49 U.S.C. § 5302
Section 5302 · Definitions
Current version, with additions and removals from the August 10, 2005 version.
(1) Capital project.—The term “capital project” means a project for—
(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance;
(F) leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;
(G) a public transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a public transportation facility, construction, renovation, and improvement of intercity bus and intercity rail stations and terminals, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a public transportation project and is related physically or functionally to that public transportation project, or establishes new or enhanced coordination between public transportation and other transportation, and provides a fair share of revenue for public transportation that will be used for public transportation—
(i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare or health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and
(ii) excluding construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation;
(H) the introduction of new technology, through innovative and improved products, into public transportation;
(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311;
(J) crime prevention and security—
(i) including—
(I) projects to refine and develop security and emergency response plans;
(II) projects aimed at detecting chemical and biological agents in public transportation;
(III) the conduct of emergency response drills with public transportation agencies and local first response agencies; and
(IV) security training for public transportation employees; but
(ii) excluding all expenses related to operations, other than such expenses incurred in conducting activities described in clauses (i)(III) and (i)(IV);
(K) establishing a debt service reserve, made up of deposits with a bondholder's trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter; or
(L) mobility management—
(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but
(ii) excluding operating public transportation services.
(2) Chief executive officer of a state.—The term “chief executive officer of a State” includes the designee of the chief executive officer.
(3) Emergency regulation.—The term “emergency regulation” means a regulation—
(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(b); 1 and
(B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation—
(i) would injure seriously an important public interest;
(ii) would frustrate substantially legislative policy and intent; or
(iii) would damage seriously a person or class without serving an important public interest.
(4) Fixed guideway.—The term “fixed guideway” means a public transportation facility—
(A) using and occupying a separate right-of-way or rail for the exclusive use of public transportation and other high occupancy vehicles; or
(B) using a fixed catenary system and a right-of-way usable by other forms of transportation.
(5) Individual with a disability.—The term “individual with a disability” means an individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use effectively, without special facilities, planning, or design, public transportation service or a public transportation facility.
(6) Local governmental authority.—The term “local governmental authority” includes—
(A) a political subdivision of a State;
(B) an authority of at least 1 State or political subdivision of a State;
(C) an Indian tribe; and
(D) a public corporation, board, or commission established under the laws of a State.
(7) Mass transportation.—The term “mass transportation” means public transportation.
(8) Net project cost.—The term “net project cost” means the part of a project that reasonably cannot be financed from revenues.
(9) New bus model.—The term “new bus model” means a bus model (including a model using alternative fuel)—
(A) that has not been used in public transportation in the United States before the date of production of the model; or
(B) used in public transportation in the United States, but being produced with a major change in configuration or components.
(10) Public transportation.—The term “public transportation” means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, or intercity bus transportation or intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity).
(11) Regulation.—The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter.
(12) Secretary.—The term “Secretary” means the Secretary of Transportation.
(13) State.—The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
(14) Transit.—The term “transit” means public transportation.
(15) Transit enhancement.—The term “transit enhancement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are—
(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities);
(B) bus shelters;
(C) landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights;
(D) public art;
(E) pedestrian access and walkways;
(F) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on public transportation vehicles;
(G) transit connections to parks within the recipient's transit service area;
(H) signage; and
(I) enhanced access for persons with disabilities to public transportation.
(16) Urban area.—The term “urban area” means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality.
(17) Urbanized area.—The term “urbanized area” means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce.
(b) Authority To Modify “Individual With a Disability”.—The Secretary may by regulation modify the definition of the term “individual with a disability” in subsection (a)(5) as it applies to section 5307(d)(1)(D).
The term “assault on a transit worker” means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker.
The term “associated transit improvement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are—
historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service;
bus shelters;
functional landscaping and streetscaping, including benches, trash receptacles, and street lights;
pedestrian access and walkways;
bicycle access, including bicycle storage shelters and parking facilities and the installation of equipment for transporting bicycles on public transportation vehicles;
signage; or
enhanced access for persons with disabilities to public transportation.
The term “bus rapid transit system” means a bus transit system—
in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and
that includes features that emulate the services provided by rail fixed guideway public transportation systems, including—
defined stations;
traffic signal priority for public transportation vehicles;
short headway bidirectional services for a substantial part of weekdays and weekend days; and
any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway public transportation systems.
