§ 134. — Metropolitan planning.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC134]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 134. Metropolitan planning
(a) General Requirements.--
(1) Findings.--It is in the national interest to 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 through urbanized areas, while minimizing
transportation-related fuel consumption and air pollution.
(2) Development of plans and programs.--To accomplish the
objective stated in paragraph (1), metropolitan planning
organizations designated under subsection (b), in cooperation with
the State and public transit operators, shall develop transportation
plans and programs for urbanized areas of the State.
(3) Contents.--The plans and programs for each metropolitan area
shall provide for the development and integrated management and
operation of transportation systems and facilities (including
pedestrian walkways and bicycle transportation facilities) that will
function as an intermodal transportation system for the metropolitan
area and as an integral part of an intermodal transportation system
for the State and the United States.
(4) Process of development.--The process for developing the
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 to be addressed.
(b) Designation of Metropolitan Planning Organizations.--
(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 with a
population of more than 50,000 individuals--
(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 central city
or cities as defined by the Bureau of the Census); or
(B) in accordance with procedures established by applicable
State or local law.
(2) Structure.--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--
(A) local elected officials;
(B) officials of public agencies that administer or operate
major modes of transportation in the metropolitan area
(including all transportation agencies included in the
metropolitan planning organization as of June 1, 1991); and
(C) appropriate State officials.
(3) Limitation on statutory construction.--Nothing in this
subsection shall be construed to interfere with the authority, under
any State law in effect on the date of the enactment of this
section, of a public agency with multimodal transportation
responsibilities to--
(A) develop plans and programs 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) Continuing designation.--A designation of a metropolitan
planning organization under this subsection or any other provision
of law shall remain in effect until the metropolitan planning
organization is redesignated under paragraph (5).
(5) Redesignation.--
(A) Procedures.--A metropolitan planning organization may be
redesignated 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
central city or cities as defined by the Bureau of the Census)
as appropriate to carry out this section.
(B) Certain requests to redesignate.--A metropolitan
planning organization shall be redesignated upon request of a
unit or units of general purpose local government representing
at least 25 percent of the affected population (including the
central city or cities as defined by the Bureau of the Census)
in any urbanized area (i) whose population is more than
5,000,000 but less than 10,000,000, or (ii) which is an extreme
nonattainment area for ozone or carbon monoxide as defined under
the Clean Air Act. Such redesignation shall be accomplished
using procedures established by subparagraph (A).
(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization may be
designated within an existing metropolitan planning area only if the
Governor and the existing metropolitan planning organization
determine that the size and complexity of the existing metropolitan
planning area make designation of more than 1 metropolitan planning
organization for the area appropriate.
(c) Metropolitan Planning Area Boundaries.--
(1) In general.--For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined by
agreement between the metropolitan planning organization and the
Governor.
(2) Included area.--Each metropolitan planning area--
(A) shall encompass at least the existing urbanized area and
the contiguous area expected to become urbanized within a 20-
year forecast period; and
(B) may encompass the entire metropolitan statistical area
or consolidated metropolitan statistical area, as defined by the
Bureau of the Census.
(3) Existing metropolitan planning areas in nonattainment.--
Notwithstanding paragraph (2), in the case of an urbanized area
designated as a nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et seq.), the boundaries of
the metropolitan planning area in existence as of the date of
enactment of this paragraph shall be retained, except that the
boundaries may be adjusted by agreement of the Governor and affected
metropolitan planning organizations in the manner described in
subsection (b)(5).
(4) New metropolitan planning areas in nonattainment.--In the
case of an urbanized area designated after the date of enactment of
this paragraph as a nonattainment area for ozone or carbon monoxide,
the boundaries of the metropolitan planning area--
(A) shall be established in the manner described in
subsection (b)(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.
(d) Coordination in Multistate Areas.--
(1) In general.--The Secretary shall encourage each Governor
with responsibility for a portion of a multistate metropolitan area
and the appropriate metropolitan planning organizations to provide
coordinated transportation planning for the entire metropolitan
area.
(2) Interstate compacts.--The consent of Congress is granted to
any 2 or more States--
(A) to enter into agreements or compacts, not in conflict
with any law of the United States, for cooperative efforts and
mutual assistance in support of activities authorized under this
section as the activities pertain to interstate areas and
localities within the States; and
(B) to establish such agencies, joint or otherwise, as the
States may determine desirable for making the agreements and
compacts effective.
