CHAPTER 53 - PUBLIC TRANSPORTATION

Title 49 > CHAPTER 53

Sections (39)

§ 5301 Policies and purposes

(a) Declaration of Policy.— It is in the interest of the United States, including the economic interest of the United States, to foster the development and revitalization of public transportation systems with the cooperation of both public transportation companies and private companies engaged in public transportation.

(b) General Purposes.— The purposes of this chapter are to— provide funding to support public transportation; improve the development and delivery of capital projects; establish standards for the state of good repair of public transportation infrastructure and vehicles; promote continuing, cooperative, and comprehensive planning that improves the performance of the transportation network; establish a technical assistance program to assist recipients under this chapter to more effectively and efficiently provide public transportation service; continue Federal support for public transportation providers to deliver high quality service to all users, including individuals with disabilities, seniors, and individuals who depend on public transportation; support research, development, demonstration, and deployment projects dedicated to assisting in the delivery of efficient and effective public transportation service; and promote the development of the public transportation workforce.

§ 5302 Definitions

Except as otherwise specifically provided, in this chapter the following definitions apply: The term “assault on a transit worker” means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker. The term “associated transit improvement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are— historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service; bus shelters; functional landscaping and streetscaping, including benches, trash receptacles, and street lights; pedestrian access and walkways; bicycle access, including bicycle storage shelters and parking facilities and the installation of equipment for transporting bicycles on public transportation vehicles; signage; or enhanced access for persons with disabilities to public transportation. The term “bus rapid transit system” means a bus transit system— in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and that includes features that emulate the services provided by rail fixed guideway public transportation systems, including— defined stations; traffic signal priority for public transportation vehicles; short headway bidirectional services for a substantial part of weekdays and weekend days; and any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems. The term “capital project” means a project for— acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; rehabilitating a bus; remanufacturing a bus; overhauling rail rolling stock; preventive maintenance; leasing equipment or a facility for use in public transportation; a joint development improvement that— enhances economic development or incorporates private investment, such as commercial and residential development; enhances the effectiveness of public transportation and is related physically or functionally to public transportation; or establishes new or enhanced coordination between public transportation and other transportation; provides a fair share of revenue that will be used for public transportation; provides that if equipment to fuel privately owned zero-emission passenger vehicles is installed, the recipient of assistance under this chapter shall collect fees from users of the equipment in order to recover the costs of construction, maintenance, and operation of the equipment; provides that a person making an agreement to occupy space in a facility constructed under this paragraph shall pay a fair share of the costs of the facility through rental payments and other means; and may include— property acquisition; demolition of existing structures; site preparation; utilities; building foundations; walkways; pedestrian and bicycle access to a public transportation facility; construction, renovation, and improvement of intercity bus and intercity rail stations and terminals; renovation and improvement of historic transportation facilities; open space; safety and security equipment and facilities (including lighting, surveillance, and related intelligent transportation system applications); facilities that incorporate community services such as daycare or health care; a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; construction of space for commercial uses; and technology to fuel a zero-emission vehicle; the introduction of new technology, through innovative and improved products, into public transportation; the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12143 ), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts— not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311; or not to exceed 20 percent of such recipient’s annual formula apportionment under sections 5307 and 5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least 2 of the following requirements: Provides an active fixed route travel training program that is available for riders with disabilities. Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis. Has memoranda of understanding in place with employers and the American Job Center to increase access to employment opportunities for people with disabilities. establishing a debt service reserve, made up of deposits with a bondholder’s trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter; mobility management— consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but excluding operating public transportation services; associated capital maintenance, including— equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used; associated transit improvements; or technological changes or innovations to modify low or no emission vehicles (as defined in section 5339(c)) or facilities. The term “designated recipient” means— an entity designated, in accordance with the planning process under sections 5303 and 5304, by the Governor of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 to urbanized areas of 200,000 or more in population; or a State or regional authority, if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation. The term “disability” has the same meaning as in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). The term “emergency regulation” means a regulation— that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(c); and prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation— would injure seriously an important public interest; would frustrate substantially legislative policy and intent; or would damage seriously a person or class without serving an important public interest. The term “fixed guideway” means a public transportation facility— using and occupying a separate right-of-way for the exclusive use of public transportation; using rail; using a fixed catenary system; for a passenger ferry system; or for a bus rapid transit system. The term “Governor”— means the Governor of a State, the mayor of the District of Columbia, and the chief executive officer of a territory of the United States; and includes the designee of the Governor. The term “job access and reverse commute project” means a transportation project to finance planning, capital, and operating costs that support the development and maintenance of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment, including transportation projects that facilitate the provision of public transportation services from urbanized areas and rural areas to suburban employment locations. In this paragraph: The term “eligible low-income individual” means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Service Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by that section) for a family of the size involved. The term “welfare recipient” means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.) at any time during the 3-year period before the date on which the applicant applies for a grant under section 5307 or 5311. The term “local governmental authority” includes— a political subdivision of a State; an authority of at least 1 State or political subdivision of a State; an Indian tribe; and a public corporation, board, or commission established under the laws of a State. The term “low-income individual” means an individual whose family income is at or below 150 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by that section, for a family of the size involved. The term “net project cost” means the part of a project that reasonably cannot be financed from revenues. The term “new bus model” means a bus model (including a model using alternative fuel)— that has not been used in public transportation in the United States before the date of production of the model; or used in public transportation in the United States, but being produced with a major change in configuration or components. The term “public transportation”— means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and does not include— intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity); intercity bus service; charter bus service; school bus service; sightseeing service; courtesy shuttle service for patrons of one or more specific establishments; or intra-terminal or intra-facility shuttle services. The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter. The term “rural area” means an area encompassing a population of less than 50,000 people that has not been designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce. The term “Secretary” means the Secretary of Transportation. The term “senior” means an individual who is 65 years of age or older. The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. The term “state of good repair” has the meaning given that term by the Secretary, by rule, under section 5326(b). The term “transit” means public transportation. The term “urban area” means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality. The term “urbanized area” means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce. The term “value capture” means recovering the increased property value to property located near public transportation resulting from investments in public transportation. ( Pub. L. 103–272, § 1(d) , July 5, 1994 , 108 Stat. 786 ; Pub. L. 103–331, title III, § 335A , Sept. 30, 1994 , 108 Stat. 2495 ; Pub. L. 104–50, title III, § 333(a) , Nov. 15, 1995 , 109 Stat. 457 ; Pub. L. 104–287, § 6(c) , Oct. 11, 1996 , 110 Stat. 3398 ; Pub. L. 105–102, § 3(a) , Nov. 20, 1997 , 111 Stat. 2214 ; Pub. L. 105–178, title III, § 3003 , June 9, 1998 , 112 Stat. 338 ; Pub. L. 105–206, title IX, § 9009(a) , July 22, 1998 , 112 Stat. 852 ; Pub. L. 109–59, title III , §§ 3002(b)(4), 3004, Aug. 10, 2005 , 119 Stat. 1545 ; Pub. L. 110–244, title II, § 201(a) , June 6, 2008 , 122 Stat. 1609 ; Pub. L. 112–141, div. B, § 20004 , July 6, 2012 , 126 Stat. 623 ; Pub. L. 114–94, div. A, title III, § 3002 , Dec. 4, 2015 , 129 Stat. 1446 ; Pub. L. 117–58, div. C, § 30001(a) , Nov. 15, 2021 , 135 Stat. 889 .)

§ 5303 Metropolitan transportation planning

(a) Policy.— It is in the national interest— to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d).

(b) Definitions.— In this section and section 5304, the following definitions apply: The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d). The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas. The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. The term “regional transportation planning organization” means a policy board of an organization established as the result of a designation under section 5304( l ). The term “TIP” means a transportation improvement program developed by a metropolitan planning organization under subsection (j). The term “urbanized area” means a geographic area with a population of 50,000 or more, as determined by the Bureau of the Census.

(c) General Requirements.— To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State. The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.

(d) Designation of Metropolitan Planning Organizations.— To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals— by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as determined by the Bureau of the Census); or in accordance with procedures established by applicable State or local law. Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2012, each metropolitan planning organization that serves an area designated as a transportation management area shall consist of— local elected officials; officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and appropriate State officials. Designation or selection of officials or representatives under paragraph (2) shall be determined by the metropolitan planning organization according to the bylaws or enabling statute of the organization. Subject to the bylaws or enabling statute of the metropolitan planning organization, a representative of a provider of public transportation may also serve as a representative of a local municipality. An official described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate with other officials described in paragraph (2). In designating officials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area. Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991 , of a public agency with multimodal transportation responsibilities— to develop the plans and TIPs for adoption by a metropolitan planning organization; and to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (6). A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as determined by the Bureau of the Census) as appropriate to carry out this section. A metropolitan planning organization may be restructured to meet the requirements of paragraph (2) without undertaking a redesignation. More than 1 metropolitan planning organization may be designated within an existing urbanized area (as defined by the Bureau of the Census) only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the area make designation of more than 1 metropolitan planning organization for the area appropriate.

(e) Metropolitan Planning Area Boundaries.— For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor. Each metropolitan planning area— shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization. Notwithstanding paragraph (2), except as provided in subparagraph (B), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act ( 42 U.S.C. 7401 et seq.) as of the date of enactment of the SAFETEA–LU, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained. The boundaries described in subparagraph (A) may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(6). In the case of an urbanized area designated after the date of enactment of the SAFETEA–LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— shall be established in the manner described in subsection (d)(1); shall encompass the areas described in paragraph (2)(A); may encompass the areas described in paragraph (2)(B); and may address any nonattainment area identified under the Clean Air Act ( 42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.

(f) Coordination in Multistate Areas.— The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. The consent of Congress is granted to any 2 or more States— to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.

(g) MPO Consultation in Plan and TIP Coordination.— If more than 1 metropolitan planning organization has authority within an urbanized area (as defined by the Bureau of the Census) or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act ( 42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. If a transportation improvement, funded under this chapter or title 23, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement. The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, housing, tourism, natural disaster risk reduction, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by— recipients of assistance under this chapter; governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and recipients of assistance under section 204 of title 23 . If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting travel demand. Nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.

(h) Scope of Planning Process.— The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will— support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; increase the safety of the transportation system for motorized and nonmotorized users; increase the security of the transportation system for motorized and nonmotorized users; increase the accessibility and mobility of people and for freight; protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth, housing, and economic development patterns; enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; promote efficient system management and operation; emphasize the preservation of the existing transportation system; and improve the resiliency and reliability of the transportation system. The metropolitan transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of title 23 and the general purposes described in section 5301. Each metropolitan planning organization shall establish performance targets that address the performance measures described in section 150(c) of title 23 , where applicable, to use in tracking progress towards attainment of critical outcomes for the region of the metropolitan planning organization. Selection of performance targets by a metropolitan planning organization shall be coordinated with the relevant State to ensure consistency, to the maximum extent practicable. Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d). Each metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public transportation establishes the performance targets. A metropolitan planning organization shall integrate in the metropolitan transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in other State transportation plans and transportation processes, as well as any plans developed by recipients of assistance under this chapter, required as part of a performance-based program. The failure to consider any factor specified in paragraphs (1) and (2) shall not be reviewable by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process.

(i) Development of Transportation Plan.— Each metropolitan planning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection. The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following: Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) ). Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act ( 42 U.S.C. 7407(d)(3) ) and that is subject to a maintenance plan under section 175A of that Act ( 42 U.S.C. 7505a ). In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently. A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following: An identification of transportation facilities (including major roadways, public transportation facilities, intercity bus facilities, multimodal and intermodal facilities, nonmotorized transportation facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors relate to a 20-year forecast period. A description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (h)(2). A system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (h)(2), including— progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets. A long-range transportation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan. The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. A financial plan that— demonstrates how the adopted transportation plan can be implemented; indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation. Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure, provide for multimodal capacity increases based on regional priorities and needs, and reduce the vulnerability of the existing transportation infrastructure to natural disasters. Proposed transportation and transit enhancement activities, including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated. In metropolitan areas that are in nonattainment for ozone or carbon monoxide under the Clean Air Act ( 42 U.S.C. 7401 et seq.), the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by that Act. A metropolitan planning organization may, while fitting the needs and complexity of its community, voluntarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B). A metropolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider— potential regional investment strategies for the planning horizon; assumed distribution of population and employment; assumed distribution of population and housing; a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2); a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible; revenue constrained scenarios based on the total revenues expected to be available over the forecast period of the plan; and estimated costs and potential revenues available to support each scenario. In addition to the performance measures identified in section 150(c) of title 23 , metropolitan planning organizations may evaluate scenarios developed under this paragraph using locally-developed measures. In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a long-range transportation plan. The consultation shall involve, as appropriate— comparison of transportation plans with State conservation plans or maps, if available; or comparison of transportation plans to inventories of natural or historic resources, if available. Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, providers of freight transportation services, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, affordable housing organizations, and other interested parties with a reasonable opportunity to comment on the transportation plan. A participation plan— shall be developed in consultation with all interested parties; and shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan. In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable— hold any public meetings at convenient and accessible locations and times; employ visualization techniques to describe plans; and make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). A metropolitan planning organization may use social media and other web-based tools— to further encourage public participation; and to solicit public feedback during the transportation planning process. A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish. Notwithstanding paragraph (2)(E), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(E).

(j) Metropolitan TIP.— In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the metropolitan planning area that— contains projects consistent with the current metropolitan transportation plan; reflects the investment priorities established in the current metropolitan transportation plan; and once implemented, is designed to make progress toward achieving the performance targets established under subsection (h)(2). In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. The TIP shall be— updated at least once every 4 years; and approved by the metropolitan planning organization and the Governor. The TIP shall include a priority list of proposed Federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP. The TIP shall include a financial plan that— demonstrates how the TIP can be implemented; indicates resources from public and private sources that are reasonably expected to be available to carry out the program; identifies innovative financing techniques to finance projects, programs, and strategies; and may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available. Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. The transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated effect of the transportation improvement program toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to those performance targets. A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under this chapter and chapter 1 of title 23. Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program. Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area. The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase within the time period contemplated for completion of the project or the identified phase. Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of Federally funded projects in metropolitan areas shall be carried out, from the approved TIP— by— in the case of projects under title 23, the State; and in the case of projects under this chapter, the designated recipients of public transportation funding; and in cooperation with the metropolitan planning organization. Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program. Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. The listing shall be consistent with the categories identified in the TIP.

(k) Transportation Management Areas.— The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals. The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. In a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators. Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23 through the use of travel demand reduction (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects, and operational management strategies. The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area. A metropolitan planning organization serving a transportation management area may develop a plan that includes projects and strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall— develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households; identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and identify proposed projects and programs to reduce congestion and increase job access opportunities. In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with employers, private and non-profit providers of public transportation, transportation management organizations, and organizations that provide job access reverse commute projects or job-related services to low-income individuals. Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23. In carrying out the process described in subparagraph (A), a metropolitan planning organization may— consult with— State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and other appropriate public or private entities; and coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing affordability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ) and plans developed under section 5A of the United States Housing Act of 1937 ( 42 U.S.C. 1437c–1 ). A metropolitan planning organization serving a transportation management area may develop a housing coordination plan that includes projects and strategies that may be considered in the metropolitan transportation plan of the metropolitan planning organization. A plan described in clause (i) may— develop regional goals for the integration of housing, transportation, and economic development strategies to— better connect housing and employment while mitigating commuting times; align transportation improvements with housing needs, such as housing supply shortages, and proposed housing development; align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area; expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate, including higher-density development, as locally determined; manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development; increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area; identify the location of existing and planned housing and employment, and transportation options that connect housing and employment; and include a comparison of transportation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership and housing development. All Federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under title 23 (excluding projects carried out on the National Highway System) or under this chapter shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator. Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area. The Secretary shall— ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process. The Secretary may make the certification under subparagraph (A) if— the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor. If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this chapter and title 23. The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.

(l) Report on Performance-based Planning Processes.— The Secretary shall submit to Congress a report on the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the requirements of this subsection. Not later than 5 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to Congress a report evaluating— the overall effectiveness of performance-based planning as a tool for guiding transportation investments; the effectiveness of the performance-based planning process of each metropolitan planning organization under this section; the extent to which metropolitan planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area with a population of 200,000 or less and their ability to carry out the requirements of this section. The report under paragraph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.

(m) Abbreviated Plans for Certain Areas.— Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act ( 42 U.S.C. 7401 et seq.).

(n) Additional Requirements for Certain Nonattainment Areas.— Notwithstanding any other provisions of this chapter or title 23, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act ( 42 U.S.C. 7401 et seq.), Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e).

(o) Limitation on Statutory Construction.— Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this chapter or title 23.

(p) Funding.— Funds apportioned under section 104(b)(6) of title 23 or section 5305(g) shall be available to carry out this section.

(q) Continuation of Current Review Practice.— Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under that Act as of January 1, 1997 , any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under that Act.

(r) Bi-State Metropolitan Planning Organization.— In this subsection, the term “Bi-State Metropolitan Planning Organization” has the meaning given the term “region” in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact ( Public Law 96–551 ; 94 Stat. 3234 ). For the purpose of this title, the Bi-State Metropolitan Planning Organization shall be treated as— a metropolitan planning organization; a transportation management area under subsection (k); and an urbanized area, which is comprised of a population of 145,000 and 25 square miles of land area and 25 square miles of land area 1 in the State of California and a population of 65,000 and 12 square miles of land area and 12 square miles of land area 1 in the State of Nevada.

§ 5304 Statewide and nonmetropolitan transportation planning

(a) General Requirements.— Subject to section 5303, to accomplish the objectives stated in section 5303(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State. The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 5303(a) and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.

(b) Coordination With Metropolitan Planning; State Implementation Plan.— A State shall— coordinate planning carried out under this section with the transportation planning activities carried out under section 5303 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and develop the transportation portion of the State implementation plan as required by the Clean Air Act ( 42 U.S.C. 7401 et seq.).

(c) Interstate Agreements.— Two or more States may enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved.

(d) Scope of Planning Process.— Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will— support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency; increase the safety of the transportation system for motorized and nonmotorized users; increase the security of the transportation system for motorized and nonmotorized users; increase the accessibility and mobility of people and freight; protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight; promote efficient system management and operation; emphasize the preservation of the existing transportation system; and improve the resiliency and reliability of the transportation system. The statewide transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of title 23 and the general purposes described in section 5301. Each State shall establish performance targets that address the performance measures described in section 150(c) of title 23 , where applicable, to use in tracking progress towards attainment of critical outcomes for the State. Selection of performance targets by a State shall be coordinated with the relevant metropolitan planning organizations to ensure consistency, to the maximum extent practicable. In areas with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and not represented by a metropolitan planning organization, selection of performance targets by a State shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d). A State shall integrate into the statewide transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in this paragraph, in other State transportation plans and transportation processes, as well as any plans developed pursuant to title 23 by providers of public transportation in areas with a population of fewer than 200,000 individuals, as calculated according to the most recent decennial census, and not represented by a metropolitan planning organization, required as part of a performance-based program. The performance measures and targets established under this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected in the statewide transportation plan and statewide transportation improvement program. The failure to take into consideration the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this chapter, title 23, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, a statewide transportation improvement program, a project or strategy, or the certification of a planning process.

(e) Additional Requirements.— In carrying out planning under this section, each State shall, at a minimum— with respect to nonmetropolitan areas, cooperate with affected local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (l); consider the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and consider coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States.

(f) Long-Range Statewide Transportation Plan.— Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State. The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303. With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection ( l ). The Secretary shall not review or approve the consultation process in each State. With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior. The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation. Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available. In developing the statewide transportation plan, the State shall provide to— nonmetropolitan local elected officials, or, if applicable, through regional transportation planning organizations described in subsection ( l ), an opportunity to participate in accordance with subparagraph (B)(i); and citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties a reasonable opportunity to comment on the proposed plan. In carrying out subparagraph (A), the State shall, to the maximum extent practicable— develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii); hold any public meetings at convenient and accessible locations and times; employ visualization techniques to describe plans; and make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). A State may use social media and other web-based tools— to further encourage public participation; and to solicit public feedback during the transportation planning process. A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan. The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. The statewide transportation plan may include— a financial plan that— demonstrates how the adopted statewide transportation plan can be implemented; indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and recommends any additional financing strategies for needed projects and programs; and for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available. A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5). The statewide transportation plan should include— a description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and a system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system. Each long-range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web.

(g) Statewide Transportation Improvement Program.— Each State shall develop a statewide transportation improvement program for all areas of the State. Each program developed under subparagraph (A) shall cover a period of 4 years and shall be updated every 4 years or more frequently if the Governor of the State elects to update more frequently. With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5303. With respect to each nonmetropolitan area in the State, the program shall be developed in cooperation with affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection ( l ). The Secretary shall not review or approve the specific consultation process in the State. With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior. In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program. A statewide transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect of the statewide transportation improvement program toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those performance targets. A transportation improvement program developed under this subsection for a State shall include Federally supported surface transportation expenditures within the boundaries of the State. An annual listing of projects for which funds have been obligated for the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. The listing described in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation improvement program. Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program. Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. Each project shall be— consistent with the statewide transportation plan developed under this section for the State; identical to the project or phase of the project as described in an approved metropolitan transportation plan; and in conformance with the applicable State air quality implementation plan developed under the Clean Air Act ( 42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as a nonattainment area for ozone, particulate matter, or carbon monoxide under part D of title I of that Act ( 42 U.S.C. 7501 et seq.). The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F). Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program. The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this chapter and title 23. Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under title 23 or under sections 5310 and 5311 of this chapter), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection ( l ). Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under title 23 or under sections 5310 and 5311 of this chapter shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation. Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding. A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 5303. Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved transportation improvement program in place of another project in the program.

(h) Performance-based Planning Processes Evaluation.— The Secretary shall establish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following: The extent to which the State is making progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets. The extent to which the State has made transportation investments that are efficient and cost-effective. The extent to which the State— has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and provides reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State. Not later than 5 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to Congress a report evaluating— the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and the effectiveness of the performance-based planning process of each State. The report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.

(i) Treatment of Certain State Laws as Congestion Management Processes.— For purposes of this section and section 5303, and sections 134 and 135 of title 23, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 5303, and sections 134 and 135 of title 23, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 5303, and sections 134 and 135 of title 23, as appropriate.

(j) Continuation of Current Review Practice.— Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under that Act as of January 1, 1997 , any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.).

(k) Schedule for Implementation.— The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its established planning update cycle to implement changes made by this section. States shall reflect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance of guidance by the Secretary under this subsection.

(l) Designation of Regional Transportation Planning Organizations.— To carry out the transportation planning process required by this section, a State may establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State. A regional transportation planning organization shall be established as a multijurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization. A regional transportation planning organization shall establish, at a minimum— a policy committee, the majority of which shall consist of nonmetropolitan local officials, or their designees, and, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support. The duties of a regional transportation planning organization shall include— developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans; developing a regional transportation improvement program for consideration by the State; fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs; providing technical assistance to local officials; participating in national, multistate, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas; providing a forum for public participation in the statewide and regional transportation planning processes; considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d). If a State chooses not to establish or designate a regional transportation planning organization, the State shall consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.

§ 5305 Planning programs

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

(b) General Authority.— 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— develop transportation plans and programs; plan, engineer, design, and evaluate a public transportation project; and conduct technical studies relating to public transportation. Activities eligible under paragraph (1) include the following: Studies related to management, planning, operations, capital requirements, and economic feasibility. Evaluating previously financed projects. 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. Other similar and related activities preliminary to and in preparation for constructing, acquiring, or improving the operation of facilities and equipment.

(c) Purpose.— To the extent practicable, the Secretary shall ensure that amounts appropriated or made available under section 5338 to carry out this section and sections 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) Metropolitan Planning Program.— The Secretary shall apportion 80 percent of the amounts made available under subsection (g)(1) among the States to carry out sections 5303 and 5306 in the ratio that— the population of urbanized areas in each State, as shown by the latest available decennial census of population; bears to the total population of urbanized areas in all States, as shown by that census. Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph. 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— considers population of urbanized areas; provides an appropriate distribution for urbanized areas to carry out the cooperative processes described in this section; the State develops in cooperation with the metropolitan planning organizations; and the Secretary approves. 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. 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 sections 5303 and 5306 in certain urbanized areas.

