640 
culated according to the most recent decennial 
census); or 
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law. 
‘‘(2) SMALL URBANIZED AREAS.—To carry out 
the metropolitan transportation planning process 
under this section, a metropolitan planning organiza-
tion may be designated for any urbanized area with 
a population of 50,000 or more individuals, but 
fewer than 200,000 individuals, as calculated accord-
ing to the most recent decennial census— 
‘‘(A) by agreement between the applicable 
Governor and local officials that, in the aggre-
gate, represent at least 75 percent of the af-
fected population (including the largest incor-
porated city (based on population), as cal-
culated according to the most recent decennial 
census); and 
‘‘(B) with the consent of the Secretary, 
based on a finding that the resulting metropoli-
tan planning organization has met the min-
imum requirements under subsection (e)(4)(B). 
‘‘(3) STRUCTURE.—Not later than 1 year after 
the date of enactment of the Federal Public Trans-
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portation Act of 2012, a metropolitan planning orga-
nization shall consist of— 
‘‘(A) elected local officials in the relevant 
metropolitan area; 
‘‘(B) officials of public agencies that ad-
minister or operate major modes of transpor-
tation in the relevant metropolitan area, includ-
ing providers of public transportation; and 
‘‘(C) appropriate State officials. 
‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 
subsection interferes with any authority under any 
State law in effect on December 18, 1991, of a pub-
lic agency with multimodal transportation respon-
sibilities— 
‘‘(A) to develop the metropolitan transpor-
tation plans and transportation improvement 
programs for adoption by a metropolitan plan-
ning organization; or 
‘‘(B) to develop capital plans, coordinate 
public transportation services and projects, or 
carry out other activities pursuant to State law. 
‘‘(5) CONTINUING DESIGNATION.— 
‘‘(A) POPULATION OF 200,000 OR MORE.— 
A designation of an existing MPO for an urban-
ized area with a population of 200,000 or more 
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individuals, as calculated according to the most 
recent decennial census, shall remain in ef-
fect— 
‘‘(i) for the period during which the 
structure of the existing MPO complies 
with the requirements of paragraph (1); or 
‘‘(ii) until the date on which the exist-
ing MPO is redesignated under paragraph 
(6). 
‘‘(B) 
POPULATION
OF
FEWER
THAN 
200,000.— 
‘‘(i) IN GENERAL.—A designation of 
an existing MPO for an urbanized area 
with a population of fewer than 200,000 
individuals, as calculated according to the 
most recent decennial census, shall remain 
in effect until the date on which the exist-
ing MPO is redesignated under paragraph 
(6) unless— 
‘‘(I) the existing MPO requests 
that its planning responsibilities be 
transferred to the State or to another 
planning organization designated by 
the State; or 
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‘‘(II)(aa) the Secretary deter-
mines 3 years after the date on which 
the Secretary issues a rule pursuant 
to subsection (e)(4)(B)(i), that the ex-
isting MPO is not meeting the min-
imum requirements established by the 
rule; and 
‘‘(bb) the Secretary approves the 
Governor’s determination. 
‘‘(ii) WRITTEN JUSTIFICATION.—The 
Secretary shall in a timely manner provide 
a substantive written justification to each 
metropolitan planning organization that is 
the subject of a negative determination of 
the Secretary under clause (i)(II). 
‘‘(C) EXTENSION.—If a metropolitan plan-
ning organization for an urbanized area with a 
population of less than 200,000 that would oth-
erwise be terminated under subparagraph (B), 
requests a probationary continuation before the 
termination of the metropolitan planning orga-
nization, the Secretary shall— 
‘‘(i) delay the termination of the met-
ropolitan planning organization under sub-
paragraph (B) for a period of 1 year; 
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‘‘(ii) provide additional technical as-
sistance to all metropolitan planning orga-
nizations provided an extension under this 
paragraph to assist the metropolitan plan-
ning organization in meeting the minimum 
requirements under subsection (e)(4)(B)(i); 
and 
‘‘(iii) make a determination 1 year 
after the date on which the Secretary 
issues an extension, whether the MPO has 
meet the minimum requirements estab-
lished under subsection (e)(4)(B)(i). 
‘‘(D) DESIGNATION AS TIER II MPO.—If 
the Secretary determines the existing MPO has 
met the minimum requirements under the rule 
issued under subsection (e)(4)(B)(i), the Sec-
retary shall designate the existing MPO as a 
tier II MPO. 
‘‘(6) REDESIGNATION.— 
‘‘(A) IN GENERAL.—The designation of a 
metropolitan planning organization under this 
subsection shall remain in effect until the date 
on which the metropolitan planning organiza-
tion is redesignated, as appropriate, in accord-
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ance with the requirements of this subsection 
pursuant to an agreement between— 
‘‘(i) the applicable Governor; and 
‘‘(ii) affected local officials who, in the 
aggregate, represent at least 75 percent of 
the existing metropolitan planning area 
population (including the largest incor-
porated city (based on population), as cal-
culated according to the most recent de-
cennial census). 
‘‘(B) RESTRUCTURING.—A metropolitan 
planning organization may be restructured to 
meet the requirements of paragraph (3) without 
undertaking a redesignation. 
‘‘(7) ABSENCE OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A metropolitan plan-
ning organization that is the subject of a nega-
tive determination of the Secretary under para-
graph (5)(B)(i)(II) shall submit to the State in 
which the metropolitan planning organization is 
located, or to a planning organization des-
ignated by the State, by not later than 180 
days after the date on which a notice of the 
negative determination is received, a 6-month 
plan that includes a description of a method— 
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‘‘(i) to transfer the responsibilities of 
the metropolitan planning organization to 
the State; and 
‘‘(ii) to dissolve the metropolitan plan-
ning organization. 
‘‘(B) ACTION ON DISSOLUTION.—On sub-
mission of a plan under subparagraph (A), the 
metropolitan planning area served by the appli-
cable 
metropolitan 
planning 
organization 
shall— 
‘‘(i) continue to receive metropolitan 
transportation planning funds until the 
earlier of— 
‘‘(I) the date of dissolution of the 
metropolitan planning organization; 
and 
‘‘(II) the date that is 4 years 
after the date of enactment of the 
Federal Public Transportation Act of 
2012; and 
‘‘(ii) be treated by the State as a non-
metropolitan area for purposes of this 
chapter. 
‘‘(8) DESIGNATION OF MULTIPLE MPOS.— 
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‘‘(A) IN GENERAL.—More than 1 metro-
politan planning organization may be des-
ignated within an existing metropolitan plan-
ning area only if the applicable Governor and 
an existing MPO determine that the size and 
complexity of the existing metropolitan planning 
area make the designation of more than 1 met-
ropolitan planning organization for the metro-
politan planning area appropriate. 
‘‘(B) SERVICE
JURISDICTIONS.—If more 
than 1 metropolitan planning organization is 
designated for an existing metropolitan plan-
ning area under subparagraph (A), the existing 
metropolitan planning area shall be split into 
multiple metropolitan planning areas, each of 
which shall be served by the existing MPO or 
a new metropolitan planning organization. 
‘‘(C) TIER
DESIGNATION.—The tier des-
ignation of each metropolitan planning organi-
zation subject to a designation under this para-
graph shall be determined based on the size of 
each respective metropolitan planning area, in 
accordance with subsection (e)(4). 
‘‘(d) METROPOLITAN
PLANNING
AREA
BOUND-
ARIES.— 
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‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the boundaries of a metropolitan planning area 
shall be determined by agreement between the appli-
cable metropolitan planning organization and the 
Governor of the State in which the metropolitan 
planning area is located. 
‘‘(2) INCLUDED
AREA.—Each metropolitan 
planning area— 
‘‘(A) shall encompass at least the relevant 
existing urbanized area and any contiguous 
area expected to become urbanized within a 20- 
year forecast period under the applicable metro-
politan transportation plan; and 
‘‘(B) may encompass the entire relevant 
metropolitan statistical area, as defined by the 
Office of Management and Budget. 
‘‘(3) IDENTIFICATION
OF
NEW
URBANIZED 
AREAS.—The designation by the Bureau of the Cen-
sus of a new urbanized area within the boundaries 
of an existing metropolitan planning area shall not 
require the redesignation of the relevant existing 
MPO. 
‘‘(4) 
NONATTAINMENT
AND
MAINTENANCE 
AREAS.— 
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‘‘(A) EXISTING METROPOLITAN PLANNING 
AREAS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), notwithstanding para-
graph (2), in the case of an urbanized area 
designated as a nonattainment area or 
maintenance area as of the date of enact-
ment of the Federal Public Transportation 
Act of 2012, the boundaries of the existing 
metropolitan planning area as of that date 
of enactment shall remain in force and ef-
fect. 
‘‘(ii) 
EXCEPTION.—Notwithstanding 
clause (i), the boundaries of an existing 
metropolitan planning area described in 
that clause may be adjusted by agreement 
of the applicable Governor and the affected 
metropolitan planning organizations in ac-
cordance with paragraph (1). 
