1
 So in original.
in the State of California and a population of 65,000 and 12 square miles of land area and 12 square miles of land area 

Historical and Revision Notes

Pub. L. 103–272

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. 104–287

This 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.

Editorial Notes
References in Text

The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsecs. (d)(2) and (l)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

The Clean Air Act, referred to in subsecs. (e)(4)(A), (5)(D), (g)(1), (i)(3), (m)(2), and (n)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.

The date of enactment of the SAFETEA-LU, referred to in subsec. (e)(4)(A), (5), is the date of enactment of title III of Pub. L. 109–59, which was approved Aug. 10, 2005.

The National Environmental Policy Act of 1969, referred to in subsec. (q), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments

2021—Subsec. (a)(1). Pub. L. 117–58, § 30002(a)(1), inserted “and better connect housing and employment” after “urbanized areas”.

Subsec. (d)(3)(D). Pub. L. 117–58, § 30002(b)(1)(A), added subpar. (D).

Subsec. (d)(7). Pub. L. 117–58, § 30002(b)(1)(B), substituted “an existing urbanized area (as defined by the Bureau of the Census)” for “an existing metropolitan planning area” and “the area” for “the existing metropolitan planning area”.

Subsec. (g)(1). Pub. L. 117–58, § 30002(b)(2)(A), substituted “an urbanized area (as defined by the Bureau of the Census)” for “a metropolitan area”.

Subsec. (g)(3)(A). Pub. L. 117–58, § 30002(a)(2), inserted “housing,” after “economic development,”.

Subsec. (g)(4), (5). Pub. L. 117–58, § 30002(b)(2)(B), added pars. (4) and (5).

Subsec. (h)(1)(E). Pub. L. 117–58, § 30002(a)(3), inserted “, housing,” after “growth”.

Subsec. (i)(4)(B)(iii) to (vii). Pub. L. 117–58, § 30002(a)(4)(A), added cl. (iii) and redesignated former cls. (iii) to (vi) as (iv) to (vii), respectively.

Subsec. (i)(6)(A). Pub. L. 117–58, § 30002(a)(4)(B), inserted “affordable housing organizations,” after “disabled,”.

Subsec. (i)(6)(D). Pub. L. 117–58, § 30002(b)(3), added subpar. (D).

Subsec. (k)(4) to (6). Pub. L. 117–58, § 30002(a)(5), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Subsec. (p). Pub. L. 117–58, § 30002(b)(4), substituted “section 104(b)(6)” for “section 104(b)(5)”.

2017—Subsec. (r)(2)(C). Pub. L. 115–31 made amendment identical to that made by Pub. L. 114–322. See 2016 Amendment note below.

2016—Subsec. (r)(2)(C). Pub. L. 114–322 inserted “and 25 square miles of land area” after “145,000” and “and 12 square miles of land area” after “65,000”.

2015—Subsec. (a)(1). Pub. L. 114–94, § 3003(a)(1), inserted “resilient” after “development of”.

Subsec. (c)(2). Pub. L. 114–94, § 3003(a)(2), substituted “, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers” for “and bicycle transportation facilities”.

Subsec. (d)(3) to (7). Pub. L. 114–94, § 3003(a)(3), added par. (3), redesignated pars. (3) to (6) as (4) to (7), respectively, and in par. (5), substituted “paragraph (6)” for “paragraph (5)”.

Subsec. (e)(4)(B). Pub. L. 114–94, § 3003(a)(4), substituted “subsection (d)(6)” for “subsection (d)(5)”.

Subsec. (g)(3)(A). Pub. L. 114–94, § 3003(a)(5), inserted “tourism, natural disaster risk reduction,” after “economic development,”.

Subsec. (h)(1)(I). Pub. L. 114–94, § 3003(a)(6), added subpar. (I).

Subsec. (i)(2)(A)(i). Pub. L. 114–94, § 3003(a)(7)(A)(i), substituted “public transportation facilities, intercity bus facilities” for “transit”.

Subsec. (i)(2)(G). Pub. L. 114–94, § 3003(a)(7)(A)(ii), substituted “, provide” for “and provide” and inserted before period at end “, and reduce the vulnerability of the existing transportation infrastructure to natural disasters”.