(e) State Planning and Research Program.— 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 sections 5304 and 5306 in the ratio that— the population of urbanized areas in each State, as shown by the latest available decennial census; bears to the population of urbanized areas in all States, as shown by that census. Notwithstanding subparagraph (A), a State may not receive less than 0.5 percent of the amount apportioned under this paragraph. 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) Government Share of Costs.— 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— not to require a State or local match; or to allow a Government share greater than 80 percent. 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— the applicable urbanized area; the applicable rural area; an adjoining urbanized area; or an adjoining rural area. 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) Allocation of Funds.— Of the funds made available by or appropriated to carry out this section under section 5338(a)(2)(A) for a fiscal year— 82.72 percent shall be available for the metropolitan planning program under subsection (d); and 17.28 percent shall be available to carry out subsection (e).

(h) Availability of Funds.— 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.

§ 5306 Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations

(a) Private Enterprise Participation.— A plan or program required by section 5303, 5304, or 5305 of this title shall encourage to the maximum extent feasible, as determined by local policies, criteria, and decisionmaking, the participation of private enterprise. If equipment or a facility already being used in an urban area is to be acquired under this chapter, the program shall provide that it be improved so that it will better serve the transportation needs of the area.

(b) Relationship to Other Limitations.— Sections 5303–5305 of this title do not authorize— a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter or title 23; and intervention in the management of a transportation authority.

§ 5307 Urbanized area formula grants

(a) General Authority.— The Secretary may make grants under this section for— capital projects; planning; job access and reverse commute projects; and operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census. The Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in public transportation, excluding rail fixed guideway, in an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census— for public transportation systems that— operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment which is attributable to such systems within the urbanized area, as measured by vehicle revenue hours; or subject to paragraph (3), for public transportation systems that— operate 75 or fewer buses in fixed route service or demand response service, excluding ADA complementary paratransit service, during peak service hours, in an amount not to exceed 75 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient’s final program of projects prepared under subsection (b); or operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand response service, excluding ADA complementary paratransit service during peak service hours, in an amount not to exceed 50 percent of the share of the apportionment allocated to such systems within the urbanized area, as determined by the local planning process and included in the designated recipient’s final program of projects prepared under subsection (b). The amount available to a public transportation system under subparagraph (B) of paragraph (2) shall be not more than 10 percent greater than the amount that would otherwise be available to the system under subparagraph (A) of that paragraph.

(b) Program of Projects.— Each recipient of a grant shall— make available to the public information on amounts available to the recipient under this section; develop, in consultation with interested parties, including private transportation providers, a proposed program of projects for activities to be financed; publish a proposed program of projects in a way that affected individuals, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the recipient; provide an opportunity for a public hearing in which to obtain the views of individuals on the proposed program of projects; ensure that the proposed program of projects provides for the coordination of public transportation services assisted under section 5336 of this title with transportation services assisted from other United States Government sources; consider comments and views received, especially those of private transportation providers, in preparing the final program of projects; and make the final program of projects available to the public.

(c) Grant Recipient Requirements.— A recipient may receive a grant in a fiscal year only if— the recipient, within the time the Secretary prescribes, submits a final program of projects prepared under subsection (b) of this section and a certification for that fiscal year that the recipient (including a person receiving amounts from a Governor under this section)— has or will have the legal, financial, and technical capacity to carry out the program, including safety and security aspects of the program; has or will have satisfactory continuing control over the use of equipment and facilities; will maintain equipment and facilities in accordance with the recipient’s transit asset management plan; will ensure that, during non-peak hours for transportation using or involving a facility or equipment of a project financed under this section, a fare that is not more than 50 percent of the peak hour fare will be charged for any— senior; individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use a public transportation service or a public transportation facility effectively without special facilities, planning, or design; and individual presenting a Medicare card issued to that individual under title II or XVIII of the Social Security Act ( 42 U.S.C. 401 et seq. and 1395 et seq.); in carrying out a procurement under this section, will comply with sections 5323 and 5325; has complied with subsection (b) of this section; has available and will provide the required amounts as provided by subsection (d) of this section; will comply with sections 5303 and 5304; has a locally developed process to solicit and consider public comment before raising a fare or carrying out a major reduction of transportation; will expend for each fiscal year for public transportation security projects, including increased lighting in or adjacent to a public transportation system (including bus stops, subway stations, parking lots, and garages), increased camera surveillance of an area in or adjacent to that system, providing an emergency telephone line to contact law enforcement or security personnel in an area in or adjacent to that system, and any other project intended to increase the security and safety of an existing or planned public transportation system, at least 1 percent of the amount the recipient receives for each fiscal year under section 5336 of this title ; or has decided that the expenditure for security projects is not necessary; in the case of a recipient for an urbanized area with a population of not fewer than 200,000 individuals, as determined by the Bureau of the Census, will submit an annual report listing projects carried out in the preceding fiscal year under this section for associated transit improvements as defined in section 5302; and will comply with section 5329(d); and the Secretary accepts the certification.

(d) Government Share of Costs.— A grant for a capital project under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts. A grant for operating expenses under this section may not exceed 50 percent of the net project cost of the project. Subject to paragraph (4), the remainder of the net project costs shall be provided— in cash from non-Government sources other than revenues from providing public transportation services; from revenues from the sale of advertising and concessions; from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; and from amounts received under a service agreement with a State or local social service agency or private social service organization. For purposes of subparagraphs (D) and (E) of paragraph (3), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act ( 42 U.S.C. 603(a)(5)(C)(vii) ) shall not apply to Federal or State funds to be used for transportation purposes.

(e) Undertaking Projects in Advance.— The Secretary may pay the Government share of the net project cost to a State or local governmental authority that carries out any part of a project eligible under subparagraph (A) or (B) of subsection (a)(1) without the aid of amounts of the Government and according to all applicable procedures and requirements if— the recipient applies for the payment; the Secretary approves the payment; and before carrying out any part of the project, the Secretary approves the plans and specifications for the part in the same way as for other projects under this section. The Secretary may approve an application under paragraph (1) of this subsection only if an authorization for this section is in effect for the fiscal year to which the application applies. The Secretary may not approve an application if the payment will be more than— the recipient’s expected apportionment under section 5336 of this title if the total amount authorized to be appropriated for the fiscal year to carry out this section is appropriated; less the maximum amount of the apportionment that may be made available for projects for operating expenses under this section. The cost of carrying out part of a project includes the amount of interest earned and payable on bonds issued by the recipient to the extent proceeds of the bonds are expended in carrying out the part. The amount of interest allowed under this paragraph may not be more than the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

(f) Reviews, Audits, and Evaluations.— At least annually, the Secretary shall carry out, or require a recipient to have carried out independently, reviews and audits the Secretary considers appropriate to establish whether the recipient has carried out— the activities proposed under subsection (c) of this section in a timely and effective way and can continue to do so; and those activities and its certifications and has used amounts of the Government in the way required by law. An audit of the use of amounts of the Government shall comply with the auditing procedures of the Comptroller General. At least once every 3 years, the Secretary shall review and evaluate completely the performance of a recipient in carrying out the recipient’s program, specifically referring to compliance with statutory and administrative requirements and the extent to which actual program activities are consistent with the activities proposed under subsection (c) of this section and the planning process required under sections 5303, 5304, and 5305 of this title. To the extent practicable, the Secretary shall coordinate such reviews with any related State or local reviews. The Secretary may take appropriate action consistent with a review, audit, and evaluation under this subsection, including making an appropriate adjustment in the amount of a grant or withdrawing the grant.

(g) Treatment.— For purposes of this section, the United States Virgin Islands shall be treated as an urbanized area, as defined in section 5302.

(h) Passenger Ferry Grants.— The Secretary may make grants under this subsection to recipients for passenger ferry projects that are eligible for a grant under subsection (a). Except as otherwise provided in this subsection, a grant under this subsection shall be subject to the same terms and conditions as a grant under subsection (a). The Secretary shall solicit grant applications and make grants for eligible projects on a competitive basis.

[§ 5308 Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]

§ 5309 Fixed guideway capital investment grants

(a) Definitions.— In this section, the following definitions shall apply: The term “applicant” means a State or local governmental authority that applies for a grant under this section. The term “core capacity improvement project” means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent. The term does not include project elements designed to maintain a state of good repair of the existing fixed guideway system. The term “corridor-based bus rapid transit project” means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems, including defined stations; traffic signal priority for public transportation vehicles; short headway bidirectional services for a substantial part of weekdays; and any other features the Secretary may determine support a long-term corridor investment, but the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods. The term “fixed guideway bus rapid transit project” means a bus capital project— in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods; that represents a substantial investment in a single route in a defined corridor or subarea; and that includes features that emulate the services provided by rail fixed guideway public transportation systems, including— defined stations; traffic signal priority for public transportation vehicles; short headway bidirectional services for a substantial part of weekdays and weekend days; and any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems. The term “new fixed guideway capital project” means— a new fixed guideway project that is a minimum operable segment or extension to an existing fixed guideway system; or a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system. The term “small start project” means a new fixed guideway capital project or corridor-based bus rapid transit project for which— the Federal assistance provided or to be provided under this section is less than $150,000,000;andthetotalestimatednetcapitalcostislessthan$400,000,000.

(b) General Authority.— The Secretary may make grants under this section to State and local governmental authorities to assist in financing— new fixed guideway capital projects or small start projects, including the acquisition of real property, the initial acquisition of rolling stock for the system, the acquisition of rights-of-way, and relocation, for fixed guideway corridor development for projects in the advanced stages of project development or engineering; and core capacity improvement projects, including the acquisition of real property, the acquisition of rights-of-way, double tracking, signalization improvements, electrification, expanding system platforms, acquisition of rolling stock associated with corridor improvements increasing capacity, construction of infill stations, and such other capacity improvement projects as the Secretary determines are appropriate to increase the capacity of an existing fixed guideway system corridor by at least 10 percent. Core capacity improvement projects do not include elements to improve general station facilities or parking, or acquisition of rolling stock alone.

(c) Grant Requirements.— The Secretary may make a grant under this section for new fixed guideway capital projects, small start projects, or core capacity improvement projects, if the Secretary determines that— the project is part of an approved transportation plan required under sections 5303 and 5304; the applicant has, or will have— the legal, financial, and technical capacity to carry out the project, including the safety and security aspects of the project; satisfactory continuing control over the use of the equipment or facilities; and the technical and financial capacity to maintain new and existing equipment and facilities; and the applicant has made progress toward meeting the performance targets in section 5326(c)(2). An applicant that has submitted the certifications required under subparagraphs (A), (B), (C), and (H) of section 5307(c)(1) shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this subsection. The Secretary shall use an expedited technical capacity review process for applicants that have recently and successfully completed at least 1 new fixed guideway capital project, or core capacity improvement project, if— the applicant achieved budget, cost, and ridership outcomes for the project that are consistent with or better than projections; and the applicant demonstrates that the applicant continues to have the staff expertise and other resources necessary to implement a new project. A recipient of a grant awarded under this section shall be subject to all terms, conditions, requirements, and provisions that the Secretary determines to be necessary or appropriate for purposes of this section.

(d) New Fixed Guideway Grants.— A new fixed guideway capital project shall enter into the project development phase when— the applicant— submits a letter to the Secretary describing the project and requesting entry into the project development phase; and initiates activities required to be carried out under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to the project; and the Secretary— responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed description of any information deemed insufficient; and provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the new fixed guideway capital project is entering the project development phase. Concurrent with the analysis required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), each applicant shall develop sufficient information to enable the Secretary to make findings of project justification and local financial commitment under this subsection. Not later than 2 years after the date on which a project enters into the project development phase, the applicant shall complete the activities required to obtain a project rating under subsection (g)(2) and submit completed documentation to the Secretary. Upon the request of an applicant, the Secretary may extend the time period under clause (i), if the applicant submits to the Secretary— a reasonable plan for completing the activities required under this paragraph; and an estimated time period within which the applicant will complete such activities. A new fixed guideway capital project may advance to the engineering phase upon completion of activities required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), as demonstrated by a record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded, only if the Secretary determines that the project— is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); is adopted into the metropolitan transportation plan required under section 5303; is justified based on a comprehensive review of the project’s mobility improvements, the project’s environmental benefits, congestion relief associated with the project, economic development effects associated with the project, policies and land use patterns of the project that support public transportation, and the project’s cost-effectiveness as measured by cost per rider; and is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f). In making a determination under subparagraph (A)(iii), the Secretary shall evaluate, analyze, and consider— the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient; and population density and current public transportation ridership in the transportation corridor.

(e) Core Capacity Improvement Projects.— A core capacity improvement project shall be deemed to have entered into the project development phase if— the applicant— submits a letter to the Secretary describing the project and requesting entry into the project development phase; and initiates activities required to be carried out under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to the project; and the Secretary— responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including when necessary a detailed description of any information deemed insufficient; and provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the core capacity improvement project is entering the project development phase. Concurrent with the analysis required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), each applicant shall develop sufficient information to enable the Secretary to make findings of project justification and local financial commitment under this subsection. Not later than 2 years after the date on which a project enters into the project development phase, the applicant shall complete the activities required to obtain a project rating under subsection (g)(2) and submit completed documentation to the Secretary. Upon the request of an applicant, the Secretary may extend the time period under clause (i), if the applicant submits to the Secretary— a reasonable plan for completing the activities required under this paragraph; and an estimated time period within which the applicant will complete such activities. A core capacity improvement project may advance into the engineering phase upon completion of activities required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), as demonstrated by a record of decision with respect to the project, a finding that the project has no significant impact, or a determination that the project is categorically excluded, only if the Secretary determines that the project— is selected as the locally preferred alternative at the completion of the process required under the National Environmental Policy Act of 1969; is adopted into the metropolitan transportation plan required under section 5303; is in a corridor that is— at or over capacity; or projected to be at or over capacity within the next 10 years, without regard to any temporary measures employed by the applicant expected to increase short-term capacity within the next 10 years; is justified based on a comprehensive review of the project’s mobility improvements, the project’s environmental benefits, congestion relief associated with the project, economic development effects associated with the project, the capacity needs of the corridor, and the project’s cost-effectiveness as measured by cost per rider; and is supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources), as required under subsection (f). In making a determination under subparagraph (A)(iv), the Secretary shall evaluate, analyze, and consider— the reliability of the forecasting methods used to estimate costs and utilization made by the recipient and the contractors to the recipient; whether the project will increase capacity at least 10 percent in a corridor; whether the project will improve interconnectivity among existing systems; and whether the project will improve environmental outcomes.

(f) Financing Sources.— In determining whether a project is supported by an acceptable degree of local financial commitment and shows evidence of stable and dependable financing sources for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall require that— the proposed project plan provides for the availability of contingency amounts that the Secretary determines to be reasonable to cover unanticipated cost increases or funding shortfalls; each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable; and local resources are available to recapitalize, maintain, and operate the overall existing and proposed public transportation system, including essential feeder bus and other services necessary to achieve the projected ridership levels without requiring a reduction in existing public transportation services or level of service to operate the project. In assessing the stability, reliability, and availability of proposed sources of local financing for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall consider— the reliability of the forecasting methods used to estimate costs and revenues made by the recipient and the contractors to the recipient; existing grant commitments; the degree to which financing sources are dedicated to the proposed purposes; any debt obligation that exists, or is proposed by the recipient, for the proposed project or other public transportation purpose; the extent to which the project has a local financial commitment that exceeds the required non-Government share of the cost of the project; and private contributions to the project, including cost-effective project delivery, management or transfer of project risks, expedited project schedule, financial partnering, and other public-private partnership strategies.

(g) Project Advancement and Ratings.— A new fixed guideway capital project or core capacity improvement project proposed to be carried out using a grant under this section may not advance from the project development phase to the engineering phase, or from the engineering phase to the construction phase, unless the Secretary determines that— the project meets the applicable requirements under this section; and there is a reasonable likelihood that the project will continue to meet the requirements under this section. In making a determination under paragraph (1), the Secretary shall evaluate and rate a project as a whole on a 5-point scale (high, medium-high, medium, medium-low, or low) based on— in the case of a new fixed guideway capital project, the project justification criteria under subsection (d)(2)(A)(iii), and the degree of local financial commitment; and in the case of a core capacity improvement project, the capacity needs of the corridor, the project justification criteria under subsection (e)(2)(A)(iv), and the degree of local financial commitment. In rating a project under this paragraph, the Secretary shall— provide, in addition to the overall project rating under subparagraph (A), individual ratings for each of the criteria established under subsection (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable; and give comparable, but not necessarily equal, numerical weight to each of the criteria established under subsections (d)(2)(A)(iii) or (e)(2)(A)(iv), as applicable, in calculating the overall project rating under clause (i). The Secretary shall not require that any single project justification criterion meet or exceed a “medium” rating in order to advance the project from one phase to another. The Secretary shall, to the maximum extent practicable, develop and use special warrants for making a project justification determination under subsection (d)(2) or (e)(2), as applicable, for a project proposed to be funded using a grant under this section, if— the share of the cost of the project to be provided under this section does not exceed 50 percent of the total cost of the project; the applicant requests the use of the warrants; the applicant certifies that its existing public transportation system is in a state of good repair; and the applicant meets any other requirements that the Secretary considers appropriate to carry out this subsection. In order to expedite a project under this subsection, the Secretary shall, to the maximum extent practicable, issue letters of intent and enter into early systems work agreements upon issuance of a record of decision for projects that receive an overall project rating of medium or better. The Secretary shall issue policy guidance regarding the review and evaluation process and criteria— not later than 180 days after the date of enactment of the Federal Public Transportation Act of 2012; and each time the Secretary makes significant changes to the process and criteria, but not less frequently than once every 2 years. Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue rules establishing an evaluation and rating process for— new fixed guideway capital projects that is based on the results of project justification, policies and land use patterns that promote public transportation, and local financial commitment, as required under this subsection; and core capacity improvement projects that is based on the results of the capacity needs of the corridor, project justification, and local financial commitment. In carrying out ratings and evaluations under this subsection, the Secretary shall provide full and fair consideration to projects that seek an updated rating after a period of inactivity following an earlier rating and evaluation. This subsection shall not apply to a project for which the Secretary issued a letter of intent, entered into a full funding grant agreement, or entered into a project construction agreement before the date of enactment of the Federal Public Transportation Act of 2012.

(h) Small Start Projects.— A small start project shall be subject to the requirements of this subsection. A new small starts project shall enter into the project development phase when— the applicant— submits a letter to the Secretary describing the project and requesting entry into the project development phase; and initiates activities required to be carried out under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to the project; and the Secretary— responds in writing to the applicant within 45 days whether the information provided is sufficient to enter into the project development phase, including, when necessary, a detailed description of any information deemed insufficient; and provides concurrent notice to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of whether the small starts project is entering the project development phase. Concurrent with the analysis required to be made under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), each applicant shall develop sufficient information to enable the Secretary to make findings of project justification, policies and land use patterns that promote public transportation, and local financial commitment under this subsection. The Secretary may provide Federal assistance for a small start project under this subsection only if the Secretary determines that the project— has been adopted as the locally preferred alternative as part of the metropolitan transportation plan required under section 5303; is based on the results of an analysis of the benefits of the project as set forth in paragraph (4); and is supported by an acceptable degree of local financial commitment. In making a determination for a small start project under paragraph (3)(B), the Secretary shall analyze, evaluate, and consider the following evaluation criteria for the project (as compared to a no-action alternative): mobility improvements, environmental benefits, congestion relief, economic development effects associated with the project, policies and land use patterns that support public transportation and cost-effectiveness as measured by cost per rider. For purposes of paragraph (3)(C), the Secretary shall require that each proposed local source of capital and operating financing is stable, reliable, and available within the proposed project timetable. In carrying out paragraphs (4) and (5) for a small start project, the Secretary shall evaluate and rate the project on a 5-point scale (high, medium-high, medium, medium-low, or low) based on an evaluation of the benefits of the project as compared to the Federal assistance to be provided and the degree of local financial commitment, as required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating, individual ratings for each of the criteria established by this subsection and shall give comparable, but not necessarily equal, numerical weight to the benefits that the project will bring to the community in calculating the overall project rating. At the request of the project sponsor, the Secretary shall evaluate and rate the project in accordance with paragraphs (4) and (5) and subparagraph (A) of this paragraph upon completion of the analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). The Secretary, to the maximum extent practicable, shall provide Federal assistance under this subsection in a single grant. If the Secretary cannot provide such a single grant, the Secretary may execute an expedited grant agreement in order to include a commitment on the part of the Secretary to provide funding for the project in future fiscal years. In executing an expedited grant agreement under this subsection, the Secretary may include in the agreement terms similar to those established under subsection (k)(2). At least 10 days before making a grant award or entering into a grant agreement for a project under this subsection, the Secretary shall notify, in writing, the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate of the proposed grant or expedited grant agreement, as well as the evaluations and ratings for the project.

(i) Programs of Interrelated Projects.— In this paragraph, the term “future bundling request” means a letter described in subparagraph (B) that requests future funding for additional projects. When an applicant submits a letter to the Secretary requesting entry of a project into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include a description of other projects for consideration for future funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project. Other projects included in the request shall be ready to enter the project development phase under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A), within 5 years of the initial project submitted as part of the request. Projects in the future bundling request shall be included in the metropolitan transportation plan in accordance with section 5303(i). The applicant that submits a future bundling request shall be the project sponsor for each project included in the request. A future bundling request submitted under this paragraph shall include a proposed share of each of the request’s projects that is consistent with the requirements of subsections (k)(2)(C)(ii) or (h)(7), as applicable. The bundling of projects under this subsection— shall enhance, or increase the capacity of— the total transportation system of the applicant; or the transportation system of the region the applicant serves (which, in the case of a State whose request addresses a single region, means that region); and shall— streamline procurements for the applicant; or enable time or cost savings for the projects. Each project submitted for consideration for funding in a future bundling request shall be subject to the applicable evaluation criteria under this section for the project type, including demonstrating the availability of local resources to recapitalize, maintain, and operate the overall existing and proposed public transportation system pursuant to subsection (f)(1)(C). Upon entering into a grant agreement for the initial project for which an applicant submits a future bundling request, the Secretary may issue a letter of intent to the applicant that announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects in the future bundling. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed. The amount that the Secretary announces an intention to obligate for an additional project in the future bundling request through a letter of intent issued under clause (i) shall be sufficient to complete at least an operable segment of the project. The issuance of a letter of intent under clause (i) shall not be deemed to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment. In this paragraph, the term “immediate bundling request” means a letter described in subparagraph (B) that requests immediate funding for multiple projects. An applicant may submit a letter to the Secretary requesting entry of multiple projects into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), for consideration for funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project. Projects included in the request must be ready to enter the project development phase under subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A) at the same time. Projects in the bundle shall be included in the metropolitan transportation plan in accordance with section 5303(i). The applicant that submits an immediate bundling request shall be the project sponsor for each project included in the request. An immediate bundling request submitted under this subsection shall include a proposed share of each of the request’s projects that is consistent with the requirements of subsections (k)(2)(C)(ii) or (h)(7), as applicable. The bundling of projects under this subsection— shall enhance, or increase the capacity of— the total transportation system of the applicant; or the transportation system of the region the applicant serves (which, in the case of a State whose request addresses a single region, means that region); and shall— streamline procurements for the applicant; or enable time or cost savings for the projects. A project submitted for consideration for immediate funding in an immediate bundling request shall be subject to the applicable evaluation criteria under this section for the project type, including demonstrating the availability of local resources to recapitalize, maintain, and operate the overall existing and proposed public transportation system pursuant to subsection (f)(1)(C). Upon entering into a grant agreement for the initial project for which an applicant submits a request, the Secretary may issue a letter of intent or single, combined grant agreement to the applicant. A letter of intent announces an intention to obligate, for 1 or more additional projects included in the request, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the additional project or projects. Such letter may include a condition that the project or projects must meet the evaluation criteria in this subsection before a grant agreement can be executed. The amount that the Secretary announces an intention to obligate for an additional project in a letter of intent issued under clause (i) shall be sufficient to complete at least an operable segment of the project. The issuance of a letter of intent under clause (i) shall not be deemed to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment. When the Secretary issues rules or policy guidance under this section, the Secretary may request comment from the public regarding potential changes to the evaluation criteria for project justification and local financial commitment under subsections (d), (e), (f), and (h) for the purposes of streamlining the evaluation process for projects included in a future bundling request or an immediate bundling request, including changes to enable simultaneous evaluation of multiple projects under 1 or more evaluation criteria. Notwithstanding paragraphs (1)(H) and (2)(H), such criteria may be utilized for projects included in a future bundling request or an immediate bundling request under this subsection upon promulgation of the applicable rule or policy guidance. A new start project or core capacity improvement project in an immediate bundling request or future bundling request shall be carried out through a full funding grant agreement or expedited grant agreement pursuant to subsection (k)(2). A small start project shall be carried out through a grant agreement pursuant to subsection (h)(7). A combined grant agreement described in paragraph (2)(I)(i) shall— include only projects in an immediate future bundling request that are ready to receive a grant agreement under this section, be carried out through a full funding grant agreement or expedited grant agreement pursuant to subsection (k)(2) for the included projects, if a project seeking assistance under the combined grant agreement is a new start project or core capacity improvement project; and be carried out through a grant agreement pursuant to subsection (h)(7) for the included projects, if the projects seeking assistance under the combined grant agreement consist entirely of small start projects. The use of a combined grant agreement shall not waive or amend applicable evaluation criteria under this section for projects included in the combined grant agreement.

