2011 US Code
Title 49 - Transportation
Subtitle III - GENERAL AND INTERMODAL PROGRAMS (§§ 5101 - 6109)
Chapter 53 - PUBLIC TRANSPORTATION (§§ 5301 - 5340)
Section 5303 - Metropolitan transportation planning
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 49 - TRANSPORTATION |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 49 - TRANSPORTATION SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS CHAPTER 53 - PUBLIC TRANSPORTATION Sec. 5303 - Metropolitan transportation planning |
Contains | section 5303 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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. |
Statutes at Large References | 69 Stat. 322 78 Stat. 302 83 Stat. 852 92 Stat. 2743 94 Stat. 3233, 3234 101 Stat. 227 105 Stat. 2098, 2105 106 Stat. 1566 108 Stat. 788 110 Stat. 3389 111 Stat. 2204, 2215 112 Stat. 341, 852 119 Stat. 1547, 1559 122 Stat. 1609 |
Public Law References | Public Law 88-365, Public Law 91-190, Public Law 95-599, Public Law 96-551, Public Law 100-17, Public Law 102-240, Public Law 102-388, Public Law 103-272, Public Law 104-287, Public Law 105-102, Public Law 105-178, Public Law 105-206, Public Law 109-59, Public Law 110-244 |
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(a)
(1) encourage and promote the safe and efficient management, operation, and development of 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, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and
(2) 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) TIP.—The term “TIP” means a transportation improvement program developed by a metropolitan planning organization under subsection (j).
(6)
(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 named 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; and
(C) appropriate State officials.
(3)
(A) develop the plans and TIPs for adoption by a metropolitan planning organization; and
(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.
(4)
(5)
(6)
(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)
(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 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)
(A)
(B)
(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and
(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 5304.
(C)
(i)
(ii)
(I)
(II)
(D)
(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and
(ii) may, in accordance with chapter 2 of title 23, be funded using funds allocated under section 202 of such title.
(4)
(g) MPO
(1)
(2)
(3)
(A) recipients of assistance under this chapter;
(B) 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
(C) recipients of assistance under section 204 of title 23.
(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 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; and
(H) emphasize the preservation of the existing transportation system.
(2)
(i)
(1)
(A) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(B) 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).
In the case of any other area required to have a transportation plan in accordance with the requirements 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)
(A)
(B)
(i)
(ii)
(C)
(D)
(E)
(F)
(3)
(4)
(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.
(5)
(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).
(6)
(7)
(j)
(1)
(A)
(B)
(C)
(D)
(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)
(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)
(C)
(k)
(1)
(A)
(B)
(2)
(3)
(4)
(A)
(B)
(5)
(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) Withholding of project funds.—If a metropolitan planning process of a metropolitan 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 metropolitan 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)
(l)
(1)
(2)
(m)
(1)
(2)
(n)
(o)
(p)
(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.)
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.
Pub. L. 104–287This amends 49:5303(f)(2) and (h)(4) to correct erroneous cross-references.
Pub. L. 105–102, §2(4)(A)This amends 49:5303(c)(1) to correct an erroneous cross-reference.
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.
References in TextThe Clean Air Act, referred to in subsecs. (e)(4), (5)(D), (g)(1), (i)(3), (l)(2), and (m)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, 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 Federal Public Transportation Act of 2005, referred to in subsecs. (e)(4), (5) and (j)(7)(C), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.
Public Law 96–551, referred to in subsec. (f)(3)(A), (C)(ii)(II), is Pub. L. 96–551, Dec. 19, 1980, 94 Stat. 3233, which is not classified to the Code.
The National Environmental Policy Act of 1969, referred to in subsec. (p), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, 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.
Amendments2008—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)”.
Effective Date of 1998 AmendmentTitle 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 AmendmentSection 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.”
Schedule for ImplementationPub. L. 109–59, title III, §3005(b), Aug. 10, 2005, 119 Stat. 1559, provided that: “The Secretary [of Transportation] shall issue guidance on a schedule for implementation of the changes made by this section [amending this section], 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.”
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