§ 5303. — Metropolitan planning.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5303]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5303. Metropolitan planning
(a) General Requirements.--
(1) Development of plans and programs.--To carry out section
5301(a), metropolitan planning organizations designated under
subsection (c), in cooperation with the States and mass
transportation operators, shall develop transportation plans and
programs for urbanized areas of the State.
(2) Contents.--The plans and programs developed under paragraph
(1) 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.
(3) Process.--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) 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.
(c) Designating Metropolitan Planning Organizations.--(1) To carry
out the planning process required by this section and sections 5304-5306
of this title, a metropolitan planning organization shall be designated
for each urbanized area with a population of more than 50,000--
(A) by agreement of the chief executive officer of a State 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) under procedures established by State or local law.
(2) 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 local
elected officials, officials of public agencies that administer or
operate major modes of transportation in the metropolitan area
(including all transportation authorities included in the organization
on June 1, 1991), and appropriate State officials.
(3) More than one metropolitan planning organization may be
designated 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 make designation of more than one
organization appropriate.
(4) A designation is effective until--
(A) the organization is redesignated under paragraph (5) of this
subsection; or
(B) revoked--
(i) by agreement of the chief executive officer and units of
general local government representing at least 75 percent of the
affected population; or
(ii) as otherwise provided by State or local procedures.
(5)(A) The chief executive officer and units of general purpose
local government that together represent at least 75 percent of the
affected population (including the central city as defined by the
Secretary of Commerce) may redesignate by agreement a metropolitan
planning organization when appropriate to carry out this section and
sections 5304-5306 of this title.
(B) A metropolitan planning organization shall be redesignated on
request of one or more units of general 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 an urbanized area
with a population of more than 5,000,000, but less than 10,000,000 or
that is an extreme nonattainment area for ozone or carbon monoxide (as
defined in the Clean Air Act (42 U.S.C. 7401 et seq.)).
(C) A metropolitan planning organization shall be redesignated using
procedures established to carry out this paragraph.
(D) Designations of metropolitan planning organizations, whether
made under this section or under any other provision of law, shall
remain in effect until redesignation under this paragraph.
(6) This subsection does not affect the authority, under State law
in effect on December 18, 1991, of a public authority with multimodal
transportation responsibilities--
(A) to develop plans and programs for a metropolitan planning
organization to adopt; and
(B) to develop long-range capital plans, coordinate mass
transportation services and projects, and carry out other activities
under State law.
(d) Metropolitan Planning Area Boundaries.--
(1) In general.--To carry out this section, the metropolitan
planning organization and the chief executive officer shall decide
by agreement on the boundaries of a metropolitan planning area.
(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 chief executive
officer of the State and any affected metropolitan planning
organizations, in the manner described in subsection (c)(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
under the Clean Air Act, the boundaries of the metropolitan planning
area--
(A) shall be established in the manner described in
subsection (c)(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.
(e) Coordination.--(1) The Secretary of Transportation shall
establish requirements the Secretary considers appropriate to encourage
chief executive officers and metropolitan planning organizations with
responsibility for part of a multi-State metropolitan area to provide
coordinated transportation planning for the entire area.
(2) Congress consents to at least 2 States making an agreement or
compact, not in conflict with a law of the United States, for
cooperative efforts and mutual assistance in support of activities
authorized under this section related to interstate areas and localities
in the States and establishing authorities the States consider desirable
for making the agreements and compacts effective.
(3) If more than one metropolitan planning organization has
authority in a metropolitan area or an area designated a nonattainment
area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), each organization shall consult with the other
organizations designated for the area and the State to coordinate plans
and projects required by this section and sections 5304-5306 of this
title.
(4) 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 this chapter; and
(B) by governmental agencies and non-profit organizations
(including representatives of the agencies and organizations) that
receive Governmental \1\ assistance from a source other than the
Department of Transportation to provide non-emergency transportation
services.
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\1\ So in original. Probably should not be capitalized.
(5) Coordination.--If a project is located within the boundaries of
more than one metropolitan planning organization, the metropolitan
planning organizations shall coordinate plans regarding the project.
(6) 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 chapter and sections 134 and 135 of title 23, United States
Code.
(C) Interstate compact.--
(i) In general.--Subject to clause (ii) and 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 chapter and under title 23, not more than
1 percent of the funds allocated under section 202 of title
23 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 of title 23, be
funded using funds allocated under section 202 of title 23,
United States Code.