(j) Previously Issued Letter of Intent or Full Funding Grant Agreement.— Subsections (d) and (e) shall not apply to projects for which the Secretary has issued a letter of intent, approved entry into final design, entered into a full funding grant agreement, or entered into a project construction grant agreement before the date of enactment of the Federal Public Transportation Act of 2012.

(k) Letters of Intent, Full Funding Grant Agreements, and Early Systems Work Agreements.— The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a new fixed guideway capital project or core capacity improvement project, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. When a letter is issued for a capital project under this section, the amount shall be sufficient to complete at least an operable segment. The issuance of a letter under subparagraph (A) is deemed not to be an obligation under sections 1108(c), 1501, and 1502(a) of title 31 or an administrative commitment. A new fixed guideway capital project or core capacity improvement project shall be carried out through a full funding grant agreement. The Secretary shall enter into a full funding grant agreement, based on the evaluations and ratings required under subsection (d), (e), or (i), as applicable, with each grantee receiving assistance for a new fixed guideway capital project or core capacity improvement project that has been rated as high, medium-high, or medium, in accordance with subsection (g)(2)(A) or (i)(3)(B), as applicable. A full funding grant agreement shall— establish the terms of participation by the Government in a new fixed guideway capital project or core capacity improvement project; establish the maximum amount of Federal financial assistance for the project; include the period of time for completing the project, even if that period extends beyond the period of an authorization; and make timely and efficient management of the project easier according to the law of the United States. A full funding grant agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. The agreement shall state that the contingent commitment is not an obligation of the Government. Interest and other financing costs of efficiently carrying out a part of the project within a reasonable time are a cost of carrying out the project under a full funding grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. The amount stipulated in an agreement under this paragraph for a new fixed guideway capital project shall be sufficient to complete at least an operable segment. Applicants seeking a full funding grant agreement under this paragraph shall submit a complete plan for the collection and analysis of information to identify the impacts of the new fixed guideway capital project or core capacity improvement project and the accuracy of the forecasts prepared during the development of the project. Preparation of this plan shall be included in the full funding grant agreement as an eligible activity. The plan submitted under clause (i) shall provide for— collection of data on the current public transportation system regarding public transportation service levels and ridership patterns, including origins and destinations, access modes, trip purposes, and rider characteristics; documentation of the predicted scope, service levels, capital costs, operating costs, and ridership of the project; collection of data on the public transportation system 2 years after the opening of a new fixed guideway capital project or core capacity improvement project, including analogous information on public transportation service levels and ridership patterns and information on the as-built scope, capital, and financing costs of the project; and analysis of the consistency of predicted project characteristics with actual outcomes. To be eligible for a full funding grant agreement under this paragraph, recipients shall have collected data on the current system, according to the plan required under subparagraph (E)(ii), before the beginning of construction of the proposed new fixed guideway capital project or core capacity improvement project. Collection of this data shall be included in the full funding grant agreement as an eligible activity. The Secretary may enter into an early systems work agreement with an applicant if a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) has been issued on the project and the Secretary finds there is reason to believe— a full funding grant agreement for the project will be made; and the terms of the work agreement will promote ultimate completion of the project more rapidly and at less cost. An early systems work agreement under this paragraph obligates budget authority available under this chapter and title 23 and shall provide for reimbursement of preliminary costs of carrying out the project, including land acquisition, timely procurement of system elements for which specifications are decided, and other activities the Secretary decides are appropriate to make efficient, long-term project management easier. An early systems work agreement may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. An early systems work agreement under this paragraph shall cover the period of time the Secretary considers appropriate. The period may extend beyond the period of current authorization. Interest and other financing costs of efficiently carrying out the early systems work agreement within a reasonable time are a cost of carrying out the agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a way satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms. If an applicant does not carry out the project for reasons within the control of the applicant, the applicant shall repay all Federal grant funds awarded for the project from all Federal funding sources, for all project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established by the Secretary in the early systems work agreement. Any funds received by the Government under this paragraph, other than interest and penalty charges, shall be credited to the appropriation account from which the funds were originally derived. The Secretary may enter into full funding grant agreements under this subsection for new fixed guideway capital projects and core capacity improvement projects that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate. An obligation may be made under this subsection only when amounts are appropriated for the obligation. Not later than 15 days before issuing a letter of intent, entering into a full funding grant agreement, or entering into an early systems work agreement under this section, the Secretary shall notify, in writing, the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement as well as the evaluations and ratings for the project.

(l) Government Share of Net Capital Project Cost.— Based on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net capital project cost. A grant for a new fixed guideway capital project shall not exceed 80 percent of the net capital project cost. A full funding grant agreement for a new fixed guideway capital project shall not include a share of more than 60 percent from the funds made available under this section. A grant for a core capacity improvement project shall not exceed 80 percent of the net capital project cost of the incremental cost to increase the capacity in the corridor. A grant for a small start project shall not exceed 80 percent of the net capital project costs. The Secretary may adjust the final net capital project cost of a new fixed guideway capital project or core capacity improvement project evaluated under subsection (d), (e), or (i) to include the cost of eligible activities not included in the originally defined project if the Secretary determines that the originally defined project has been completed at a cost that is significantly below the original estimate. The Secretary may provide a higher grant percentage than requested by the grant recipient if— the Secretary determines that the net capital project cost of the project is not more than 10 percent higher than the net capital project cost estimated at the time the project was approved for advancement into the engineering phase; and the ridership estimated for the project is not less than 90 percent of the ridership estimated for the project at the time the project was approved for advancement into the engineering phase. The remainder of the net capital project costs shall be provided— in cash from non-Government sources; from revenues from the sale of advertising and concessions; or from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. Nothing in this section shall be construed as authorizing the Secretary to require a non-Federal financial commitment for a project that is more than 20 percent of the net capital project cost. In addition to amounts allowed pursuant to paragraph (1), a planned extension to a fixed guideway system may include the cost of rolling stock previously purchased if the applicant satisfies the Secretary that only amounts other than amounts provided by the Government were used and that the purchase was made for use on the extension. A refund or reduction of the remainder may be made only if a refund of a proportional amount of the grant of the Government is made at the same time. This subsection shall not apply to projects for which the Secretary entered into a full funding grant agreement before the date of enactment of the Federal Public Transportation Act of 2012. For up to three fixed-guideway bus rapid transit projects each fiscal year the Secretary shall— establish a Government share of at least 80 percent; and not lower the project’s rating for degree of local financial commitment for purposes of subsections (d)(2)(A)(v) or (h)(3)(C) as a result of the Government share specified in this paragraph.

(m) Undertaking Projects in Advance.— The Secretary may pay the Government share of the net capital project cost to a State or local governmental authority that carries out any part of a project described in this section without the aid of amounts of the Government and according to all applicable procedures and requirements if— the State or local governmental authority applies for the payment; the Secretary approves the payment; and before the State or local governmental authority carries out the part of the project, the Secretary approves the plans and specifications for the part in the same way as other projects under this section. The cost of carrying out part of a project includes the amount of interest earned and payable on bonds issued by the State or local governmental authority to the extent proceeds of the bonds are expended in carrying out the part. The amount of interest under this paragraph may not be more than the most favorable interest terms reasonably available for the project at the time of borrowing. The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking the most favorable financing terms.

(n) Availability of Amounts.— An amount made available or appropriated for a new fixed guideway capital project or core capacity improvement project shall remain available to that project for 4 fiscal years, including the fiscal year in which the amount is made available or appropriated. Any amounts that are unobligated to the project at the end of the 4-fiscal-year period may be used by the Secretary for any purpose under this section. An amount available under this section that is deobligated may be used for any purpose under this section.

(o) Reports on New Fixed Guideway and Core Capacity Improvement Projects.— Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report that includes— a proposal of allocations of amounts to be available to finance grants for projects under this section among applicants for these amounts; evaluations and ratings, as required under subsections (d), (e), and (i), for each such project that is in project development, engineering, or has received a full funding grant agreement; and recommendations of such projects for funding based on the evaluations and ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years based on information currently available to the Secretary. The Comptroller General of the United States shall— conduct a biennial review that— assesses— the processes and procedures for evaluating, rating, and recommending all new fixed guideway capital projects and core capacity improvement projects for grant agreements under this section and section 3005(b) of the Federal Public Transportation Act of 2015 ( 49 U.S.C. 5309 note; Public Law 114–94 ); and the Secretary’s implementation of such processes and procedures; includes, with respect to projects that entered into revenue service since the previous biennial review— a description and analysis of the impacts of the projects on public transportation services and public transportation ridership; a description and analysis of the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods of, or innovative financing for, the projects; and an identification of the reasons for any differences between predicted and actual outcomes for the projects; and in conducting the review under clause (ii), incorporates information from the plans submitted by applicants under subsection (k)(2)(E)(i); and report to Congress on the results of such review by May 31 of the applicable year.

(p) Special Rule.— For the purposes of calculating the cost effectiveness of a project described in subsection (d) or (e), the Secretary shall not reduce or eliminate the capital costs of art and non-functional landscaping elements from the annualized capital cost calculation.

(q) Joint Public Transportation and Intercity Passenger Rail Projects.— The Secretary may make grants for new fixed guideway capital projects and core capacity improvement projects that provide both public transportation and intercity passenger rail service. Eligible costs for a project under this subsection shall be limited to the net capital costs of the public transportation costs attributable to the project based on projected use of the new segment or expanded capacity of the project corridor, not including project elements designed to achieve or maintain a state of good repair, as determined by the Secretary under paragraph (4). A project under this subsection shall be evaluated for project justification and local financial commitment under subsections (d), (e), (f), and (h), as applicable to the project, based on— the net capital costs of the public transportation costs attributable to the project as determined under paragraph (4); and the share of funds dedicated to the project from sources other than this section included in the unified finance plan for the project. The Secretary shall estimate the net capital costs of a project under this subsection based on— engineering studies; studies of economic feasibility; the expected use of equipment or facilities; and the public transportation costs attributable to the project. The Government share shall not exceed 80 percent of the net capital cost attributable to the public transportation costs of a project under this subsection as determined under paragraph (4). The remainder of the net capital cost attributable to the public transportation costs of a project under this subsection shall be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.

(r) Capital Investment Grant Dashboard.— The Secretary shall make publicly available in an easily identifiable location on the website of the Department of Transportation a dashboard containing the following information for each project seeking a grant agreement under this section: Project name. Project sponsor. City or urbanized area and State in which the project will be located. Project type. Project mode. Project length and number of stops, including length of exclusive bus rapid transit lanes, if applicable. Anticipated total project cost. Anticipated share of project costs to be sought under this section. Date of compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). Date on which the project entered the project development phase. Date on which the project entered the engineering phase, if applicable. Date on which a Letter of No Prejudice was requested, and date on which a Letter of No Prejudice was issued or denied, if applicable. Date of the applicant’s most recent project ratings, including date of request for updated ratings, if applicable. Status of the project sponsor in securing non-Federal matching funds. Date on which a project grant agreement is anticipated to be executed. The Secretary shall update the information provided under paragraph (1) not less frequently than monthly. The Secretary shall continue to make profiles for projects that have applied for or are receiving assistance under this section publicly available in an easily identifiable location on the website of the Department of Transportation, in the same manner as the Secretary did as of the day before the date of enactment of this subsection.

§ 5310 Formula grants for the enhanced mobility of seniors and individuals with disabilities

(a) Definitions.— In this section, the following definitions shall apply: The term “recipient” means— a designated recipient or a State that receives a grant under this section directly; or a State or local governmental entity that operates a public transportation service. The term “subrecipient” means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation that receives a grant under this section indirectly through a recipient.

(b) General Authority.— The Secretary may make grants under this section to recipients for— public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable; public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit; and alternatives to public transportation that assist seniors and individuals with disabilities with transportation. The amount available for capital projects under paragraph (1)(A) shall be not less than 55 percent of the funds apportioned to the recipient under this section. A recipient of a grant under paragraph (1)(A) may allocate the amounts provided under the grant to— a private nonprofit organization; or a State or local governmental authority that— is approved by a State to coordinate services for seniors and individuals with disabilities; or certifies that there are no private nonprofit organizations readily available in the area to provide the services described in paragraph (1)(A). A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. The acquisition of public transportation services is an eligible capital expense under this section. To the maximum extent feasible, the Secretary shall coordinate activities under this section with related activities under other Federal departments and agencies. A State or local governmental authority or nonprofit organization that receives assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall— participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and participate in the planning for the transportation services described in clause (i). Amounts made available to carry out this section may be used for transportation projects to assist in providing transportation services for seniors and individuals with disabilities, if such transportation projects are included in a program of projects. A recipient shall annually submit a program of projects to the Secretary. The program of projects submitted under subparagraph (B) shall contain an assurance that the program provides for the maximum feasible coordination of transportation services assisted under this section with transportation services assisted by other Government sources. A public transportation service provider that receives assistance under this section or section 5311(c) may coordinate and assist in regularly providing meal delivery service for homebound individuals, if the delivery service does not conflict with providing public transportation service or reduce service to public transportation passengers.

(c) Apportionment and Transfers.— The Secretary shall apportion amounts made available to carry out this section as follows: Sixty percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census, in the ratio that— the number of seniors and individuals with disabilities in each such urbanized area; bears to the number of seniors and individuals with disabilities in all such urbanized areas. Twenty percent of the funds shall be apportioned among the States in the ratio that— the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in each State; bears to the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in all States. Twenty percent of the funds shall be apportioned among the States in the ratio that— the number of seniors and individuals with disabilities in rural areas in each State; bears to the number of seniors and individuals with disabilities in rural areas in all States. Except as provided in subparagraph (B)— funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census; funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census; and funds apportioned under paragraph (1)(C) shall be used for projects serving rural areas. A State may use funds apportioned to the State under subparagraph (B) or (C) of paragraph (1)— for a project serving an area other than an area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or for a project anywhere in the State, if the State has established a statewide program for meeting the objectives of this section. Any funds transferred pursuant to subparagraph (B) shall be made available only for eligible projects selected under this section. A recipient may transfer an amount under subparagraph (B) only after consulting with responsible local officials, publicly owned operators of public transportation, and nonprofit providers in the area for which the amount was originally apportioned.

(d) Government Share of Costs.— A grant for a capital project under this section shall be in an amount equal to 80 percent of the net capital costs of the project, as determined by the Secretary. A grant made under this section for operating assistance may not exceed an amount equal to 50 percent of the net operating costs of the project, as determined by the Secretary. The remainder of the net costs of a project carried out under this section— may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and may be derived from amounts appropriated or otherwise made available— to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; or to carry out the Federal lands highways program under section 204 1 of title 23. For purposes of paragraph (3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of the Social Security Act ( 42 U.S.C. 603(a)(5)(C)(vii) ) on the use of grant funds for matching requirements shall not apply to Federal or State funds to be used for transportation purposes.

(e) Grant Requirements.— A grant under this section shall be subject to the same requirements as a grant under section 5307, to the extent the Secretary determines appropriate. Before receiving a grant under this section, each recipient shall certify that— the projects selected by the recipient are included in a locally developed, coordinated public transit-human services transportation plan; the plan described in clause (i) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; and to the maximum extent feasible, the services funded under this section will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services. If a recipient allocates funds received under this section to subrecipients, the recipient shall certify that the funds are allocated on a fair and equitable basis.

(f) Competitive Process for Grants to Subrecipients.— A recipient of funds apportioned under subsection (c)(1)(A) may conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants under this section. A recipient of funds apportioned under subparagraph (B) or (C) of subsection (c)(1) may conduct a statewide solicitation for applications for grants under this section. If the recipient elects to engage in a competitive process, a recipient or subrecipient seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient making the election an application in such form and in accordance with such requirements as the recipient making the election shall establish.

(g) Transfers of Facilities and Equipment.— A recipient may transfer a facility or equipment acquired using a grant under this section to any other recipient eligible to receive assistance under this chapter, if— the recipient in possession of the facility or equipment consents to the transfer; and the facility or equipment will continue to be used as required under this section.

(h) Performance Measures.— Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives making recommendations on the establishment of performance measures for grants under this section. Such report shall be developed in consultation with national nonprofit organizations that provide technical assistance and advocacy on issues related to transportation services for seniors and individuals with disabilities. The performance measures to be considered in the report under paragraph (1) shall require the collection of quantitative and qualitative information, as available, concerning— modifications to the geographic coverage of transportation service, the quality of transportation service, or service times that increase the availability of transportation services for seniors and individuals with disabilities; ridership; accessibility improvements; and other measures, as the Secretary determines is appropriate.

(i) Best Practices.— The Secretary shall collect from, review, and disseminate to public transportation agencies— innovative practices; program models; new service delivery options; findings from activities under subsection (h); and transit cooperative research program reports.

§ 5311 Formula grants for rural areas

(a) Definitions.— As used in this section, the following definitions shall apply: The term “recipient” means a State or Indian tribe that receives a Federal transit program grant directly from the Government. The term “subrecipient” means a State or local governmental authority, a nonprofit organization, or an operator of public transportation or intercity bus service that receives Federal transit program grant funds indirectly through a recipient.

(b) General Authority.— Except as provided by paragraph (2), the Secretary may award grants under this section to recipients located in rural areas for— planning, provided that a grant under this section for planning activities shall be in addition to funding awarded to a State under section 5305 for planning activities that are directed specifically at the needs of rural areas in the State; public transportation capital projects; operating costs of equipment and facilities for use in public transportation; job access and reverse commute projects; and the acquisition of public transportation services, including service agreements with private providers of public transportation service. A project eligible for a grant under this section shall be included in a State program for public transportation service projects, including agreements with private providers of public transportation service. Each State shall submit to the Secretary annually the program described in subparagraph (A). The Secretary may not approve the program unless the Secretary determines that— the program provides a fair distribution of amounts in the State, including Indian reservations; and the program provides the maximum feasible coordination of public transportation service assisted under this section with transportation service assisted by other Federal sources. The Secretary shall carry out a rural transportation assistance program in rural areas. In carrying out this paragraph, the Secretary may use not more than 2 percent of the amount made available under section 5338(a)(2)(F) to make grants and contracts for transportation research, technical assistance, training, and related support services in rural areas. Not more than 15 percent of the amounts available under subparagraph (B) may be used by the Secretary to carry out competitively selected projects of a national scope, with the remaining balance provided to the States. Each recipient under this section shall submit an annual report to the Secretary containing information on capital investment, operations, and service provided with funds received under this section, including— total annual revenue; sources of revenue; total annual operating costs; total annual capital costs; fleet size and type, and related facilities; vehicle revenue miles; and ridership.

(c) Apportionments.— Of the amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) to carry out this section— an amount equal to 5 percent shall be available to carry out paragraph (2); and 3 percent shall be available to carry out paragraph (3). For each fiscal year, the amounts made available under paragraph (1)(A) shall be apportioned for grants to Indian tribes for any purpose eligible under this section, under such terms and conditions as may be established by the Secretary, of which— 20 percent shall be distributed by the Secretary on a competitive basis; and 80 percent shall be apportioned as formula grants as provided in subsection (j). In this paragraph— the term “Appalachian region” has the same meaning as in section 14102 of title 40 ; and the term “eligible recipient” means a State that participates in a program established under subtitle IV of title 40. The Secretary shall carry out a public transportation assistance program in the Appalachian region. Of amounts made available or appropriated for each fiscal year under section 5338(a)(2)(F) to carry out this paragraph, the Secretary shall apportion funds to eligible recipients for any purpose eligible under this section, based on the guidelines established under section 9.5(b) of the Appalachian Regional Commission Code. An eligible recipient may use amounts that cannot be used for operating expenses under this paragraph for a highway project if— that use is approved, in writing, by the eligible recipient after appropriate notice and an opportunity for comment and appeal are provided to affected public transportation providers; and the eligible recipient, in approving the use of amounts under this subparagraph, determines that the local transit needs are being addressed. The amounts made available or appropriated for each fiscal year pursuant to section 5338(a)(2)(F) that are not apportioned under paragraph (1) or (2) shall be apportioned in accordance with this paragraph. 83.15 percent of the amount described in subparagraph (A) shall be apportioned to the States in accordance with this subparagraph. Subject to subclause (II), each State shall receive an amount that is equal to 20 percent of the amount apportioned under clause (i), multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population. No State shall receive more than 5 percent of the amount apportioned under subclause (I). Each State shall receive an amount equal to 80 percent of the amount apportioned under clause (i), multiplied by the ratio of the population of rural areas in that State and divided by the population of all rural areas in the United States, as shown by the most recent decennial census of population. 16.85 percent of the amount described in subparagraph (A) shall be apportioned to the States in accordance with this subparagraph. Subject to clause (v), each State shall receive an amount that is equal to 29.68 percent of the amount apportioned under clause (i), multiplied by the ratio of the land area in rural areas in that State and divided by the land area in all rural areas in the United States, as shown by the most recent decennial census of population. Subject to clause (v), each State shall receive an amount that is equal to 29.68 percent of the amount apportioned under clause (i), multiplied by the ratio of vehicle revenue miles in rural areas in that State and divided by the vehicle revenue miles in all rural areas in the United States, as determined by national transit database reporting. Each State shall receive an amount that is equal to 40.64 percent of the amount apportioned under clause (i), multiplied by the ratio of low-income individuals in rural areas in that State and divided by the number of low-income individuals in all rural areas in the United States, as shown by the Bureau of the Census. No State shall receive— more than 5 percent of the amount apportioned under clause (ii); or more than 5 percent of the amount apportioned under clause (iii).

(d) Use for Local Transportation Service.— A State may use an amount apportioned under this section for a project included in a program under subsection (b) of this section and eligible for assistance under this chapter if the project will provide local transportation service, as defined by the Secretary of Transportation, in a rural area.

(e) Use for Administration, Planning, and Technical Assistance.— The Secretary may allow a State to use not more than 10 percent of the amount apportioned under this section to administer this section and provide technical assistance to a subrecipient, including project planning, program and management development, coordination of public transportation programs, and research the State considers appropriate to promote effective delivery of public transportation to a rural area.

(f) Intercity Bus Transportation.— A State shall expend at least 15 percent of the amount made available in each fiscal year to carry out a program to develop and support intercity bus transportation. Eligible activities under the program include— planning and marketing for intercity bus transportation; capital grants for intercity bus facilities; joint-use facilities; operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects; and coordinating rural connections between small public transportation operations and intercity bus carriers. A State does not have to comply with paragraph (1) of this subsection in a fiscal year in which the Governor of the State certifies to the Secretary, after consultation with affected intercity bus service providers, that the intercity bus service needs of the State are being met adequately.

