119 STAT. 1604
PUBLIC LAW 109–59—AUG. 10, 2005 in accordance with such requirements as the recipient shall establish. ‘‘(4) GRANT AWARDS.—The recipient shall award grants under paragraphs (1) and (2) on a competitive basis. ‘‘(e) TRANSFERS.— ‘‘(1) IN GENERAL.—A State may transfer any funds apportioned to it under subsection (c)(1)(B) or (c)(1)(C), or both, to an apportionment under section 5311(c) or 5336, or both. ‘‘(2) LIMITED TO ELIGIBLE PROJECTS.—Any apportionment transferred under this subsection shall be made available only for eligible job access and reverse commute projects as described in this section. ‘‘(3) CONSULTATION.—A State may make a transfer of an amount under this subsection only after consulting with responsible local officials and publicly owned operators of public transportation in each area for which the amount originally was awarded under subsection (d)(4). ‘‘(f) GRANT REQUIREMENTS.— ‘‘(1) IN GENERAL.—A grant under this section shall be subject to the requirements of section 5307. ‘‘(2) FAIR AND EQUITABLE DISTRIBUTION.—A recipient of a grant under this section shall certify to the Secretary that allocations of the grant to subrecipients are distributed on a fair and equitable basis. ‘‘(g) COORDINATION.— ‘‘(1) IN GENERAL.—The Secretary shall coordinate activities under this section with related activities under programs of other Federal departments and agencies. ‘‘(2) WITH NONPROFIT PROVIDERS.—A State that transfers funds to an apportionment under section 5336 pursuant to subsection (e) shall certify to the Secretary that any project for which the funds are requested under this section has been coordinated with nonprofit providers of services. ‘‘(3) PROJECT SELECTION AND PLANNING.—A recipient of funds under this section shall certify to the Secretary that— ‘‘(A) the projects selected were derived from a locally developed, coordinated public transit-human services transportation plan; and ‘‘(B) the plan was developed through a process that included representatives of public, private, and nonprofit transportation and human services providers and participation by the public. ‘‘(h) GOVERNMENT’S SHARE OF COSTS.— ‘‘(1) CAPITAL PROJECTS.—A grant for a capital project under this section may not exceed 80 percent of the net capital costs of the project, as determined by the Secretary. ‘‘(2) OPERATING ASSISTANCE.—A grant made under this section for operating assistance may not exceed 50 percent of the net operating costs of the project, as determined by the Secretary. ‘‘(3) REMAINDER.—The remainder of the net project costs— ‘‘(A) 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
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