(a)
(1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas and better connect housing and employment, while minimizing transportation-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 statewide 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)
(1)
(2)
(3)
(4)
(5)
(6) TIP.—The term "TIP" means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
(7)
(c)
(1)
(2)
(3)
(d)
(1)
(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as determined by the Bureau of the Census); or
(B) in accordance with procedures established by applicable State or local law.
(2)
(A) local elected officials;
(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and
(C) appropriate State officials.
(3)
(A)
(B)
(C)
(D)
(4)
(A) to develop the plans and TIPs for adoption by a metropolitan planning organization; and
(B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.
(5)
(6)
(A)
(B)
(7)
(e)
(1)
(2)
(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and
(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.
(3)
(4)
(A)
(B)
(5)
(A) shall be established in the manner described 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)
(1)
(2)
(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 otherwise, as the States may determine desirable for making the agreements and compacts effective.
(3)
(g) MPO
(1)
(2)
(3)
(A)
(B)
(i) recipients of assistance under this chapter;
(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and
(iii) recipients of assistance under section 204 of title 23.
(4)
(5)
(h)
(1)
(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency;
(B) increase the safety of the transportation system for motorized and nonmotorized users;
(C) increase the security of the transportation system for motorized and nonmotorized 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 between 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 existing transportation system; and
(I) improve the resiliency and reliability of the transportation system.
(2)
(A)
(B)
(i)
(I)
(II)
(ii)
(C)
(D)
(3)
(i)
(1)
(A)
(B)
(i)
(I) Any area designated as nonattainment, 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 attainment 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)
(2)
(A)
(i)
(ii)
(B)
(C)
(i) progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and
(ii) for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets.
(D)
(i)
(ii)
(E)
(i)
(I) demonstrates how the adopted transportation plan can be implemented;
(II) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and
(III) recommends any additional financing strategies for needed projects and programs.
(ii)
(iii)
(F)
(G)
(H)
(3)
(4)
(A)
(B)
(i) potential regional investment strategies 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 extent practicable, maintains baseline conditions for the performance measures identified 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 available over the forecast period of the plan; and
(vii) estimated costs and potential revenues available to support each scenario.
(C)
(5)
(A)
(B)
(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 resources, if available.
(6)
(A)
(B)
(i) shall be developed in consultation with all interested parties; and
(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan.
(C)
(i) hold any public meetings at convenient 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 appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A).
(D)
(i) to further encourage public participation; and
(ii) to solicit public feedback during the transportation planning process.
(7)
(8)
(j)
(1)
(A)
(i) contains projects consistent with the current metropolitan transportation plan;
(ii) reflects the investment priorities established in the current metropolitan transportation plan; and
(iii) once implemented, is designed to make progress toward achieving the performance targets established under subsection (h)(2).
(B)
(C)
(D)
(i) updated at least once every 4 years; and
(ii) approved by the metropolitan planning organization and the Governor.
(2)
(A)
(B)
(i) demonstrates how the TIP can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program;
(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and
(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available.
(C)
(D)
(3)
(A)
(B)
(i)
(ii)
(C)
(D)
(4)
(5)
(A)
(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)
(6)
(A)
(B)
(7)
(A)
(B)
(i)
(ii)
(k)
(1)
(A)
(B)
(2)
(3)
(A)
(B)
(C)
(i) develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households;
(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and
(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities.
(D)
(4)
(A)
(B)
(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 affordability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez National 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)
(i)
(ii)
(I) develop regional goals for the integration of housing, transportation, and economic development strategies to—
(aa) better connect housing and employment while mitigating commuting times;
(bb) align transportation improvements with housing needs, such as housing supply shortages, and proposed housing development;
(cc) align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area;
(dd) expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate, including higher-density development, as locally determined;
(ee) manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development;
(ff) increase share of households with sufficient and affordable access to the transportation networks of the metropolitan 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 transportation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership and housing development.
(5)
(A)
(B)
(6)
(A)
(i) ensure that the metropolitan planning 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 planning process.
(B)
(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)
(i)
(ii)
(D)
(l)
(1)
(2)
(A) the overall effectiveness of performance-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 planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and
(D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area with a population of 200,000 or less and their ability to carry out the requirements of this section.
(3)
(m)
(1)
(2)
(n)
(1)
(2)
(o)
(p)
(q)
(r)
(1)
(2)
(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 population 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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5303(a) | 49 App.:1607(a) (2d–last sentences). | 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; restated 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; restated 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 substituted 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 surplus.
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 clarity and consistency with 42:7501(2).
In subsection (f)(5)(A), the words "published or otherwise" 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 substituted 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.