(3) Lake tahoe region.--
(A) Definition.--In this paragraph, the term ``Lake Tahoe
region'' has the meaning given the term ``region'' in
subdivision (a) of article II of the Tahoe Regional Planning
Compact, as set forth in the first section of Public Law 96-551
(94 Stat. 3234).
(B) Transportation planning process.--The Secretary shall--
(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, section 135, and chapter 53 of title 49.
(C) Interstate compact.--
(i) In general.--Subject to clause (ii), notwithstanding
subsection (b), to carry out the transportation planning
process required by this section, the consent of Congress is
granted to the States of California and Nevada to designate
a metropolitan planning organization for the Lake Tahoe
region, by agreement between the Governors of the States of
California and Nevada and units of general purpose local
government that 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.
(ii) Involvement of federal land management agencies.--
(I) Representation.--The policy board of a
metropolitan planning organization designated under
clause (i) shall include a representative of each
Federal land management agency that has jurisdiction
over land in the Lake Tahoe region.
(II) Funding.--In addition to funds made available
to the metropolitan planning organization under other
provisions of this title and under chapter 53 of title
49, not more than 1 percent of the funds allocated under
section 202 may be used to carry out the transportation
planning process for the Lake Tahoe region under this
subparagraph.
(D) Activities.--Highway projects included in transportation
plans developed under this paragraph--
(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, be funded using
funds allocated under section 202.
(4) Recipients of other assistance.--The Secretary shall
encourage each metropolitan planning organization to coordinate, to
the maximum extent practicable, the design and delivery of
transportation services within the metropolitan planning area that
are provided--
(A) by recipients of assistance under chapter 53 of title
49; and
(B) by 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.
(e) Coordination of MPOs.--
(1) Nonattainment areas.--If more than 1 metropolitan planning
organization has authority within a metropolitan area or an area
which is designated as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act, each metropolitan planning
organization shall consult with the other metropolitan planning
organizations designated for such area and the State in the
coordination of plans and programs required by this section.
(2) Project located in multiple mpos.--If a project is located
within the boundaries of more than 1 metropolitan planning
organization, the metropolitan planning organizations shall
coordinate plans regarding the project.
(f) Scope of Planning Process.--
(1) In general.--The metropolitan transportation planning
process for a metropolitan area under this section shall provide for
consideration of projects and strategies that will--
(A) support the economic vitality of the metropolitan area,
especially by enabling global competitiveness, productivity, and
efficiency;
(B) increase the safety and security of the transportation
system for motorized and nonmotorized users;
(C) increase the accessibility and mobility options
available to people and for freight;
(D) protect and enhance the environment, promote energy
conservation, and improve quality of life;
(E) enhance the integration and connectivity of the
transportation system, across and between modes, for people and
freight;
(F) promote efficient system management and operation; and
(G) emphasize the preservation of the existing
transportation system.
(2) Failure to consider factors.--The failure to consider any
factor specified in paragraph (1) shall not be reviewable by any
court under this title, subchapter II of chapter 5 of title 5, or
chapter 7 of title 5 in any matter affecting a transportation plan,
a transportation improvement plan, a project or strategy, or the
certification of a planning process.
(g) Development of Long-Range Transportation Plan.--
(1) In general.--Each metropolitan planning organization shall
prepare, and update periodically, according to a schedule that the
Secretary determines to be appropriate, a long-range transportation
plan for its metropolitan area in accordance with the requirements
of this subsection.
(2) Long-range transportation plan.--A long-range transportation
plan under this section shall be in a form that the Secretary
determines to be appropriate and shall contain, at a minimum, the
following:
(A) An identification of transportation facilities
(including but not necessarily limited to major roadways,
transit, and multimodal and intermodal facilities) that should
function as an integrated metropolitan transportation system,
giving emphasis to those facilities that serve important
national and regional transportation functions. In formulating
the long-range transportation plan, the metropolitan planning
organization shall consider factors described in subsection (f)
as such factors relate to a 20-year forecast period.
(B) A financial plan that demonstrates how the adopted long-
range transportation 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 additional financing strategies for needed
projects and programs. The financial plan may include, for
illustrative purposes, additional projects that would be
included in the adopted long-range transportation plan if
reasonable additional resources beyond those identified in the
financial plan were available. For the purpose of developing the
long-range transportation plan, the metropolitan planning
organization and State shall cooperatively develop estimates of
funds that will be available to support plan implementation.
