49 U.S.C. § 5305 — Planning programs

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 facilities’’. Subsec. (d)(1)(I). Pub. L. 114–94, § 3003(b)(2)(A), added subpar. (I). Subsec. (d)(2)(B)(ii). Pub. L. 114–94, § 3003(b)(2)(B)(i), struck out ‘‘urbanized’’ after ‘‘In’’. Subsec. (d)(2)(C). Pub. L. 114–94, § 3003(b)(2)(B)(ii), struck out ‘‘urbanized’’ after ‘‘public transportation in’’. Subsec. (f)(3)(A)(ii). Pub. L. 114–94, § 3003(b)(3), in- serted ‘‘public ports,’’ before ‘‘freight shippers,’’ and ‘‘(including intercity bus operators, employer-based commuting programs, such as a carpool program, van- pool program, transit benefit program, parking cash- out program, shuttle program, or telework program)’’ after ‘‘private providers of transportation’’. 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to statewide transpor- tation planning and consisted of subsecs. (a) to (j). 2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (e) relating to development and updating of a transportation improvement program, contents of program, selection of projects, notice and an oppor- tunity to comment on proposed programs, and con- formance of review requirements under the National Environmental Policy Act of 1969. 1998—Subsec. (a). Pub. L. 105–178, § 3005(d)(1), as added by Pub. L. 105–206, § 9009(c)(2), designated existing provi- sions as par. (1), inserted heading, and added par. (2). Pub. L. 105–178, § 3005(a), in second sentence, sub- stituted ‘‘the metropolitan planning organization, in cooperation with the chief executive officer of the State and any affected mass transportation operator,’’ for ‘‘the organization’’ and inserted ‘‘other affected em- ployee representatives, freight shippers, providers of freight transportation services,’’ after ‘‘transportation authority employees,’’ and ‘‘representatives of users of public transit,’’ after ‘‘private providers of transpor- tation,’’. Subsec. (b)(2)(B). Pub. L. 105–178, § 3005(d)(2)(A), as added by Pub. L. 105–206, § 9009(c)(2), struck out ‘‘and’’ at end. Subsec. (b)(2)(C). Pub. L. 105–178, § 3005(d)(2)(B), as added by Pub. L. 105–206, § 9009(c)(2), which directed amendment of subpar. (C) by substituting ‘‘strategies; and’’ for ‘‘strategies which may include’’, was executed by making the substitution for ‘‘strategies, which may include’’ to reflect the probable intent of Congress. Re- maining provisions of subpar. (C) redesignated (D). Pub. L. 105–178, § 3005(b), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘rec- ommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects.’’ Subsec. (b)(2)(D). Pub. L. 105–178, § 3005(d)(2)(B), as added by Pub. L. 105–206, § 9009(c)(2), which directed amendment of subpar. (C) by substituting ‘‘strategies; and’’ followed by ‘‘(D) may include’’ for ‘‘strategies which may include’’, was executed by making the sub- stitutions for ‘‘strategies, which may include’’ to re- flect the probable intent of Congress. Subsec. (c)(1). Pub. L. 105–178, § 3005(c)(1), added par. (1) and struck out former par. (1) which read as follows: ‘‘Except as provided in section 5305(d)(1) of this title, the State, in cooperation with the metropolitan plan- ning organization, shall select projects in a metropoli- tan area that involve United States Government par- ticipation. Selection shall comply with the transpor- tation improvement program for the area.’’ Subsec. (c)(3). Pub. L. 105–178, § 3005(c)(2), added par. (3). Subsec. (c)(4). Pub. L. 105–178, § 3005(d)(3), as added by Pub. L. 105–206, § 9009(c)(2), added par. (4) and struck out heading and text of former par. (4). Text read as fol- lows: ‘‘Notwithstanding subsection (b)(2)(C), a State or metropolitan planning organization shall not be re- quired to select any project from the illustrative list of additional projects included in the financial plan under subsection (b)(2)(C).’’ Pub. L. 105–178, § 3005(c)(2), added par. (4). Subsec. (c)(5), (6). Pub. L. 105–178, § 3005(c)(2), added pars. (5) and (6). 