49 U.S.C. § 5339 — Grants for buses and bus facilities

Page 374 TITLE 49—TRANSPORTATION § 5339 1 See References in Text note below. § 5339. Grants for buses and bus facilities (a) FORMULA GRANTS.— (1) DEFINITIONS.—In this subsection— (A) the term ‘‘low or no emission vehicle’’ has the meaning given that term in sub- section (c)(1); (B) the term ‘‘State’’ means a State of the United States; and (C) the term ‘‘territory’’ means the Dis- trict of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands. (2) GENERAL AUTHORITY.—The Secretary may make grants under this subsection to assist el- igible recipients described in paragraph (4)(A) in financing capital projects— (A) to replace, rehabilitate, and purchase buses and related equipment, including tech- nological changes or innovations to modify low or no emission vehicles or facilities; and (B) to construct bus-related facilities. (3) GRANT REQUIREMENTS.—The requirements of— (A) section 5307 shall apply to recipients of grants made in urbanized areas under this subsection; and (B) section 5311 shall apply to recipients of grants made in rural areas under this sub- section. (4) ELIGIBLE RECIPIENTS.— (A) RECIPIENTS.—Eligible recipients under this subsection are— (i) designated recipients that allocate funds to fixed route bus operators; or (ii) State or local governmental entities that operate fixed route bus service. (B) SUBRECIPIENTS.—A recipient that re- ceives a grant under this subsection may al- locate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transpor- tation. (5) DISTRIBUTION OF GRANT FUNDS.—Funds al- located under section 5338(a)(2)(L) 1 shall be distributed as follows: (A) NATIONAL DISTRIBUTION.—$206,000,000 each fiscal year shall be allocated to all States and territories, with each State re- ceiving $4,000,000 for each such fiscal year and each territory receiving $1,000,000 for each such fiscal year. (B) DISTRIBUTION USING POPULATION AND SERVICE FACTORS.—The remainder of the funds not otherwise distributed under sub- paragraph (A) shall be allocated pursuant to the formula set forth in section 5336 other than subsection (b). (6) TRANSFERS OF APPORTIONMENTS.— (A) TRANSFER FLEXIBILITY FOR NATIONAL DISTRIBUTION FUNDS.—The Governor of a State may transfer any part of the State’s apportionment under paragraph (5)(A) to supplement amounts apportioned to the State under section 5311(c) or amounts ap- portioned to urbanized areas under sub- sections (a) and (c) of section 5336. (B) TRANSFER FLEXIBILITY FOR POPULATION AND SERVICE FACTORS FUNDS.—The Governor of a State may expend in an urbanized area with a population of less than 200,000 any amounts apportioned under paragraph (5)(B) that are not allocated to designated recipi- ents in urbanized areas with a population of 200,000 or more. (7) GOVERNMENT SHARE OF COSTS.— (A) CAPITAL PROJECTS.—A grant for a cap- ital project under this subsection shall be for 80 percent of the net capital costs of the project. A recipient of a grant under this subsection may provide additional local matching amounts. (B) REMAINING COSTS.—The remainder of the net project cost shall be provided— (i) in cash from non-Government sources other than revenues from providing public transportation services; (ii) from revenues derived from the sale of advertising and concessions; (iii) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; (iv) from amounts received under a serv- ice agreement with a State or local social service agency or private social service or- ganization; or (v) from revenues generated from value capture financing mechanisms. (8) PERIOD OF AVAILABILITY TO RECIPIENTS.— Amounts made available under this subsection may be obligated by a recipient for 3 fiscal years after the fiscal year in which the amount is apportioned. Not later than 30 days after the end of the 3-fiscal-year period de- scribed in the preceding sentence, any amount that is not obligated on the last day of such period shall be added to the amount that may be apportioned under this subsection in the next fiscal year. (9) PILOT PROGRAM FOR COST-EFFECTIVE CAP- ITAL INVESTMENT.— (A) IN GENERAL.—For each of fiscal years 2016 through 2020, the Secretary shall carry out a pilot program under which an eligible recipient (as described in paragraph (4)) in an urbanized area with population of not less than 200,000 and not more than 999,999 may elect to participate in a State pool in ac- cordance with this paragraph. (B) PURPOSE OF STATE POOLS.