49 U.S.C. § 5303 — Metropolitan transportation planning

Page 242 TITLE 49—TRANSPORTATION § 5303 Subsec. (a)(1)(J) to (L). Pub. L. 109–59, § 3004(b)(3)–(5), added subpars. (J) to (L). Subsec. (a)(4). Pub. L. 109–59, § 3002(b)(4), substituted ‘‘public transportation’’ for ‘‘mass transportation’’ in introductory provisions and subpar. (A). Subsec. (a)(5). Pub. L. 109–59, § 3004(c), substituted ‘‘Individual with a disability’’ for ‘‘Handicapped indi- vidual’’ in heading and ‘‘individual with a disability’’ for ‘‘handicapped individual’’ in text. Pub. L. 109–59, § 3002(b)(4), substituted ‘‘public trans- portation’’ for ‘‘mass transportation’’ in two places. Subsec. (a)(7). Pub. L. 109–59, § 3004(d), amended head- ing and text of par. (7) generally. Prior to amendment, text read as follows: ‘‘The term ‘mass transportation’ means transportation by a conveyance that provides regular and continuing general or special transpor- tation to the public, but does not include school bus, charter, or sightseeing transportation.’’ Subsec. (a)(9). Pub. L. 109–59, § 3002(b)(4), substituted ‘‘public transportation’’ for ‘‘mass transportation’’ in subpars. (A) and (B). Subsec. (a)(10). Pub. L. 109–59, § 3004(e), amended head- ing and text of par. (10) generally. Prior to amendment, text read as follows: ‘‘The term ‘public transportation’ means mass transportation.’’ Subsec. (a)(14) to (16). Pub. L. 109–59, § 3002(b)(4), sub- stituted ‘‘public transportation’’ for ‘‘mass transpor- tation’’ wherever appearing. Subsec. (a)(17). Pub. L. 109–59, § 3004(f), reenacted heading without change and amended text of par. (17) generally. Prior to amendment, text read as follows: ‘‘The term ‘urbanized area’ means an area— ‘‘(A) encompassing at least an urbanized area with- in a State that the Secretary of Commerce des- ignates; and ‘‘(B) designated as an urbanized area within bound- aries fixed by State and local officials and approved by the Secretary.’’ Subsec. (b). Pub. L. 109–59, § 3004(g), substituted ‘‘Indi- vidual With a Disability’’ for ‘‘Handicapped Individual’’ in heading and ‘‘individual with a disability’’ for ‘‘handicapped individual’’ in text. 1998—Pub. L. 105–178, § 3003(a), formerly § 3003, as re- numbered by Pub. L. 105–206, § 9009(a)(1), amended sec- tion generally, revising and restating existing defini- tions and adding new pars. defining additional terms. Subsec. (a)(1)(G)(i). Pub. L. 105–178, § 3003(b), as added by Pub. L. 105–206, § 9009(a)(2), substituted ‘‘daycare or’’ for ‘‘daycare and’’. 1997—Subsec. (a)(1)(B), (C). Pub. L. 105–102 made tech- nical correction to directory language of Pub. L. 104–50, § 333(a). See 1995 Amendment notes below. 1996—Subsec. (a)(1). Pub. L. 104–287 made technical correction to directory language of Pub. L. 103–331, § 335A. See 1994 Amendment note below. 1995—Subsec. (a)(1)(B). Pub. L. 104–50, § 333(a)(1), as amended by Pub. L. 105–102, § 3(a)(1), struck out ‘‘that extends the economic life of a bus for at least 5 years’’ after ‘‘rehabilitating a bus’’. Subsec. (a)(1)(C). Pub. L. 104–50, § 333(a)(2), as amended by Pub. L. 105–102, § 3(a)(2), struck out ‘‘that extends the economic life of a bus for at least 8 years’’ after ‘‘remanufacturing a bus’’. 1994—Subsec. (a)(1). Pub. L. 103–331, § 335A, as amend- ed by Pub. L. 104–287, inserted ‘‘payments for the cap- ital portions of rail trackage rights agreements,’’ after ‘‘rights of way),’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1998 AMENDMENT Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–102, § 3(a), Nov. 20, 1997, 111 Stat. 2214, pro- vided that the amendment made by section 3(a) is effec- tive Nov. 15, 1995. Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–287, § 6(c), Oct. 11, 1996, 110 Stat. 3398, pro- vided that the amendment made by section 6(c) is effec- tive Sept. 30, 1994. EFFECTIVE DATE OF 1995 AMENDMENT Pub. L. 104–50, title III, § 333(b), Nov. 15, 1995, 109 Stat. 457, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall not take effect be- fore March 31, 1996.’’ § 5303. Metropolitan transportation planning (a) POLICY.—It is in the national interest— (1) to encourage and promote the safe and ef- ficient management, operation, and develop- ment of resilient surface transportation sys- tems that will serve the mobility needs of peo- ple and freight and foster economic growth and development within and between States and urbanized areas and better connect hous- ing and employment, while minimizing trans- portation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and (2) to encourage the continued improvement and evolution of the metropolitan and state- wide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 5304(d). (b) DEFINITIONS.—In this section and section 5304, the following definitions apply: (1) METROPOLITAN PLANNING AREA.—The term ‘‘metropolitan planning area’’ means the geo- graphic area determined by agreement be- tween the metropolitan planning organization for the area and the Governor under sub- section (e). (2) METROPOLITAN PLANNING ORGANIZATION.— The term ‘‘metropolitan planning organiza- tion’’ means the policy board of an organiza- tion established as a result of the designation process under subsection (d). (3) NONMETROPOLITAN AREA.—The term ‘‘non- metropolitan area’’ means a geographic area outside designated metropolitan planning areas. (4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘‘nonmetropolitan local official’’ means Page 243 TITLE 49—TRANSPORTATION § 5303 elected and appointed officials of general pur- pose local government in a nonmetropolitan area with responsibility for transportation. (5) REGIONAL TRANSPORTATION PLANNING OR- GANIZATION.—The term ‘‘regional transpor- tation planning organization’’ means a policy board of an organization established as the re- sult of a designation under section 5304(l). (6) TIP.—The term ‘‘TIP’’ means a transpor- tation improvement program developed by a metropolitan planning organization under sub- section (j). (7) URBANIZED AREA.—The term ‘‘urbanized area’’ means a geographic area with a popu- lation of 50,000 or more, as determined by the Bureau of the Census. (c) GENERAL REQUIREMENTS.— (1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To accomplish the objectives in sub- section (a), metropolitan planning organiza- tions designated under subsection (d), in co- operation with the State and public transpor- tation operators, shall develop long-range transportation plans and transportation im- provement programs through a performance- driven, outcome-based approach to planning for metropolitan areas of the State. (2) CONTENTS.—The plans and TIPs for each metropolitan area shall provide for the devel- opment and integrated management and oper- ation of transportation systems and facilities (including accessible pedestrian walkways, bi- cycle transportation facilities, and intermodal facilities that support intercity transpor- tation, including intercity buses and intercity bus facilities and commuter vanpool pro- viders) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. (3) PROCESS OF DEVELOPMENT.—The process for developing the plans and TIPs shall pro- vide for consideration of all modes of transpor- tation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. (d) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— (1) IN GENERAL.—To carry out the transpor- tation planning process required by this sec- tion, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individ- uals— (A) by agreement between the Governor and units of general purpose local govern- ment that together represent at least 75 per- cent of the affected population (including the largest incorporated city (based on popu- lation) as determined by the Bureau of the Census); or (B) in accordance with procedures estab- lished by applicable State or local law. (2) STRUCTURE.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2012, each metropolitan planning organization that serves an area des- ignated as a transportation management area shall consist of— (A) local elected officials; (B) officials of public agencies that admin- ister or operate major modes of transpor- tation in the metropolitan area, including representation by providers of public trans- portation; and (C) appropriate State officials. (3) REPRESENTATION.