§ 5336. Apportionment of appropriations for formula grants
(a)
Based on Urbanized Area Population.—
Of the amount apportioned under subsection (i)(2) to carry out section
5307—
(1)
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—
(2)
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, except that the amount apportioned to the Anchorage urbanized area under subsection (b) shall be available to the Alaska Railroad for any costs related to its passenger operations.
(b)
Based on Fixed Guideway Revenue Vehicle-Miles, Route-Miles, and Passenger-Miles.—
(1)
In this subsection, “fixed guideway revenue vehicle-miles” and “fixed guideway route-miles” include ferry boat operations directly or under contract by the designated recipient and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations.
(2)
Of the amount apportioned under subsection (a)(2) of this section, 33.29 percent shall be apportioned as follows:
(A)
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—
(i)
60 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway revenue vehicle-miles attributable to the area, as established by the Secretary of Transportation, divided by the total number of all fixed guideway revenue vehicle-miles attributable to all areas; and
(ii)
40 percent of the 95.61 percent apportioned under this subparagraph multiplied by a ratio equal to the number of fixed guideway route-miles attributable to the area, established by the Secretary, divided by the total number of all fixed guideway 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.
(B)
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—
(i)
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
(ii)
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.
(C)
Under subparagraph (A) of this paragraph, fixed guideway revenue vehicle- or 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.
(D)
A recipient’s apportionment under subparagraph (A)(i) of this paragraph may not be reduced if the recipient, after satisfying the Secretary of Transportation that energy or operating efficiencies would be achieved, reduces revenue vehicle-miles but provides the same frequency of revenue service to the same number of riders.
(c)
Based on Bus Revenue Vehicle-Miles and Passenger-Miles.—
Of the amount apportioned under subsection (a)(2) of this section, 66.71 percent shall be apportioned as follows:
(1)
90.8 percent of the total amount apportioned under this subsection shall be apportioned as follows:
(A)
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—
(i)
50 percent of the 73.39 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus revenue vehicle-miles operated in or directly serving the urbanized area divided by the total bus revenue vehicle-miles attributable to all areas;
(B)
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—
(i)
50 percent of the 26.61 percent apportioned under this subparagraph multiplied by a ratio equal to the total bus revenue vehicle-miles operated in or directly serving the urbanized area divided by the total bus revenue vehicle-miles attributable to all areas;
(2)
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—
(d)
Date of Apportionment.—
The Secretary of Transportation shall—
(1)
apportion amounts appropriated under subsections (a)(1)(C)(vi) and (b)(2)(B) of section
5338 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
(e)
Amounts Not Apportioned to Designated Recipients.—
The chief executive officer 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 as defined in section
5307
(a) of this title.
(f)
Transfers of Apportionments.—
(1)
The chief executive officer 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) of this title or amounts apportioned to urbanized areas under this subsection. The chief executive officer 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.
(2)
The chief executive officer of a State may transfer any part of the State’s apportionment under section
5311
(c) of this title to supplement amounts apportioned to the State under subsection (a)(1) of this section.
(3)
The chief executive officer 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.
(g)
Period of Availability to Recipients.—
An amount apportioned under this section may be obligated by the recipient for 3 years after the fiscal year in which the amount is apportioned. Not later than 30 days after the end of the 3-year period, 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)
Application of Other Sections.—
Sections
5302,
5318,
5323
(a)(1), (d), and (f),
5332, and
5333 of this title apply to this section and to a grant made with funds apportioned under this section. Except as provided in this section, no other provision of this chapter applies to this section or to a grant made with funds apportioned under this section.
(i)
Apportionments.—
Of the amounts made available for each fiscal year under subsections (a)(1)(C)(vi) and (b)(2)(B) of section
5338—
(j)
Small Transit Intensive Cities Formula.—
(1)
Definitions.—
In this subsection, the following definitions apply:
(A)
Eligible area.—
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).
(2)
Apportionment.—
(A)
Apportionment formula.—
The amount to be apportioned under subsection (i)(1) shall be apportioned among eligible areas in the ratio that—
(k)
Study on Incentives in Formula Programs.—
(1)
Study.—
The Secretary shall conduct a study to assess the feasibility and appropriateness of developing and implementing an incentive funding system under sections
5307 and
5311 for operators of public transportation.
(2)
Report.—
(A)
In general.—
Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2005, the Secretary shall submit a report on the results of the study conducted under paragraph (1) to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.