—The purpose of a State pool shall be to allow for transfers of formula grant funds made available under this subsection among the designated recipi- ents participating in the State pool in a manner that supports the transit asset man- agement plans of the designated recipients under section 5326. (C) REQUESTS FOR PARTICIPATION.—A State, and eligible recipients in the State described in subparagraph (A), may submit to the Sec- retary a request for participation in the pro- gram under procedures to be established by the Secretary. An eligible recipient for a multistate area may participate in only 1 State pool. (D) ALLOCATIONS TO PARTICIPATING STATES.—For each fiscal year, the Secretary Page 375 TITLE 49—TRANSPORTATION § 5339 shall allocate to each State participating in the program the total amount of funds that otherwise would be allocated to the urban- ized areas of the eligible recipients partici- pating in the State’s pool for that fiscal year pursuant to the formulas referred to in para- graph (5). (E) ALLOCATIONS TO ELIGIBLE RECIPIENTS IN STATE POOLS.—A State shall distribute the amount that is allocated to the State for a fiscal year under subparagraph (D) among the eligible recipients participating in the State’s pool in a manner that supports the transit asset management plans of the re- cipients under section 5326. (F) ALLOCATION PLANS.—A State partici- pating in the program shall develop an allo- cation plan for the period of fiscal years 2016 through 2020 to ensure that an eligible re- cipient participating in the State’s pool re- ceives under the program an amount of funds that equals the amount of funds that would have otherwise been available to the eligible recipient for that period pursuant to the formulas referred to in paragraph (5). (G) GRANTS.—The Secretary shall make grants under this subsection for a fiscal year to an eligible recipient participating in a State pool following notification by the State of the allocation amount determined under subparagraph (E). (10) MAXIMIZING USE OF FUNDS.— (A) IN GENERAL.—Eligible recipients and subrecipients under this subsection should, to the extent practicable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114–94). (B) WRITTEN EXPLANATION.—If an eligible recipient or subrecipient under this sub- section purchases less than 5 buses through a standalone procurement, the eligible re- cipient or subrecipient shall provide to the Secretary a written explanation regarding why the tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114–94) were not utilized. (b) BUSES AND BUS FACILITIES COMPETITIVE GRANTS.— (1) IN GENERAL.—The Secretary may make grants under this subsection to eligible recipi- ents (as described in subsection (a)(4)) to assist in the financing of buses and bus facilities cap- ital projects, including— (A) replacing, rehabilitating, purchasing, or leasing buses or related equipment; and (B) rehabilitating, purchasing, con- structing, or leasing bus-related facilities. (2) GRANT CONSIDERATIONS.—In making grants under this subsection, the Secretary shall consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities. (3) STATEWIDE APPLICATIONS.—A State may submit a statewide application on behalf of a public agency or private nonprofit organiza- tion engaged in public transportation in rural areas or other areas for which the State allo- cates funds. The submission of a statewide ap- plication shall not preclude the submission and consideration of any application under this subsection from other eligible recipients (as described in subsection (a)(4)) in an urban- ized area in a State. (4) REQUIREMENTS FOR THE SECRETARY.—The Secretary shall— (A) disclose all metrics and evaluation pro- cedures to be used in considering grant ap- plications under this subsection upon issuance of the notice of funding availability in the Federal Register; and (B) publish a summary of final scores for selected projects, metrics, and other evalua- tions used in awarding grants under this subsection in the Federal Register. (5) RURAL PROJECTS.— (A) IN GENERAL.—Subject to subparagraph (B), not less than 15 percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects in rural areas. (B) UNUTILIZED AMOUNTS.—The Secretary may use less than 15 percent of the amounts made available under this subsection in a fiscal year for the projects described in sub- paragraph (A) if the Secretary cannot meet the requirement of that subparagraph due to insufficient eligible applications. (6) GRANT REQUIREMENTS.