Subsec. (i)(2)(H). Pub. L. 114–94, § 3003(a)(7)(A)(iii), inserted before period at end “, including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated”.

Subsec. (i)(6)(A). Pub. L. 114–94, § 3003(a)(7)(B), inserted “public ports,” before “freight shippers,” and “(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “private providers of transportation”.

Subsec. (i)(8). Pub. L. 114–94, § 3003(a)(7)(C), substituted “paragraph (2)(E)” for “paragraph (2)(C)” in two places.

Subsec. (k)(3)(A). Pub. L. 114–94, § 3003(a)(8)(A), inserted “(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects,” after “travel demand reduction”.

Subsec. (k)(3)(C), (D). Pub. L. 114–94, § 3003(a)(8)(B), added subpars. (C) and (D).

Subsec. (l)(1). Pub. L. 114–94, § 3003(a)(9)(A), inserted a period at end.

Subsec. (l)(2)(D). Pub. L. 114–94, § 3003(a)(9)(B), substituted “with a population of 200,000 or less” for “of less than 200,000”.

Subsec. (p). Pub. L. 114–94, § 3003(a)(10), substituted “Funds apportioned under section 104(b)(5)” for “Funds set aside under section 104(f)”.

Subsec. (r). Pub. L. 114–94, § 3003(a)(11), added subsec. (r).

2012—Pub. L. 112–141 amended section generally, substituting provisions consisting of subsecs. (a) to (q), including requirement to submit report on performance-based planning processes, for former provisions consisting of subsecs. (a) to (p).

2008—Subsec. (f)(3)(C)(ii)(II). Pub. L. 110–244, § 201(b)(1), added subcl. (II) and struck out former subcl. (II). Prior to amendment, text read as follows: “In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this chapter and title 23, 1 percent of the funds allocated under section 202 of title 23 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.”

Subsec. (j)(3)(D). Pub. L. 110–244, § 201(b)(2), inserted “or the identified phase” after “the project” in two places.

Subsec. (k)(2). Pub. L. 110–244, § 201(b)(3), struck out “a metropolitan planning area serving” before “a transportation management area,”.

2005—Pub. L. 109–59 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (h) relating to designation of a metropolitan planning organization for each urbanized area with a population of more than 50,000, general requirements, scope of planning process, boundaries of each area, coordination in multistate areas, development of long-range transportation plans, grants for studies and evaluations, and apportionment of funds.

1998—Subsecs. (a), (b). Pub. L. 105–178, § 3004(a), added subsecs. (a) and (b) and struck out headings and text of former subsecs. (a) and (b) which related to development requirements and plan and program factors, respectively.

Subsec. (c)(1)(A). Pub. L. 105–178, § 3004(b)(1)(B), substituted “or cities, as defined by the Bureau of the Census)” for “as defined by the Secretary of Commerce)”.

Pub. L. 105–178, § 3004(b)(1)(A), as amended by Pub. L. 105–206, § 9009(b)(1)(A), substituted “general purpose local government that together represent” for “general local government representing”.

Subsec. (c)(2). Pub. L. 105–178, § 3004(b)(2), substituted “Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area when designated or redesignated under this subsection shall consist of” for “In a metropolitan area designated as a transportation management area, the designated metropolitan planning organization, if redesignated after December 18, 1991, shall include” and “officials of public agencies” for “officials of authorities”.

Subsec. (c)(3). Pub. L. 105–178, § 3004(b)(3), as amended by Pub. L. 105–206, § 9009(b)(1)(B), substituted “within an existing metropolitan planning area only if the chief executive officer of the State and the existing metropolitan organization determine that the size and complexity of the existing metropolitan planning area” for “in an urbanized area (as defined by the Secretary of Commerce) only if the chief executive officer decides that the size and complexity of the urbanized area”.

Subsec. (c)(4)(A). Pub. L. 105–178, § 3004(b)(4), as added by Pub. L. 105–206, § 9009(b)(1)(E), directed an amendment identical to that made by Pub. L. 105–102, § 2(4)(B). See 1997 Amendment note below.