(g) Government Share of Costs.— Except as provided by subparagraph (B), a grant awarded under this section for a capital project or project administrative expenses shall be for 80 percent of the net costs of the project, as determined by the Secretary. A State described in section 120(b) of title 23 shall receive a Government share of the net costs in accordance with the formula under that section. Except as provided by subparagraph (B), a grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. A State described in section 120(b) of title 23 shall receive a Government share of the net operating costs equal to 62.5 percent of the Government share provided for under paragraph (1)(B). The remainder of net project costs— may be provided in cash from non-Government sources; may be provided from revenues from the sale of advertising and concessions; may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; may be derived from amounts appropriated or otherwise made available to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 1 of title 23; and in the case of an intercity bus project that includes both feeder service and an unsubsidized segment of intercity bus service to which the feeder service connects, may be derived from the costs of a private operator for the unsubsidized segment of intercity bus service, including all operating and capital costs of such service whether or not offset by revenue from such service, as an in-kind match for the operating costs of connecting rural intercity bus feeder service funded under subsection (f), if the private operator agrees in writing to the use of the costs of the private operator for the unsubsidized segment of intercity bus service as an in-kind match. For purposes of paragraph (3)(B), the prohibitions on the use of funds for matching requirements under section 403(a)(5)(C)(vii) of the Social Security Act ( 42 U.S.C. 603(a)(5)(C)(vii) ) shall not apply to Federal or State funds to be used for transportation purposes. A State carrying out a program of operating assistance under this section may not limit the level or extent of use of the Government grant for the payment of operating expenses.

(h) Transfer of Facilities and Equipment.— With the consent of the recipient currently having a facility or equipment acquired with assistance under this section, a State may transfer the facility or equipment to any recipient eligible to receive assistance under this chapter if the facility or equipment will continue to be used as required under this section.

(i) Relationship to Other Laws.— Section 5333(b) applies to this section if the Secretary of Labor utilizes a special warranty that provides a fair and equitable arrangement to protect the interests of employees. This subsection does not affect or discharge a responsibility of the Secretary of Transportation under a law of the United States.

(j) Formula Grants for Public Transportation on Indian Reservations.— Of the amounts described in subsection (c)(2)(B)— 50 percent of the total amount shall be apportioned so that each Indian tribe providing public transportation service shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of vehicle revenue miles provided by an Indian tribe divided by the total number of vehicle revenue miles provided by all Indian tribes, as reported to the Secretary; 25 percent of the total amount shall be apportioned equally among each Indian tribe providing at least 200,000 vehicle revenue miles of public transportation service annually, as reported to the Secretary; and 25 percent of the total amount shall be apportioned among each Indian tribe providing public transportation on tribal lands (American Indian Areas, Alaska Native Areas, and Hawaiian Home Lands, as defined by the Bureau of the Census) on which more than 1,000 low-income individuals reside (as determined by the Bureau of the Census) so that each Indian tribe shall receive an amount equal to the total amount apportioned under this clause multiplied by the ratio of the number of low-income individuals residing on an Indian tribe’s lands divided by the total number of low-income individuals on tribal lands on which more than 1,000 low-income individuals reside. No recipient shall receive more than $300,000oftheamountsapportionedundersubparagraph(A)(iii)inafiscalyear.Oftheamountsmadeavailableundersubparagraph(A)(iii),anyamountsnotapportionedunderthatsubparagraphshallbeallocatedamongIndiantribesreceivinglessthan$300,000 in a fiscal year according to the formula specified in that clause. For purposes of subparagraph (A)(iii), the term “low-income individual” means an individual whose family income is at or below 100 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by that section, for a family of the size involved. If more than 1 Indian tribe provides public transportation service on tribal lands in a single Tribal Statistical Area, and the Indian tribes do not determine how to allocate the funds apportioned under clause (iii) of subparagraph (A) between the Indian tribes, the Secretary shall allocate the funds so that each Indian tribe shall receive an amount equal to the total amount apportioned under such clause (iii) multiplied by the ratio of the number of annual unlinked passenger trips provided by each Indian tribe, as reported to the National Transit Database, to the total unlinked passenger trips provided by all Indian tribes in the Tribal Statistical Area. A recipient that is an Indian tribe may use funds apportioned under this subsection to finance public transportation services provided by a non-tribal provider of public transportation that connects residents of tribal lands with surrounding communities, improves access to employment or healthcare, or otherwise addresses the mobility needs of tribal members.

§ 5312 Public transportation innovation

(a) In General.— The Secretary shall provide assistance for projects and activities to advance innovative public transportation research and development in accordance with the requirements of this section.

(b) Research, Development, Demonstration, and Deployment Projects.— The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements for research, development, demonstration, and deployment projects, and evaluation of research and technology of national significance to public transportation, that the Secretary determines will improve public transportation. In order to carry out paragraph (1), the Secretary may make grants to and enter into contracts, cooperative agreements, and other agreements with— departments, agencies, and instrumentalities of the Government, including Federal laboratories; State and local governmental entities; providers of public transportation; private or non-profit organizations; institutions of higher education; and technical and community colleges. To receive a grant, contract, cooperative agreement, or other agreement under this section, an entity described in paragraph (2) shall submit an application to the Secretary. An application under subparagraph (A) shall be in such form and contain such information as the Secretary may require, including— a statement of purpose detailing the need being addressed; the short- and long-term goals of the project, including opportunities for future innovation and development, the potential for deployment, and benefits to riders and public transportation; and the short- and long-term funding requirements to complete the project and any future objectives of the project. The Secretary shall establish and implement a program under this subsection to promote, implement, deploy, demonstrate, showcase, support, and document the application of advanced digital construction management systems, practices, performance, and benefits. The goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph (A) shall include— accelerated adoption of advanced digital systems applied throughout the lifecycle of transportation infrastructure (including through the planning, design and engineering, construction, operations, and maintenance phases) that— maximize interoperability with other systems, products, tools, or applications; boost productivity; manage complexity; reduce project delays and cost overruns; enhance safety and quality; and reduce total costs for the entire lifecycle of transportation infrastructure assets; more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists; deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision; the development and deployment of best practices for use in digital construction management; increased technology adoption and deployment by States, local governmental authorities, and designated recipients that enables project sponsors— to integrate the adoption of digital management systems and technologies in contracts; and to weigh the cost of digitization and technology in setting project budgets; technology training and workforce development to build the capabilities of project managers and sponsors that enables States, local governmental authorities, or designated recipients— to better manage projects using advanced construction management technologies; and to properly measure and reward technology adoption across projects; development of guidance to assist States, local governmental authorities, and designated recipients in updating regulations to allow project sponsors and contractors— to report data relating to the project in digital formats; and to fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies; reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects; and enhanced worker and pedestrian safety resulting from increased transparency. The reporting requirements for the accelerated implementation and deployment of advanced digital construction management systems program established under section 503(c)(5) of title 23 shall include data and analysis collected under this section.

(c) Research.— The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection (b)(2) to carry out a public transportation research project that has as its ultimate goal the development and deployment of new and innovative ideas, practices, and approaches. A public transportation research project that receives assistance under paragraph (1) shall focus on— providing more effective and efficient public transportation service, including services to— seniors; individuals with disabilities; and low-income individuals; mobility management and improvements and travel management systems; data and communication system advancements; system capacity, including— train control; capacity improvements; and performance management; capital and operating efficiencies; planning and forecasting modeling and simulation; advanced vehicle design; advancements in vehicle technology; asset maintenance and repair systems advancement; construction and project management; alternative fuels; the environment and energy efficiency; safety improvements; or any other area that the Secretary determines is important to advance the interests of public transportation.

(d) Innovation and Development.— The Secretary may make a grant to or enter into a contract, cooperative agreement, or other agreement under this section with an entity described in subsection (b)(2) to carry out a public transportation innovation and development project that seeks to improve public transportation systems nationwide in order to provide more efficient and effective delivery of public transportation services, including through technology and technological capacity improvements. A public transportation innovation and development project that receives assistance under paragraph (1) shall focus on— the development of public transportation research projects that received assistance under subsection (c) that the Secretary determines were successful; planning and forecasting modeling and simulation; capital and operating efficiencies; advanced vehicle design; advancements in vehicle technology; the environment and energy efficiency; system capacity, including train control and capacity improvements; or any other area that the Secretary determines is important to advance the interests of public transportation.

(e) Demonstration, Deployment, and Evaluation.— The Secretary may, under terms and conditions that the Secretary prescribes, make a grant to or enter into a contract, cooperative agreement, or other agreement with an entity described in paragraph (2) to promote the early deployment and demonstration of innovation in public transportation that has broad applicability. An entity described in this paragraph is— an entity described in subsection (b)(2); or a consortium of entities described in subsection (b)(2), including a provider of public transportation, that will share the costs, risks, and rewards of early deployment and demonstration of innovation. A demonstration, deployment, or evaluation project that receives assistance under paragraph (1) shall seek to build on successful research, innovation, and development efforts to facilitate— the deployment of research and technology development resulting from private efforts or Federally funded efforts; the implementation of research and technology development to advance the interests of public transportation; or the deployment of low or no emission vehicles, zero emission vehicles, or associated advanced technology. Not later than 2 years after the date on which a project receives assistance under paragraph (1), the Secretary shall conduct a comprehensive evaluation of the success or failure of the projects funded under this subsection and any plan for broad-based implementation of the innovation promoted by successful projects. The Secretary may not make grants under this subsection for the demonstration, deployment, or evaluation of a vehicle that is in revenue service unless the Secretary determines that the project makes significant technological advancements in the vehicle. In this subsection— the term “direct carbon emissions” means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency; the term “low or no emission vehicle” means— a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or a zero emission vehicle used to provide public transportation; and the term “zero emission vehicle” means a low or no emission vehicle that produces no carbon or particulate matter.

(f) Annual Report on Research.— Not later than the first Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes— a description of each project that received assistance under this section during the preceding fiscal year; an evaluation of each project described in paragraph (1), including any evaluation conducted under subsection (e)(4) for the preceding fiscal year; and a strategic research roadmap proposal for allocations of amounts for assistance under this section for the current and subsequent fiscal year, including anticipated work areas, proposed demonstrations and strategic partnership opportunities; Not less than every 3 months, the Secretary shall update on the Web site of the Department of Transportation the information described in paragraph (1)(C) to reflect any changes to the Secretary’s plans to make assistance available under this section. The Secretary is encouraged to develop long-term research plans and shall identify in the annual report under paragraph (1) and in updates under paragraph (2) allocations of amounts for assistance and notices of funding opportunities to execute long-term strategic research roadmap plans.

(g) Government Share of Costs.— The Government share of the cost of a project carried out under this section shall not exceed 80 percent, except that if there is substantial public interest or benefit, the Secretary may approve a greater Federal share. The non-Government share of the cost of a project carried out under this section may be derived from in-kind contributions. If the Secretary determines that there would be a clear and direct financial benefit to an entity under a grant, contract, cooperative agreement, or other agreement under this section, the Secretary shall establish a Government share of the costs of the project to be carried out under the grant, contract, cooperative agreement, or other agreement that is consistent with the benefit.

(h) Low or No Emission Vehicle Component Assessment.— In this subsection— the term “covered institution of higher education” means an institution of higher education with which the Secretary enters into a contract or cooperative agreement, or to which the Secretary makes a grant, under paragraph (2)(B) to operate a facility selected under paragraph (2)(A); the terms “direct carbon emissions” and “low or no emission vehicle” have the meanings given those terms in subsection (e)(6); the term “institution of higher education” has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); and the term “low or no emission vehicle component” means an item that is separately installed in and removable from a low or no emission vehicle. The Secretary shall competitively select at least 1 facility— to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles; and to conduct directed technology research. The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, at least 1 institution of higher education to operate and maintain a facility to conduct testing, evaluation, and analysis of low or no emission vehicle components, and new and emerging technology components, intended for use in low or no emission vehicles. An institution of higher education described in clause (i) shall have— capacity to carry out transportation-related advanced component and vehicle evaluation; laboratories capable of testing and evaluation; and direct access to or a partnership with a testing facility capable of emulating real-world circumstances in order to test low or no emission vehicle components installed on the intended vehicle. A covered institution of higher education shall establish and collect fees, which shall be approved by the Secretary, for the assessment of low or no emission vehicle components at the applicable facility selected under subparagraph (A). The Secretary shall enter into a contract or cooperative agreement with, or make a grant to an institution of higher education under which— the Secretary shall pay 50 percent of the cost of assessing a low or no emission vehicle component at the applicable facility selected under subparagraph (A) from amounts made available to carry out this section; and the remaining 50 percent of such cost shall be paid from amounts recovered through the fees established and collected pursuant to subparagraph (C). A manufacturer of a low or no emission vehicle component is not required to assess the low or no emission vehicle component at a facility selected under subparagraph (A). Notwithstanding whether a low or no emission vehicle component is assessed at a facility selected under subparagraph (A), each new bus model shall comply with the requirements under section 5318. A facility selected under subparagraph (A) shall be separate and distinct from the facility operated and maintained under section 5318. A facility operated and maintained under subparagraph (A) may use funds made available under this subsection for— acquisition of equipment and capital projects related to testing low or no emission vehicle components; or research related to advanced vehicle technologies that provides advancements to the entire public transportation industry. The cost share for activities described in subparagraph (H) shall be subject to the terms in subsection (g). Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2015, and annually thereafter, the Secretary shall issue a report on low or no emission vehicle component assessments conducted at each facility selected under paragraph (2)(A), which shall include information related to the maintainability, reliability, performance, structural integrity, efficiency, and noise of those low or no emission vehicle components, as applicable. Each assessment conducted at a facility selected under paragraph (2)(A) shall be made publicly available, including to affected industries. Nothing in this subsection shall be construed to require— a low or no emission vehicle component to be tested at a facility selected under paragraph (2)(A); or the development or disclosure of a privately funded component assessment.

(i) Transit Cooperative Research Program.— The amounts made available under section 5338(a)(2)(G)(ii) are available for a public transportation cooperative research program. The Secretary shall establish an independent governing board for the program under this subsection. The board shall recommend public transportation research, development, and technology transfer activities the Secretary considers appropriate. The Secretary may make grants to, and enter into cooperative agreements with, the National Academy of Sciences to carry out activities under this subsection that the Secretary considers appropriate. If there would be a clear and direct financial benefit to an entity under a grant or contract financed under this subsection, the Secretary shall establish a Government share consistent with that benefit. Subsections (f) and (g) shall not apply to activities carried out under this subsection.

[§ 5313 Repealed. Pub. L. 114–94, div. A, title III, § 3030(b), Dec. 4, 2015, 129 Stat. 1496]

§ 5314 Technical assistance and workforce development

(a) Technical Assistance and Standards.— The Secretary may make grants and enter into contracts, cooperative agreements, and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) to carry out activities that the Secretary determines will assist recipients of assistance under this chapter to— more effectively and efficiently provide public transportation service; administer funds received under this chapter in compliance with Federal law; and improve public transportation. The activities carried out under subparagraph (A) may include— technical assistance; and the development of voluntary and consensus-based standards and best practices by the public transportation industry, including standards and best practices for safety, fare collection, intelligent transportation systems, accessibility, procurement, security, asset management to maintain a state of good repair, operations, maintenance, vehicle propulsion, communications, and vehicle electronics. The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations that have the appropriate demonstrated capacity to provide public-transportation-related technical assistance under this subsection. The Secretary may enter into such contracts, cooperative agreements, and other agreements to assist providers of public transportation to— comply with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) through technical assistance, demonstration programs, research, public education, and other activities related to complying with such Act; comply with human services transportation coordination requirements and to enhance the coordination of Federal resources for human services transportation with those of the Department of Transportation through technical assistance, training, and support services related to complying with such requirements; meet the transportation needs of elderly individuals; increase transit ridership in coordination with metropolitan planning organizations and other entities through development around public transportation stations through technical assistance and the development of tools, guidance, and analysis related to market-based development around transit stations; address transportation equity with regard to the effect that transportation planning, investment, and operations have for low-income and minority individuals; facilitate best practices to promote bus driver safety; meet the requirements of sections 5323(j) and 5323(m); assist with the development and deployment of low or no emission vehicles (as defined in section 5339(c)(1)) or low or no emission vehicle components (as defined in section 5312(h)(1)); and any other technical assistance activity that the Secretary determines is necessary to advance the interests of public transportation. Not later than the first Monday in February of each year, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report that includes— a description of each project that received assistance under this subsection during the preceding fiscal year; an evaluation of the activities carried out by each organization that received assistance under this subsection during the preceding fiscal year; a proposal for allocations of amounts for assistance under this subsection for the subsequent fiscal year; and measurable outcomes and impacts of the programs funded under subsections (b) and (c). The Government share of the cost of an activity carried out using a grant under this subsection may not exceed 80 percent. The non-Government share of the cost of an activity carried out using a grant under this subsection may be derived from in-kind contributions.

(b) Human Resources and Training.— The Secretary may undertake, or make grants and contracts for, programs that address human resource needs as they apply to public transportation activities. A program may include— an employment training program; an outreach program to increase employment for veterans, females, individuals with a disability, minorities (including American Indians or Alaska Natives, Asian, Black or African Americans, native Hawaiians or other Pacific Islanders, and Hispanics) in public transportation activities; research on public transportation personnel and training needs; training and assistance for veteran and minority business opportunities; and consensus-based national training standards and certifications in partnership with industry stakeholders. The Secretary shall establish a competitive grant program to assist the development of innovative activities eligible for assistance under paragraph (1). A program eligible for assistance under paragraph (1) shall— develop apprenticeships, on-the-job training, and instructional training for public transportation maintenance and operations occupations; build local, regional, and statewide public transportation training partnerships with local public transportation operators, labor union organizations, workforce development boards, and State workforce agencies to identify and address workforce skill gaps; improve safety, security, and emergency preparedness in local public transportation systems through improved safety culture and workforce communication with first responders and the riding public; and address current or projected workforce shortages by developing partnerships with high schools, community colleges, and other community organizations. To the maximum extent feasible, the Secretary shall select recipients that— are geographically diverse; address the workforce and human resources needs of large public transportation providers; address the workforce and human resources needs of small public transportation providers; address the workforce and human resources needs of urban public transportation providers; address the workforce and human resources needs of rural public transportation providers; advance training related to maintenance of low or no emission vehicles and facilities used in public transportation; target areas with high rates of unemployment; advance opportunities for minorities, women, veterans, individuals with disabilities, low-income populations, and other underserved populations; and address in-demand industry sector or occupation, as such term is defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). A recipient of assistance under this subsection shall demonstrate outcomes for any program that includes skills training, on-the-job training, and work-based learning, including— the impact on reducing public transportation workforce shortages in the area served; the diversity of training participants; the number of participants obtaining certifications or credentials required for specific types of employment; employment outcomes, including job placement, job retention, and wages, using performance metrics established in consultation with the Secretary and the Secretary of Labor and consistent with metrics used by programs under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq.); and to the extent practical, evidence that the program did not preclude workers who are participating in skills training, on-the-job training, and work-based learning from being referred to, or hired on, projects funded under this chapter without regard to the length of time of their participation in the program. The Secretary shall make publicly available a report on the Frontline Workforce Development Program for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of activities carried out under this paragraph, an evaluation of the program, and policy recommendations to improve program effectiveness. The Government share of the cost of a project carried out using a grant under paragraph (1) or (2) shall be 50 percent. Not more than 0.5 percent of amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditures by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection.

(c) National Transit Institute.— The Secretary shall establish a national transit institute and award grants to a public 4-year degree-granting institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ), in order to carry out the duties of the institute. In cooperation with the Federal Transit Administration, State transportation departments, public transportation authorities, and national and international entities, the institute established under paragraph (1) shall develop and conduct training and educational programs for Federal, State, and local transportation employees, United States citizens, and foreign nationals engaged or to be engaged in Government-aid public transportation work. The training and educational programs developed under subparagraph (A) may include courses in recent developments, techniques, and procedures related to— intermodal and public transportation planning; management; environmental factors; acquisition and joint use rights-of-way; engineering and architectural design; procurement strategies for public transportation systems; turnkey approaches to delivering public transportation systems; new technologies; emission reduction technologies; ways to make public transportation accessible to individuals with disabilities; construction, construction management, insurance, and risk management; maintenance; contract administration; inspection; innovative finance; workplace safety; and public transportation security. Education and training of Government, State, and local transportation employees under this subsection shall be provided— by the Secretary at no cost to the States and local governments for subjects that are a Government program responsibility; or when the education and training are paid under paragraph (4), by the State, with the approval of the Secretary, through grants and contracts with public and private agencies, other institutions, individuals, and the institute. Not more than 0.5 percent of amounts made available to a recipient under sections 5307, 5337, and 5339 is available for expenditures by the recipient, with the approval of the Secretary, to pay not more than 80 percent of the cost of eligible activities under this subsection. A recipient may use amounts made available under subparagraph (A) to carry out existing local education and training programs for public transportation employees supported by the Secretary, the Department of Labor, or the Department of Education.

§ 5315 Private sector participation

(a) General Purposes.— In the interest of fulfilling the general purposes of this chapter under section 5301(b), the Secretary shall— better coordinate public and private sector-provided public transportation services; promote more effective utilization of private sector expertise, financing, and operational capacity to deliver costly and complex new fixed guideway capital projects; and promote transparency and public understanding of public-private partnerships affecting public transportation.

(b) Actions to Promote Better Coordination Between Public and Private Sector Providers of Public Transportation.— The Secretary shall— provide technical assistance to recipients of Federal transit grant assistance, at the request of a recipient, on practices and methods to best utilize private providers of public transportation; and educate recipients of Federal transit grant assistance on laws and regulations under this chapter that impact private providers of public transportation.

(c) Actions to Provide Technical Assistance for Alternative Project Delivery Methods.— Upon request by a sponsor of a new fixed guideway capital project, the Secretary shall— identify best practices for public-private partnerships models in the United States and in other countries; develop standard public-private partnership transaction model contracts; and perform financial assessments that include the calculation of public and private benefits of a proposed public-private partnership transaction.

(d) Rule of Construction.— Nothing in this section shall be construed to alter— the eligibilities, requirements, or priorities for assistance provided under this chapter; or the requirements of section 5306(a).

[§§ 5316, 5317 Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]

§ 5318 Bus testing facility

(a) Facility.— The Secretary shall maintain one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise.

(b) Operation and Maintenance.— The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, a qualified person or organization to operate and maintain the facility. The contract, cooperative agreement, or grant may provide for the testing of rail cars and other public transportation vehicles at the facility.

(c) Fees.— The person operating and maintaining the facility shall establish and collect fees for the testing of vehicles at the facility. The Secretary must approve the fees.

(d) Availability of Amounts To Pay for Testing.— The Secretary shall enter into a contract or cooperative agreement with, or make a grant to, the operator of the facility under which the Secretary shall pay 80 percent of the cost of testing a vehicle at the facility from amounts available to carry out this section. The entity having the vehicle tested shall pay 20 percent of the cost.

(e) Acquiring New Bus Models.— Amounts appropriated or otherwise made available under this chapter may be obligated or expended to acquire a new bus model only if— a bus of that model has been tested at a facility authorized under subsection (a); and the bus tested under subparagraph (A) met— performance standards for maintainability, reliability, performance (including braking performance), structural integrity, fuel economy, emissions, and noise, as established by the Secretary by rule; and the minimum safety performance standards established by the Secretary pursuant to section 5329(b). Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule under subparagraph (B)(i). The final rule issued under paragraph 1 (B)(i) shall include a bus model scoring system that results in a weighted, aggregate score that uses the testing categories under subsection (a) and considers the relative importance of each such testing category. The final rule issued under subparagraph (B)(i) shall establish a “pass/fail” standard that uses the aggregate score described in the preceding sentence. Amounts appropriated or otherwise made available under this chapter may be obligated or expended to acquire a new bus model only if the new bus model has received a passing aggregate test score. The Secretary shall work with the bus testing facility, bus manufacturers, and transit agencies to develop the bus model scoring system under this paragraph. A passing aggregate test score under the rule issued under subparagraph (B)(i) indicates only that amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model and shall not be interpreted as a warranty or guarantee that the new bus model will meet a purchaser’s specific requirements.

