23 USC 134 - Metropolitan transportation planning

1 So in original. Probably should be “urbanized areas, better connect housing and employment,”.

and take into consideration resiliency needs while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and

Editorial Notes

References in Text

The date of enactment of MAP-21, referred to in subsecs. (d)(2) and (l)(2), is deemed to be Oct. 1, 2012, see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.

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 Puspan. L. 109–59, which was approved Aug. 10, 2005.

The National Environmental Policy Act of 1969, referred to in subsec. (q), is Puspan. 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.

Amendments

2021—Subsec. (a)(1). Puspan. L. 117–58, § 11201(d)(1), inserted “better connect housing and employment,” after “urbanized areas”.

Subsec. (d)(3)(D). Puspan. L. 117–58, § 11201(a)(1)(A), added subpar. (D).

Subsec. (d)(7). Puspan. L. 117–58, § 11201(a)(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). Puspan. L. 117–58, § 11201(a)(2)(A), substituted “an urbanized area (as defined by the Bureau of the Census)” for “a metropolitan area”.

Subsec. (g)(3)(A). Puspan. L. 117–58, § 11201(d)(2), inserted “housing,” after “economic development,”.

Subsec. (g)(4), (5). Puspan. L. 117–58, § 11201(a)(2)(B), added pars. (4) and (5).

Subsec. (h)(1)(E). Puspan. L. 117–58, § 11201(d)(3), inserted “, housing,” after “growth”.

Subsec. (i)(4)(B)(iii) to (vii). Puspan. L. 117–58, § 11201(d)(4)(A), added cl. (iii) and redesignated former cls. (iii) to (vi) as (iv) to (vii), respectively.

Subsec. (i)(6)(A). Puspan. L. 117–58, § 11201(d)(4)(B), inserted “affordable housing organizations,” after “disabled,”.

Subsec. (i)(6)(D). Puspan. L. 117–58, § 11201(a)(3), added subpar. (D).

Subsec. (k)(4) to (6). Puspan. L. 117–58, § 11201(d)(5), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Subsec. (p). Puspan. L. 117–58, § 11201(a)(4), substituted “section 104(span)(6)” for “paragraphs (5)(D) and (6) of section 104(span) of this title”.

2015—Subsec. (a)(1). Puspan. L. 114–94, § 1201(1), substituted “people and freight,” for “people and freight and” and inserted “and take into consideration resiliency needs” after “urbanized areas,”.

Subsec. (c)(2). Puspan. L. 114–94, § 1201(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), (4). Puspan. L. 114–94, § 1201(3)(A), (B), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (d)(5). Puspan. L. 114–94, § 1201(A), (C), redesignated par. (4) as (5) and substituted “paragraph (6)” for “paragraph (5)”. Former par. (5) redesignated (6).

Subsec. (d)(6), (7). Puspan. L. 114–94, § 1201(3)(A), redesignated pars. (5) and (6) as (6) and (7), respectively.

Subsec. (e)(4)(B). Puspan. L. 114–94, § 1201(4), substituted “subsection (d)(6)” for “subsection (d)(5)”.

Subsec. (g)(3)(A). Puspan. L. 114–94, § 1201(5), inserted “tourism, natural disaster risk reduction,” after “economic development,”.

Subsec. (h)(1)(I), (J). Puspan. L. 114–94, § 1201(6)(A), added subpars. (I) and (J).

Subsec. (h)(2)(A). Puspan. L. 114–94, § 1201(6)(B), substituted “and the general purposes described in section 5301 of title 49” for “and in section 5301(c) of title 49”.

Subsec. (i)(2)(A)(i). Puspan. L. 114–94, § 1201(7)(A)(i), substituted “public transportation facilities, intercity bus facilities,” for “transit,”.

Subsec. (i)(2)(G). Puspan. L. 114–94, § 1201(7)(A)(ii), substituted “, provide” for “and provide” and inserted “, and reduce the vulnerability of the existing transportation infrastructure to natural disasters” before period at end.

Subsec. (i)(2)(H). Puspan. L. 114–94, § 1201(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). Puspan. L. 114–94, § 1201(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). Puspan. L. 114–94, § 1201(7)(C), substituted “paragraph (2)(E)” for “paragraph (2)(C)” in two places.