(f) Developing Long-Range Transportation Plans.--(1) Each
metropolitan planning organization shall prepare and update
periodically, according to a schedule the Secretary of Transportation
decides is appropriate, a long-range plan for its metropolitan area
under the requirements of this section. The plan shall be in the form
the Secretary considers appropriate and at least shall--
(A) identify transportation facilities (including major
roadways, mass transportation, and multimodal and intermodal
facilities) that should function as an integrated metropolitan
transportation system, emphasizing transportation facilities that
serve important national, regional, and metropolitan transportation
functions;
(B) include a financial plan that--
(i) demonstrates how the long-range plan can be carried out;
(ii) indicates resources from public and private sources
reasonably expected to be made available to carry out the plan;
and
(iii) recommends any additional financing strategies for
needed projects and programs;
(C) identify transportation strategies necessary--
(i) to ensure preservation, including requirements for
management, operation, modernization, and rehabilitation, of the
existing and future transportation system; and
(ii) to use existing transportation facilities most
efficiently to relieve congestion, to efficiently serve the
mobility needs of people and goods, and to enhance access within
the metropolitan planning area;
(D) indicate appropriate proposed transportation enhancement
activities; and
(E) the financial plan may include, for illustrative purposes,
additional projects that would be included in the adopted long-range
plan if reasonable additional resources beyond those identified in
the financial plan were available, except that, for the purpose of
developing the long-range plan, the metropolitan planning
organization and the State shall cooperatively develop estimates of
funds that will be available to support plan implementation.
(2) When formulating a long-range plan, the metropolitan planning
organization shall consider the factors described in subsection (b) of
this section 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.
(3) In a metropolitan area that is in a nonattainment area for ozone
or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the
metropolitan planning organization shall coordinate the development of
the long-range plan with the development of the transportation control
measures of the State Implementation Plan required by the Act.
(4) Before approving a long-range plan, each metropolitan planning
organization shall provide citizens, affected public agencies,
representatives of mass transportation authority 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 plan in a way the Secretary of Transportation considers appropriate.
(5) A long-range plan shall be--
(A) published or otherwise made readily available for public
review; and
(B) submitted for information purposes to the chief executive
officer of the State at the time and in the way the Secretary of
Transportation establishes.
(6) Selection of projects from illustrative list.--Notwithstanding
paragraph (1)(E), 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
(1)(B).
(g) Grants.--Under criteria the Secretary of Transportation
establishes, the Secretary may make contracts for, and grants to,
States, local governmental authorities, and authorities of the States
and governmental authorities, or may make agreements with other
departments, agencies, and instrumentalities of the Government, to plan,
engineer, design, and evaluate a mass transportation project and for
other technical studies, including--
(1) studies related to management, operations, capital
requirements, and economic feasibility;
(2) evaluating previously financed projects; and
(3) other similar and related activities preliminary to and in
preparation for constructing, acquiring, or improving the operation
of facilities and equipment.
(h) Balanced and Comprehensive Planning.--(1) To the extent
practicable, the Secretary of Transportation shall ensure that amounts
made available under subsection (c) or (h)(1) of section 5338 of this
title to carry out this section and sections 5304 and 5305 of this title
are used to support balanced and comprehensive transportation planning
that considers the relationships among land use and all transportation
modes, without regard to the programmatic source of the planning
amounts.
(2)(A) The Secretary of Transportation shall apportion 80 percent of
the amount made available under subsection (c) or (h)(1) of section 5338
of this title to States in a ratio equal to the population in urbanized
areas in each State divided by the total population in urbanized areas
in all States, as shown by the latest available decennial census. A
State may not receive less than .5 percent of the amount apportioned
under this subparagraph.
(B) Amounts apportioned to a State under subparagraph (A) of this
paragraph shall be allocated to metropolitan planning organizations in
the State designated under this section under a formula--
(i) the State develops in cooperation with the metropolitan
planning organizations;
(ii) the Secretary of Transportation approves; and
(iii) that considers population in urbanized areas and provides
an appropriate distribution for urbanized areas to carry out the
cooperative processes described in this section.
(C) A State shall make amounts available promptly to eligible
metropolitan planning organizations according to procedures the
Secretary of Transportation approves.
(3)(A) The Secretary of Transportation shall apportion 20 percent of
the amount made available under subsection (c) or (h)(1) of section 5338
of this title to States to supplement allocations made under paragraph
(2)(B) of this subsection for metropolitan planning organizations.
(B) Amounts under this paragraph shall be allocated under a formula
that reflects the additional cost of carrying out planning, programming,
and project selection responsibilities under this section and sections
5304-5306 of this title in those areas.
(4) To the maximum extent practicable, the Secretary of
Transportation shall ensure that no metropolitan planning organization
is allocated less than the amount it received by administrative formula
under this section in the fiscal year that ended September 30, 1991. To
carry out this subsection, the Secretary may make a proportionate
reduction in other amounts made available to carry out subsection (c) or
(h)(1) of section 5338 of this title.
(5) Amounts available for an activity under this subsection are for
80 percent of the cost of the activity unless the Secretary of
Transportation decides it is in the interests of the Government not to
require a State or local match.
(6) An amount apportioned under this subsection--
(A) remains available for 3 years after the fiscal year in which
the amount is apportioned, and
(B) that is unobligated at the end of the 3-year period shall be
reapportioned among the States for the next fiscal year.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 788; Pub. L. 104-
287, Sec. 5(10), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 105-102,
Sec. 2(4), Nov. 20, 1997, 111 Stat. 2204; Pub. L. 105-178, title III,
Secs. 3004, 3029(b)(1)-(3), June 9, 1998, 112 Stat. 341, 372; Pub. L.