‘‘(B) 
NEW
METROPOLITAN
PLANNING 
AREAS.—In the case of an urbanized area des-
ignated as a nonattainment area or mainte-
nance area after the date of enactment of the 
Federal Public Transportation Act of 2012, the 
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boundaries of the applicable metropolitan plan-
ning area— 
‘‘(i) shall be established in accordance 
with subsection (c)(1); 
‘‘(ii) shall encompass the areas de-
scribed in paragraph (2)(A); 
‘‘(iii) may encompass the areas de-
scribed in paragraph (2)(B); and 
‘‘(iv) may address any appropriate 
nonattainment area or maintenance area. 
‘‘(e) REQUIREMENTS.— 
‘‘(1) DEVELOPMENT OF PLANS AND TIPS.—To 
accomplish the policy objectives described in sub-
section (a), each metropolitan planning organization, 
in cooperation with the applicable State and public 
transportation operators, shall develop metropolitan 
transportation plans and transportation improve-
ment programs for metropolitan planning areas of 
the State through a performance-driven, outcome- 
based approach to metropolitan transportation plan-
ning consistent with subsection (h). 
‘‘(2) CONTENTS.—The metropolitan transpor-
tation plans and transportation improvement pro-
grams for each metropolitan area shall provide for 
the development and integrated management and 
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determines the metropolitan planning orga-
nization can meet the minimum technical 
requirements under clause (iv). 
‘‘(iii) REDESIGNATION AS TIER I.—A 
metropolitan planning organization oper-
ating within a metropolitan planning area 
with a population of 200,000 or more and 
fewer than 1,000,000 individuals and pri-
marily within urbanized areas with popu-
lations of 200,000 or more individuals, as 
calculated according to the most recent de-
cennial census, that is designated as a tier 
II MPO under subparagraph (B) may re-
quest, with the support of the applicable 
Governor, a redesignation as a tier I MPO 
on a determination by the Secretary that 
the metropolitan planning organization has 
met the minimum technical requirements 
under clause (iv). 
‘‘(iv) MINIMUM TECHNICAL REQUIRE-
MENTS.—Not later than 1 year after the 
date of enactment of the Federal Public 
Transportation Act of 2012, the Secretary 
shall issue a rule that establishes the min-
imum technical requirements necessary for 
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a metropolitan planning organization to be 
designated as a tier I MPO, including, at 
a minimum, modeling, data, staffing, and 
other technical requirements. 
‘‘(B) TIER II MPOS.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
Federal Public Transportation Act of 
2012, the Secretary shall issue a rule that 
establishes minimum requirements nec-
essary for a metropolitan planning organi-
zation to be designated as a tier II MPO. 
‘‘(ii) REQUIREMENTS.—The minimum 
requirements established under clause (i) 
shall— 
‘‘(I) be limited to ensuring that 
each metropolitan planning organiza-
tion has the capabilities necessary to 
develop the metropolitan transpor-
tation plan and transportation im-
provement program under this sec-
tion; and 
‘‘(II) include— 
‘‘(aa) only the staffing capa-
bilities necessary to operate the 
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metropolitan planning organiza-
tion; and 
‘‘(bb) a requirement that the 
metropolitan planning organiza-
tion has the technical capacity to 
conduct the travel demand model 
and forecasting necessary, as ap-
propriate to the size and re-
sources of the metropolitan plan-
ning organization, to fulfill the 
requirements of this section, ex-
cept that in cases in which a 
metropolitan planning organiza-
tion has a formal agreement with 
a State to conduct the modeling 
on behalf of the metropolitan 
planning organization, the metro-
politan 
planning 
organization 
shall be exempt from the tech-
nical capacity requirement. 
‘‘(iii) LIMITATION.—The rule issued 
pursuant to this subparagraph shall only 
include the minimum requirements estab-
lished in clause (ii). 
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‘‘(iv) 
INCLUSION.—A 
metropolitan 
planning organization operating primarily 
within an urbanized area with a population 
of 200,000 or more individuals, as cal-
culated according to the most recent de-
cennial census, and that does not qualify 
as a tier I MPO under subparagraph 
(A)(i), shall— 
‘‘(I) be designated as a tier II 
MPO; and 
‘‘(II) follow the processes under 
subsection (k). 
‘‘(C) CONSOLIDATION.— 
‘‘(i) IN GENERAL.—Metropolitan plan-
ning organizations operating within contig-
uous or adjacent urbanized areas may elect 
to consolidate in order to meet the popu-
lation thresholds required to achieve des-
ignation as a tier I or tier II MPO under 
this paragraph. 
‘‘(ii) 
EFFECT
OF
SUBSECTION.— 
Nothing in this subsection requires or pre-
vents consolidation among multiple metro-
politan 
planning 
organizations 
located 
within a single urbanized area. 
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‘‘(f) COORDINATION IN MULTISTATE AREAS.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each Governor with responsibility for a portion 
of a multistate metropolitan area and the appro-
priate metropolitan planning organizations to pro-
vide coordinated transportation planning for the en-
tire metropolitan area. 
‘‘(2) 
COORDINATION
ALONG
DESIGNATED 
TRANSPORTATION CORRIDORS.—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 designated transportation corridor. 
‘‘(3) COORDINATION
WITH
INTERSTATE
COM-
PACTS.—The Secretary shall encourage metropolitan 
planning organizations to take into consideration, 
during the development of metropolitan transpor-
tation plans and transportation improvement pro-
grams, any relevant transportation studies con-
cerning planning for regional transportation (includ-
ing high-speed and intercity rail corridor studies, 
commuter rail corridor studies, intermodal termi-
nals, and interstate highways) in support of freight, 
intercity, or multistate area projects and services 
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that have been developed pursuant to interstate com-
pacts or agreements, or by organizations established 
under section 5304. 
‘‘(g) ENGAGEMENT IN METROPOLITAN TRANSPOR-
TATION PLAN AND TIP DEVELOPMENT.— 
‘‘(1) 
NONATTAINMENT
AND
MAINTENANCE 
AREAS.—If more than 1 metropolitan planning orga-
nization has authority within a metropolitan area, 
nonattainment area, or maintenance area, each met-
ropolitan planning organization shall consult with all 
other metropolitan planning organizations des-
ignated for the metropolitan area, nonattainment 
area, or maintenance area and the State in the de-
velopment of metropolitan transportation plans and 
transportation improvement programs under this 
section. 
‘‘(2) TRANSPORTATION
IMPROVEMENTS
LO-
CATED
IN
MULTIPLE
METROPOLITAN
PLANNING 
AREAS.—If a transportation improvement project 
funded under this chapter or title 23 is located with-
in the boundaries of more than 1 metropolitan plan-
ning area, the affected metropolitan planning orga-
nizations shall coordinate metropolitan transpor-
tation plans and transportation improvement pro-
grams regarding the project. 
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‘‘(3) COORDINATION OF ADJACENT PLANNING 
ORGANIZATIONS.— 
‘‘(A) IN GENERAL.—A metropolitan plan-
ning organization that is adjacent or located in 
reasonably close proximity to another metropoli-
tan planning organization shall coordinate with 
that metropolitan planning organization with 
respect to planning processes, including prepa-
ration of metropolitan transportation plans and 
transportation improvement programs, to the 
maximum extent practicable. 
‘‘(B) NONMETROPOLITAN PLANNING ORGA-
NIZATIONS.—A metropolitan planning organiza-
tion that is adjacent or located in reasonably 
close proximity to a nonmetropolitan planning 
organization shall consult with that nonmetro-
politan planning organization with respect to 
planning processes, to the maximum extent 
practicable. 
‘‘(4) RELATIONSHIP
WITH
OTHER
PLANNING 
OFFICIALS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
encourage each metropolitan planning organiza-
tion to cooperate with Federal, State, tribal, 
and local officers and entities responsible for 
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other types of planning activities that are af-
fected by transportation in the relevant area 
(including planned growth, economic develop-
ment, infrastructure services, housing, other 
public services, environmental protection, air-
port operations, high-speed and intercity pas-
senger rail, freight rail, port access, and freight 
movements), to the maximum extent prac-
ticable, to ensure that the metropolitan trans-
portation planning process, metropolitan trans-
portation plans, and transportation improve-
ment programs are developed in cooperation 
with other related planning activities in the 
area. 
‘‘(B) INCLUSION.—Cooperation under sub-
paragraph (A) shall include the design and de-
livery of transportation services within the met-
ropolitan area that are provided by— 
‘‘(i) recipients of assistance under sec-
tions 202, 203, and 204 of title 23; 
‘‘(ii) recipients of assistance under 
this title; 
‘‘(iii) government agencies and non-
profit organizations (including representa-
tives of the agencies and organizations) 
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that receive Federal assistance from a 
source other than the Department of 
Transportation to provide nonemergency 
transportation services; and 
‘‘(iv) sponsors of regionally significant 
programs, projects, and services that are 
related to transportation and receive as-
sistance from any public or private source. 