Subsec. (k)(3)(A). Puspan. L. 114–94, § 1201(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), jospan access projects,” after “reduction”.

Subsec. (k)(3)(C), (D). Puspan. L. 114–94, § 1201(8)(B), added subpars. (C) and (D).

Subsec. (l)(1). Puspan. L. 114–94, § 1201(9)(A), inserted period at end.

Subsec. (l)(2)(D). Puspan. L. 114–94, § 1201(9)(B), substituted “with a population of 200,000 or less” for “of less than 200,000”.

Subsec. (n)(1). Puspan. L. 114–94, § 1201(10), inserted “49” after “chapter 53 of title”.

Subsec. (p). Puspan. L. 114–94, § 1201(11), substituted “Funds apportioned under paragraphs (5)(D) and (6) of section 104(span)” for “Funds set aside under section 104(f)”.

Subsec. (r). Puspan. L. 114–94, § 1201(12), added subsec. (r).

2012—Puspan. L. 112–141 amended section generally. Prior to amendment, section related to metropolitan transportation planning and consisted of subsecs. (a) to (p).

2008—Subsec. (f)(3)(C)(ii)(II). Puspan. L. 110–244, § 101(n)(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 title and under chapter 53 of title 49, 1 percent of the funds allocated under section 202 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.”

Subsec. (j)(3)(D). Puspan. L. 110–244, § 101(n)(2), inserted “or the identified phase” after “the project” in two places.

Subsec. (k)(2). Puspan. L. 110–244, § 101(n)(3), struck out “a metropolitan planning area serving” before “a transportation management area,”.

2005—Puspan. L. 109–59 amended section catchline and text generally, substituting provisions relating to metropolitan transportation planning for provisions relating to, in subsec. (a), general requirements for development of transportation plans and programs for urbanized areas, in subsec. (span), designation of metropolitan planning organizations, in subsec. (c), determination of metropolitan planning area boundaries, in subsec. (d), coordination of transportation planning in multistate metropolitan areas, in subsec. (e), coordination of metropolitan planning organizations, in subsec. (f), scope of the planning process, in subsec. (g), development of a long-range transportation plan, in subsec. (h), development of a metropolitan area transportation improvement program, in subsec. (i), designation of transportation management areas, in subsec. (j), abbreviated plans and programs for areas not designated as transportation management areas, in subsec. (k), transfer of funds, in subsec. (l), additional requirements for nonattainment areas under the Clean Air Act,in subsec. (m), limitation on statutory construction, in subsec. (n), funding, and in subsec. (o), review of plans and programs under the National Environmental Policy Act of 1969.

1998—Subsec. (a). Puspan. L. 105–178, § 1203(a), reenacted span without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “It is in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner which will efficiently maximize mobility of people and goods within and through urbanized areas and minimize transportation-related fuel consumption and air pollution. To accomplish this objective, metropolitan planning organizations, in cooperation with the State, shall develop transportation plans and programs for urbanized areas of the State. Such plans and programs shall provide for the development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an intermodal transportation system for the State, the metropolitan areas, and the Nation. The process for developing such plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems.”

Subsec. (span)(1), (2). Puspan. L. 105–178, § 1203(span)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

“(1) In general.—To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area of more than 50,000 population by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population (including the central city or cities as defined by the Bureau of the Census) or in accordance with procedures established by applicable State or local law.

“(2) Membership of certain mpo’s.—In a metropolitan area designated as a transportation management area, the metropolitan planning organization designated for such area shall include local elected officials, officials of agencies which administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization on June 1, 1991) and appropriate State officials. This paragraph shall only apply to a metropolitan planning organization which is redesignated after the date of the enactment of this section.”

Subsec. (span)(4). Puspan. L. 105–178, § 1203(span)(2), reenacted span without change and amended text of par. (4) generally. Prior to amendment, text read as follows: “Designations of metropolitan planning organizations, whether made under this section or other provisions of law, shall remain in effect until redesignated under paragraph (5) or revoked by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population or as otherwise provided under State or local procedures.”

Subsec. (span)(5)(A). Puspan. L. 105–178, § 1203(span)(3), substituted “agreement between the Governor” for “agreement among the Governor” and “government that together represent” for “government which together represent”.

