§5340 — Title 49 Transportation | U.S. Code

Summary

The Secretary must divide the money made available under section 5338(b)(2)(N) among the States based mainly on population forecasts and on a separate rule for very dense States. State means each of the 50 States of the United States. For the first formula, each State gets a share equal to its forecast population for the year 15 years after the most recent decennial census divided by the total forecast population for all States. That forecast is based on the trend from the last census to the most recent Commerce population estimate. Each State’s share is split so urbanized areas in the State get the portion equal to the forecast urbanized population share; the State may give the Secretary any forecasts to use, otherwise the Secretary uses the last census. Money left after giving urbanized areas is added to amounts for rural-area grants (section 5311). The urbanized-area money is then divided among the urbanized areas by their population shares and added to amounts under section 5336 for grants under section 5307. For the high-density formula, the Secretary first picks States with more than 370 persons per square mile. For each qualifying State the Secretary computes (a) total land area × 370 × (urbanized population ÷ total population), and then (b) the difference between the State’s total population and that computed amount. Each qualifying State gets a share of the high-density pool equal to its difference divided by the sum of all qualifying States’ differences. That State share is split among its urbanized areas by their population shares and added to amounts under section 5336 for grants under section 5307.

Title 49, §5340

Transportation — Source: USLM XML via OLRC

(a)In this section, the term “State” shall mean each of the 50 States of the United States.

(b)The Secretary shall apportion the amounts made available under section 5338(b)(2)(N) 11 So in original. Probably should have been “section 5338(a)(2)(N)” in original. See References in Text note below. in accordance with subsection (c) and subsection (d).

(c)(1)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)(A)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)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)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)Amounts to be apportioned under subsection (b)(2) shall be apportioned as follows:

(1)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)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.

(3)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)Each State qualifying for an apportionment under paragraph (1) shall receive an amount equal to the amount to be apportioned under this subsection multiplied by the amount calculated for the State under paragraph (3) divided by the sum of the amounts calculated under paragraph (3) for all States qualifying for an apportionment under paragraph (1).

(5)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.

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.

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