§5305 — Title 49 Transportation | U.S. Code

Summary

The Secretary can give grants and make agreements with States, state agencies, metropolitan planning organizations (MPOs), local governments, and other federal agencies to create transportation plans, design and evaluate public transit projects, and run technical studies. Grants can pay for studies about planning, operations, capital needs, and economic feasibility; reviews of past projects; information sharing and peer reviews among planners; and other work that leads up to building or improving transit systems. The word State here means a U.S. State, the District of Columbia, and Puerto Rico. Money for these planning programs is split and given out by formulas based on the latest decennial census counts of urbanized-area populations. Of the funds under 5338(a)(2)(A) for a year, 82.72% go to the metropolitan planning program and 17.28% go to the other planning grants. From the metropolitan planning share, 80% is divided among States by urbanized-area population (no State gets less than 0.5%), and the State must pass its share to MPOs within 30 days using a formula it makes with MPOs and the Secretary approves. The remaining 20% of that metropolitan share is set aside to help MPOs with higher planning costs in some urban areas. The other 17.28% is also apportioned by urbanized-area population (minimum 0.5%) and may be used to boost the metropolitan amounts. The federal government normally pays up to 80% of project costs, but in lower-density or lower-income parts of urban or rural areas the federal share must be at least 90%; if a higher share is used, the State or MPO must report how it helps commuting and essential travel. Any funds not obligated within 3 years after the fiscal year they were authorized are reapportioned to other States.

Title 49, §5305

Transportation — Source: USLM XML via OLRC

(a)In this section, the term “State” means a State of the United States, the District of Columbia, and Puerto Rico.

(b)(1)Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities, and make agreements with other departments, agencies, or instrumentalities of the Government to—

(A)develop transportation plans and programs;

(B)plan, engineer, design, and evaluate a public transportation project; and

(C)conduct technical studies relating to public transportation.

(2)Activities eligible under paragraph (1) include the following:

(A)Studies related to management, planning, operations, capital requirements, and economic feasibility.

(B)Evaluating previously financed projects.

(C)Peer reviews and exchanges of technical data, information, assistance, and related activities in support of planning and environmental analyses among metropolitan planning organizations and other transportation planners.

(D)Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.

(c)To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and section 5303, 5304, and 5306 are used to support balanced and comprehensive transportation planning that considers the relationships among land use and all transportation modes, without regard to the programmatic source of the planning amounts.

(d)(1)(A)The Secretary shall apportion 80 percent of the amounts made available under subsection (g)(1) among the States to carry out section 5303 and 5306 in the ratio that—

(i)the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to

(ii)the total population of urbanized areas in all States, as shown by that census.

(B)Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.

(2)Amounts apportioned to a State under paragraph (1) shall be made available, not later than 30 days after the date of apportionment, to metropolitan planning organizations in the State designated under this section under a formula that—

(A)considers population of urbanized areas;

(B)provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section;

(C)the State develops in cooperation with the metropolitan planning organizations; and

(D)the Secretary approves.

(3)(A)The Secretary shall apportion 20 percent of the amounts made available under subsection (g)(1) among the States to supplement allocations made under paragraph (1) for metropolitan planning organizations.

(B)The Secretary shall apportion amounts referred to in subparagraph (A) under a formula that reflects the additional cost of carrying out planning, programming, and project selection responsibilities under section 5303 and 5306 in certain urbanized areas.

(e)(1)(A)The Secretary shall apportion the amounts made available under subsection (g)(2) among the States for grants and contracts to carry out this section and section 5304 and 5306 in the ratio that—

(i)the population of urbanized areas in each State, as shown by the latest available decennial census; bears to

(ii)the population of urbanized areas in all States, as shown by that census.

(B)Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph.

(2)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)(1)Except as provided in paragraph (2), the Government share of the cost of an activity funded using amounts made available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government—

(A)not to require a State or local match; or

(B)to allow a Government share greater than 80 percent.

(2)(A)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)A State or metropolitan planning organization that carries out an activity described in subparagraph (A) with an increased Government share described in that subparagraph shall report to the Secretary, in a form as determined by the Secretary, how the increased Government share for transportation planning activities benefits commuting and other essential travel in parts of the applicable urbanized area or rural area described in subparagraph (A) with lower population density or lower average income levels.

(g)Of the funds made available by or appropriated to carry out this section under section 5338(a)(2)(A) for a fiscal year—

(1)82.72 percent shall be available for the metropolitan planning program under subsection (d); and

(2)17.28 percent shall be available to carry out subsection (e).

(h)Funds apportioned under this section to a State that have not been obligated in the 3-year period beginning after the last day of the fiscal year for which the funds are authorized shall be reapportioned among the States.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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; restated 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 “appropriate” 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), substituted “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 available under this section may not exceed 80 percent of the cost of the activity unless the Secretary determines that it is in the interests of the Government 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 “section 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 provisions. 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 Termination 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 programs 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 follows: “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 executive officer and the metropolitan organization designated for the area or the affected local officials.” Subsec. (b). Pub. L. 105–178, § 3006(b), inserted “affected” 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 section 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 metropolitan planning organization designated for a transportation 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 management area, the State shall select the projects to be carried out in the area of the National Highway System or under the Bridge and Interstate Maintenance programs.” 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 carrying out its responsibilities, the Secretary may withhold any part of the apportionment under section 104(b)(3) of title 23 attributed to the relevant metropolitan 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 withheld. 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 AmendmentAmendment by section 20030(a) of Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as a note under section 101 of Title 23, Highways. Pub. L. 112–141, div. G, title IV, § 114001, July 6, 2012, 126 Stat. 988, provided that: “This division [amending this section and section 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 section 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 executed 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 AmendmentTitle 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.

§5305 Planning programs

Summary

Title 49, §5305

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Amendments

Amendments

Effective Date

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