— (A) IN GENERAL.—A grant under this sub- section shall be subject to the requirements of— (i) section 5307 for eligible recipients of grants made in urbanized areas; and (ii) section 5311 for eligible recipients of grants made in rural areas. (B) GOVERNMENT SHARE OF COSTS.—The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent. (7) AVAILABILITY OF FUNDS.—Any amounts made available to carry out this subsection— (A) shall remain available for 3 fiscal years after the fiscal year for which the amount is made available; and (B) that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year. (8) LIMITATION.—Of the amounts made avail- able under this subsection, not more than 10 percent may be awarded to a single grantee. (9) COMPETITIVE PROCESS.—The Secretary shall— (A) not later than 30 days after the date on which amounts are made available for obli- gation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and (B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of— (i) 75 days after the date on which the so- licitation expires; or (ii) the end of the fiscal year in which the Secretary solicited the grant applica- tions. (10) CONTINUED USE OF PARTNERSHIPS.— Page 376 TITLE 49—TRANSPORTATION § 5339 (A) IN GENERAL.—An eligible recipient of a grant under this subsection may submit an application in partnership with other enti- ties, including a transit vehicle manufac- turer that intends to participate in the im- plementation of a project under this sub- section and subsection (c). (B) COMPETITIVE PROCUREMENT.—Projects awarded with partnerships under this sub- section shall be considered to satisfy the re- quirement for a competitive procurement under section 5325. (11) MAXIMIZING USE OF FUNDS.— (A) IN GENERAL.—Eligible recipients under this subsection should, to the extent prac- ticable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114–94). (B) WRITTEN EXPLANATION.—If an eligible recipient under this subsection purchases less than 5 buses through a standalone pro- curement, the eligible recipient shall pro- vide to the Secretary a written explanation regarding why the tools authorized under section 3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114–94) were not utilized. (c) LOW OR NO EMISSION GRANTS.— (1) DEFINITIONS.—In this subsection— (A) the term ‘‘direct carbon emissions’’ means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency; (B) the term ‘‘eligible project’’ means a project or program of projects in an eligible area for— (i) acquiring low or no emission vehicles; (ii) leasing low or no emission vehicles; (iii) acquiring low or no emission vehi- cles with a leased power source; (iv) constructing facilities and related equipment for low or no emission vehicles; (v) leasing facilities and related equip- ment for low or no emission vehicles; (vi) constructing new public transpor- tation facilities to accommodate low or no emission vehicles; or (vii) rehabilitating or improving existing public transportation facilities to accom- modate low or no emission vehicles; (C) the term ‘‘leased power source’’ means a removable power source, as defined in sub- section (c)(3) of section 3019 of the Federal Public Transportation Act of 2015 that is made available through a capital lease under such section; (D) the term ‘‘low or no emission bus’’ means a bus that is a low or no emission ve- hicle; (E) the term ‘‘low or no emission vehicle’’ means— (i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, includ- ing direct carbon emissions, when com- pared to a comparable standard vehicle; or (ii) a zero emission vehicle used to pro- vide public transportation; (F) the term ‘‘recipient’’ means a des- ignated recipient, a local governmental au- thority, or a State that receives a grant under this subsection for an eligible project; and (G) the term ‘‘zero emission vehicle’’ means a low or no emission vehicle that pro- duces no carbon or particulate matter. (2) GENERAL AUTHORITY.—The Secretary may make grants to recipients to finance eligible projects under this subsection. (3) GRANT REQUIREMENTS.— (A) IN GENERAL.—A grant under this sub- section shall be subject to— (i) with respect to eligible recipients in urbanized areas, section 5307; and (ii) with respect to eligible recipients in rural areas, section 5311. (B) GOVERNMENT SHARE OF COSTS FOR CER- TAIN PROJECTS.—Section 5323(i) applies to el- igible projects carried out under this sub- section, unless the recipient requests a lower grant percentage. (C) COMBINATION OF FUNDING SOURCES.