— (A) IN GENERAL.—Designation or selection of officials or representatives under para- graph (2) shall be determined by the metro- politan planning organization according to the bylaws or enabling statute of the organi- zation. (B) PUBLIC TRANSPORTATION REPRESENTA- TIVE.—Subject to the bylaws or enabling statute of the metropolitan planning organi- zation, a representative of a provider of pub- lic transportation may also serve as a rep- resentative of a local municipality. (C) POWERS OF CERTAIN OFFICIALS.—An offi- cial described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensu- rate with other officials described in para- graph (2). (D) CONSIDERATIONS.—In designating offi- cials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan plan- ning organization, the metropolitan plan- ning organization shall consider the equi- table and proportional representation of the population of the metropolitan planning area. (4) LIMITATION ON STATUTORY CONSTRUC- TION.—Nothing in this subsection shall be con- strued to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transpor- tation responsibilities— (A) to develop the plans and TIPs for adop- tion by a metropolitan planning organiza- tion; and (B) to develop long-range capital plans, co- ordinate transit services and projects, and carry out other activities pursuant to State law. (5) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (6). (6) REDESIGNATION PROCEDURES.— (A) IN GENERAL.—A metropolitan planning organization may be redesignated by agree- ment between the Governor and units of gen- eral purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on popu- lation) as determined by the Bureau of the Census) as appropriate to carry out this sec- tion. (B) RESTRUCTURING.—A metropolitan plan- ning organization may be restructured to meet the requirements of paragraph (2) with- out undertaking a redesignation. (7) DESIGNATION OF MORE THAN 1 METROPOLI- TAN PLANNING ORGANIZATION.—More than 1 Page 244 TITLE 49—TRANSPORTATION § 5303 metropolitan planning organization may be designated within an existing urbanized area (as defined by the Bureau of the Census) only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the area make designation of more than 1 metropolitan planning organi- zation for the area appropriate. (e) METROPOLITAN PLANNING AREA BOUND- ARIES.— (1) IN GENERAL.—For the purposes of this sec- tion, the boundaries of a metropolitan plan- ning area shall be determined by agreement between the metropolitan planning organiza- tion and the Governor. (2) INCLUDED AREA.—Each metropolitan plan- ning area— (A) shall encompass at least the existing urbanized area and the contiguous area ex- pected to become urbanized within a 20-year forecast period for the transportation plan; and (B) may encompass the entire metropoli- tan statistical area or consolidated metro- politan statistical area, as defined by the Bureau of the Census. (3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN EXISTING PLANNING AREA BOUNDARIES.— The designation by the Bureau of the Census of new urbanized areas within an existing met- ropolitan planning area shall not require the redesignation of the existing metropolitan planning organization. (4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.— (A) IN GENERAL.—Notwithstanding para- graph (2), except as provided in subpara- graph (B), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the SAFETEA–LU, the boundaries of the metropolitan planning area in existence as of such date of enact- ment shall be retained. (B) EXCEPTION.—The boundaries described in subparagraph (A) may be adjusted by agreement of the Governor and affected met- ropolitan planning organizations in the manner described in subsection (d)(6). (5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the date of enactment of the SAFETEA–LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— (A) shall be established in the manner de- scribed in subsection (d)(1); (B) shall encompass the areas described in paragraph (2)(A); (C) may encompass the areas described in paragraph (2)(B); and (D) may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide. (f) COORDINATION IN MULTISTATE AREAS.— (1) IN GENERAL.—The Secretary shall encour- age each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organi- zations to provide coordinated transportation planning for the entire metropolitan area. (2) INTERSTATE COMPACTS.—The consent of Congress is granted to any 2 or more States— (A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and (B) to establish such agencies, joint or oth- erwise, as the States may determine desir- able for making the agreements and com- pacts effective. (3) RESERVATION OF RIGHTS.—The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. (g) MPO CONSULTATION IN PLAN AND TIP CO- ORDINATION.— (1) NONATTAINMENT AREAS.—If more than 1 metropolitan planning organization has au- thority within an urbanized area (as defined by the Bureau of the Census) or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. (2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE MPOS.—If a transportation im- provement, funded under this chapter or title 23, is located within the boundaries of more than 1 metropolitan planning area, the metro- politan planning organizations shall coordi- nate plans and TIPs regarding the transpor- tation improvement. (3) RELATIONSHIP WITH OTHER PLANNING OFFI- CIALS.— (A) IN GENERAL.—The Secretary shall en- courage each metropolitan planning organi- zation to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, housing, tourism, natural disaster risk reduction, environ- mental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. (B) REQUIREMENTS.—Under the metropoli- tan planning process, transportation plans and TIPs shall be developed with due consid- eration of other related planning activities within the metropolitan area, and the proc- ess shall provide for the design and delivery of transportation services within the metro- politan area that are provided by— (i) recipients of assistance under this chapter; (ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that re- ceive Federal assistance from a source Page 245 TITLE 49—TRANSPORTATION § 5303 other than the Department of Transpor- tation to provide nonemergency transpor- tation services; and (iii) recipients of assistance under sec- tion 204 of title 23. (4) COORDINATION BETWEEN MPOS.—If more than 1 metropolitan planning organization is designated within an urbanized area (as de- fined by the Bureau of the Census) under sub- section (d)(7), the metropolitan planning orga- nizations designated within the area shall en- sure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in fore- casting travel demand. (5) SAVINGS CLAUSE.—Nothing in this sub- section requires metropolitan planning organi- zations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP. (h) SCOPE OF PLANNING PROCESS.— (1) IN GENERAL.—The metropolitan planning process for a metropolitan planning area under this section shall provide for consider- ation of projects and strategies that will— (A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and ef- ficiency; (B) increase the safety of the transpor- tation system for motorized and non- motorized users; (C) increase the security of the transpor- tation system for motorized and non- motorized users; (D) increase the accessibility and mobility of people and for freight; (E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency be- tween transportation improvements and State and local planned growth, housing, and economic development patterns; (F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; (G) promote efficient system management and operation; (H) emphasize the preservation of the ex- isting transportation system; and (I) improve the resiliency and reliability of the transportation system. (2) PERFORMANCE-BASED APPROACH.— (A) IN GENERAL.—The metropolitan trans- portation planning process shall provide for the establishment and use of a performance- based approach to transportation decision- making to support the national goals de- scribed in section 150(b) of title 23 and the general purposes described in section 5301. (B) PERFORMANCE TARGETS.