
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC5337]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
                     CHAPTER 53--MASS TRANSPORTATION
 
Sec. 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 $497,700,000 shall be apportioned in the following 
    urbanized areas as follows:
            (A) Baltimore, $8,372,000.
            (B) Boston, $38,948,000.
            (C) Chicago/Northwestern Indiana, $78,169,000.
            (D) Cleveland, $9,509,500.
            (E) New Orleans, $1,730,588.
            (F) New York, $176,034,461.
            (G) Northeastern New Jersey, $50,604,653.
            (H) Philadelphia/Southern New Jersey, $58,924,764.
            (I) Pittsburgh, $13,662,463.
            (J) San Francisco, $33,989,571.
            (K) Southwestern Connecticut, $27,755,000.

        (2) The next $70,000,000 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 $5,700,000 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 $186,600,000 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 $70,000,000 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 $50,000,000 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) Special Rule for October 1, 1997, Through March 31, 1998.--The 
Secretary shall determine the amount that each urbanized area is to be 
apportioned for fixed guideway modernization under this section on a pro 
rata basis to reflect the partial fiscal year 1998 funding made 
available by section 5338(b)(1)(F).\1\
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    \1\ See References in Text note below.
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    (e) \2\ Route Segments To Be Included in Apportionment Formulas.--
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``(f)''.
---------------------------------------------------------------------------
        (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, Sec. 1(d), July 5, 1994, 108 Stat. 844; Pub. L. 103-
429, Sec. 6(14), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 102-240, title 
III, Sec. 3049(b), as added Pub. L. 105-130, Sec. 8, Dec. 1, 1997, 111 
Stat. 2559; Pub. L. 105-178, title III, Secs. 3028, 3029(b)(12), June 9, 
1998, 112 Stat. 366, 373; Pub. L. 105-206, title IX, Sec. 9009(p), July 
22, 1998, 112 Stat. 858.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           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, 
Sec. 3(h)(1)-(6); added Aug. 22,
                                                                          1974,
 Pub. L. 93-503, Sec.  110, 88
                                                                          Stat.
 1573; Nov. 6, 1978, Pub. L. 95-
                                                                          599, 
Sec.  302(d), 92 Stat. 2737;
                                                                          resta
ted Dec. 18, 1991, Pub. L. 102-
                                                                          240, 
Sec.  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, 
Sec. 3(h)(7); added Oct. 6, 1992,
                                                                          Pub. 
L. 102-388, Sec.  502(c), 106
                                                                          Stat.
 1566.
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---------------------------------

    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. 103-429

    This amends 49:5337(a)(4) to correct an erroneous cross-reference.

                       References in Text

    Section 5338(b)(1), referred to in subsec. (e), was amended 
generally by Pub. L. 105-178, title III, Sec. 3029(a), June 9, 1998, 112 
Stat. 368, and, as so amended, no longer contains a subpar. (F).


                               Amendments

    1998--Subsec. (a). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 3028(b), added subsec. (e) 
relating to route segments to be included in apportionment formulas.
    Subsec. (e)(1). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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 Amendment

    Title 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 Amendment

    Amendment 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.

                  Section Referred to in Other Sections

    This section is referred to in section 5333 of this title.