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 DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment 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. SCHEDULE FOR IMPLEMENTATION Pub. L. 109–59, title III, § 3006(b), Aug. 10, 2005, 119 Stat. 1565, required the Secretary of Transportation to issue guidance on a schedule for implementation of the changes made to this section by section 3006(a) of Pub. L. 109–59 and required State or metropolitan planning organization plan or program updates to reflect such changes beginning July 1, 2007. § 5305. Planning programs (a) STATE DEFINED.—In this section, the term ‘‘State’’ means a State of the United States, the District of Columbia, and Puerto Rico. Page 261 TITLE 49—TRANSPORTATION § 5305 (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 pro- grams; (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, plan- ning, operations, capital requirements, and economic feasibility. (B) Evaluating previously financed projects. (C) Peer reviews and exchanges of tech- nical data, information, assistance, and re- lated activities in support of planning and environmental analyses among metropolitan planning organizations and other transpor- tation planners. (D) Other similar and related activities preliminary to and in preparation for con- structing, acquiring, or improving the oper- ation of facilities and equipment. (c) PURPOSE.—To the extent practicable, the Secretary shall ensure that amounts appro- priated or made available under section 5338 to carry out this section and sections 5303, 5304, and 5306 are used to support balanced and com- prehensive transportation planning that con- siders 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 ap- portion 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 avail- able decennial census of population; bears to (ii) the total population of urbanized areas in all States, as shown by that cen- sus. (B) MINIMUM APPORTIONMENT.—Notwith- standing 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 appor- tioned 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 coopera- tive 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 ap- portion 20 percent of the amounts made available under subsection (g)(1) among the States to supplement allocations made under paragraph (1) for metropolitan plan- ning organizations. (B) FORMULA.—The Secretary shall appor- tion 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 ap- portion 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 avail- able decennial census; bears to (ii) the population of urbanized areas in all States, as shown by that census. (B) MINIMUM APPORTIONMENT.—Notwith- standing 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 para- graph (2), the Government share of the cost of an activity funded using amounts made avail- able under this section may not exceed 80 per- cent of the cost of the activity unless the Sec- retary 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 ac- tivity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Sec- Page 262 TITLE 49—TRANSPORTATION § 5305 retary, in a form as determined by the Sec- retary, how the increased Government share for transportation planning activities bene- fits 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 aver- age 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 sub- section (d); and (2) 17.28 percent shall be available to carry out subsection (e). (h) AVAILABILITY OF FUNDS.—Funds appor- tioned under this section to a State that have not been obligated in the 3-year period begin- ning after the last day of the fiscal year for which the funds are authorized shall be reappor- tioned among the States. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 794; Pub. L. 105–178, title III, § 3006, June 9, 1998, 112 Stat. 346; Pub. L. 105–206, title IX, § 9009(d), July 22, 1998, 112 Stat. 854; Pub. L. 109–59, title III, § 3007(a), Aug. 10, 2005, 119 Stat. 1566; Pub. L. 111–147, title IV, § 431, Mar. 18, 2010, 124 Stat. 88; Pub. L. 111–322, title II, § 2301, Dec. 22, 2010, 124 Stat. 3526; Pub. L. 112–5, title III, § 301, Mar. 4, 2011, 125 Stat. 18; Pub. L. 112–30, title I, § 131, Sept. 16, 2011, 125 Stat. 350; Pub. L. 112–102, title III, § 301, Mar. 30, 2012, 126 Stat. 275; Pub. L. 112–140, title III, § 301, June 29, 2012, 126 Stat. 396; Pub. L. 112–141, div. B, § 20030(a), div. G, title III, § 113001, July 6, 2012, 126 Stat. 730, 983; Pub. L. 117–58, div. C, § 30004, Nov. 15, 2021, 135 Stat. 893.