Title 49, TransportationRelease 119-110

§5340 Apportionments Based on Growing States and High Density States Formula Factors

Title 49 › SUBTITLE III — GENERAL AND INTERMODAL PROGRAMS › CHAPTER 53 — PUBLIC TRANSPORTATION › § 5340

Last updated Sep 23, 2026|Official source

Summary

It tells how the money from a special pot is split between States. A "State" means each of the 50 States. The Secretary must divide the funds two ways: one for "growing State" needs and one for "high density" needs. For the growing-State share, each State gets a piece based on its forecasted population 15 years after the most recent decennial census. The forecast uses the trend from that census to the latest Commerce Department population estimate. Each State’s share = total growing-State money × (that State’s forecasted pop ÷ total forecasted pop for all States). Then each State’s amount is split between urbanized areas and the rest of the State by the forecasted urbanized-pop share; if the State has no forecast, the Secretary uses the last decennial census figures. Any money left for non-urban areas is added to funds for section 5311 grants. The urbanized-area money is further split among urbanized areas by their population share and added to amounts for section 5336 so it can be used for section 5307 grants. For the high-density share, States with more than 370 people per square mile are eligible. For each eligible State the Secretary computes: State land area × 370 × (urbanized pop ÷ total pop). That number is subtracted from the State’s total population to make a State apportionment factor. Each eligible State’s share = total high-density money × (that State’s apportionment factor ÷ sum of all such factors). The State’s amount is then split among its urbanized areas by population share and added to amounts for section 5336 and use under section 5307.

Full Legal Text

Title 49, §5340

Transportation, Source: USLM XML via OLRC

(a)Definition.—
In this section, the term “State” shall mean each of the 50 States of the United States.
(b)Allocation.—
The Secretary shall apportion the amounts made available under section 5338(b)(2)(N) 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 decennial 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 apportion amounts to each State under paragraph (1) so that urbanized areas in that State receive an amount equal to the amount apportioned to that State multiplied by a ratio equal to the sum of the forecast population of all urbanized areas in that State divided by the total forecast population of that State. In making the apportionment under this subparagraph, the Secretary shall utilize any available forecasts made by the State. If no forecasts are available, the Secretary shall utilize data on urbanized areas and total population from the most recent decennial census.
(B)Remaining amounts.—
Amounts remaining 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 population of each urbanized area divided by the sum of populations of all urbanized areas in the State. Amounts apportioned to each urbanized area shall be added to amounts apportioned to that urbanized area under section 5336, and made available for grants under section 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 population density in excess of 370 persons per square mile.
(2)State urbanized land factor.— (3) State apportionment factor.— (4) State apportionment.—
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 urbanized areas; divided by
(ii)the total population of the State.
(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 receives an amount equal to the amount apportioned under paragraph (4) multiplied by a ratio equal to the population of each urbanized area divided by the sum of populations of all urbanized areas in the State. Amounts apportioned to each urbanized area shall be added to amounts apportioned to that urbanized area under section 5336, and made available for grants under section 5307.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 5338, referred to in subsec. (b), was amended generally by Pub. L. 117–58, div. C, § 30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338(a)(2)(N), which was probably intended instead of the reference in the original to “section 5338(b)(2)(N)”, no longer relates to allocations of funds to carry out this section, but such provision can be found elsewhere in section 5338.

Amendments

2015—Subsec. (b). Pub. L. 114–94 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “Of the amounts made available for each fiscal year under section 5338(b)(2)(M), the Secretary shall apportion— “(1) 50 percent to States and urbanized areas in accordance with subsection (c); and “(2) 50 percent to States and urbanized areas in accordance with subsection (d).”

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

49 U.S.C. § 5340

Title 49, Transportation

Last Updated

Sep 23, 2026

Release point: 119-110