Apportionment of appropriations for fixed guideway modernization

§ 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 urbanized 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 urbanized 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). 108 STAT. 845 (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 not available, the Secretary shall reduce on a proportionate basis the apportionments 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 section— (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.