Subsec. (c)(5)(A). Pub. L. 105–178, § 3004(b)(5)(A), formerly § 3004(b)(4)(A), as renumbered and amended by Pub. L. 105–206, § 9009(b)(1)(C), (D), substituted “general purpose local government that together represent” for “general local government representing”.

Subsec. (c)(5)(B). Pub. L. 105–178, § 3004(b)(5)(B), formerly § 3004(b)(4)(B), as renumbered by Pub. L. 105–206, § 9009(b)(1)(D), substituted “or cities, as defined by the Bureau of the Census)” for “as defined by the Secretary of Commerce)”.

Subsec. (c)(5)(D). Pub. L. 105–178, § 3004(b)(5)(C), formerly § 3004(b)(4)(C), as renumbered by Pub. L. 105–206, § 9009(b)(1)(D), added subpar. (D).

Subsec. (d). Pub. L. 105–178, § 3004(c), inserted “Planning” after “Metropolitan” in subsec. heading, designated existing provisions as par. (1), inserted par. heading, realigned margins, inserted “planning” before “area” in first sentence and substituted pars. (2) to (4) for “The area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may include the Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area, as defined by the Secretary of Commerce. An area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) shall include at least the boundaries of the nonattainment area, except as the chief executive officer and metropolitan planning organization otherwise agree.”

Subsec. (e)(2). Pub. L. 105–178, § 3004(d)(1), inserted “or compact” after “2 States making an agreement” and substituted “making the agreements and compacts effective” for “making the agreement effective”.

Subsec. (e)(4) to (6). Pub. L. 105–178, § 3004(d)(2), as amended by Pub. L. 105–206, § 9009(b)(2), added pars. (4) to (6).

Subsec. (f). Pub. L. 105–178, § 3004(e)(5), substituted “Developing Long-Range Transportation Plans” for “Developing Long-Range Plans” in heading.

Pub. L. 105–178, § 3004(e)(6), which directed substitution of “long-range transportation plans” for “long-range plans” wherever appearing, could not be executed because “long-range plans” does not appear in text.

Subsec. (f)(1)(A). Pub. L. 105–178, § 3004(e)(1)(A), substituted “national, regional, and metropolitan transportation functions” for “United States and regional transportation functions”.

Subsec. (f)(1)(B)(iii). Pub. L. 105–178, § 3004(e)(1)(B), added cl. (iii) and struck out former cl. (iii) which read as follows: “recommends innovative financing techniques, including value capture, tolls, and congestion pricing, to finance needed projects and programs;”.

Subsec. (f)(1)(C). Pub. L. 105–178, § 3004(e)(1)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: “assess capital investment and other measures necessary—

“(i) to ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, and operations, maintenance, modernization, and rehabilitation of existing and future mass transportation facilities; and

“(ii) to use existing transportation facilities most efficiently to relieve vehicular congestion and maximize the mobility of individuals and goods; and”.

Subsec. (f)(1)(E). Pub. L. 105–178, § 3004(f)(1), as added by Pub. L. 105–206, § 9009(b)(3), added subpar. (E).

Subsec. (f)(2). Pub. L. 105–178, § 3004(e)(2), substituted “and any State or local goals developed within the cooperative metropolitan planning process as they relate to a 20-year forecast period and to other forecast periods as determined by the participants in the planning process” for “as they are related to a 20-year forecast period”.

Subsec. (f)(4). Pub. L. 105–178, § 3004(e)(3), inserted “freight shippers, providers of freight transportation services,” after “mass transportation authority employees,” and “representatives of users of public transit,” after “private providers of transportation,”.

Subsec. (f)(5)(A). Pub. L. 105–178, § 3004(e)(4), inserted “published or otherwise” before “made readily available”.

Subsec. (f)(6). Pub. L. 105–178, § 3004(f)(2), as added by Pub. L. 105–206, § 9009(b)(3), added par. (6).

Subsec. (h)(1). Pub. L. 105–178, § 3029(b)(1), (2), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g)(1) of this title” and “sections 5304 and 5305 of this title” for “sections 5304–5306 of this title”.

