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49 U.S.C. § 5337 — State of good repair grants
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Page 355
TITLE 49—TRANSPORTATION
§ 5337
1 See References in Text note below.
§ 5337. State of good repair grants
(a) DEFINITIONS.—In this section, the following
definitions shall apply:
(1) FIXED GUIDEWAY.—The term ‘‘fixed guide-
way’’ means a public transportation facility—
(A) using and occupying a separate right-
of-way for the exclusive use of public trans-
portation;
(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, deci-
sion
support
tools,
and
investment
prioritization; and
(B) the recipient certifies that the recipi-
ent complies with the rule issued under sec-
tion 5326(d).
(b) GENERAL AUTHORITY.—
(1) ELIGIBLE PROJECTS.—The Secretary may
make grants under this section to assist State
and local governmental authorities in financ-
ing capital projects to maintain public trans-
portation systems in a state of good repair, in-
cluding 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, includ-
ing computer hardware and software;
(J
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Page 355
TITLE 49—TRANSPORTATION
§ 5337
1 See References in Text note below.
§ 5337. State of good repair grants
(a) DEFINITIONS.—In this section, the following
definitions shall apply:
(1) FIXED GUIDEWAY.—The term ‘‘fixed guide-
way’’ means a public transportation facility—
(A) using and occupying a separate right-
of-way for the exclusive use of public trans-
portation;
(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, deci-
sion
support
tools,
and
investment
prioritization; and
(B) the recipient certifies that the recipi-
ent complies with the rule issued under sec-
tion 5326(d).
(b) GENERAL AUTHORITY.—
(1) ELIGIBLE PROJECTS.—The Secretary may
make grants under this section to assist State
and local governmental authorities in financ-
ing capital projects to maintain public trans-
portation systems in a state of good repair, in-
cluding 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, includ-
ing computer hardware and software;
(J) development and implementation of a
transit asset management plan; and
(K) other replacement and rehabilitation
projects the Secretary determines appro-
priate.
(2) INCLUSION IN PLAN.—A recipient shall in-
clude a project carried out under paragraph (1)
in the transit asset management plan of the
recipient upon completion of the plan.
(c) HIGH INTENSITY FIXED GUIDEWAY STATE OF
GOOD REPAIR FORMULA.—
(1) IN GENERAL.—Of the amount authorized
or made available under section 5338(a)(2)(K),1
97.15 percent shall be apportioned to recipients
in accordance with this subsection.
(2) AREA SHARE.—
(A) IN GENERAL.—50 percent of the amount
described in paragraph (1) shall be appor-
tioned for fixed guideway systems in accord-
ance with this paragraph.
(B) SHARE.—A recipient shall receive an
amount equal to the amount described in
subparagraph (A), multiplied by the amount
the recipient would have received under this
section, as in effect for fiscal year 2011, if the
amount had been calculated in accordance
with the provisions of section 5336(b)(1) and
using the definition of the term ‘‘fixed
guideway’’ under subsection (a) of this sec-
tion, as such sections are in effect on the
day after the date of enactment of the Fed-
eral Public Transportation Act of 2012, and
divided by the total amount apportioned for
all areas under this section for fiscal year
2011.
(C) RECIPIENT.—For purposes of this para-
graph, the term ‘‘recipient’’ means an entity
that received funding under this section, as
in effect for fiscal year 2011.
(3) VEHICLE REVENUE MILES AND DIRECTIONAL
ROUTE MILES.—
(A) IN GENERAL.—50 percent of the amount
described in paragraph (1) shall be appor-
tioned to recipients in accordance with this
paragraph.
(B) VEHICLE REVENUE MILES.—A recipient
in an urbanized area shall receive an amount
equal to 60 percent of the amount described
in subparagraph (A), multiplied by the num-
ber of fixed guideway vehicle revenue miles
attributable to the urbanized area, as estab-
lished by the Secretary, divided by the total
number of all fixed guideway vehicle revenue
miles attributable to all urbanized areas.