— (i) SURFACE TRANSPORTATION PERFORM- ANCE TARGETS.— (I) IN GENERAL.—Each metropolitan planning organization shall establish performance targets that address the performance measures described in sec- tion 150(c) of title 23, where applicable, to use in tracking progress towards at- tainment of critical outcomes for the re- gion of the metropolitan planning orga- nization. (II) COORDINATION.—Selection of per- formance targets by a metropolitan planning organization shall be coordi- nated with the relevant State to ensure consistency, to the maximum extent practicable. (ii) PUBLIC TRANSPORTATION PERFORM- ANCE TARGETS.—Selection of performance targets by a metropolitan planning organi- zation shall be coordinated, to the max- imum extent practicable, with providers of public transportation to ensure consist- ency with sections 5326(c) and 5329(d). (C) TIMING.—Each metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public trans- portation establishes the performance tar- gets. (D) INTEGRATION OF OTHER PERFORMANCE- BASED PLANS.—A metropolitan planning or- ganization shall integrate in the metropoli- tan transportation planning process, di- rectly or by reference, the goals, objectives, performance measures, and targets described in other State transportation plans and transportation processes, as well as any plans developed by recipients of assistance under this chapter, required as part of a per- formance-based program. (3) FAILURE TO CONSIDER FACTORS.—The fail- ure to consider any factor specified in para- graphs (1) and (2) shall not be reviewable by any court under this chapter, title 23, sub- chapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transpor- tation plan, a TIP, a project or strategy, or the certification of a planning process. (i) DEVELOPMENT OF TRANSPORTATION PLAN.— (1) REQUIREMENTS.— (A) IN GENERAL.—Each metropolitan plan- ning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the re- quirements of this subsection. (B) FREQUENCY.— (i) IN GENERAL.—The metropolitan plan- ning organization shall prepare and update such plan every 4 years (or more fre- quently, if the metropolitan planning or- ganization elects to update more fre- quently) in the case of each of the fol- lowing: (I) Any area designated as nonattain- ment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). (II) Any area that was nonattainment and subsequently designated to attain- ment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a). (ii) OTHER AREAS.—In the case of any other area required to have a transpor- Page 246 TITLE 49—TRANSPORTATION § 5303 tation plan in accordance with the require- ments of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently. (2) TRANSPORTATION PLAN.—A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the fol- lowing: (A) IDENTIFICATION OF TRANSPORTATION FA- CILITIES.— (i) IN GENERAL.—An identification of transportation facilities (including major roadways, public transportation facilities, intercity bus facilities, multimodal and intermodal facilities, nonmotorized trans- portation facilities, and intermodal con- nectors) that should function as an inte- grated metropolitan transportation sys- tem, giving emphasis to those facilities that serve important national and regional transportation functions. (ii) FACTORS.—In formulating the trans- portation plan, the metropolitan planning organization shall consider factors de- scribed in subsection (h) as the factors re- late to a 20-year forecast period. (B) PERFORMANCE MEASURES AND TAR- GETS.—A description of the performance measures and performance targets used in assessing the performance of the transpor- tation system in accordance with subsection (h)(2). (C) SYSTEM PERFORMANCE REPORT.—A sys- tem performance report and subsequent up- dates evaluating the condition and perform- ance of the transportation system with re- spect to the performance targets described in subsection (h)(2), including— (i) progress achieved by the metropolitan planning organization in meeting the per- formance targets in comparison with sys- tem performance recorded in previous re- ports; and (ii) for metropolitan planning organiza- tions that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the condi- tions and performance of the transpor- tation system and how changes in local policies and investments have impacted the costs necessary to achieve the identi- fied performance targets. (D) MITIGATION ACTIVITIES.— (i) IN GENERAL.—A long-range transpor- tation plan shall include a discussion of types of potential environmental mitiga- tion activities and potential areas to carry out these activities, including activities that may have the greatest potential to re- store and maintain the environmental functions affected by the plan. (ii) CONSULTATION.—The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land manage- ment, and regulatory agencies. (E) FINANCIAL PLAN.— (i) IN GENERAL.—A financial plan that— (I) demonstrates how the adopted transportation plan can be implemented; (II) indicates resources from public and private sources that are reasonably ex- pected to be made available to carry out the plan; and (III) recommends any additional fi- nancing strategies for needed projects and programs. (ii) INCLUSIONS.—The financial plan may include, for illustrative purposes, addi- tional projects that would be included in the adopted transportation plan if reason- able additional resources beyond those identified in the financial plan were avail- able. (iii) COOPERATIVE DEVELOPMENT.—For the purpose of developing the transpor- tation plan, the metropolitan planning or- ganization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation. (F) OPERATIONAL AND MANAGEMENT STRATE- GIES.—Operational and management strate- gies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mo- bility of people and goods. (G) CAPITAL INVESTMENT AND OTHER STRAT- EGIES.—Capital investment and other strate- gies to preserve the existing and projected future metropolitan transportation infra- structure, provide for multimodal capacity increases based on regional priorities and needs, and reduce the vulnerability of the existing transportation infrastructure to natural disasters. (H) TRANSPORTATION AND TRANSIT ENHANCE- MENT ACTIVITIES.—Proposed transportation and transit enhancement activities, includ- ing consideration of the role that intercity buses may play in reducing congestion, pol- lution, and energy consumption in a cost-ef- fective manner and strategies and invest- ments that preserve and enhance intercity bus systems, including systems that are pri- vately owned and operated. (3) COORDINATION WITH CLEAN AIR ACT AGEN- CIES.—In metropolitan areas that are in non- attainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the metropolitan planning organization shall coordinate the development of a transpor- tation plan with the process for development of the transportation control measures of the State implementation plan required by that Act. (4) OPTIONAL SCENARIO DEVELOPMENT.— (A) IN GENERAL.—A metropolitan planning organization may, while fitting the needs and complexity of its community, volun- tarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in ac- cordance with subparagraph (B). (B) RECOMMENDED COMPONENTS.—A metro- politan planning organization that chooses to develop multiple scenarios under subpara- graph (A) shall be encouraged to consider— Page 247 TITLE 49—TRANSPORTATION § 5303 (i) potential regional investment strate- gies for the planning horizon; (ii) assumed distribution of population and employment; (iii) assumed distribution of population and housing; (iv) a scenario that, to the maximum ex- tent practicable, maintains baseline condi- tions for the performance measures identi- fied in subsection (h)(2); (v) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible; (vi) revenue constrained scenarios based on the total revenues expected to be avail- able over the forecast period of the plan; and (vii) estimated costs and potential reve- nues available to support each scenario. (C) METRICS.