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5305(a)–(e) .. 49 App.:1607(i). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(i); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; re- stated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2103; Oct. 6, 1992, Pub. L. 102–388, § 502(f), 106 Stat. 1566. 5305(f) ........ 49 App.:1607(l). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(j), (l); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2104. 5305(g) ........ 49 App.:1607(j). In subsection (c), the words ‘‘title 23’’ are substituted for ‘‘this title’’ for consistency in this chapter and to reflect the apparent intent of Congress. The word ‘‘ap- propriate’’ is omitted as surplus. In subsection (e)(2), the words ‘‘under the formula program’’ are omitted as surplus. In subsections (f) and (g), the word ‘‘area’’ is added for clarity and consistency with 42:7501(2). In subsection (f), the words ‘‘Notwithstanding any other provisions of this chapter or title 23, United States Code’’ are omitted as surplus. Editorial Notes AMENDMENTS 2021—Subsec. (e)(1)(A). Pub. L. 117–58, § 30004(1), sub- stituted ‘‘this section and sections’’ for ‘‘this section and section’’. Subsec. (f). Pub. L. 117–58, § 30004(2), added subsec. (f) and struck out former subsec. (f). Prior to amendment, text read as follows: ‘‘The Government share of the cost of an activity funded using amounts made avail- able under this section may not exceed 80 percent of the cost of the activity unless the Secretary deter- mines that it is in the interests of the Government not to require a State or local match.’’ 2012—Subsec. (e)(1)(A). Pub. L. 112–141, § 20030(a)(1), substituted ‘‘section 5304 and 5306’’ for ‘‘sections 5304, 5306, 5315, and 5322’’ in introductory provisions. Subsec. (f). Pub. L. 112–141, § 20030(a)(2), substituted ‘‘GOVERNMENT’’ for ‘‘GOVERNMENT’S’’ in heading and ‘‘Government’’ for ‘‘Government’s’’ in text. Subsec. (g). Pub. L. 112–141, § 113001, substituted ‘‘2012’’ for ‘‘2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012’’ in introductory provisions. Pub. L. 112–141, § 20030(a)(3), substituted ‘‘section 5338(a)(2)(A) for a fiscal year’’ for ‘‘section 5338(c) for fiscal years 2005 through 2012’’ in introductory provi- sions. Pub. L. 112–140, §§ 1(c), 301, temporarily substituted ‘‘ending on July 6, 2012’’ for ‘‘ending on June 30, 2012’’ in introductory provisions. See Effective and Termi- nation Dates of 2012 Amendment note below. Pub. L. 112–102 substituted ‘‘2011 and for the period beginning on October 1, 2011, and ending on June 30, 2012’’ for ‘‘2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012’’ in introductory provisions. 2011—Subsec. (g). Pub. L. 112–30 substituted ‘‘2011 and for the period beginning on October 1, 2011, and ending on March 31, 2012’’ for ‘‘2011’’. Pub. L. 112–5 substituted ‘‘2011’’ for ‘‘2010, and for the period beginning October 1, 2010, and ending March 4, 2011,’’. 2010—Subsec. (g). Pub. L. 111–322 substituted ‘‘March 4, 2011’’ for ‘‘December 31, 2010’’. Pub. L. 111–147 substituted ‘‘2010, and for the period beginning October 1, 2010, and ending December 31, 2010,’’ for ‘‘2009’’ in introductory provisions. 2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of areas as transportation management areas and plans and pro- grams in an area. 1998—Subsec. (a)(2). Pub. L. 105–178, § 3006(a), added par. (2) and struck out former par. (2) which read as fol- lows: ‘‘any other area, including the Lake Tahoe Basin as defined in the Act of December 19, 1980 (Public Law 96–551, 94 Stat. 3233), when requested by the chief execu- tive officer and the metropolitan organization des- ignated for the area or the affected local officials.’’ Subsec. (b). Pub. L. 105–178, § 3006(b), inserted ‘‘af- fected’’ before ‘‘mass transportation operators’’. Subsec. (c). Pub. L. 105–178, § 3006(c), struck out at end ‘‘The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306.’’ Subsec. (d)(1). Pub. L. 105–178, § 3006(d), as amended by Pub. L. 105–206, § 9009(d), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘(1)(A) In consultation with the State, the metropoli- tan planning organization designated for a transpor- tation management area shall select the projects to be carried out in the area with United States Government participation under this chapter or title 23, except projects of the National Highway System or under the Bridge and Interstate Maintenance programs. ‘‘(B) In cooperation with the metropolitan planning organization designated for a transportation manage- ment area, the State shall select the projects to be car- ried out in the area of the National Highway System or under the Bridge and Interstate Maintenance pro- grams.’’ Page 263 TITLE 49—TRANSPORTATION § 5307 Subsec. (e)(2). Pub. L. 105–178, § 3006(e)(1), added par. (2) and struck out former par. (2) which read as follows: ‘‘If the Secretary does not certify before October 1, 1993, that a metropolitan planning organization is car- rying out its responsibilities, the Secretary may with- hold any part of the apportionment under section 104(b)(3) of title 23 attributed to the relevant metropoli- tan area under section 133(d)(3) of title 23 and capital amounts apportioned under section 5336 of this title. If an organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of that apportionment and capital amounts shall be with- held. The withheld apportionments shall be restored when the Secretary certifies the organization.’’ Subsec. (e)(4). Pub. L. 105–178, § 3006(e)(2), added par. (4). Subsec. (h). Pub. L. 105–178, § 3006(f), added subsec. (h). Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES OF 2012 AMENDMENT Amendment by section 20030(a) of Pub. L. 112–141 ef- fective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, High- ways. Pub. L. 112–141, div. G, title IV, § 114001, July 6, 2012, 126 Stat. 988, provided that: ‘‘This division [amending this section and sections 5307, 5309, 5311, 5337, 5338, 31104, and 31144 of this title, enacting provisions set out as a note under section 101 of Title 23, Highways, and amending provisions set out as notes under sections 5309, 5310, 5338, 14710, and 31100 of this title] and the amendments made by this division shall take effect on July 1, 2012.’’ 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. § 5306. Private enterprise participation in metro- politan planning and transportation im- provement programs and relationship to other limitations (a) PRIVATE ENTERPRISE PARTICIPATION.—A plan or program required by section 5303, 5304, or 5305 of this title shall encourage to the max- imum extent feasible, as determined by local policies, criteria, and decisionmaking, the par- ticipation of private enterprise. If equipment or a facility already being used in an urban area is to be acquired under this chapter, the program shall provide that it be improved so that it will better serve the transportation needs of the area. (b) RELATIONSHIP TO OTHER LIMITATIONS.—Sec- tions 5303–5305 of this title do not authorize— (1) a metropolitan planning organization to impose a legal requirement on a transpor- tation facility, provider, or project not eligible under this chapter or title 23; and (2) intervention in the management of a transportation authority. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 795; Pub. L. 109–59, title III, § 3008, Aug. 10, 2005, 119 Stat. 1568.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 5306(a) ........ 49 App.:1607(o). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(o); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; re- stated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2105. 5306(b) ........ 49 App.:1607(m). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(m); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; re- stated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, § 502(g), 106 Stat. 1566. In subsection (a), the words ‘‘(through modernization, extension, addition, or otherwise)’’ are omitted as sur- plus. Editorial Notes AMENDMENTS 2005—Subsec. (a). Pub. L. 109–59 inserted ‘‘, as deter- mined by local policies, criteria, and decisionmaking,’’ after ‘‘feasible’’. § 5307. Urbanized area formula grants (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 fa- cilities 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 para- transit 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 serv- ice 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