(C) DIRECTIONAL ROUTE MILES.—A recipient
in an urbanized area shall receive an amount
equal to 40 percent of the amount described
in subparagraph (A), multiplied by the num-
ber of fixed guideway directional route miles
attributable to the urbanized area, as estab-
lished by the Secretary, divided by the total
number of all fixed guideway directional
route miles attributable to all urbanized
areas.
(4) LIMITATION.—
(A) IN
GENERAL.—Except as provided in
subparagraph (B), the share of the total
amount apportioned under this subsection
that is apportioned to an area under this
subsection shall not decrease by more than
0.25 percentage points compared to the share
apportioned to the area under this sub-
section in the previous fiscal year.
(B) SPECIAL RULE FOR FISCAL YEAR 2013.—In
fiscal year 2013, the share of the total
amount apportioned under this subsection
that is apportioned to an area under this
subsection shall not decrease by more than
0.25 percentage points compared to the share
that would have been apportioned to the
area under this section, as in effect for fiscal
year 2011, if the share had been calculated
using the definition of the term ‘‘fixed
guideway’’ under subsection (a) of this sec-
tion, as in effect on the day after the date of
enactment of the Federal Public Transpor-
tation Act of 2012.
(5) USE OF FUNDS.—Amounts made available
under this subsection shall be available for the
exclusive use of fixed guideway projects.
Page 356
TITLE 49—TRANSPORTATION
§ 5337
(6) RECEIVING APPORTIONMENT.—
(A) IN
GENERAL.—Except as provided in
subparagraph (B), for an area with a fixed
guideway system, the amounts provided
under this subsection shall be apportioned to
the designated recipient for the urbanized
area in which the system operates.
(B) EXCEPTION.—An area described in the
amendment made by section 3028(a) of the
Transportation Equity Act for the 21st Cen-
tury (Public Law 105–178; 112 Stat. 366) shall
receive an individual apportionment under
this subsection.
(7) APPORTIONMENT REQUIREMENTS.—For pur-
poses of determining the number of fixed
guideway vehicle revenue miles or fixed guide-
way directional route miles attributable to an
urbanized area for a fiscal year under this sub-
section, only segments of fixed guideway sys-
tems placed in revenue service not later than
7 years before the first day of the fiscal year
shall be deemed to be attributable to an ur-
banized area.
(d) HIGH INTENSITY MOTORBUS STATE OF GOOD
REPAIR.—
(1) DEFINITION.—For purposes of this sub-
section, the term ‘‘high intensity motorbus’’
means public transportation that is provided
on a facility with access for other high-occu-
pancy vehicles.
(2) APPORTIONMENT.—Of the amount author-
ized
or
made
available
under
section
5338(a)(2)(K),1 2.85 percent shall be apportioned
to urbanized areas for high intensity motorbus
vehicle state of good repair in accordance with
this subsection.
(3) VEHICLE REVENUE MILES AND DIRECTIONAL
ROUTE MILES.—
(A) IN GENERAL.—The amount described in
paragraph (2) shall be apportioned to each
area in accordance with this paragraph.
(B) VEHICLE
REVENUE
MILES.—Each area
shall receive an amount equal to 60 percent
of the amount described in subparagraph
(A), multiplied by the number of high inten-
sity motorbus vehicle revenue miles attrib-
utable to the area, as established by the Sec-
retary, divided by the total number of all
high intensity motorbus vehicle revenue
miles attributable to all areas.
(C) DIRECTIONAL ROUTE MILES.—Each area
shall receive an amount equal to 40 percent
of the amount described in subparagraph
(A), multiplied by the number of high inten-
sity motorbus directional route miles attrib-
utable to the area, as established by the Sec-
retary, divided by the total number of all
high intensity motorbus directional route
miles attributable to all areas.