(f) Capital Equipment.— A facility operated and maintained under this section may use funds made available under this section for the acquisition of equipment and capital projects related to testing new bus models.

[§ 5319 Repealed. Pub. L. 114–94, div. A, title III, § 3030(c), Dec. 4, 2015, 129 Stat. 1497]

[§ 5320 Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]

§ 5321 Crime prevention and security

The Secretary of Transportation may make capital grants from amounts available under section 5338 of this title to public transportation systems for crime prevention and security. This chapter does not prevent the financing of a project under this section when a local governmental authority other than the grant applicant has law enforcement responsibilities. ( Pub. L. 103–272, § 1(d) , July 5, 1994 , 108 Stat. 820 ; Pub. L. 109–59, title III, § 3002(b)(4) , Aug. 10, 2005 , 119 Stat. 1545 .)

[§ 5322 Repealed. Pub. L. 114–94, div. A, title III, § 3030(d), Dec. 4, 2015, 129 Stat. 1497]

§ 5323 General provisions

(a) Interests in Property.— Financial assistance provided under this chapter to a State or a local governmental authority may be used to acquire an interest in, or to buy property of, a private company engaged in public transportation, for a capital project for property acquired from a private company engaged in public transportation after July 9, 1964 , or to operate a public transportation facility or equipment in competition with, or in addition to, transportation service provided by an existing public transportation company, only if— the Secretary determines that such financial assistance is essential to a program of projects required under sections 5303, 5304, and 5306; the Secretary determines that the program provides for the participation of private companies engaged in public transportation to the maximum extent feasible; and just compensation under State or local law will be paid to the company for its franchise or property. A governmental authority may not use financial assistance of the United States Government to acquire land, equipment, or a facility used in public transportation from another governmental authority in the same geographic area.

(b) Relocation and Real Property Requirements.— The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq.) shall apply to financial assistance for capital projects under this chapter.

(c) Consideration of Economic, Social, and Environmental Interests.— The Secretary shall cooperate and consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency on each project that may have a substantial impact on the environment. The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) shall apply to financial assistance for capital projects under this chapter.

(d) Condition on Charter Bus Transportation Service.— Financial assistance under this chapter may be used to buy or operate a bus only if the applicant, governmental authority, or publicly owned operator that receives the assistance agrees that, except as provided in the agreement, the governmental authority or an operator of public transportation for the governmental authority will not provide charter bus transportation service outside the urban area in which it provides regularly scheduled public transportation service. An agreement shall provide for a fair arrangement the Secretary of Transportation considers appropriate to ensure that the assistance will not enable a governmental authority or an operator for a governmental authority to foreclose a private operator from providing intercity charter bus service if the private operator can provide the service. On receiving a complaint about a violation of the agreement required under paragraph (1), the Secretary shall investigate and decide whether a violation has occurred. If the Secretary decides that a violation has occurred, the Secretary shall correct the violation under terms of the agreement. In addition to any remedy specified in the agreement, the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate if the Secretary finds a pattern of violations of the agreement.

(e) Bond Proceeds Eligible for Local Share.— Notwithstanding any other provision of law, a recipient of assistance under section 5307, 5309, or 5337 may use the proceeds from the issuance of revenue bonds as part of the local matching funds for a capital project. The Secretary shall approve of the use of the proceeds from the issuance of revenue bonds for the remainder of the net project cost only if the Secretary finds that the aggregate amount of financial support for public transportation in the urbanized area provided by the State and affected local governmental authorities during the next 3 fiscal years, as programmed in the State transportation improvement program under section 5304, is not less than the aggregate amount provided by the State and affected local governmental authorities in the urbanized area during the preceding 3 fiscal years. The Secretary may reimburse an eligible recipient for deposits of bond proceeds in a debt service reserve that the recipient establishes pursuant to section 5302(4)(J) from amounts made available to the recipient under section 5309.

(f) Schoolbus Transportation.— Financial assistance under this chapter may be used for a capital project, or to operate public transportation equipment or a public transportation facility, only if the applicant agrees not to provide schoolbus transportation that exclusively transports students and school personnel in competition with a private schoolbus operator. This subsection does not apply— to an applicant that operates a school system in the area to be served and a separate and exclusive schoolbus program for the school system; and unless a private schoolbus operator can provide adequate transportation that complies with applicable safety standards at reasonable rates. If the Secretary finds that an applicant, governmental authority, or publicly owned operator has violated the agreement required under paragraph (1), the Secretary shall bar a recipient or an operator from receiving Federal transit assistance in an amount the Secretary considers appropriate.

(g) Buying Buses Under Other Laws.— Subsections (d) and (f) of this section apply to financial assistance to buy a bus under sections 133 and 142 of title 23.

(h) Grant and Loan Prohibitions.— A grant or loan may not be used to— pay ordinary governmental or nonproject operating expenses; pay incremental costs of incorporating art or non-functional landscaping into facilities, including the costs of an artist on the design team; or support a procurement that uses an exclusionary or discriminatory specification.

(i) Government Share of Costs for Certain Projects.— A grant for a project to be assisted under this chapter that involves acquiring vehicles for purposes of complying with or maintaining compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) or the Clean Air Act is for 85 percent of the net project cost. A grant for a project to be assisted under this chapter that involves acquiring vehicle-related equipment or facilities required by the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) or vehicle-related equipment or facilities (including clean fuel or alternative fuel vehicle-related equipment or facilities) for purposes of complying with or maintaining compliance with the Clean Air Act, is for 90 percent of the net project cost of such equipment or facilities attributable to compliance with those Acts. The Secretary shall have discretion to determine, through practicable administrative procedures, the costs of such equipment or facilities attributable to compliance with those Acts. The local matching share provided by a recipient of assistance for a capital project under this chapter may include any amounts expended by a provider of public transportation by vanpool for the acquisition of rolling stock to be used by such provider in the recipient’s service area, excluding any amounts the provider may have received in Federal, State, or local government assistance for such acquisition. A private provider of public transportation by vanpool may use revenues it receives in the provision of public transportation service in the service area of a recipient of assistance under this chapter that are in excess of the provider’s operating costs for the purpose of acquiring rolling stock, if the private provider enters into a legally binding agreement with the recipient that requires the provider to use the rolling stock in the recipient’s service area. In this paragraph, the following definitions apply: The term “private provider of public transportation by vanpool” means a private entity providing vanpool services in the service area of a recipient of assistance under this chapter using a commuter highway vehicle or vanpool vehicle. The term “commuter highway vehicle or vanpool vehicle” means any vehicle— the seating capacity of which is at least 6 adults (not including the driver); and at least 80 percent of the mileage use of which can be reasonably expected to be for the purposes of transporting commuters in connection with travel between their residences and their place of employment.

(j) Buy America.— The Secretary may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States. The Secretary may waive paragraph (1) of this subsection if the Secretary finds that— applying paragraph (1) would be inconsistent with the public interest; the steel, iron, and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; when procuring rolling stock (including train control, communication, traction power equipment, and rolling stock prototypes) under this chapter— the cost of components and subcomponents produced in the United States— for fiscal years 2016 and 2017, is more than 60 percent of the cost of all components of the rolling stock; for fiscal years 2018 and 2019, is more than 65 percent of the cost of all components of the rolling stock; and for fiscal year 2020 and each fiscal year thereafter, is more than 70 percent of the cost of all components of the rolling stock; and final assembly of the rolling stock has occurred in the United States; or including domestic material will increase the cost of the overall project by more than 25 percent. Before issuing a waiver under paragraph (2), the Secretary shall— publish in the Federal Register and make publicly available in an easily identifiable location on the website of the Department of Transportation a detailed written explanation of the waiver determination; and provide the public with a reasonable period of time for notice and comment. Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, and annually thereafter, the Secretary shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report listing any waiver issued under paragraph (2) during the preceding year. In this subsection, labor costs involved in final assembly are not included in calculating the cost of components. In carrying out paragraph (2)(C) in the case of a rolling stock procurement receiving assistance under this chapter in which the average cost of a rolling stock vehicle in the procurement is more than $300,000,ifrollingstockframesorcarshellsarenotproducedintheUnitedStates,theSecretaryshallincludeinthecalculationofthedomesticcontentoftherollingstockthecostofsteelorironthatisproducedintheUnitedStatesandusedintherollingstockframesorcarshells.IftheSecretarydeniesanapplicationforawaiverunderparagraph(2),theSecretaryshallprovidetotheapplicantawrittencertificationthat—thesteel,iron,ormanufacturedgoods,asapplicable,(referredtointhissubparagraphasthe“item”)isproducedintheUnitedStatesinasufficientandreasonablyavailableamount;theitemproducedintheUnitedStatesisofasatisfactoryquality;andincludesalistofknownmanufacturersintheUnitedStatesfromwhichtheitemcanbeobtained.TheSecretaryshalldisclosethewaiverdenialandthewrittencertificationtothepublicinaneasilyidentifiablelocationonthewebsiteoftheDepartmentofTransportation.TheSecretarymaynotmakeawaiverunderparagraph(2)ofthissubsectionforgoodsproducedinaforeigncountryiftheSecretary,inconsultationwiththeUnitedStatesTradeRepresentative,decidesthatthegovernmentofthatforeigncountry—hasanagreementwiththeUnitedStatesGovernmentunderwhichtheSecretaryhaswaivedtherequirementofthissubsection;andhasviolatedtheagreementbydiscriminatingagainstgoodstowhichthissubsectionappliesthatareproducedintheUnitedStatesandtowhichtheagreementapplies.Apersonisineligibleundersubpart9.4oftheFederalAcquisitionRegulation,oranysuccessorthereto,toreceiveacontractorsubcontractmadewithamountsauthorizedundertheFederalPublicTransportationActof2015ifacourtordepartment,agency,orinstrumentalityoftheGovernmentdecidesthepersonintentionally—affixeda“MadeinAmerica”label,oralabelwithaninscriptionhavingthesamemeaning,togoodssoldinorshippedtotheUnitedStatesthatareusedinaprojecttowhichthissubsectionappliesbutnotproducedintheUnitedStates;orrepresentedthatgoodsdescribedinsubparagraph(A)ofthisparagraphwereproducedintheUnitedStates.TheSecretarymaynotimposeanylimitationonassistanceprovidedunderthischapterthatrestrictsaStatefromimposingmorestringentrequirementsthanthissubsectionontheuseofarticles,materials,andsuppliesmined,produced,ormanufacturedinforeigncountriesinprojectscarriedoutwiththatassistanceorrestrictsarecipientofthatassistancefromcomplyingwiththoseState-imposedrequirements.TheSecretarymayallowamanufacturerorsupplierofsteel,iron,ormanufacturedgoodstocorrectafterbidopeninganycertificationofnoncomplianceorfailuretoproperlycompletethecertification(butnotincludingfailuretosignthecertification)underthissubsectionifsuchmanufacturerorsupplierattestsunderpenaltyofperjurythatsuchmanufacturerorsuppliersubmittedanincorrectcertificationasaresultofaninadvertentorclericalerror.Theburdenofestablishinginadvertentorclericalerrorisonthemanufacturerorsupplier.Apartyadverselyaffectedbyanagencyactionunderthissubsectionshallhavetherighttoseekreviewundersection702oftitle5.Forpurposesofthissubsection,steelandironmeetingtherequirementsofsection661.5(b)oftitle49,CodeofFederalRegulationsmaybeconsideredproducedintheUnitedStates.Forpurposesofdeterminingwhetherapurchasequalifiesforageneralpublicinterestwaiverunderparagraph(2)(A)ofthissubsection,includingunderanyregulationpromulgatedunderthatparagraph,theterm“smallpurchase”meansapurchaseofnotmorethan$150,000.

(k) Participation of Governmental Agencies in Design and Delivery of Transportation Services.— Governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall— participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and be included in the planning for those services.

(l) Relationship to Other Laws.— Section 1001 of title 18 applies to a certificate, submission, or statement provided under this chapter. The Secretary may terminate financial assistance under this chapter and seek reimbursement directly, or by offsetting amounts, available under this chapter if the Secretary determines that a recipient of such financial assistance has made a false or fraudulent statement or related act in connection with a Federal public transportation program. The provision of assistance under this chapter shall not be construed to require the application of chapter 15 of title 5 to any nonsupervisory employee of a public transportation system (or any other agency or entity performing related functions) to whom such chapter does not otherwise apply.

(m) Preaward and Postdelivery Review of Rolling Stock Purchases.— The Secretary shall prescribe regulations requiring a preaward and postdelivery review of a grant under this chapter to buy rolling stock to ensure compliance with Government motor vehicle safety requirements, subsection (j) of this section, and bid specifications requirements of grant recipients under this chapter. Under this subsection, independent inspections and review are required, and a manufacturer certification is not sufficient. Rolling stock procurements of 20 vehicles or fewer made for the purpose of serving rural areas and urbanized areas with populations of 200,000 or fewer shall be subject to the same requirements as established for procurements of 10 or fewer buses under the post-delivery purchaser’s requirements certification process under section 663.37(c) of title 49, Code of Federal Regulations.

(n) Submission of Certifications.— A certification required under this chapter and any additional certification or assurance required by law or regulation to be submitted to the Secretary may be consolidated into a single document to be submitted annually as part of a grant application under this chapter. The Secretary shall publish annually a list of all certifications required under this chapter with the publication required under section 5336(d)(2).

(o) Grant Requirements.— The grant requirements under sections 5307, 5309, and 5337 apply to any project under this chapter that receives any assistance or other financing under chapter 6 (other than section 609) of title 23.

(p) Alternative Fueling Facilities.— A recipient of assistance under this chapter may allow the incidental use of federally funded alternative fueling facilities and equipment by nontransit public entities and private entities if— the incidental use does not interfere with the recipient’s public transportation operations; all costs related to the incidental use are fully recaptured by the recipient from the nontransit public entity or private entity; the recipient uses revenues received from the incidental use in excess of costs for planning, capital, and operating expenses that are incurred in providing public transportation; and private entities pay all applicable excise taxes on fuel.

(q) Corridor Preservation.— The Secretary may assist a recipient in acquiring right-of-way before the completion of the environmental reviews for any project that may use the right-of-way if the acquisition is otherwise permitted under Federal law. Right-of-way acquired under this subsection may not be developed in anticipation of the project until all required environmental reviews for the project have been completed.

(r) Reasonable Access to Public Transportation Facilities.— A recipient of assistance under this chapter may not deny reasonable access for a private intercity or charter transportation operator to federally funded public transportation facilities, including intermodal facilities, park and ride lots, and bus-only highway lanes. In determining reasonable access, capacity requirements of the recipient of assistance and the extent to which access would be detrimental to existing public transportation services must be considered.

(s) Value Capture Revenue Eligible for Local Share.— Notwithstanding any other provision of law, a recipient of assistance under this chapter may use the revenue generated from value capture financing mechanisms as local matching funds for capital projects and operating costs eligible under this chapter.

(t) Special Condition on Charter Bus Transportation Service.— If, in a fiscal year, the Secretary is prohibited by law from enforcing regulations related to charter bus service under part 604 of title 49, Code of Federal Regulations, for any transit agency that during fiscal year 2008 was both initially granted a 60-day period to come into compliance with such part 604, and then was subsequently granted an exception from such part— the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for such fiscal year; and any amounts withheld pursuant to paragraph (1) shall be added to the amount that the Secretary may apportion under section 5336 in the following fiscal year.

(u) Limitation on Certain Rolling Stock Procurements.— Except as provided in paragraph (5), financial assistance made available under this chapter shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock— is incorporated in or has manufacturing facilities in the United States; and is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that— is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) )) as of the date of enactment of this subsection; was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 ( 19 U.S.C. 2416 ). For purposes of paragraph (1), the term “otherwise related legally or financially” does not include— a minority relationship or investment; or relationship with or investment in a subsidiary, joint venture, or other entity based in a country described in paragraph (1)(B) that does not export rolling stock or components of rolling stock for use in the United States. This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements. Except as provided in paragraph (5), as a condition of financial assistance made available in a fiscal year under section 5337, a recipient that operates rail fixed guideway service shall certify in that fiscal year that the recipient will not award any contract or subcontract for the procurement of rail rolling stock for use in public transportation with a rail rolling stock manufacturer described in paragraph (1). The certification required under this paragraph shall be in addition to any certification the Secretary establishes to ensure compliance with the requirements of paragraph (1). This subsection, including the certification requirement under paragraph (4), shall not apply to the award of any contract or subcontract made by a public transportation agency with a rail rolling stock manufacturer described in paragraph (1) if the manufacturer and the public transportation agency have executed a contract for rail rolling stock before the date of enactment of this subsection. Except as provided in subparagraph (C) and for a contract or subcontract that is not described in subparagraph (A), this subsection, including the certification requirement under paragraph (4), shall not apply to the award of a contract or subcontract made by a public transportation agency with any rolling stock manufacturer for the 2-year period beginning on or after the date of enactment of this subsection. Subparagraph (B) shall not apply to the award of a contract or subcontract made by the Washington Metropolitan Area Transit Authority.

(v) Cybersecurity Certification for Rail Rolling Stock and Operations.— As a condition of financial assistance made available under this chapter, a recipient that operates a rail fixed guideway public transportation system shall certify that the recipient has established a process to develop, maintain, and execute a written plan for identifying and reducing cybersecurity risks. For the process required under paragraph (1), a recipient of assistance under this chapter shall— utilize the approach described by the voluntary standards and best practices developed under section 2(c)(15) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(c)(15) ), as applicable; identify hardware and software that the recipient determines should undergo third-party testing and analysis to mitigate cybersecurity risks, such as hardware or software for rail rolling stock under proposed procurements; and utilize the approach described in any voluntary standards and best practices for rail fixed guideway public transportation systems developed under the authority of the Secretary of Homeland Security, as applicable. Nothing in this subsection shall be construed to interfere with the authority of— the Secretary of Homeland Security to publish or ensure compliance with requirements or standards concerning cybersecurity for rail fixed guideway public transportation systems; or the Secretary of Transportation under section 5329 to address cybersecurity issues as those issues relate to the safety of rail fixed guideway public transportation systems.

§ 5324 Public transportation emergency relief program

(a) Definition.— In this section the following definitions shall apply: The term “eligible operating costs” means costs relating to— evacuation services; rescue operations; temporary public transportation service; or reestablishing, expanding, or relocating public transportation route service before, during, or after an emergency. The term “emergency” means a natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, as a result of which— the Governor of a State has declared an emergency and the Secretary has concurred; or the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ).

(b) General Authority.— The Secretary may make grants and enter into contracts and other agreements (including agreements with departments, agencies, and instrumentalities of the Government) for— capital projects to protect, repair, reconstruct, or replace equipment and facilities of a public transportation system operating in the United States or on an Indian reservation that the Secretary determines is in danger of suffering serious damage, or has suffered serious damage, as a result of an emergency; and eligible operating costs of public transportation equipment and facilities in an area directly affected by an emergency during— the 1-year period beginning on the date of a declaration described in subsection (a)(2); or if the Secretary determines there is a compelling need, the 2-year period beginning on the date of a declaration described in subsection (a)(2).

(c) Coordination of Emergency Funds.— Funds appropriated to carry out this section shall be in addition to any other funds available under this chapter. The provision of funds under this section shall not affect the ability of any other agency of the Government, including the Federal Emergency Management Agency, or a State agency, a local governmental entity, organization, or person, to provide any other funds otherwise authorized by law. The Secretary shall notify the Secretary of Homeland Security of the purpose and amount of any grant made or contract or other agreement entered into under this section.

(d) Grant Requirements.— A grant awarded under this section or under section 5307 or 5311 that is made to address an emergency defined under subsection (a)(2) shall be— subject to the terms and conditions the Secretary determines are necessary; and made only for expenses that are not reimbursed under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.).

(e) Government Share of Costs.— A grant, contract, or other agreement for a capital project or eligible operating costs under this section shall be, at the option of the recipient, for not more than 80 percent of the net project cost, as determined by the Secretary. The remainder of the net project cost may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital. The Secretary may waive, in whole or part, the non-Federal share required under— paragraph (2); or section 5307 or 5311, in the case of a grant made available under section 5307 or 5311, respectively, to address an emergency.

(f) Insurance.— Before receiving a grant under this section following an emergency, an applicant shall— submit to the Secretary documentation demonstrating proof of insurance required under Federal law for all structures related to the grant application; and certify to the Secretary that the applicant has insurance required under State law for all structures related to the grant application.

§ 5325 Contract requirements

(a) Competition.— Recipients of assistance under this chapter shall conduct all procurement transactions in a manner that provides full and open competition as determined by the Secretary.

(b) Architectural, Engineering, and Design Contracts.— A contract or requirement for program management, architectural engineering, construction management, a feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which Federal assistance is provided under this chapter shall be awarded in the same way as a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement of a State adopted before August 10, 2005 . When awarding a contract described in paragraph (1), recipients of assistance under this chapter shall comply with the following requirements: Any contract or subcontract awarded under this chapter shall be performed and audited in compliance with cost principles contained in part 31 of the Federal Acquisition Regulation, or any successor thereto. A recipient of funds under a contract or subcontract awarded under this chapter shall accept indirect cost rates established in accordance with the Federal Acquisition Regulation for 1-year applicable accounting periods by a cognizant Federal or State government agency, if such rates are not currently under dispute. After a firm’s indirect cost rates are accepted under subparagraph (B), the recipient of the funds shall apply such rates for the purposes of contract estimation, negotiation, administration, reporting, and contract payment, and shall not be limited by administrative or de facto ceilings. A recipient requesting or using the cost and rate data described in subparagraph (C) shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided by the group of agencies sharing cost data under this subparagraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances.

(c) Efficient Procurement.— A recipient may award a procurement contract under this chapter to other than the lowest bidder if the award furthers an objective consistent with the purposes of this chapter, including improved long-term operating efficiency and lower long-term costs.

(d) Design-Build Projects.— In this subsection, the term “design-build project”— means a project under which a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system, or an operable segment of such system, that meets specific performance criteria; and may include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment. Federal financial assistance under this chapter may be provided for the capital costs of a design-build project after the recipient complies with Government requirements.

(e) Multiyear Rolling Stock.— A recipient procuring rolling stock with Government financial assistance under this chapter may make a multiyear contract to buy the rolling stock and replacement parts under which the recipient has an option to buy additional rolling stock or replacement parts for— not more than 5 years after the date of the original contract for bus procurements; and not more than 7 years after the date of the original contract for rail procurements, provided that such option does not allow for significant changes or alterations to the rolling stock. The Secretary shall allow recipients to act on a cooperative basis to procure rolling stock in compliance with this subsection and other Government procurement requirements.

(f) Acquiring Rolling Stock.— A recipient of financial assistance under this chapter may enter into a contract to expend that assistance to acquire rolling stock— based on— initial capital costs; or performance, standardization, life cycle costs, and other factors; or with a party selected through a competitive procurement process.

(g) Examination of Records.— Upon request, the Secretary and the Comptroller General, or any of their representatives, shall have access to and the right to examine and inspect all records, documents, and papers, including contracts, related to a project for which a grant is made under this chapter.

(h) Grant Prohibition.— A grant awarded under this chapter or the Federal Public Transportation Act of 2015 may not be used to support a procurement that uses an exclusionary or discriminatory specification.

(i) Bus Dealer Requirements.— No State law requiring buses to be purchased through in-State dealers shall apply to vehicles purchased with a grant under this chapter.

(j) Awards to Responsible Contractors.— Federal financial assistance under this chapter may be provided for contracts only if a recipient awards such contracts to responsible contractors possessing the ability to successfully perform under the terms and conditions of a proposed procurement. Before making an award to a contractor under paragraph (1), a recipient shall consider— the integrity of the contractor; the contractor’s compliance with public policy; the contractor’s past performance; and the contractor’s financial and technical resources.

(k) Veterans Employment.— Recipients and subrecipients of Federal financial assistance under this chapter shall ensure that contractors working on a capital project funded using such assistance give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5 ) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.

