---
kind: "section"
citation: "49 U.S.C. § 5340"
title: "49"
title_heading: "Transportation"
number: "5340"
heading: "Apportionments based on growing States and high density States formula factors"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/5340"
units:
  - "Subtitle III — General and Intermodal Programs"
  - "Chapter 53 — Public Transportation"
---

# §5340. Apportionments based on growing States and high density States formula factors

- (a) **Definition.—** In this section, the term “[State](/usc/49/5102.md?p=12)” shall mean each of the 50 [States](/usc/49/5102.md?p=12) of the [United States](/usc/49/5102.md?p=14).
- (b) **Allocation.—** The [Secretary](/usc/49/5102.md?p=11) shall apportion the amounts made available under [section 5338(b)(2)(N)](/usc/49/5338.md)[^1] in accordance with [subsection (c)](#c) and [subsection (d)](#d).
- (c) **Growing State Apportionments.—**
  - (1) **Apportionment among states.—** The amounts apportioned under subsection (b)(1) shall provide each [State](/usc/49/5102.md?p=12) with an amount equal to the total amount apportioned multiplied by a ratio equal to the population of that [State](/usc/49/5102.md?p=12) forecast for the year that is 15 years after the most recent decennial census, divided by the total population of all [States](/usc/49/5102.md?p=12) forecast for the year that is 15 years after the most recent decennial census. Such forecast shall be based on the population trend for each [State](/usc/49/5102.md?p=12) between the most recent decennial census and the most recent estimate of population made by the [Secretary](/usc/49/5102.md?p=11) of [Commerce](/usc/49/5102.md?p=1).
  - (2) **Apportionments between urbanized areas and other than urbanized areas in each state.—**
    - (A) **In general.—** The [Secretary](/usc/49/5102.md?p=11) shall apportion amounts to each [State](/usc/49/5102.md?p=12) under [paragraph (1)](#c-1) so that [urbanized areas](/usc/49/5302.md?p=24) in that [State](/usc/49/5102.md?p=12) receive an amount equal to the amount apportioned to that [State](/usc/49/5102.md?p=12) multiplied by a ratio equal to the sum of the forecast population of all [urbanized areas](/usc/49/5302.md?p=24) in that [State](/usc/49/5102.md?p=12) divided by the total forecast population of that [State](/usc/49/5102.md?p=12). In making the apportionment under this subparagraph, the [Secretary](/usc/49/5102.md?p=11) shall utilize any available forecasts made by the [State](/usc/49/5102.md?p=12). If no forecasts are available, the [Secretary](/usc/49/5102.md?p=11) shall utilize data on [urbanized areas](/usc/49/5302.md?p=24) and total population from the most recent decennial census.
    - (B) **Remaining amounts.—** Amounts remaining for each [State](/usc/49/5102.md?p=12) after apportionment under [subparagraph (A)](#c-2-A) shall be apportioned to that [State](/usc/49/5102.md?p=12) and added to the amount made available for grants under section 5311.
  - (3) **Apportionments among urbanized areas in each state.—** The [Secretary](/usc/49/5102.md?p=11) shall apportion amounts made available to [urbanized areas](/usc/49/5302.md?p=24) in each [State](/usc/49/5102.md?p=12) under [paragraph (2)(A)](#c-2-A) so that each [urbanized area](/usc/49/5302.md?p=24) receives an amount equal to the amount apportioned under [paragraph (2)(A)](#c-2-A) multiplied by a ratio equal to the population of each [urbanized area](/usc/49/5302.md?p=24) divided by the sum of populations of all [urbanized areas](/usc/49/5302.md?p=24) in the [State](/usc/49/5102.md?p=12). Amounts apportioned to each [urbanized area](/usc/49/5302.md?p=24) shall be added to amounts apportioned to that [urbanized area](/usc/49/5302.md?p=24) under [section 5336](/usc/49/5336.md), and made available for grants under section 5307.