Subsec. (span)(6). Puspan. L. 105–178, § 1203(span)(4), amended span and text of par. (6) generally. Prior to amendment, text read as follows: “More than 1 metropolitan planning organization may be designated within an urbanized area as defined by the Bureau of the Census only if the Governor determines that the size and complexity of the urbanized area make designation of more than 1 metropolitan planning organization for such area appropriate.”

Subsec. (c). Puspan. L. 105–178, § 1203(c), inserted “Planning” before “Area” in subsec. span, designated first sentence as par. (1), inserted par. span, and inserted “planning” before “area”, added pars. (2) to (4), realigned margins, and struck out at end “Each metropolitan 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 encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. For areas designated as nonattainment areas for ozone or carbon monoxide under the Clean Air Act, the boundaries of the metropolitan area shall at least include the boundaries of the nonattainment area, except as otherwise provided by agreement between the metropolitan planning organization and the Governor.”

Subsec. (d). Puspan. L. 105–178, § 1203(d), reenacted span without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows:

“(1) In general.—The Secretary shall establish such requirements as the Secretary considers appropriate to encourage Governors and metropolitan planning organizations with responsibility for a portion of a multi-State metropolitan area to provide coordinated transportation planning for the entire metropolitan area.

“(2) Compacts.—The consent of Congress is hereby given to any 2 or more States 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 such activities pertain to interstate areas and localities within such States and to establish such agencies, joint or otherwise, as such States may deem desirable for making such agreements and compacts effective.”

Subsec. (e). Puspan. L. 105–178, § 1203(e), substituted “MPOs” for “MPO’s” in subsec. span, designated existing provisions as par. (1) and inserted par. span, added par. (2), and realigned margins.

Subsec. (f). Puspan. L. 105–178, § 1203(f), amended span and text of subsec. (f) generally, substituting provisions relating to scope of planning process for provisions relating to factors to be considered in developing transportation plans and programs.

Subsec. (g). Puspan. L. 105–178, § 1203(g)(6), substituted “Long-Range Transportation Plan” for “Long Range Plan” in span.

Subsec. (g)(1). Puspan. L. 105–178, § 1203(g)(8), substituted “long-range transportation plan” for “long range plan”.

Subsec. (g)(2). Puspan. L. 105–178, § 1203(g)(1), (7), (8), substituted “Long-range transportation plan” for “Long range plan” in span and substituted “long-range transportation plan” for “long range plan” and “contain, at a minimum, the following” for “, at a minimum” in introductory provisions.

Subsec. (g)(2)(A). Puspan. L. 105–178, § 1203(g)(2), (8), substituted “An identification of” for “Identify” and “long-range transportation plan” for “long range plan”.

Subsec. (g)(2)(B). Puspan. L. 105–178, § 1203(g)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: “Include a financial plan that demonstrates how the long-range plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any innovative financing techniques to finance needed projects and programs, including such techniques as value capture, tolls and congestion pricing.”

Subsec. (g)(3). Puspan. L. 105–178, § 1203(g)(8), substituted “long-range transportation plan” for “long range plan”.

Subsec. (g)(4). Puspan. L. 105–178, § 1203(g)(4), (8), substituted “long-range transportation plan” for “long range plan” in two places and inserted “freight shippers, providers of freight transportation services,” after “transportation agency employees,” and “representatives of users of public transit,” after “private providers of transportation,”.

Subsec. (g)(5). Puspan. L. 105–178, § 1203(g)(7), (8), substituted “long-range transportation plan” for “long range plan” in span and in introductory provisions.

Subsec. (g)(6). Puspan. L. 105–178, § 1203(g)(5), added par. (6).

Subsec. (h). Puspan. L. 105–178, § 1203(h), amended span and text of subsec. (h) generally. Prior to amendment, text related to transportation improvement program, providing for development of program, priority and selection of projects, major capital investments, requirement of inclusion of projects within area proposed for funding, and provision of reasonable notice and opportunity to comment for interested citizens.

Subsec. (h)(5)(A). Puspan. L. 105–178, § 1203(o), as added by Puspan. L. 105–206, § 9003(c), struck out “for implementation” after “federally funded projects” in introductory provisions.