— (i) COMBINATION PERMITTED.—An eligible project carried out under this subsection may receive funding under section 5307 or any other provision of law. (ii) GOVERNMENT SHARE.—Nothing in this subparagraph shall be construed to alter the Government share required under paragraph (7), section 5307, or any other provision of law. (D) FLEET TRANSITION PLAN.—In awarding grants under this subsection or under sub- section (b) for projects related to zero emis- sion vehicles, the Secretary shall require the applicant to submit a zero emission transi- tion plan, which, at a minimum— (i) demonstrates a long-term fleet man- agement plan with a strategy for how the applicant intends to use the current appli- cation and future acquisitions; (ii) addresses the availability of current and future resources to meet costs; (iii) considers policy and legislation im- pacting technologies; (iv) includes an evaluation of existing and future facilities and their relationship to the technology transition; (v) describes the partnership of the appli- cant with the utility or alternative fuel provider of the applicant; and (vi) examines the impact of the transi- tion on the applicant’s current workforce by identifying skill gaps, training needs, and retraining needs of the existing work- ers of the applicant to operate and main- tain zero emission vehicles and related in- frastructure and avoids the displacement of the existing workforce. (4) COMPETITIVE PROCESS.—The Secretary shall— (A) not later than 30 days after the date on which amounts are made available for obli- gation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and (B) award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of— Page 377 TITLE 49—TRANSPORTATION § 5339 (i) 75 days after the date on which the so- licitation expires; or (ii) the end of the fiscal year in which the Secretary solicited the grant applica- tions. (5) CONSIDERATION.—In awarding grants under this subsection, the Secretary— (A) shall consider eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities that make greater reductions in energy consumption and harmful emissions, including direct car- bon emissions, than comparable standard buses or other low or no emission buses; and (B) shall, for no less than 25 percent of the funds made available to carry out this sub- section, only consider eligible projects re- lated to the acquisition of low or no emis- sion buses or bus facilities other than zero emission vehicles and related facilities. (6) AVAILABILITY OF FUNDS.—Any amounts made available to carry out this subsection— (A) shall remain available to an eligible project for 3 fiscal years after the fiscal year for which the amount is made available; and (B) that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year. (7) GOVERNMENT SHARE OF COSTS.— (A) IN GENERAL.—The Federal share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent. (B) NON-FEDERAL SHARE.—The non-Federal share of the cost of an eligible project car- ried out under this subsection may be de- rived from in-kind contributions. (8) CONTINUED USE OF PARTNERSHIPS.— (A) IN GENERAL.—A recipient of a grant under this subsection may submit an appli- cation in partnership with other entities, in- cluding a transit vehicle manufacturer, that intends to participate in the implementation of an eligible project under this subsection. (B) COMPETITIVE PROCUREMENT.—Eligible projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procure- ment under section 5325. (d) WORKFORCE DEVELOPMENT TRAINING ACTIVI- TIES.—5 percent of grants related to zero emis- sions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) shall be used by recipients to fund workforce de- velopment training, as described in section 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce under sub- section (c)(3)(D), unless the recipient certifies a smaller percentage is necessary to carry out that plan. (Added Pub. L. 108–7, div. I, title III, § 356, Feb. 20, 2003, 117 Stat. 421; amended Pub. L. 109–59, title III, § 3037(a), Aug. 10, 2005, 119 Stat. 1635; Pub. L. 112–141, div. B, § 20029(a), July 6, 2012, 126 Stat. 729; Pub. L. 113–159, title I, § 1204, Aug. 8, 2014, 128 Stat. 1847; Pub. L. 114–21, title I, § 1204, May 29, 2015, 129 Stat. 225; Pub. L. 114–41, title I, § 1204, July 31, 2015, 129 Stat. 452; Pub. L. 114–73, title I, § 1204, Oct. 29, 2015, 129 Stat. 575; Pub. L. 