(4) APPORTIONMENT REQUIREMENTS.—For pur-
poses of determining the number of high in-
tensity motorbus vehicle revenue miles or
high intensity motorbus directional route
miles attributable to an urbanized area for a
fiscal year under this subsection, only seg-
ments of high intensity motorbus systems
placed in revenue service not later than 7
years before the first day of the fiscal year
shall be deemed to be attributable to an ur-
banized area.
(5) USE
OF
FUNDS.—Amounts apportioned
under this subsection may be used for any
project that is an eligible project under sub-
section (b)(1).
(e) GOVERNMENT SHARE OF COSTS.—
(1) CAPITAL PROJECTS.—A grant for a capital
project under this section shall be for 80 per-
cent of the net project cost of the project. The
recipient may provide additional local match-
ing amounts.
(2) REMAINING COSTS.—The remainder of the
net project cost shall be provided—
(A) in cash from non-Government sources;
(B) from revenues derived from the sale of
advertising and concessions; or
(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or re-
serve, or new capital.
(f) COMPETITIVE GRANTS FOR RAIL VEHICLE RE-
PLACEMENT.—
(1) IN GENERAL.—The Secretary may make
grants under this subsection to assist State
and local governmental authorities in financ-
ing capital projects for the replacement of rail
rolling stock.
(2) GRANT REQUIREMENTS.—Except as other-
wise provided in this subsection, a grant under
this subsection shall be subject to the same
terms and conditions as a grant under sub-
section (b).
(3) COMPETITIVE
PROCESS.—The Secretary
shall solicit grant applications and make not
more than 3 new awards to eligible projects
under this subsection on a competitive basis
each fiscal year.
(4)
CONSIDERATION.—In
awarding
grants
under this subsection, the Secretary shall con-
sider—
(A) the size of the rail system of the appli-
cant;
(B) the amount of funds available to the
applicant under this subsection;
(C) the age and condition of the rail rolling
stock of the applicant that has exceeded or
will exceed the useful service life of the rail
rolling stock in the 5-year period following
the grant; and
(D) whether the applicant has identified
replacement of the rail vehicles as a priority
in the investment prioritization portion of
the transit asset management plan of the re-
cipient pursuant to part 625 of title 49, Code
of Federal Regulations (or successor regula-
tions).
(5) MAXIMUM
SHARE
OF
COMPETITIVE
GRANT
ASSISTANCE.—The amount of grant assistance
provided by the Secretary under this sub-
section, as a share of eligible project costs,
shall be not more than 50 percent.
(6) GOVERNMENT SHARE OF COST.—The Gov-
ernment share of the cost of an eligible project
carried out under this subsection shall not ex-
ceed 80 percent.
(7) MULTI-YEAR GRANT AGREEMENTS.—
(A) IN
GENERAL.—An eligible project for
which a grant is provided under this sub-
section may be carried out through a multi-
year grant agreement in accordance with
this paragraph.
(B) REQUIREMENTS.—A multi-year grant
agreement under this paragraph shall—
Page 357
TITLE 49—TRANSPORTATION
§ 5337
(i) establish the terms of participation
by the Federal Government in the project;
and
(ii) establish the maximum amount of
Federal financial assistance for the project
that may be provided through grant pay-
ments to be provided in not more than 3
consecutive fiscal years.
(C) FINANCIAL RULES.—A multi-year grant
agreement under this paragraph—
(i) shall obligate an amount of available
budget authority specified in law; and
(ii) may include a commitment, contin-
gent on amounts to be specified in law in
advance for commitments under this para-
graph, to obligate an additional amount
from future available budget authority
specified in law.
(D) STATEMENT
OF
CONTINGENT
COMMIT-
MENT.—A multi-year agreement under this
paragraph shall state that the contingent
commitment is not an obligation of the Fed-
eral Government.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 844;
Pub. L. 103–429, § 6(14), Oct. 31, 1994, 108 Stat.
