2004 US Code
Title 49 - TRANSPORTATION
SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53 - MASS TRANSPORTATION
Sec. 5337 - Apportionment of appropriations for fixed guideway modernization
View MetadataPublication Title | United States Code, 2000 Edition, Supplement 4, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - MASS TRANSPORTATION Sec. 5337 - Apportionment of appropriations for fixed guideway modernization |
Contains | section 5337 |
Date | 2004 |
Laws in Effect as of Date | January 3, 2005 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 103-272, §1(d), July 5, 1994, 108 Stat. 844; Pub. L. 103-429, §6(14), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 102-240, title III, §3049(b), as added Pub. L. 105-130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105-178, title III, §§3028, 3029(b)(12), June 9, 1998, 112 Stat. 366, 373; Pub. L. 105-206, title IX, §9009(p), July 22, 1998, 112 Stat. 858; Pub. L. 108-88, §8(b)(2), Sept. 30, 2003, 117 Stat. 1121. |
Statutes at Large References | 78 Stat. 302 88 Stat. 1573 92 Stat. 2737 105 Stat. 2091 106 Stat. 1566 108 Stat. 844, 4379 111 Stat. 2559 112 Stat. 366, 858 117 Stat. 1121 118 Stat. 485, 633, 704, 882, 1154 |
Public Law References | Public Law 88-365, Public Law 93-503, Public Law 95-599, Public Law 102-240, Public Law 102-388, Public Law 103-272, Public Law 103-429, Public Law 105-130, Public Law 105-178, Public Law 105-206, Public Law 108-88, Public Law 108-202, Public Law 108-224, Public Law 108-263, Public Law 108-280, Public Law 108-310 |
§5337. Apportionment of appropriations for fixed guideway modernization
(a) Distribution.—The Secretary shall apportion amounts made available for fixed guideway modernization under section 5309 for each of fiscal years 1998 through 2003 as follows:
(1) The first 7,700,000 shall be apportioned in the following urbanized areas as follows:
(A) Baltimore, ,372,000.
(B) Boston, ,948,000.
(C) Chicago/Northwestern Indiana, ,169,000.
(D) Cleveland, ,509,500.
(E) New Orleans, ,730,588.
(F) New York, 6,034,461.
(G) Northeastern New Jersey, ,604,653.
(H) Philadelphia/Southern New Jersey, ,924,764.
(I) Pittsburgh, ,662,463.
(J) San Francisco, ,989,571.
(K) Southwestern Connecticut, ,755,000.
(2) The next ,000,000 shall be apportioned as follows:
(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A).
(B) 50 percent in other urbanized areas eligible for assistance under section 5336(b)(2)(A) to which amounts were apportioned under this section for fiscal year 1997, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.
(3) The next ,700,000 shall be apportioned in the following urbanized areas as follows:
(A) Pittsburgh, 61.76 percent.
(B) Cleveland, 10.73 percent.
(C) New Orleans, 5.79 percent.
(D) 21.72 percent in urbanized areas to which paragraph (2)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.
(4) The next 6,600,000 shall be apportioned in each urbanized area to which paragraph (1) applies and in each urbanized area to which paragraph (2)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(1) of this section.
(5) The next ,000,000 shall be apportioned as follows:
(A) 65 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(B) 35 percent to other urbanized areas eligible for assistance under section 5336(b)(2)(A) if the areas contain fixed guideway systems placed in revenue service at least 7 years before the fiscal year in which amounts are made available and in any urbanized area if, before the first day of the fiscal year, the area satisfies the Secretary that the area has modernization needs that cannot adequately be met with amounts received under section 5336(b)(2)(A), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(6) The next ,000,000 shall be apportioned as follows:
(A) 60 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(B) 40 percent to urbanized areas to which paragraph (5)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(7) Remaining amounts shall be apportioned as follows:
(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(B) 50 percent to urbanized areas to which paragraph (5)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e)(2) of this section.
(b) Total Amounts Not Available.—In a fiscal year in which the total amounts authorized under subsection (a)(1) and (2) of this section are not available, the Secretary shall reduce on a proportionate basis the apportionments of all urbanized areas eligible under subsection (a)(1) or (2) to adjust for the amount not available.
(c) New Jersey Transit Corporation.—Rail modernization amounts allocated to the New Jersey Transit Corporation under this section may be spent in any urbanized area in which the New Jersey Transit Corporation operates rail transportation, regardless of which urbanized area generates the financing.
(d) Availability of Amounts.—An amount apportioned under this section—
(1) remains available for 3 years after the fiscal year in which the amount is apportioned; and
(2) that is unobligated at the end of the 3-year period shall be reapportioned for the next fiscal year among urbanized areas eligible under subsection (a)(1)–(3) of this section using the apportionment formula of this section.
(e) Route Segments To Be Included in Apportionment Formulas.—
(1) 1997 standard.—Amounts apportioned under paragraphs (2)(B), (3), and (4) of subsection (a) shall have attributable to each urbanized area only the number of fixed guideway revenue miles of service and number of fixed guideway route miles for segments of fixed guideway systems used to determine apportionments for fiscal year 1997.
