US Codex
U.S.C.
Notes

§5302. Definitions — Inbound Citations

49 U.S.C. § 5302

Cited by 951 provisions in release 119-102.

Citations to 49 U.S.C. § 5302 as a whole

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Citations to §5302(10)(A)

Citations to §5302(10)(B)(i)

Citations to §5302(11)

Citations to §5302(12)

Citations to §5302(13)

  • 49 U.S.C. § 5307(d)(1)
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    (1) 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.
  • 49 U.S.C. § 5307(d)(2)
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    (2) A grant for operating expenses under this section may not exceed 50 percent of the net project cost of the project.
  • 49 U.S.C. § 5307(d)(3)
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    (3) Subject to paragraph (4), the remainder of the net project costs shall be provided—
    (A) in cash from non-Government sources other than revenues from providing public transportation services;
    (B) from revenues from the sale of advertising and concessions;
    (C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital;
    (D) 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
    (E) from amounts received under a service agreement with a State or local social service agency or private social service organization.
  • 49 U.S.C. § 5307(e)(1)
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    (1) 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—
    (A) the recipient applies for the payment;
    (B) the Secretary approves the payment; and
    (C) 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.
  • 49 U.S.C. § 5311(g)(3)
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    (3) The remainder of net project costs—
    (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 2041 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, 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.
  • 49 U.S.C. § 5323(e)(2)
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    (2) 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.
  • 49 U.S.C. § 5323(i)(1)(A)
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    (A) 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.
  • 49 U.S.C. § 5323(i)(1)(B)
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    (B) 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.
  • 49 U.S.C. § 5324(e)(1)
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    (1) 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.
  • 49 U.S.C. § 5324(e)(2)
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    (2) 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.
  • 49 U.S.C. § 5337(e)(1)
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    (1) 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.
  • 49 U.S.C. § 5337(e)(2)
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    (2) The remainder of the net project cost shall be provided—
    (A) in cash from non-Government sources;
    (B) from revenues derived from the sale of advertising and concessions; or
    (C) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital.
  • 49 U.S.C. § 5339(a)(7)(B)
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    (B) The remainder of the net project cost shall be provided—
    (i) in cash from non-Government sources other than revenues from providing public transportation services;
    (ii) from revenues derived from the sale of advertising and concessions;
    (iii) from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital;
    (iv) from amounts received under a service agreement with a State or local social service agency or private social service organization; or
    (v) from revenues generated from value capture financing mechanisms.

Citations to §5302(14)

  • 49 U.S.C. § 5312(h)(2)(F)
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    (F) 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.
  • 49 U.S.C. § 5318(a)
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    (a) 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.
  • 49 U.S.C. § 5318(e)(1)
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    (1) Amounts appropriated or otherwise made available under this chapter may be obligated or expended to acquire a new bus model only if—
    (A) a bus of that model has been tested at a facility authorized under subsection (a); and
    (B) the bus tested under subparagraph (A) met—
    (i) performance standards for maintainability, reliability, performance (including braking performance), structural integrity, fuel economy, emissions, and noise, as established by the Secretary by rule; and
    (ii) the minimum safety performance standards established by the Secretary pursuant to section 5329(b).
  • 49 U.S.C. § 5318(e)(2)
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    (2) 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 paragraph1 (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.
  • 49 U.S.C. § 5318(f)
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    (f) 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.

Citations to §5302(15)