4379; Pub. L. 102–240, title III, § 3049(b), as added
Pub. L. 105–130, § 8, Dec. 1, 1997, 111 Stat. 2559;
Pub. L. 105–178, title III, §§ 3028, 3029(b)(12), June
9, 1998, 112 Stat. 366, 373; Pub. L. 105–206, title IX,
§ 9009(p), July 22, 1998, 112 Stat. 858; Pub. L.
108–88, § 8(b)(2), Sept. 30, 2003, 117 Stat. 1121; Pub.
L. 109–59, title III, § 3035(a), Aug. 10, 2005, 119
Stat. 1629; Pub. L. 110–244, title II, § 201(m), June
6, 2008, 122 Stat. 1611; Pub. L. 111–147, title IV,
§ 435, Mar. 18, 2010, 124 Stat. 89; Pub. L. 111–322,
title II, § 2305, Dec. 22, 2010, 124 Stat. 3528; Pub. L.
112–5, title III, § 305, Mar. 4, 2011, 125 Stat. 19;
Pub. L. 112–30, title I, § 135, Sept. 16, 2011, 125
Stat. 352; Pub. L. 112–102, title III, § 305, Mar. 30,
2012, 126 Stat. 277; Pub. L. 112–140, title III, § 305,
June 29, 2012, 126 Stat. 398; Pub. L. 112–141, div.
B, § 20027, div. G, title III, § 113005, July 6, 2012,
126 Stat. 723, 985; Pub. L. 114–94, div. A, title III,
§ 3015, Dec. 4, 2015, 129 Stat. 1478; Pub. L. 117–58,
div. C, § 30016, Nov. 15, 2021, 135 Stat. 911.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5337(a) ........
49 App.:1602(h)
(1)–(4).
July 9, 1964, Pub. L. 88–365,
78 Stat. 302, § 3(h)(1)–(6);
added Aug. 22, 1974, Pub.
L. 93–503, § 110, 88 Stat.
1573; Nov. 6, 1978, Pub. L.
95–599, § 302(d), 92 Stat.
2737; restated Dec. 18, 1991,
Pub. L. 102–240, § 3008, 105
Stat. 2091.
5337(b) ........
49 App.:1602(h)(5).
5337(c) ........
49 App.:1602(h)(6).
5337(d) ........
49 App.:1602(h)(7).
July 9, 1964, Pub. L. 88–365,
78 Stat. 302, §3(h)(7); added
Oct.
6,
1992,
Pub.
L.
102–388, § 502(c), 106 Stat.
1566.
In subsection (a), the words ‘‘for expenditure’’ are
omitted for consistency in this chapter. Before clause
(1), the reference to fiscal year 1992 is omitted as obso-
lete.
In subsection (c), the words ‘‘Notwithstanding any
other provision of law’’ are omitted as surplus. The
word ‘‘paragraph’’ in the source provision is translated
as it were ‘‘subsection’’ to reflect the apparent intent
of Congress.
In subsection (d)(1), the words ‘‘for obligation’’, ‘‘a
period of’’, and ‘‘the close of’’ are omitted as surplus.
PUB. L. 103–429
This amends 49:5337(a)(4) to correct an erroneous
cross-reference.
Editorial Notes
REFERENCES IN TEXT
Section 5338, referred to in subsecs. (c)(1) and (d)(2),
was amended generally by Pub. L. 117–58, div. C, § 30017,
Nov. 15, 2021, 135 Stat. 912. As amended, section
5338(a)(2)(K) no longer relates to allocations of funds to
carry out this section, but such provision can be found
elsewhere in section 5338.
The date of enactment of the Federal Public Trans-
portation Act of 2012, referred to in subsec. (c)(2)(B),
(4)(B), 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.
Section 3028(a) of the Transportation Equity Act for
the 21st Century (Public Law 105–178; 112 Stat. 366), re-
ferred to in subsec. (c)(6)(B), amended generally subsec.
