: “(1) 90.8 percent of the total amount apportioned under this subsection shall be apportioned as follows: “(A) 73.39 percent of the 90.8 percent apportioned under this paragraph shall be apportioned so that each urbanized area with a population of at least 1,000,000 is entitled to receive an amount equal to— “(i) 50 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas; “(ii) 25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown in the most recent decennial census; and “(iii) 25 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile. “(B) 26.61 percent of the 90.8 percent apportioned under this paragraph shall be apportioned so that each urbanized area with a population of at least 200,000 but not more than 999,999 is entitled to receive an amount equal to— “(i) 50 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas; “(ii) 25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the population of the area divided by the total population of all areas, as shown by the most recent decennial census; and “(iii) 25 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile. “(2) 9.2 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to— “(A) the number of bus passenger miles traveled multiplied by the number of bus passenger miles traveled for each dollar of operating cost in an area; divided by “(B) the total number of bus passenger miles traveled multiplied by the total number of bus passenger miles traveled for each dollar of operating cost in all areas. “(d) Date of Apportionment.— The Secretary shall— “(1) apportion amounts appropriated under section 5338(a)(2)(C) of this title to carry out section 5307 of this title not later than the 10th day after the date the amounts are appropriated or October 1 of the fiscal year for which the amounts are appropriated, whichever is later; and “(2) Publication. publish apportionments of the amounts, including amounts attributable to each urbanized area with a population of more than 50,000 and amounts attributable to each State of a multistate urbanized area, on the apportionment date. “(e) Amounts Not Apportioned to Designated Recipients.— The Governor of a State may expend in an urbanized area with a population of less than 200,000 an amount apportioned under this section that is not apportioned to a designated recipient, as defined in section 5302(4). “(f) Transfers of Apportionments.— (1) The Governor of a State may transfer any part of the State’s apportionment under subsection (a)(1) of this section to supplement amounts apportioned to the State under section 5311(c)(3). Consultation. The Governor may make a transfer only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was apportioned under this section. “(2) The Governor of a State may transfer any part of the State’s apportionment under section 5311(c)(3) to supplement amounts apportioned to the State under subsection (a)(1) of this section. “(3) Time period. The Governor of a State may use throughout the State amounts of a State’s apportionment remaining available for obligation at the beginning of the 90-day period before the period of the availability of the amounts expires. “(4) A designated recipient for an urbanized area with a population of at least 200,000 may transfer a part of its apportionment under this section to the Governor of a State. The Governor shall distribute the transferred amounts to urbanized areas under this section. “(5) Applicability. Capital and operating assistance limitations applicable to the original apportionment apply to amounts transferred under this subsection. “(g) Period of Availability to Recipients.— An amount apportioned under this section may be obligated by the recipient for 5 years after the fiscal year in which the amount is apportioned. Not later than 30 Deadline. days after the end of the 5-year period, an amount that is not obligated at the end of that period shall be added to the amount that may be apportioned under this section in the next fiscal year. “(h) Apportionments.— Of the amounts made available for each fiscal year under section 5338(a)(2)(C)— “(1) $30,000,000 shall be set aside to carry out section 5307(h); “(2) 3.07 percent shall be apportioned to urbanized areas in accordance with subsection (j); “(3) of amounts not apportioned under paragraphs (1) and (2), 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); “(4) 0.5 percent shall be apportioned to eligible States for State safety oversight program grants in accordance with section 5329(e)(6); and “(5) any amount not apportioned under paragraphs (1), (2), (3), and (4) shall be apportioned to urbanized areas in accordance with subsections (a) through (c). “(i) Small Transit Intensive Cities Formula.— “(1) Definitions.— In this subsection, the following definitions apply: “(A) Eligible area.— The term ‘eligible area’ means an urbanized area with a population of less than 200,000 that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population of at least 200,000 but not more than 999,999, as determined by the Secretary in accordance with subsection (c)(2). “(B) Performance category.