114–87, title I, § 1204, Nov. 20, 2015, 129 Stat. 684; Pub. L. 114–94, div. A, title III, § 3017(a), Dec. 4, 2015, 129 Stat. 1482; Pub. L. 117–58, div. C, § 30018, Nov. 15, 2021, 135 Stat. 915.) Editorial Notes REFERENCES IN TEXT Section 5338, referred to in subsec. (a)(5), was amend- ed generally by Pub. L. 117–58, div. C, § 30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338(a)(2)(L) no longer relates to allocations of funds to carry out sub- sec. (a) of this section, but such provision can be found elsewhere in section 5338. Section 3019 of the Federal Public Transportation Act of 2015, referred to in subsec. (c)(1)(C), is section 3019 of Pub. L. 114–94, which is set out as a note under section 5325 of this title. AMENDMENTS 2021—Subsec. (a)(5)(A). Pub. L. 117–58, § 30018(1)(A), substituted ‘‘$206,000,000 each fiscal year’’ for ‘‘$90,500,000 for each of fiscal years 2016 through 2020’’, ‘‘$4,000,000’’ for ‘‘$1,750,000’’, and ‘‘$1,000,000’’ for ‘‘$500,000’’. Subsec. (a)(10). Pub. L. 117–58, § 30018(1)(B), added par. (10). Subsec. (b)(5). Pub. L. 117–58, § 30018(2)(A), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: ‘‘Not less than 10 percent of the amounts made available under this subsection in a fis- cal year shall be distributed to projects in rural areas.’’ Subsec. (b)(9) to (11). Pub. L. 117–58, § 30018(2)(B), added pars. (9) to (11). Subsec. (c)(3)(A). Pub. L. 117–58, § 30018(3)(A)(i), amended subpar. (A) generally. Prior to amendment, text read as follows: ‘‘A grant under this subsection shall be subject to the requirements of section 5307.’’ Subsec. (c)(3)(D). Pub. L. 117–58, § 30018(3)(A)(ii), added subpar. (D). Subsec. (c)(5). Pub. L. 117–58, § 30018(3)(B), added par. (5) and struck out former par. (5), which required the Secretary to consider only certain eligible projects re- lating to the acquisition or leasing of low or no emis- sion buses or bus facilities. Subsec. (c)(8). Pub. L. 117–58, § 30018(3)(C), added par. (8). Subsec. (d). Pub. L. 117–58, § 30018(4), added subsec. (d). 2015—Pub. L. 114–94 amended section generally, sub- stituting provisions relating to grants for buses and bus facilities for provisions relating to bus and bus facili- ties formula grants. Subsec. (d)(1). Pub. L. 114–87 substituted ‘‘and $11,632,514 for the period beginning on October 1, 2015, and ending on December 4, 2015,’’ for ‘‘and $9,127,049 for the period beginning on October 1, 2015, and ending on November 20, 2015,’’, ‘‘$221,994 for such period’’ for ‘‘$174,180 for such period’’, and ‘‘$88,798 for such period’’ for ‘‘$69,672 for such period’’. Pub. L. 114–73 substituted ‘‘and $9,127,049 for the pe- riod beginning on October 1, 2015, and ending on No- vember 20, 2015,’’ for ‘‘and $5,189,891 for the period be- ginning on October 1, 2015, and ending on October 29, 2015,’’, ‘‘$174,180 for such period’’ for ‘‘$99,044 for such period’’, and ‘‘$69,672 for such period’’ for ‘‘$39,617 for such period’’. Pub. L. 114–41 substituted ‘‘each of fiscal years 2013 through 2015 and $5,189,891 for the period beginning on October 1, 2015, and ending on October 29, 2015,’’ for ‘‘each of fiscal years 2013 and 2014 and $54,553,425 for the period beginning on October 1, 2014, and ending on July 31, 2015,’’, ‘‘$99,044 for such period’’ for ‘‘$1,041,096 for such period’’, and ‘‘$39,617 for such period’’ for ‘‘$416,438 for such period’’. Page 378 TITLE 49—TRANSPORTATION § 5340 1 So in original. Probably should have been ‘‘section 5338(a)(2)(N)’’ in original. See References in Text note below. Pub. L. 114–21 substituted ‘‘and $54,553,425 for the pe- riod beginning on October 1, 2014, and ending on July 31, 2015,’’ for ‘‘and $43,606,849 for the period beginning on October 1, 2014, and ending on May 31, 2015,’’, ‘‘$1,041,096 for such period’’ for ‘‘$832,192 for such period’’, and ‘‘$416,438 for such period’’ for ‘‘$332,877 for such period’’. 2014—Subsec. (d)(1). Pub. L. 113–159 inserted ‘‘for each of fiscal years 2013 and 2014 and $43,606,849 for the period beginning on October 1, 2014, and ending on May 31, 2015,’’ after ‘‘$65,500,000’’, ‘‘for each such fiscal year and $832,192 for such period’’ after ‘‘$1,250,000’’, and ‘‘for each such fiscal year and $332,877 for such period’’ after ‘‘$500,000’’. 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to alternatives analysis program. 