‘‘(5) COORDINATION OF OTHER FEDERALLY RE-
QUIRED PLANNING PROGRAMS.—The Secretary shall 
encourage each metropolitan planning organization 
to coordinate, to the maximum extent practicable, 
the development of metropolitan transportation 
plans and transportation improvement programs 
with other relevant federally required planning pro-
grams. 
‘‘(h) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN GENERAL.—The metropolitan transpor-
tation planning process for a metropolitan planning 
area under this section shall provide for consider-
ation of projects and strategies that will— 
‘‘(A) support the economic vitality of the 
metropolitan area, especially by enabling global 
competitiveness, travel and tourism (where ap-
plicable), productivity, and efficiency; 
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‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(D) increase the accessibility and mobility 
of individuals and freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns; 
‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, 
across and between modes, for individuals and 
freight; 
‘‘(G) increase efficient system management 
and operation; and 
‘‘(H) emphasize the preservation of the ex-
isting transportation system. 
‘‘(2) PERFORMANCE-BASED APPROACH.— 
‘‘(A) 
IN
GENERAL.—The 
metropolitan 
transportation planning process shall provide 
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for the establishment and use of a performance- 
based approach to transportation decision-
making to support the national goals described 
in section 5301(c) of this title and in section 
150(b) of title 23. 
‘‘(B) PERFORMANCE TARGETS.— 
‘‘(i) SURFACE TRANSPORTATION PER-
FORMANCE TARGETS.— 
‘‘(I) IN GENERAL.—Each metro-
politan planning organization shall es-
tablish performance targets that ad-
dress the performance measures de-
scribed in sections 119(f), 148(h), 
149(k) (where applicable), and 167(i) 
of title 23, to use in tracking attain-
ment of critical outcomes for the re-
gion of the metropolitan planning or-
ganization. 
‘‘(II) COORDINATION.—Selection 
of performance targets by a metropoli-
tan planning organization shall be co-
ordinated with the relevant State to 
ensure consistency, to the maximum 
extent practicable. 
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664 
‘‘(ii) PUBLIC TRANSPORTATION PER-
FORMANCE TARGETS.—Each metropolitan 
planning organization shall adopt the per-
formance targets identified by providers of 
public transportation pursuant to sections 
5326(c) and 5329(d), for use in tracking 
attainment of critical outcomes for the re-
gion of the metropolitan planning organi-
zation. 
‘‘(C) TIMING.—Each metropolitan plan-
ning organization shall establish the perform-
ance targets under subparagraph (B) not later 
than 90 days after the date on which the rel-
evant State or provider of public transportation 
establishes the performance targets. 
‘‘(D) INTEGRATION OF OTHER PERFORM-
ANCE-BASED PLANS.—A metropolitan planning 
organization shall integrate in the metropolitan 
transportation planning process, directly or by 
reference, the goals, objectives, performance 
measures, and targets described in other State 
plans and processes, as well as asset manage-
ment and safety plans developed by providers of 
public transportation, required as part of a per-
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formance-based program, including plans such 
as— 
‘‘(i) the State National Highway Sys-
tem asset management plan; 
‘‘(ii) asset management plans devel-
oped by providers of public transportation; 
‘‘(iii) the State strategic highway safe-
ty plan; 
‘‘(iv) a congestion mitigation and air 
quality performance plan developed under 
section 149(k) of title 23 by a tier I MPO 
representing a nonattainment or mainte-
nance area; 
‘‘(v) safety plans developed by pro-
viders of public transportation; and 
‘‘(vi) the national freight strategic 
plan. 
‘‘(E) USE
OF
PERFORMANCE
MEASURES 
AND
TARGETS.—The performance measures 
and targets established under this paragraph 
shall be used, at a minimum, by the relevant 
metropolitan planning organization as the basis 
for development of policies, programs, and in-
vestment priorities reflected in the metropolitan 
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transportation plan and transportation improve-
ment program. 
‘‘(3) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to take into consideration 1 or more of the 
factors specified in paragraphs (1) and (2) shall not 
be subject to review by any court under this chapter, 
title 23, subchapter II of chapter 5 of title 5, or 
chapter 7 of title 5 in any matter affecting a metro-
politan transportation plan, a transportation im-
provement program, a project or strategy, or the 
certification of a planning process. 
‘‘(4) PARTICIPATION
BY
INTERESTED
PAR-
TIES.— 
‘‘(A) IN
GENERAL.—Each metropolitan 
planning organization shall provide to affected 
individuals, public agencies, and other inter-
ested parties (including State representatives of 
nonmotorized users) notice and a reasonable op-
portunity to comment on the metropolitan 
transportation plan and transportation improve-
ment program and any relevant scenarios. 
‘‘(B) 
CONTENTS
OF
PARTICIPATION 
PLAN.—Each metropolitan planning organiza-
tion shall establish a participation plan that— 
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‘‘(i) is developed in consultation with 
interested parties and local officials; and 
‘‘(ii) provides that interested parties 
and local officials have reasonable opportu-
nities to comment on the contents of the 
metropolitan transportation plan of the 
metropolitan planning organization. 
‘‘(C) METHODS.—In carrying out subpara-
graph (A), the metropolitan planning organiza-
tion shall, to the maximum extent practicable— 
‘‘(i) develop the metropolitan trans-
portation plan and transportation improve-
ment program in consultation with inter-
ested parties (including State representa-
tives of nonmotorized users), as appro-
priate, including by the formation of advi-
sory groups representative of the commu-
nity and interested parties that participate 
in the development of the metropolitan 
transportation plan and transportation im-
provement program; 
‘‘(ii) hold any public meetings at 
times and locations that are, as applica-
ble— 
‘‘(I) convenient; and 
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‘‘(II) in compliance with the 
Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(iii) employ visualization techniques 
to describe metropolitan transportation 
plans and transportation improvement pro-
grams; and 
‘‘(iv) make public information avail-
able in appropriate electronically accessible 
formats and means, such as the Internet, 
to afford reasonable opportunity for con-
sideration of public information under sub-
paragraph (A). 
‘‘(i) DEVELOPMENT OF METROPOLITAN TRANSPOR-
TATION PLAN.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than 5 years after 
the date of enactment of the Federal Public 
Transportation Act of 2012, and not less fre-
quently than once every 5 years thereafter, each 
metropolitan planning organization shall pre-
pare and update, respectively, a metropolitan 
transportation plan for the relevant metropoli-
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tan planning area in accordance with this sec-
tion. 
‘‘(B) EXCEPTIONS.—A metropolitan plan-
ning organization shall prepare or update, as 
appropriate, the metropolitan transportation 
plan not less frequently than once every 4 years 
if the metropolitan planning organization is op-
erating within— 
‘‘(i) a nonattainment area; or 
‘‘(ii) a maintenance area. 
‘‘(2) OTHER REQUIREMENTS.—A metropolitan 
transportation plan under this section shall— 
‘‘(A) be in a form that the Secretary deter-
mines to be appropriate; 
‘‘(B) have a term of not less than 20 
years; and 
‘‘(C) contain, at a minimum— 
‘‘(i) an identification of the existing 
transportation 
infrastructure, 
including 
highways, local streets and roads, bicycle 
and pedestrian facilities, public transpor-
tation facilities and services, commuter rail 
facilities and services, high-speed and 
intercity passenger rail facilities and serv-
ices, freight facilities (including freight 
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railroad and port facilities), multimodal 
and intermodal facilities, and intermodal 
connectors that, evaluated in the aggre-
gate, function as an integrated metropoli-
tan transportation system; 
‘‘(ii) a description of the performance 
measures and performance targets used in 
assessing the existing and future perform-
ance of the transportation system in ac-
cordance with subsection (h)(2); 
‘‘(iii) a description of the current and 
projected future usage of the transpor-
tation system, including a projection based 
on a preferred scenario, and further in-
cluding, to the extent practicable, an iden-
tification of existing or planned transpor-
tation rights-of-way, corridors, facilities, 
and related real properties; 
‘‘(iv) a system performance report 
evaluating the existing and future condi-
tion and performance of the transportation 
system with respect to the performance 
targets described in subsection (h)(2) and 
updates in subsequent system performance 
reports, including— 
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‘‘(I) progress achieved by the 
metropolitan planning organization in 
meeting the performance targets in 
comparison with system performance 
recorded in previous reports; 
‘‘(II) an accounting of the per-
formance of the metropolitan planning 
organization on outlay of obligated 
project funds and delivery of projects 
that have reached substantial comple-
tion in relation to— 
‘‘(aa) the projects included 
in the transportation improve-
ment program; and 
‘‘(bb) the projects that have 
been removed from the previous 
transportation improvement pro-
gram; and 
‘‘(III) when appropriate, an anal-
ysis of how the preferred scenario has 
improved the conditions and perform-
ance of the transportation system and 
how changes in local policies, invest-
ments, and growth have impacted the 
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costs necessary to achieve the identi-
fied performance targets; 
‘‘(v) recommended strategies and in-
vestments for improving system perform-
ance over the planning horizon, including 
transportation systems management and 
operations strategies, maintenance strate-
gies, demand management strategies, asset 
management strategies, capacity and en-
hancement investments, State and local 
economic development and land use im-
provements, intelligent transportation sys-
tems deployment, and technology adoption 
strategies, as determined by the projected 
support of the performance targets de-
scribed in subsection (h)(2); 
‘‘(vi) recommended strategies and in-
vestments to improve and integrate dis-
ability-related access to transportation in-
frastructure, including strategies and in-
vestments based on a preferred scenario, 
when appropriate; 
‘‘(vii) investment priorities for using 
projected available and proposed revenues 
over the short- and long-term stages of the 
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673 
planning horizon, in accordance with the 
financial plan required under paragraph 
(4); 
‘‘(viii) a description of interstate com-
pacts entered into in order to promote co-
ordinated 
transportation 
planning 
in 
multistate areas, if applicable; 
‘‘(ix) an optional illustrative list of 
projects containing investments that— 
‘‘(I) are not included in the met-
ropolitan transportation plan; but 
‘‘(II) would be so included if re-
sources in addition to the resources 
identified in the financial plan under 
paragraph (4) were available; 
‘‘(x) a discussion (developed in con-
sultation with Federal, State, and tribal 
wildlife, land management, and regulatory 
agencies) of types of potential environ-
mental and stormwater mitigation activi-
ties and potential areas to carry out those 
activities, including activities that may 
have the greatest potential to restore and 
maintain the environmental functions af-
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fected by the metropolitan transportation 
plan; and 
‘‘(xi) recommended strategies and in-
vestments, including those developed by 
the State as part of interstate compacts, 
agreements, or organizations, that support 
intercity transportation. 