105-206, title IX, Sec. 9009(b), July 22, 1998, 112 Stat. 852.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5303(a)............................... 49 App.:1607(a) (2d-last July 9, 1964, Pub. L. 88-365, 78 Stat.
sentences). 302, Sec. 8(a) (2d-last sentences)-
(g), (n); added Nov. 6, 1978, Pub. L.
95-599, Sec. 305(b), 92 Stat. 2743;
Apr. 2, 1987, Pub. L. 100-17, Sec.
310, 101 Stat. 227; restated Dec. 18,
1991, Pub. L. 102-240, Sec. 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, Sec. 8(p); added Nov. 6, 1978,
Pub. L. 95-599, Sec. 305(b), 92 Stat.
2743; Apr. 2, 1987, Pub. L. 100-17,
Sec. 310, 101 Stat. 227; restated
Dec. 18, 1991, Pub. L. 102-240, Sec.
3012, 105 Stat. 2105; Oct. 6, 1992,
Pub. L. 102-388, Sec. 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. 104-287
This amends 49:5303(f)(2) and (h)(4) to correct erroneous cross-
references.
Pub. L. 105-102, Sec. 2(4)(A)
This amends 49:5303(c)(1) to correct an erroneous cross-reference.
Pub. L. 105-102, Sec. 2(4)(B)
This amends 49:5303(c)(4)(A) to correct an erroneous cross-
reference.
Pub. L. 105-102, Sec. 2(4)(C)
This amends 49:5303(c)(5)(A) to correct an erroneous cross-
reference.
References in Text
The Clean Air Act, referred to in subsecs. (c)(5)(B), (d)(3), (4),
(e)(3), and (f)(3), 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.
(d)(3), (4), is the date of enactment of Pub. L. 105-178, which was
approved June 9, 1998.
The Tahoe Regional Planning Compact [Pub. L. 96-551, 94 Stat. 3234],
referred to in subsec. (e)(6)(A), is not classified to the Code.
Amendments
1998--Subsecs. (a), (b). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 3004(b)(1)(A), as amended by Pub. L. 105-206,
Sec. 9009(b)(1)(A), substituted ``general purpose local government that
together represent'' for ``general local government representing''.
Subsec. (c)(2). Pub. L. 105-178, Sec. 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, Sec. 3004(b)(3), as amended by Pub.
L. 105-206, Sec. 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, Sec. 3004(b)(4), as added by
Pub. L. 105-206, Sec. 9009(b)(1)(E), directed an amendment identical to
that made by Pub. L. 105-102, Sec. 2(4)(B). See 1997 Amendment note
below.
Subsec. (c)(5)(A). Pub. L. 105-178, Sec. 3004(b)(5)(A), formerly
Sec. 3004(b)(4)(A), as renumbered and amended by Pub. L. 105-206,
Sec. 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, Sec. 3004(b)(5)(B), formerly
Sec. 3004(b)(4)(B), as renumbered by Pub. L. 105-206,
Sec. 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, Sec. 3004(b)(5)(C), formerly
Sec. 3004(b)(4)(C), as renumbered by Pub. L. 105-206,
Sec. 9009(b)(1)(D), added subpar. (D).
Subsec. (d). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 3004(d)(2), as amended
by Pub. L. 105-206, Sec. 9009(b)(2), added pars. (4) to (6).
Subsec. (f). Pub. L. 105-178, Sec. 3004(e)(5), substituted
``Developing Long-Range Transportation Plans'' for ``Developing Long-
Range Plans'' in heading.
Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 3004(f)(1), as added by
Pub. L. 105-206, Sec. 9009(b)(3), added subpar. (E).
Subsec. (f)(2). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 3004(e)(4), inserted
``published or otherwise'' before ``made readily available''.
Subsec. (f)(6). Pub. L. 105-178, Sec. 3004(f)(2), as added by Pub.
L. 105-206, Sec. 9009(b)(3), added par. (6).
Subsec. (h)(1). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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, Sec. 2(4)(A), inserted ``and
sections 5304-5306 of this title'' after ``this section''.
Subsec. (c)(4)(A). Pub. L. 105-102, Sec. 2(4)(B), substituted
``paragraph (5)'' for ``paragraph (3)''.
Subsec. (c)(5)(A). Pub. L. 105-102, Sec. 2(4)(C), inserted ``and
sections 5304-5306 of this title'' after ``this section''.
1996--Subsec. (f)(2). Pub. L. 104-287, Sec. 5(10)(A), substituted
``subsection (b)'' for ``subsection (e)''.
Subsec. (h)(4). Pub. L. 104-287, Sec. 5(10)(B), substituted
``section 5338(g)'' for ``5338(g)(1)''.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of Title 23, Highways.
Effective Date of 1996 Amendment
Section 8(1) of Pub. L. 104-287, as amended by Pub. L. 105-102,
Sec. 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.''
Section Referred to in Other Sections
This section is referred to in sections 5304, 5305, 5306, 5307,
5309, 5313, 5314, 5323, 5338 of this title; title 23 sections 134, 135.