Subsec. (i)(1). Puspan. L. 105–178, § 1203(i)(1), reenacted span without change and amended text of par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall designate as transportation management areas all urbanized areas over 200,000 population. The Secretary shall designate any additional area as a transportation management area upon the request of the Governor and the metropolitan planning organization designated for such area or the affected local officials. Such additional areas shall include upon such a request the Lake Tahoe Basin as defined by Public Law 96–551.”

Subsec. (i)(4). Puspan. L. 105–178, § 1203(i)(2), reenacted span without change and amended text of par. (4) generally. Prior to amendment, text read as follows: “All projects carried out within the boundaries of a transportation management area with Federal participation pursuant to this title (excluding projects undertaken on the National Highway System and pursuant to the bridge and Interstate maintenance programs) or pursuant to chapter 53 of title 49 shall be selected by the metropolitan planning organization designated for such area in consultation with the State and in conformance with the transportation improvement program for such area and priorities established therein. Projects undertaken within the boundaries of a transportation management area on the National Highway System or pursuant to the bridge and Interstate maintenance programs shall be selected by the State in cooperation with the metropolitan planning organization designated for such area and shall be in conformance with the transportation improvement program for such area.”

Subsec. (i)(5). Puspan. L. 105–178, § 1203(i)(3), reenacted span without change and amended text of par. (5) generally. Prior to amendment, text read as follows: “The Secretary shall assure that each metropolitan planning organization in each transportation management area is carrying out its responsibilities under applicable provisions of Federal law, and shall so certify at least once every 3 years. The Secretary may make such certification only if (1) a metropolitan planning organization is complying with the requirements of this section and other applicable requirements of Federal law, and (2) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. If after September 30, 1993, a metropolitan planning organization is not certified by the Secretary, the Secretary may withhold, in whole or in part, the apportionment under section 104(span)(3) attributed to the relevant metropolitan area pursuant to section 133(d)(3) and capital funds apportioned under the formula program under section 5336 of title 49. If a metropolitan planning organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of the apportionment attributed to that metropolitan area under section 133(d)(3) and capital funds apportioned under the formula program under section 5336 of title 49 shall be withheld. The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. The Secretary shall not withhold certification under this section based upon the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 5306(a) of title 49.”

Subsec. (j). Puspan. L. 105–178, § 1203(j), reenacted span without change and amended text of subsec. (j) generally. Prior to amendment, text read as follows: “For metropolitan areas not designated as transportation management areas under this section, the Secretary may provide for the development of abbreviated metropolitan transportation plans and programs that the Secretary determines to be appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems, including transportation related air quality problems, in such areas. In no event shall the Secretary provide abbreviated plans or programs for metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act.”

Subsec. (l). Puspan. L. 105–178, § 1203(k), designated existing provisions as par. (1), inserted span, and added par. (2).

Subsec. (n). Puspan. L. 105–178, § 1203(l), amended span and text of subsec. (n) generally. Prior to amendment, text read as follows: “Any funds set aside pursuant to section 104(f) of this title that are not used for the purpose of carrying out this section may be made available by the metropolitan planning organization to the State for the purpose of funding activities under section 135.”

Subsec. (o). Puspan. L. 105–178, § 1203(m), added subsec. (o).

1995—Subsec. (f)(16). Puspan. L. 104–59 added par. (16).

1994—Subsecs. (h)(5), (i)(3), (4). Puspan. L. 103–429, § 3(5)(A), substituted “chapter 53 of title 49” for “the Federal Transit Act”.

Subsec. (i)(5). Puspan. L. 103–429, § 3(5)(B), substituted “section 5336 of title 49” for “section 9 of the Federal Transit Act” in two places and “section 5306(a) of title 49” for “section 8(o) of the Federal Transit Act”.

Subsec. (k). Puspan. L. 103–429, § 3(5)(C), (D), substituted “chapter 53 of title 49” for “the Federal Transit Act” wherever appearing and “chapter 53 funds” for “Federal Transit Act funds”.

Subsecs. (l), (m). Puspan. L. 103–429, § 3(5)(C), substituted “chapter 53 of title 49” for “the Federal Transit Act”.

1992—Subsec. (k). Puspan. L. 102–388 inserted at end “The provisions of title 23, United States Code, regarding the non-Federal share shall apply to title 23 funds used for transit projects and the provisions of the Federal Transit Act regarding non-Federal share shall apply to Federal Transit Act funds used for highway projects.”

