49 U.S.C. § 5307 : US Code - Section 5307: Urbanized area formula grants

Search 49 U.S.C. § 5307 : US Code - Section 5307: Urbanized area formula grants

(a) Definitions. - In this section, the following definitions
apply:
(1) Associated capital maintenance items. - The term
"associated capital maintenance items" means -
(A) equipment, tires, tubes, and material, each costing at
least .5 percent of the current fair market value of rolling
stock comparable to the rolling stock for which the equipment,
tires, tubes, and material are to be used; and
(B) reconstruction of equipment and material, each of which
after reconstruction will have a fair market value of at least
.5 percent of the current fair market value of rolling stock
comparable to the rolling stock for which the equipment and
material will be used.
(2) Designated recipient. - The term "designated recipient"
means -
(A) an entity designated, in accordance with the planning
process under sections 5303, 5304, and 5306, by the chief
executive officer of a State, responsible local officials, and
publicly owned operators of public transportation, to receive
and apportion amounts under section 5336 that are attributable
to transportation management areas identified under section
5303; or
(B) a State or regional authority if the authority is
responsible under the laws of a State for a capital project and
for financing and directly providing public transportation.
(b) General Authority. -
(1) Grants. - The Secretary may make grants under this section
for -
(A) capital projects and associated capital maintenance
items;
(B) planning;
(C) transit enhancements;
(D) operating costs of equipment and facilities for use in
public transportation in an urbanized area with a population of
less than 200,000;
(E) operating costs of equipment and facilities for use in
public transportation in a portion or portions of an urbanized
area with a population of at least 200,000, but not more than
225,000, if -
(i) the urbanized area includes parts of more than one
State;
(ii) the portion of the urbanized area includes only one
State;
(iii) the population of the portion of the urbanized area
is less than 30,000; and
(iv) the grants will not be used to provide public
transportation outside of the portion of the urbanized area;
and
(F) operating costs of equipment and facilities for use in
public transportation for local governmental authorities in
areas which adopted transit operating and financing plans that
became a part of the Houston, Texas, urbanized area as a result
of the 2000 decennial census of population, but lie outside the
service area of the principal public transportation agency that
serves the Houston urbanized area.
(2) Special rule for fiscal years 2005 through 2007. -
(A) Increased flexibility. - The Secretary may award grants
under this section, from funds made available to carry out this
section for each of the fiscal years 2005 through 2007, to
finance the operating cost of equipment and facilities for use
in mass transportation in an urbanized area with a population
of at least 200,000, as determined by the 2000 decennial census
of population, if -
(i) the urbanized area had a population of less than
200,000, as determined by the 1990 decennial census of
population;
(ii) a portion of the urbanized area was a separate
urbanized area with a population of less than 200,000, as
determined by the 1990 decennial census of population;
(iii) the area was not designated as an urbanized area, as
determined by the 1990 decennial census of population; or
(iv) a portion of the area was not designated as an
urbanized area, as determined by the 1990 decennial census,
and received assistance under section 5311 in fiscal year
2002.
(B) Maximum amounts in fiscal year 2005. - In fiscal year
2005 -
(i) amounts made available to any urbanized area under
clause (i) or (ii) of subparagraph (A) shall be not more than
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 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 the amount the portion of the area
received under section 5311 for fiscal year 2002.
(C) Maximum amounts in fiscal year 2006. - In fiscal year
2006 -
(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 for fiscal year 2002.
(D) Maximum amounts in fiscal year 2007. - In fiscal year
2007 -
(i) amounts made available to any urbanized area under
clause (i) or (ii) of subparagraph (A) shall be not more than
25 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 25 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 25 percent of the amount the portion of
the area received under section 5311 in fiscal year 2002.
(3) In a transportation management area designated under
section 5305(a) of this title,(!1) amounts that cannot be used to
pay operating expenses under this section also are available for
a highway project if -
(A) that use is approved, in writing, by the metropolitan
planning organization under section 5303 of this title after
appropriate notice and an opportunity for comment and appeal is
provided to affected public transportation providers;
(B) the Secretary decides the amounts are not needed for
investment required by the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.); and
(C) the metropolitan planning organization in approving the
use under subparagraph (A) determines that the local transit
needs are being addressed.