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  • 49 U.S.C. § 5303(a)(2)
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    (2) 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).
  • 49 U.S.C. § 5303(d)(4)(B)
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    (B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.
  • 49 U.S.C. § 5303(i)(2)(E)(iii)
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    (iii) 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.
  • 49 U.S.C. § 5303(i)(2)(H)
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    (H) 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.
  • 49 U.S.C. § 5303(i)(6)(A)
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    (A) 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.
  • 49 U.S.C. § 5303(j)(7)(B)(i)
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    (i) 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.
  • 49 U.S.C. § 5303(k)(3)(A)
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    (A) 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.
  • 49 U.S.C. § 5304(f)(3)(A)(ii)
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    (ii) 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.
  • 49 U.S.C. § 5304(g)(5)(B)(i)
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    (i) 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.
  • 49 U.S.C. § 5307(c)(1)(C)
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    (C) will maintain equipment and facilities in accordance with the recipient’s transit asset management plan;
  • 49 U.S.C. § 5309(a)(3)
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    (3) 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.
  • 49 U.S.C. § 5309(a)(4)
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    (4) The term “fixed guideway bus rapid transit project” means a bus capital project—
    (A) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods;
    (B) that represents a substantial investment in a single route in a defined corridor or subarea; and
    (C) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—
    (i) defined stations;
    (ii) traffic signal priority for public transportation vehicles;
    (iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and
    (iv) 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.
  • 49 U.S.C. § 5309(a)(5)(B)
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    (B) a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system.
  • 49 U.S.C. § 5309(a)(6)
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    (6) The term “small start project” means a new fixed guideway capital project or corridor-based bus rapid transit project for which—
    (A) the Federal assistance provided or to be provided under this section is less than $150,000,000; and
    (B) the total estimated net capital cost is less than $400,000,000.
  • 49 U.S.C. § 5309(l)(8)
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    (8) For up to three fixed-guideway bus rapid transit projects each fiscal year the Secretary shall—
    (A) establish a Government share of at least 80 percent; and
    (B) 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.
  • 49 U.S.C. § 5309(r)(1)(F)
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    (F) Project length and number of stops, including length of exclusive bus rapid transit lanes, if applicable.
  • 49 U.S.C. § 5310(e)(2)(A)(i)
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    (i) the projects selected by the recipient are included in a locally developed, coordinated public transit-human services transportation plan;
  • 49 U.S.C. § 5310(i)(5)
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    (5) transit cooperative research program reports.
  • 49 U.S.C. § 5311(a)(1)
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    (1) The term “recipient” means a State or Indian tribe that receives a Federal transit program grant directly from the Government.
  • 49 U.S.C. § 5311(a)(2)
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    (2) 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.
  • 49 U.S.C. § 5311(c)(3)(D)(ii)
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    (ii) the eligible recipient, in approving the use of amounts under this subparagraph, determines that the local transit needs are being addressed.
  • 49 U.S.C. § 5311(c)(4)(C)(iii)
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    (iii) 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.
  • 49 U.S.C. § 5311(j)(1)(E)
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    (E) 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.
  • 49 U.S.C. § 5314(a)(2)(D)
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    (D) 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;
  • 49 U.S.C. § 5314(c)(1)
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    (1) 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.
  • 49 U.S.C. § 5314(c)(2)(A)
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    (A) 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.
  • 49 U.S.C. § 5315(b)(1)
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    (1) 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
  • 49 U.S.C. § 5315(b)(2)
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    (2) educate recipients of Federal transit grant assistance on laws and regulations under this chapter that impact private providers of public transportation.
  • 49 U.S.C. § 5318(e)(2)
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    (2) 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 paragraph1 (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.
  • 49 U.S.C. § 5323(d)(2)(C)
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    (C) 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.
  • 49 U.S.C. § 5323(f)(2)
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    (2) 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.
  • 49 U.S.C. § 5323(t)
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    (t) 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—
    (1) the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for such fiscal year; and
    (2) 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.
  • 49 U.S.C. § 5323(t)(1)
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    (1) the transit agency shall be precluded from receiving its allocation of urbanized area formula grant funds for such fiscal year; and
  • 49 U.S.C. § 5323(u)(5)(C)
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    (C) Subparagraph (B) shall not apply to the award of a contract or subcontract made by the Washington Metropolitan Area Transit Authority.
  • 49 U.S.C. § 5326(a)(2)
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    (2) The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that—
    (A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and
    (B) the recipient certifies complies with the rule issued under this section.
  • 49 U.S.C. § 5326(a)(3)
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    (3) 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.
  • 49 U.S.C. § 5326(b)
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    (b) The Secretary shall establish and implement a national transit asset management system, which shall include—
    (1) 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;
    (2) a requirement that recipients and subrecipients of Federal financial assistance under this chapter develop a transit asset management plan;
    (3) 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;
    (4) an analytical process or decision support tool for use by public transportation systems that—
    (A) allows for the estimation of capital investment needs of such systems over time; and
    (B) assists with asset investment prioritization by such systems; and
    (5) technical assistance to recipients of Federal financial assistance under this chapter.
  • 49 U.S.C. § 5326(b)(2)
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    (2) a requirement that recipients and subrecipients of Federal financial assistance under this chapter develop a transit asset management plan;
  • 49 U.S.C. § 5326(d)
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    (d) 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).
  • 49 U.S.C. § 5329(d)(1)(I)
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    (I) 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—
    (i) 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
    (ii) 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.
  • 49 U.S.C. § 5329(d)(1)(I)(ii)
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    (ii) 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.
  • 49 U.S.C. § 5329(d)(4)(A)
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    (A) 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.
  • 49 U.S.C. § 5329(e)(4)(A)(vii)(I)
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    (I) the Federal Transit Administration;
  • 49 U.S.C. § 5331(g)(2)
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    (2) 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.