Subsec. (h)(2)(A), (3)(A). Pub. L. 105–178, § 3029(b)(1), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g)(1) of this title”.

Subsec. (h)(4). Pub. L. 105–178, § 3029(b)(3), substituted “subsection (c) or (h)(1) of section 5338 of this title” for “section 5338(g) of this title”.

1997—Subsec. (c)(1). Pub. L. 105–102, § 2(4)(A), inserted “and sections 5304–5306 of this title” after “this section”.

Subsec. (c)(4)(A). Pub. L. 105–102, § 2(4)(B), substituted “paragraph (5)” for “paragraph (3)”.

Subsec. (c)(5)(A). Pub. L. 105–102, § 2(4)(C), inserted “and sections 5304–5306 of this title” after “this section”.

1996—Subsec. (f)(2). Pub. L. 104–287, § 5(10)(A), substituted “subsection (b)” for “subsection (e)”.

Subsec. (h)(4). Pub. L. 104–287, § 5(10)(B), substituted “section 5338(g)” for “5338(g)(1)”.

Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment

Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

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, § 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.”

Pilot Program for Transit-Oriented Development Planning

Pub. L. 112–141, div. B, § 20005(b), July 6, 2012, 126 Stat. 642, as amended by Pub. L. 117–58, div. C, § 30009, Nov. 15, 2021, 135 Stat. 904, provided that:

“(1)
Definitions.—
In this subsection the following definitions shall apply:
“(A)
Eligible project.—
The term ‘eligible project’ means a new fixed guideway capital project or a core capacity improvement project, as those terms are defined in section 5309 of title 49, United States Code, as amended by this division.
“(B)
Secretary.—
The term ‘Secretary’ means the Secretary of Transportation.
“(2)
General authority.—
The Secretary may make grants under this subsection to a State or local governmental authority to assist in financing comprehensive or site-specific planning associated with an eligible project that seeks to—
“(A)
enhance economic development, ridership, and other goals established during the project development and engineering processes;
“(B)
facilitate multimodal connectivity and accessibility;
“(C)
increase access to transit hubs for pedestrian and bicycle traffic;
“(D)
enable mixed-use development;
“(E)
identify infrastructure needs associated with the eligible project; and
“(F)
include private sector participation.
“(3)
Eligibility.—
A State or local governmental authority that desires to participate in the program under this subsection shall submit to the Secretary an application that contains, at a minimum—
“(A)
identification of an eligible project;
“(B)
a schedule and process for the development of a comprehensive plan or a site-specific plan;
“(C)
a description of how the eligible project and the proposed comprehensive plan or the proposed site-specific plan advance the metropolitan transportation plan of the metropolitan planning organization;
“(D)
proposed performance criteria for the development and implementation of the comprehensive plan or the site-specific plan; and
“(E)
identification of—
“(i)
partners;
“(ii)
availability of and authority for funding; and
“(iii)
potential State, local or other impediments to the implementation of the comprehensive plan or the site-specific plan.”

Guidance on Documenting Compliance With Requirements of Private Enterprise Participation in Public Transportation Planning and Transportation Improvement Programs

Pub. L. 112–141, div. B, § 20013(d), July 6, 2012, 126 Stat. 694, as amended by Pub. L. 114–94, div. A, title III, § 3010(b), Dec. 4, 2015, 129 Stat. 1474, provided that: “Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary [of Transportation] shall publish in the Federal Register policy guidance regarding how to best document compliance by recipients of Federal assistance under chapter 53 of title 49, United States Code, with the requirements regarding private enterprise participation in public transportation planning and transportation improvement programs under sections 5303(i)(6), 5306(a), and 5307(b) of such title 49.”

Schedule for Implementation

Pub. L. 109–59, title III, § 3005(b), Aug. 10, 2005, 119 Stat. 1559, required the Secretary of Transportation to issue guidance on a schedule for implementation of the changes made to this section by section 3005(a) of Pub. L. 109–59 and required State or metropolitan planning organization plan or program updates to reflect such changes beginning July 1, 2007.