(a) of this section. See 1998 Amendment note below.
AMENDMENTS
2021—Subsec. (f). Pub. L. 117–58 added subsec. (f).
2015—Subsec. (c)(1). Pub. L. 114–94, § 3015(b)(1), sub-
stituted ‘‘5338(a)(2)(K)’’ for ‘‘5338(a)(2)(I)’’.
Subsec. (c)(2)(B). Pub. L. 114–94, § 3015(a)(1), inserted
‘‘the provisions of’’ before ‘‘section 5336(b)(1)’’.
Subsec. (d)(2). Pub. L. 114–94, § 3015(a)(2)(A), (b)(2),
substituted ‘‘5338(a)(2)(K)’’ for ‘‘5338(a)(2)(I)’’ and in-
serted ‘‘vehicle’’ after ‘‘motorbus’’.
Subsec. (d)(5). Pub. L. 114–94, § 3015(a)(2)(B), added par.
(5).
Subsec. (e). Pub. L. 114–94, § 3015(a)(3), added subsec.
(e).
2012—Pub. L. 112–141, § 20027, amended section gen-
erally. Prior to amendment, section related to appor-
tionment based on fixed guideway factors.
Subsec. (g). Pub. L. 112–141, § 113005, struck out sub-
sec. (g). Text read as follows: ‘‘The Secretary shall ap-
portion amounts made available for fixed guideway
modernization under section 5309 for the period begin-
ning on October 1, 2011, and ending on June 30, 2012, in
accordance with subsection (a), except that the Sec-
retary shall apportion 75 percent of each dollar amount
specified in subsection (a).’’
Pub. L. 112–140, §§ 1(c), 305, temporarily amended sub-
sec. (g) generally, enacting similar provisions but di-
recting the Secretary to apportion 76 percent of each
dollar amount specified in subsec. (a) for the period be-
ginning on Oct. 1, 2011, and ending on July 6, 2012. See
Effective and Termination Dates of 2012 Amendment
note below.
Pub. L. 112–102 amended subsec. (g) generally. Prior
to amendment, text read as follows: ‘‘The Secretary
shall apportion amounts made available for fixed guide-
way modernization under section 5309 for the period be-
ginning on October 1, 2011, and ending on March 31,
2012, in accordance with subsection (a), except that the
Secretary shall apportion 50 percent of each dollar
amount specified in subsection (a).’’
2011—Subsec. (a). Pub. L. 112–30, § 135(1), substituted
‘‘2012’’ for ‘‘2011’’ in introductory provisions.
Pub. L. 112–5, § 305(1), substituted ‘‘2011’’ for ‘‘2010’’ in
introductory provisions.
Subsec. (g). Pub. L. 112–30, § 135(2), added subsec. (g).
Pub. L. 112–5, § 305(2), struck out subsec. (g). Text read
as follows: ‘‘The Secretary shall apportion amounts
made available for fixed guideway modernization under
section 5309 for the period beginning October 1, 2010,
and ending March 4, 2011, in accordance with subsection
(a), except that the Secretary shall apportion 155⁄365ths
of each dollar amount specified in subsection (a).’’
2010—Subsec. (a). Pub. L. 111–147, § 435(1), substituted
‘‘2010’’ for ‘‘2009’’ in introductory provisions.
Page 358
TITLE 49—TRANSPORTATION
§ 5338
Subsec. (g). Pub. L. 111–322 amended subsec. (g) gen-
erally. Prior to amendment, text read as follows: ‘‘The
Secretary shall apportion amounts made available for
fixed guideway modernization under section 5309 for the
period beginning October 1, 2010, and ending December
31, 2010, in accordance with subsection (a), except that
the Secretary shall apportion 25 percent of each dollar
amount specified in subsection (a).’’
Pub. L. 111–147, § 435(2), added subsec. (g).
