Mississippi Code 1972 (2023) › Title 65 - HIGHWAYS, BRIDGES AND FERRIES (§§ 65-1-1 — 65-43-85) › Chapter 1 - TRANSPORTATION DEPARTMENT (§§ 65-1-1 — 65-1-901) › Article 7 - MULTI-MODAL TRANSPORTATION IMPROVEMENT (§§ 65-1-701 — 65-1-711) › Section 65-1-707 - Allocation of funds; criteria

(1)
During each state fiscal year, MDOT shall distribute the money in the fund among the various modes as follows:
(a)
Thirty-eight percent (38%) shall be distributed to ports;
(b)
Thirty-four percent (34%) shall be distributed to airports;
(c)
Sixteen percent (16%) shall be distributed to transit systems; and
(d)
Twelve percent (12%) shall be distributed to railroads.
(2)
In order for a port to receive money allocated under subsection (1) of this section, the port shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Port Multi-Modal Fund Committee. The Port Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be:
(a)
Directly related to dredging, capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses;
(b)
For a project or use directly related to the operation of the port in its modal role; and
(c)
For a purpose outside the normal operating budget of the port.
(3)
In order for an airport to receive money allocated under subsection (1) of this section, the airport shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Airport Multi-Modal Fund Committee. The Airport Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be:
(a)
Directly related to capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses;
(b)
For a project or use directly related to the operation of the airport in its modal role; and
(c)
For a purpose outside the normal operating budget of the airport.
(4)
In order for a railroad to receive money allocated under subsection (1) of this section, the railroad shall file an application with MDOT describing how the funds will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Railroad Multi-Modal Fund Committee. The Railroad Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate; provided, however, that no application shall be approved or funds distributed pursuant to this article unless the expenditure of such funds shall be:
(a)
Directly related to capital improvements or the rebuilding or rehabilitation of basic infrastructure and not for routine maintenance, administrative or operational expenses;
(b)
For a project or use directly related to the operation of the railroad in its modal role; and
(c)
For a purpose outside the normal operating budget of the railroad.
(5)
(a)
Thirty percent (30%) of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT to Coast Transit Authority.
(b)
Thirty percent (30%) of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT to the City of Jackson Transit System serving the greater Jackson urbanized area.
(c)
The remainder of the money allocated for transit systems under subsection (1) of this section shall be distributed by MDOT among other transit systems. In order to receive funds under subsection (1) of this section, any such transit system shall file an application with MDOT describing how the money will be used and shall provide such other information as MDOT may require. Such applications shall be reviewed by the Public Transit Multi-Modal Fund Committee. The Public Transit Multi-Modal Fund Committee shall decide which applications shall be approved and the amount of funding for each approved application based upon such criteria as it shall consider appropriate.
(6)
As a condition for the receipt of any funds distributed under this section, the port, airport, railroad or transit system shall be required to fund, from public or private sources, not more than ten percent (10%) of the total cost of the project or purpose for which the funds are to be spent. The percentage amount of such matching fund requirement shall be determined by MDOT. In addition to such other contributions and expenditures as may be considered acceptable by MDOT, in-kind contributions and expenditures for the following shall be credited toward the above matching requirement:
(a)
Pre-construction studies, planning and design;
(b)
Personal property acquisition;
(c)
Real property acquisition, reclamation and related relocation costs;
(d)
Professional services; and
(e)
Construction.
(7)
In addition to such other expenditures as may be deemed appropriate by MDOT or hereunder, money distributed from the fund may be used to meet federal matching fund requirements and for pre-construction studies, planning and design; personal property acquisition; real property acquisition, reclamation and related relocation costs; professional services; and construction.
Laws 2001, ch. 552, § 4; Laws, 2004, ch. 326, § 2, eff. 7/1/2004.