‘‘(3) SCENARIO DEVELOPMENT.— 
‘‘(A) IN GENERAL.—When preparing the 
metropolitan transportation plan, the metropoli-
tan planning organization may, while fitting the 
needs and complexity of their community, de-
velop multiple scenarios for consideration as a 
part of the development of the metropolitan 
transportation plan, in accordance with sub-
paragraph (B). 
‘‘(B) COMPONENTS
OF
SCENARIOS.—The 
scenarios— 
‘‘(i) shall include potential regional in-
vestment strategies for the planning hori-
zon; 
‘‘(ii) shall include assumed distribu-
tion of population and employment; 
‘‘(iii) may include a scenario that, to 
the maximum extent practicable, maintains 
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baseline conditions for the performance 
measures identified in subsection (h)(2); 
‘‘(iv) may include a scenario that im-
proves the baseline conditions for as many 
of the performance measures under sub-
section (h)(2) as possible; 
‘‘(v) shall be revenue constrained 
based on the total revenues expected to be 
available over the forecast period of the 
plan; and 
‘‘(vi) may include estimated costs and 
potential revenues available to support 
each scenario. 
‘‘(C) METRICS.—In addition to the per-
formance measures identified in subsection 
(h)(2), scenarios developed under this para-
graph may be evaluated using locally developed 
metrics for the following categories: 
‘‘(i) Congestion and mobility, includ-
ing transportation use by mode. 
‘‘(ii) Freight movement. 
‘‘(iii) Safety. 
‘‘(iv) Efficiency and costs to tax-
payers. 
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‘‘(4) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (2)(C)(vii) shall— 
‘‘(A) be prepared by each metropolitan 
planning organization to support the metropoli-
tan transportation plan; and 
‘‘(B) contain a description of the following: 
‘‘(i) Projected resource requirements 
for implementing projects, strategies, and 
services recommended in the metropolitan 
transportation plan, including existing and 
projected system operating and mainte-
nance needs, proposed enhancement and 
expansions to the system, projected avail-
able revenue from Federal, State, local, 
and private sources, and innovative financ-
ing techniques to finance projects and pro-
grams. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for se-
curing additional new revenue (such as by 
capture of some of the economic value cre-
ated by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the metropolitan 
planning organization, any public transpor-
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tation agency, and the State, that are rea-
sonably expected to be available to support 
the investment priorities recommended in 
the metropolitan transportation plan. 
‘‘(iv) Each applicable 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. 
‘‘(5) COORDINATION
WITH
CLEAN
AIR
ACT 
AGENCIES.—The metropolitan planning organization 
for any metropolitan area that is a nonattainment 
area or maintenance area shall coordinate the devel-
opment of a transportation plan with the process for 
development of the transportation control measures 
of the State implementation plan required by the 
Clean Air Act (42 U.S.C. 7401 et seq.). 
‘‘(6) PUBLICATION.—On approval by the rel-
evant metropolitan planning organization, a metro-
politan transportation plan involving Federal partici-
pation shall be, at such times and in such manner 
as the Secretary shall require— 
‘‘(A) published or otherwise made readily 
available by the metropolitan planning organi-
zation for public review, including (to the max-
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imum extent practicable) in electronically acces-
sible formats and means, such as the Internet; 
and 
‘‘(B) submitted for informational purposes 
to the applicable Governor. 
‘‘(7) CONSULTATION.— 
‘‘(A) IN GENERAL.—In each metropolitan 
area, the metropolitan planning organization 
shall consult, as appropriate, with Federal, 
State, tribal, and local agencies responsible for 
land use management, natural resources, envi-
ronmental protection, conservation, and historic 
preservation concerning the development of a 
metropolitan transportation plan. 
‘‘(B) ISSUES.—The consultation under 
subparagraph (A) shall involve, as available, 
consideration of— 
‘‘(i) metropolitan transportation plans 
with Federal, State, tribal, and local con-
servation plans or maps; and 
‘‘(ii) inventories of natural or historic 
resources. 
‘‘(8) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—Notwithstanding paragraph (4), a 
State or metropolitan planning organization shall 
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679 
not be required to select any project from the illus-
trative list of additional projects included in the met-
ropolitan transportation plan under paragraph 
(2)(C)(ix). 
‘‘(j) TRANSPORTATION IMPROVEMENT PROGRAM.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN
GENERAL.—In cooperation with 
the applicable State and any affected public 
transportation operator, the metropolitan plan-
ning organization designated for a metropolitan 
area shall develop a transportation improvement 
program for the metropolitan planning area 
that— 
‘‘(i) contains projects consistent with 
the current metropolitan transportation 
plan; 
‘‘(ii) reflects the investment priorities 
established in the current metropolitan 
transportation plan; and 
‘‘(iii) once implemented, will make sig-
nificant progress toward achieving the per-
formance targets established under sub-
section (h)(2). 
‘‘(B) 
OPPORTUNITY
FOR
PARTICIPA-
TION.—In developing the transportation im-
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provement program, the metropolitan planning 
organization, in cooperation with the State and 
any affected public transportation operator, 
shall provide an opportunity for participation by 
interested parties, in accordance with sub-
section (h)(4). 
‘‘(C) UPDATING
AND
APPROVAL.—The 
transportation improvement program shall be— 
‘‘(i) updated not less frequently than 
once every 4 years, on a cycle compatible 
with the development of the relevant state-
wide transportation improvement program 
under section 5304; and 
‘‘(ii) approved by the applicable Gov-
ernor. 
‘‘(2) CONTENTS.— 
‘‘(A) PRIORITY LIST.—The transportation 
improvement program shall include a priority 
list of proposed federally supported projects and 
strategies to be carried out during the 4-year 
period beginning on the date of adoption of the 
transportation improvement program, and each 
4-year period thereafter, using existing and rea-
sonably available revenues in accordance with 
the financial plan under paragraph (3). 
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‘‘(B) DESCRIPTIONS.—Each project de-
scribed in the transportation improvement pro-
gram shall include sufficient descriptive mate-
rial (such as type of work, termini, length, and 
other similar factors) to identify the project or 
phase of the project and the effect that the 
project or project phase will have in addressing 
the targets described in subsection (h)(2). 
‘‘(C) PERFORMANCE
TARGET
ACHIEVE-
MENT.—The transportation improvement pro-
gram shall include, to the maximum extent 
practicable, a description of the anticipated ef-
fect of the transportation improvement program 
on attainment of the performance targets estab-
lished in the metropolitan transportation plan, 
linking investment priorities to those perform-
ance targets. 
‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 
In developing a transportation improvement 
program, an optional illustrative list of projects 
may be prepared containing additional invest-
ment priorities that— 
‘‘(i) are not included in the transpor-
tation improvement program; but 
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‘‘(ii) would be so included if resources 
in addition to the resources identified in 
the financial plan under paragraph (3) 
were available. 
‘‘(3) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (2)(D)(ii) shall— 
‘‘(A) be prepared by each metropolitan 
planning organization to support the transpor-
tation improvement program; and 
‘‘(B) contain a description of the following: 
‘‘(i) Projected resource requirements 
for implementing projects, strategies, and 
services recommended in the transpor-
tation improvement program, including ex-
isting and projected system operating and 
maintenance needs, proposed enhancement 
and expansions to the system, projected 
available revenue from Federal, State, 
local, and private sources, and innovative 
financing techniques to finance projects 
and programs. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for se-
curing additional new revenue (such as by 
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capture of some of the economic value cre-
ated by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the metropolitan 
planning organization, any public transpor-
tation agency, and the State, that are rea-
sonably expected to be available to support 
the investment priorities recommended in 
the transportation improvement program. 
