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(2) The chief executive officer of a State may transfer any part of the
State’s apportionment under section 5311(c) of this title to supplement
amounts apportioned to the State under subsection (a)(1) of this section.
(3) The chief executive officer of a State may use throughout the State
amounts of a State’s apportionment remaining available for obligation at
the beginning of the 90-day period before the period of the availability of
the amounts expires.
(4) A designated recipient for an urbanized area with a population of at
least 200,000 may transfer a part of its apportionment under this section
to the chief executive officer of a State. The chief executive officer shall dis-
tribute the transferred amounts to urbanized areas under this section.
(5) Capital and operating assistance limitations applicable to the original
apportionment apply to amounts transferred under this subsection.
(h) CHANGES OF APPORTIONMENTS.—If sufficient amounts are available,
the Secretary of Transportation shall change apportionments under this sec-
tion between the Mass Transit Account of the Highway Trust Fund and
the general fund to ensure that each recipient receives from the general
fund at least as much operating assistance made available each fiscal year
under this section as the recipient is eligible to receive.
(i) PERIOD OF AVAILABILITY TO RECIPIENTS.—An amount apportioned
under this section may be obligated by the recipient for 3 years after the
fiscal year in which the amount is apportioned. Not later than 30 days after
the end of the 3-year period, an amount that is not obligated at the end
of that period shall be added to the amount that may be apportioned under
this section in the next fiscal year.
(j) 
APPLICATION
OF
OTHER
SECTIONS.—Sections 
5302, 
5318,
5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to this section
and to a grant made under this section. Except as provided in this section,
no other provision of this chapter applies to this section or to a grant made
under this section.
(k) CERTAIN URBANIZED AREAS GRANDFATHERED.—An area designated
an urbanized area under the 1980 census and not designated an urbanized
area under the 1990 census for the fiscal year ending September 30, 1993,
is eligible to receive—
(1) 50 percent of the amount the area would have received if the
area had been an urbanized area as defined by section 5302(a)(13) of
this title; and
(2) an amount equal to 50 percent of the amount that the State in
which the area is located would have received if the area had been an
area other than an urbanized area.
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§ 5337. Apportionment of appropriations for fixed guideway
modernization
(a) PERCENTAGE DISTRIBUTION.—The Secretary of Transportation shall
apportion amounts made available for fixed guideway modernization under
section 5309 of this title for each of the fiscal years ending September 30,
1993–1997, as follows:
(1) The first $455,000,000 shall be apportioned in the following ur-
banized areas as follows:
(A) Baltimore, 1.84 percent.
(B) Boston, 8.56 percent.
(C) Chicago/Northwestern Indiana, 17.18 percent.
(D) Cleveland, 2.09 percent.
(E) New York, 35.57 percent.
(F) Northeastern New Jersey, 9.04 percent.
(G) Philadelphia/Southern New Jersey, 12.41 percent.
(H) San Francisco, 7.21 percent.
(I) Southwestern Connecticut, 6.10 percent.
(2) The next $42,700,000 shall be apportioned in the following ur-
banized areas as follows:
(A) New York, 33.2341 percent.
(B) Northeastern New Jersey, 22.1842 percent.
(C) Philadelphia/Southern New Jersey, 5.7594 percent.
(D) San Francisco, 2.7730 percent.
(E) Pittsburgh, 31.9964 percent.
(F) New Orleans, 4.0529 percent.
(3) The next $70,000,000 shall be apportioned as follows:
(A) 50 percent in the urbanized areas listed in paragraphs (1)
and (2) as provided in section 5336(b)(2)(A) of this title.
(B) 50 percent in other urbanized areas eligible for assistance
under section 5336(b)(2)(A) of this title 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
other urbanized area if, before the first day of the fiscal year, the
area satisfies the Secretary that the area has modernization needs
that cannot be met adequately with amounts received as provided
in section 5336(b)(2)(A).
(4) Remaining amounts shall be apportioned in each urbanized area
eligible for assistance under paragraphs (1)–(3) of this subsection as
provided in section 5336(B)(2)(A).
(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
124
not available, the Secretary shall reduce on a proportionate basis the appor-
tionments 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 sec-
tion—
(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.
§ 5338. Authorizations
(a) FOR SECTIONS 5303–5306, 5308, 5310, 5311, 5313, 5314, 5317,
5320, 5327, AND 5334(a) and (c) AND SECTION 103(e)(4) OF TITLE 23.—
(1) Not more than the following amounts are available from the Mass Tran-
sit Account of the Highway Trust Fund for the Secretary of Transportation
to carry out sections 5303–5306, 5308, 5310, 5311, 5313, 5314, 5317,
5320, 5327, and 5334(a) and (c) of this title:
(A) $1,150,000,000 for the fiscal year ending September 30, 1993.
(B) $1,190,000,000 for the fiscal year ending September 30, 1994.
(C) $1,150,000,000 for the fiscal year ending September 30, 1995.
(D) $1,110,000,000 for the fiscal year ending September 30, 1996.
(E) $1,920,000,000 for the fiscal year ending September 30, 1997.
