In this section, the word “apportioned” is substituted for “available”, “shall be available for expenditure”, “made available”, and “made available for expenditure” for clarity and consistency in this chapter.

In subsection (a)(1), before subclause (A), the words “the sum of” are omitted as surplus.

In subsection (b)(2)(D), the word “provided” is omitted as surplus. The words “is deemed” are substituted for “as if . . . were” for consistency in the revised title and with other titles of the United States Code. The words “directly or indirectly” are omitted as surplus.

In subsection (c)(1)(B), before clause (i), the words “of at least 200,000” are added for clarity.

In subsection (d)(1)(D), the words “Notwithstanding the preceding sentence” and “each fiscal year” are omitted as surplus.

In subsection (d)(2), the words “Beginning on October 1, 1991” are omitted as executed. The words “paragraph (1) of this subsection” are substituted for “under this section that may be used for operating assistance by urbanized areas” to eliminate unnecessary words. The words “(if any)” are omitted as surplus. The words “Secretary of Labor” are substituted for “Department of Labor” because of 29:551. The text of 49 App.:1607a(k)(2)(B) (2d sentence) is omitted as executed. The text of 49 App.:1607a(k)(2)(B) (last sentence) is omitted as surplus.

In subsection (e)(1), the words “under section 5338(f) of this title” are added for clarity. The words “in accordance with the provisions of this section” are omitted as surplus.

In subsection (e)(2), the words “established by the preceding sentence” are omitted as surplus.

In subsection (g)(1) and (2), the word “part” is substituted for “amount” for clarity.

In subsection (g)(4), the words “including areas of 200,000 or more population” are omitted as surplus.

In subsection (h), the words “in each fiscal year beginning after September 30, 1991” are omitted as obsolete.

In subsection (i), the words “the close of” are omitted as surplus.

In subsection (j), the references to sections 5302(a)(8) and 5318 are added for clarity. The source provisions of sections 5302(a)(8) and 5318, enacted by section 317 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 233), were not intended to come under the exclusion stated in 49 App.:1607a(e)(1). The words “condition, limitation, or other” and “for programs of projects” are omitted as surplus.

In subsection (k), the text of 49 App.:1607a(s)(1) is omitted as obsolete.

This amends 49:5336(b)(2) to clarify the restatement of 49 App.:1607a(b) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 840).

Section 5311(c)(3), referred to in subsec. (f)(1), (2), was redesignated section 5311(c)(4) by Pub. L. 117–58, div. C, § 30006(1)(A), Nov. 15, 2021, 135 Stat. 900.

2021—Subsec. (e). Pub. L. 117–58, § 30001(b)(3), struck out “, as defined in section 5302(4)” after “designated recipient”.

Subsec. (h)(3). Pub. L. 117–58, § 30015(a), substituted “paragraphs (1) and (2), 3 percent” for “paragraphs (1) and (2)—

“(A) for fiscal years 2016 through 2018, 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i); and

“(B) for fiscal years 2019 and 2020, 2 percent”.

Subsec. (h)(4). Pub. L. 117–58, § 30015(b)(1), substituted “0.75 percent” for “0.5 percent”.

2015—Subsec. (a). Pub. L. 114–94, § 3014(1), substituted “subsection (h)(5)” for “subsection (h)(4)” in introductory provisions.

Subsec. (b)(2)(E). Pub. L. 114–94, § 3014(2), substituted “27 percent” for “22.27 percent”.

Subsec. (h)(1). Pub. L. 114–94, § 3014(3)(A), added par. (1) and struck out former par. (1), which read as follows: “$30,000,000 for each fiscal year ending before October 1, 2015, and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015, shall be set aside to carry out section 5307(h);”.

Pub. L. 114–87 substituted “and $5,327,869 for the period beginning on October 1, 2015, and ending on December 4, 2015,” for “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,”.

Pub. L. 114–73 substituted “and $4,180,328 for the period beginning on October 1, 2015, and ending on November 20, 2015,” for “and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,”.

Pub. L. 114–41 substituted “for each fiscal year ending before October 1, 2015, and $2,377,049 for the period beginning on October 1, 2015, and ending on October 29, 2015,” for “for each fiscal year ending before October 1, 2014, and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,”.

Pub. L. 114–21 substituted “and $24,986,301 for the period beginning on October 1, 2014, and ending on July 31, 2015,” for “and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,”.

Subsec. (h)(3). Pub. L. 114–94, § 3014(3)(B), added par. (3) and struck out former par. (3), which read as follows: “of amounts not apportioned under paragraphs (1) and (2), 1.5 percent shall be apportioned to urbanized areas with populations of less than 200,000 in accordance with subsection (i);”.

2014—Subsec. (h)(1). Pub. L. 113–159 inserted “for each fiscal year ending before October 1, 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,” before “shall be set aside”.

2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to apportionment of appropriations for formula grants and consisted of subsecs. (a) to (k).

2008—Subsec. (a). Pub. L. 110–244, § 201(l)(1)(A), in introductory provisions, substituted “Of the amount apportioned under subsection (i)(2) to carry out section 5307—” for “Of the amount apportioned under subsection (i)(2)—”.