  • 49 U.S.C. § 5333(b)(5)
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    (5) 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.
  • 49 U.S.C. § 5334(a)(10)
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    (10) 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
  • 49 U.S.C. § 5334(c)(1)
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    (1) 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.
  • 49 U.S.C. § 5334(h)(1)(B)
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    (B) 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—
    (i) the asset is a necessary component of a proposed transit-oriented development project;
    (ii) the transit-oriented development project will increase transit ridership;
    (iii) 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 percent1 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;
    (iv) the asset will remain in use as described in this section for at least 30 years after the date the asset is transferred; and
    (v) with respect to a transfer to a third party entity—
    (I) a local government authority or nonprofit organization is unable to receive the property;
    (II) 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
    (III) the third party has demonstrated a satisfactory history of construction or operating an affordable housing development.
  • 49 U.S.C. § 5334(h)(1)(B)(i)
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    (i) the asset is a necessary component of a proposed transit-oriented development project;
  • 49 U.S.C. § 5334(h)(1)(B)(ii)
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    (ii) the transit-oriented development project will increase transit ridership;
  • 49 U.S.C. § 5334(h)(1)(B)(iii)
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    (iii) 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 percent1 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;
  • 49 U.S.C. § 5334(h)(4)(B)(i)
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    (i) With respect to rolling stock and equipment with a unit fair market value of $5,000 or less per unit and unused supplies with a total aggregate fair market value of $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.
  • 49 U.S.C. § 5334(h)(4)(B)(ii)(II)(bb)
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    (bb) any amounts remaining after application of item (aa) shall be returned to the Federal Transit Administration.
  • 49 U.S.C. § 5334(h)(4)(B)(iii)
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    (iii) 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.
  • 49 U.S.C. § 5334(k)(1)
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    (1) 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.
  • 49 U.S.C. § 5334(k)(2)
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    (2) 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.
  • 49 U.S.C. § 5335(c)
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    (c) Each recipient of a grant under this chapter shall report to the Secretary, for inclusion in the national transit database under this section—
    (1) any information relating to a transit asset inventory or condition assessment conducted by the recipient;
    (2) any data on assaults on transit workers of the recipients; and
    (3) any data on fatalities that result from an impact with a bus.
  • 49 U.S.C. § 5335(c)(1)
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    (1) any information relating to a transit asset inventory or condition assessment conducted by the recipient;
  • 49 U.S.C. § 5335(c)(2)
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    (2) any data on assaults on transit workers of the recipients; and
  • 49 U.S.C. § 5336(i)(2)(B)
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    (B) 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.
  • 49 U.S.C. § 5337(a)(4)
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    (4) The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that—
    (A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and
    (B) the recipient certifies that the recipient complies with the rule issued under section 5326(d).
  • 49 U.S.C. § 5337(b)(1)(J)
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    (J) development and implementation of a transit asset management plan; and
  • 49 U.S.C. § 5337(b)(2)
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    (2) 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.
  • 49 U.S.C. § 5337(f)(4)(D)
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    (D) 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).
  • 49 U.S.C. § 5338(a)(1)
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    (1) 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)—
    (A) $13,355,000,000 for fiscal year 2022;
    (B) $13,634,000,000 for fiscal year 2023;
    (C) $13,990,000,000 for fiscal year 2024;
    (D) $14,279,000,000 for fiscal year 2025; and
    (E) $14,642,000,000 for fiscal year 2026.
  • 49 U.S.C. § 5338(a)(2)(H)
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    (H) $11,841,465 for fiscal year 2022, $12,088,846 for fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748 for fiscal year 2025, and $12,982,608 for fiscal year 2026 shall be available to carry out section 5314, of which $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year 2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal year 2026 shall be available for the national transit institute under section 5314(c);
  • 49 U.S.C. § 5338(d)(1)
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    (1) 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.
  • 49 U.S.C. § 5339(a)(9)(B)
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    (B) 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.
  • 49 U.S.C. § 5339(a)(9)(E)
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    (E) 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.
  • 49 U.S.C. § 5339(b)(10)(A)
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    (A) 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).
  • 49 U.S.C. § 5339(c)(8)(A)
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    (A) 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.
  • 49 U.S.C. § 5507(b)(1)
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    (1) to increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck and bus drivers, engineers, transit workers, railroad workers, and other transportation professionals; and
  • 49 U.S.C. § 5563(a)(1)(B)
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    (B) mass transit (rail or rubber tire); and
  • 49 U.S.C. § 5901(2)
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    (2) “beneficial owner” means a person not having title to property but having ownership rights in the property, including a trustee of property in transit from an overseas place of origin that is domiciled or doing business in the United States, except that a carrier, agent of a carrier, broker, customs broker, freight forwarder, warehouser, or terminal operator is not a beneficial owner only because of providing or arranging for any part of the intermodal transportation of property.
  • 49 U.S.C. § 6308
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    Notwithstanding section 3302 of title 31, amounts received by the Bureau from the sale of data products for necessary expenses incurred may be credited to the Highway Trust Fund (other than the Mass Transit Account) for the purpose of reimbursing the Bureau for those expenses.
  • 49 U.S.C. § 6503(d)(2)
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    (2) includes and integrates the research and development programs of all of the modal administrations of the Department of Transportation, including aviation, transit, rail, and maritime and joint programs;
  • 49 U.S.C. § 6701(m)(4)
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    (4) The Secretary may transfer any portion of the amounts reserved under paragraph (3) for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants in accordance with this section.
  • 49 U.S.C. § 6701(n)(2)(B)
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    (B) the requirements of chapter 53 to a transit project; and
  • 49 U.S.C. § 6702(a)(2)(H)
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    (H) a transit agency; and
  • 49 U.S.C. § 6702(h)
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    (h) Of the amounts made available to carry out the program for each fiscal year, the Secretary may transfer not more than 2 percent for a fiscal year to the Administrator of any of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, or the Maritime Administration to award and oversee grants and credit assistance in accordance with this section.

Citations to §5302(23)

  • 49 U.S.C. § 5306(a)
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    (a) 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.
  • 49 U.S.C. § 5323(d)(1)
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    (1) 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.

Citations to §5302(24)

Citations to §5302(25)