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49 U.S.C. § 5305 — Planning programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) State Defined.—** In this section, the term “State” means a State of the United States, the District of Columbia, and Puerto Rico.
**(b) General Authority.—**
(1) **Grants and agreements.—** — Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities, and make agreements with other departments, agencies, or instrumentalities of the Government to—
(A) develop transportation plans and programs;
(B) plan, engineer, design, and evaluate a public transportation project; and
(C) conduct technical studies relating to public transportation.
(2) **Eligible activities.—** — Activities eligible under paragraph (1) include the following:
(A) Studies related to management, planning, operations, capital requirements, and economic feasibility.
(B) Evaluating previously financed projects.
(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.
(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.
**(c) Purpose.—** To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 5303, 5304, and 5306 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts.
**(d) Metropolitan Planning Program.—**
(1) **Apportionment
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**(a) State Defined.—** In this section, the term “State” means a State of the United States, the District of Columbia, and Puerto Rico.
**(b) General Authority.—**
(1) **Grants and agreements.—** — Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities, and make agreements with other departments, agencies, or instrumentalities of the Government to—
(A) develop transportation plans and programs;
(B) plan, engineer, design, and evaluate a public transportation project; and
(C) conduct technical studies relating to public transportation.
(2) **Eligible activities.—** — Activities eligible under paragraph (1) include the following:
(A) Studies related to management, planning, operations, capital requirements, and economic feasibility.
(B) Evaluating previously financed projects.
(C) Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.
(D) Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.
**(c) Purpose.—** To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 5303, 5304, and 5306 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts.
**(d) Metropolitan Planning Program.—**
(1) **Apportionment to states.—**
(A) *In general.—* — The Secretary shall apportion 80 percent of the amounts made available under subsection (g)(1) among the States to carry out sections 5303 and 5306 in the ratio that—
(i) the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to
(ii) the total population of urbanized areas in all States, as shown by that census.
(B) *Minimum apportionment.—* — Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.
(2) **Allocation to mpo’s.—** — Amounts apportioned to a State under paragraph (1) shall be made available, not later than 30 days after the date of apportionment, to metropolitan planning organizations in the State designated under this section under a formula that—
(A) considers population of urbanized areas;
(B) provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section;
(C) the State develops in cooperation with the metropolitan planning organizations; and
(D) the Secretary approves.
(3) **Supplemental amounts.—**
(A) *In general.—* — The Secretary shall apportion 20 percent of the amounts made available under subsection (g)(1) among the States to supplement allocations made under paragraph (1) for metropolitan planning organizations.
(B) *Formula.—* — The Secretary shall apportion amounts referred to in subparagraph (A) under a formula that reflects the additional cost of carrying out planning, programming, and project selection responsibilities under sections 5303 and 5306 in certain urbanized areas.
**(e) State Planning and Research Program.—**
(1) **Apportionment to states.—**
(A) *In general.—* — The Secretary shall apportion the amounts made available under subsection (g)(2) among the States for grants and contracts to carry out this section and sections 5304 and 5306 in the ratio that—
(i) the population of urbanized areas in each State, as shown by the latest available decennial census; bears to
(ii) the population of urbanized areas in all States, as shown by that census.
(B) *Minimum apportionment.—* — Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.
(2) **Supplemental amounts.—** — A State, as the State considers appropriate, may authorize part of the amount made available under this subsection to be used to supplement amounts made available under subsection (d).
**(f) Government Share of Costs.—**
(1) **In general.—** — Except as provided in paragraph (2), the Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government—
(A) not to require a State or local match; or
(B) to allow a Government share greater than 80 percent.
(2) **Certain activities.—**
(A) *In general.—* — The Government share of the cost of an activity funded using amounts made available under this section shall be not less than 90 percent for an activity that assists parts of an urbanized area or rural area with lower population density or lower average income levels compared to—
(i) the applicable urbanized area;
(ii) the applicable rural area;
(iii) an adjoining urbanized area; or
(iv) an adjoining rural area.