1991—Puspan. L. 102–240 substituted section catchline for one which read: “Transportation planning in certain urban areas” and amended text generally, substituting present provisions for provisions relating to transportation planning in certain urban areas, including provisions stating transportation objectives, requiring continuing comprehensive planning process by States and local communities, and relating to redesignation of metropolitan planning organizations, designation of contiguous interstate areas as critical transportation regions and corridors, establishment of planning bodies for such regions and corridors, and authorization of appropriations.

1978—Subsec. (a). Puspan. L. 95–599, § 169(a), inserted provisions related to cooperation with local officials and specific considerations in the planning process.

Subsecs. (span), (c). Puspan. L. 95–599, § 169(span), added subsec. (span) and redesignated former subsec. (span) as (c).

1970—Puspan. L. 91–605 designated existing provisions as subsec. (a), inserted provision prohibiting a highway construction project in any urban area of 50,000 or more population unless responsible public officials of such area have been consulted and their views considered with respect to the corridor, the location, and the design of the project, and added subsec. (span).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 117–58 effective Oct. 1, 2021, see section 10003 of Puspan. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. 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 Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date of 1998 Amendment

Title IX of Puspan. L. 105–206 effective simultaneously with enactment of Puspan. L. 105–178 and to be treated as included in Puspan. L. 105–178 at time of enactment, and provisions of Puspan. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Puspan. L. 105–206 to be treated as not enacted, see section 9016 of Puspan. L. 105–206, set out as a note under section 101 of this title.

Effective Date of 1991 Amendment

Amendment by Puspan. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Puspan. L. 102–240, set out as a note under section 104 of this title.

Fiscal Constraint on Long-Range Transportation Plans

Puspan. L. 117–58, div. A, title I, § 11202, Nov. 15, 2021, 135 Stat. 519, provided that: “Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan transportation plan are defined as ‘beyond the first 4 years’.”

Prioritization Process Pilot Program

Puspan. L. 117–58, div. A, title I, § 11204, Nov. 15, 2021, 135 Stat. 520, provided that:

“(a)Definitions.—In this section:

“(1)Eligible entity.—The term ‘eligible entity’ means any of the following:

“(A) A metropolitan planning organization that serves an area with a population of over 200,000.

“(B) A State.

“(2)Metropolitan planning organization.—The term ‘metropolitan planning organization’ has the meaning given the term in section 134(span) of title 23, United States Code.

“(3)Prioritization process pilot program.—The term ‘prioritization process pilot program’ means the pilot program established under subsection (span)(1).

“(span)Establishment.—

“(1)In general.—The Secretary [of Transportation] shall establish and solicit applications for a prioritization process pilot program.

“(2)Purpose.—The purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that, on completion, can be evaluated for public benefit.

“(c)Pilot Program Administration.—

“(1)In general.—An eligible entity participating in the prioritization process pilot program shall—

“(A) use priority objectives that are developed—

“(i) in the case of an urbanized area with a population of over 200,000, by the metropolitan planning organization that serves the area, in consultation with the State;

“(ii) in the case of an urbanized area with a population of 200,000 or fewer, by the State in consultation with all metropolitan planning organizations in the State; and

“(iii) through a public process that provides an opportunity for public input;

“(B) assess and score projects and strategies on the basis of—

“(i) the contribution and benefits of the project or strategy to each priority objective developed under subparagraph (A);

“(ii) the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause (i); and

“(iii) public support;

“(C) use the scores assigned under subparagraph (B) to guide project selection in the development of the transportation plan and transportation improvement program; and

“(D) ensure that the public—

“(i) has opportunities to provide public comment on projects before decisions are made on the transportation plan and the transportation improvement program; and

“(ii) has access to clear reasons why each project or strategy was selected or not selected.