— The term ‘performance category’ means each of the following: “(i) Passenger miles traveled per vehicle revenue mile. “(ii) Passenger miles traveled per vehicle revenue hour. “(iii) Vehicle revenue miles per capita. “(iv) Vehicle revenue hours per capita. “(v) Passenger miles traveled per capita. “(vi) Passengers per capita. “(2) Apportionment.— “(A) Apportionment formula.— The amount to be apportioned under subsection (h)(3) shall be apportioned among eligible areas in the ratio that— “(i) the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to “(ii) the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999. “(B) Data used in formula.— The Secretary shall calculate apportionments under this subsection for a fiscal year using data from the national transit database used to calculate apportionments for that fiscal year under this section. “(j) Apportionment Formula.— The amounts apportioned under subsection (h)(2) shall be apportioned among urbanized areas as follows: “(1) 75 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more in the ratio that— “(A) the number of eligible low-income individuals in each such urbanized area; bears to “(B) the number of eligible low-income individuals in all such urbanized areas. “(2) 25 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of less than 200,000 in the ratio that— “(A) the number of eligible low-income individuals in each such urbanized area; bears to “(B) the number of eligible low-income individuals in all such urbanized areas.” .
2014
Highway and Transportation Funding Act of 2014
Pub. L. 113–159 title I § 1202 · 128 Stat. 1839
Inserted · 49 U.S.C. § 5336(h)(1)
Pub. L. 113–159 inserted “for each fiscal year ending before October 1, 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be set aside”
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 113–159 inserted “for each fiscal year ending before October 1, 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be set aside”.
Enacted provision · exact public law section
SEC. 1202. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS. Section 5336(h)(1) of title 49, United States Code, is amended by inserting “for each fiscal year ending before October 1, 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be set aside”.
2015
Highway and Transportation Funding Act of 2015
Pub. L. 114–21 title I § 1202 · 129 Stat. 218
Substituted · 49 U.S.C. § 5336(h)(1)
Pub. L. 114–21 substituted “and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $19,972,603 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 substituted “and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.
Enacted provision · exact public law section
SEC. 1202. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS. Section 5336(h)(1) of title 49, United States Code, is amended by striking “and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,” and inserting “and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
2015
Surface Transportation and Veterans Health Care Choice Improvement Act of 2015
Pub. L. 114–41 title I § 1202 · 129 Stat. 443
Substituted · 49 U.S.C. § 5336(h)(1)
Pub. L. 114–41 substituted “for each fiscal year ending before October 1, 2015, and $2,377,049 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 $24,986,301 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 substituted “for each fiscal year ending before October 1, 2015, and $2,377,049 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 $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.
Enacted provision · exact public law section
SEC. 1202. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS. Section 5336(h)(1) of title 49, United States Code, is amended by striking “for each fiscal year ending before October 1, 2014, and $24,986,301 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 $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
2015
Surface Transportation Extension Act of 2015
Pub. L. 114–73 title I § 1202 · 129 Stat. 568
Substituted · 49 U.S.C. § 5336(h)(1)
Pub. L. 114–73 substituted “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $2,377,049 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 substituted “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.
Enacted provision · exact public law section
SEC. 1202. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS. Section 5336(h)(1) of title 49, United States Code, is amended by striking “and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,” and inserting “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
2015
Surface Transportation Extension Act of 2015, Part II
Pub. L. 114–87 title I § 1202 · 129 Stat. 677
Substituted · 49 U.S.C. § 5336(h)(1)
Pub. L. 114–87 substituted “and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $4,180,328 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 substituted “and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.
Enacted provision · exact public law section
SEC. 1202. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS. Section 5336(h)(1) of title 49, United States Code, is amended by striking “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,” and inserting “and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015,”.
2015
Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3014(1) · 129 Stat. 1312
Substituted · 49 U.S.C. § 5336(a)
Pub. L. 114–94, § 3014(1), substituted “subsection (h)(5)” for “subsection (h)(4)” in introductory provisions
