49 U.S.C. § 5311 : US Code - Section 5311: Formula grants for other than urbanized areas

Search 49 U.S.C. § 5311 : US Code - Section 5311: Formula grants for other than urbanized areas

(a) Definitions. - As used in this section, the following
definitions shall apply:
(1) Recipient. - The term "recipient" means a State or Indian
tribe that receives a Federal transit program grant directly from
the Federal Government.
(2) Subrecipient. - The term "subrecipient" means a State or
local governmental authority, a nonprofit organization, or an
operator of public transportation or intercity bus service that
receives Federal transit program grant funds indirectly through a
recipient.
(b) General Authority. -
(1) Grants authorized. - Except as provided by paragraph (2),
the Secretary may award grants under this section to recipients
located in areas other than urbanized areas for -
(A) public transportation capital projects;
(B) operating costs of equipment and facilities for use in
public transportation; and
(C) the acquisition of public transportation services,
including service agreements with private providers of public
transportation services.
(2) State program. -
(A) In general. - A project eligible for a grant under this
section shall be included in a State program for public
transportation service projects, including agreements with
private providers of public transportation service.
(B) Submission to secretary. - Each State shall submit to the
Secretary annually the program described in subparagraph (A).
(C) Approval. - The Secretary may not approve the program
unless the Secretary determines that -
(i) the program provides a fair distribution of amounts in
the State, including Indian reservations; and
(ii) the program provides the maximum feasible coordination
of public transportation service assisted under this section
with transportation service assisted by other Federal
sources.
(3) Rural transportation assistance program. -
(A) In general. - The Secretary shall carry out a rural
transportation assistance program in other than urbanized
areas.
(B) Grants and contracts. - In carrying out this paragraph,
the Secretary may use not more than 2 percent of the amount
made available to carry out this section to make grants and
contracts for transportation research, technical assistance,
training, and related support services in other than urbanized
areas.
(C) Projects of a national scope. - Not more than 15 percent
of the amounts available under subparagraph (B) may be used by
the Secretary to carry out projects of a national scope, with
the remaining balance provided to the States.
(4) Data collection. - Each recipient under this section shall
submit an annual report to the Secretary containing information
on capital investment, operations, and service provided with
funds received under this section, including -
(A) total annual revenue;
(B) sources of revenue;
(C) total annual operating costs;
(D) total annual capital costs;
(E) fleet size and type, and related facilities;
(F) revenue vehicle miles; and
(G) ridership.
(c) Apportionments. -
(1) Public transportation on indian reservations. - Of the
amounts made available or appropriated for each fiscal year
pursuant to subsections (a)(1)(C)(v) and (b)(2)(G) of section
5338, the following amounts shall be apportioned for grants to
Indian tribes for any purpose eligible under this section, under
such terms and conditions as may be established by the Secretary:
(A) $8,000,000 for fiscal year 2006.
(B) $10,000,000 for fiscal year 2007.
(C) $12,000,000 for fiscal year 2008.
(D) $15,000,000 for fiscal year 2009.
(2) Remaining amounts. - Of the amounts made available or
appropriated for each fiscal year pursuant to subsections
(a)(1)(C)(v) and (b)(2)(G) of section 5338 that are not
apportioned under paragraph (1) -
(A) 20 percent shall be apportioned to the States in
accordance with paragraph (3); and
(B) 80 percent shall be apportioned to the States in
accordance with paragraph (4).
(3) Apportionments based on land area in nonurbanized areas. -
(A) In general. - Subject to subparagraph (B), each State
shall receive an amount that is equal to the amount apportioned
under paragraph (2)(A) multiplied by the ratio of the land area
in areas other than urbanized areas in that State and divided
by the land area in all areas other than urbanized areas in the
United States, as shown by the most recent decennial census of
population.
(B) Maximum apportionment. - No State shall receive more than
5 percent of the amount apportioned under this paragraph.