(c) Public Participation Requirements. - Each recipient of a
grant shall -
(1) make available to the public information on amounts
available to the recipient under this section and the program of
projects the recipient proposes to undertake;
(2) develop, in consultation with interested parties, including
private transportation providers, a proposed program of projects
for activities to be financed;
(3) publish a proposed program of projects in a way that
affected citizens, private transportation providers, and local
elected officials have the opportunity to examine the proposed
program and submit comments on the proposed program and the
performance of the recipient;
(4) provide an opportunity for a public hearing in which to
obtain the views of citizens on the proposed program of projects;
(5) ensure that the proposed program of projects provides for
the coordination of public transportation services assisted under
section 5336 of this title with transportation services assisted
from other United States Government sources;
(6) consider comments and views received, especially those of
private transportation providers, in preparing the final program
of projects; and
(7) make the final program of projects available to the public.
(d) Grant Recipient Requirements. - A recipient may receive a
grant in a fiscal year only if -
(1) the recipient, within the time the Secretary prescribes,
submits a final program of projects prepared under subsection (c)
of this section and a certification for that fiscal year that the
recipient (including a person receiving amounts from a chief
executive officer of a State under this section) -
(A) has or will have the legal, financial, and technical
capacity to carry out the program, including safety and
security aspects of the program;
(B) has or will have satisfactory continuing control over the
use of equipment and facilities;
(C) will maintain equipment and facilities;
(D) will ensure that elderly and handicapped individuals, or
an individual presenting a medicare card issued to that
individual under title II or XVIII of the Social Security Act
(42 U.S.C. 401 et seq., 1395 et seq.), will be charged during
non-peak hours for transportation using or involving a facility
or equipment of a project financed under this section not more
than 50 percent of the peak hour fare;
(E) in carrying out a procurement under this section -
(i) will use competitive procurement (as defined or
approved by the Secretary);
(ii) will not use a procurement that uses exclusionary or
discriminatory specifications;
(iii) will comply with applicable Buy America laws in
carrying out a procurement; and
(iv) will comply with sections 5323 and 5325;
(F) has complied with subsection (c) of this section;
(G) has available and will provide the required amounts as
provided by subsection (e) of this section;
(H) will comply with section 5301(a), section 5301(d), and
sections 5303 through 5306;
(I) has a locally developed process to solicit and consider
public comment before raising a fare or carrying out a major
reduction of transportation;
(J)(i) will expend for each fiscal year for public
transportation security projects, including increased lighting
in or adjacent to a public transportation system (including bus
stops, subway stations, parking lots, and garages), increased
camera surveillance of an area in or adjacent to that system,
providing an emergency telephone line to contact law
enforcement or security personnel in an area in or adjacent to
that system, and any other project intended to increase the
security and safety of an existing or planned public
transportation system, at least one percent of the amount the
recipient receives for each fiscal year under section 5336 of
this title; or
(ii) has decided that the expenditure for security projects
is not necessary; and
(K) in the case of a recipient for an urbanized area with a
population of at least 200,000 -
(i) will expend not less than 1 percent of the amount the
recipient receives each fiscal year under this section for
transit enhancements, as defined in section 5302(a); and
(ii) will submit an annual report listing projects carried
out in the preceding fiscal year with those funds; and
(2) the Secretary accepts the certification.
(e) Government's Share of Costs. -
(1) Capital projects. - A grant for a capital project
(including associated capital maintenance items) under this
section shall be for 80 percent of the net project cost of the
project. The recipient may provide additional local matching
amounts.
(2) Operating expenses. - A grant for operating expenses under
this section may not exceed 50 percent of the net project cost of
the project.
(3) Remaining costs. - Subject to paragraph (4), the remainder
of the net project cost shall be provided -
(A) in cash from non-Government sources other than revenues
from providing public transportation services;
(B) from revenues derived from the sale of advertising and
concessions;
(C) from an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital; and
(D) from amounts received under a service agreement with a
State or local social service agency or private social service
organization.
(4) Use of certain funds. - The prohibitions on the use of
funds for matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall
not apply to the remainder.
(f) Statewide Operating Assistance. - (1) A State authority that
is a designated recipient and providing public transportation in at
least 2 urbanized areas may apply for operating assistance in an
amount not more than the amount for all urbanized areas in which it
provides transportation.