Source evidence
Code amendment note
Subsec. (a). Pub. L. 114–94, § 3014(1), substituted “subsection (h)(5)” for “subsection (h)(4)” in introductory provisions.
Enacted provision · exact public law section
(1) in subsection (a) in the matter preceding paragraph (1) by striking “subsection (h)(4)” and inserting “subsection (h)(5)”;
2015
Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3014(2) · 129 Stat. 1312
Substituted · 49 U.S.C. § 5336(b)(2)(E)
Pub. L. 114–94, § 3014(2), substituted “27 percent” for “22.27 percent”
Source evidence
Code amendment note
Subsec. (b)(2)(E). Pub. L. 114–94, § 3014(2), substituted “27 percent” for “22.27 percent”.
Enacted provision · exact public law section
(2) in subsection (b)(2)(E) by striking “22.27 percent” and inserting “27 percent”; and
2015
Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3014(3)(A) · 129 Stat. 1312
1. Added · 49 U.S.C. § 5336(h)(1)
  Pub. L. 114–94, § 3014(3)(A), added par. (1)
2. Struck · 49 U.S.C. § 5336(h)(1)
  Pub. L. 114–94, § 3014(3)(A), struck out former par. (1), which read as follows: “$30,000,000 for each fiscal year ending before October 1, 2015, and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be set aside to carry out section 5307(h);”
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 114–94, § 3014(3)(A), added par. (1) and struck out former par. (1), which read as follows: “$30,000,000 for each fiscal year ending before October 1, 2015, and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be set aside to carry out section 5307(h);”.
Enacted provision · exact public law section
(A) by striking paragraph (1) and inserting the following: “(1) $30,000,000 shall be set aside each fiscal year to carry out section 5307(h);” ; and
2015
Federal Public Transportation Act of 2015
Pub. L. 114–94 § 3014(3)(B) · 129 Stat. 1312
1. Added · 49 U.S.C. § 5336(h)(3)
  Pub. L. 114–94, § 3014(3)(B), added par. (3)
2. Struck · 49 U.S.C. § 5336(h)(3)
  Pub. L. 114–94, § 3014(3)(B), struck out former par. (3), which read as follows: “of amounts not apportioned under paragraphs (1) and (2), 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);”
Source evidence
Code amendment note
Subsec. (h)(3). Pub. L. 114–94, § 3014(3)(B), added par. (3) and struck out former par. (3), which read as follows: “of amounts not apportioned under paragraphs (1) and (2), 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);”.
Enacted provision · exact public law section
(B) by striking paragraph (3) and inserting the following: “(3) of amounts not apportioned under paragraphs (1) and (2)— “(A) for fiscal years 2016 through 2018, 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); and “(B) for fiscal years 2019 and 2020, 2 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);” .
2021
Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 30001(b)(3) · 135 Stat. 429
Struck · 49 U.S.C. § 5336(e)
Pub. L. 117–58, § 30001(b)(3), struck out “, as defined in section 5302(4)” after “designated recipient”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 117–58, § 30001(b)(3), struck out “, as defined in section 5302(4)” after “designated recipient”.
Enacted provision · exact public law section
(3) Section 5336(e) of title 49, United States Code, is amended by striking “, as defined in section 5302(4)”.
Effective date note
Pub. L. 117–58, div. C, § 30015(b)(2), Nov. 15, 2021, 135 Stat. 910, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to fiscal year 2022 and each fiscal year thereafter.”
2021
Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 30015(a) · 135 Stat. 429
Substituted · 49 U.S.C. § 5336(h)(3)
Pub. L. 117–58, § 30015(a), substituted “paragraphs (1) and (2), 3 percent” for “paragraphs (1) and (2)—
Source evidence
Code amendment note
Subsec. (h)(3). Pub. L. 117–58, § 30015(a), substituted “paragraphs (1) and (2), 3 percent” for “paragraphs (1) and (2)—
“(A) for fiscal years 2016 through 2018, 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); and “(B) for fiscal years 2019 and 2020, 2 percent”.
Enacted provision · exact public law section
(a) Small Urbanized Areas.— Section 5336(h)(3) of title 49, United States Code, is amended by striking “paragraphs (1) and (2)” and all that follows through “2 percent” in subparagraph (B) and inserting “paragraphs (1) and (2), 3 percent”.
Effective date note
Pub. L. 117–58, div. C, § 30015(b)(2), Nov. 15, 2021, 135 Stat. 910, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to fiscal year 2022 and each fiscal year thereafter.”
2021
Infrastructure Investment and Jobs Act
Pub. L. 117–58 § 30015(b)(1) · 135 Stat. 429
Substituted · 49 U.S.C. § 5336(h)(4)
Pub. L. 117–58, § 30015(b)(1), substituted “0.75 percent” for “0.5 percent”
Source evidence
Code amendment note
Subsec. (h)(4). Pub. L. 117–58, § 30015(b)(1), substituted “0.75 percent” for “0.5 percent”.
Enacted provision · exact public law section
(1) In general.— Section 5336(h)(4) of title 49, United States Code, is amended by striking “0.5 percent” and inserting “0.75 percent”.
Effective date note
Pub. L. 117–58, div. C, § 30015(b)(2), Nov. 15, 2021, 135 Stat. 910, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to fiscal year 2022 and each fiscal year thereafter.”