The term “capital project” means a project for—
acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
rehabilitating a bus;
remanufacturing a bus;
overhauling rail rolling stock;
preventive maintenance;
leasing equipment or a facility for use in public transportation;
a joint development improvement that—
enhances economic development or incorporates private investment, such as commercial and residential development;
enhances the effectiveness of public transportation and is related physically or functionally to public transportation; or
establishes new or enhanced coordination between public transportation and other transportation;
provides a fair share of revenue that will be used for public transportation;
provides that if equipment to fuel privately owned zero-emission passenger vehicles is installed, the recipient of assistance under this chapter shall collect fees from users of the equipment in order to recover the costs of construction, maintenance, and operation of the equipment;
provides that a person making an agreement to occupy space in a facility constructed under this paragraph shall pay a fair share of the costs of the facility through rental payments and other means; and
may include—
property acquisition;
demolition of existing structures;
site preparation;
utilities;
building foundations;
walkways;
pedestrian and bicycle access to a public transportation facility;
construction, renovation, and improvement of intercity bus and intercity rail stations and terminals;
renovation and improvement of historic transportation facilities;
open space;
safety and security equipment and facilities (including lighting, surveillance, and related intelligent transportation system applications);
facilities that incorporate community services such as daycare or health care;
a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall;
construction of space for commercial uses; and
technology to fuel a zero-emission vehicle;
the introduction of new technology, through innovative and improved products, into public transportation;
the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts—
not to exceed 10 percent of such recipient’s annual formula apportionment under sections 5307 and 5311; or
not to exceed 20 percent of such recipient’s annual formula apportionment under sections 5307 and 5311, if, consistent with guidance issued by the Secretary, the recipient demonstrates that the recipient meets at least 2 of the following requirements:
Provides an active fixed route travel training program that is available for riders with disabilities.
Provides that all fixed route and paratransit operators participate in a passenger safety, disability awareness, and sensitivity training class on at least a biennial basis.
Has memoranda of understanding in place with employers and the American Job Center to increase access to employment opportunities for people with disabilities.
establishing a debt service reserve, made up of deposits with a bondholder’s trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter;
mobility management—
consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but
excluding operating public transportation services;
associated capital maintenance, including—
equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and
reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used;
associated transit improvements; or
technological changes or innovations to modify low or no emission vehicles (as defined in section 5339(c)) or facilities.
The term “designated recipient” means—
an entity designated, in accordance with the planning process under sections 5303 and 5304, by the Governor of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 to urbanized areas of 200,000 or more in population; or
a State or regional authority, if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation.
The term “disability” has the same meaning as in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).
The term “emergency regulation” means a regulation—
that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(c); and
prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation—
would injure seriously an important public interest;
would frustrate substantially legislative policy and intent; or
would damage seriously a person or class without serving an important public interest.
The term “fixed guideway” means a public transportation facility—
using and occupying a separate right-of-way for the exclusive use of public transportation;
using rail;
using a fixed catenary system;
for a passenger ferry system; or
for a bus rapid transit system.
The term “Governor”—
means the Governor of a State, the mayor of the District of Columbia, and the chief executive officer of a territory of the United States; and
includes the designee of the Governor.
The term “job access and reverse commute project” means a transportation project to finance planning, capital, and operating costs that support the development and maintenance of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment, including transportation projects that facilitate the provision of public transportation services from urbanized areas and rural areas to suburban employment locations.
In this paragraph:
The term “eligible low-income individual” means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Service Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section) for a family of the size involved.
The term “welfare recipient” means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) at any time during the 3-year period before the date on which the applicant applies for a grant under section 5307 or 5311.
The term “local governmental authority” includes—
a political subdivision of a State;
an authority of at least 1 State or political subdivision of a State;
an Indian tribe; and
a public corporation, board, or commission established under the laws of a State.
The term “low-income individual” means an individual whose family income is at or below 150 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by that section, for a family of the size involved.
The term “net project cost” means the part of a project that reasonably cannot be financed from revenues.
The term “new bus model” means a bus model (including a model using alternative fuel)—
that has not been used in public transportation in the United States before the date of production of the model; or
used in public transportation in the United States, but being produced with a major change in configuration or components.
The term “public transportation”—
means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and
does not include—
intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity);
intercity bus service;
charter bus service;
school bus service;
sightseeing service;
courtesy shuttle service for patrons of one or more specific establishments; or
intra-terminal or intra-facility shuttle services.
The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter.
The term “rural area” means an area encompassing a population of less than 50,000 people that has not been designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce.
The term “Secretary” means the Secretary of Transportation.
The term “senior” means an individual who is 65 years of age or older.
The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
The term “state of good repair” has the meaning given that term by the Secretary, by rule, under section 5326(b).
The term “transit” means public transportation.
The term “urban area” means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality.
The term “urbanized area” means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce.
The term “value capture” means recovering the increased property value to property located near public transportation resulting from investments in public transportation.