2008—Subsec. (a). Pub. L. 110–244 substituted ‘‘for
each of fiscal years 2005 through 2009’’ for ‘‘for each of
fiscal years 1998 through 2003’’ in introductory provi-
sions.
2005—Pub. L. 109–59, § 3035(a)(1), substituted ‘‘Appor-
tionment based on fixed guideway factors’’ for ‘‘Appor-
tionment of appropriations for fixed guideway mod-
ernization’’ in section catchline.
Subsec. (f). Pub. L. 109–59, § 3035(a)(2), added subsec.
(f).
2003—Subsec. (e). Pub. L. 108–88 struck out subsec. (e)
relating to special rule.
1998—Subsec. (a). Pub. L. 105–178, § 3028(c), as added by
Pub. L. 105–206, in par. (2)(B), substituted ‘‘(e)(1)’’ for
‘‘(e)’’, in par. (3)(D), substituted ‘‘(2)(B)’’ for ‘‘(2)(B)(ii)’’
and ‘‘(e)(1)’’ for ‘‘(e)’’, in par. (4), substituted ‘‘(e)(1)’’
for ‘‘(e)’’, and in pars. (5) to (7), substituted ‘‘(e)(2)’’ for
‘‘(e)’’ wherever appearing.
Pub. L. 105–178, § 3028(a), amended heading and text of
subsec. (a) generally, substituting provisions relating
to distribution for fiscal years 1998 through 2003 for pro-
visions relating to percentage distribution for fiscal
years ending Sept. 30, 1993–1997 and for period of Oct. 1,
1997 through Mar. 31, 1998.
Subsec. (e). Pub. L. 105–178, § 3028(b), added subsec. (e)
relating to route segments to be included in apportion-
ment formulas.
Subsec. (e)(1). Pub. L. 105–178, § 3029(b)(12), which di-
rected substitution of ‘‘subsections (b) and (h)(4) of sec-
tion 5338’’ for ‘‘section 5338(f)’’, could not be executed
because ‘‘section 5338(f)’’ does not appear in text.
1997—Subsec. (a). Pub. L. 102–240, § 3049(b)(1), as added
by Pub. L. 105–130, inserted ‘‘and for the period of Octo-
ber 1, 1997, through March 31, 1998,’’ after ‘‘1997,’’ in in-
troductory provisions.
Subsec. (e). Pub. L. 102–240, § 3049(b)(2), as added by
Pub. L. 105–130, added subsec. (e).
1994—Subsec. (a)(4). Pub. L. 103–429 substituted ‘‘sec-
tion
5336(b)(2)(A)
of
this
title’’
for
‘‘section
5336(B)(2)(A)’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–94 effective Oct. 1, 2015,
see section 1003 of Pub. L. 114–94, set out as a note
under section 5313 of Title 5, Government Organization
and Employees.
EFFECTIVE AND TERMINATION DATES OF 2012
AMENDMENT
Amendment by section 20027 of Pub. L. 112–141 effec-
tive Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set
out as a note under section 101 of Title 23, Highways.
Amendment by section 113005 of Pub. L. 112–141 effec-
tive July 1, 2012, see section 114001 of Pub. L. 112–141,
set out as a note under section 5305 of this title.
Amendment by Pub. L. 112–140 to cease to be effective
on July 6, 2012, with text as amended by Pub. L. 112–140
to revert back to read as it did on the day before June
29, 2012, and amendments by Pub. L. 112–141 to be exe-
cuted as if Pub. L. 112–140 had not been enacted, see
section 1(c) of Pub. L. 112–140, set out as a note under
section 101 of Title 23, Highways.
EFFECTIVE DATE OF 1998 AMENDMENT
Title IX of Pub. L. 105–206 effective simultaneously
with enactment of Pub. L. 105–178 and to be treated as
included in Pub. L. 105–178 at time of enactment, and
provisions of Pub. L. 105–178, as in effect on day before
July 22, 1998, that are amended by title IX of Pub. L.