(C) Assess capital investment and other measures necessary
to--
(i) ensure the preservation of the existing metropolitan
transportation system, including requirements for
operational improvements, resurfacing, restoration, and
rehabilitation of existing and future major roadways, as
well as operations, maintenance, modernization, and
rehabilitation of existing and future transit facilities;
and
(ii) make the most efficient use of existing
transportation facilities to relieve vehicular congestion
and maximize the mobility of people and goods.
(D) Indicate as appropriate proposed transportation
enhancement activities.
(3) Coordination with clean air act agencies.--In metropolitan
areas which are in nonattainment for ozone or carbon monoxide under
the Clean Air Act, the metropolitan planning organization shall
coordinate the development of a long-range transportation plan with
the process for development of the transportation control measures
of the State implementation plan required by the Clean Air Act.
(4) Participation by interested parties.--Before approving a
long-range transportation plan, each metropolitan planning
organization shall provide citizens, affected public agencies,
representatives of transportation agency employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transit, and other interested parties with a reasonable opportunity
to comment on the long-range transportation plan, in a manner that
the Secretary deems appropriate.
(5) Publication of long-range transportation plan.--Each long-
range transportation plan prepared by a metropolitan planning
organization shall be--
(i) published or otherwise made readily available for public
review; and
(ii) submitted for information purposes to the Governor at
such times and in such manner as the Secretary shall establish.
(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(B), a State or metropolitan planning
organization shall not be required to select any project from the
illustrative list of additional projects included in the financial
plan under paragraph (2)(B).
(h) Metropolitan Transportation Improvement Program.--
(1) Development.--
(A) In general.--In cooperation with the State and any
affected public transit operator, the metropolitan planning
organization designated for a metropolitan area shall develop a
transportation improvement program for the area for which the
organization is designated.
(B) Opportunity for comment.--In developing the program, the
metropolitan planning organization, in cooperation with the
State and any affected public transit operator, shall provide
citizens, affected public agencies, representatives of
transportation agency employees, freight shippers, providers of
freight transportation services, private providers of
transportation, representatives of users of public transit, and
other interested parties with a reasonable opportunity to
comment on the proposed program.
(C) Funding estimates.--For the purpose of developing the
transportation improvement program, the metropolitan planning
organization, public transit agency, and State shall
cooperatively develop estimates of funds that are reasonably
expected to be available to support program implementation.
(D) Updating and approval.--The program shall be updated at
least once every 2 years and shall be approved by the
metropolitan planning organization and the Governor.
(2) Contents.--The transportation improvement program shall
include--
(A) a priority list of proposed federally supported projects
and strategies to be carried out within each 3-year period after
the initial adoption of the transportation improvement program;
and
(B) a financial plan that--
(i) demonstrates how the transportation improvement
program 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
transportation improvement program if reasonable additional
resources beyond those identified in the financial plan were
available.
(3) Included projects.--
(A) Projects under this chapter and chapter 53 of title
49.--A transportation improvement program developed under this
subsection for a metropolitan area shall include the projects
and strategies within the area that are proposed for funding
under this chapter and chapter 53 of title 49.
(B) Projects under chapter 2.--
(i) Regionally significant projects.--Regionally
significant projects proposed for funding under chapter 2
shall be identified individually in the transportation
improvement program.
(ii) Other projects.--Projects proposed for funding
under chapter 2 that are not determined to be regionally
significant shall be grouped in 1 line item or identified
individually in the transportation improvement program.
(C) Consistency with long-range transportation plan.--Each
project shall be consistent with the long-range transportation
plan developed under subsection (g) for the area.
(D) Requirement of anticipated full funding.--The program
shall include a project, or an identified phase of a project,
only if full funding can reasonably be anticipated to be
available for the project within the time period contemplated
for completion of the project.
(4) Notice and comment.--Before approving a transportation
improvement program, a metropolitan planning organization shall, in
cooperation with the State and any affected public transit operator,
provide citizens, affected public agencies, representatives of
transportation agency employees, freight shippers, providers of
freight transportation services, private providers of
transportation, representatives of users of public transit, and
other interested parties with reasonable notice of and an
opportunity to comment on the proposed program.
(5) Selection of projects.--
(A) In general.--Except as otherwise provided in subsection
(i)(4) and in addition to the transportation improvement program
development required under paragraph (1), the selection of
federally funded projects in metropolitan areas shall be carried
out, from the approved transportation improvement program--
(i) by--
(I) in the case of projects under this chapter, the
State; and
(II) in the case of projects under chapter 53 of
title 49, the designated transit funding recipients; and
(ii) in cooperation with the metropolitan planning
organization.