—In addition to the perform- ance measures identified in section 150(c) of title 23, metropolitan planning organizations may evaluate scenarios developed under this paragraph using locally-developed measures. (5) CONSULTATION.— (A) IN GENERAL.—In each metropolitan area, the metropolitan planning organiza- tion shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environ- mental protection, conservation, and his- toric preservation concerning the develop- ment of a long-range transportation plan. (B) ISSUES.—The consultation shall in- volve, as appropriate— (i) comparison of transportation plans with State conservation plans or maps, if available; or (ii) comparison of transportation plans to inventories of natural or historic re- sources, if available. (6) PARTICIPATION BY INTERESTED PARTIES.— (A) IN GENERAL.—Each metropolitan plan- ning organization shall provide citizens, af- fected public agencies, representatives of public transportation employees, public ports, freight shippers, providers of freight transportation services, private providers of transportation (including intercity bus oper- ators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework pro- gram), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transpor- tation facilities, representatives of the dis- abled, affordable housing organizations, and other interested parties with a reasonable opportunity to comment on the transpor- tation plan. (B) CONTENTS OF PARTICIPATION PLAN.—A participation plan— (i) shall be developed in consultation with all interested parties; and (ii) shall provide that all interested par- ties have reasonable opportunities to com- ment on the contents of the transportation plan. (C) METHODS.—In carrying out subpara- graph (A), the metropolitan planning organi- zation shall, to the maximum extent prac- ticable— (i) hold any public meetings at conven- ient and accessible locations and times; (ii) employ visualization techniques to describe plans; and (iii) make public information available in electronically accessible format and means, such as the World Wide Web, as ap- propriate to afford reasonable opportunity for consideration of public information under subparagraph (A). (D) USE OF TECHNOLOGY.—A metropolitan planning organization may use social media and other web-based tools— (i) to further encourage public participa- tion; and (ii) to solicit public feedback during the transportation planning process. (7) PUBLICATION.—A transportation plan in- volving Federal participation shall be pub- lished or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum ex- tent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish. (8) SELECTION OF PROJECTS FROM ILLUS- TRATIVE LIST.—Notwithstanding paragraph (2)(E), a State or metropolitan planning orga- nization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(E). (j) METROPOLITAN TIP.— (1) DEVELOPMENT.— (A) IN GENERAL.—In cooperation with the State and any affected public transportation operator, the metropolitan planning organi- zation designated for a metropolitan area shall develop a TIP for the metropolitan planning area that— (i) contains projects consistent with the current metropolitan transportation plan; (ii) reflects the investment priorities es- tablished in the current metropolitan transportation plan; and (iii) once implemented, is designed to make progress toward achieving the per- formance targets established under sub- section (h)(2). (B) OPPORTUNITY FOR COMMENT.—In devel- oping the TIP, the metropolitan planning or- ganization, in cooperation with the State and any affected public transportation oper- ator, shall provide an opportunity for par- ticipation by interested parties in the devel- opment of the program, in accordance with subsection (i)(5). (C) FUNDING ESTIMATES.—For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively de- velop estimates of funds that are reasonably Page 248 TITLE 49—TRANSPORTATION § 5303 expected to be available to support program implementation. (D) UPDATING AND APPROVAL.—The TIP shall be— (i) updated at least once every 4 years; and (ii) approved by the metropolitan plan- ning organization and the Governor. (2) CONTENTS.— (A) PRIORITY LIST.—The TIP shall include a priority list of proposed Federally sup- ported projects and strategies to be carried out within each 4-year period after the ini- tial adoption of the TIP. (B) FINANCIAL PLAN.—The TIP shall in- clude a financial plan that— (i) demonstrates how the TIP can be im- plemented; (ii) indicates resources from public and private sources that are reasonably ex- pected to be available to carry out the pro- gram; (iii) identifies innovative financing tech- niques to finance projects, programs, and strategies; and (iv) may include, for illustrative pur- poses, additional projects that would be in- cluded in the approved TIP if reasonable additional resources beyond those identi- fied in the financial plan were available. (C) DESCRIPTIONS.—Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. (D) PERFORMANCE TARGET ACHIEVEMENT.— The transportation improvement program shall include, to the maximum extent prac- ticable, a description of the anticipated ef- fect of the transportation improvement pro- gram toward achieving the performance tar- gets established in the metropolitan trans- portation plan, linking investment priorities to those performance targets. (3) INCLUDED PROJECTS.— (A) PROJECTS UNDER THIS CHAPTER AND TITLE 23.—A TIP developed under this sub- section for a metropolitan area shall include the projects within the area that are pro- posed for funding under this chapter and chapter 1 of title 23. (B) PROJECTS UNDER CHAPTER 2 OF TITLE 23.— (i) REGIONALLY SIGNIFICANT PROJECTS.— Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transpor- tation improvement program. (ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally sig- nificant shall be grouped in 1 line item or identified individually in the transpor- tation improvement program. (C) CONSISTENCY WITH LONG-RANGE TRANS- PORTATION PLAN.—Each project shall be con- sistent with the long-range transportation plan developed under subsection (i) for the area. (D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—The program shall include a project, or an identified phase of a project, only if full funding can reasonably be antici- pated to be available for the project or the identified phase within the time period con- templated for completion of the project or the identified phase. (4) NOTICE AND COMMENT.—Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). (5) SELECTION OF PROJECTS.— (A) IN GENERAL.—Except as otherwise pro- vided in subsection (k)(4) and in addition to the TIP development required under para- graph (1), the selection of Federally funded projects in metropolitan areas shall be car- ried out, from the approved TIP— (i) by— (I) in the case of projects under title 23, the State; and (II) in the case of projects under this chapter, the designated recipients of public transportation funding; and (ii) in cooperation with the metropolitan planning organization. (B) MODIFICATIONS TO PROJECT PRIORITY.— Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the ap- proved TIP in place of another project in the program. (6) SELECTION OF PROJECTS FROM ILLUS- TRATIVE LIST.— (A) NO REQUIRED SELECTION.—Notwith- standing paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects in- cluded in the financial plan under paragraph (2)(B)(iv). (B) REQUIRED ACTION BY THE SECRETARY.— Action by the Secretary shall be required for a State or metropolitan planning organiza- tion to select any project from the illus- trative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. (7) PUBLICATION.— (A) PUBLICATION OF TIPS.—A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for pub- lic review. (B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.— (i) IN GENERAL.—An annual listing of projects, including investments in pedes- trian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan plan- ning organization for public review. Page 249 TITLE 49—TRANSPORTATION § 5303 (ii) REQUIREMENT.