49 U.S.C. § 5310 : US Code - Section 5310: Formula grants for special needs of elderly individuals and individuals with disabilities

Search 49 U.S.C. § 5310 : US Code - Section 5310: Formula grants for special needs of elderly individuals and individuals with disabilities

(a) General Authority. -
(1) Grants. - The Secretary may make grants to States and local
governmental authorities under this section for public
transportation capital projects planned, designed, and carried
out to meet the special needs of elderly individuals and
individuals with disabilities.
(2) Subrecipients. - A State that receives a grant under this
section may allocate the amounts provided under the grant to -
(A) a private nonprofit organization, if the public
transportation service provided under paragraph (1) is
unavailable, insufficient, or inappropriate; or
(B) a governmental authority that -
(i) is approved by the State to coordinate services for
elderly individuals and individuals with disabilities; or
(ii) certifies that there are not any nonprofit
organizations readily available in the area to provide the
services described under paragraph (1).
(3) Acquiring public transportation services. - A public
transportation capital project under this section may include
acquisition of public transportation services as an eligible
capital expense.
(4) Administrative expenses. - A State or local governmental
authority may use not more than 10 percent of the amounts
apportioned to the State under this section to administer, plan,
and provide technical assistance for a project funded under this
section.
(b) Apportionment and Transfers. -
(1) Formula. - The Secretary shall apportion amounts made
available to carry out this section under a formula the Secretary
administers that considers the number of elderly individuals and
individuals with disabilities in each State.
(2) Transfer of funds. - Any funds apportioned to a State under
paragraph (1) may be transferred by the State to the
apportionments made under sections 5311(c) and 5336 if such funds
are only used for eligible projects selected under this section.
(c) Government's Share of Costs. -
(1) Capital projects. -
(A) In general. - A grant for a capital project under this
section shall be for 80 percent of the net capital costs of the
project, as determined by the Secretary.
(B) Exception. - A State described in section 120(b) of title
23 shall receive an increased Government share in accordance
with the formula under that section.
(2) Remainder. - The remainder of the net project costs -
(A) may be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, a service
agreement with a State or local social service agency or a
private social service organization, or new capital;
(B) may be derived from amounts appropriated or otherwise
made available to a department or agency of the Government
(other than the Department of Transportation) that are eligible
to be expended for transportation; and
(C) notwithstanding subparagraph (B), may be derived from
amounts made available to carry out the Federal lands highway
program established by section 204 of title 23.
(3) Use of certain funds. - For purposes of paragraph (2)(B),
the prohibitions on the use of funds for matching requirements
under section 403(a)(5)(C)(vii) of the Social Security Act (42
U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
(d) Grant Requirements. -
(1) In general. - A grant under this section shall be subject
to all requirements of a grant under section 5307 to the extent
the Secretary determines appropriate.
(2) Certification requirements. -
(A) Fund transfers. - A grant recipient under this section
that transfers funds to a project funded under section 5336 in
accordance with subsection (b)(2) shall certify that the
project for which the funds are requested has been coordinated
with private nonprofit providers of services under this
section.
(B) Project selection and plan development. - Beginning in
fiscal year 2007, each grant recipient under this section shall
certify that -
(i) the projects selected were derived from a locally
developed, coordinated public transit-human services
transportation plan; and
(ii) the plan was developed through a process that included
representatives of public, private, and nonprofit
transportation and human services providers and participation
by the public.
(C) Allocations to subrecipients. - Each grant recipient
under this section shall certify that allocations of the grant
to subrecipients, if any, are distributed on a fair and
equitable basis.
(e) State Program of Projects. -
(1) In general. - Amounts made available to carry out this
section may be used for transportation projects to assist in
providing transportation services for elderly individuals and
individuals with disabilities that are included in a State
program of projects.
(2) Submission and approval. - A State shall submit to the
Secretary annually for approval a program of projects. The
program shall contain an assurance that the program provides for
maximum feasible coordination of transportation services assisted
under this section with transportation services assisted by other
Government sources.
(f) Leasing Vehicles. - Vehicles acquired under this section may
be leased to local governmental authorities to improve
transportation services designed to meet the special needs of
elderly individuals and individuals with disabilities.
(g) Meal Delivery for Homebound Individuals. - Public
transportation service providers receiving assistance under this
section or section 5311(c) may coordinate and assist in regularly
providing meal delivery service for homebound individuals if the
delivery service does not conflict with providing public
transportation service or reduce service to public transportation
passengers.
(h) Transfers of Facilities and Equipment. - With the consent of
the recipient in possession of a facility or equipment acquired
with a grant under this section, a State may transfer the facility
or equipment to any recipient eligible to receive assistance under
this chapter if the facility or equipment will continue to be used
as required under this section.