“(2)Requirements.—An eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following, as applicable:

“(A)Metropolitan transportation planning.—In the case of a metropolitan planning organization that serves an area with a population of over 200,000, the entity shall—

“(i) develop and implement a publicly accessible, transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section 134(i) of title 23, United States Code, and section 5303(i) of title 49, United States Code, which shall—

“(I) include criteria identified by the metropolitan planning organization, which may be weighted to reflect the priority objectives developed under paragraph (1)(A), that the metropolitan planning organization has determined support—

“(aa) factors described in section 134(h) of title 23, United States Code, and section 5303(h) of title 49, United States Code;

“(bspan) targets for national performance measures under section 150(span) of title 23, United States Code;

“(cc) applicable transportation goals in the metropolitan planning area or State set by the applicable transportation agency; and

“(dd) priority objectives developed under paragraph (1)(A);

“(II) evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and

“(III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and

“(ii) with respect to the priority list under section 134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D).

“(B)Statewide transportation planning.—In the case of a State, the State shall—

“(i) develop and implement a publicly accessible, transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section 135(f) of title 23, United States Code, which shall—

“(I) include criteria identified by the State, which may be weighted to reflect statewide priorities, that the State has determined support—

“(aa) factors described in section 135(d) of title 23, United States Code, and section 5304(d) of title 49, United States Code;

“(bspan) national transportation goals under section 150(span) of title 23, United States Code;

“(cc) applicable transportation goals in the State; and

“(dd) the priority objectives developed under paragraph (1)(A);

“(III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and

“(ii) with respect to the statewide transportation improvement program under section 135(g) of title 23, United States Code, and section 5304(g) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D).

“(C)Additional transportation planning.—If the eligible entity has implemented, and has in effect, the requirements under subparagraph (A) or (B), as applicable, the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning purpose.

“(D)Exceptions to priority ranking.—In the case of any project that the eligible entity chooses to include or not include in the transportation improvement program under section 134(j) of title 23, United States Code, or the statewide transportation improvement program under section 135(g) of title 23, United States Code, as applicable, in a manner that is contrary to the priority ranking for that project established under subparagraph (A)(i)(III) or (B)(i)(III), the eligible entity shall make publicly available an explanation for the decision, including—

“(i) a review of public comments regarding the project;

“(ii) an evaluation of public support for the project;

“(iii) an assessment of geographic balance of projects of the eligible entity; and

“(iv) the number of projects of the eligible entity in economically distressed areas.

“(3)Maximum amount.—The maximum amount of a grant under the prioritization process pilot program is $2,000,000.

“(d)Applications.—To be eligible to participate in the prioritization process pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.”

Travel Demand Data and Modeling

Puspan. L. 117–58, div. A, title I, § 11205, Nov. 15, 2021, 135 Stat. 523, provided that:

“(a)Definition of Metropolitan Planning Organization.—In this section, the term ‘metropolitan planning organization’ has the meaning given the term in section 134(span) of title 23, United States Code.

“(span)Study.—

“(1)In general.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], and not less frequently than once every 5 years thereafter, the Secretary [of Transportation] shall carry out a study that—

“(A) gathers travel data and travel demand forecasts from a representative sample of States and metropolitan planning organizations;

“(B) uses the data and forecasts gathered under subparagraph (A) to compare travel demand forecasts with the observed data, including—

“(i) traffic counts;

“(ii) travel mode share and public transit ridership; and

“(iii) vehicle occupancy measures; and

“(C) uses the information described in subparagraphs (A) and (B)—

“(i) to develop best practices or guidance for States and metropolitan planning organizations to use in forecasting travel demand for future investments in transportation improvements;

“(ii) to evaluate the impact of transportation investments, including new roadway capacity, on travel behavior and travel demand, including public transportation ridership, induced highway travel, and congestion;

“(iii) to support more accurate travel demand forecasting by States and metropolitan planning organizations; and

“(iv) to enhance the capacity of States and metropolitan planning organizations—

“(I) to forecast travel demand; and

“(II) to track observed travel behavior responses, including induced travel, to changes in transportation capacity, pricing, and land use patterns.

“(2)Secretarial support.—The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models, and forecasts described in this subsection.

“(3)Evaluation tool.—The Secretary shall develop a publicly available multimodal wespan-based tool for the purpose of enabling States and metropolitan planning organizations to evaluate the effect of investments in highway and public transportation projects on the use and conditions of all transportation assets within the State or area served by the metropolitan planning organization, as applicable.”

Increasing Safe and Accessible Transportation Options

Puspan. L. 117–58, div. A, title I, § 11206, Nov. 15, 2021, 135 Stat. 524, provided that:

“(a)Definition of Complete Streets Standards or Policies.—In this section, the term ‘Complete Streets standards or policies’ means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles.