(B) Modifications to project priority.--Notwithstanding any
other provision of law, action by the Secretary shall not be
required to advance a project included in the approved
transportation improvement program in place of another project
in the program.
(6) Selection of projects from illustrative list.--
(A) No required selection.--Notwithstanding paragraph
(2)(B)(iv), a State or metropolitan planning organization shall
not be required to select any project from the illustrative list
of additional projects included in the financial plan under
paragraph (2)(B)(iv).
(B) Required action by the secretary.--Action by the
Secretary shall be required for a State or metropolitan planning
organization to select any project from the illustrative list of
additional projects included in the financial plan under
paragraph (2)(B)(iv) for inclusion in an approved transportation
improvement program.
(7) Publication.--
(A) Publication of transportation improvement programs.--A
transportation improvement program involving Government
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review.
(B) Publication of annual listings of projects.--An annual
listing of projects for which Federal funds have been obligated
in the preceding year shall be published or otherwise made
available by the metropolitan planning organization for public
review. The listing shall be consistent with the categories
identified in the transportation improvement program.
(i) Transportation Management Areas.--
(1) Designation.--
(A) Required designations.--The Secretary shall designate as
a transportation management area each urbanized area with a
population of over 200,000 individuals.
(B) Designations on request.--The Secretary shall designate
any additional area as a transportation management area on the
request of the Governor and the metropolitan planning
organization designated for the area.
(2) Transportation plans and programs.--Within a transportation
management area, transportation plans and programs shall be based on
a continuing and comprehensive transportation planning process
carried out by the metropolitan planning organization in cooperation
with the State and transit operators.
(3) Congestion management system.--Within a transportation
management area, the transportation planning process under this
section shall include a congestion management system that provides
for effective management of new and existing transportation
facilities eligible for funding under this title and chapter 53 of
title 49 through the use of travel demand reduction and operational
management strategies. The Secretary shall establish an appropriate
phase-in schedule for compliance with the requirements of this
section.
(4) Selection of projects.--
(A) In general.--All federally funded projects carried out
within the boundaries of a transportation management area under
this title (excluding projects carried out on the National
Highway System and projects carried out under the bridge program
or the Interstate maintenance program) or under chapter 53 of
title 49 shall be selected for implementation from the approved
transportation improvement program by the metropolitan planning
organization designated for the area in consultation with the
State and any affected public transit operator.
(B) National highway system projects.--Projects carried out
within the boundaries of a transportation management area on the
National Highway System and projects carried out within such
boundaries under the bridge program or the Interstate
maintenance program shall be selected for implementation from
the approved transportation improvement program by the State in
cooperation with the metropolitan planning organization
designated for the area.
(5) Certification.--
(A) In general.--The Secretary shall--
(i) ensure that the metropolitan planning process in
each 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 3 years, that the requirements of this
paragraph are met with respect to the transportation
management area.
(B) Requirements for certification.--The Secretary may make
the certification under subparagraph (A) if--
(i) the transportation planning process complies with
the requirements of this section and other applicable
requirements of Federal law; and
(ii) there is a transportation improvement program for
the area that has been approved by the metropolitan planning
organization and the Governor.
(C) Effect of failure to certify.--
(i) Withholding of funds.--If a metropolitan planning
process is not certified, the Secretary may withhold up to
20 percent of the apportioned funds attributable to the
transportation management area under this title and chapter
53 of title 49.
(ii) Restoration of withheld funds.--The withheld
apportionments shall be restored to the metropolitan area at
such time as the metropolitan planning organization is
certified by the Secretary.
(iii) Feasibility of private enterprise participation.--
The Secretary shall not withhold certification under this
paragraph based on 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.
(D) Review of certification.--In making certification
determinations under this paragraph, the Secretary shall provide
for public involvement appropriate to the metropolitan area
under review.
(j) Abbreviated Plans and Programs for Certain Areas.--
(1) In general.--Subject to paragraph (2), in the case of a
metropolitan area not designated as a transportation management area
under this section, the Secretary may provide for the development of
an abbreviated long-range transportation plan and transportation
improvement program for the metropolitan area that the Secretary
determines is appropriate to achieve the purposes of this section,
taking into account the complexity of transportation problems in the
area.
(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or programs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air Act
(42 U.S.C. 7401 et seq.).