This amends 49:5303(f)(2) and (h)(4) to correct erroneous cross-references.
This amends 49:5303(c)(1) to correct an erroneous cross-reference.
This amends 49:5303(c)(4)(A) to correct an erroneous cross-reference.
This amends 49:5303(c)(5)(A) to correct an erroneous cross-reference.
The date of enactment of the Federal Public Transportation 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, referred 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 Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
2021—Subsec. (a)(1). Pub. L. 117–58, §30002(a)(1), inserted "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), substituted "an existing urbanized area (as defined by the Bureau of the Census)" for "an existing metropolitan planning area" and "the area" for "the existing metropolitan planning area".
Subsec. (g)(1). Pub. L. 117–58, §30002(b)(2)(A), substituted "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), inserted "affordable housing organizations," after "disabled,".
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 amendment 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), inserted "resilient" after "development of".
Subsec. (c)(2). Pub. L. 114–94, §3003(a)(2), substituted ", bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers" for "and bicycle transportation 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), respectively, and in par. (5), substituted "paragraph (6)" for "paragraph (5)".
Subsec. (e)(4)(B). Pub. L. 114–94, §3003(a)(4), substituted "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 "economic development,".
Subsec. (h)(1)(I). Pub. L. 114–94, §3003(a)(6), added subpar. (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), substituted ", provide" for "and provide" and inserted before 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), inserted 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, including systems that are privately owned and operated".
Subsec. (i)(6)(A). Pub. L. 114–94, §3003(a)(7)(B), inserted "public ports," before "freight shippers," and "(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 program)" after "private providers of transportation".
Subsec. (i)(8). Pub. L. 114–94, §3003(a)(7)(C), substituted "paragraph (2)(E)" for "paragraph (2)(C)" in two places.
Subsec. (k)(3)(A). Pub. L. 114–94, §3003(a)(8)(A), inserted "(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 program), job access projects," after "travel demand reduction".
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), substituted "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, substituting provisions consisting of subsecs. (a) to (q), including requirement to submit report on performance-based planning processes, for former provisions consisting 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 addition to funds made available to the metropolitan planning 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 process for the Lake Tahoe region under this subparagraph."
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,".
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 metropolitan planning organization for each urbanized area with a population of more than 50,000, general requirements, 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 development requirements and plan and program factors, respectively.
Subsec. (c)(1)(A). Pub. L. 105–178, §3004(b)(1)(B), substituted "or cities, as defined by the Bureau of the Census)" 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 organization that serves an area designated as a transportation management area when designated or redesignated under this subsection shall consist of" for "In a metropolitan area designated as a transportation management area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include" and "officials of public agencies" for "officials 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 metropolitan organization determine that the size and complexity 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 amendment 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), formerly §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), formerly §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), formerly §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 "Planning" after "Metropolitan" in subsec. heading, designated 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 urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may include the Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area, as defined by the Secretary of Commerce. An area designated as a nonattainment 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, except 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 effective" 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 substitution 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), substituted "national, regional, and metropolitan transportation 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 techniques, 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 metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, and operations, maintenance, modernization, and rehabilitation of existing and future mass transportation facilities; and
"(ii) to use existing transportation facilities most efficiently to relieve vehicular congestion and maximize 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 cooperative metropolitan planning process as they relate to a 20-year forecast period and to other forecast periods 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 employees," and "representatives of users of public transit," after "private providers of transportation,".
Subsec. (f)(5)(A). Pub. L. 105–178, §3004(e)(4), inserted "published or otherwise" before "made readily available".
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), substituted "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 section".
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 section".
1996—Subsec. (f)(2). Pub. L. 104–287, §5(10)(A), substituted "subsection (b)" for "subsection (e)".
Subsec. (h)(4). Pub. L. 104–287, §5(10)(B), substituted "section 5338(g)" for "5338(g)(1)".
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.
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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.
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 section, 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 section 1445 of Title 28, Judiciary and Judicial Procedure] shall take effect on July 5, 1994."
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)
"(A)
"(B)
"(2)
"(A) enhance economic development, ridership, and other goals established during the project development and engineering processes;
"(B) facilitate multimodal connectivity and accessibility;
"(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)
"(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 transportation plan of the metropolitan planning organization;
"(D) proposed performance criteria for the development 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."
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 Secretary [of Transportation] shall publish in the Federal Register policy guidance regarding how to best document compliance by recipients of Federal assistance under chapter 53 of title 49, United States Code, with the requirements regarding private enterprise participation in public transportation planning and transportation improvement programs under sections 5303(i)(6), 5306(a), and 5307(b) of such title 49."
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.