‘‘(iv) Each applicable 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) INCLUDED PROJECTS.— 
‘‘(A) PROJECTS
UNDER
THIS
CHAPTER 
AND TITLE 23.—A transportation improvement 
program developed under this subsection for a 
metropolitan area shall include a description of 
the projects within the area that are proposed 
for funding under this chapter and chapter 1 of 
title 23. 
‘‘(B) PROJECTS UNDER CHAPTER 2.— 
‘‘(i) 
REGIONALLY
SIGNIFICANT.— 
Each regionally significant project pro-
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posed for funding under chapter 2 of title 
23 shall be identified individually in the 
transportation improvement program. 
‘‘(ii) 
NONREGIONALLY
SIGNIFI-
CANT.—A description of each project pro-
posed for funding under chapter 2 of title 
23 that is not determined to be regionally 
significant shall be contained in 1 line item 
or identified individually in the transpor-
tation improvement program. 
‘‘(5) OPPORTUNITY FOR PARTICIPATION.—Be-
fore approving a transportation improvement pro-
gram, a metropolitan planning organization, in co-
operation with the State and any affected public 
transportation operator, shall provide an opportunity 
for participation by interested parties in the develop-
ment of the transportation improvement program, in 
accordance with subsection (h)(4). 
‘‘(6) SELECTION OF PROJECTS.— 
‘‘(A) IN GENERAL.—Each tier I MPO and 
tier II MPO shall select projects carried out 
within the boundaries of the applicable metro-
politan planning area from the transportation 
improvement program, in consultation with the 
relevant State and on concurrence of the af-
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685 
fected facility owner, for funds apportioned to 
the State under section 104(b)(2) of title 23 
and suballocated to the metropolitan planning 
area under section 133(d) of title 23. 
‘‘(B) PROJECTS UNDER CHAPTER 53.—In 
the case of projects under this chapter, the se-
lection of federally funded projects in metropoli-
tan areas shall be carried out, from the ap-
proved transportation improvement program, by 
the designated recipients of public transpor-
tation funding in cooperation with the metro-
politan planning organization. 
‘‘(C) CONGESTION
MITIGATION
AND
AIR 
QUALITY PROJECTS.—Each tier I MPO shall 
select projects carried out within the boundaries 
of the applicable metropolitan planning area 
from the transportation improvement program, 
in consultation with the relevant State and on 
concurrence of the affected facility owner, for 
funds apportioned to the State under section 
104(b)(4) of title 23 and suballocated to the 
metropolitan planning area under section 149(j) 
of title 23. 
‘‘(D) MODIFICATIONS
TO
PROJECT
PRI-
ORITY.—Notwithstanding any other provision of 
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686 
law, approval by the Secretary shall not be re-
quired to carry out a project included in a 
transportation improvement program in place of 
another project in the transportation improve-
ment program. 
‘‘(7) PUBLICATION.— 
‘‘(A) IN GENERAL.—A transportation im-
provement program shall be published or other-
wise made readily available by the applicable 
metropolitan planning organization for public 
review in electronically accessible formats and 
means, such as the Internet. 
‘‘(B) ANNUAL LIST OF PROJECTS.—An an-
nual list of projects, including investments in 
pedestrian walkways, bicycle transportation fa-
cilities, and intermodal facilities that support 
intercity transportation, for which Federal 
funds have been obligated during the preceding 
fiscal year shall be published or otherwise made 
available by the cooperative effort of the State, 
public transportation operator, and metropoli-
tan planning organization in electronically ac-
cessible formats and means, such as the Inter-
net, in a manner that is consistent with the cat-
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687 
egories identified in the relevant transportation 
improvement program. 
‘‘(k) PLANNING
REQUIREMENTS
FOR
TIER
II 
MPOS.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
for the performance-based development of a metro-
politan transportation plan and transportation im-
provement program for the metropolitan planning 
area of a tier II MPO, as the Secretary determines 
to be appropriate, taking into account— 
‘‘(A) the complexity of transportation 
needs in the area; and 
‘‘(B) the technical capacity of the metro-
politan planning organization. 
‘‘(2) EVALUATION
OF
PERFORMANCE-BASED 
PLANNING.—In reviewing a tier II MPO under sub-
section (m), the Secretary shall take into consider-
ation the effectiveness of the tier II MPO in imple-
menting and maintaining a performance-based plan-
ning process that— 
‘‘(A) addresses the performance targets de-
scribed in subsection (h)(2); and 
‘‘(B) 
demonstrates 
progress 
on 
the 
achievement of those performance targets. 
‘‘(l) CERTIFICATION.— 
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688 
‘‘(1) IN GENERAL.—The Secretary shall— 
‘‘(A) ensure that the metropolitan trans-
portation planning process of a metropolitan 
planning organization is being carried out in ac-
cordance with applicable Federal law; and 
‘‘(B) subject to paragraph (2), certify, not 
less frequently than once every 4 years, that the 
requirements of subparagraph (A) are met with 
respect to the metropolitan transportation plan-
ning process. 
‘‘(2) REQUIREMENTS
FOR
CERTIFICATION.— 
The Secretary may make a certification under para-
graph (1)(B) if— 
‘‘(A) the metropolitan transportation plan-
ning process complies with the requirements of 
this section and other applicable Federal law; 
‘‘(B) representation on the metropolitan 
planning organization board includes officials of 
public agencies that administer or operate 
major modes of transportation in the relevant 
metropolitan area, including providers of public 
transportation; and 
‘‘(C) a transportation improvement pro-
gram for the metropolitan planning area has 
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been approved by the relevant metropolitan 
planning organization and applicable Governor. 
‘‘(3) DELEGATION OF AUTHORITY.—The Sec-
retary may— 
‘‘(A) delegate to the appropriate State 
fact-finding authority regarding the certification 
of a tier II MPO under this subsection; and 
‘‘(B) make the certification under para-
graph (1) in consultation with the State. 
‘‘(4) EFFECT OF FAILURE TO CERTIFY.— 
‘‘(A) 
WITHHOLDING
OF
PROJECT 
FUNDS.—If a metropolitan transportation plan-
ning process of a metropolitan planning organi-
zation is not certified under paragraph (1), the 
Secretary may withhold up to 20 percent of the 
funds attributable to the metropolitan planning 
area of the metropolitan planning organization 
for projects funded under this chapter and title 
23. 
‘‘(B) 
RESTORATION
OF
WITHHELD 
FUNDS.—Any funds withheld under subpara-
graph (A) shall be restored to the metropolitan 
planning area on the date of certification of the 
metropolitan transportation planning process by 
the Secretary. 
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‘‘(5) PUBLIC INVOLVEMENT.—In making a de-
termination regarding certification under this sub-
section, the Secretary shall provide for public in-
volvement appropriate to the metropolitan planning 
area under review. 
‘‘(m) PERFORMANCE-BASED PLANNING PROCESSES 
EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish criteria to evaluate the effectiveness of the per-
formance-based planning processes of metropolitan 
planning organizations under this section, taking 
into consideration the following: 
‘‘(A) The extent to which the metropolitan 
planning organization has achieved, or is cur-
rently making substantial progress toward 
achieving, the performance targets specified in 
subsection (h)(2), taking into account whether 
the metropolitan planning organization devel-
oped meaningful performance targets. 
‘‘(B) The extent to which the metropolitan 
planning organization has used proven best 
practices that help ensure transportation invest-
ment that is efficient and cost-effective. 
‘‘(C) The extent to which the metropolitan 
planning organization— 
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‘‘(i) has developed an investment proc-
ess that relies on public input and aware-
ness to ensure that investments are trans-
parent and accountable; and 
‘‘(ii) provides regular reports allowing 
the public to access the information being 
collected in a format that allows the public 
to meaningfully assess the performance of 
the metropolitan planning organization. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 5 years 
after the date of enactment of the Federal Pub-
lic Transportation Act of 2012, the Secretary 
shall submit to Congress a report evaluating— 
‘‘(i) the overall effectiveness of per-
formance-based planning as a tool for 
guiding transportation investments; and 
‘‘(ii) the effectiveness of the perform-
ance-based planning process of each metro-
politan planning organization under this 
section. 
‘‘(B) PUBLICATION.—The report under 
subparagraph (A) shall be published or other-
wise made available in electronically accessible 
formats and means, including on the Internet. 
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‘‘(n) ADDITIONAL REQUIREMENTS
FOR CERTAIN 
NONATTAINMENT AREAS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this chapter or title 23, Federal funds 
may not be advanced in any metropolitan planning 
area classified as a nonattainment area or mainte-
nance area for any highway project that will result 
in a significant increase in the carrying capacity for 
single-occupant vehicles, unless the owner or oper-
ator of the project demonstrates that the project will 
achieve or make substantial progress toward achiev-
ing the performance targets described in subsection 
(h)(2). 