2005—Pub. L. 109–59 inserted section catchline and amended text generally. Prior to amendment, text read as follows: ‘‘Effective for funds not yet expended on the effective date of this section, the Federal share for funds under this chapter for a grantee named in section 603(14) of Public Law 97–468 shall be the same as the Federal share under 23 U.S.C. section 120(b) for Federal aid highway funds apportioned to the State in which it operates.’’ 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. § 5340. Apportionments based on growing States and high density States formula factors (a) DEFINITION.—In this section, the term ‘‘State’’ shall mean each of the 50 States of the United States. (b) ALLOCATION.—The Secretary shall appor- tion the amounts made available under section 5338(b)(2)(N) 1 in accordance with subsection (c) and subsection (d). (c) GROWING STATE APPORTIONMENTS.— (1) APPORTIONMENT AMONG STATES.—The amounts apportioned under subsection (b)(1) shall provide each State with an amount equal to the total amount apportioned multiplied by a ratio equal to the population of that State forecast for the year that is 15 years after the most recent decennial census, divided by the total population of all States forecast for the year that is 15 years after the most recent de- cennial census. Such forecast shall be based on the population trend for each State between the most recent decennial census and the most recent estimate of population made by the Secretary of Commerce. (2) APPORTIONMENTS BETWEEN URBANIZED AREAS AND OTHER THAN URBANIZED AREAS IN EACH STATE.— (A) IN GENERAL.—The Secretary shall ap- portion amounts to each State under para- graph (1) so that urbanized areas in that State receive an amount equal to the amount apportioned to that State multi- plied by a ratio equal to the sum of the fore- cast population of all urbanized areas in that State divided by the total forecast popu- lation of that State. In making the appor- tionment under this subparagraph, the Sec- retary shall utilize any available forecasts made by the State. If no forecasts are avail- able, the Secretary shall utilize data on ur- banized areas and total population from the most recent decennial census. (B) REMAINING AMOUNTS.—Amounts re- maining for each State after apportionment under subparagraph (A) shall be apportioned to that State and added to the amount made available for grants under section 5311. (3) APPORTIONMENTS AMONG URBANIZED AREAS IN EACH STATE.—The Secretary shall apportion amounts made available to urbanized areas in each State under paragraph (2)(A) so that each urbanized area receives an amount equal to the amount apportioned under paragraph (2)(A) multiplied by a ratio equal to the popu- lation of each urbanized area divided by the sum of populations of all urbanized areas in the State. Amounts apportioned to each ur- banized area shall be added to amounts appor- tioned to that urbanized area under section 5336, and made available for grants under sec- tion 5307. (d) HIGH DENSITY STATE APPORTIONMENTS.— Amounts to be apportioned under subsection (b)(2) shall be apportioned as follows: (1) ELIGIBLE STATES.—The Secretary shall designate as eligible for an apportionment under this subsection all States with a popu- lation density in excess of 370 persons per square mile. (2) STATE URBANIZED LAND FACTOR.—For each State qualifying for an apportionment under paragraph (1), the Secretary shall calculate an amount equal to— (A) the total land area of the State (in square miles); multiplied by (B) 370; multiplied by (C)(i) the population of the State in urban- ized areas; divided by (ii) the total population of the State. (3) STATE APPORTIONMENT FACTOR.—For each State qualifying for an apportionment under paragraph (1), the Secretary shall calculate an amount equal to the difference between the total population of the State less the amount calculated in paragraph (2). (4) STATE APPORTIONMENT.—Each State qualifying for an apportionment under para- graph (1) shall receive an amount equal to the amount to be apportioned under this sub- section multiplied by the amount calculated for the State under paragraph (3) divided by the sum of the amounts calculated under para- graph (3) for all States qualifying for an appor- tionment under paragraph (1). (5) APPORTIONMENTS AMONG URBANIZED AREAS IN EACH STATE.—The Secretary shall apportion amounts made available to each State under paragraph (4) so that each urbanized area re- ceives an amount equal to the amount appor- tioned under paragraph (4) multiplied by a ratio equal to the population of each urban-