49 U.S.C. § 5317 : US Code - Section 5317: New freedom program

Search 49 U.S.C. § 5317 : US Code - Section 5317: New freedom program

(a) Definitions. - In this section, the following definitions
apply:
(1) Recipient. - The term "recipient" means a designated
recipient (as defined in section 5307(a)(2)) and a State that
receives a grant under this section directly.
(2) Subrecipient. - The term "subrecipient" means a State or
local governmental authority, nonprofit organization, or operator
of public transportation services that receives a grant under
this section indirectly through a recipient.
(b) General Authority. -
(1) Grants. - The Secretary may make grants under this section
to a recipient for new public transportation services and public
transportation alternatives beyond those required by the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
that assist individuals with disabilities with transportation,
including transportation to and from jobs and employment support
services.
(2) Administrative expenses. - A recipient may use not more
than 10 percent of the amounts apportioned to the recipient under
this section to administer, plan, and provide technical
assistance for a project funded under this section.
(c) Apportionments. -
(1) Formula. - The Secretary shall apportion amounts made
available to carry out this section as follows:
(A) 60 percent of the funds shall be apportioned among
designated recipients (as defined in section 5307(a)(2)) for
urbanized areas with a population of 200,000 or more in the
ratio that -
(i) the number of individuals with disabilities in each
such urbanized area; bears to
(ii) the number of individuals with disabilities in all
such urbanized areas.
(B) 20 percent of the funds shall be apportioned among the
States in the ratio that -
(i) the number of individuals with disabilities in
urbanized areas with a population of less than 200,000 in
each State; bears to
(ii) the number of individuals with disabilities in
urbanized areas with a population of less than 200,000 in all
States.
(C) 20 percent of the funds shall be apportioned among the
States in the ratio that -
(i) the number of individuals with disabilities in other
than urbanized areas in each State; bears to
(ii) the number of individuals with disabilities in other
than urbanized areas in all States.
(2) Use of apportioned funds. - Funds apportioned under
paragraph (1) shall be used for projects as follows:
(A) Funds apportioned under paragraph (1)(A) shall be used
for projects serving urbanized areas with a population of
200,000 or more.
(B) Funds apportioned under paragraph (1)(B) shall be used
for projects serving urbanized areas with a population of less
than 200,000.
(C) Funds apportioned under paragraph (1)(C) shall be used
for projects serving other than urbanized areas.
(3) Transfers. -
(A) In general. - A State may transfer any funds apportioned
to it under paragraph (1)(B) or (1)(C), or both, to an
apportionment under section 5311(c) or 5336, or both.
(B) Limited to eligible projects. - Any funds transferred
pursuant to this paragraph shall be made available only for
eligible projects selected under this section.
(C) Consultation. - A State may make a transfer of an amount
under this subsection only after consulting with responsible
local officials and publicly owned operators of public
transportation in each area for which the amount originally was
awarded under subsection (d)(4).
(d) Competitive Process for Grants to Subrecipients. -
(1) Areawide solicitations. - A recipient of funds apportioned
under subsection (c)(1)(A) shall conduct, in cooperation with the
appropriate metropolitan planning organization, an areawide
solicitation for applications for grants to the recipient and
subrecipients under this section.
(2) Statewide solicitation. - A recipient of funds apportioned
under subsection (c)(1)(B) or (c)(1)(C) shall conduct a statewide
solicitation for applications for grants to the recipient and
subrecipients under this section.
(3) Application. - Recipients and subrecipients seeking to
receive a grant from funds apportioned under subsection (c) shall
submit to the recipient an application in the form and in
accordance with such requirements as the recipient shall
establish.
(4) Grant awards. - The recipient shall award grants under
paragraphs (1) and (2) on a competitive basis.
(e) Grant Requirements. -
(1) In general. - A grant under this section shall be subject
to all the requirements of section 5310 to the extent the
Secretary considers appropriate.
(2) Fair and equitable distribution. - A recipient of a grant
under this section shall certify that allocations of the grant to
subrecipients are distributed on a fair and equitable basis.
(f) Coordination. -
(1) In general. - The Secretary shall coordinate activities
under this section with related activities under programs of
other Federal departments and agencies.
(2) With nonprofit providers. - A recipient that transfers
funds to an apportionment under section 5336 pursuant to
subsection (c)(2) shall certify that the project for which the
funds are requested under this section has been coordinated with
nonprofit providers of services.
(3) Project selection and planning. - Beginning in fiscal year
2007, a recipient of funds under this section shall certify that -

(A) the projects selected were derived from a locally
developed, coordinated public transit-human services
transportation plan; and
(B) 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.
(g) Government's Share of Costs. -
(1) Capital projects. - A grant for a capital project under
this section may not exceed 80 percent of the net capital costs
of the project, as determined by the Secretary.
(2) Operating assistance. - 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.
(3) 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; and
(B) may be derived from amounts appropriated to or made
available to a department or agency of the Government (other
than the Department of Transportation) that are eligible to be
expended for transportation.
(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 recipient 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.