‘‘(2) APPLICABILITY.—This subsection applies 
to any nonattainment area or maintenance area 
within the boundaries of a metropolitan planning 
area, as determined under subsection (c). 
‘‘(o) EFFECT OF SECTION.—Nothing in this section 
provides to any metropolitan planning organization the 
authority to impose any legal requirement on any trans-
portation facility, provider, or project not subject to the 
requirements of this chapter or title 23. 
‘‘(p) FUNDING.—Funds apportioned under section 
104(b)(6) of title 23 and set aside under section 5305(g) 
of this title shall be available to carry out this section. 
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‘‘(q) CONTINUATION OF CURRENT REVIEW PRAC-
TICE.— 
‘‘(1) IN GENERAL.—In consideration of the fac-
tors described in paragraph (2), any decision by the 
Secretary concerning a metropolitan transportation 
plan or transportation improvement program 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.). 
‘‘(2) DESCRIPTION OF FACTORS.—The factors 
referred to in paragraph (1) are that— 
‘‘(A) metropolitan transportation plans and 
transportation improvement programs are sub-
ject to a reasonable opportunity for public com-
ment; 
‘‘(B) the projects included in metropolitan 
transportation plans and transportation im-
provement programs are subject to review 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.); and 
‘‘(C) decisions by the Secretary concerning 
metropolitan transportation plans and transpor-
tation improvement programs have not been re-
viewed under the National Environmental Pol-
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icy Act of 1969 (42 U.S.C. 4321 et seq.) as of 
January 1, 1997. 
‘‘(r) SCHEDULE FOR IMPLEMENTATION.—The Sec-
retary shall issue guidance on a schedule for implementa-
tion of the changes made by this section, taking into con-
sideration the established planning update cycle for metro-
politan planning organizations. The Secretary shall not re-
quire a metropolitan planning organization to deviate from 
its established planning update cycle to implement 
changes made by this section. Metropolitan planning orga-
nizations shall reflect changes made to their transpor-
tation plan or transportation improvement program up-
dates not later than 2 years after the date of issuance 
of guidance by the Secretary.’’. 
(b) PILOT PROGRAM FOR TRANSIT-ORIENTED DE-
VELOPMENT PLANNING.— 
(1) DEFINITIONS.—In this subsection the fol-
lowing definitions shall apply: 
(A) ELIGIBLE PROJECT.—The term ‘‘eligi-
ble 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. 
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(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 planning associated with an eligible 
project that seeks to— 
(A) enhance economic development, rider-
ship, and other goals established during the 
project development and engineering processes; 
(B) facilitate multimodal connectivity and 
accessibility; 
(C) increase access to transit hubs for pe-
destrian 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 govern-
mental authority that desires to participate in the 
program under this subsection shall submit to the 
Secretary an application that contains, at a min-
imum— 
(A) identification of an eligible project; 
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(B) a schedule and process for the develop-
ment of a comprehensive plan; 
(C) a description of how the eligible project 
and the proposed comprehensive plan advance 
the metropolitan transportation plan of the 
metropolitan planning organization; 
(D) proposed performance criteria for the 
development and implementation of the com-
prehensive plan; and 
(E) identification of— 
(i) partners; 
(ii) availability of and authority for 
funding; and 
(iii) potential State, local or other im-
pediments to the implementation of the 
comprehensive plan. 
SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANS-
PORTATION PLANNING. 
Section 5304 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 5304. Statewide and nonmetropolitan transpor-
tation planning 
‘‘(a) STATEWIDE
TRANSPORTATION
PLANS
AND 
STIPS.— 
‘‘(1) DEVELOPMENT.— 
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‘‘(A) IN
GENERAL.—To accomplish the 
policy objectives described in section 5303(a), 
each State shall develop a statewide transpor-
tation plan and a statewide transportation im-
provement program for all areas of the State in 
accordance with this section. 
‘‘(B) INCORPORATION OF METROPOLITAN 
TRANSPORTATION
PLANS
AND
TIPS.—Each 
State shall incorporate in the statewide trans-
portation plan and statewide transportation im-
provement program, without change or by ref-
erence, the metropolitan transportation plans 
and transportation improvement programs, re-
spectively, for each metropolitan planning area 
in the State. 
‘‘(C) NONMETROPOLITAN
AREAS.—Each 
State shall consult with local officials in small 
urbanized areas with a population of 50,000 or 
more individuals, but fewer than 200,000 indi-
viduals, as calculated according to the most re-
cent decennial census, and nonurbanized areas 
of the State in preparing the nonmetropolitan 
portions of statewide transportation plans and 
statewide 
transportation 
improvement 
pro-
grams. 
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‘‘(2) CONTENTS.—The statewide transportation 
plan and statewide transportation improvement pro-
gram developed for each State shall provide for the 
development and integrated management and oper-
ation of transportation systems and facilities (includ-
ing accessible pedestrian walkways, bicycle transpor-
tation facilities, and intermodal facilities that sup-
port intercity transportation) that will function as— 
‘‘(A) an intermodal transportation system 
for the State; and 
‘‘(B) an integral part of an intermodal 
transportation system for the United States. 
‘‘(3) PROCESS.—The process for developing the 
statewide transportation plan and statewide trans-
portation improvement program shall— 
‘‘(A) provide for consideration of all modes 
of transportation; and 
‘‘(B) be continuing, cooperative, and com-
prehensive to the degree appropriate, based on 
the complexity of the transportation needs to be 
addressed. 
‘‘(b) COORDINATION AND CONSULTATION.— 
‘‘(1) IN GENERAL.—Each State shall— 
‘‘(A) coordinate planning carried out under 
this section with— 
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tation planning for the entire metropolitan 
area. 
‘‘(B) COORDINATION ALONG DESIGNATED 
TRANSPORTATION
CORRIDORS.—The Secretary 
shall encourage each Governor with responsi-
bility for a portion of a multistate transpor-
tation corridor to provide coordinated transpor-
tation planning for the entire designated cor-
ridor. 
‘‘(C) INTERSTATE
COMPACTS.—For pur-
poses of this section, any 2 or more States— 
‘‘(i) may enter into compacts, agree-
ments, or organizations not in conflict with 
any Federal law for cooperative efforts and 
mutual assistance in support of activities 
authorized under this section, as the activi-
ties relate to interstate areas and localities 
within the States; 
‘‘(ii) may establish such agencies 
(joint or otherwise) as the States deter-
mine to be appropriate for ensuring the ef-
fectiveness of the agreements and com-
pacts; and 
‘‘(iii) are encouraged to enter into 
such compacts, agreements, or organiza-
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tions as are appropriate to develop plan-
ning documents in support of intercity or 
multistate area projects, facilities, and 
services, the relevant components of which 
shall be reflected in statewide transpor-
tation improvement programs and state-
wide transportation plans. 
‘‘(D) RESERVATION
OF
RIGHTS.—The 
right to alter, amend, or repeal any interstate 
compact or agreement entered into under this 
subsection is expressly reserved. 
‘‘(c) RELATIONSHIP WITH OTHER PLANNING OFFI-
CIALS.— 
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each State to cooperate with Federal, State, 
tribal, and local officers and entities responsible for 
other types of planning activities that are affected 
by transportation in the relevant area (including 
planned growth, economic development, infrastruc-
ture services, housing, other public services, environ-
mental protection, airport operations, high-speed and 
intercity passenger rail, freight rail, port access, and 
freight movements), to the maximum extent prac-
ticable, to ensure that the statewide and nonmetro-
politan planning process, statewide transportation 
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plans, and statewide transportation improvement 
programs are developed with due consideration for 
other related planning activities in the State. 
‘‘(2) INCLUSION.—Cooperation under para-
graph (1) shall include the design and delivery of 
transportation services within the State that are pro-
vided by— 
‘‘(A) recipients of assistance under sections 
202, 203, and 204 of title 23; 
‘‘(B) recipients of assistance under this 
chapter; 
‘‘(C) government agencies and nonprofit 
organizations (including representatives of the 
agencies and organizations) that receive Federal 
assistance from a source other than the Depart-
ment 
of 
Transportation 
to 
provide 
non-
emergency transportation services; and 
‘‘(D) sponsors of regionally significant pro-
grams, projects, and services that are related to 
transportation and receive assistance from any 
public or private source. 
‘‘(d) SCOPE OF PLANNING PROCESS.— 
‘‘(1) IN
GENERAL.—The statewide transpor-
tation planning process for a State under this sec-
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tion shall provide for consideration of projects, strat-
egies, and services that will— 
‘‘(A) support the economic vitality of the 
United States, the State, nonmetropolitan 
areas, and metropolitan areas, especially by en-
abling global competitiveness, travel and tour-
ism (where applicable), productivity, and effi-
ciency; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(D) increase the accessibility and mobility 
of individuals and freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns; 
‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, 
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across and between modes, for individuals and 
freight; 
‘‘(G) increase efficient system management 
and operation; and 
‘‘(H) emphasize the preservation of the ex-
isting transportation system. 