45 of 45 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
Pub. L. 103–272
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
5336(a)(1)	49 App.:1607a(a)(1).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(a); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2141; Apr. 2, 1987, Pub. L. 100–17, § 327(b), 101 Stat. 238; Dec. 18, 1991, Pub. L. 102–240, § 3013(a), 105 Stat. 2106.
	49 App.:1607a(d).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(b)(1)–(3), (c)–(e)(1), (m)(2); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2141, 2147; Apr. 2, 1987, Pub. L. 100–17, § 327(b), 101 Stat. 238.
5336(a)(2)	49 App.:1607a(a)(2).
5336(b)(1)	49 App.:1607a(b)(2) (last sentence).
5336(b)(2)(A)	49 App.:1607a(b)(1), (2) (1st sentence).
5336(b)(2)(B)	49 App.:1607a(b)(3) (1st sentence).
5336(b)(2)(C)	49 App.:1607a(b)(2) (2d sentence), (3) (last sentence).
5336(b)(2)(D)	49 App.:1607a(b)(2) (3d sentence).
5336(b)(2)(E)	49 App.:1607a(b)(4).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(b)(4); added Dec. 18, 1991, Pub. L. 102–240, § 3013(b), 105 Stat. 2106.
5336(c)(1)	49 App.:1607a(c)(1), (2), (d) (last sentence).
5336(c)(2)	49 App.:1607a(c)(3).
5336(d)(1)	49 App.:1607a (k)(2)(A).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(k)(2)(A); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2145; Apr. 2, 1987, Pub. L. 100–17, §§ 312(c)(1), (2), 327(b), 101 Stat. 228, 238.
5336(d)(2)	49 App.:1607a (k)(2)(B).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(k)(2)(B); added Apr. 2, 1987, Pub. L. 100–17, § 312(c)(3), 101 Stat. 228; Dec. 18, 1991, Pub. L. 102–240, § 3013(i), 105 Stat. 2107.
	49 App.:1607a (k)(2)(C).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(k)(2)(C); added Apr. 2, 1987, Pub. L. 100–17, § 312(c)(3), 101 Stat. 228.
5336(e)	49 App.:1607a(q).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(q); added Apr. 2, 1987, Pub. L. 100–17, § 312(e), 101 Stat. 229.
5336(f)	49 App.:1607a(m)(2).
5336(g)	49 App.:1607a(n).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(n); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2147; Apr. 2, 1987, Pub. L. 100–17, §§ 312(d), 327(b), 101 Stat. 229, 238.
5336(h)	49 App.:1607a(t).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(t); added Dec. 18, 1991, Pub. L. 102–240, § 3013(k), 105 Stat. 2108.
5336(i)	49 App.:1607a(o).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(o); added Jan. 6, 1983, Pub. L. 97–424, § 303, 96 Stat. 2147; Apr. 2, 1987, Pub. L. 100–17, §§ 311, 327(b), 101 Stat. 228, 238.
5336(j)	49 App.:1607a(e)(1).
5336(k)	49 App.:1607a(s).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 9(s); added Dec. 18, 1991, Pub. L. 102–240, § 3013(j), 105 Stat. 2108.