Subsec. (a)(2). Pub. L. 110–244, § 201(l)(2), amended Pub. L. 109–59, § 3034(d)(2). See 2005 Amendment note below.

Subsec. (c). Pub. L. 110–244, § 201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).

Subsec. (d)(1). Pub. L. 110–244, § 201(l)(1)(B), substituted “subsections (a)(1)(C)(vi) and (b)(2)(B) of section 5338” for “subsections (a) and (h)(2) of section 5338”.

Subsec. (k). Pub. L. 110–244, § 201(l)(1)(C), redesignated subsec. (c) relating to study on incentives in formula programs as (k).

2005—Subsec. (a). Pub. L. 109–59, § 3034(d)(1), which directed amendment of subsec. (a) by substituting “to carry out section 5307” for “of this title”, could not be executed because of prior amendment by Pub. L. 109–59, § 3034(a)(4). See below.

Pub. L. 109–59, § 3034(a)(4), substituted “Of the amount apportioned under subsection (i)(2)” for “Of the amount made available or appropriated under section 5338(a) of this title” in introductory provisions.

Subsec. (a)(2). Pub. L. 109–59, § 3034(d)(2), as amended by Pub. L. 110–244, § 201(l)(2), inserted before period at end “, 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”.

Subsec. (b)(1). Pub. L. 109–59, § 3034(d)(3), inserted “and, beginning in fiscal year 2006, 60 percent of the directional route miles attributable to the Alaska Railroad passenger operations” before period at end.

Subsec. (c). Pub. L. 109–59, § 3034(c), added at end of section subsec. (c) relating to study on incentives in formula programs.

Subsecs. (d) to (f). Pub. L. 109–59, § 3034(a)(1), (2), redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: “[Reserved.]”.

Subsec. (g). Pub. L. 109–59, § 3034(a)(2), redesignated subsec. (i) as (g). Former subsec. (g) redesignated (f).

Subsec. (g)(1). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”.

Subsec. (h). Pub. L. 109–59, § 3034(d)(4), substituted “a grant made with funds apportioned under” for “a grant made under” in two places.

Pub. L. 109–59, § 3034(a)(1), (2), redesignated subsec. (j) as (h) and struck out heading and text of former subsec. (h). Text read as follows: “If sufficient amounts are available, the Secretary of Transportation shall change apportionments under this section between the Mass Transit Account of the Highway Trust Fund and the general fund to ensure that each recipient receives from the general fund at least as much operating assistance made available each fiscal year under this section as the recipient is eligible to receive.”

Subsec. (i). Pub. L. 109–59, § 3034(a)(3), added subsec. (i). Former subsec. (i) redesignated (g).

Subsec. (j). Pub. L. 109–59, § 3034(b), added subsec. (j). Former subsec. (j) redesignated (h).

Subsec. (k). Pub. L. 109–59, § 3034(a)(1), struck out heading and text of subsec. (k). Text read as follows: “An area designated an urbanized area under the 1980 census and not designated an urbanized area under the 1990 census for the fiscal year ending September 30, 1993, is eligible to receive—

“(1) 50 percent of the amount the area would have received if the area had been an urbanized area as defined by section 5302(a)(13) of this title; and

“(2) an amount equal to 50 percent of the amount that the State in which the area is located would have received if the area had been an area other than an urbanized area.”

1998—Pub. L. 105–178, § 3027(a), substituted “formula grants” for “block grants” in section catchline.

Subsec. (a). Pub. L. 105–178, § 3029(b)(10), substituted “5338(a) of this title” for “5338(f) of this title” in introductory provisions.

Subsec. (d). Pub. L. 105–178, § 3027(b), amended subsec. (d) generally, substituting “[Reserved.]” for former provisions relating to operating assistance.

Subsec. (e)(1). Pub. L. 105–178, § 3029(b)(11), substituted “subsections (a) and (h)(2) of section 5338” for “section 5338(f)”.

1996—Subsec. (b)(2)(A), (B). Pub. L. 104–287, § 5(19)(A), inserted at end “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.”

Subsec. (b)(2)(C) to (E). Pub. L. 104–287, § 5(19)(B), (C), redesignated subpars. (D) and (E) as (C) and (D), respectively, and struck out former subpar. (C) which read as follows: “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 subsection.”

Pub. L. 117–58, div. C, § 30015(b)(2), Nov. 15, 2021, 135 Stat. 910, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to fiscal year 2022 and each fiscal year thereafter.”

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Amendment by section 201(l)(2) of Pub. L. 110–244 effective as of the date of enactment of Pub. L. 109–59 (Aug. 10, 2005) and to be treated as included in Pub. L. 109–59 as of that date, and provisions of Pub. L. 109–59, as in effect on the day before June 6, 2008, that are amended by Pub. L. 110–244 to be treated as not enacted, see section 121(b) of Pub. L. 110–244, set out as a note under section 101 of Title 23, Highways.

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.

Pub. L. 105–178, title III, § 3033, June 9, 1998, 112 Stat. 386, required the Secretary of Transportation to conduct a study on the success of the formula used to apportion funds to urbanized areas and to submit a report no later than Dec. 31, 1999.