- (d) **High Density State Apportionments.—** Amounts to be apportioned under subsection (b)(2) shall be apportioned as follows:
  - (1) **Eligible states.—** The [Secretary](/usc/49/5102.md?p=11) shall designate as eligible for an apportionment under this subsection all [States](/usc/49/5102.md?p=12) with a population density in excess of 370 persons per square mile.
  - (2) **State urbanized land factor.—** For each [State](/usc/49/5102.md?p=12) qualifying for an apportionment under [paragraph (1)](#d-1), the [Secretary](/usc/49/5102.md?p=11) shall calculate an amount equal to—
    - (A) the total land area of the [State](/usc/49/5102.md?p=12) (in square miles); multiplied by
    - (B) 370; multiplied by
    - (C)
      - (i) the population of the [State](/usc/49/5102.md?p=12) in [urbanized areas](/usc/49/5302.md?p=24); divided by
      - (ii) the total population of the [State](/usc/49/5102.md?p=12).
  - (3) **State apportionment factor.—** For each [State](/usc/49/5102.md?p=12) qualifying for an apportionment under [paragraph (1)](#d-1), the [Secretary](/usc/49/5102.md?p=11) shall calculate an amount equal to the difference between the total population of the [State](/usc/49/5102.md?p=12) less the amount calculated in [paragraph (2)](#d-2).
  - (4) **State apportionment.—** Each [State](/usc/49/5102.md?p=12) qualifying for an apportionment under [paragraph (1)](#d-1) shall receive an amount equal to the amount to be apportioned under this subsection multiplied by the amount calculated for the [State](/usc/49/5102.md?p=12) under [paragraph (3)](#d-3) divided by the sum of the amounts calculated under [paragraph (3)](#d-3) for all [States](/usc/49/5102.md?p=12) qualifying for an apportionment under [paragraph (1)](#d-1).
  - (5) **Apportionments among urbanized areas in each state.—** The [Secretary](/usc/49/5102.md?p=11) shall apportion amounts made available to each [State](/usc/49/5102.md?p=12) under [paragraph (4)](#d-4) so that each [urbanized area](/usc/49/5302.md?p=24) receives an amount equal to the amount apportioned under [paragraph (4)](#d-4) multiplied by a ratio equal to the population of each [urbanized area](/usc/49/5302.md?p=24) divided by the sum of populations of all [urbanized areas](/usc/49/5302.md?p=24) in the [State](/usc/49/5102.md?p=12). Amounts apportioned to each [urbanized area](/usc/49/5302.md?p=24) shall be added to amounts apportioned to that [urbanized area](/usc/49/5302.md?p=24) under [section 5336](/usc/49/5336.md), and made available for grants under section 5307.

## Footnotes

[^1]: So in original. Probably should have been “section 5338(a)(2)(N)” in original. See References in Text note below.

## Source credit

(Added Pub. L. 109–59, title III, § 3038(a), Aug. 10, 2005, 119 Stat. 1636; amended Pub. L. 114–94, div. A, title III, § 3030(f), Dec. 4, 2015, 129 Stat. 1497.)

## Notes

### Editorial Notes

### References in Text

Section 5338, referred to in subsec. (b), was amended generally by Pub. L. 117–58, div. C, § 30017, Nov. 15, 2021, 135 Stat. 912. As amended, section 5338(a)(2)(N), which was probably intended instead of the reference in the original to “section 5338(b)(2)(N)”, no longer relates to allocations of funds to carry out this section, but such provision can be found elsewhere in section 5338.

### Amendments

2015—Subsec. (b). Pub. L. 114–94 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “Of the amounts made available for each fiscal year under section 5338(b)(2)(M), the Secretary shall apportion—

“(1) 50 percent to States and urbanized areas in accordance with subsection (c); and

“(2) 50 percent to States and urbanized areas in accordance with subsection (d).”

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

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.