(k) Transfer of Funds.--Funds made available for a highway project
under chapter 53 of title 49 shall be transferred to and administered by
the Secretary in accordance with the requirements of this title. Funds
made available for a transit project under the Federal-Aid Highway Act
of 1991 shall be transferred to and administered by the Secretary in
accordance with the requirements of chapter 53 of title 49. 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 chapter 53 of title 49 regarding non-Federal share shall
apply to chapter 53 funds used for highway projects.
(l) Additional Requirements for Certain Nonattainment Areas.--
(1) In general.--Notwithstanding any other provisions of this
title or chapter 53 of title 49, for transportation management areas
classified as nonattainment for ozone or carbon monoxide pursuant to
the Clean Air Act, Federal funds may not be programmed in such area
for any highway project that will result in a significant increase
in carrying capacity for single-occupant vehicles unless the project
is part of an approved congestion management system.
(2) Applicability.--This subsection applies to a nonattainment
area within the metropolitan planning area boundaries determined
under subsection (c).
(m) Limitation on Statutory Construction.--Nothing in this section
shall be construed to confer on a metropolitan planning organization the
authority to impose legal requirements on any transportation facility,
provider, or project not eligible under this title or chapter 53 of
title 49.
(n) Funding.--
(1) In general.--Funds set aside under section 104(f) of this
title to carry out sections 5303 through 5305 of title 49 shall be
available to carry out this section.
(2) Unused funds.--Any funds that are not used to carry out this
section may be made available by the metropolitan planning
organization to the State to fund activities under section 135.
(o) Continuation of Current Review Practice.--Since plans and
programs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included in
the plans and programs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since
decisions by the Secretary concerning plans and programs described in
this section have not been reviewed under such Act as of January 1,
1997, any decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a Federal action
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(Added Pub. L. 87-866, Sec. 9(a), Oct. 23, 1962, 76 Stat. 1148; amended
Pub. L. 91-605, title I, Sec. 143, Dec. 31, 1970, 84 Stat. 1737; Pub. L.
95-599, title I, Sec. 169, Nov. 6, 1978, 92 Stat. 2723; Pub. L. 102-240,
title I, Sec. 1024(a), Dec. 18, 1991, 105 Stat. 1955; Pub. L. 102-388,
title V, Sec. 502(b), Oct. 6, 1992, 106 Stat. 1566; Pub. L. 103-429,
Sec. 3(5), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104-59, title III,
Sec. 317, Nov. 28, 1995, 109 Stat. 588; Pub. L. 105-178, title I,
Sec. 1203(a)-(m), (o), June 9, 1998, 112 Stat. 170-179; Pub. L. 105-206,
title IX, Sec. 9003(c), July 22, 1998, 112 Stat. 839.)
References in Text
The date of the enactment of this section, referred to in subsec.
(b)(3), probably means the date of enactment of Pub. L. 102-240, which
amended this section generally and which was approved Dec. 18, 1991.
The Clean Air Act, referred to in subsecs. (b)(5)(B), (c)(3),
(4)(D), (e)(1), (g)(3), (j)(2), and (l)(1), is act July 14, 1955, ch.
360, 69 Stat. 322, as amended, which is classified generally to chapter
85 (Sec. 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 this paragraph, referred to in subsec.
(c)(3), (4), is the date of enactment of Pub. L. 105-178, which was
approved June 9, 1998.
Public Law 96-551, referred to in subsec. (d)(3)(A), is Pub. L. 96-
551, Dec. 19, 1980, 94 Stat. 3233, which is not classified to the Code.
The Federal-Aid Highway Act of 1991, referred to in subsec. (k), was
not enacted into law. However, provisions referred to as the Federal-Aid
Highway Act of 1991 were contained in several bills and are similar to
those appearing in part A of title I of Pub. L. 102-240, Dec. 18, 1991,
105 Stat. 1914, which Act is known as the Intermodal Surface
Transportation Efficiency Act of 1991. For classification of that Act to
the Code, see Short Title of 1991 Amendment note set out under section
101 of Title 49, Transportation, and Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (o), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 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
1998--Subsec. (a). Pub. L. 105-178, Sec. 1203(a), reenacted heading
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. (b)(1), (2). Pub. L. 105-178, Sec. 1203(b)(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. (b)(4). Pub. L. 105-178, Sec. 1203(b)(2), reenacted heading
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. (b)(5)(A). Pub. L. 105-178, Sec. 1203(b)(3), substituted
``agreement between the Governor'' for ``agreement among the Governor''
and ``government that together represent'' for ``government which
together represent''.
