†
982
HR 3 PP
paragraph (3) for all States qualifying for an appor-
tionment under paragraph (1).
‘‘(5) APPORTIONMENTS
BETWEEN
URBANIZED
AREAS AND OTHER THAN URBANIZED AREAS IN EACH
STATE.—
‘‘(A) IN GENERAL.—The Secretary shall ap-
portion amounts apportioned to each State
under paragraph (4) so that urbanized areas in
that State receive an amount equal to the
amount apportioned to that State multiplied by
a ratio equal to the sum of the population of all
urbanized areas in that State divided by the
total population of that State.
‘‘(B) REMAINING
AMOUNTS.—Amounts re-
maining for each State after apportionment
under subparagraph (a) shall be apportioned to
that State and added to the amount made avail-
able for grants under section 5311.
‘‘(6) 
APPORTIONMENTS
AMONG
URBANIZED
AREAS IN EACH STATE.—The Secretary shall appor-
tion amounts made available to urbanized areas in
each State under paragraph (5)(A) so that each ur-
banized area receives an amount equal to the amount
apportioned under paragraph (5)(A) multiplied by a
ratio equal to the population of each urbanized area
†
983
HR 3 PP
divided by the sum of populations of all urbanized
areas in the State. Amounts apportioned to each ur-
banized area shall be added to amounts apportioned
to that urbanized area under section 5336, and made
available for grants under section 5307.’’.
(b) CONFORMING AMENDMENT.—The table of sections
for chapter 53 is amended by adding at the end the fol-
lowing:
‘‘5340. Apportionments based on growing States and high density States formula
factors.’’.
SEC. 6038. JOB ACCESS AND REVERSE COMMUTE GRANTS.
Section 3037 of the Federal Transit Act of 1998 (49
U.S.C. 5309 note) is amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) by striking ‘‘means an individual’’
and inserting the following: ‘‘means—
‘‘(A) an individual’’; and
(ii) by striking the period at the end
and inserting ‘‘; or
‘‘(B) an individual who is eligible for as-
sistance under the State program of Temporary
Assistance to Needy Families funded under part
A of title IV of the Social Security Act (42
U.S.C. 601 et. seq.) in the State in which the re-
†
984
HR 3 PP
cipient of a grant under this section is located.’’;
and
(B) in paragraph (2), by striking ‘‘develop-
ment of’’ each place it appears and inserting
‘‘development and provision of’’;
(2) in subsection (i), by amending paragraph (2)
to read as follows:
‘‘(2) COORDINATION.—
‘‘(A) IN GENERAL.—The Secretary shall co-
ordinate activities under this section with related
activities under programs of other Federal de-
partments and agencies.
‘‘(B) CERTIFICATION.—A recipient of funds
under this section shall certify that—
‘‘(i) the project has been derived from
a locally developed, coordinated public tran-
sit human services transportation plan; and
‘‘(ii) the plan was developed through a
process that included representatives of pub-
lic, private, and nonprofit transportation
and human services providers and partici-
pation by the public.’’;
(3) by amending subsection (j) to read as follows:
‘‘(j) GRANT REQUIREMENTS.—
‘‘(1) IN GENERAL.—
†
985
HR 3 PP
‘‘(A) URBANIZED AREAS.—A grant awarded
under this section to a public agency or private
company engaged in public transportation in an
urbanized area shall be subject to the all of the
terms and conditions to which a grant awarded
under section 5307 of title 49, United States
Code, is subject, to the extent the Secretary con-
siders appropriate.
‘‘(B) OTHER THAN URBANIZED AREAS.—A
grant awarded under this section to a public
agency or a private company engaged in public
transportation in an area other than urbanized
areas shall be subject to all of the terms and con-
ditions to which a grant awarded under section
5311 of title 49, United States Code, is subject,
to the extent the Secretary considers appropriate.
‘‘(C) NONPROFIT ORGANIZATIONS.—A grant
awarded under this section to a private non-
profit organization shall be subject to all of the
terms and conditions to which a grant made
under section 5310 of title 49, United States
Code, is subject, to the extent the Secretary con-
siders appropriate.
