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U.S. Code as of:
01/19/04
Section 5336. Apportionment of appropriations for formula grants
(a) Based on Urbanized Area Population. - Of the amount made
available or appropriated under section 5338(a) of this title -
(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 latest United States
Government 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 Transportation, 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 Revenue Vehicle-Miles, Route-Miles,
and Passenger-Miles. - (1) In this subsection, "fixed guideway
revenue vehicle-miles" and "fixed guideway route-miles" include
ferry boat 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 revenue vehicle-miles attributable to the area, as
established by the Secretary of Transportation, divided by the
total number of all fixed guideway revenue vehicle-miles
attributable to all areas; and
(ii) 40 percent of the 95.61 percent apportioned under this
subparagraph multiplied by a ratio equal to the number of fixed
guideway route-miles attributable to the area, established by
the Secretary, divided by the total number of all fixed
guideway route-miles attributable to all areas.
An urbanized area with a population of at least 750,000 in which
commuter rail transportation is provided shall receive at least
.75 percent of the total amount apportioned under this
subparagraph.
(B) 4.39 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) the number of fixed guideway vehicle passenger-miles
traveled multiplied by the number of fixed guideway vehicle
passenger-miles traveled for each dollar of operating cost in
an area; divided by
(ii) the total number of fixed guideway vehicle
passenger-miles traveled multiplied by the total number of
fixed guideway vehicle passenger-miles traveled for each dollar
of operating cost in all areas.
An urbanized area with a population of at least 750,000 in which
commuter rail transportation is provided shall receive at least
.75 percent of the total amount apportioned under this
subparagraph.
(C) Under subparagraph (A) of this paragraph, fixed guideway
revenue vehicle- or route-miles, and passengers served on those
miles, in an urbanized area with a population of less than
200,000, where the miles and passengers served otherwise would be
attributable to an urbanized area with a population of at least
1,000,000 in an adjacent State, are attributable to the
governmental authority in the State in which the urbanized area
with a population of less than 200,000 is located. The authority
is deemed an urbanized area with a population of at least 200,000
if the authority makes a contract for the service.
(D) A recipient's apportionment under subparagraph (A)(i) of
this paragraph may not be reduced if the recipient, after
satisfying the Secretary of Transportation that energy or
operating efficiencies would be achieved, reduces revenue
vehicle-miles but provides the same frequency of revenue service
to the same number of riders.
(c) Based on Bus Revenue Vehicle-Miles and Passenger-Miles. - Of
the amount apportioned under subsection (a)(2) of this section,
66.71 percent shall be apportioned as follows:
(1) 90.8 percent of the total amount apportioned under this
subsection shall be apportioned as follows:
(A) 73.39 percent of the 90.8 percent apportioned under this
paragraph shall be apportioned so that each urbanized area with
a population of at least 1,000,000 is entitled to receive an
amount equal to -
(i) 50 percent of the 73.39 percent apportioned under this
subparagraph multiplied by a ratio equal to the total bus
revenue vehicle-miles operated in or directly serving the
urbanized area divided by the total bus revenue vehicle-miles
attributable to all areas;
(ii) 25 percent of the 73.39 percent apportioned under this
subparagraph multiplied by a ratio equal to the population of
the area divided by the total population of all areas, as
shown by the latest Government census; and
(iii) 25 percent of the 73.39 percent apportioned under
this subparagraph multiplied by a ratio for the area based on
population weighted by a factor, established by the Secretary
of Transportation, of the number of inhabitants in each
square mile.
(B) 26.61 percent of the 90.8 percent apportioned under this
paragraph shall be apportioned so that each urbanized area with
a population of at least 200,000 but not more than 999,999 is
entitled to receive an amount equal to -
(i) 50 percent of the 26.61 percent apportioned under this
subparagraph multiplied by a ratio equal to the total bus
revenue vehicle-miles operated in or directly serving the
urbanized area divided by the total bus revenue vehicle-miles
attributable to all areas;
(ii) 25 percent of the 26.61 percent apportioned under this
subparagraph multiplied by a ratio equal to the population of
the area divided by the total population of all areas, as
shown by the latest Government census; and
(iii) 25 percent of the 26.61 percent apportioned under
this subparagraph multiplied by a ratio for the area based on
population weighted by a factor, established by the Secretary
of Transportation, of the number of inhabitants in each
square mile.