(2) In addition to amounts made available under paragraph (1) of this
subsection, not more than the following amounts may be appropriated to the
Secretary to carry out sections 5303–5306, 5308, 5310, 5311, 5313, 5314,
5317, 5320, 5327, and 5334(a) and (c) of this title and substitute transit
projects under section 103(e)(4) of title 23:
(A) $2,055,000,000 for the fiscal year ending September 30, 1993.
(B) $1,885,000,000 for the fiscal year ending September 30, 1994.
(C) $1,925,000,000 for the fiscal year ending September 30, 1995.
(D) $1,965,000,000 for the fiscal year ending September 30, 1996.
(E) $2,430,000,000 for the fiscal year ending September 30, 1997.
(b) SECTION 5309.—(1) Not more than the following amounts are avail-
able from the Account for the Secretary to carry out section 5309 of this
title:
125
(A) $1,725,000,000 for the fiscal year ending September 30, 1993.
(B) $1,785,000,000 for the fiscal year ending September 30, 1994.
(C) $1,725,000,000 for the fiscal year ending September 30, 1995.
(D) $1,665,000,000 for the fiscal year ending September 30, 1996.
(E) $2,880,000,000 for the fiscal year ending September 30, 1997.
(2) In addition to amounts made available under paragraph (1) of this
subsection, not more than the following amounts may be appropriated to the
Secretary to carry out section 5309 of this title:
(A) $305,000,000 for the fiscal year ending September 30, 1993.
(B) $265,000,000 for the fiscal year ending September 30, 1994.
(C) $325,000,000 for the fiscal year ending September 30, 1995.
(D) $385,000,000 for the fiscal year ending September 30, 1996.
(E) $20,000,000 for the fiscal year ending September 30, 1997.
(c) SECTION 5315.—The Secretary shall make available in equal amounts
from amounts provided under subsections (f) and (g) of this section not
more than $3,000,000 for each of the fiscal years ending September 30,
1993–1997, to carry out section 5315 of this title.
(d) SECTION 5316.—Not more than the following amounts may be appro-
priated to the Secretary from the Fund (except the Account) for each of
the fiscal years ending September 30, 1993–1997:
(1) $250,000 to carry out section 5316(a) of this title.
(2) $3,000,000 to carry out section 5316(b) of this title.
(3) $1,000,000 to carry out section 5316(c) of this title.
(4) $1,000,000 to carry out section 5316(d) of this title.
(5) $1,000,000 to carry out section 5316(e) of this title.
(e) SECTION 5317.—(1) Not more than $6,000,000 is available from the
Fund (except the Account) for the Secretary for each of the fiscal years
ending September 30, 1993–1997, to carry out section 5317 of this title.
(2) Not more than the following amounts may be appropriated to the Sec-
retary from the Fund (except the Account) for making grants under section
5317(b)(5)(B) of this title:
(A) $3,000,000 for the fiscal year ending September 30, 1993.
(B) $2,500,000 for the fiscal year ending September 30, 1994.
(f) SECTION 5307.—Amounts remaining available each fiscal year under
subsection (a)(1) of this section, after allocation under subsections (g)–(i)
and (j)(4) of this section, are available under section 5307 of this title.
(g) PLANNING, PROGRAMMING, AND RESEARCH.—Before apportioning in
each fiscal year amounts made available or appropriated under subsection
(a) of this section, an amount equal to 3 percent of amounts made available
or appropriated under subsections (a) and (b) of this section is available as
follows:
126
(1) 45 percent for metropolitan planning activities under section
5303(g) of this title.
(2) 5 percent to carry out section 5308(b)(2) of this title.
(3) 20 percent to carry out State programs under section 5313 of
this title.
(4) 30 percent to carry out the national program under section 5314
of this title.
(h) OTHER
SET-ASIDES.—Before apportioning in each fiscal year
amounts made available or appropriated under subsection (a) of this section,
of amounts made available or appropriated under subsections (a) and (b)
of this section—
(1) not more than .96 percent is available for administrative ex-
penses to carry out section 5334(a) and (c)–(f) of this title;
(2) not more than 1.34 percent is available for transportation serv-
ices to elderly individuals and individuals with disabilities under the
formula under section 5310(a) of this title; and
(3) $7,000,000 is available for section 5317 for each of the fiscal
years ending September 30, 1993–1997.
(i) COMPLETING INTERSTATE TRANSFER TRANSIT PROJECTS.—Of the
amounts remaining available each year under subsections (a) and (b) of this
section, after allocation under subsections (g) and (h) of this section, not
more than $164,843,000 for the fiscal year ending September 30, 1993, is
available for substitute transit projects under section 103(e)(4) of title 23.
(j) LIMITATIONS.—Of the amounts available—
(1) under subsection (a)(2) of this section, 3.5 percent is available
to finance programs and activities, including administrative costs,
under section 5310 of this title;
(2) 1.5 percent of the amounts available to finance research, develop-
ment, and demonstration projects under section 5312(a) of this title is
available to increase the information and technology available to pro-
vide improved mass transportation service and facilities planned and
designed to meet the special needs of elderly individuals and individuals
with disabilities;
(3) not more than 12.5 percent is available for grants to any one
State under section 5312(c)(2) of this title;
(4) 5.5 percent of the amount remaining available each year under
subsection (a)(1) of this section, after allocation under subsections (g)–
(i) of this section, is available under the formula under section 5311
of this title; and
(5) under section 5309(m)(1)(C) of this title—