460
‘‘(A) Studies related to management, plan-
ning, operations, capital requirements, and eco-
nomic feasibility. 
‘‘(B) 
Evaluating 
previously 
financed 
projects. 
‘‘(C) Peer reviews and exchanges of tech-
nical data, information, assistance, and related 
activities in support of planning and environ-
mental analyses among metropolitan planning 
organizations and other transportation planners. 
‘‘(D) Other similar and related activities 
preliminary to and in preparation for con-
structing, acquiring, or improving the operation 
of facilities and equipment. 
‘‘(c) PURPOSE.—To the extent practicable, the Sec-
retary shall ensure that amounts appropriated or made 
available under section 5338 to carry out this section and 
sections 5303 and 5304 are used to support balanced and 
comprehensive transportation planning that considers the 
relationships among land use and all transportation modes, 
without regard to the programmatic source of the planning 
amounts. 
‘‘(d) METROPOLITAN PLANNING PROGRAM.—
‘‘(1) APPORTIONMENT TO STATES.—
461
‘‘(A) IN GENERAL.—The Secretary shall ap-
portion 80 percent of the amounts made avail-
able under subsection (g)(1) among the States to 
carry out sections 5303 and 5306 in the ratio 
that—
‘‘(i) the population of urbanized areas 
in each State, as shown by the latest avail-
able decennial census of population; bears to 
‘‘(ii) the total population of urbanized 
areas in all States, as shown by that census. 
‘‘(B) MINIMUM APPORTIONMENT.—Notwith-
standing subparagraph (A), a State may not re-
ceive less than 0.5 percent of the amount appor-
tioned under this paragraph. 
‘‘(2) ALLOCATION TO MPO’S.—Amounts appor-
tioned to a State under paragraph (1) shall be made 
available within 30 days after allocation to metro-
politan planning organizations in the State des-
ignated under this section under a formula that—
‘‘(A) considers population of urbanized 
areas; 
‘‘(B) provides an appropriate distribution 
for urbanized areas to carry out the cooperative 
processes described in this section;
462
‘‘(C) the State develops in cooperation with 
the metropolitan planning organizations; and 
‘‘(D) the Secretary approves. 
‘‘(3) SUPPLEMENTAL AMOUNTS.—
‘‘(A) IN GENERAL.—The Secretary shall ap-
portion 20 percent of the amounts made avail-
able under subsection (g)(1) among the States to 
supplement allocations made under paragraph 
(1) for metropolitan planning organizations. 
‘‘(B) FORMULA.—The Secretary shall ap-
portion amounts referred to in subparagraph (A) 
under a formula that reflects the additional cost 
of carrying out planning, programming, and 
project selection responsibilities under sections 
5303 and 5306 in certain urbanized areas. 
‘‘(e) STATE PLANNING AND RESEARCH PROGRAM.—
‘‘(1) APPORTIONMENT TO STATES.—
‘‘(A) IN GENERAL.—The Secretary shall ap-
portion the amounts made available under sub-
section (g)(2) among the States for grants and 
contracts to carry out sections 5303 through 
5306, 5312, 5315, and 5322 in the ratio that—
‘‘(i) the population of urbanized areas 
in each State, as shown by the latest avail-
able decennial census; bears to
463
‘‘(ii) the population of urbanized areas 
in all States, as shown by that census. 
‘‘(B) MINIMUM APPORTIONMENT.—Notwith-
standing subparagraph (A), a State may not re-
ceive less than 0.5 percent of the amount appor-
tioned under this paragraph. 
‘‘(2) SUPPLEMENTAL AMOUNTS.—A State, as the 
State considers appropriate, may authorize part of 
the amount made available under this subsection to be 
used to supplement amounts made available under 
subsection (d). 
‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The Govern-
ment’s share of the cost of an activity funded using amounts 
made available under this section may not exceed 80 per-
cent of the cost of the activity unless the Secretary deter-
mines that it is in the interests of the Government not to 
require a State or local match. 
‘‘(g) ALLOCATION
OF FUNDS.—Of the funds made 
available by or appropriated to carry out this section under 
section 5338(c) for fiscal years 2004 through 2009—
‘‘(1) 82.72 percent shall be available for the met-
ropolitan planning program under subsection (d); 
and 
‘‘(2) 17.28 percent shall be available to carry out 
subsection (e).
464
‘‘(h) AVAILABILITY OF FUNDS.—Funds apportioned 
under this section in a State shall remain available for obli-
gation in that State for a period of 3 years after the last 
day of the fiscal year for which the funds are authorized. 
Any amounts so apportioned that remain unobligated at 
the end of that period shall be reapportioned among the 
States.’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to sec-
tion 5305 and inserting the following:
‘‘5305. Planning programs.’’.
SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION. 
(a) SECTION HEADING.—Section 5306 is amended by 
striking the section heading and inserting the following: 
‘‘§ 5306. Private enterprise participation in planning; 
relationship to other limitations’’. 
(b) CONFORMING
AMENDMENT.—The analysis for 
chapter 53 is amended by striking the item relating to sec-
tion 5306 and inserting the following:
‘‘5306. Private enterprise participation in planning; relationship to other limita-
tions.’’.
SEC. 3008. URBANIZED AREA FORMULA GRANTS. 
(a) TECHNICAL
AMENDMENTS.—Section 5307 is 
amended—
(1) by striking subsections (h) and (k); and
465
(2) by redesignating subsections (i), (j), (l), (m), 
and (n) as subsections (h), (i), (j), (k), and (l), respec-
tively. 
(b) DEFINITIONS.—Section 5307(a)(2)(A) is amend-
ed—
(1) by striking ‘‘a person’’ and inserting ‘‘an en-
tity’’; and 
(2) by striking ‘‘section 5305(a) of this title’’ and 
inserting ‘‘chapter 52’’. 
(c) GENERAL AUTHORITY.—Section 5307(b) is amend-
ed—
(1) by striking paragraph (1) and inserting the 
following: 
‘‘(1) GRANTS.—The Secretary may make grants 
under this section for—
‘‘(A) capital projects and associated capital 
maintenance items; 
‘‘(B) planning; 
‘‘(C) transit enhancements; and 
‘‘(D) operating costs of equipment and fa-
cilities for use in public transportation in an ur-
banized area with a population of less than 
200,000.’’; 
(2) in the heading to paragraph (2) by striking 
‘‘FISCAL YEARS 2003 AND 2004 AND FOR THE PERIOD