§5303. Metropolitan planning
(a)
(1)
(2)
(3)
(b)
(1)
(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)
(c)
(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)
(1)
(2)
(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period; and
(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census.
(3)
(4)
(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)
(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.
(5)
(6)
(A)
(B)
(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and
(ii) coordinate the transportation planning process with the planning process required of State and local governments under this chapter and sections 134 and 135 of title 23, United States Code.
(C)
(i)
(ii)
(I)
(II)
(D)
(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and
(ii) may, in accordance with chapter 2 of title 23, be funded using funds allocated under section 202 of title 23, United States Code.
(f)
(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)
(g)
(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)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5303(a) | 49 App.:1607(a) (2d–last sentences). | July 9, 1964,
|
| 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,
|
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.
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,
The date of enactment of this paragraph, referred to in subsec. (d)(3), (4), is the date of enactment of
The Tahoe Regional Planning Compact [
Amendments
1998-Subsecs. (a), (b).
Subsec. (c)(1)(A).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4)(A).
Subsec. (c)(5)(A).
Subsec. (c)(5)(B).
Subsec. (c)(5)(D).
Subsec. (d).
Subsec. (e)(2).
Subsec. (e)(4) to (6).
Subsec. (f).
Subsec. (f)(1)(A).
Subsec. (f)(1)(B)(iii).
Subsec. (f)(1)(C).
"(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).
Subsec. (f)(2).
Subsec. (f)(4).
Subsec. (f)(5)(A).
Subsec. (f)(6).
Subsec. (h)(1).
Subsec. (h)(2)(A), (3)(A).
Subsec. (h)(4).
1997-Subsec. (c)(1).
Subsec. (c)(4)(A).
Subsec. (c)(5)(A).
1996-Subsec. (f)(2).
Subsec. (h)(4).
Effective Date of 1998 Amendment
Title IX of
Effective Date of 1996 Amendment
Section 8(1) of
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.