105–206 to be treated as not enacted, see section 9016 of
Pub. L. 105–206, set out as a note under section 101 of
Title 23, Highways.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
SPECIAL RULE FOR PARTIAL FISCAL YEAR FUNDING
Pub. L. 108–310, § 8(b), Sept. 30, 2004, 118 Stat. 1154, pro-
vided for pro rata apportionment for fixed guideway
modernization to reflect partial fiscal year 2005 fund-
ing.
Pub. L. 108–88, § 8(b)(1), Sept. 30, 2003, 117 Stat. 1121, as
amended by Pub. L. 108–202, § 9(b), Feb. 29, 2004, 118 Stat.
485; Pub. L. 108–224, § 7(b), Apr. 30, 2004, 118 Stat. 633;
Pub. L. 108–263, § 7(b), June 30, 2004, 118 Stat. 704, which
directed the Secretary of Transportation to determine
the amount that each urbanized area would be appor-
tioned for fixed guideway modernization under section
5337 of this title on a pro rata basis reflecting partial
fiscal year 2004 funding made available under section
5338 of this title, was repealed by Pub. L. 108–280, § 7(b),
July 30, 2004, 118 Stat. 882.
§ 5338. Authorizations
(a) GRANTS.—
(1) IN
GENERAL.—There shall be available
from the Mass Transit Account of the High-
way 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 note;
Public Law 112–141), and section 3006(b) of the
Federal Public Transportation Act of 2015 (49
U.S.C. 5310 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 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 year
2026 shall be allocated in accordance with
section 5336 to provide financial assistance
for urbanized areas under section 5307;
(D)
$371,247,094
for
fiscal
year
2022,
$379,002,836 for fiscal year 2023, $388,899,052 for
fiscal year 2024, $396,932,778 for fiscal year
2025, and $407,023,583 for fiscal year 2026 shall
be available to provide financial assistance
for services for the enhanced mobility of
seniors and individuals with disabilities
under section 5310;
(E) $4,605,014 for fiscal year 2022, $4,701,218
for fiscal year 2023, $4,823,972 for fiscal year
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy.—** It is in the national interest—
(1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).
**(b) Definitions.—** In this section and section 5304, the following definitions apply:
(1) **Metropolitan planning area.—** — The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e).
(2) **Metropolitan planning organization.—** — The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d).
(3) **Nonmetropolitan area.—** — The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas.
(4) **Nonmetropolitan local official.—** — The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation.
(5) **Regional transportation planning orga
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5303
Stored review status: release_metadata_unconfirmed. The source passage cites 49 U.S.C. § 5303. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 242
TITLE 49—TRANSPORTATION
§ 5303
Subsec. (a)(1)(J) to (L). Pub. L. 109–59, § 3004(b)(3)–(5),
added subpars. (J) to (L).
Subsec. (a)(4). Pub. L. 109–59, § 3002(b)(4), substituted
‘‘public transportation’’ for ‘‘mass transportation’’ in
introductory provisions and subpar. (A).
Subsec. (a)(5). Pub. L. 109–59, § 3004(c), substituted
‘‘Individual with a disability’’ for ‘‘Handicapped indi-
vidual’’ in heading and ‘‘individual with a disability’’
for ‘‘handicapped individual’’ in text.
Pub. L. 109–59, § 3002(b)(4), substituted ‘‘public trans-
portation’’ for ‘‘mass transportation’’ in two places.
Subsec. (a)(7). Pub. L. 109–59, § 3004(d), amended head-
ing and text of par. (7) generally. Prior to amendment,
text read as follows: ‘‘The term ‘mass transportation’
means transportation by a conveyance that provides
regular and continuing general or special transpor-
tation to the public, but does not include school bus,
charter, or sightseeing transportation.’’