‘‘(2) SPECIAL WARRANTY.—
†
986
HR 3 PP
‘‘(A) IN GENERAL.—Section 5333(b) of title
49, United States Code, shall apply to grants
under this section if the Secretary of Labor uti-
lizes a Special Warranty that provides a fair
and equitable arrangement to protect the inter-
ests of employees.
‘‘(B) WAIVER.—The Secretary may waive
the applicability of the Special Warranty under
subparagraph (A) for private non-profit recipi-
ents on a case-by-case basis as the Secretary con-
siders appropriate.’’; and
(4) by striking subsections (k) and (l).
SEC. 6039. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.
(a) SECTION HEADING.—The section heading for sec-
tion 3038 of the Federal Transit Act of 1998 (49 U.S.C.
5310 note), is amended to read as follows:
‘‘SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PRO-
GRAM.’’.
(b) FUNDING.—Section 3038(g) of the Federal Transit
Act of 1998 (49 U.S.C. 5310 note) is amended to read as
follows:
‘‘(g) FUNDING.—Of the amounts made available for
each fiscal year under subsections (a)(1)(C)(iii) and
(b)(2)(E) of section 5338 of title 49, United States Code—
†
987
HR 3 PP
‘‘(1) 75 percent shall be available, and shall re-
main available until expended, for operators of over-
the-road buses, used substantially or exclusively in
intercity, fixed-route over-the-road bus service, to fi-
nance the incremental capital and training costs of
the Department of Transportation’s final rule regard-
ing accessibility of over-the-road buses; and
‘‘(2) 25 percent shall be available, and shall re-
main available until expended, for operators of over-
the-road bus service not described in paragraph (1),
to finance the incremental capital and training costs
of the Department of Transportation’s final rule re-
garding accessibility of over-the-road buses.’’.
(b) CONFORMING AMENDMENT.—The item relating to
section 3038 in the table of contents for the Transportation
Equity Act for the 21st Century (Public Law 105–178) is
amended to read as follows:
‘‘Sec. 3038. Over-the-road bus accessibility program.’’.
SEC. 6040. ALTERNATIVE TRANSPORTATION IN PARKS AND
PUBLIC LANDS.
(a) IN GENERAL.—Chapter 53 is amended by insert-
ing after section 5315 the following:
‘‘§ 5316. Alternative transportation in parks and pub-
lic lands
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORIZATION.—
†
988
HR 3 PP
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Secretary of the Interior, may
award a grant or enter into a contract, coopera-
tive 
agreement, 
interagency 
agreement,
intraagency agreement, or other transaction to
carry out a qualified project under this section
to enhance the protection of America’s National
Parks and public lands and increase the enjoy-
ment of those visiting the parks and public lands
by ensuring access to all, including persons with
disabilities, improving conservation and park
and public land opportunities in urban areas
through partnering with state and local govern-
ments, and improving park and public land
transportation infrastructure.
‘‘(B) CONSULTATION
WITH
OTHER
AGEN-
CIES.—To the extent that projects are proposed
or funded in eligible areas that are not within
the jurisdiction of the Department of the Inte-
rior, the Secretary of the Interior shall consult
with the heads of the relevant Federal land man-
agement agencies in carrying out the responsibil-
ities under this section.
‘‘(2) USE
OF
FUNDS.—A grant, cooperative
agreement, interagency agreement, intraagency agree-
†
989
HR 3 PP
ment, or other transaction for a qualified project
under this section shall be available to finance the
leasing of equipment and facilities for use in public
transportation, subject to any regulation that the Sec-
retary may prescribe limiting the grant or agreement
to leasing arrangements that are more cost-effective
than purchase or construction.
‘‘(b) DEFINITIONS.—In this section, the following defi-
nitions shall apply:
‘‘(1) ELIGIBLE AREA.—The term ‘eligible area’
means any federally owned or managed park, refuge,
or recreational area that is open to the general public,
including—
‘‘(A) a unit of the National Park System;
‘‘(B) a unit of the National Wildlife Refuge
System;
‘‘(C) a recreational area managed by the
Bureau of Land Management; and
‘‘(D) a recreation area managed by the Bu-
reau of Reclamation.