—The listing shall be consistent with the categories identified in the TIP. (k) TRANSPORTATION MANAGEMENT AREAS.— (1) IDENTIFICATION AND DESIGNATION.— (A) REQUIRED IDENTIFICATION.—The Sec- retary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals. (B) DESIGNATIONS ON REQUEST.—The Sec- retary shall designate any additional area as a transportation management area on the request of the Governor and the metropoli- tan planning organization designated for the area. (2) TRANSPORTATION PLANS.—In a transpor- tation management area, transportation plans shall be based on a continuing and comprehen- sive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators. (3) CONGESTION MANAGEMENT PROCESS.— (A) IN GENERAL.—Within a metropolitan planning area serving a transportation man- agement area, the transportation planning process under this section shall address con- gestion management through a process that provides for effective management and oper- ation, based on a cooperatively developed and implemented metropolitan-wide strat- egy, of new and existing transportation fa- cilities eligible for funding under this chap- ter and title 23 through the use of travel de- mand reduction (including intercity bus op- erators, employer-based commuting pro- grams, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects, and operational management strategies. (B) SCHEDULE.—The Secretary shall estab- lish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transportation manage- ment area. (C) CONGESTION MANAGEMENT PLAN.—A metropolitan planning organization serving a transportation management area may de- velop a plan that includes projects and strat- egies that will be considered in the TIP of such metropolitan planning organization. Such plan shall— (i) develop regional goals to reduce vehi- cle miles traveled during peak commuting hours and improve transportation connec- tions between areas with high job con- centration and areas with high concentra- tions of low-income households; (ii) identify existing public transpor- tation services, employer-based commuter programs, and other existing transpor- tation services that support access to jobs in the region; and (iii) identify proposed projects and pro- grams to reduce congestion and increase job access opportunities. (D) PARTICIPATION.—In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with em- ployers, private and non-profit providers of public transportation, transportation man- agement organizations, and organizations that provide job access reverse commute projects or job-related services to low-in- come individuals. (4) HOUSING COORDINATION PROCESS.— (A) IN GENERAL.—Within a metropolitan planning area serving a transportation man- agement area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integra- tion, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23. (B) COORDINATION IN INTEGRATED PLANNING PROCESS.—In carrying out the process de- scribed in subparagraph (A), a metropolitan planning organization may— (i) consult with— (I) State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and (II) other appropriate public or private entities; and (ii) coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing afford- ability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez Na- tional Affordable Housing Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1). (C) HOUSING COORDINATION PLAN.— (i) IN GENERAL.—A metropolitan plan- ning organization serving a transportation management area may develop a housing coordination plan that includes projects and strategies that may be considered in the metropolitan transportation plan of the metropolitan planning organization. (ii) CONTENTS.—A plan described in clause (i) may— (I) develop regional goals for the inte- gration of housing, transportation, and economic development strategies to— (aa) better connect housing and em- ployment while mitigating commuting times; (bb) align transportation improve- ments with housing needs, such as housing supply shortages, and proposed housing development; (cc) align planning for housing and transportation to address needs in re- lationship to household incomes within the metropolitan planning area; (dd) expand housing and economic development within the catchment areas of existing transportation facili- ties and public transportation services when appropriate, including higher- Page 250 TITLE 49—TRANSPORTATION § 5303 density development, as locally deter- mined; (ee) manage effects of growth of vehi- cle miles traveled experienced in the metropolitan planning area related to housing development and economic de- velopment; (ff) increase share of households with sufficient and affordable access to the transportation networks of the metro- politan planning area; (II) identify the location of existing and planned housing and employment, and transportation options that connect housing and employment; and (III) include a comparison of transpor- tation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership and housing development. (5) SELECTION OF PROJECTS.— (A) IN GENERAL.—All Federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under title 23 (excluding projects carried out on the Na- tional Highway System) or under this chap- ter shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator. (B) NATIONAL HIGHWAY SYSTEM PROJECTS.— Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the Na- tional Highway System shall be selected for implementation from the approved TIP by the State in cooperation with the metropoli- tan planning organization designated for the area. (6) CERTIFICATION.— (A) IN GENERAL.—The Secretary shall— (i) ensure that the metropolitan plan- ning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and (ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan plan- ning process. (B) REQUIREMENTS FOR CERTIFICATION.— The Secretary may make the certification under subparagraph (A) if— (i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and (ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor. (C) EFFECT OF FAILURE TO CERTIFY.— (i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning process of a metro- politan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the met- ropolitan planning organization for projects funded under this chapter and title 23. (ii) RESTORATION OF WITHHELD FUNDS.— The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. (D) REVIEW OF CERTIFICATION.—In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the met- ropolitan area under review. (l) REPORT ON PERFORMANCE-BASED PLANNING PROCESSES.— (1) IN GENERAL.—The Secretary shall submit to Congress a report on the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the re- quirements of this subsection. (2) REPORT.—Not later than 5 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to Congress a report evaluating— (A) the overall effectiveness of perform- ance-based planning as a tool for guiding transportation investments; (B) the effectiveness of the performance- based planning process of each metropolitan planning organization under this section; (C) the extent to which metropolitan plan- ning organizations have achieved, or are cur- rently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing mean- ingful performance targets; and (D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area with a popu- lation of 200,000 or less and their ability to carry out the requirements of this section. (3) PUBLICATION.—The report under para- graph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet. (m) ABBREVIATED PLANS FOR CERTAIN AREAS.— (1) IN GENERAL.—Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transpor- tation plan and TIP for the metropolitan plan- ning area that the Secretary determines is ap- propriate to achieve the purposes of this sec- tion, taking into account the complexity of transportation problems in the area. (2) NONATTAINMENT AREAS.—The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). (n) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT AREAS.— Page 251 TITLE 49—TRANSPORTATION § 5303 1 So in original. (1) IN GENERAL.