(B) *Report.—* — A State or metropolitan planning organization that carries out an activity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how the increased Government share for transportation planning activities benefits commuting and other essential travel in parts of the applicable urbanized area or rural area described in subparagraph (A) with lower population density or lower average income levels.
**(g) Allocation of Funds.—** Of the funds made available by or appropriated to carry out this section under section 5338(a)(2)(A) for a fiscal year—
(1) 82.72 percent shall be available for the metropolitan planning program under subsection (d); and
(2) 17.28 percent shall be available to carry out subsection (e).
**(h) Availability of Funds.—** Funds apportioned under this section to a State that have not been obligated in the 3-year period beginning after the last day of the fiscal year for which the funds are authorized shall be reapportioned among the States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Based on Urbanized Area Population.—** Of the amount apportioned under subsection (h)(5) to carry out section 5307—
(1) 9.32 percent shall be apportioned each fiscal year only in urbanized areas with a population of less than 200,000 so that each of those areas is entitled to receive an amount equal to—
(A) 50 percent of the total amount apportioned multiplied by a ratio equal to the population of the area divided by the total population of all urbanized areas with populations of less than 200,000 as shown in the most recent decennial census; and
(B) 50 percent of the total amount apportioned multiplied by a ratio for the area based on population weighted by a factor, established by the Secretary, of the number of inhabitants in each square mile; and
(2) 90.68 percent shall be apportioned each fiscal year only in urbanized areas with populations of at least 200,000 as provided in subsections (b) and (c) of this section.
**(b) Based on Fixed Guideway Vehicle Revenue Miles, Directional Route Miles, and Passenger Miles.—**
(1) In this subsection, “fixed guideway vehicle revenue miles” and “fixed guideway directional route miles” include passenger ferry operations directly or under contract by the designated recipient.
(2) Of the amount apportioned under subsection (a)(2) of this section, 33.29 percent shall be apportioned as follows:
(A) 95.61 percent of the total amount apportioned under this subsection shall be apportioned so that each urbanized area with a population of at least 200,000 is entitled to receive an amount equal to—
(i) 60 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway vehicle revenue miles attributable to the area, as established by the Secretary, divided
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5336
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Financial Assistance Programs.—** There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account)—
(1) subject to subsection (c), to carry out the motor carrier safety assistance program under section 31102 (other than the high priority program under subsection (l) of that section)—
(A) $390,500,000 for fiscal year 2022;
(B) $398,500,000 for fiscal year 2023;
(C) $406,500,000 for fiscal year 2024;
(D) $414,500,000 for fiscal year 2025; and
(E) $422,500,000 for fiscal year 2026;
(2) subject to subsection (c), to carry out the high priority program under section 31102(l) (other than the commercial motor vehicle enforcement training and support grant program under paragraph (5) of that section)—
(A) $57,600,000 for fiscal year 2022;
(B) $58,800,000 for fiscal year 2023;
(C) $60,000,000 for fiscal year 2024;
(D) $61,200,000 for fiscal year 2025; and
(E) $62,400,000 for fiscal year 2026;
(3) to carry out the commercial motor vehicle enforcement training and support grant program under section 31102(l)(5), $5,000,000 for each of fiscal years 2022 through 2026;
(4) to carry out the commercial motor vehicle operators grant program under section 31103—
(A) $1,100,000 for fiscal year 2022;
(B) $1,200,000 for fiscal year 2023;
(C) $1,300,000 for fiscal year 2024;
(D) $1,400,000 for fiscal year 2025; and
(E) $1,500,000 for fiscal year 2026; and
(5) subject to subsection (c), to carry out the financial assistance program for commercial driver’s license implementation under section 31313—
(A) $41,800,000 for fiscal year 2022;
(B) $42,650,000 for fiscal year 2023;
(C) $43,500,000 for fiscal year 2024;
(D) $44,350,000 for fiscal year 2025; and
(E) $45,200,000 for fiscal year
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary shall—
(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles, utilizing among other things the accident record of an owner or operator operating in interstate commerce and the accident record and safety inspection record of such owner or operator—
(A) in operations that affect interstate commerce within the United States; and
(B) in operations in Canada and Mexico if the owner or operator also conducts operations within the United States;
(2) periodically update such safety fitness determinations;
(3) make such final safety fitness determinations readily available to the public; and
(4) prescribe by regulation penalties for violations of this section consistent with section 521.
