49 U.S.C. § 5310: Formula grants for the enhanced mobility of seniors and individuals with disabilities

a designated recipient or a State that receives a grant under this section directly; or a State or local governmental entity that operates a public transportation service. The term “subrecipient” means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation that receives a grant under this section indirectly through a recipient. public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable; public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); public transportation projects that improve access to fixed route service and decrease reliance by individuals with disabilities on complementary paratransit; and alternatives to public transportation that assist seniors and individuals with disabilities with transportation. The amount available for capital projects under paragraph (1)(A) shall be not less than 55 percent of the funds apportioned to the recipient under this section. a private nonprofit organization; or is approved by a State to coordinate services for seniors and individuals with disabilities; or certifies that there are no private nonprofit organizations readily available in the area to provide the services described in paragraph (1)(A). A recipient may use not more than 10 percent of the amounts apportioned to the recipient under this section to administer, plan, and provide technical assistance for a project funded under this section. The acquisition of public transportation services is an eligible capital expense under this section. To the maximum extent feasible, the Secretary shall coordinate activities under this section with related activities under other Federal departments and agencies. participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and participate in the planning for the transportation services described in clause (i). Amounts made available to carry out this section may be used for transportation projects to assist in providing transportation services for seniors and individuals with disabilities, if such transportation projects are included in a program of projects. A recipient shall annually submit a program of projects to the Secretary. The program of projects submitted under subparagraph (B) shall contain an assurance that the program provides for the maximum feasible coordination of transportation services assisted under this section with transportation services assisted by other Government sources. A public transportation service provider that receives assistance under this section or section 5311(c) may coordinate and assist in regularly providing meal delivery service for homebound individuals, if the delivery service does not conflict with providing public transportation service or reduce service to public transportation passengers. the number of seniors and individuals with disabilities in each such urbanized area; bears to the number of seniors and individuals with disabilities in all such urbanized areas. the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in each State; bears to the number of seniors and individuals with disabilities in urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census, in all States. the number of seniors and individuals with disabilities in rural areas in each State; bears to the number of seniors and individuals with disabilities in rural areas in all States. funds apportioned under paragraph (1)(A) shall be used for projects serving urbanized areas with a population of 200,000 or more individuals, as determined by the Bureau of the Census; funds apportioned under paragraph (1)(B) shall be used for projects serving urbanized areas with a population of fewer than 200,000 individuals, as determined by the Bureau of the Census; and funds apportioned under paragraph (1)(C) shall be used for projects serving rural areas. for a project serving an area other than an area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or for a project anywhere in the State, if the State has established a statewide program for meeting the objectives of this section. Any funds transferred pursuant to subparagraph (B) shall be made available only for eligible projects selected under this section. A recipient may transfer an amount under subparagraph (B) only after consulting with responsible local officials, publicly owned operators of public transportation, and nonprofit providers in the area for which the amount was originally apportioned. A grant for a capital project under this section shall be in an amount equal to 80 percent of the net capital costs of the project, as determined by the Secretary. A grant made under this section for operating assistance may not exceed an amount equal to 50 percent of the net operating costs of the project, as determined by the Secretary. may be provided from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, a service agreement with a State or local social service agency or a private social service organization, or new capital; and to a department or agency of the Government (other than the Department of Transportation) that are eligible to be expended for transportation; or to carry out the Federal lands highways program under section 204 1 of title 23. 1 See References in Text note below. For purposes of paragraph (3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of the Social Security Act ( 42 U.S.C. 603(a)(5)(C)(vii) ) on the use of grant funds for matching requirements shall not apply to Federal or State funds to be used for transportation purposes. A grant under this section shall be subject to the same requirements as a grant under section 5307, to the extent the Secretary determines appropriate. the projects selected by the recipient are included in a locally developed, coordinated public transit-human services transportation plan; the plan described in clause (i) was developed and approved through a process that included participation by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers, and other members of the public; and to the maximum extent feasible, the services funded under this section will be coordinated with transportation services assisted by other Federal departments and agencies, including any transportation activities carried out by a recipient of a grant from the Department of Health and Human Services. If a recipient allocates funds received under this section to subrecipients, the recipient shall certify that the funds are allocated on a fair and equitable basis. A recipient of funds apportioned under subsection (c)(1)(A) may conduct, in cooperation with the appropriate metropolitan planning organization, an areawide solicitation for applications for grants under this section. A recipient of funds apportioned under subparagraph (B) or (C) of subsection (c)(1) may conduct a statewide solicitation for applications for grants under this section. If the recipient elects to engage in a competitive process, a recipient or subrecipient seeking to receive a grant from funds apportioned under subsection (c) shall submit to the recipient making the election an application in such form and in accordance with such requirements as the recipient making the election shall establish. the recipient in possession of the facility or equipment consents to the transfer; and the facility or equipment will continue to be used as required under this section. Not later than 1 year after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives making recommendations on the establishment of performance measures for grants under this section. Such report shall be developed in consultation with national nonprofit organizations that provide technical assistance and advocacy on issues related to transportation services for seniors and individuals with disabilities. modifications to the geographic coverage of transportation service, the quality of transportation service, or service times that increase the availability of transportation services for seniors and individuals with disabilities; ridership; accessibility improvements; and other measures, as the Secretary determines is appropriate. innovative practices; program models; new service delivery options; findings from activities under subsection (h); and transit cooperative research program reports. the term ‘eligible project’ has the meaning given the term ‘capital project’ in section 5302 of title 49 , United States Code; and the term ‘eligible recipient’ means a recipient or subrecipient, as those terms are defined in section 5310 of title 49 , United States Code. the deployment of coordination technology; projects that create or increase access to community One-Call/One-Click Centers; and such other projects as determined appropriate by the Secretary. a detailed description of the eligible project; private entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged; or nonprofit entities engaged in the coordination of nonemergency medical transportation services for the transportation disadvantaged; improve local coordination or access to coordinated transportation services; reduce duplication of service, if applicable; and provide innovative solutions in the State or community; and specific performance measures the eligible project will use to quantify actual outcomes against expected outcomes. The Secretary shall make publicly available an annual report on the pilot program carried out under this subsection for each fiscal year, not later than December 31 of the calendar year in which that fiscal year ends. The report shall include a detailed description of the activities carried out under the pilot program, and an evaluation of the program, including an evaluation of the performance measures described in paragraph (3)(D). The Government share of the cost of an eligible project carried out under this subsection shall not exceed 80 percent. The non-Government share of the cost of an eligible project carried out under this subsection may be derived from in-kind contributions. For purposes of this subsection, nonemergency medical transportation services shall be limited to services eligible under Federal programs other than programs authorized under chapter 53 of title 49, United States Code.”