In this section, the word “apportioned” is substituted for “available”, “shall be available for expenditure”, “made available”, and “made available for expenditure” for clarity and consistency in this chapter.

In subsection (a)(1), before subclause (A), the words “the sum of” are omitted as surplus.

In subsection (b)(2)(D), the word “provided” is omitted as surplus. The words “is deemed” are substituted for “as if . . . were” for consistency in the revised title and with other titles of the United States Code. The words “directly or indirectly” are omitted as surplus.

In subsection (c)(1)(B), before clause (i), the words “of at least 200,000” are added for clarity.

In subsection (d)(1)(D), the words “Notwithstanding the preceding sentence” and “each fiscal year” are omitted as surplus.

In subsection (d)(2), the words “Beginning on October 1, 1991” are omitted as executed. The words “paragraph (1) of this subsection” are substituted for “under this section that may be used for operating assistance by urbanized areas” to eliminate unnecessary words. The words “(if any)” are omitted as surplus. The words “Secretary of Labor” are substituted for “Department of Labor” because of 29:551. The text of 49 App.:1607a(k)(2)(B) (2d sentence) is omitted as executed. The text of 49 App.:1607a(k)(2)(B) (last sentence) is omitted as surplus.

In subsection (e)(1), the words “under section 5338(f) of this title” are added for clarity. The words “in accordance with the provisions of this section” are omitted as surplus.

In subsection (e)(2), the words “established by the preceding sentence” are omitted as surplus.

In subsection (g)(1) and (2), the word “part” is substituted for “amount” for clarity.

In subsection (g)(4), the words “including areas of 200,000 or more population” are omitted as surplus.

In subsection (h), the words “in each fiscal year beginning after September 30, 1991” are omitted as obsolete.

In subsection (i), the words “the close of” are omitted as surplus.

In subsection (j), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The words “condition, limitation, or other” and “for programs of projects” are omitted as surplus.

In subsection (k), the text of 49 App.:1607a(s)(1) is omitted as obsolete.

Pub. L. 104–287

This amends 49:5336(b)(2) to clarify the restatement of 49 App.:1607a(b) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 840).

Editorial Notes

References in Text

Section 5311(c)(3), referred to in subsec. (f)(1), (2), was redesignated section 5311(c)(4) by Pub. L. 117–58, div. C, § 30006(1)(A), Nov. 15, 2021, 135 Stat. 900.

Amendments1996–2021 · 8 rounds

2021

Subsec. (e). Pub. L. 117–58, § 30001(b)(3), struck out “, as defined in section 5302(4)” after “designated recipient”.

Subsec. (h)(3). Pub. L. 117–58, § 30015(a), substituted “paragraphs (1) and (2), 3 percent” for “paragraphs (1) and (2)—

“(A) for fiscal years 2016 through 2018, 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); and

“(B) for fiscal years 2019 and 2020, 2 percent”.

Subsec. (h)(4). Pub. L. 117–58, § 30015(b)(1), substituted “0.75 percent” for “0.5 percent”.

2015

Subsec. (a). Pub. L. 114–94, § 3014(1), substituted “subsection (h)(5)” for “subsection (h)(4)” in introductory provisions.

Subsec. (b)(2)(E). Pub. L. 114–94, § 3014(2), substituted “27 percent” for “22.27 percent”.

Subsec. (h)(1). Pub. L. 114–94, § 3014(3)(A), added par. (1) and struck out former par. (1), which read as follows: “$30,000,000 for each fiscal year ending before October 1, 2015, and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be set aside to carry out section 5307(h);”.

Pub. L. 114–87 substituted “and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.

Pub. L. 114–73 substituted “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.

Pub. L. 114–41 substituted “for each fiscal year ending before October 1, 2015, and $2,377,049 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 $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.

Pub. L. 114–21 substituted “and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.