**(b) Procedure.—** The Secretary shall maintain by regulation a procedure for determining the safety fitness of an owner or operator. The procedure shall include, at a minimum, the following elements:
(1) Specific initial and continuing requirements with which an owner or operator must comply to demonstrate safety fitness.
(2) A methodology the Secretary will use to determine whether an owner or operator is fit.
(3) Specific time frames within which the Secretary will determine whether an owner or operator is fit.
**(c) Prohibited Transportation.—**
(1) **In general.—** — Except as provided in section 521(b)(5)(A) and this subsection, an owner or operator who the Secretary determines is not fit may not operate commercial motor vehicles in interstate commerce beginning on the 61st day after the date of such fitness determination and until the Secretary determines such owner or operator is fit.
(2) **Owners or operators transporting passengers.—** — With regard to owners or operators of commercial motor ve
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 31144
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—**
(1) **Grants.—** — The Secretary may make grants under this section for—
(A) capital projects;
(B) planning;
(C) job access and reverse commute projects; and
(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census.
(2) The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census—
(A) for public transportation systems that—
(i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or
(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or
(B) subject to paragraph (3), for public transportation systems that—
(i) operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment allocated to such systems within the ur
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5307
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions shall apply:
(1) **Applicant.—** — The term “applicant” means a State or local governmental authority that applies for a grant under this section.
(2) **Core capacity improvement project.—** — The term “core capacity improvement project” means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent. The term does not include project elements designed to maintain a state of good repair of the existing fixed guideway system.
(3) **Corridor-based bus rapid transit project.—** — The term “corridor-based bus rapid transit project” means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems, including defined stations; traffic signal priority for public transportation vehicles; short headway bidirectional services for a substantial part of weekdays; and any other features the Secretary may determine support a long-term corridor investment, but the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.
(4) **Fixed guideway bus rapid transit project.—** — The term “fixed guideway bus rapid transit project” means a bus capital project—
(A) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;
(B) that represents a substantial investment in a single route in a defined corridor or subarea; and
(C) that includes features that emulate the services provided by rail fixed guideway public
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5309
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Federal law — U.S. Code and appendices · legal_authorities
**(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 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 rural areas for—
(A) planning, provided that a grant under this section for planning activities shall be in addition to funding awarded to a State under section 5305 for planning activities that are directed specifically at the needs of rural areas in the State;
(B) public transportation capital projects;
(C) operating costs of equipment and facilities for use in public transportation;
(D) job access and reverse commute projects; and
(E) the acquisition of public transportation services, including service agreements with private providers of public transportation service.
(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 d
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5311
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions shall apply:
(1) **Fixed guideway.—** — The term “fixed guideway” means a public transportation facility—
(A) using and occupying a separate right-of-way for the exclusive use of public transportation;
(B) using rail;
(C) using a fixed catenary system;
(D) for a passenger ferry system; or
(E) for a bus rapid transit system.
(2) **State.—** — The term “State” means the 50 States, the District of Columbia, and Puerto Rico.
(3) **State of good repair.—** — The term “state of good repair” has the meaning given that term by the Secretary, by rule, under section 5326(b).
(4) **Transit asset management plan.—** — The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that—
(A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and
(B) the recipient certifies that the recipient complies with the rule issued under section 5326(d).