Subsec. (b)(6). Pub. L. 105-178, Sec. 1203(b)(4), amended heading
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). Pub. L. 105-178, Sec. 1203(c), inserted ``Planning''
before ``Area'' in subsec. heading, designated first sentence as par.
(1), inserted par. heading, 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). Pub. L. 105-178, Sec. 1203(d), reenacted heading
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). Pub. L. 105-178, Sec. 1203(e), substituted ``MPOs'' for
``MPO's'' in subsec. heading, designated existing provisions as par. (1)
and inserted par. heading, added par. (2), and realigned margins.
Subsec. (f). Pub. L. 105-178, Sec. 1203(f), amended heading 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). Pub. L. 105-178, Sec. 1203(g)(6), substituted ``Long-
Range Transportation Plan'' for ``Long Range Plan'' in heading.
Subsec. (g)(1). Pub. L. 105-178, Sec. 1203(g)(8), substituted
``long-range transportation plan'' for ``long range plan''.
Subsec. (g)(2). Pub. L. 105-178, Sec. 1203(g)(1), (7), (8),
substituted ``Long-range transportation plan'' for ``Long range plan''
in heading 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). Pub. L. 105-178, Sec. 1203(g)(2), (8),
substituted ``An identification of'' for ``Identify'' and ``long-range
transportation plan'' for ``long range plan''.
Subsec. (g)(2)(B). Pub. L. 105-178, Sec. 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). Pub. L. 105-178, Sec. 1203(g)(8), substituted
``long-range transportation plan'' for ``long range plan''.
Subsec. (g)(4). Pub. L. 105-178, Sec. 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). Pub. L. 105-178, Sec. 1203(g)(7), (8), substituted
``long-range transportation plan'' for ``long range plan'' in heading
and in introductory provisions.
Subsec. (g)(6). Pub. L. 105-178, Sec. 1203(g)(5), added par. (6).
Subsec. (h). Pub. L. 105-178, Sec. 1203(h), amended heading 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). Pub. L. 105-178, Sec. 1203(o), as added by Pub.
L. 105-206, Sec. 9003(c), struck out ``for implementation'' after
``federally funded projects'' in introductory provisions.
Subsec. (i)(1). Pub. L. 105-178, Sec. 1203(i)(1), reenacted heading
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). Pub. L. 105-178, Sec. 1203(i)(2), reenacted heading
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). Pub. L. 105-178, Sec. 1203(i)(3), reenacted heading
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(b)(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). Pub. L. 105-178, Sec. 1203(j), reenacted heading
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). Pub. L. 105-178, Sec. 1203(k), designated existing
provisions as par. (1), inserted heading, and added par. (2).
Subsec. (n). Pub. L. 105-178, Sec. 1203(l), amended heading 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). Pub. L. 105-178, Sec. 1203(m), added subsec. (o).
1995--Subsec. (f)(16). Pub. L. 104-59 added par. (16).
1994--Subsecs. (h)(5), (i)(3), (4). Pub. L. 103-429, Sec. 3(5)(A),
substituted ``chapter 53 of title 49'' for ``the Federal Transit Act''.
Subsec. (i)(5). Pub. L. 103-429, Sec. 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). Pub. L. 103-429, Sec. 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). Pub. L. 103-429, Sec. 3(5)(C), substituted
``chapter 53 of title 49'' for ``the Federal Transit Act''.
1992--Subsec. (k). Pub. 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--Pub. 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). Pub. L. 95-599, Sec. 169(a), inserted provisions
related to cooperation with local officials and specific considerations
in the planning process.
Subsecs. (b), (c). Pub. L. 95-599, Sec. 169(b), added subsec. (b)
and redesignated former subsec. (b) as (c).
1970--Pub. 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. (b).
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of this title.
Effective Date of 1991 Amendment
Amendment by Pub. 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 Pub.
L. 102-240, set out as a note under section 104 of this title.
Demonstration Project for Restricted Access to Central Business District
of Metropolitan Areas
Section 155 of Pub. L. 95-599 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
Section 159 of Pub. L. 95-599 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
Pub. L. 94-280, title I, Sec. 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
Pub. L. 90-495, Sec. 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 Pub. L. 91-605, title I,
Sec. 134(c), Dec. 31, 1970, 84 Stat. 1734. See section 137 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 103, 104, 115, 133, 135,
137, 142, 149, 182, 204, 217, 505 of this title; title 42 sections 7504,
7506; title 49 sections 5303, 5305.