“(span)Funding Requirement.—Notwithstanding any other provision of law, each State and metropolitan planning organization shall use to carry out 1 or more activities described in subsection (c)—

“(1) in the case of a State, not less than 2.5 percent of the amounts made available to the State to carry out section 505 of title 23, United States Code; and

“(2) in the case of a metropolitan planning organization, not less than 2.5 percent of the amounts made available to the metropolitan planning organization under section 104(d) of title 23, United States Code.

“(c)Activities Described.—An activity referred to in subsection (span) is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities, which, if permissible under applicable State and local laws, may include—

“(1) adoption of Complete Streets standards or policies;

“(2) development of a Complete Streets prioritization plan that identifies a specific list of Complete Streets projects to improve the safety, mobility, or accessibility of a street;

“(3) development of transportation plans—

“(A) to create a network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect neighborhoods with destinations such as workplaces, schools, residences, businesses, recreation areas, healthcare and child care services, or other community activity centers;

“(B) to integrate active transportation facilities with public transportation service or improve access to public transportation;

“(C) to create multiuse active transportation infrastructure facilities, including bikeways or pedestrian and bicycle trails, that make connections within or between communities;

“(D) to increase public transportation ridership; and

“(E) to improve the safety of bicyclists and pedestrians;

“(4) regional and megaregional planning to address travel demand and capacity constraints through alternatives to new highway capacity, including through intercity passenger rail; and

“(5) development of transportation plans and policies that support transit-oriented development.

“(d)Federal Share.—The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary [of Transportation] determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share.

“(e)State Flexibility.—A State or metropolitan planning organization, with the approval of the Secretary, may opt out of the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104 [probably means section 104 of title 23, United States Code], that the State or metropolitan planning organization—

“(1) has Complete Streets standards and policies in place; and

“(2) has developed an up-to-date Complete Streets prioritization plan as described in subsection (c)(2).”

Transportation Access Pilot Program

Puspan. L. 117–58, div. A, title III, § 13010, Nov. 15, 2021, 135 Stat. 644, provided that:

“(a)Definitions.—In this section:

“(1)Metropolitan planning organization.—The term ‘metropolitan planning organization’ has the meaning given the term in section 134(span) of title 23, United States Code.

“(2)State.—The term ‘State’ has the meaning given the term in section 101(a) of title 23, United States Code.

“(3)Surface transportation modes.—The term ‘surface transportation modes’ means—

“(A) driving;

“(B) public transportation;

“(C) walking;

“(D) cycling; and

“(E) a combination of any of the modes of transportation described in subparagraphs (A) through (D).

“(4)Pilot program.—The term ‘pilot program’ means the transportation pilot program established under subsection (span).

“(5)Regional transportation planning organization.—The term ‘regional transportation planning organization’ has the meaning given the term in section 134(span) of title 23, United States Code.

“(span)Establishment.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall establish a transportation pilot program.

“(c)Purpose.—The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program—

“(1) to improve the transportation planning of those eligible entities by—

“(A) measuring the level of access by surface transportation modes to important destinations, which may include—

“(i) jobs;

“(ii) health care facilities;

“(iii) child care services;

“(iv) educational and workforce training facilities;

“(v) housing;

“(vi) food sources;

“(vii) points within the supply chain for freight commodities;

“(viii) domestic or international markets; and

“(ix) connections between surface transportation modes; and

“(B) disaggregating the level of access by surface transportation modes by a variety of—

“(i) population categories, which may include—

“(I) low-income populations;

“(II) minority populations;

“(III) age;

“(IV) disability; and

“(V) geographical location; or

“(ii) freight commodities, which may include—

“(I) agricultural commodities;

“(II) raw materials;

“(III) finished products; and

“(IV) energy commodities; and

“(2) to assess the change in accessibility that would result from new transportation investments.

“(d)Eligible Entities.—An entity eligible to participate in the pilot program is—

“(1) a State;

“(2) a metropolitan planning organization; or

“(3) a regional transportation planning organization.

“(e)Application.—To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to—

“(1) previous experience of the eligible entity measuring transportation access or other performance management experience, if applicable;

“(2) the types of important destinations to which the eligible entity intends to measure access;

“(3) the types of data disaggregation the eligible entity intends to pursue;

“(4) a general description of the methodology the eligible entity intends to apply; and

“(5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply.