Subsec. (h)(3). Pub. L. 114–94, § 3014(3)(B), added par. (3) and struck out former par. (3), which read as follows: “of amounts not apportioned under paragraphs (1) and (2), 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);”.

2014

Subsec. (h)(1). Pub. L. 113–159 inserted “for each fiscal year ending before October 1, 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be set aside”.

2012

Pub. L. 112–141 amended section generally. Prior to amendment, section related to apportionment of appropriations for formula grants and consisted of subsecs. (a) to (k).

2008

Subsec. (a). Pub. L. 110–244, § 201(l)(1)(A), in introductory provisions, substituted “Of the amount apportioned under subsection (i)(2) to carry out section 5307—” for “Of the amount apportioned under subsection (i)(2)—”.

Subsec. (a)(2). Pub. L. 110–244, § 201(l)(2), amended Pub. L. 109–59, § 3034(d)(2). See 2005 Amendment note below.

Subsec. (c). Pub. L. 110–244, § 201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).

Subsec. (d)(1). Pub. L. 110–244, § 201(l)(1)(B), substituted “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338” for “subsections (a) and (h)(2) of section 5338”.

Subsec. (k). Pub. L. 110–244, § 201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).

2005

Subsec. (a). Pub. L. 109–59, § 3034(d)(1), which directed amendment of subsec. (a) by substituting “to carry out section 5307” for “of this title”, could not be executed because of prior amendment by Pub. L. 109–59, § 3034(a)(4). See below.

Pub. L. 109–59, § 3034(a)(4), substituted “Of the amount apportioned under subsection (i)(2)” for “Of the amount made available or appropriated under section 5338(a) of this title” in introductory provisions.

Subsec. (a)(2). Pub. L. 109–59, § 3034(d)(2), as amended by Pub. L. 110–244, § 201(l)(2), inserted before period at end “, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations”.

Subsec. (b)(1). Pub. L. 109–59, § 3034(d)(3), inserted “and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations” before period at end.

Subsec. (c). Pub. L. 109–59, § 3034(c), added at end of section subsec. (c) relating to study on incentives in formula programs.

Subsecs. (d) to (f). Pub. L. 109–59, § 3034(a)(1), (2), redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: “[Reserved.]”.

Subsec. (g). Pub. L. 109–59, § 3034(a)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (f).

Subsec. (g)(1). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.

Subsec. (h). Pub. L. 109–59, § 3034(d)(4), substituted “a grant made with funds apportioned under” for “a grant made under” in two places.

Pub. L. 109–59, § 3034(a)(1), (2), redesignated subsec. (j) as (h) and struck out heading and text of former subsec. (h). Text read as follows: “If sufficient amounts are available, the Secretary of Transportation shall change apportionments under this section between the Mass Transit Account of the Highway Trust Fund and the general fund to ensure that each recipient receives from the general fund at least as much operating assistance made available each fiscal year under this section as the recipient is eligible to receive.”

Subsec. (i). Pub. L. 109–59, § 3034(a)(3), added subsec. (i). Former subsec. (i) redesignated (g).

Subsec. (j). Pub. L. 109–59, § 3034(b), added subsec. (j). Former subsec. (j) redesignated (h).

Subsec. (k). Pub. L. 109–59, § 3034(a)(1), struck out heading and text of subsec. (k). Text read as follows: “An area designated an urbanized area under the 1980 census and not designated an urbanized area under the 1990 census for the fiscal year ending September 30, 1993, is eligible to receive—

“(1) 50 percent of the amount the area would have received if the area had been an urbanized area as defined by section 5302(a)(13) of this title; and

“(2) an amount equal to 50 percent of the amount that the State in which the area is located would have received if the area had been an area other than an urbanized area.”

1998

Pub. L. 105–178, § 3027(a), substituted “formula grants” for “block grants” in section catchline.

Subsec. (a). Pub. L. 105–178, § 3029(b)(10), substituted “5338(a) of this title” for “5338(f) of this title” in introductory provisions.