—Notwithstanding any other provisions of this chapter or title 23, for trans- portation management areas classified as non- attainment for ozone or carbon monoxide pur- suant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal funds may not be advanced in such area for any highway project that will re- sult in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. (2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropoli- tan planning area boundaries determined under subsection (e). (o) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this chapter or title 23. (p) FUNDING.—Funds apportioned under sec- tion 104(b)(6) of title 23 or section 5305(g) shall be available to carry out this section. (q) CONTINUATION OF CURRENT REVIEW PRAC- TICE.—Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects in- cluded in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs de- scribed in this section have not been reviewed under that Act as of January 1, 1997, any deci- sion by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under that Act. (r) BI-STATE METROPOLITAN PLANNING ORGANI- ZATION.— (1) DEFINITION OF BI-STATE MPO REGION.—In this subsection, the term ‘‘Bi-State Metropoli- tan Planning Organization’’ has the meaning given the term ‘‘region’’ in subsection (a) of Article II of the Lake Tahoe Regional Plan- ning Compact (Public Law 96–551; 94 Stat. 3234). (2) TREATMENT.—For the purpose of this title, the Bi-State Metropolitan Planning Or- ganization shall be treated as— (A) a metropolitan planning organization; (B) a transportation management area under subsection (k); and (C) an urbanized area, which is comprised of a population of 145,000 and 25 square miles of land area and 25 square miles of land area 1 in the State of California and a popu- lation of 65,000 and 12 square miles of land area and 12 square miles of land area 1 in the State of Nevada. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 788; Pub. L. 104–287, § 5(10), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105–102, § 2(4), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105–178, title III, §§ 3004, 3029(b)(1)–(3), June 9, 1998, 112 Stat. 341, 372; Pub. L. 105–206, title IX, § 9009(b), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, § 3005(a), Aug. 10, 2005, 119 Stat. 1547; Pub. L. 110–244, title II, § 201(b), June 6, 2008, 122 Stat. 1609; Pub. L. 112–141, div. B, § 20005(a), July 6, 2012, 126 Stat. 628; Pub. L. 114–94, div. A, title III, § 3003(a), Dec. 4, 2015, 129 Stat. 1447; Pub. L. 114–322, title III, § 3603(f)(3), Dec. 16, 2016, 130 Stat. 1789; Pub. L. 115–31, div. K, title I, § 192, May 5, 2017, 131 Stat. 756; Pub. L. 117–58, div. C, § 30002, Nov. 15, 2021, 135 Stat. 890.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 5303(a) ........ 49 App.:1607(a) (2d–last sen- tences). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(a) (2d–last sentences)–(g), (n); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; re- stated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2098, 2104. 5303(b) ........ 49 App.:1607(f). 5303(c)(1) .... 49 App.:1607(b)(1). 5303(c)(2) .... 49 App.:1607(b)(2). 5303(c)(3) .... 49 App.:1607(b)(6). 5303(c)(4) .... 49 App.:1607(b)(4). 5303(c)(5) .... 49 App.:1607(b)(5). 5303(c)(6) .... 49 App.:1607(b)(3). 5303(d) ........ 49 App.:1607(c). 5303(e) ........ 49 App.:1607(d), (e). 5303(f) ........ 49 App.:1607(g). 5303(g) ........ 49 App.:1607(n). 5303(h) ....... 49 App.:1607(p). July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(p); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; re- stated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2105; Oct. 6, 1992, Pub. L. 102–388, § 502(h), 106 Stat. 1566. In this section, the word ‘‘together’’ is omitted as surplus. The words ‘‘Secretary of Commerce’’ are sub- stituted for ‘‘Bureau of the Census’’ because of 15:1511(e). In subsection (b)(2), the word ‘‘applicable’’ is omitted as surplus. In subsection (b)(3), the words ‘‘where it does not yet occur’’ are omitted as surplus. In subsection (b)(4), the words ‘‘the provisions of all applicable’’ are omitted as surplus. In subsection (c)(4), before clause (A), the words ‘‘whether made under this section or other provisions of law’’ are omitted as surplus. In subsection (d), the word ‘‘entire’’ is omitted as sur- plus. In subsection (e)(2), the words ‘‘or compacts’’ and ‘‘joint or otherwise’’ are omitted as surplus. In subsection (f)(3), the word ‘‘area’’ is added for clar- ity and consistency with 42:7501(2). In subsection (f)(5)(A), the words ‘‘published or other- wise’’ are omitted as surplus. In subsection (g), before clause (1), the words ‘‘local governmental authorities’’ are substituted for ‘‘local public bodies’’, and the words ‘‘departments, agencies, and instrumentalities of the Government’’ are sub- stituted for ‘‘Federal departments and agencies’’, for consistency in the revised title and with other titles of the United States Code. In subsection (h)(6)(A), the words ‘‘for obligation’’, ‘‘a period of’’, and ‘‘the close of’’ are omitted as surplus. PUB. L. 104–287 This amends 49:5303(f)(2) and (h)(4) to correct erro- neous cross-references. PUB. L. 105–102, § 2(4)(A) This amends 49:5303(c)(1) to correct an erroneous cross-reference. Page 252 TITLE 49—TRANSPORTATION § 5303 PUB. L. 105–102, § 2(4)(B) This amends 49:5303(c)(4)(A) to correct an erroneous cross-reference. PUB. L. 105–102, § 2(4)(C) This amends 49:5303(c)(5)(A) to correct an erroneous cross-reference. Editorial Notes REFERENCES IN TEXT The date of enactment of the Federal Public Trans- portation Act of 2012, referred to in subsecs. (d)(2) and (l)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways. The Clean Air Act, referred to in subsecs. (e)(4)(A), (5)(D), (g)(1), (i)(3), (m)(2), and (n)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. The date of enactment of the SAFETEA-LU, referred to in subsec. (e)(4)(A), (5), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005. The National Environmental Policy Act of 1969, re- ferred to in subsec. (q), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 117–58, § 30002(a)(1), in- serted ‘‘and better connect housing and employment’’ after ‘‘urbanized areas’’. Subsec. (d)(3)(D). Pub. L. 117–58, § 30002(b)(1)(A), added subpar. (D). Subsec. (d)(7). Pub. L. 117–58, § 30002(b)(1)(B), sub- stituted ‘‘an existing urbanized area (as defined by the Bureau of the Census)’’ for ‘‘an existing metropolitan planning area’’ and ‘‘the area’’ for ‘‘the existing metro- politan planning area’’. Subsec. (g)(1). Pub. L. 117–58, § 30002(b)(2)(A), sub- stituted ‘‘an urbanized area (as defined by the Bureau of the Census)’’ for ‘‘a metropolitan area’’. Subsec. (g)(3)(A). Pub. L. 117–58, § 30002(a)(2), inserted ‘‘housing,’’ after ‘‘economic development,’’. Subsec. (g)(4), (5). Pub. L. 117–58, § 30002(b)(2)(B), added pars. (4) and (5). Subsec. (h)(1)(E). Pub. L. 117–58, § 30002(a)(3), inserted ‘‘, housing,’’ after ‘‘growth’’. Subsec. (i)(4)(B)(iii) to (vii). Pub. L. 117–58, § 30002(a)(4)(A), added cl. (iii) and redesignated former cls. (iii) to (vi) as (iv) to (vii), respectively. Subsec. (i)(6)(A). Pub. L. 117–58, § 30002(a)(4)(B), in- serted ‘‘affordable housing organizations,’’ after ‘‘dis- abled,’’. Subsec. (i)(6)(D). Pub. L. 117–58, § 30002(b)(3), added subpar. (D). Subsec. (k)(4) to (6). Pub. L. 117–58, § 30002(a)(5), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. Subsec. (p). Pub. L. 117–58, § 30002(b)(4), substituted ‘‘section 104(b)(6)’’ for ‘‘section 104(b)(5)’’. 2017—Subsec. (r)(2)(C). Pub. L. 115–31 made amend- ment identical to that made by Pub. L. 114–322. See 2016 Amendment note below. 2016—Subsec. (r)(2)(C). Pub. L. 114–322 inserted ‘‘and 25 square miles of land area’’ after ‘‘145,000’’ and ‘‘and 12 square miles of land area’’ after ‘‘65,000’’. 