(2) When approving an application under paragraph (1) of this
subsection, the Secretary may not reduce the amount of operating
assistance approved for another State or a local transportation
authority within the affected urbanized areas.
(g) Undertaking Projects in Advance. - (1) When a recipient
obligates all amounts apportioned to it under section 5336 of this
title and then carries out a part of a project described in this
section (except a project for operating expenses) without amounts
of the Government and according to all applicable procedures and
requirements (except to the extent the procedures and requirements
limit a State to carrying out a project with amounts of the
Government previously apportioned to it), the Secretary may pay to
the recipient the Government's share of the cost of carrying out
that part when additional amounts are apportioned to the recipient
under section 5336 if -
(A) the recipient applies for the payment;
(B) the Secretary approves the payment; and
(C) before carrying out that part, the Secretary approves the
plans and specifications for the part in the same way as for
other projects under this section.
(2) The Secretary may approve an application under paragraph (1)
of this subsection only if an authorization for this section is in
effect for the fiscal year to which the application applies. The
Secretary may not approve an application if the payment will be
more than -
(A) the recipient's expected apportionment under section 5336
of this title if the total amount authorized to be appropriated
for the fiscal year to carry out this section is appropriated;
less
(B) the maximum amount of the apportionment that may be made
available for projects for operating expenses under this section.
(3) The cost of carrying out that part of a project includes the
amount of interest earned and payable on bonds issued by the
recipient to the extent proceeds of the bonds are expended in
carrying out the part. However, the amount of interest allowed
under this paragraph may not be more than the most favorable
financing terms reasonably available for the project at the time of
borrowing. The applicant shall certify, in a manner satisfactory to
the Secretary, that the applicant has shown reasonable diligence in
seeking the most favorable financing terms.
(h) Reviews, Audits, and Evaluations. - (1)(A) At least annually,
the Secretary shall carry out, or require a recipient to have
carried out independently, reviews and audits the Secretary
considers appropriate to establish whether the recipient has
carried out -
(i) the activities proposed under subsection (d) of this
section in a timely and effective way and can continue to do so;
and
(ii) those activities and its certifications and has used
amounts of the Government in the way required by law.
(B) An audit of the use of amounts of the Government shall comply
with the auditing procedures of the Comptroller General.
(2) At least once every 3 years, the Secretary shall review and
evaluate completely the performance of a recipient in carrying out
the recipient's program, specifically referring to compliance with
statutory and administrative requirements and the extent to which
actual program activities are consistent with the activities
proposed under subsection (d) of this section and the planning
process required under sections 5303-5306 of this title. To the
extent practicable, the Secretary shall coordinate such reviews
with any related State or local reviews.
(3) The Secretary may take appropriate action consistent with a
review, audit, and evaluation under this subsection, including
making an appropriate adjustment in the amount of a grant or
withdrawing the grant.
(i) Procurement System Approval. - A recipient may request the
Secretary to approve its procurement system. The Secretary shall
approve the system for use for procurements financed under section
5336 of this title if, after consulting with the Administrator for
Federal Procurement Policy, the Secretary decides the system
provides for competitive procurement. Approval of a system under
this subsection does not relieve a recipient of the duty to certify
under subsection (d)(1)(E) of this section.
(j) Operating Ferries Outside Urbanized Areas. - A vessel used in
ferryboat operations financed under section 5336 of this title that
is part of a State-operated ferry system may be operated
occasionally outside the urbanized area in which service is
provided to accommodate periodic maintenance if existing ferry
service is not reduced significantly by operating outside the area.
(k) Relationship to Other Laws. -
(1) Applicable provisions. - Sections 5301, 5302, 5303, 5304,
5306, 5315(c), 5318, 5319, 5323, 5325, 5327, 5329, 5330, 5331,
5332, 5333, and 5335 apply to this section and to any grant made
under this section.
(2) Inapplicable provisions. -
(A) In general. - Except as provided by this section, no
other provision of this chapter applies to this section or to a
grant made under this section.
(B) Title 5. - The provision of assistance under this chapter
shall not be construed as bringing within the application of
chapter 15 of title 5 any nonsupervisory employee of a public
transportation system (or any other agency or entity performing
related functions) to which such chapter is otherwise
inapplicable.
(l) Treatment. - For the purposes of this section, the United
States Virgin Islands shall be treated as an urbanized area, as
defined in section 5302.