(2) Other standards.—Amounts apportioned under paragraphs (5) through (7) of subsection (a) shall have attributable to each urbanized area only the number of fixed guideway revenue miles of service and number of fixed guideway route-miles for segments of fixed guideway systems placed in revenue service at least 7 years before the fiscal year in which amounts are made available.
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 844; Pub. L. 103–429, §6(14), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 102–240, title III, §3049(b), as added Pub. L. 105–130, §8, Dec. 1, 1997, 111 Stat. 2559; Pub. L. 105–178, title III, §§3028, 3029(b)(12), June 9, 1998, 112 Stat. 366, 373; Pub. L. 105–206, title IX, §9009(p), July 22, 1998, 112 Stat. 858; Pub. L. 108–88, §8(b)(2), Sept. 30, 2003, 117 Stat. 1121.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5337(a) | 49 App.:1602(h) (1)–(4). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(h)(1)–(6); added Aug. 22, 1974, Pub. L. 93–503, §110, 88 Stat. 1573; Nov. 6, 1978, Pub. L. 95–599, §302(d), 92 Stat. 2737; restated Dec. 18, 1991, Pub. L. 102–240, §3008, 105 Stat. 2091. |
5337(b) | 49 App.:1602(h)(5). | |
5337(c) | 49 App.:1602(h)(6). | |
5337(d) | 49 App.:1602(h)(7). | July 9, 1964, Pub. L. 88–365, 78 Stat. 302, §3(h)(7); added Oct. 6, 1992, Pub. L. 102–388, §502(c), 106 Stat. 1566. |
In subsection (a), the words “for expenditure” are omitted for consistency in this chapter. Before clause (1), the reference to fiscal year 1992 is omitted as obsolete.
In subsection (c), the words “Notwithstanding any other provision of law” are omitted as surplus. The word “paragraph” in the source provision is translated as it were “subsection” to reflect the apparent intent of Congress.
In subsection (d)(1), the words “for obligation”, “a period of”, and “the close of” are omitted as surplus.
Pub. L. 103–429This amends 49:5337(a)(4) to correct an erroneous cross-reference.
Amendments2003—Subsec. (e). Pub. L. 108–88 struck out subsec. (e) relating to special rule.
1998—Subsec. (a). Pub. L. 105–178, §3028(c), as added by Pub. L. 105–206, in par. (2)(B), substituted “(e)(1)” for “(e)”, in par. (3)(D), substituted “(2)(B)” for “(2)(B)(ii)” and “(e)(1)” for “(e)”, in par. (4), substituted “(e)(1)” for “(e)”, and in pars. (5) to (7), substituted “(e)(2)” for “(e)” wherever appearing.
Pub. L. 105–178, §3028(a), amended heading and text of subsec. (a) generally, substituting provisions relating to distribution for fiscal years 1998 through 2003 for provisions relating to percentage distribution for fiscal years ending Sept. 30, 1993–1997 and for period of Oct. 1, 1997 through Mar. 31, 1998.
Subsec. (e). Pub. L. 105–178, §3028(b), added subsec. (e) relating to route segments to be included in apportionment formulas.
Subsec. (e)(1). Pub. L. 105–178, §3029(b)(12), which directed substitution of “subsections (b) and (h)(4) of section 5338” for “section 5338(f)”, could not be executed because “section 5338(f)” does not appear in text.
1997—Subsec. (a). Pub. L. 102–240, §3049(b)(1), as added by Pub. L. 105–130, inserted “and for the period of October 1, 1997, through March 31, 1998,” after “1997,” in introductory provisions.
Subsec. (e). Pub. L. 102–240, §3049(b)(2), as added by Pub. L. 105–130, added subsec. (e).
1994—Subsec. (a)(4). Pub. L. 103–429 substituted “section 5336(b)(2)(A) of this title” for “section 5336(B)(2)(A)”.
Effective Date of 1998 AmendmentTitle IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Special Rule for Partial Fiscal Year FundingPub. L. 108–310, §8(b), Sept. 30, 2004, 118 Stat. 1154, provided that: “The Secretary of Transportation shall determine the amount that each urbanized area is to be apportioned for fixed guideway modernization under section 5337 of title 49, United States Code, on a pro rata basis to reflect the partial fiscal year 2005 funding made available by sections 5338(b)(2)(A)(vii) and 5338(b)(2)(B)(vii) of such title.”
Pub. L. 108–88, §8(b)(1), Sept. 30, 2003, 117 Stat. 1121, as amended by Pub. L. 108–202, §9(b), Feb. 29, 2004, 118 Stat. 485; Pub. L. 108–224, §7(b), Apr. 30, 2004, 118 Stat. 633; Pub. L. 108–263, §7(b), June 30, 2004, 118 Stat. 704, which directed the Secretary of Transportation to determine the amount that each urbanized area would be apportioned for fixed guideway modernization under section 5337 of this title on a pro rata basis reflecting partial fiscal year 2004 funding made available under section 5338 of this title, was repealed by Pub. L. 108–280, §7(b), July 30, 2004, 118 Stat. 882.
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