“(f)Selection.—

“(1)In general.—The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include—

“(A) States;

“(B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer;

“(C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and

“(D) regional transportation planning organizations.

“(2)Inclusions.—The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is—

“(A) a range of capacity and previous experience with measuring transportation access; and

“(B) a variety of proposed methodologies and focus areas for measuring level of access.

“(g)Duties.—For each eligible entity participating in the pilot program, the Secretary shall—

“(1) develop or acquire an accessibility data set described in subsection (c); and

“(2) submit the data set to the eligible entity.

“(h)Methodology.—In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source.

“(i)Availability.—The Secretary shall make an accessibility data set under the pilot program available to—

“(1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and

“(2) researchers.

“(j)Report.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the pilot program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities.

“(k)Transportation System Access.—

“(1)In general.—The Secretary shall establish consistent measures that States, metropolitan planning organizations, and regional transportation planning organizations may choose to adopt to assess the level of safe and convenient access by surface transportation modes to important destinations as described in subsection (c)(1)(A).

“(2)Savings provision.—Nothing in this section provides the Secretary the authority—

“(A) to establish a performance measure or require States or metropolitan planning organizations to set a performance target for access as described in paragraph (1); or

“(B) to establish any other Federal requirement.

“(l)Funding.—The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary.

“(m)Sunset.—The pilot program shall terminate on the date that is 8 years after the date on which the pilot program is implemented.”

Schedule for Implementation

Puspan. L. 109–59, title VI, § 6001(span), Aug. 10, 2005, 119 Stat. 1857, provided that: “The Secretary [of Transportation] shall issue guidance on a schedule for implementation of the changes made by this section [amending this section and section 135 of this title], taking into consideration the established planning update cycle for States and metropolitan planning organizations. The Secretary shall not require a State or metropolitan planning organization to deviate from its established planning update cycle to implement changes made by this section. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section.”

Demonstration Project for Restricted Access to Central Business District of Metropolitan Areas

Puspan. L. 95–599, title I, § 155, Nov. 6, 1978, 92 Stat. 2717, authorized Secretary of Transportation to carry out a demonstration project in a metropolitan area respecting the restriction of access of motor vehicles to the central business district during peak hours of traffic, authorized the necessary appropriations, and required progress reports and a final report and recommendations not later than three years after Nov. 6, 1978.

Reduction of Urban Blight Adjacent to Federal-Aid Primary and Interstate Highways Located in Central Business Districts

Puspan. L. 95–599, title I, § 159, Nov. 6, 1978, 92 Stat. 2718, directed Secretary to conduct a study and submit a report to Congress not later than two years after Nov. 6, 1978, respecting the potential for reducing urban blight adjacent to Federal-aid primary and interstate highways located in central business districts.

Urban System Study

Puspan. L. 94–280, title I, § 149, May 5, 1976, 90 Stat. 447, directed Secretary of Transportation to conduct a study of the factors involved in planning, selection, etc., of Federal-aid urban system routes including an analysis of organizations carrying out the planning process, the status of jurisdiction over roads, programing responsibilities under local and State laws, and authority of local units, such study to be submitted to Congress within six months of May 5, 1976.

Fringe Parking Demonstration Projects

Puspan. L. 90–495, § 11, Aug. 23, 1968, 82 Stat. 820, authorized Secretary to approve construction of publicly owned parking facilities under this title until June 30, 1971, as a demonstration project, authorized the Federal share of any project under this section to be 50%, prevented approval of projects by the Secretary unless the State or political subdivision thereof where the project is located can construct, maintain, and operate the facility, unless the Secretary has entered into an agreement with the State or political subdivision governing the financing, maintenance, and operation of the facility, and unless the Secretary has approved design standards for construction of the facility, defined “parking facilities”, permitted a State or political subdivision to contract for the operation of such facility, prohibited approval of the project by the Secretary unless it is carried on in accordance with section 134 of this title (this section), and required annual reports to Congress on the demonstration projects approved under this section, prior to repeal by Puspan. L. 91–605, title I, § 134(c), Dec. 31, 1970, 84 Stat. 1734. See section 137 of this title.