(4) Apportionments based on population in nonurbanized areas. -
Each State shall receive an amount equal to the amount
apportioned under paragraph (2)(B) multiplied by the ratio of the
population of areas other than urbanized areas in that State
divided by the population of all areas other than urbanized areas
in the United States, as shown by the most recent decennial
census of population.
(d) Use for Local Transportation Service. - A State may use an
amount apportioned under this section for a project included in a
program under subsection (b) of this section and eligible for
assistance under this chapter if the project will provide local
transportation service, as defined by the Secretary of
Transportation, in an area other than an urbanized area.
(e) Use for Administration, Planning, and Technical Assistance. -
The Secretary of Transportation may allow a State to use not more
than 15 percent of the amount apportioned under this section to
administer this section and provide technical assistance to a
subrecipient, including project planning, program and management
development, coordination of public transportation programs, and
research the State considers appropriate to promote effective
delivery of public transportation to an area other than an
urbanized area.
(f) Intercity Bus Transportation. -
(1) In general. - A State shall expend at least 15 percent of
the amount made available in each fiscal year to carry out a
program to develop and support intercity bus transportation.
Eligible activities under the program include -
(A) planning and marketing for intercity bus transportation;
(B) capital grants for intercity bus shelters;
(C) joint-use stops and depots;
(D) operating grants through purchase-of-service agreements,
user-side subsidies, and demonstration projects; and
(E) coordinating rural connections between small public
transportation operations and intercity bus carriers.
(2) Certification. - A State does not have to comply with
paragraph (1) of this subsection in a fiscal year in which the
chief executive officer of the State certifies to the Secretary,
after consultation with affected intercity bus service providers,
that the intercity bus service needs of the State are being met
adequately.
(g) Government Share of Costs. -
(1) Capital projects. -
(A) In general. - Except as provided by subparagraph (B), a
grant awarded under this section for any purpose other than
operating assistance shall be for 80 percent of the net capital
costs of the project, as determined by the Secretary.
(B) Exception. - A State described in section 120(b) of title
23 shall receive a Government share of the net capital costs in
accordance with the formula under that section.
(2) Operating assistance. -
(A) In general. - Except as provided by subparagraph (B), a
grant made under this section for operating assistance may not
exceed 50 percent of the net operating costs of the project, as
determined by the Secretary.
(B) Exception. - A State described in section 120(b) of title
23 shall receive a Government share of the net operating costs
equal to 62.5 percent of the Government share provided for
under paragraph (1)(B).
(3) Remainder. - The remainder of net project costs -
(A) may be provided from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, a service
agreement with a State or local social service agency or a
private social service organization, or new capital;
(B) may be derived from amounts appropriated or otherwise
made available to a department or agency of the Government
(other than the Department of Transportation) that are eligible
to be expended for transportation; and
(C) notwithstanding subparagraph (B), may be derived from
amounts made available to carry out the Federal lands highway
program established by section 204 of title 23.
(4) Use of certain funds. - For purposes of paragraph (3)(B),
the prohibitions on the use of funds for matching requirements
under section 403(a)(5)(C)(vii) of the Social Security Act (42
U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal or State
funds to be used for transportation purposes.
(5) Limitation on operating assistance. - A State carrying out
a program of operating assistance under this section may not
limit the level or extent of use of the Government grant for the
payment of operating expenses.
(h) Transfer of Facilities and Equipment. - With the consent of
the recipient currently having a facility or equipment acquired
with assistance under this section, a State may transfer the
facility or equipment to any recipient eligible to receive
assistance under this chapter if the facility or equipment will
continue to be used as required under this section.
(i) Relationship to Other Laws. - (1) Sections 5323(a)(1)(D) (!1)
and 5333(b) of this title apply to this section if the Secretary of
Labor utilizes a special warranty that provides a fair and
equitable arrangement to protect the interests of employees.
(2) This subsection does not affect or discharge a responsibility
of the Secretary of Transportation under a law of the United
States.