‘‘(2) PERFORMANCE-BASED APPROACH.— 
‘‘(A) IN GENERAL.—The statewide trans-
portation planning process shall provide for the 
establishment and use of a performance-based 
approach to transportation decisionmaking to 
support the national goals described in section 
5301(c) of this title and in section 150(b) of 
title 23. 
‘‘(B) SURFACE
TRANSPORTATION
PER-
FORMANCE TARGETS.— 
‘‘(i) IN GENERAL.—Each State shall 
establish performance targets that address 
the performance measures described in sec-
tions 119(f), 148(h), and 167(i) of title 23 
to use in tracking attainment of critical 
outcomes for the region of the State. 
‘‘(ii) 
COORDINATION.—Selection 
of 
performance targets by a State shall be co-
ordinated with relevant metropolitan plan-
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ning organizations to ensure consistency, 
to the maximum extent practicable. 
‘‘(C) PUBLIC TRANSPORTATION PERFORM-
ANCE TARGETS.—For providers of public trans-
portation operating in urbanized areas with a 
population of fewer than 200,000 individuals, 
as calculated according to the most recent de-
cennial census, and not represented by a metro-
politan planning organization, each State shall 
adopt the performance targets identified by 
such providers of public transportation pursu-
ant to sections 5326(c) and 5329(d), for use in 
tracking attainment of critical outcomes for the 
region of the metropolitan planning organiza-
tion. 
‘‘(D) INTEGRATION OF OTHER PERFORM-
ANCE-BASED
PLANS.—A State shall integrate 
into the statewide transportation planning proc-
ess, directly or by reference, the goals, objec-
tives, performance measures, and performance 
targets described in this paragraph in other 
State plans and processes, and asset manage-
ment and safety plans developed by providers of 
public transportation in urbanized areas with a 
population of fewer than 200,000 individuals, 
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as calculated according to the most recent de-
cennial census, and not represented by a metro-
politan planning organization, required as part 
of a performance-based program, including 
plans such as— 
‘‘(i) the State National Highway Sys-
tem asset management plan; 
‘‘(ii) asset management plans devel-
oped by providers of public transportation; 
‘‘(iii) the State strategic highway safe-
ty plan; 
‘‘(iv) safety plans developed by pro-
viders of public transportation; and 
‘‘(v) the national freight strategic 
plan. 
‘‘(E) USE
OF
PERFORMANCE
MEASURES 
AND
TARGETS.—The performance measures 
and targets established under this paragraph 
shall be used, at a minimum, by a State as the 
basis for development of policies, programs, and 
investment priorities reflected in the statewide 
transportation plan and statewide transpor-
tation improvement program. 
‘‘(3) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to take into consideration 1 or more of the 
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factors specified in paragraphs (1) and (2) shall not 
be subject to review by any court under this chapter, 
title 23, subchapter II of chapter 5 of title 5, or 
chapter 7 of title 5 in any matter affecting a state-
wide transportation plan, a statewide transportation 
improvement program, a project or strategy, or the 
certification of a planning process. 
‘‘(4) PARTICIPATION
BY
INTERESTED
PAR-
TIES.— 
‘‘(A) IN GENERAL.—Each State shall pro-
vide to— 
‘‘(i) nonmetropolitan local elected offi-
cials an opportunity to participate in ac-
cordance with subparagraph (B)(i); and 
‘‘(ii) affected individuals, public agen-
cies, and other interested parties notice 
and a reasonable opportunity to comment 
on the statewide transportation plan and 
statewide transportation improvement pro-
gram. 
‘‘(B) METHODS.—In carrying out this 
paragraph, the State shall— 
‘‘(i) develop and document a consult-
ative process to carry out subparagraph 
(A)(i) that is separate and discrete from 
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the public involvement process developed 
under clause (ii); 
‘‘(ii) develop the statewide transpor-
tation plan and statewide transportation 
improvement program in consultation with 
interested parties, as appropriate, includ-
ing by the formation of advisory groups 
representative of the State and interested 
parties that participate in the development 
of the statewide transportation plan and 
statewide transportation improvement pro-
gram; 
‘‘(iii) hold any public meetings at 
times and locations that are, as applica-
ble— 
‘‘(I) convenient; and 
‘‘(II) in compliance with the 
Americans with Disabilities Act of 
1990 (42 U.S.C. 12101 et seq.); 
‘‘(iv) employ visualization techniques 
to describe statewide transportation plans 
and statewide transportation improvement 
programs; and 
‘‘(v) make public information available 
in appropriate electronically accessible for-
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mats and means, such as the Internet, to 
afford reasonable opportunity for consider-
ation of public information under subpara-
graph (A). 
‘‘(e) COORDINATION AND CONSULTATION.— 
‘‘(1) METROPOLITAN AREAS.— 
‘‘(A) IN GENERAL.—Each State shall de-
velop a statewide transportation plan and state-
wide transportation improvement program for 
each metropolitan area in the State by incor-
porating, without change or by reference, at a 
minimum, as prepared by each metropolitan 
planning organization designated for the metro-
politan area under section 5303— 
‘‘(i) all regionally significant projects 
to be carried out during the 10-year period 
beginning on the effective date of the rel-
evant existing metropolitan transportation 
plan; and 
‘‘(ii) all projects to be carried out dur-
ing the 4-year period beginning on the ef-
fective date of the relevant transportation 
improvement program. 
‘‘(B) PROJECTED COSTS.—Each metropoli-
tan planning organization shall provide to each 
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applicable State a description of the projected 
costs of implementing the projects included in 
the metropolitan transportation plan of the 
metropolitan planning organization for purposes 
of metropolitan financial planning and fiscal 
constraint. 
‘‘(2) NONMETROPOLITAN AREAS.—With respect 
to nonmetropolitan areas in a State, the statewide 
transportation plan and statewide transportation im-
provement program of the State shall be developed 
in consultation with affected nonmetropolitan local 
officials with responsibility for transportation, in-
cluding providers of public transportation. 
‘‘(3) INDIAN TRIBAL AREAS.—With respect to 
each area of a State under the jurisdiction of an In-
dian tribe, the statewide transportation plan and 
statewide transportation improvement program of 
the State shall be developed in consultation with— 
‘‘(A) the tribal government; and 
‘‘(B) the Secretary of the Interior. 
‘‘(4) FEDERAL
LAND
MANAGEMENT
AGEN-
CIES.—With respect to each area of a State under 
the jurisdiction of a Federal land management agen-
cy, the statewide transportation plan and statewide 
transportation improvement program of the State 
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711 
shall be developed in consultation with the relevant 
Federal land management agency. 
‘‘(5) CONSULTATION, COMPARISON, AND CON-
SIDERATION.— 
‘‘(A) IN GENERAL.—A statewide transpor-
tation plan shall be developed, as appropriate, 
in consultation with Federal, State, tribal, and 
local agencies responsible for land use manage-
ment, natural resources, infrastructure permit-
ting, environmental protection, conservation, 
and historic preservation. 
‘‘(B) COMPARISON AND CONSIDERATION.— 
Consultation under subparagraph (A) shall in-
volve the comparison of statewide transpor-
tation plans to, as available— 
‘‘(i) Federal, State, tribal, and local 
conservation plans or maps; and 
‘‘(ii) inventories of natural or historic 
resources. 
‘‘(f) STATEWIDE TRANSPORTATION PLAN.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—Each State shall de-
velop a statewide transportation plan, the fore-
cast period of which shall be not less than 20 
years for all areas of the State, that provides 
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for the development and implementation of the 
intermodal transportation system of the State. 
‘‘(B) INITIAL PERIOD.—A statewide trans-
portation plan shall include, at a minimum, for 
the first 10-year period of the statewide trans-
portation plan, the identification of existing and 
future transportation facilities that will function 
as an integrated statewide transportation sys-
tem, giving emphasis to those facilities that 
serve important national, statewide, and re-
gional transportation functions. 
‘‘(C) SUBSEQUENT PERIOD.—For the sec-
ond 10-year period of the statewide transpor-
tation plan (referred to in this subsection as the 
‘outer years period’), a statewide transportation 
plan— 
‘‘(i) may include identification of fu-
ture transportation facilities; and 
‘‘(ii) shall describe the policies and 
strategies that provide for the development 
and implementation of the intermodal 
transportation system of the State. 
