49 U.S.C. § 5311 - U.S. Code - Unannotated Title 49. Transportation § 5311. Formula grants for rural areas

(A) 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;

(B) public transportation capital projects;

(C) operating costs of equipment and facilities for use in public transportation;

(D) job access and reverse commute projects;  and

(E) the acquisition of public transportation services, including service agreements with private providers of public transportation service.

(A) In general.--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.

(B) Submission to Secretary.--Each State shall submit to the Secretary annually the program described in subparagraph (A).

(C) Approval.--The Secretary may not approve the program unless the Secretary determines that--

(A) In general.--The Secretary shall carry out a rural transportation assistance program in rural areas.

(B) Grants and contracts.--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.

(C) Projects of a national scope.--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.

(A) total annual revenue;

(B) sources of revenue;

(C) total annual operating costs;

(D) total annual capital costs;

(E) fleet size and type, and related facilities;

(F) vehicle revenue miles;  and

(G) ridership.

(A) $5,000,000 for each fiscal year shall be distributed on a competitive basis by the Secretary.

(B) $30,000,000 for each fiscal year shall be apportioned as formula grants, as provided in subsection (j).

(A) Definitions.--In this paragraph--

(B) In general.--The Secretary shall carry out a public transportation assistance program in the Appalachian region.

(C) Apportionment.--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.

(D) Special rule.--An eligible recipient may use amounts that cannot be used for operating expenses under this paragraph for a highway project if--

(A) In general.--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.

(B) Apportionment based on land area and population in nonurbanized areas.--

(C) Apportionment based on land area, vehicle revenue miles, and low-income individuals in nonurbanized areas.--

(A) planning and marketing for intercity bus transportation;

(B) capital grants for intercity bus facilities;

(C) joint-use facilities;

(D) operating grants through purchase-of-service agreements, user-side subsidies, and demonstration projects;  and

(E) coordinating rural connections between small public transportation operations and intercity bus carriers.

(A) In general.--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.

(B) Exception.--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.

(A) In general.--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.

(B) Exception.--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).

(A) may be provided in cash from non-Government sources;

(B) may be provided from revenues from the sale of advertising and concessions;

(C) 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;

(D) 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;

(E) notwithstanding subparagraph (B), may be derived from amounts made available to carry out the Federal lands highway program established by section 204 of title 23;  and

(F) 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 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, including all operating and capital costs of such service whether or not offset by revenue from such service, as an in-kind match.

(A) In general.--Of the amounts described in subsection (c)(1)(B)--

(B) Limitation.--No recipient shall receive more than $300,000 of the amounts apportioned under subparagraph (A)(iii) in a fiscal year.

(C) Remaining amounts.--Of the amounts made available under subparagraph (A)(iii), any amounts not apportioned under that subparagraph shall be allocated among Indian tribes receiving less than $300,000 in a fiscal year according to the formula specified in that clause.

(D) Low-income individuals.--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.

(E) Allocation between multiple Indian tribes.--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.