Subsec. (d). Pub. L. 105–178, § 3027(b), amended subsec. (d) generally, substituting “[Reserved.]” for former provisions relating to operating assistance.

Subsec. (e)(1). Pub. L. 105–178, § 3029(b)(11), substituted “subsections (a) and (h)(2) of section 5338” for “section 5338(f)”.

1996

Subsec. (b)(2)(A), (B). Pub. L. 104–287, § 5(19)(A), inserted at end “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subparagraph.”

Subsec. (b)(2)(C) to (E). Pub. L. 104–287, § 5(19)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C) which read as follows: “An urbanized area with a population of at least 750,000 in which commuter rail transportation is provided shall receive at least .75 percent of the total amount apportioned under this subsection.”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–58, div. C, § 30015(b)(2), Nov. 15, 2021, 135 Stat. 910, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to fiscal year 2022 and each fiscal year thereafter.”

Effective Date of 2015 Amendment

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.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 2008 Amendment

Amendment by section 201(l)(2) of Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Urbanized Area Formula Study

Pub. L. 105–178, title III, § 3033, June 9, 1998, 112 Stat. 386, required the Secretary of Transportation to conduct a study on the success of the formula used to apportion funds to urbanized areas and to submit a report no later than Dec. 31, 1999.

Credits

1994–2021 · 13 acts

1994Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 840
1996Pub. L. 104–287, § 5(19), Oct. 11, 1996, 110 Stat. 3390
1998Pub. L. 105–178, title III, §§ 3027(a), (b), 3029(b)(10), (11), June 9, 1998, 112 Stat. 366, 373
2005Pub. L. 109–59, title III, §§ 3002(b)(4), 3034, Aug. 10, 2005, 119 Stat. 1545, 1627
2008Pub. L. 110–244, title II, § 201(l), June 6, 2008, 122 Stat. 1611
2012Pub. L. 112–141, div. B, § 20026, July 6, 2012, 126 Stat. 719
2014Pub. L. 113–159, title I, § 1202, Aug. 8, 2014, 128 Stat. 1845
2015Pub. L. 114–21, title I, § 1202, May 29, 2015, 129 Stat. 223
2015Pub. L. 114–41, title I, § 1202, July 31, 2015, 129 Stat. 450
2015Pub. L. 114–73, title I, § 1202, Oct. 29, 2015, 129 Stat. 573
2015Pub. L. 114–87, title I, § 1202, Nov. 20, 2015, 129 Stat. 682
2015Pub. L. 114–94, div. A, title III, § 3014, Dec. 4, 2015, 129 Stat. 1478
2021Pub. L. 117–58, div. C, §§ 30001(b)(3), 30015(a), (b)(1), Nov. 15, 2021, 135 Stat. 890, 910.

Show as published

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 840; Pub. L. 104–287, § 5(19), Oct. 11, 1996, 110 Stat. 3390; Pub. L. 105–178, title III, §§ 3027(a), (b), 3029(b)(10), (11), June 9, 1998, 112 Stat. 366, 373; Pub. L. 109–59, title III, §§ 3002(b)(4), 3034, Aug. 10, 2005, 119 Stat. 1545, 1627; Pub. L. 110–244, title II, § 201(l), June 6, 2008, 122 Stat. 1611; Pub. L. 112–141, div. B, § 20026, July 6, 2012, 126 Stat. 719; Pub. L. 113–159, title I, § 1202, Aug. 8, 2014, 128 Stat. 1845; Pub. L. 114–21, title I, § 1202, May 29, 2015, 129 Stat. 223; Pub. L. 114–41, title I, § 1202, July 31, 2015, 129 Stat. 450; Pub. L. 114–73, title I, § 1202, Oct. 29, 2015, 129 Stat. 573; Pub. L. 114–87, title I, § 1202, Nov. 20, 2015, 129 Stat. 682; Pub. L. 114–94, div. A, title III, § 3014, Dec. 4, 2015, 129 Stat. 1478; Pub. L. 117–58, div. C, §§ 30001(b)(3), 30015(a), (b)(1), Nov. 15, 2021, 135 Stat. 890, 910.)