**(b) General Authority.—**
(1) **Eligible projects.—** — The Secretary may make grants under this section to assist State and local governmental authorities in financing capital projects to maintain public transportation systems in a state of good repair, including projects to replace and rehabilitate—
(A) rolling stock;
(B) track;
(C) line equipment and structures;
(D) signals and communications;
(E) power equipment and substations;
(F) passenger stations and terminals;
(G) security equipment and systems;
(H) maintenance facilities and equipment;
(I) operational support equipment, including computer hardware and software;
(J) development and implementation of a transit asset management plan; and
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5337
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grants.—**
(1) **In general.—** — There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and 5340, section 20005(b) of the Federal Public Transportation Act of 2012 ([49 U.S.C. 5303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5303&num=0&edition=prelim) note; Public Law 112–141), and section 3006(b) of the Federal Public Transportation Act of 2015 ([49 U.S.C. 5310](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5310&num=0&edition=prelim) note; Public Law 114–94)—
(A) $13,355,000,000 for fiscal year 2022;
(B) $13,634,000,000 for fiscal year 2023;
(C) $13,990,000,000 for fiscal year 2024;
(D) $14,279,000,000 for fiscal year 2025; and
(E) $14,642,000,000 for fiscal year 2026.
(2) **Allocation of funds.—** — Of the amounts made available under paragraph (1)—
(A) $184,647,343 for fiscal year 2022, $188,504,820 for fiscal year 2023, $193,426,906 for fiscal year 2024, $197,422,644 for fiscal year 2025, and $202,441,512 for fiscal year 2026 shall be available to carry out section 5305;
(B) $13,157,184 for fiscal year 2022, $13,432,051 for fiscal year 2023, $13,782,778 for fiscal year 2024, $14,067,497 for fiscal year 2025, and $14,425,121 for fiscal year 2026 shall be available to carry out section 20005(b) of the Federal Public Transportation Act of 2012 ([49 U.S.C. 5303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5303&num=0&edition=prelim) note; Public Law 112–141);
(C) $6,408,288,249 for fiscal year 2022, $6,542,164,133 for fiscal year 2023, $6,712,987,840 for fiscal year 2024, $6,851,662,142 for fiscal year 2025, and $7,025,844,743 for fiscal y
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5338
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Federal law — U.S. Code and appendices · legal_authorities
Page 260
TITLE 49—TRANSPORTATION
§ 5305
Editorial Notes
REFERENCES IN TEXT
The Clean Air Act, referred to in subsecs. (b)(2) and
(g)(5)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322,
which is classified generally to chapter 85 (§ 7401 et seq.)
of Title 42, The Public Health and Welfare. Part D of
title I of the Act is classified generally to part D (§ 7501
et seq.) of subchapter I of chapter 85 of Title 42. For
complete classification of this Act to the Code, see
Short Title note set out under section 7401 of Title 42
and Tables.
The date of enactment of the Federal Public Trans-
portation Act of 2012, referred to in subsec. (h)(2)(A), is
deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L.
112–141, set out as Effective and Termination Dates of
2012 Amendment notes under section 101 of Title 23,
Highways.
The National Environmental Policy Act of 1969, re-
ferred to in subsec. (j), is Pub. L. 91–190, Jan. 1, 1970, 83
Stat. 852, which is classified generally to chapter 55
(§ 4321 et seq.) of Title 42, The Public Health and Wel-
fare. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
AMENDMENTS
2021—Subsec. (e). Pub. L. 117–58, § 30003(a)(1), struck
out quotation marks before ‘‘In’’ in introductory provi-
sions.
Subsec. (f)(3)(C). Pub. L. 117–58, § 30003(b), added sub-
par. (C).
Subsec. (i). Pub. L. 117–58, § 30003(a)(2), substituted
‘‘this’’ for ‘‘this this’’.
2015—Subsec. (a)(2). Pub. L. 114–94, § 3003(b)(1), sub-
stituted ‘‘, bicycle transportation facilities, and inter-
modal facilities that support intercity transportation,
including intercity buses and intercity bus facilities
and commuter vanpool providers’’ for ‘‘and bicycle
transportation faciliti
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 5305
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