‘‘(2) FEDERAL
LAND
MANAGEMENT
AGENCY.—
The term ‘Federal land management agency’ means a
Federal agency that manages an eligible area.
‘‘(3) ALTERNATIVE TRANSPORTATION.—The term
‘alternative transportation’ means transportation by
†
990
HR 3 PP
bus, rail, or any other publicly or privately owned
conveyance that provides to the public general or spe-
cial service on a regular basis, including sightseeing
service.
‘‘(4) QUALIFIED PARTICIPANT.—The term ‘quali-
fied participant’ means—
‘‘(A) a Federal land management agency; or
‘‘(B) a State, tribal, or local governmental
authority with jurisdiction over land in the vi-
cinity of an eligible area acting with the consent
of the Federal land management agency, alone or
in partnership with a Federal land management
agency or other Governmental or nongovern-
mental participant.
‘‘(5) QUALIFIED PROJECT.—The term ‘qualified
project’ means a planning or capital project in or in
the vicinity of an eligible area that—
‘‘(A) is an activity described in section
5302, 5303, 5304, 5308, or 5309(a)(1)(A);
‘‘(B) involves—
‘‘(i) the purchase of rolling stock that
incorporates clean fuel technology or the re-
placement of buses of a type in use on the
date of enactment of this section with clean
fuel vehicles; or
†
991
HR 3 PP
‘‘(ii) the deployment of alternative
transportation vehicles that introduce inno-
vative technologies or methods;
‘‘(C) relates to the capital costs of coordi-
nating the Federal land management agency
public transportation systems with other public
transportation systems;
‘‘(D) provides a nonmotorized transpor-
tation system (including the provision of facili-
ties for pedestrians, bicycles, and nonmotorized
watercraft);
‘‘(E) provides waterborne access within or
in the vicinity of an eligible area, as appropriate
to and consistent with this section; or
‘‘(F) is any other alternative transportation
project that—
‘‘(i) enhances the environment;
‘‘(ii) prevents or mitigates an adverse
impact on a natural resource;
‘‘(iii) improves Federal land manage-
ment agency resource management;
‘‘(iv) improves visitor mobility and ac-
cessibility and the visitor experience;
†
992
HR 3 PP
‘‘(v) reduces congestion and pollution
(including noise pollution and visual pollu-
tion); or
‘‘(vi) conserves a natural, historical, or
cultural resource (excluding rehabilitation
or restoration of a non-transportation facil-
ity).
‘‘(c) FEDERAL
AGENCY
COOPERATIVE
ARRANGE-
MENTS.—The Secretary shall develop cooperative arrange-
ments with the Secretary of the Interior that provide for—
‘‘(1) technical assistance in alternative transpor-
tation;
‘‘(2) interagency and multidisciplinary teams to
develop Federal land management agency alternative
transportation policy, procedures, and coordination;
and
‘‘(3) the development of procedures and criteria
relating to the planning, selection, and funding of
qualified projects and the implementation and over-
sight of the program of projects in accordance with
this section.
‘‘(d) LIMITATION ON USE OF AVAILABLE AMOUNTS.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of the Interior, may use not
more than 10 percent of the amount made available
†
993
HR 3 PP
for a fiscal year under section 5338(b)(2)(H) to carry
out planning, research, and technical assistance
under this section, including the development of tech-
nology appropriate for use in a qualified project.
‘‘(2) ADDITIONAL
AMOUNTS.—Amounts made
available under this subsection are in addition to
amounts otherwise available to the Secretary to carry
out planning, research, and technical assistance
under this title or any other provision of law.
‘‘(3) MAXIMUM
AMOUNT.—No qualified project
shall receive more than 12 percent of the total amount
made available to carry out this section under section
5338(b)(2)(H) for any fiscal year.
‘‘(e) PLANNING PROCESS.—In undertaking a qualified
project under this section—
‘‘(1) if the qualified participant is a Federal
land management agency—
‘‘(A) the Secretary, in cooperation with the
Secretary of the Interior, shall develop transpor-
tation planning procedures that are consistent
with—
‘‘(i) the metropolitan planning provi-
sions under section 5303 of this title;
‘‘(ii) the statewide planning provisions
under section 5304 of this title; and