§ 5326 Transit asset management

(a) Definitions.— In this section the following definitions shall apply: The term “capital asset” includes equipment, rolling stock, infrastructure, and facilities for use in public transportation and owned or leased by a recipient or subrecipient of Federal financial assistance under this chapter. The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that— includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and the recipient certifies complies with the rule issued under this section. The term “transit asset management system” means a strategic and systematic process of operating, maintaining, and improving public transportation capital assets effectively throughout the life cycle of such assets.

(b) Transit Asset Management System.— The Secretary shall establish and implement a national transit asset management system, which shall include— a definition of the term “state of good repair” that includes objective standards for measuring the condition of capital assets of recipients, including equipment, rolling stock, infrastructure, and facilities; a requirement that recipients and subrecipients of Federal financial assistance under this chapter develop a transit asset management plan; a requirement that each designated recipient of Federal financial assistance under this chapter report on the condition of the system of the recipient and provide a description of any change in condition since the last report; an analytical process or decision support tool for use by public transportation systems that— allows for the estimation of capital investment needs of such systems over time; and assists with asset investment prioritization by such systems; and technical assistance to recipients of Federal financial assistance under this chapter.

(c) Performance Measures and Targets.— Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule to establish performance measures based on the state of good repair standards established under subsection (b)(1). Not later than 3 months after the date on which the Secretary issues a final rule under paragraph (1), and each fiscal year thereafter, each recipient of Federal financial assistance under this chapter shall establish performance targets in relation to the performance measures established by the Secretary. Each designated recipient of Federal financial assistance under this chapter shall submit to the Secretary an annual report that describes— the progress of the recipient during the fiscal year to which the report relates toward meeting the performance targets established under paragraph (2) for that fiscal year; and the performance targets established by the recipient for the subsequent fiscal year.

(d) Rulemaking.— Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a final rule to implement the transit asset management system described in subsection (b).

§ 5327 Project management oversight

(a) Project Management Plan Requirements.— To receive Federal financial assistance for a major capital project for public transportation under this chapter or any other provision of Federal law, a recipient must prepare a project management plan approved by the Secretary and carry out the project in accordance with the project management plan. The plan shall provide for— adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibilities, job descriptions, and job qualifications; a budget covering the project management organization, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscellaneous payments the recipient may be prepared to justify; a construction schedule for the project; a document control procedure and recordkeeping system; a change order procedure that includes a documented, systematic approach to the handling of construction change orders; organizational structures, management skills, and staffing levels required throughout the construction phase; quality control and quality assurance functions, procedures, and responsibilities for construction, system installation, and integration of system components; material testing policies and procedures; internal plan implementation and reporting requirements; criteria and procedures to be used for testing the operational system or its major components; periodic updates of the plan, especially related to project budget and project schedule, financing, ridership estimates, and the status of local efforts to enhance ridership where ridership estimates partly depend on the success of those efforts; the recipient’s commitment to submit a project budget and project schedule to the Secretary quarterly; and safety and security management.

(b) Plan Approval.— The Secretary shall approve a plan not later than 60 days after it is submitted. If the approval cannot be completed within 60 days, the Secretary shall notify the recipient, explain the reasons for the delay, and estimate the additional time that will be required. The Secretary shall inform the recipient of the reasons when a plan is disapproved.

(c) Access to Sites and Records.— Each recipient of Federal financial assistance for public transportation under this chapter or any other provision of Federal law shall provide the Secretary and a contractor the Secretary chooses under section 5338(f) 1 with access to the construction sites and records of the recipient when reasonably necessary.

(d) Regulations.— The Secretary shall prescribe regulations necessary to carry out this section. The regulations shall include— a definition of “major capital project” for section 5338(f) 1 that excludes a project to acquire rolling stock or to maintain or rehabilitate a vehicle; a requirement that oversight— begin during the project development phase of a project, unless the Secretary finds it more appropriate to begin the oversight during another phase of the project, to maximize the transportation benefits and cost savings associated with project management oversight; and be limited to quarterly reviews of compliance by the recipient with the project management plan approved under subsection (b) unless the Secretary finds that the recipient requires more frequent oversight because the recipient has failed to meet the requirements of such plan and the project may be at risk of going over budget or becoming behind schedule; and a process for recipients that the Secretary has found require more frequent oversight to return to quarterly reviews for purposes of paragraph (2)(B).

[§ 5328 Repealed. Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622]

§ 5329 Public transportation safety program

(a) Definition.— In this section, the term “recipient” means a State or local governmental authority, or any other operator of a public transportation system, that receives financial assistance under this chapter.

(b) National Public Transportation Safety Plan.— The Secretary shall create and implement a national public transportation safety plan to improve the safety of all public transportation systems that receive funding under this chapter. The national public transportation safety plan under paragraph (1) shall include— safety performance criteria for all modes of public transportation, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures, including measures related to the risk reduction program under subsection (d)(1)(I), for all modes of public transportation; the definition of the term “state of good repair” established under section 5326(b); minimum safety performance standards for public transportation vehicles used in revenue operations that— do not apply to rolling stock otherwise regulated by the Secretary or any other Federal agency; and to the extent practicable, take into consideration— relevant recommendations of the National Transportation Safety Board; recommendations of, and best practices standards developed by, the public transportation industry; and innovations in driver assistance technologies and driver protection infrastructure, where appropriate, and a reduction in visibility impairments that contribute to pedestrian fatalities; in consultation with the Secretary of Health and Human Services, precautionary and reactive actions required to ensure public and personnel safety and health during an emergency (as defined in section 5324(a)); minimum safety standards to ensure the safe operation of public transportation systems that— are not related to performance standards for public transportation vehicles developed under subparagraph (C); and to the extent practicable, take into consideration— relevant recommendations of the National Transportation Safety Board; best practices standards developed by the public transportation industry; any minimum safety standards or performance criteria being implemented across the public transportation industry; relevant recommendations from the report under section 3020 of the Federal Public Transportation Act of 2015; and any additional information that the Secretary determines necessary and appropriate; a public transportation safety certification training program, as described in subsection (c); and consideration, where appropriate, of performance-based and risk-based methodologies. The Secretary shall update the national public transportation safety plan under paragraph (1) as necessary with respect to recipients receiving assistance under section 5307 that serve an urbanized area with a population of 200,000 or more.

(c) Public Transportation Safety Certification Training Program.— The Secretary shall establish a public transportation safety certification training program for Federal and State employees, or other designated personnel, who conduct safety audits and examinations of public transportation systems and employees of public transportation agencies directly responsible for safety oversight.

(d) Public Transportation Agency Safety Plan.— Each recipient or State, as described in paragraph (3), shall certify that the recipient or State has established a comprehensive agency safety plan that includes, at a minimum— a requirement that the board of directors (or equivalent entity) of the recipient approve, or, in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the safety committee of the entity established under paragraph (5), followed by the board of directors (or equivalent entity) of the recipient approve, the agency safety plan and any updates to the agency safety plan; for each recipient serving an urbanized area with a population of fewer than 200,000, a requirement that the agency safety plan be developed in cooperation with frontline employee representatives; methods for identifying and evaluating safety risks throughout all elements of the public transportation system of the recipient; strategies to minimize the exposure of the public, personnel, and property to hazards and unsafe conditions, and consistent with guidelines of the Centers for Disease Control and Prevention or a State health authority, minimize exposure to infectious diseases; a process and timeline for conducting an annual review and update of the safety plan of the recipient; performance targets based on— the safety performance criteria and state of good repair standards established under subparagraphs (A) and (B), respectively, of subsection (b)(2); or in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, safety performance measures established under the national public transportation safety plan, as described in subsection (b)(2)(A); assignment of an adequately trained safety officer who reports directly to the general manager, president, or equivalent officer of the recipient; a comprehensive staff training program for— the operations personnel and personnel directly responsible for safety of the recipient that includes— the completion of a safety training program; and continuing safety education and training; or in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes— the completion of a safety training program; continuing safety education and training; and de-escalation training; and in the case of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more, a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents, injuries, and assaults on transit workers based on data submitted to the national transit database under section 5335, including— a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents, including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments; and the mitigation of assaults on transit workers, including the deployment of assault mitigation infrastructure and technology on buses, including barriers to restrict the unwanted entry of individuals and objects into the workstations of bus operators when a risk analysis performed by the safety committee of the recipient established under paragraph (5) determines that such barriers or other measures would reduce assaults on transit workers and injuries to transit workers. A system safety plan developed pursuant to part 659 of title 49, Code of Federal Regulations, as in effect on the date of enactment of the Federal Public Transportation Act of 2012, shall remain in effect until such time as this subsection takes effect. For a recipient receiving assistance under section 5311, a State safety plan may be drafted and certified by the recipient or a State. Not later than 120 days after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall issue a rule designating recipients of assistance under section 5307 that are small public transportation providers or systems that may have their State safety plans drafted or certified by a State. The safety committee of a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more established under paragraph (5) shall establish performance targets for the risk reduction program required under paragraph (1)(I) using a 3-year rolling average of the data submitted by the recipient to the national transit database under section 5335. A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more shall allocate not less than 0.75 percent of those funds to safety-related projects eligible under section 5307. A recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more that does not meet the performance targets established under subparagraph (A) shall allocate the amount made available in subparagraph (B) in the following fiscal year to projects described in subparagraph (D). Funds set aside under subparagraph (C) shall be used for projects that are reasonably likely to assist the recipient in meeting the performance targets established in subparagraph (A), including modifications to rolling stock and de-escalation training. For purposes of this subsection, the safety committee of a recipient shall— be convened by a joint labor-management process; consist of an equal number of— frontline employee representatives, selected by a labor organization representing the plurality of the frontline workforce employed by the recipient or, if applicable, a contractor to the recipient, to the extent frontline employees are represented by labor organizations; and management representatives; and have, at a minimum, responsibility for— identifying and recommending risk-based mitigations or strategies necessary to reduce the likelihood and severity of consequences identified through the agency’s safety risk assessment; identifying mitigations or strategies that may be ineffective, inappropriate, or were not implemented as intended; and identifying safety deficiencies for purposes of continuous improvement. This paragraph applies only to a recipient receiving assistance under section 5307 that is serving an urbanized area with a population of 200,000 or more.

(e) State Safety Oversight Program.— This subsection applies only to eligible States. In this subsection, the term “eligible State” means a State that has— a rail fixed guideway public transportation system within the jurisdiction of the State that is not subject to regulation by the Federal Railroad Administration; or a rail fixed guideway public transportation system in the engineering or construction phase of development within the jurisdiction of the State that will not be subject to regulation by the Federal Railroad Administration. In order to obligate funds apportioned under section 5338 to carry out this chapter, effective 3 years after the date on which a final rule under this subsection becomes effective, an eligible State shall have in effect a State safety oversight program approved by the Secretary under which the State— assumes responsibility for overseeing rail fixed guideway public transportation safety; adopts and enforces Federal and relevant State laws on rail fixed guideway public transportation safety; establishes a State safety oversight agency; determines, in consultation with the Secretary, an appropriate staffing level for the State safety oversight agency that is commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems in the eligible State; requires that employees and other designated personnel of the eligible State safety oversight agency who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform such functions through appropriate training, including successful completion of the public transportation safety certification training program established under subsection (c); and prohibits any public transportation agency from providing funds to the State safety oversight agency or an entity designated by the eligible State as the State safety oversight agency under paragraph (4). Each State safety oversight program shall establish a State safety oversight agency that— is financially and legally independent from any public transportation entity that the State safety oversight agency oversees; does not directly provide public transportation services in an area with a rail fixed guideway public transportation system subject to the requirements of this section; does not employ any individual who is also responsible for the administration of rail fixed guideway public transportation programs subject to the requirements of this section; has the authority to review, approve, oversee, and enforce the implementation by the rail fixed guideway public transportation agency of the public transportation agency safety plan required under subsection (d); has investigative, inspection, and enforcement authority with respect to the safety of rail fixed guideway public transportation systems of the eligible State; audits, at least once triennially, the compliance of the rail fixed guideway public transportation systems in the eligible State subject to this subsection with the public transportation agency safety plan required under subsection (d); and provides, at least once annually, a status report on the safety of the rail fixed guideway public transportation systems the State safety oversight agency oversees to— the Federal Transit Administration; the Governor of the eligible State; and the board of directors, or equivalent entity, of any rail fixed guideway public transportation system that the State safety oversight agency oversees. At the request of an eligible State, the Secretary may waive clauses (i) and (iii) of subparagraph (A) for eligible States with 1 or more rail fixed guideway systems in revenue operations, design, or construction, that— have fewer than 1,000,000 combined actual and projected rail fixed guideway revenue miles per year; or provide fewer than 10,000,000 combined actual and projected unlinked passenger trips per year. An eligible State that has within the jurisdiction of the eligible State a rail fixed guideway public transportation system that operates in more than 1 eligible State shall— jointly with all other eligible States in which the rail fixed guideway public transportation system operates, ensure uniform safety standards and enforcement procedures that shall be in compliance with this section, and establish and implement a State safety oversight program approved by the Secretary; or jointly with all other eligible States in which the rail fixed guideway public transportation system operates, designate an entity having characteristics consistent with the characteristics described in paragraph (3) to carry out the State safety oversight program approved by the Secretary. The Secretary shall make grants to eligible States to develop or carry out State safety oversight programs under this subsection. Grant funds may be used for program operational and administrative expenses, including employee training activities. The amount made available for State safety oversight under section 5336(h) shall be apportioned among eligible States under a formula to be established by the Secretary. Such formula shall take into account fixed guideway vehicle revenue miles, fixed guideway route miles, and fixed guideway vehicle passenger miles attributable to all rail fixed guideway systems not subject to regulation by the Federal Railroad Administration within each eligible State. Grant funds apportioned to States under this paragraph shall be subject to uniform administrative requirements for grants and cooperative agreements to State and local governments under part 18 of title 49, Code of Federal Regulations, and shall be subject to the requirements of this chapter as the Secretary determines appropriate. The Government share of the reasonable cost of a State safety oversight program developed or carried out using a grant under this paragraph shall be 80 percent. Any calculation of the non-Government share of a State safety oversight program shall include in-kind contributions by an eligible State. The non-Government share of the cost of a State safety oversight program developed or carried out using a grant under this paragraph may not be met by— any Federal funds; any funds received from a public transportation agency; or any revenues earned by a public transportation agency. Recipients of funds made available to carry out sections 5307 and 5311 may use not more than 0.5 percent of their formula funds to pay not more than 80 percent of the cost of participation in the public transportation safety certification training program established under subsection (c), by an employee of a State safety oversight agency or a recipient who is directly responsible for safety oversight. Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall determine whether or not each State safety oversight program meets the requirements of this subsection and the State safety oversight program is adequate to promote the purposes of this section. The Secretary shall issue a certification to each eligible State that the Secretary determines under subparagraph (A) adequately meets the requirements of this subsection, and shall issue a denial of certification to each eligible State that the Secretary determines under subparagraph (A) does not adequately meet the requirements of this subsection. If the Secretary determines that a State safety oversight program does not meet the requirements of this subsection and denies certification, the Secretary shall transmit to the eligible State a written explanation and allow the eligible State to modify and resubmit the State safety oversight program for approval. If the Secretary determines that a modification by an eligible State of the State safety oversight program is not sufficient to certify the program, the Secretary— shall notify the Governor of the eligible State of such denial of certification and failure to adequately modify the program, and shall request that the Governor take all possible actions to correct deficiencies in the program to ensure the certification of the program; and may— withhold funds available under paragraph (6) in an amount determined by the Secretary; withhold not more than 5 percent of the amount required to be appropriated for use in a State or urbanized area in the State under section 5307 of this title , until the State safety oversight program has been certified; or require fixed guideway public transportation systems under such State safety oversight program to provide up to 100 percent of Federal assistance made available under this chapter only for safety-related improvements on such systems, until the State safety oversight program has been certified. If the Secretary determines that a State safety oversight program is not being carried out in accordance with this section, has become inadequate to ensure the enforcement of Federal safety regulation, or is incapable of providing adequate safety oversight consistent with the prevention of substantial risk of death, or personal injury, the Secretary shall administer the State safety oversight program until the eligible State develops a State safety oversight program certified by the Secretary in accordance with this subsection. In making a determination under subparagraph (A), the Secretary shall— transmit to the eligible State and affected recipient or recipients, a written explanation of the determination or subsequent finding, including any intention to withhold funding under this section, the amount of funds proposed to be withheld, and if applicable, a formal notice of a withdrawal of State safety oversight program approval; and require the State to submit a State safety oversight program or modification for certification by the Secretary that meets the requirements of this subsection. If the Secretary determines in accordance with subparagraph (A), that a State safety oversight program or modification required pursuant to subparagraph (B)(ii), submitted by a State is not sufficient, the Secretary may— withhold funds available under paragraph (6) in an amount determined by the Secretary; beginning 1 year after the date of the determination, withhold not more than 5 percent of the amount required to be appropriated for use in a State or an urbanized area in the State under section 5307, until the State safety oversight program or modification has been certified; and use any other authorities authorized under this chapter considered necessary and appropriate. To carry out administrative and oversight activities authorized by this paragraph, the Secretary may use grant funds apportioned to an eligible State, under paragraph (6), to develop or carry out a State safety oversight program. The Secretary shall continually evaluate the implementation of a State safety oversight program by a State safety oversight agency, and shall submit on or before July 1 of each year to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on— the amount of funds apportioned to each eligible State; and the certification status of each State safety oversight program, including what steps a State program that has been denied certification must take in order to be certified. The Secretary shall— oversee the implementation of each State safety oversight program under this subsection; audit the operations of each State safety oversight agency at least once triennially; and issue rules to carry out this subsection. The Secretary shall develop and disseminate to State safety oversight agencies the process and methodology that the Secretary will use to monitor the effectiveness of the enforcement authorities and practices of State safety oversight agencies.

(f) Authority of Secretary.— In carrying out this section, the Secretary may— conduct inspections, investigations, audits, examinations, and testing of the equipment, facilities, rolling stock, and operations of the public transportation system of a recipient; make reports and issue directives with respect to the safety of the public transportation system of a recipient or the public transportation industry generally; in conjunction with an accident investigation or an investigation into a pattern or practice of conduct that negatively affects public safety, issue a subpoena to, and take the deposition of, any employee of a recipient or a State safety oversight agency, if— before the issuance of the subpoena, the Secretary requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with an ongoing criminal investigation; and the Attorney General— determines that the subpoena will not interfere with an ongoing criminal investigation; or fails to make a determination under clause (i) before the date that is 30 days after the date on which the Secretary makes a request under subparagraph (A); require the production of documents by, and prescribe recordkeeping and reporting requirements for, a recipient or a State safety oversight agency; investigate public transportation accidents and incidents and provide guidance to recipients regarding prevention of accidents and incidents; at reasonable times and in a reasonable manner, enter and inspect equipment, facilities, rolling stock, operations, and relevant records of the public transportation system of a recipient; and issue rules to carry out this section.

(g) Enforcement Actions.— The Secretary may take enforcement action against a recipient that does not comply with Federal law with respect to the safety of the public transportation system, including— issuing directives; requiring more frequent oversight of the recipient by a State safety oversight agency or the Secretary; imposing more frequent reporting requirements; requiring that any Federal financial assistance provided under this chapter be spent on correcting safety deficiencies identified by the Secretary or the State safety oversight agency before such funds are spent on other projects; and withholding not more than 25 percent of financial assistance under section 5307. The Secretary may require the use of funds or withhold funds in accordance with paragraph (1)(D) or (1)(E) only if the Secretary finds that a recipient is engaged in a pattern or practice of serious safety violations or has otherwise refused to comply with Federal law relating to the safety of the public transportation system. Before withholding funds from a recipient, the Secretary shall provide to the recipient— written notice of a violation and the amount proposed to be withheld; and a reasonable period of time within which the recipient may address the violation or propose and initiate an alternative means of compliance that the Secretary determines is acceptable.

(h) Restrictions and Prohibitions.— The Secretary shall issue restrictions and prohibitions by whatever means are determined necessary and appropriate, without regard to section 5334(c), if, through testing, inspection, investigation, audit, or research carried out under this chapter, the Secretary determines that an unsafe condition or practice, or a combination of unsafe conditions and practices, exist such that there is a substantial risk of death or personal injury. The notice of restriction or prohibition shall describe the condition or practice, the subsequent risk and the standards and procedures required to address the restriction or prohibition. Nothing in this subsection shall be construed as limiting the Secretary’s authority to maintain a restriction or prohibition for as long as is necessary to ensure that the risk has been substantially addressed.

(i) Consultation by the Secretary of Homeland Security.— The Secretary of Homeland Security shall consult with the Secretary of Transportation before the Secretary of Homeland Security issues a rule or order that the Secretary of Transportation determines affects the safety of public transportation design, construction, or operations.

(j) Actions Under State Law.— Nothing in this section shall be construed to preempt an action under State law seeking damages for personal injury, death, or property damage alleging that a party has failed to comply with— a Federal standard of care established by a regulation or order issued by the Secretary under this section; or its own program, rule, or standard that it created pursuant to a rule or order issued by the Secretary. This subsection shall apply to any cause of action under State law arising from an event or activity occurring on or after the date of enactment of the Federal Public Transportation Act of 2012. Nothing in this section shall be construed to create a cause of action under Federal law on behalf of an injured party or confer Federal question jurisdiction for a State law cause of action.

(k) Inspections.— A State safety oversight program shall provide the State safety oversight agency established by the program with the authority and capability to enter the facilities of each rail fixed guideway public transportation system that the State safety oversight agency oversees to inspect infrastructure, equipment, records, personnel, and data, including the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks. A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures regarding the access of the State safety oversight agency to conduct inspections of the rail fixed guideway public transportation system, including access for inspections that occur without advance notice to the rail fixed guideway public transportation agency. A rail fixed guideway public transportation agency shall provide the applicable State safety oversight agency with the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks, in accordance with subparagraph (B). A State safety oversight agency, in consultation with each rail fixed guideway public transportation agency that the State safety oversight agency oversees, shall establish policies and procedures for collecting data described in subparagraph (A) from a rail fixed guideway public transportation agency, including with respect to frequency of collection, that is commensurate with the size and complexity of the rail fixed guideway public transportation system. Policies and procedures established under this subsection shall be incorporated into— the State safety oversight program standard adopted by a State safety oversight agency under section 674.27 of title 49, Code of Federal Regulations (or any successor regulation); and the public transportation agency safety plan established by a rail fixed guideway public transportation agency under subsection (d). In assessing the capability of a State safety oversight agency to conduct inspections as required under paragraph (1), the Secretary shall ensure that— the inspection practices of the State safety oversight agency are commensurate with the number, size, and complexity of the rail fixed guideway public transportation systems that the State safety oversight agency oversees; the inspection program of the State safety oversight agency is risk-based; and the State safety oversight agency has sufficient resources to conduct the inspections. The Secretary shall issue a special directive to each State safety oversight agency on the development and implementation of risk-based inspection programs under this subsection. The Secretary may use any authority under this section, including any enforcement action authorized under subsection (g), to ensure the compliance of a State safety oversight agency or State safety oversight program with this subsection.

[§ 5330 Repealed. Pub. L. 112–141, div. B, § 20030(e), July 6, 2012, 126 Stat. 731]

§ 5331 Alcohol and controlled substances testing

(a) Definitions.— In this section— “controlled substance” means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 802 ) whose use the Secretary decides has a risk to transportation safety. “person” includes any entity organized or existing under the laws of the United States, a State, territory, or possession of the United States, or a foreign country. “public transportation” means any form of public transportation, except a form the Secretary decides is covered adequately, for employee alcohol and controlled substances testing purposes, under section 20140 or 31306 of this title or section 2303a, 7101(i), or 7302(e) of title 46. The Secretary may also decide that a form of public transportation is covered adequately, for employee alcohol and controlled substances testing purposes, under the alcohol and controlled substance statutes or regulations of an agency within the Department of Transportation or the Coast Guard.