2015—Subsec. (a)(1). Pub. L. 114–94, § 3003(a)(1), in- serted ‘‘resilient’’ after ‘‘development of’’. Subsec. (c)(2). Pub. L. 114–94, § 3003(a)(2), substituted ‘‘, bicycle transportation facilities, and intermodal fa- cilities that support intercity transportation, including intercity buses and intercity bus facilities and com- muter vanpool providers’’ for ‘‘and bicycle transpor- tation facilities’’. Subsec. (d)(3) to (7). Pub. L. 114–94, § 3003(a)(3), added par. (3), redesignated pars. (3) to (6) as (4) to (7), respec- tively, and in par. (5), substituted ‘‘paragraph (6)’’ for ‘‘paragraph (5)’’. Subsec. (e)(4)(B). Pub. L. 114–94, § 3003(a)(4), sub- stituted ‘‘subsection (d)(6)’’ for ‘‘subsection (d)(5)’’. Subsec. (g)(3)(A). Pub. L. 114–94, § 3003(a)(5), inserted ‘‘tourism, natural disaster risk reduction,’’ after ‘‘eco- nomic development,’’. Subsec. (h)(1)(I). Pub. L. 114–94, § 3003(a)(6), added sub- par. (I). Subsec. (i)(2)(A)(i). Pub. L. 114–94, § 3003(a)(7)(A)(i), substituted ‘‘public transportation facilities, intercity bus facilities’’ for ‘‘transit’’. Subsec. (i)(2)(G). Pub. L. 114–94, § 3003(a)(7)(A)(ii), sub- stituted ‘‘, provide’’ for ‘‘and provide’’ and inserted be- fore period at end ‘‘, and reduce the vulnerability of the existing transportation infrastructure to natural disasters’’. Subsec. (i)(2)(H). Pub. L. 114–94, § 3003(a)(7)(A)(iii), in- serted before period at end ‘‘, including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, in- cluding systems that are privately owned and oper- ated’’. Subsec. (i)(6)(A). Pub. L. 114–94, § 3003(a)(7)(B), in- serted ‘‘public ports,’’ before ‘‘freight shippers,’’ and ‘‘(including intercity bus operators, employer-based commuting programs, such as a carpool program, van- pool program, transit benefit program, parking cash- out program, shuttle program, or telework program)’’ after ‘‘private providers of transportation’’. Subsec. (i)(8). Pub. L. 114–94, § 3003(a)(7)(C), sub- stituted ‘‘paragraph (2)(E)’’ for ‘‘paragraph (2)(C)’’ in two places. Subsec. (k)(3)(A). Pub. L. 114–94, § 3003(a)(8)(A), in- serted ‘‘(including intercity bus operators, employer- based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework pro- gram), job access projects,’’ after ‘‘travel demand re- duction’’. Subsec. (k)(3)(C), (D). Pub. L. 114–94, § 3003(a)(8)(B), added subpars. (C) and (D). Subsec. (l)(1). Pub. L. 114–94, § 3003(a)(9)(A), inserted a period at end. Subsec. (l)(2)(D). Pub. L. 114–94, § 3003(a)(9)(B), sub- stituted ‘‘with a population of 200,000 or less’’ for ‘‘of less than 200,000’’. Subsec. (p). Pub. L. 114–94, § 3003(a)(10), substituted ‘‘Funds apportioned under section 104(b)(5)’’ for ‘‘Funds set aside under section 104(f)’’. Subsec. (r). Pub. L. 114–94, § 3003(a)(11), added subsec. (r). 2012—Pub. L. 112–141 amended section generally, sub- stituting provisions consisting of subsecs. (a) to (q), in- cluding requirement to submit report on performance- based planning processes, for former provisions con- sisting of subsecs. (a) to (p). 2008—Subsec. (f)(3)(C)(ii)(II). Pub. L. 110–244, § 201(b)(1), added subcl. (II) and struck out former subcl. (II). Prior to amendment, text read as follows: ‘‘In addi- tion to funds made available to the metropolitan plan- ning organization for the Lake Tahoe region under other provisions of this chapter and title 23, 1 percent of the funds allocated under section 202 of title 23 shall be used to carry out the transportation planning proc- ess for the Lake Tahoe region under this subpara- graph.’’ Subsec. (j)(3)(D). Pub. L. 110–244, § 201(b)(2), inserted ‘‘or the identified phase’’ after ‘‘the project’’ in two places. Subsec. (k)(2). Pub. L. 110–244, § 201(b)(3), struck out ‘‘a metropolitan planning area serving’’ before ‘‘a transportation management area,’’. Page 253 TITLE 49—TRANSPORTATION § 5303 2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of a metro- politan planning organization for each urbanized area with a population of more than 50,000, general require- ments, scope of planning process, boundaries of each area, coordination in multistate areas, development of long-range transportation plans, grants for studies and evaluations, and apportionment of funds. 1998—Subsecs. (a), (b). Pub. L. 105–178, § 3004(a), added subsecs. (a) and (b) and struck out headings and text of former subsecs. (a) and (b) which related to develop- ment requirements and plan and program factors, re- spectively. Subsec. (c)(1)(A). Pub. L. 105–178, § 3004(b)(1)(B), sub- stituted ‘‘or cities, as defined by the Bureau of the Cen- sus)’’ for ‘‘as defined by the Secretary of Commerce)’’. Pub. L. 105–178, § 3004(b)(1)(A), as amended by Pub. L. 105–206, § 9009(b)(1)(A), substituted ‘‘general purpose local government that together represent’’ for ‘‘general local government representing’’. Subsec. (c)(2). Pub. L. 105–178, § 3004(b)(2), substituted ‘‘Each policy board of a metropolitan planning organi- zation that serves an area designated as a transpor- tation management area when designated or redesig- nated under this subsection shall consist of’’ for ‘‘In a metropolitan area designated as a transportation man- agement area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include’’ and ‘‘officials of public agencies’’ for ‘‘of- ficials of authorities’’. Subsec. (c)(3). Pub. L. 105–178, § 3004(b)(3), as amended by Pub. L. 105–206, § 9009(b)(1)(B), substituted ‘‘within an existing metropolitan planning area only if the chief executive officer of the State and the existing metro- politan organization determine that the size and com- plexity of the existing metropolitan planning area’’ for ‘‘in an urbanized area (as defined by the Secretary of Commerce) only if the chief executive officer decides that the size and complexity of the urbanized area’’. Subsec. (c)(4)(A). Pub. L. 105–178, § 3004(b)(4), as added by Pub. L. 105–206, § 9009(b)(1)(E), directed an amend- ment identical to that made by Pub. L. 105–102, § 2(4)(B). See 1997 Amendment note below. Subsec. (c)(5)(A). Pub. L. 105–178, § 3004(b)(5)(A), for- merly § 3004(b)(4)(A), as renumbered and amended by Pub. L. 105–206, § 9009(b)(1)(C), (D), substituted ‘‘general purpose local government that together represent’’ for ‘‘general local government representing’’. Subsec. (c)(5)(B). Pub. L. 105–178, § 3004(b)(5)(B), for- merly § 3004(b)(4)(B), as renumbered by Pub. L. 105–206, § 9009(b)(1)(D), substituted ‘‘or cities, as defined by the Bureau of the Census)’’ for ‘‘as defined by the Secretary of Commerce)’’. Subsec. (c)(5)(D). Pub. L. 105–178, § 3004(b)(5)(C), for- merly § 3004(b)(4)(C), as renumbered by Pub. L. 105–206, § 9009(b)(1)(D), added subpar. (D). Subsec. (d). Pub. L. 105–178, § 3004(c), inserted ‘‘Plan- ning’’ after ‘‘Metropolitan’’ in subsec. heading, des- ignated existing provisions as par. (1), inserted par. heading, realigned margins, inserted ‘‘planning’’ before ‘‘area’’ in first sentence and substituted pars. (2) to (4) for ‘‘The area shall cover at least the existing urban- ized area and the contiguous area expected to become urbanized within the 20-year forecast period and may include the Metropolitan Statistical Area or Consoli- dated Metropolitan Statistical Area, as defined by the Secretary of Commerce. An area designated as a non- attainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) shall include at least the boundaries of the nonattainment area, ex- cept as the chief executive officer and metropolitan planning organization otherwise agree.’’ Subsec. (e)(2). Pub. L. 105–178, § 3004(d)(1), inserted ‘‘or compact’’ after ‘‘2 States making an agreement’’ and substituted ‘‘making the agreements and compacts ef- fective’’ for ‘‘making the agreement effective’’. Subsec. (e)(4) to (6). Pub. L. 105–178, § 3004(d)(2), as amended by Pub. L. 105–206, § 9009(b)(2), added pars. (4) to (6). Subsec. (f). Pub. L. 105–178, § 3004(e)(5), substituted ‘‘Developing Long-Range Transportation Plans’’ for ‘‘Developing Long-Range Plans’’ in heading. Pub. L. 105–178, § 3004(e)(6), which directed substi- tution of ‘‘long-range transportation plans’’ for ‘‘long- range plans’’ wherever appearing, could not be executed because ‘‘long-range plans’’ does not appear in text. Subsec. (f)(1)(A). Pub. L. 105–178, § 3004(e)(1)(A), sub- stituted ‘‘national, regional, and metropolitan trans- portation functions’’ for ‘‘United States and regional transportation functions’’. Subsec. (f)(1)(B)(iii). Pub. L. 105–178, § 3004(e)(1)(B), added cl. (iii) and struck out former cl. (iii) which read as follows: ‘‘recommends innovative financing tech- niques, including value capture, tolls, and congestion pricing, to finance needed projects and programs;’’. Subsec. (f)(1)(C). Pub. L. 105–178, § 3004(e)(1)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: ‘‘assess capital investment and other measures necessary— ‘‘(i) to ensure the preservation of the existing met- ropolitan transportation system, including require- ments for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, and operations, maintenance, mod- ernization, and rehabilitation of existing and future mass transportation facilities; and ‘‘(ii) to use existing transportation facilities most efficiently to relieve vehicular congestion and maxi- mize the mobility of individuals and goods; and’’. Subsec. (f)(1)(E). Pub. L. 105–178, § 3004(f)(1), as added by Pub. L. 105–206, § 9009(b)(3), added subpar. (E). Subsec. (f)(2). Pub. L. 105–178, § 3004(e)(2), substituted ‘‘and any State or local goals developed within the co- operative metropolitan planning process as they relate to a 20-year forecast period and to other forecast peri- ods as determined by the participants in the planning process’’ for ‘‘as they are related to a 20-year forecast period’’. Subsec. (f)(4). Pub. L. 105–178, § 3004(e)(3), inserted ‘‘freight shippers, providers of freight transportation services,’’ after ‘‘mass transportation authority em- ployees,’’ and ‘‘representatives of users of public tran- sit,’’ after ‘‘private providers of transportation,’’. Subsec. (f)(5)(A). Pub. L. 105–178, § 3004(e)(4), inserted ‘‘published or otherwise’’ before ‘‘made readily avail- able’’. Subsec. (f)(6). Pub. L. 105–178, § 3004(f)(2), as added by Pub. L. 105–206, § 9009(b)(3), added par. (6). Subsec. (h)(1). Pub. L. 105–178, § 3029(b)(1), (2), sub- stituted ‘‘subsection (c) or (h)(1) of section 5338 of this title’’ for ‘‘section 5338(g)(1) of this title’’ and ‘‘sections 5304 and 5305 of this title’’ for ‘‘sections 5304–5306 of this title’’. Subsec. (h)(2)(A), (3)(A). Pub. L. 105–178, § 3029(b)(1), substituted ‘‘subsection (c) or (h)(1) of section 5338 of this title’’ for ‘‘section 5338(g)(1) of this title’’. Subsec. (h)(4). Pub. L. 105–178, § 3029(b)(3), substituted ‘‘subsection (c) or (h)(1) of section 5338 of this title’’ for ‘‘section 5338(g) of this title’’. 1997—Subsec. (c)(1). Pub. L. 105–102, § 2(4)(A), inserted ‘‘and sections 5304–5306 of this title’’ after ‘‘this sec- tion’’. Subsec. (c)(4)(A). Pub. L. 105–102, § 2(4)(B), substituted ‘‘paragraph (5)’’ for ‘‘paragraph (3)’’. Subsec. (c)(5)(A). Pub. L. 105–102, § 2(4)(C), inserted ‘‘and sections 5304–5306 of this title’’ after ‘‘this sec- tion’’. 1996—Subsec. (f)(2). Pub. L. 104–287, § 5(10)(A), sub- stituted ‘‘subsection (b)’’ for ‘‘subsection (e)’’. Subsec. (h)(4). Pub. L. 104–287, § 5(10)(B), substituted ‘‘section 5338(g)’’ for ‘‘5338(g)(1)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Page 254 TITLE 49—TRANSPORTATION § 5304 EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1998 AMENDMENT Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of Title 23, Highways. EFFECTIVE DATE OF 1996 AMENDMENT Section 8(1) of Pub. L. 104–287, as amended by Pub. L. 105–102, § 3(d)(2)(A), Nov. 20, 1997, 111 Stat. 2215, provided that: ‘‘The amendments made by sections 3 and 5(10)–(17), (19), (20), (52), (53), (55), (61), (62), (65), (70), (77)–(79), and (91)–(93) of this Act [amending this sec- tion, sections 5307, 5309, 5315, 5317, 5323, 5325, 5327, 5336, 5338, 20301, 21301, 22106, 32702, 32705, 40109, 41109, 46301, 46306, 46316, 60114, 70102, and 70112 of this title, and sec- tion 1445 of Title 28, Judiciary and Judicial Procedure] shall take effect on July 5, 1994.’’ PILOT PROGRAM FOR TRANSIT-ORIENTED DEVELOPMENT PLANNING Pub. L. 112–141, div. B, § 20005(b), July 6, 2012, 126 Stat. 642, as amended by Pub. L. 117–58, div. C, § 30009, Nov. 15, 2021, 135 Stat. 904, provided that: ‘‘(1) DEFINITIONS.—In this subsection the following definitions shall apply: ‘‘(A) ELIGIBLE PROJECT.—The term ‘eligible project’ means a new fixed guideway capital project or a core capacity improvement project, as those terms are de- fined in section 5309 of title 49, United States Code, as amended by this division. ‘‘(B) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation. ‘‘(2) GENERAL AUTHORITY.—The Secretary may make grants under this subsection to a State or local govern- mental authority to assist in financing comprehensive or site-specific planning associated with an eligible project that seeks to— ‘‘(A) enhance economic development, ridership, and other goals established during the project develop- ment and engineering processes; ‘‘(B) facilitate multimodal connectivity and acces- sibility; ‘‘(C) increase access to transit hubs for pedestrian and bicycle traffic; ‘‘(D) enable mixed-use development; ‘‘(E) identify infrastructure needs associated with the eligible project; and ‘‘(F) include private sector participation. ‘‘(3) ELIGIBILITY.—A State or local governmental au- thority that desires to participate in the program under this subsection shall submit to the Secretary an application that contains, at a minimum— ‘‘(A) identification of an eligible project; ‘‘(B) a schedule and process for the development of a comprehensive plan or a site-specific plan; ‘‘(C) a description of how the eligible project and the proposed comprehensive plan or the proposed site-specific plan advance the metropolitan transpor- tation plan of the metropolitan planning organiza- tion; ‘‘(D) proposed performance criteria for the develop- ment and implementation of the comprehensive plan or the site-specific plan; and ‘‘(E) identification of— ‘‘(i) partners; ‘‘(ii) availability of and authority for funding; and ‘‘(iii) potential State, local or other impediments to the implementation of the comprehensive plan or the site-specific plan.’’ GUIDANCE ON DOCUMENTING COMPLIANCE WITH RE- QUIREMENTS OF PRIVATE ENTERPRISE PARTICIPATION IN PUBLIC TRANSPORTATION PLANNING AND TRANS- PORTATION IMPROVEMENT PROGRAMS Pub. L. 112–141, div. B, § 20013(d), July 6, 2012, 126 Stat. 694, as amended by Pub. L. 114–94, div. A, title III, § 3010(b), Dec. 4, 2015, 129 Stat. 1474, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Sec- retary [of Transportation] shall publish in the Federal Register policy guidance regarding how to best docu- ment compliance by recipients of Federal assistance under chapter 53 of title 49, United States Code, with the requirements regarding private enterprise partici- pation in public transportation planning and transpor- tation improvement programs under sections 5303(i)(6), 5306(a), and 5307(b) of such title 49.’’ SCHEDULE FOR IMPLEMENTATION Pub. L. 109–59, title III, § 3005(b), Aug. 10, 2005, 119 Stat. 1559, required the Secretary of Transportation to issue guidance on a schedule for implementation of the changes made to this section by section 3005(a) of Pub. L. 109–59 and required State or metropolitan planning organization plan or program updates to reflect such changes beginning July 1, 2007. § 5304. Statewide and nonmetropolitan transpor- tation planning (a) GENERAL REQUIREMENTS.— (1) DEVELOPMENT OF PLANS AND PROGRAMS.— Subject to section 5303, to accomplish the ob- jectives stated in section 5303(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State. (2) CONTENTS.—The statewide transportation plan and the transportation improvement pro- gram developed for each State shall provide for the development and integrated manage- ment and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support inter- city transportation, including intercity buses and intercity bus facilities and commuter van- pool providers) that will function as an inter- modal transportation system for the State and an integral part of an intermodal transpor- tation system for the United States. (3) PROCESS OF DEVELOPMENT.—The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of trans- portation and the policies stated in section 5303(a) and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. (b) COORDINATION WITH METROPOLITAN PLAN- NING; STATE IMPLEMENTATION PLAN.—A State shall— (1) coordinate planning carried out under this section with the transportation planning activities carried out under section 5303 for metropolitan areas of the State and with statewide trade and economic development