49 USC § 5339 - Alternatives analysis program | Title 49 - Transportation | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 112-283. (See Public Laws for the current Congress.)

(a) General Authority.— The Secretary may make grants under this section to assist eligible recipients described in subsection (c)(1) in financing capital projects—

(1) to replace, rehabilitate, and purchase buses and related equipment; and

(2) to construct bus-related facilities.

(b) Grant Requirements.— The requirements of section 5307 apply to recipients of grants made under this section.

(c) Eligible Recipients and Subrecipients.—

(1) Recipients.— Eligible recipients under this section are designated recipients that operate fixed route bus service or that allocate funding to fixed route bus operators.

(2) Subrecipients.— A designated recipient that receives a grant under this section may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation.

(d) Distribution of Grant Funds.— Funds allocated under section 5338 (a)(2)(J) shall be distributed as follows:

(1) National distribution.— $65,500,000 shall be allocated to all States and territories, with each State receiving $1,250,000 and each territory receiving $500,000.

(2) Distribution using population and service factors.— The remainder of the funds not otherwise distributed under paragraph (1) shall be allocated pursuant to the formula set forth in section 5336 other than subsection (b).

(e) Transfers of Apportionments.—

(1) Transfer flexibility for national distribution funds.— The Governor of a State may transfer any part of the State’s apportionment under subsection (d)(1) to supplement amounts apportioned to the State under section 5311 (c) of this title or amounts apportioned to urbanized areas under subsections (a) and (c) ofsection 5336 of this title.

(2) 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 subsection (d)(2) that are not allocated to designated recipients in urbanized areas with a population of 200,000 or more.

(f) Government’s Share of Costs.—

(1) Capital projects.— A grant for a capital project under this section shall be for 80 percent of the net capital costs of the project. A recipient of a grant under this section may provide additional local matching amounts.

(2) Remaining costs.— The remainder of the net project cost shall be provided—

(A) in cash from non-Government sources other than revenues from providing public transportation services;

(B) from revenues derived from the sale of advertising and concessions;

(C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; or

(D) from amounts received under a service agreement with a State or local social service agency or private social service organization.

(g) Period of Availability to Recipients.— Amounts made available under this section may be obligated by a 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 described in the preceding sentence, any amount that is not obligated on the last day of that period shall be added to the amount that may be apportioned under this section in the next fiscal year.

(h) Definitions.— For purposes of this section:

(1) The term “State” means a State of the United States.

(2) The term “territory” means the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.

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(a) Grants and Agreements.— Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities to develop alternatives analyses as defined by section 5309 (a)(1).

(b) Government’s Share of Costs.— The Government’s 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.

(c) Availability of Funds.— An amount made available or appropriated under section 5338 (b)(2)(L) for this section shall remain available for 3 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any of such amounts that are unobligated at the end of the 3-fiscal-year period may be used by the Secretary for any purpose under this section.

Source

(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.)

Amendments

2005—Pub. L. 109–59inserted 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) ofPublic 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.”

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

How To Use

Multiple entries for a section are listed most recent first, within the section.

The Session Year indicates which session of Congress was responsible for the changes classified. The Congress number forms the first part of the Public Law number; each Congress has two sessions.

Abbreviations used in the Description of Change column:

An empty field implies a standard amendment.
"new" means a new section or new note, or all new text of an existing section or note.
"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

The Public Law field is linked to the development of the law in the Thomas system at the Library of Congress.

The Statutes at Large field is linked to the text of the law, in the context of its volume of the Statutes at Large, at the Government Printing Office. Please note that it takes a while for these pages to get posted, so for very recent legislation, you need to look at the "enrolled" version at the Thomas site.

The Statutes at Large references have been rendered in the format used as page numbers in the Public Law web pages to which we link, to facilitate copy-paste into browser "find on this (web) page" tools. We are still working on a more direct link facility.

For serious comparison work, we suggest copying all or a portion of the Public Law text into your favorite text editor, for convenient content traversal and window control.

Sections with change type "new" are a special case, still under development. All are now listed, at the title level only.

You will find that occassionally a specific update you notice in a Public Law listed in a classification table will already have made it into the Code. We assume this is an artifact of the LRC edit process. The LII does not edit the LRC content.

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General Reference

Refer to the LRC (Law Revision Council) for explanations about the US Code from the folks who put it all together.

You can look for information about what it is and is not, which titles are positive law, the schedule of Supplements, etc. Under download you can find the source data we use here (GPO locator files), as well as, PDF files that look just like the paper books (these may be rather large).

Refer to the Thomas site for changes that have not yet made it into the classification tables.

49 USC	Description of Change	Session Year	Public Law	Statutes at Large
§ 5339	gen amd	2012	112-141 [Sec.] 20029(a)	126 Stat. 729

49 USC § 5339 - Alternatives analysis program

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