(b) Testing Program for Public Transportation Employees.— In the interest of public transportation safety, the Secretary shall prescribe regulations that establish a program requiring public transportation operations that receive financial assistance under section 5307, 5309, or 5311 of this title to conduct preemployment, reasonable suspicion, random, and post-accident testing of public transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of a controlled substance in violation of law or a United States Government regulation, and to conduct reasonable suspicion, random, and post-accident testing of such employees for the use of alcohol in violation of law or a United States Government regulation. The regulations shall permit such operations to conduct preemployment testing of such employees for the use of alcohol. When the Secretary considers it appropriate in the interest of safety, the Secretary may prescribe regulations for conducting periodic recurring testing of public transportation employees responsible for safety-sensitive functions (as decided by the Secretary) for the use of alcohol or a controlled substance in violation of law or a Government regulation. In prescribing regulations under this subsection, the Secretary— shall require that post-accident testing of such a public transportation employee be conducted when loss of human life occurs in an accident involving public transportation; and may require that post-accident testing of such a public transportation employee be conducted when bodily injury or significant property damage occurs in any other serious accident involving public transportation.

(c) Disqualifications for Use.— When the Secretary considers it appropriate, the Secretary shall require disqualification for an established period of time or dismissal of any employee referred to in subsection (b)(1) of this section who is found— to have used or been impaired by alcohol when on duty; or to have used a controlled substance, whether or not on duty, except as allowed for medical purposes by law or regulation. This section does not supersede any penalty applicable to a public transportation employee under another law.

(d) Testing and Laboratory Requirements.— In carrying out subsection (b) of this section, the Secretary shall develop requirements that shall— promote, to the maximum extent practicable, individual privacy in the collection of specimens; for laboratories and testing procedures for controlled substances, incorporate the Department of Health and Human Services scientific and technical guidelines dated April 11, 1988 , and any amendments to those guidelines, including mandatory guidelines establishing— comprehensive standards for every aspect of laboratory controlled substances testing and laboratory procedures to be applied in carrying out this section, including standards requiring the use of the best available technology to ensure the complete reliability and accuracy of controlled substances tests and strict procedures governing the chain of custody of specimens collected for controlled substances testing; the minimum list of controlled substances for which individuals may be tested; and appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform controlled substances testing in carrying out this section; require that a laboratory involved in controlled substances testing under this section have the capability and facility, at the laboratory, of performing screening and confirmation tests; provide that all tests indicating the use of alcohol or a controlled substance in violation of law or a Government regulation be confirmed by a scientifically recognized method of testing capable of providing quantitative information about alcohol or a controlled substance; provide that each specimen be subdivided, secured, and labeled in the presence of the tested individual and that a part of the specimen be retained in a secure manner to prevent the possibility of tampering, so that if the individual’s confirmation test results are positive the individual has an opportunity to have the retained part tested by a 2d confirmation test done independently at another certified laboratory if the individual requests the 2d confirmation test not later than 3 days after being advised of the results of the first confirmation test; ensure appropriate safeguards for testing to detect and quantify alcohol in breath and body fluid samples, including urine and blood, through the development of regulations that may be necessary and in consultation with the Secretary of Health and Human Services; provide for the confidentiality of test results and medical information (except information about alcohol or a controlled substance) of employees, except that this clause does not prevent the use of test results for the orderly imposition of appropriate sanctions under this section; and ensure that employees are selected for tests by nondiscriminatory and impartial methods, so that no employee is harassed by being treated differently from other employees in similar circumstances.

(e) Rehabilitation.— The Secretary shall prescribe regulations establishing requirements for rehabilitation programs that provide for the identification and opportunity for treatment of any public transportation employee referred to in subsection (b)(1) of this section who is found to have used alcohol or a controlled substance in violation of law or a Government regulation. The Secretary shall decide on the circumstances under which employees shall be required to participate in a program. This subsection does not prevent a public transportation operation from establishing a program under this section in cooperation with another public transportation operation.

(f) Relationship to Other Laws, Regulations, Standards, and Orders.— A State or local government may not prescribe, issue, or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this section. However, a regulation prescribed under this section does not preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property. In prescribing regulations under this section, the Secretary— shall establish only requirements that are consistent with international obligations of the United States; and shall consider applicable laws and regulations of foreign countries.

(g) Conditions on Federal Assistance.— A person that receives funds under this chapter is not eligible for financial assistance under section 5307, 5309, or 5311 of this title if the person is required, under regulations the Secretary prescribes under this section, to establish a program of alcohol and controlled substances testing and does not establish the program in accordance with this section. If the Secretary determines that a person that receives funds under this chapter is not in compliance with regulations prescribed under this section, the Secretary may bar the person from receiving Federal transit assistance in an amount the Secretary considers appropriate.

§ 5332 Nondiscrimination

(a) Definition.— In this section, “person” includes a governmental authority, political subdivision, authority, legal representative, trust, unincorporated organization, trustee, trustee in bankruptcy, and receiver.

(b) Prohibitions.— A person may not be excluded from participating in, denied a benefit of, or discriminated against under, a project, program, or activity receiving financial assistance under this chapter because of race, color, religion, national origin, sex, disability, or age.

(c) Compliance.— The Secretary shall take affirmative action to ensure compliance with subsection (b) of this section. When the Secretary decides that a person receiving financial assistance under this chapter is not complying with subsection (b) of this section, a civil rights law of the United States, or a regulation or order under that law, the Secretary shall notify the person of the decision and require action be taken to ensure compliance with subsection (b).

(d) Authority of Secretary for Noncompliance.— If a person does not comply with subsection (b) of this section within a reasonable time after receiving notice, the Secretary shall— direct that no further financial assistance of the United States Government under this chapter be provided to the person; refer the matter to the Attorney General with a recommendation that a civil action be brought; proceed under title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.); or take any other action provided by law.

(e) Civil Actions by Attorney General.— The Attorney General may bring a civil action for appropriate relief when— a matter is referred to the Attorney General under subsection (d)(2) of this section; or the Attorney General believes a person is engaged in a pattern or practice in violation of this section.

(f) Application and Relationship to Other Laws.— This section applies to an employment or business opportunity and is in addition to title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.).

§ 5333 Labor standards

(a) Prevailing Wages Requirement.— The Secretary of Transportation shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed with a grant or loan under this chapter be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40. The Secretary of Transportation may approve a grant or loan only after being assured that required labor standards will be maintained on the construction work. For a labor standard under this subsection, the Secretary of Labor has the same duties and powers stated in Reorganization Plan No. 14 of 1950 (eff. May 24, 1950 , 64 Stat. 1267 ) and section 3145 of title 40 .

(b) Employee Protective Arrangements.— As a condition of financial assistance under sections 5307–5312, 5316, 1 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 1 5337, and 5338(b) of this title, the interests of employees affected by the assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable. The agreement granting the assistance under sections 5307–5312, 5316, 1 5318, 5323(a)(1), 5323(b), 5323(d), 5328, 1 5337, and 5338(b) shall specify the arrangements. Arrangements under this subsection shall include provisions that may be necessary for— the preservation of rights, privileges, and benefits (including continuation of pension rights and benefits) under existing collective bargaining agreements or otherwise; the continuation of collective bargaining rights; the protection of individual employees against a worsening of their positions related to employment; assurances of employment to employees of acquired public transportation systems; assurances of priority of reemployment of employees whose employment is ended or who are laid off; and paid training or retraining programs. Arrangements under this subsection shall provide benefits at least equal to benefits established under section 11326 of this title . Fair and equitable arrangements to protect the interests of employees utilized by the Secretary of Labor for assistance to purchase like-kind equipment or facilities, and grant amendments which do not materially revise or amend existing assistance agreements, shall be certified without referral. When the Secretary is called upon to issue fair and equitable determinations involving assurances of employment when one private transit bus service contractor replaces another through competitive bidding, such decisions shall be based on the principles set forth in the Department of Labor’s decision of September 21, 1994 , as clarified by the supplemental ruling of November 7, 1994 , with respect to grant NV–90–X021. This paragraph shall not serve as a basis for objections under section 215.3(d) of title 29, Code of Federal Regulations.

§ 5334 Administrative provisions

(a) General Authority.— In carrying out this chapter, the Secretary of Transportation may— prescribe terms for a project that receives Federal financial assistance under this chapter (except terms the Secretary of Labor prescribes under section 5333(b) of this title ); sue and be sued; foreclose on property or bring a civil action to protect or enforce a right conferred on the Secretary of Transportation by law or agreement; buy property related to a loan under this chapter; agree to pay an annual amount in place of a State or local tax on real property acquired or owned under this chapter; sell, exchange, or lease property, a security, or an obligation; obtain loss insurance for property and assets the Secretary of Transportation holds; consent to a modification in an agreement under this chapter; include in an agreement or instrument under this chapter a covenant or term the Secretary of Transportation considers necessary to carry out this chapter; collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored by the Federal Transit Administration to promote public transportation and credit amounts collected to the appropriation concerned; and issue regulations as necessary to carry out the purposes of this chapter.

(b) Prohibitions Against Regulating Operations and Charges.— Except for purposes of national defense or in the event of a national or regional emergency, or for purposes of establishing and enforcing a program to improve the safety of public transportation systems in the United States as described in section 5329, the Secretary may not regulate the operation, routes, or schedules of a public transportation system for which a grant is made under this chapter. The Secretary may not regulate the rates, fares, tolls, rentals, or other charges prescribed by any provider of public transportation. Nothing in this subsection shall be construed to prevent the Secretary from requiring a recipient of funds under this chapter to comply with the terms and conditions of its Federal assistance agreement.

(c) Procedures for Prescribing Regulations.— The Secretary shall prepare an agenda listing all areas in which the Secretary intends to propose regulations governing activities under this chapter within the following 12 months. The Secretary shall publish the proposed agenda in the Federal Register as part of the Secretary’s semiannual regulatory agenda that lists regulatory activities of the Federal Transit Administration. The Secretary shall submit the agenda to the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives on the day the agenda is published. Except for emergency regulations, the Secretary shall give interested parties at least 60 days to participate in a regulatory proceeding under this chapter by submitting written information, views, or arguments, with or without an oral presentation, except when the Secretary for good cause finds that public notice and comment are unnecessary because of the routine nature or insignificant impact of the regulation or that an emergency regulation should be issued. The Secretary may extend the 60-day period if the Secretary decides the period is insufficient to allow diligent individuals to prepare comments or that other circumstances justify an extension. An emergency regulation ends 120 days after it is issued. The Secretary shall comply with this subsection when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.

(d) Budget Program and Set of Accounts.— The Secretary shall— submit each year a budget program as provided in section 9103 of title 31 ; and maintain a set of accounts for audit under chapter 35 of title 31.

(e) Depository and Availability of Amounts.— The Secretary shall deposit amounts made available to the Secretary under this chapter in a checking account in the Treasury. Receipts, assets, and amounts obtained or held by the Secretary to carry out this chapter are available for administrative expenses to carry out this chapter.

(f) Binding Effect of Financial Transaction.— A financial transaction of the Secretary under this chapter and a related voucher are binding on all officers and employees of the United States Government.

(g) Dealing With Acquired Property.— Notwithstanding another law related to the Government acquiring, using, or disposing of real property, the Secretary may deal with property acquired under paragraph (3) or (4) of subsection (a) in any way. However, this subsection does not— deprive a State or political subdivision of a State of jurisdiction of the property; or impair the civil rights, under the laws of a State or political subdivision of a State, of an inhabitant of the property.

(h) Transfer of Assets No Longer Needed.— If a recipient of assistance under this chapter decides an asset acquired under this chapter at least in part with that assistance is no longer needed for the purpose for which such asset was acquired, the Secretary may authorize the recipient to transfer such asset to— a local governmental authority to be used for a public purpose with no further obligation to the Government if the Secretary decides— the asset will remain in public use for at least 5 years after the date the asset is transferred; there is no purpose eligible for assistance under this chapter for which the asset should be used; the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and through an appropriate screening or survey process, that there is no interest in acquiring the asset for Government use if the asset is a facility or land; or a local governmental authority, nonprofit organization, or other third party entity to be used for the purpose of transit-oriented development with no further obligation to the Government if the Secretary decides— the asset is a necessary component of a proposed transit-oriented development project; the transit-oriented development project will increase transit ridership; at least 40 percent of the housing units offered in the transit-oriented development, including housing units owned by nongovernmental entities, are legally binding affordability restricted to tenants with incomes at or below 60 percent of the area median income and owners with incomes at or below 60 percent 1 the area median income, which shall include at least 20 percent of such housing units offered restricted to tenants with incomes at or below 30 percent of the area median income and owners with incomes at or below 30 percent the area median income; the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and with respect to a transfer to a third party entity— a local government authority or nonprofit organization is unable to receive the property; the overall benefit of allowing the transfer is greater than the interest of the Government in liquidation and return of the financial interest of the Government in the asset, after considering fair market value and other factors; and the third party has demonstrated a satisfactory history of construction or operating an affordable housing development. A decision under paragraph (1) must be in writing and include the reason for the decision. This subsection is in addition to any other law related to using and disposing of a facility or equipment under an assistance agreement. When real property, equipment, or supplies acquired with assistance under this chapter are no longer needed for public transportation purposes as determined under the applicable assistance agreement, the Secretary may authorize the sale, transfer, or lease of the assets under conditions determined by the Secretary and subject to the requirements of this subsection. With respect to rolling stock and equipment with a unit fair market value of $5,000orlessperunitandunusedsupplieswithatotalaggregatefairmarketvalueof$5,000 or less that was purchased using Federal financial assistance under this chapter, the rolling stock, equipment, and supplies may be retained, sold, or otherwise disposed of at the end of the service life of the rolling stock, equipment, or supplies without any obligation to reimburse the Federal Transit Administration. With respect to rolling stock and equipment with a unit fair market value of more than $5,000perunitandunusedsupplieswithatotalaggregatefairmarketvalueofmorethan$5,000 that was purchased using Federal financial assistance under this chapter, the rolling stock, equipment, and supplies may be retained or sold at the end of the service life of the rolling stock, equipment, or supplies. If rolling stock, equipment, or supplies described in subclause (I) is sold, of the proceeds from the sale— the recipient shall retain an amount equal to the sum of— $5,000; and of the remaining proceeds, a percentage of the amount equal to the non-Federal share expended by the recipient in making the original purchase; and any amounts remaining after application of item (aa) shall be returned to the Federal Transit Administration. Rolling stock, equipment, or supplies described in clause (i) or (ii) that is retained by a recipient under those clauses may be used by the recipient for other public transportation projects or programs with no obligation to reimburse the Federal Transit Administration, and no approval of the Secretary to retain that rolling stock, equipment, or supplies is required. The net income from asset sales, uses, or leases (including lease renewals) under this subsection shall be used by the recipient to reduce the gross project cost of other capital projects carried out under this chapter. The authority of the Secretary under this subsection is in addition to existing authorities controlling allocation or use of recipient income otherwise permissible in law or regulation in effect prior to the date of enactment of this paragraph.

(i) Transfer of Amounts and Non-Government Share.— Amounts made available for a public transportation project under title 23 may be transferred to and administered by the Secretary under this chapter. Amounts made available for a highway project under this chapter shall be transferred to and administered by the Secretary under title 23. The provisions of title 23 related to the non-Government share apply to amounts under title 23 used for public transportation projects. The provisions of this chapter related to the non-Government share apply to amounts under this chapter used for highway projects.

(j) Notification of Pending Discretionary Grants.— Not less than 3 full business days before announcement of award by the Secretary of any discretionary grant, letter of intent, or full funding grant agreement totaling $1,000,000 or more, the Secretary shall notify the Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.

(k) Agency Statements.— The Administrator of the Federal Transit Administration shall follow applicable rulemaking procedures under section 553 of title 5 before the Federal Transit Administration issues a statement that imposes a binding obligation on recipients of Federal assistance under this chapter. In this subsection, the term “binding obligation” means a substantive policy statement, rule, or guidance document issued by the Federal Transit Administration that grants rights, imposes obligations, produces significant effects on private interests, or effects a significant change in existing policy.

§ 5335 National transit database

(a) National Transit Database.— To help meet the needs of individual public transportation systems, the United States Government, State and local governments, and the public for information on which to base public transportation service planning, the Secretary shall maintain a reporting system, using uniform categories to accumulate public transportation financial, operating, geographic service area coverage, and asset condition information and using a uniform system of accounts. The reporting and uniform systems shall contain appropriate information to help any level of government make a public sector investment decision. The Secretary may request and receive appropriate information from any source.

(b) Reporting and Uniform Systems.— The Secretary may award a grant under section 5307 or 5311 only if the applicant, and any person that will receive benefits directly from the grant, are subject to the reporting and uniform systems.

(c) Data Required to Be Reported.— Each recipient of a grant under this chapter shall report to the Secretary, for inclusion in the national transit database under this section— any information relating to a transit asset inventory or condition assessment conducted by the recipient; any data on assaults on transit workers of the recipients; and any data on fatalities that result from an impact with a bus.

§ 5336 Apportionment of appropriations for formula grants

(a) Based on Urbanized Area Population.— Of the amount apportioned under subsection (h)(5) to carry out section 5307— 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— 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 most recent decennial census; and 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 the number of inhabitants in each square mile; and 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 Vehicle Revenue Miles, Directional Route Miles, and Passenger Miles.— In this subsection, “fixed guideway vehicle revenue miles” and “fixed guideway directional route miles” include passenger ferry operations directly or under contract by the designated recipient. Of the amount apportioned under subsection (a)(2) of this section, 33.29 percent shall be apportioned as follows: 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— 60 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attributable to all areas; and 40 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway directional route miles attributable to the area, established by the Secretary, divided by the total number of all fixed guideway directional 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. 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— 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 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. Under subparagraph (A) of this paragraph, fixed guideway vehicle revenue or directional 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. A recipient’s apportionment under subparagraph (A)(i) of this paragraph may not be reduced if the recipient, after satisfying the Secretary that energy or operating efficiencies would be achieved, reduces vehicle revenue miles but provides the same frequency of revenue service to the same number of riders. For purposes of subparagraph (A) and section 5337(c)(3), the Secretary shall deem to be attributable to an urbanized area not less than 27 percent of the fixed guideway vehicle revenue miles or fixed guideway directional route miles in the public transportation system of a recipient that are located outside the urbanized area for which the recipient receives funds, in addition to the fixed guideway vehicle revenue miles or fixed guideway directional route miles of the recipient that are located inside the urbanized area.

(c) Based on Bus Vehicle Revenue Miles and Passenger Miles.— Of the amount apportioned under subsection (a)(2) of this section, 66.71 percent shall be apportioned as follows: 90.8 percent of the total amount apportioned under this subsection shall be apportioned as follows: 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— 50 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas; 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 in the most recent decennial census; and 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 the number of inhabitants in each square mile. 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— 50 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus vehicle revenue miles operated in or directly serving the urbanized area divided by the total bus vehicle revenue miles attributable to all areas; 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 most recent decennial census; and 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 the number of inhabitants in each square mile. 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— 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 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) Date of Apportionment.— The Secretary shall— apportion amounts appropriated under section 5338(a)(2)(C) 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 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.

(e) Amounts Not Apportioned to Designated Recipients.— The Governor 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.

(f) Transfers of Apportionments.— The Governor 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)(3). 1 The Governor may make a transfer only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was apportioned under this section. The Governor of a State may transfer any part of the State’s apportionment under section 5311(c)(3) 1 to supplement amounts apportioned to the State under subsection (a)(1) of this section. The Governor 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. 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 Governor of a State. The Governor shall distribute the transferred amounts to urbanized areas under this section. Capital and operating assistance limitations applicable to the original apportionment apply to amounts transferred under this subsection.

(g) Period of Availability to Recipients.— An amount apportioned under this section may be obligated by the recipient for 5 years after the fiscal year in which the amount is apportioned. Not later than 30 days after the end of the 5-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.

(h) Apportionments.— Of the amounts made available for each fiscal year under section 5338(a)(2)(C)— $30,000,000 shall be set aside each fiscal year to carry out section 5307(h); 3.07 percent shall be apportioned to urbanized areas in accordance with subsection (j); of amounts not apportioned under paragraphs (1) and (2), 3 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); 0.75 percent shall be apportioned to eligible States for State safety oversight program grants in accordance with section 5329(e)(6); and any amount not apportioned under paragraphs (1), (2), (3), and (4) shall be apportioned to urbanized areas in accordance with subsections (a) through (c).

(i) Small Transit Intensive Cities Formula.— In this subsection, the following definitions apply: The term “eligible area” means an urbanized area with a population of less than 200,000 that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population of at least 200,000 but not more than 999,999, as determined by the Secretary in accordance with subsection (c)(2). The term “performance category” means each of the following: Passenger miles traveled per vehicle revenue mile. Passenger miles traveled per vehicle revenue hour. Vehicle revenue miles per capita. Vehicle revenue hours per capita. Passenger miles traveled per capita. Passengers per capita. The amount to be apportioned under subsection (h)(3) shall be apportioned among eligible areas in the ratio that— the number of performance categories for which each eligible area meets or exceeds the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999; bears to the aggregate number of performance categories for which all eligible areas meet or exceed the industry average in urbanized areas with a population of at least 200,000 but not more than 999,999. The Secretary shall calculate apportionments under this subsection for a fiscal year using data from the national transit database used to calculate apportionments for that fiscal year under this section.

(j) Apportionment Formula.— The amounts apportioned under subsection (h)(2) shall be apportioned among urbanized areas as follows: 75 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of 200,000 or more in the ratio that— the number of eligible low-income individuals in each such urbanized area; bears to the number of eligible low-income individuals in all such urbanized areas. 25 percent of the funds shall be apportioned among designated recipients for urbanized areas with a population of less than 200,000 in the ratio that— the number of eligible low-income individuals in each such urbanized area; bears to the number of eligible low-income individuals in all such urbanized areas.

§ 5337 State of good repair grants

(a) Definitions.— In this section, the following definitions shall apply: The term “fixed guideway” means a public transportation facility— using and occupying a separate right-of-way for the exclusive use of public transportation; using rail; using a fixed catenary system; for a passenger ferry system; or for a bus rapid transit system. The term “State” means the 50 States, the District of Columbia, and Puerto Rico. The term “state of good repair” has the meaning given that term by the Secretary, by rule, under section 5326(b). The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that— includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and the recipient certifies that the recipient complies with the rule issued under section 5326(d).

(b) General Authority.— The Secretary may make grants under this section to assist State and local governmental authorities in financing capital projects to maintain public transportation systems in a state of good repair, including projects to replace and rehabilitate— rolling stock; track; line equipment and structures; signals and communications; power equipment and substations; passenger stations and terminals; security equipment and systems; maintenance facilities and equipment; operational support equipment, including computer hardware and software; development and implementation of a transit asset management plan; and other replacement and rehabilitation projects the Secretary determines appropriate. A recipient shall include a project carried out under paragraph (1) in the transit asset management plan of the recipient upon completion of the plan.