Subsec. (a)(9). Pub. L. 109–59, § 3002(b)(4), substituted
‘‘public transportation’’ for ‘‘mass transportation’’ in
subpars. (A) and (B).
Subsec. (a)(10). Pub. L. 109–59, § 3004(e), amended head-
ing and text of par. (10) generally. Prior to amendment,
text read as follows: ‘‘The term ‘public transportation’
means mass transportation.’’
Subsec. (a)(14) to (16). Pub. L. 109–59, § 3002(b)(4), sub-
stituted ‘‘public transportation’’ for ‘‘mass transpor-
tation’’ wherever appearing.
Subsec. (a)(17). Pub. L. 109–59, § 3004(f), reenacted
heading without change and amended text of par. (17)
generally. Prior to amendment, text read as follows:
‘‘The term ‘urbanized area’ means an area—
‘‘(A) encompassing at least an urbanized area with-
in a State that the Secretary of Commerce des-
ignates; and
‘‘(B)
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 5303
Stored review status: historical_2024_not_currentness_verified. The source passage cites 49 U.S.C. § 5303. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions shall apply:
(1) **Recipient.—** — The term “recipient” means—
(A) a designated recipient or a State that receives a grant under this section directly; or
(B) a State or local governmental entity that operates a public transportation service.
(2) **Subrecipient.—** — The term “subrecipient” means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation 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 recipients for—
(A) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable;
(B) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 ([42 U.S.C. 12101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12101&num=0&edition=prelim) et seq.);
(C) public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit; and
(D) alternatives to public transportation that assist seniors and individuals with disabilities with transportation.
(2) **Limitations for capital projects.—**
(A) *Amount available.—* — The amount available for capital projects under paragraph (1)(A) shall be not less than 55 percent of the funds apportioned to the recipient under this section.
(B) *Allocation to subrecipients.—* — A recipient of a grant under paragraph (1)(A) may allocate the amounts provided under the gr
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5310
Stored review status: release_metadata_unconfirmed. The source passage cites 49 U.S.C. § 5310. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 293
TITLE 49—TRANSPORTATION
§ 5310
ble project activities, facilities, and equipment, plus
reasonable interest and penalty charges allowable by
law.
‘‘(F) CREDITING OF FUNDS RECEIVED.—Any funds re-
ceived by the Federal Government under this para-
graph, other than interest and penalty charges, shall
be credited to the appropriation account from which
the funds were originally derived.
‘‘(10) AVAILABILITY OF AMOUNTS.—
‘‘(A) IN GENERAL.—An amount made available for an
eligible project shall remain available to that eligible
project for 4 fiscal years, including the fiscal year in
which the amount is made available. Any amounts
that are unobligated to the eligible project at the end
of the 4-fiscal-year period may be used by the Sec-
retary for any purpose under this subsection.
‘‘(B) USE
OF
DEOBLIGATED
AMOUNTS.—An amount
available under this subsection that is deobligated
may be used for any purpose under this subsection.
‘‘(11) ANNUAL REPORT ON EXPEDITED PROJECT DELIVERY
FOR CAPITAL INVESTMENT GRANTS.—Not later than the
first Monday in February of each year, the Secretary
shall submit to the Committee on Banking, Housing,
and Urban Affairs and the Committee on Appropria-
tions of the Senate and the Committee on Transpor-
tation and Infrastructure and the Committee on Appro-
priations of the House of Representatives a report that
includes a proposed amount to be available to finance
grants for anticipated projects under this subsection.
‘‘(12) RULE
OF
CONSTRUCTION.—Nothing in this sub-
section shall be construed to—
‘‘(A) require the privatization of the operation or
maintenance of any project for which an applicant
seeks funding under this subsection;
‘‘(B) revise the determinations by local policies,
criteria, and decisionmaking under sec
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 5310
Stored review status: historical_2024_not_currentness_verified. The source passage cites 49 U.S.C. § 5310. This identifies an authority to review, not proof of applicability.
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
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.