(a) Purpose. Title 49 U.S.C. §5339 authorizes
the Secretary of the U.S. DOT to make grants for bus and bus facilities.
(b) Eligible recipients. Section 5339 funds are available
to states and local public entities.
(c) Department role. The department acts as the designated
recipient for §5339 grants to §5307 transit districts in
small urbanized areas and §5311 rural transit districts.
(d) Small urban transit districts. The department will:
(1) allocate the available program funds so that each
eligible recipient will receive a proportional share of available
funding based on the total vehicle miles reported to the department
on an annual basis with no eligible recipient receiving less than
one percent of the amount available;
(2) notify the FTA of the results of the allocation
calculations;
(3) notify the small urban transit districts of the
results of the allocation calculations; and
(4) authorize the small urban transit districts to
apply directly with the FTA for the funds, due to their status as
direct recipients under the FTA §5307 program.
(e) Rural transit districts. The department will:
(1) allocate the available program funds so that each
eligible subrecipient will receive a proportional share of available
funding based on the total vehicle miles reported to the department
on an annual basis with no eligible subrecipient receiving less than
one percent of the amount available;
(2) develop application materials and disseminate information
to eligible subrecipients;
(3) prepare the state's funding application and submit
the application to the FTA for approval;
(4) negotiate and execute contracts with subrecipients;
(5) prepare requests for federal reimbursement and
process payment requests from subrecipients;
(6) monitor and evaluate the progress of local projects,
including compliance with federal regulations; and
(7) provide technical assistance to subrecipients as
necessary.
(f) Eligible assistance categories. Eligible projects
are those listed in FTA Circular 5100.1 or its latest version.
(g) Link to asset management plan. At such time as
the department implements the requirement of a transit asset management
plan, recipient or subrecipient projects must be linked to the asset
management plan required by §31.51 of this chapter (relating
to Asset Management) and 49 U.S.C. §5326.
(h) Reimbursement rates. For reimbursement:
(1) federal funds may be used to defray up to 80 percent
of the cost of eligible capital expenditures;
(2) the federal share may increase to up to 85 percent
of the net project cost for a project that involves acquiring vehicles
for the purpose of complying with the Americans with Disabilities
Act or the Clean Air Act; and
(3) the federal share may increase to up to 90 percent
for incremental costs related to compliance with the Clean Air Act
in areas of air quality non-attainment or with the Americans with
Disabilities Act.
(i) Local share requirements. The non-federal share
may be provided by:
(1) cash from state or local governments;
(2) cash from non-government sources other than revenues
from providing public transportation services;
(3) revenues from the sale of advertising and concessions;
(4) an undistributed cash surplus, a replacement or
depreciation cash fund or reserve, or new capital;
(5) service agreements with a state, local, or private
social service organization; or
(6) transportation development credits.
|