(c) High Intensity Fixed Guideway State of Good Repair Formula.— Of the amount authorized or made available under section 5338(a)(2)(K), 1 97.15 percent shall be apportioned to recipients in accordance with this subsection. 50 percent of the amount described in paragraph (1) shall be apportioned for fixed guideway systems in accordance with this paragraph. A recipient shall receive an amount equal to the amount described in subparagraph (A), multiplied by the amount the recipient would have received under this section, as in effect for fiscal year 2011, if the amount had been calculated in accordance with the provisions of section 5336(b)(1) and using the definition of the term “fixed guideway” under subsection (a) of this section, as such sections are in effect on the day after the date of enactment of the Federal Public Transportation Act of 2012, and divided by the total amount apportioned for all areas under this section for fiscal year 2011. For purposes of this paragraph, the term “recipient” means an entity that received funding under this section, as in effect for fiscal year 2011. 50 percent of the amount described in paragraph (1) shall be apportioned to recipients in accordance with this paragraph. A recipient in an urbanized area shall receive an amount equal to 60 percent of the amount described in subparagraph (A), multiplied by the number of fixed guideway vehicle revenue miles attributable to the urbanized area, as established by the Secretary, divided by the total number of all fixed guideway vehicle revenue miles attributable to all urbanized areas. A recipient in an urbanized area shall receive an amount equal to 40 percent of the amount described in subparagraph (A), multiplied by the number of fixed guideway directional route miles attributable to the urbanized area, as established by the Secretary, divided by the total number of all fixed guideway directional route miles attributable to all urbanized areas. Except as provided in subparagraph (B), the share of the total amount apportioned under this subsection that is apportioned to an area under this subsection shall not decrease by more than 0.25 percentage points compared to the share apportioned to the area under this subsection in the previous fiscal year. In fiscal year 2013, the share of the total amount apportioned under this subsection that is apportioned to an area under this subsection shall not decrease by more than 0.25 percentage points compared to the share that would have been apportioned to the area under this section, as in effect for fiscal year 2011, if the share had been calculated using the definition of the term “fixed guideway” under subsection (a) of this section, as in effect on the day after the date of enactment of the Federal Public Transportation Act of 2012. Amounts made available under this subsection shall be available for the exclusive use of fixed guideway projects. Except as provided in subparagraph (B), for an area with a fixed guideway system, the amounts provided under this subsection shall be apportioned to the designated recipient for the urbanized area in which the system operates. An area described in the amendment made by section 3028(a) of the Transportation Equity Act for the 21st Century ( Public Law 105–178 ; 112 Stat. 366 ) shall receive an individual apportionment under this subsection. For purposes of determining the number of fixed guideway vehicle revenue miles or fixed guideway directional route miles attributable to an urbanized area for a fiscal year under this subsection, only segments of fixed guideway systems placed in revenue service not later than 7 years before the first day of the fiscal year shall be deemed to be attributable to an urbanized area.

(d) High Intensity Motorbus State of Good Repair.— For purposes of this subsection, the term “high intensity motorbus” means public transportation that is provided on a facility with access for other high-occupancy vehicles. Of the amount authorized or made available under section 5338(a)(2)(K), 1 2.85 percent shall be apportioned to urbanized areas for high intensity motorbus vehicle state of good repair in accordance with this subsection. The amount described in paragraph (2) shall be apportioned to each area in accordance with this paragraph. Each area shall receive an amount equal to 60 percent of the amount described in subparagraph (A), multiplied by the number of high intensity motorbus vehicle revenue miles attributable to the area, as established by the Secretary, divided by the total number of all high intensity motorbus vehicle revenue miles attributable to all areas. Each area shall receive an amount equal to 40 percent of the amount described in subparagraph (A), multiplied by the number of high intensity motorbus directional route miles attributable to the area, as established by the Secretary, divided by the total number of all high intensity motorbus directional route miles attributable to all areas. For purposes of determining the number of high intensity motorbus vehicle revenue miles or high intensity motorbus directional route miles attributable to an urbanized area for a fiscal year under this subsection, only segments of high intensity motorbus systems placed in revenue service not later than 7 years before the first day of the fiscal year shall be deemed to be attributable to an urbanized area. Amounts apportioned under this subsection may be used for any project that is an eligible project under subsection (b)(1).

(e) Government Share of Costs.— A grant for a capital project under this section shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts. The remainder of the net project cost shall be provided— in cash from non-Government sources; from revenues derived from the sale of advertising and concessions; or from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.

(f) Competitive Grants for Rail Vehicle Replacement.— The Secretary may make grants under this subsection to assist State and local governmental authorities in financing capital projects for the replacement of rail rolling stock. Except as otherwise provided in this subsection, a grant under this subsection shall be subject to the same terms and conditions as a grant under subsection (b). The Secretary shall solicit grant applications and make not more than 3 new awards to eligible projects under this subsection on a competitive basis each fiscal year. In awarding grants under this subsection, the Secretary shall consider— the size of the rail system of the applicant; the amount of funds available to the applicant under this subsection; the age and condition of the rail rolling stock of the applicant that has exceeded or will exceed the useful service life of the rail rolling stock in the 5-year period following the grant; and whether the applicant has identified replacement of the rail vehicles as a priority in the investment prioritization portion of the transit asset management plan of the recipient pursuant to part 625 of title 49, Code of Federal Regulations (or successor regulations). The amount of grant assistance provided by the Secretary under this subsection, as a share of eligible project costs, shall be not more than 50 percent. The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent. An eligible project for which a grant is provided under this subsection may be carried out through a multi-year grant agreement in accordance with this paragraph. A multi-year grant agreement under this paragraph shall— establish the terms of participation by the Federal Government in the project; and establish the maximum amount of Federal financial assistance for the project that may be provided through grant payments to be provided in not more than 3 consecutive fiscal years. A multi-year grant agreement under this paragraph— shall obligate an amount of available budget authority specified in law; and may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. A multi-year agreement under this paragraph shall state that the contingent commitment is not an obligation of the Federal Government.

§ 5338 Authorizations

(a) Grants.— There shall be available from the Mass Transit Account of the Highway Trust Fund to carry out sections 5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and 5340, section 20005(b) of the Federal Public Transportation Act of 2012 ( 49 U.S.C. 5303 note; Public Law 112–141 ), and section 3006(b) of the Federal Public Transportation Act of 2015 ( 49 U.S.C. 5310 note; Public Law 114–94 )— $13,355,000,000forfiscalyear2022;$13,634,000,000 for fiscal year 2023; $13,990,000,000forfiscalyear2024;$14,279,000,000 for fiscal year 2025; and $14,642,000,000forfiscalyear2026.Oftheamountsmadeavailableunderparagraph(1)—$184,647,343 for fiscal year 2022, $188,504,820forfiscalyear2023,$193,426,906 for fiscal year 2024, $197,422,644forfiscalyear2025,and$202,441,512 for fiscal year 2026 shall be available to carry out section 5305; $13,157,184forfiscalyear2022,$13,432,051 for fiscal year 2023, $13,782,778forfiscalyear2024,$14,067,497 for fiscal year 2025, and $14,425,121forfiscalyear2026shallbeavailabletocarryoutsection20005(b)oftheFederalPublicTransportationActof2012(49U.S.C.5303note;PublicLaw112–141);$6,408,288,249 for fiscal year 2022, $6,542,164,133forfiscalyear2023,$6,712,987,840 for fiscal year 2024, $6,851,662,142forfiscalyear2025,and$7,025,844,743 for fiscal year 2026 shall be allocated in accordance with section 5336 to provide financial assistance for urbanized areas under section 5307; $371,247,094forfiscalyear2022,$379,002,836 for fiscal year 2023, $388,899,052forfiscalyear2024,$396,932,778 for fiscal year 2025, and $407,023,583forfiscalyear2026shallbeavailabletoprovidefinancialassistanceforservicesfortheenhancedmobilityofseniorsandindividualswithdisabilitiesundersection5310;$4,605,014 for fiscal year 2022, $4,701,218forfiscalyear2023,$4,823,972 for fiscal year 2024, $4,923,624forfiscalyear2025,and$5,048,792 for fiscal year 2026 shall be available for the pilot program for innovative coordinated access and mobility under section 3006(b) of the Federal Public Transportation Act of 2015 ( 49 U.S.C. 5310 note; Public Law 114–94 ); $875,289,555forfiscalyear2022,$893,575,275 for fiscal year 2023, $916,907,591forfiscalyear2024,$935,848,712 for fiscal year 2025, and $959,639,810forfiscalyear2026shallbeavailabletoprovidefinancialassistanceforruralareasundersection5311;$36,840,115 for fiscal year 2022, $37,609,743forfiscalyear2023,$38,591,779 for fiscal year 2024, $39,388,993forfiscalyear2025,and$40,390,337 for fiscal year 2026 shall be available to carry out section 5312, of which— $5,000,000forfiscalyear2022,$5,104,455 for fiscal year 2023, $5,237,739forfiscalyear2024,$5,345,938 for fiscal year 2025, and $5,481,842forfiscalyear2026shallbeavailabletocarryoutsection5312(h);and$6,578,592 for fiscal year 2022, $6,716,026forfiscalyear2023,$6,891,389 for fiscal year 2024, $7,033,749forfiscalyear2025,and$7,212,560 for fiscal year 2026 shall be available to carry out section 5312(i); $11,841,465forfiscalyear2022,$12,088,846 for fiscal year 2023, $12,404,500forfiscalyear2024,$12,660,748 for fiscal year 2025, and $12,982,608forfiscalyear2026shallbeavailabletocarryoutsection5314,ofwhich$6,578,592 for fiscal year 2022, $6,716,026forfiscalyear2023,$6,891,389 for fiscal year 2024, $7,033,749forfiscalyear2025,and$7,212,560 for fiscal year 2026 shall be available for the national transit institute under section 5314(c); $5,000,000forfiscalyear2022,$5,104,455 for fiscal year 2023, $5,237,739forfiscalyear2024,$5,345,938 for fiscal year 2025, and $5,481,842forfiscalyear2026shallbeavailableforbustestingundersection5318;$131,000,000 for fiscal year 2022, $134,930,000forfiscalyear2023,$138,977,900 for fiscal year 2024, $143,147,237forfiscalyear2025,and$147,441,654 for fiscal year 2026 shall be available to carry out section 5334; $5,262,874forfiscalyear2022,$5,372,820 for fiscal year 2023, $5,513,111forfiscalyear2024,$5,626,999 for fiscal year 2025, and $5,770,048forfiscalyear2026shallbeavailabletocarryoutsection5335;$3,515,528,226 for fiscal year 2022, $3,587,778,037forfiscalyear2023,$3,680,934,484 for fiscal year 2024, $3,755,675,417forfiscalyear2025,and$3,850,496,668 for fiscal year 2026 shall be available to carry out section 5337, of which $300,000,000foreachoffiscalyears2022through2026shallbeavailabletocarryoutsection5337(f);$603,992,657 for fiscal year 2022, $616,610,699forfiscalyear2023,$632,711,140 for fiscal year 2024, $645,781,441forfiscalyear2025,and$662,198,464 for fiscal year 2026 shall be available for the bus and buses facilities program under section 5339(a); $447,257,433forfiscalyear2022,$456,601,111 for fiscal year 2023, $468,523,511forfiscalyear2024,$478,202,088 for fiscal year 2025, and $490,358,916forfiscalyear2026shallbeavailableforbusesandbusfacilitiescompetitivegrantsundersection5339(b)andnoorlowemissiongrantsundersection5339(c),ofwhich$71,561,189 for fiscal year 2022, $73,056,178forfiscalyear2023,$74,963,762 for fiscal year 2024, $76,512,334forfiscalyear2025,and$78,457,427 for fiscal year 2026 shall be available to carry out section 5339(c); and $741,042,792forfiscalyear2022,$756,523,956 for fiscal year 2023, $776,277,698forfiscalyear2024,$792,313,742 for fiscal year 2025, and $812,455,901forfiscalyear2026,tocarryoutsection5340toprovidefinancialassistanceforurbanizedareasundersection5307andruralareasundersection5311,ofwhich—$392,752,680 for fiscal year 2022, $400,957,696forfiscalyear2023,$411,427,180 for fiscal year 2024, $419,926,283forfiscalyear2025,and$430,601,628 for fiscal year 2026 shall be for growing States under section 5340(c); and $348,290,112forfiscalyear2022,$355,566,259 for fiscal year 2023, $364,850,518forfiscalyear2024,$372,387,459 for fiscal year 2025, and $381,854,274 for fiscal year 2026 shall be for high density States under section 5340(d).

(b) Capital Investment Grants.— There are authorized to be appropriated to carry out section 5309 of this title and section 3005(b) of the Federal Public Transportation Act of 2015 ( 49 U.S.C. 5309 note; Public Law 114–94 ), $3,000,000,000 for each of fiscal years 2022 through 2026.

(c) Oversight.— Of the amounts made available to carry out this chapter for a fiscal year, the Secretary may use not more than the following amounts for the activities described in paragraph (2): 0.5 percent of amounts made available to carry out section 5305. 0.75 percent of amounts made available to carry out section 5307. 1 percent of amounts made available to carry out section 5309. 1 percent of amounts made available to carry out section 601 of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 ; 126 Stat. 4968 ). 1 0.5 percent of amounts made available to carry out section 5310. 0.5 percent of amounts made available to carry out section 5311. 1 percent of amounts made available to carry out section 5337, of which not less than 0.25 percent of amounts made available for this subparagraph shall be available to carry out section 5329. 0.75 percent of amounts made available to carry out section 5339. The activities described in this paragraph are as follows: Activities to oversee the construction of a major capital project. Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under this chapter. Activities to provide technical assistance generally, and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section. Activities to carry out section 5334. The Government shall pay the entire cost of carrying out a contract under this subsection. Funds made available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement.

(d) Grants as Contractual Obligations.— A grant or contract that is approved by the Secretary and financed with amounts made available from the Mass Transit Account of the Highway Trust Fund pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project. A grant or contract that is approved by the Secretary and financed with amounts appropriated in advance from the General Fund of the Treasury pursuant to this section is a contractual obligation of the Government to pay the Government share of the cost of the project only to the extent that amounts are appropriated for such purpose by an Act of Congress.

(e) Availability of Amounts.— Amounts made available by or appropriated under this section shall remain available until expended.

§ 5339 Grants for buses and bus facilities

(a) Formula Grants.— In this subsection— the term “low or no emission vehicle” has the meaning given that term in subsection (c)(1); the term “State” means a State of the United States; and the term “territory” means the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands. The Secretary may make grants under this subsection to assist eligible recipients described in paragraph (4)(A) in financing capital projects— to replace, rehabilitate, and purchase buses and related equipment, including technological changes or innovations to modify low or no emission vehicles or facilities; and to construct bus-related facilities. The requirements of— section 5307 shall apply to recipients of grants made in urbanized areas under this subsection; and section 5311 shall apply to recipients of grants made in rural areas under this subsection. Eligible recipients under this subsection are— designated recipients that allocate funds to fixed route bus operators; or State or local governmental entities that operate fixed route bus service. A recipient that receives a grant under this subsection may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation. Funds allocated under section 5338(a)(2)(L) 1 shall be distributed as follows: $206,000,000eachfiscalyearshallbeallocatedtoallStatesandterritories,witheachStatereceiving$4,000,000 for each such fiscal year and each territory receiving $1,000,000 for each such fiscal year. The remainder of the funds not otherwise distributed under subparagraph (A) shall be allocated pursuant to the formula set forth in section 5336 other than subsection (b). The Governor of a State may transfer any part of the State’s apportionment under paragraph (5)(A) to supplement amounts apportioned to the State under section 5311(c) or amounts apportioned to urbanized areas under subsections (a) and (c) of section 5336. The Governor of a State may expend in an urbanized area with a population of less than 200,000 any amounts apportioned under paragraph (5)(B) that are not allocated to designated recipients in urbanized areas with a population of 200,000 or more. A grant for a capital project under this subsection shall be for 80 percent of the net capital costs of the project. A recipient of a grant under this subsection may provide additional local matching amounts. The remainder of the net project cost shall be provided— in cash from non-Government sources other than revenues from providing public transportation services; from revenues derived from the sale of advertising and concessions; from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; from amounts received under a service agreement with a State or local social service agency or private social service organization; or from revenues generated from value capture financing mechanisms. Amounts made available under this subsection may be obligated by a recipient for 3 fiscal years after the fiscal year in which the amount is apportioned. Not later than 30 days after the end of the 3-fiscal-year period described in the preceding sentence, any amount that is not obligated on the last day of such period shall be added to the amount that may be apportioned under this subsection in the next fiscal year. For each of fiscal years 2016 through 2020, the Secretary shall carry out a pilot program under which an eligible recipient (as described in paragraph (4)) in an urbanized area with population of not less than 200,000 and not more than 999,999 may elect to participate in a State pool in accordance with this paragraph. The purpose of a State pool shall be to allow for transfers of formula grant funds made available under this subsection among the designated recipients participating in the State pool in a manner that supports the transit asset management plans of the designated recipients under section 5326. A State, and eligible recipients in the State described in subparagraph (A), may submit to the Secretary a request for participation in the program under procedures to be established by the Secretary. An eligible recipient for a multistate area may participate in only 1 State pool. For each fiscal year, the Secretary shall allocate to each State participating in the program the total amount of funds that otherwise would be allocated to the urbanized areas of the eligible recipients participating in the State’s pool for that fiscal year pursuant to the formulas referred to in paragraph (5). A State shall distribute the amount that is allocated to the State for a fiscal year under subparagraph (D) among the eligible recipients participating in the State’s pool in a manner that supports the transit asset management plans of the recipients under section 5326. A State participating in the program shall develop an allocation plan for the period of fiscal years 2016 through 2020 to ensure that an eligible recipient participating in the State’s pool receives under the program an amount of funds that equals the amount of funds that would have otherwise been available to the eligible recipient for that period pursuant to the formulas referred to in paragraph (5). The Secretary shall make grants under this subsection for a fiscal year to an eligible recipient participating in a State pool following notification by the State of the allocation amount determined under subparagraph (E). Eligible recipients and subrecipients under this subsection should, to the extent practicable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act ( 49 U.S.C. 5325 note; Public Law 114–94 ). If an eligible recipient or subrecipient under this subsection purchases less than 5 buses through a standalone procurement, the eligible recipient or subrecipient shall provide to the Secretary a written explanation regarding why the tools authorized under section 3019 of the FAST Act ( 49 U.S.C. 5325 note; Public Law 114–94 ) were not utilized.

(b) Buses and Bus Facilities Competitive Grants.— The Secretary may make grants under this subsection to eligible recipients (as described in subsection (a)(4)) to assist in the financing of buses and bus facilities capital projects, including— replacing, rehabilitating, purchasing, or leasing buses or related equipment; and rehabilitating, purchasing, constructing, or leasing bus-related facilities. In making grants under this subsection, the Secretary shall consider the age and condition of buses, bus fleets, related equipment, and bus-related facilities. A State may submit a statewide application on behalf of a public agency or private nonprofit organization engaged in public transportation in rural areas or other areas for which the State allocates funds. The submission of a statewide application shall not preclude the submission and consideration of any application under this subsection from other eligible recipients (as described in subsection (a)(4)) in an urbanized area in a State. The Secretary shall— disclose all metrics and evaluation procedures to be used in considering grant applications under this subsection upon issuance of the notice of funding availability in the Federal Register; and publish a summary of final scores for selected projects, metrics, and other evaluations used in awarding grants under this subsection in the Federal Register. Subject to subparagraph (B), not less than 15 percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects in rural areas. The Secretary may use less than 15 percent of the amounts made available under this subsection in a fiscal year for the projects described in subparagraph (A) if the Secretary cannot meet the requirement of that subparagraph due to insufficient eligible applications. A grant under this subsection shall be subject to the requirements of— section 5307 for eligible recipients of grants made in urbanized areas; and section 5311 for eligible recipients of grants made in rural areas. The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent. Any amounts made available to carry out this subsection— shall remain available for 3 fiscal years after the fiscal year for which the amount is made available; and that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year. Of the amounts made available under this subsection, not more than 10 percent may be awarded to a single grantee. The Secretary shall— not later than 30 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of— 75 days after the date on which the solicitation expires; or the end of the fiscal year in which the Secretary solicited the grant applications. An eligible recipient of a grant under this subsection may submit an application in partnership with other entities, including a transit vehicle manufacturer that intends to participate in the implementation of a project under this subsection and subsection (c). Projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procurement under section 5325. Eligible recipients under this subsection should, to the extent practicable, seek to utilize the procurement tools authorized under section 3019 of the FAST Act ( 49 U.S.C. 5325 note; Public Law 114–94 ). If an eligible recipient under this subsection purchases less than 5 buses through a standalone procurement, the eligible recipient shall provide to the Secretary a written explanation regarding why the tools authorized under section 3019 of the FAST Act ( 49 U.S.C. 5325 note; Public Law 114–94 ) were not utilized.

(c) Low or No Emission Grants.— In this subsection— the term “direct carbon emissions” means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency; the term “eligible project” means a project or program of projects in an eligible area for— acquiring low or no emission vehicles; leasing low or no emission vehicles; acquiring low or no emission vehicles with a leased power source; constructing facilities and related equipment for low or no emission vehicles; leasing facilities and related equipment for low or no emission vehicles; constructing new public transportation facilities to accommodate low or no emission vehicles; or rehabilitating or improving existing public transportation facilities to accommodate low or no emission vehicles; the term “leased power source” means a removable power source, as defined in subsection (c)(3) of section 3019 of the Federal Public Transportation Act of 2015 that is made available through a capital lease under such section; the term “low or no emission bus” means a bus that is a low or no emission vehicle; the term “low or no emission vehicle” means— a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or a zero emission vehicle used to provide public transportation; the term “recipient” means a designated recipient, a local governmental authority, or a State that receives a grant under this subsection for an eligible project; and the term “zero emission vehicle” means a low or no emission vehicle that produces no carbon or particulate matter. The Secretary may make grants to recipients to finance eligible projects under this subsection. A grant under this subsection shall be subject to— with respect to eligible recipients in urbanized areas, section 5307; and with respect to eligible recipients in rural areas, section 5311. Section 5323(i) applies to eligible projects carried out under this subsection, unless the recipient requests a lower grant percentage. An eligible project carried out under this subsection may receive funding under section 5307 or any other provision of law. Nothing in this subparagraph shall be construed to alter the Government share required under paragraph (7), section 5307, or any other provision of law. In awarding grants under this subsection or under subsection (b) for projects related to zero emission vehicles, the Secretary shall require the applicant to submit a zero emission transition plan, which, at a minimum— demonstrates a long-term fleet management plan with a strategy for how the applicant intends to use the current application and future acquisitions; addresses the availability of current and future resources to meet costs; considers policy and legislation impacting technologies; includes an evaluation of existing and future facilities and their relationship to the technology transition; describes the partnership of the applicant with the utility or alternative fuel provider of the applicant; and examines the impact of the transition on the applicant’s current workforce by identifying skill gaps, training needs, and retraining needs of the existing workers of the applicant to operate and maintain zero emission vehicles and related infrastructure and avoids the displacement of the existing workforce. The Secretary shall— not later than 30 days after the date on which amounts are made available for obligation under this subsection for a full fiscal year, solicit grant applications for eligible projects on a competitive basis; and award a grant under this subsection based on the solicitation under subparagraph (A) not later than the earlier of— 75 days after the date on which the solicitation expires; or the end of the fiscal year in which the Secretary solicited the grant applications. In awarding grants under this subsection, the Secretary— shall consider eligible projects relating to the acquisition or leasing of low or no emission buses or bus facilities that make greater reductions in energy consumption and harmful emissions, including direct carbon emissions, than comparable standard buses or other low or no emission buses; and shall, for no less than 25 percent of the funds made available to carry out this subsection, only consider eligible projects related to the acquisition of low or no emission buses or bus facilities other than zero emission vehicles and related facilities. Any amounts made available to carry out this subsection— shall remain available to an eligible project for 3 fiscal years after the fiscal year for which the amount is made available; and that remain unobligated at the end of the period described in subparagraph (A) shall be added to the amount made available to an eligible project in the following fiscal year. The Federal share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent. The non-Federal share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions. A recipient of a grant under this subsection may submit an application in partnership with other entities, including a transit vehicle manufacturer, that intends to participate in the implementation of an eligible project under this subsection. Eligible projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procurement under section 5325.

(d) Workforce Development Training Activities.— 5 percent of grants related to zero emissions vehicles (as defined in subsection (c)(1)) or related infrastructure under subsection (b) or (c) shall be used by recipients to fund workforce development training, as described in section 5314(b)(2) (including registered apprenticeships and other labor-management training programs) under the recipient’s plan to address the impact of the transition to zero emission vehicles on the applicant’s current workforce under subsection (c)(3)(D), unless the recipient certifies a smaller percentage is necessary to carry out that plan.

§ 5340 Apportionments based on growing States and high density States formula factors

(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) 1 in accordance with subsection (c) and subsection (d).

(c) Growing State Apportionments.— 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. 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. 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. 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: 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. For each State qualifying for an apportionment under paragraph (1), the Secretary shall calculate an amount equal to— the total land area of the State (in square miles); multiplied by 370; multiplied by the population of the State in urbanized areas; divided by the total population of the State. 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). 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). 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.