§ 5340. Apportionments based on growing States and high density States formula factors

Footnotes

1. 1 So in original. Probably should have been “section 5338(a)(2)(N)” in original. 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.

1. 2005

   Federal Public Transportation Act of 2005

   Pub. L. 109–59 title III § 3038(a) · 119 Stat. 1144

   Enacted · 49 U.S.C. § 5340

   Added Pub. L. 109–59, title III, § 3038(a), Aug. 10, 2005, 119 Stat. 1636

   Source evidence

   Code source credit
   Added Pub. L. 109–59, title III, § 3038(a), Aug. 10, 2005, 119 Stat. 1636

   Enacted provision · exact public law section
   (a) In General.— Chapter 53 is amended by adding at the end the following: “§ 5340. Apportionments based on growing States and high density States formula factors “(a) Definition.— In this section, the term ‘State’ shall mean each of the 50 States of the United States. “(b) Allocation.— Of the amounts made available for each fiscal year under section 5338(b)(2)(M), the Secretary shall apportion— “(1) 50 percent to States and urbanized areas in accordance with subsection (c); and “(2) 50 percent to States and urbanized areas in accordance with subsection (d). “(c) Growing State Apportionments.— “(1) Apportionment among states.— The amounts apportioned under subsection (b)(1) shall provide each State with an amount equal to the total amount apportioned multiplied by a ratio equal to the population of that State forecast for the year that is 15 years after the most recent decennial census, divided by the total population of all States forecast for the year that is 15 years after the most recent decennial census. Such forecast shall be based on the population trend for each State between the most recent decennial census and the most recent estimate of population made by the Secretary of Commerce. “(2) Apportionments between urbanized areas and other than urbanized areas in each state.— “(A) In general.— The Secretary shall apportion amounts to each State under paragraph (1) so that urbanized areas in that State receive an amount equal to the amount apportioned to that State multiplied by a ratio equal to the sum of the forecast population of all urbanized areas in that State divided by the total forecast population of that State. In making the apportionment under this subparagraph, the Secretary shall utilize any available forecasts made by the State. If no forecasts are available, the Secretary shall utilize data on urbanized areas and total population from the most recent decennial census. “(B) Remaining amounts.— Amounts remaining for each State after apportionment under subparagraph (A) shall be apportioned to that State and added to the amount made available for grants under section 5311. “(3) Apportionments among urbanized areas in each state.— The Secretary shall apportion amounts made available to urbanized areas in each State under paragraph (2)(A) so that each urbanized area receives an amount equal to the amount apportioned under paragraph (2)(A) multiplied by a ratio equal to the population of each urbanized area divided by the sum of populations of all urbanized areas in the State. Amounts apportioned to each urbanized area shall be added to amounts apportioned to that urbanized area under section 5336, and made available for grants under section 5307. “(d) High Density State Apportionments.— Amounts to be apportioned under subsection (b)(2) shall be apportioned as follows: “(1) Eligible states.— The Secretary shall designate as eligible for an apportionment under this subsection all States with a population density in excess of 370 persons per square mile. “(2) State urbanized land factor.— For each State qualifying for an apportionment under paragraph (1), the Secretary shall calculate an amount equal to— “(A) the total land area of the State (in square miles); multiplied by “(B) 370; multiplied by “(C) (i) the population of the State in urbanized areas; divided by “(ii) the total population of the State. “(3) State apportionment factor.— For each State qualifying for an apportionment under paragraph (1), the Secretary shall calculate an amount equal to the difference between the total population of the State less the amount calculated in paragraph (2). “(4) State apportionment.— Each State qualifying for an apportionment under paragraph (1) shall receive an amount equal to the amount to be apportioned under this subsection multiplied by the amount calculated for the State under paragraph (3) divided by the sum of the amounts calculated under paragraph (3) for all States qualifying for an apportionment under paragraph (1). “(5) Apportionments among urbanized areas in each state.— The Secretary shall apportion amounts made available to each State under paragraph (4) so that each urbanized area receives an amount equal to the amount apportioned under paragraph (4) multiplied by a ratio equal to the population of each urbanized area divided by the sum of populations of all urbanized areas in the State. Amounts apportioned to each urbanized area shall be added to amounts apportioned to that urbanized area under section 5336, and made available for grants under section 5307.” .

2. 2015

   Federal Public Transportation Act of 2015

   Pub. L. 114–94 div. A title III § 3030(f) · 129 Stat. 1312

   1. Added · 49 U.S.C. § 5340(b)

      Pub. L. 114–94 added subsec. (b)

   2. Struck · 49 U.S.C. § 5340(b)

      Pub. L. 114–94 struck out former subsec. (b). Prior to amendment, text read as follows: “Of the amounts made available for each fiscal year under section 5338(b)(2)(M), the Secretary shall apportion—

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–94 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “Of the amounts made available for each fiscal year under section 5338(b)(2)(M), the Secretary shall apportion—

   “(1) 50 percent to States and urbanized areas in accordance with subsection (c); and “(2) 50 percent to States and urbanized areas in accordance with subsection (d).”

   Enacted provision · exact public law section
   (f) Section 5340.— Section 5340 of title 49, United States Code, is amended— (1) by striking subsection (b); and (2) by inserting the following: “(b) Allocation.— The Secretary shall apportion the amounts made available under section 5338(b)(2)(N) in accordance with subsection (c) and subsection (d).” .

   Effective date note
   Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

3 of 3 references resolved to an enrolled provision