(2) 9.2 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 -
(A) the number of bus passenger-miles traveled multiplied by
the number of bus passenger-miles traveled for each dollar of
operating cost in an area; divided by
(B) the total number of bus passenger-miles traveled
multiplied by the total number of bus passenger-miles traveled
for each dollar of operating cost in all areas.
(d) [Reserved.]
(e) Date of Apportionment. - The Secretary of Transportation
shall -
(1) apportion amounts appropriated under subsections (a) and
(h)(2) of section 5338 of this title to carry out section 5307 of
this title not later than the 10th day after the date the amounts
are appropriated or October 1 of the fiscal year for which the
amounts are appropriated, whichever is later; and
(2) publish apportionments of the amounts, including amounts
attributable to each urbanized area with a population of more
than 50,000 and amounts attributable to each State of a
multistate urbanized area, on the apportionment date.
(f) Amounts Not Apportioned to Designated Recipients. - The chief
executive officer of a State may expend in an urbanized area with a
population of less than 200,000 an amount apportioned under this
section that is not apportioned to a designated recipient as
defined in section 5307(a) of this title.
(g) Transfers of Apportionments. - (1) The chief executive
officer of a State may transfer any part of the State's
apportionment under subsection (a)(1) of this section to supplement
amounts apportioned to the State under section 5311(c) of this
title or amounts apportioned to urbanized areas under this
subsection. The chief executive officer may make a transfer only
after consulting with responsible local officials and publicly
owned operators of mass transportation in each area for which the
amount originally was apportioned under this section.
(2) The chief executive officer of a State may transfer any part
of the State's apportionment under section 5311(c) of this title to
supplement amounts apportioned to the State under subsection (a)(1)
of this section.
(3) The chief executive officer of a State may use throughout the
State amounts of a State's apportionment remaining available for
obligation at the beginning of the 90-day period before the period
of the availability of the amounts expires.
(4) A designated recipient for an urbanized area with a
population of at least 200,000 may transfer a part of its
apportionment under this section to the chief executive officer of
a State. The chief executive officer shall distribute the
transferred amounts to urbanized areas under this section.
(5) Capital and operating assistance limitations applicable to
the original apportionment apply to amounts transferred under this
subsection.
(h) Changes of Apportionments. - If sufficient amounts are
available, the Secretary of Transportation shall change
apportionments under this section between the Mass Transit Account
of the Highway Trust Fund and the general fund to ensure that each
recipient receives from the general fund at least as much operating
assistance made available each fiscal year under this section as
the recipient is eligible to receive.
(i) Period of Availability to Recipients. - An amount apportioned
under this section may be obligated by the recipient for 3 years
after the fiscal year in which the amount is apportioned. Not later
than 30 days after the end of the 3-year period, an amount that is
not obligated at the end of that period shall be added to the
amount that may be apportioned under this section in the next
fiscal year.
(j) Application of Other Sections. - Sections 5302, 5318,
5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to
this section and to a grant made under this section. Except as
provided in this section, no other provision of this chapter
applies to this section or to a grant made under this section.
(k) Certain Urbanized Areas Grandfathered. - An area designated
an urbanized area under the 1980 census and not designated an
urbanized area under the 1990 census for the fiscal year ending
September 30, 1993, is eligible to receive -
(1) 50 percent of the amount the area would have received if
the area had been an urbanized area as defined by section
5302(a)(13) (!1) of this title; and
(2) an amount equal to 50 percent of the amount that the State
in which the area is located would have received if the area had
been an area other than an urbanized area.
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