‘‘(D) OTHER
REQUIREMENTS.—A state-
wide transportation plan shall— 
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‘‘(i) include, for the 20-year period 
covered by the statewide transportation 
plan, a description of— 
‘‘(I) the projected aggregate cost 
of projects anticipated by a State to 
be implemented; and 
‘‘(II) the revenues necessary to 
support the projects; 
‘‘(ii) include, in such form as the Sec-
retary determines to be appropriate, a de-
scription of— 
‘‘(I) the existing transportation 
infrastructure, including an identifica-
tion of highways, local streets and 
roads, bicycle and pedestrian facilities, 
public transportation facilities and 
services, commuter rail facilities and 
services, high-speed and intercity pas-
senger rail facilities and services, 
freight facilities (including freight 
railroad 
and 
port 
facilities), 
multimodal and intermodal facilities, 
and intermodal connectors that, evalu-
ated in the aggregate, function as an 
integrated transportation system; 
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‘‘(II) the performance measures 
and performance targets used in as-
sessing the existing and future per-
formance of the transportation system 
described in subsection (d)(2); 
‘‘(III) the current and projected 
future usage of the transportation 
system, including, to the maximum 
extent practicable, an identification of 
existing or planned transportation 
rights-of-way, corridors, facilities, and 
related real properties; 
‘‘(IV) a system performance re-
port evaluating the existing and fu-
ture condition and performance of the 
transportation system with respect to 
the performance targets described in 
subsection (d)(2) and updates to sub-
sequent system performance reports, 
including— 
‘‘(aa) progress achieved by 
the State in meeting performance 
targets, as compared to system 
performance recorded in previous 
reports; and 
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‘‘(bb) an accounting of the 
performance by the State on out-
lay of obligated project funds and 
delivery of projects that have 
reached substantial completion, 
in relation to the projects cur-
rently on the statewide transpor-
tation improvement program and 
those projects that have been re-
moved from the previous state-
wide transportation improvement 
program; 
‘‘(V) recommended strategies and 
investments for improving system per-
formance over the planning horizon, 
including transportation systems man-
agement and operations strategies, 
maintenance strategies, demand man-
agement strategies, asset management 
strategies, capacity and enhancement 
investments, land use improvements, 
intelligent transportation systems de-
ployment and technology adoption 
strategies as determined by the pro-
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jected support of performance targets 
described in subsection (d)(2); 
‘‘(VI) 
recommended 
strategies 
and investments to improve and inte-
grate 
disability-related 
access 
to 
transportation infrastructure; 
‘‘(VII) investment priorities for 
using projected available and proposed 
revenues over the short- and long- 
term stages of the planning horizon, 
in accordance with the financial plan 
required under paragraph (2); 
‘‘(VIII) a description of inter-
state compacts entered into in order 
to promote coordinated transportation 
planning in multistate areas, if appli-
cable; 
‘‘(IX) an optional illustrative list 
of projects containing investments 
that— 
‘‘(aa) are not included in the 
statewide 
transportation 
plan; 
but 
‘‘(bb) would be so included if 
resources in addition to the re-
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sources identified in the financial 
plan under paragraph (2) were 
available; 
‘‘(X) a discussion (developed in 
consultation with Federal, State, and 
tribal wildlife, land management, and 
regulatory agencies) of types of poten-
tial environmental and stormwater 
mitigation activities and potential 
areas to carry out those activities, in-
cluding activities that may have the 
greatest potential to restore and 
maintain the environmental functions 
affected by the statewide transpor-
tation plan; and 
‘‘(XI) 
recommended 
strategies 
and investments, including those de-
veloped by the State as part of inter-
state compacts, agreements, or orga-
nizations, that support intercity trans-
portation; and 
‘‘(iii) be updated by the State not less 
frequently than once every 5 years. 
‘‘(2) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (1)(D)(ii)(VII) shall— 
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‘‘(A) be prepared by each State to support 
the statewide transportation plan; and 
‘‘(B) contain a description of the following: 
‘‘(i) Projected resource requirements 
during the 20-year planning horizon for 
implementing 
projects, 
strategies, 
and 
services recommended in the statewide 
transportation plan, including existing and 
projected system operating and mainte-
nance needs, proposed enhancement and 
expansions to the system, projected avail-
able revenue from Federal, State, local, 
and private sources, and innovative financ-
ing techniques to finance projects and pro-
grams. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for se-
curing additional new revenue (such as by 
capture of some of the economic value cre-
ated by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the State, any 
public transportation agency, and relevant 
metropolitan planning organizations, that 
are reasonably expected to be available to 
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support the investment priorities rec-
ommended in the statewide transportation 
plan. 
‘‘(iv) Each applicable 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. 
‘‘(v) For the outer years period of the 
statewide transportation plan, a descrip-
tion of the aggregate cost ranges or bands, 
subject to the condition that any future 
funding source shall be reasonably ex-
pected to be available to support the pro-
jected cost ranges or bands. 
‘‘(3) COORDINATION
WITH
CLEAN
AIR
ACT 
AGENCIES.—For any nonmetropolitan area that is a 
nonattainment area or maintenance area, the State 
shall coordinate the development of the statewide 
transportation plan with the process for development 
of the transportation control measures of the State 
implementation plan required by the Clean Air Act 
(42 U.S.C. 7401 et seq.). 
‘‘(4) PUBLICATION.—A statewide transpor-
tation plan involving Federal and non-Federal par-
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ticipation programs, projects, and strategies shall be 
published or otherwise made readily available by the 
State for public review, including (to the maximum 
extent practicable) in electronically accessible for-
mats and means, such as the Internet, in such man-
ner as the Secretary shall require. 
‘‘(5) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—Notwithstanding paragraph (2), a 
State shall not be required to select any project from 
the illustrative list of additional projects included in 
the statewide transportation plan under paragraph 
(1)(D)(ii)(IX). 
‘‘(6) USE OF POLICY PLANS.—Notwithstanding 
any other provision of this section, a State that has 
in effect, as of the date of enactment of the Federal 
Public Transportation Act of 2012, a statewide 
transportation plan that follows a policy plan ap-
proach— 
‘‘(A) may, for 4 years after the date of en-
actment of the Federal Public Transportation 
Act of 2012, continue to use a policy plan ap-
proach to the statewide transportation plan; 
and 
‘‘(B) shall be subject to the requirements 
of this subsection only to the extent that such 
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requirements were applicable under this section 
(as in effect on the day before the date of en-
actment of the Federal Public Transportation 
Act of 2012). 
‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT 
PROGRAMS.— 
‘‘(1) DEVELOPMENT.— 
‘‘(A) IN GENERAL.—In consultation with 
nonmetropolitan officials with responsibility for 
transportation and affected public transpor-
tation operators, the State shall develop a state-
wide transportation improvement program for 
the State that— 
‘‘(i) includes projects consistent with 
the statewide transportation plan; 
‘‘(ii) reflects the investment priorities 
established in the statewide transportation 
plan; and 
‘‘(iii) once implemented, makes sig-
nificant progress toward achieving the per-
formance targets described in subsection 
(d)(2). 
‘‘(B) 
OPPORTUNITY
FOR
PARTICIPA-
TION.—In developing a statewide transportation 
improvement program, the State, in cooperation 
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with affected public transportation operators, 
shall provide an opportunity for participation by 
interested parties (including State representa-
tives of nonmotorized users) in the development 
of the statewide transportation improvement 
program, in accordance with subsection (e). 
‘‘(C) OTHER REQUIREMENTS.— 
‘‘(i) IN GENERAL.—A statewide trans-
portation improvement program shall— 
‘‘(I) cover a period of not less 
than 4 years; and 
‘‘(II) be updated not less fre-
quently than once every 4 years, or 
more frequently, as the Governor de-
termines to be appropriate. 
‘‘(ii) INCORPORATION
OF
TIPS.—A 
statewide transportation improvement pro-
gram shall incorporate any relevant trans-
portation improvement program developed 
by a metropolitan planning organization 
under section 5303, without change. 
‘‘(iii) PROJECTS.—Each project in-
cluded in a statewide transportation im-
provement program shall be— 
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‘‘(I) consistent with the statewide 
transportation plan developed under 
this section for the State; 
‘‘(II) identical to a project or 
phase of a project described in a rel-
evant 
transportation 
improvement 
program; and 
‘‘(III) for any project located in a 
nonattainment area or maintenance 
area, carried out in accordance with 
the applicable State air quality imple-
mentation plan developed under the 
Clean Air Act (42 U.S.C. 7401 et 
seq.). 
‘‘(2) CONTENTS.— 
‘‘(A) PRIORITY LIST.—A statewide trans-
portation improvement program shall include a 
priority list of proposed federally supported 
projects and strategies, to be carried out during 
the 4-year period beginning on the date of 
adoption of the statewide transportation im-
provement program, and during each 4-year pe-
riod thereafter, using existing and reasonably 
available revenues in accordance with the finan-
cial plan under paragraph (3). 
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‘‘(B) DESCRIPTIONS.—Each project or 
phase of a project included in a statewide trans-
portation improvement program shall include 
sufficient descriptive material (such as type of 
work, termini, length, estimated completion 
date, and other similar factors) to identify— 
‘‘(i) the project or project phase; and 
‘‘(ii) the effect that the project or 
project phase will have in addressing the 
performance targets described in sub-
section (d)(2). 
‘‘(C) PERFORMANCE
TARGET
ACHIEVE-
MENT.—A statewide transportation improve-
ment program shall include, to the maximum 
extent practicable, a discussion of the antici-
pated effect of the statewide transportation im-
provement program toward achieving the per-
formance targets established in the statewide 
transportation plan, linking investment prior-
ities to those performance targets. 
‘‘(D) ILLUSTRATIVE LIST OF PROJECTS.— 
An optional illustrative list of projects may be 
prepared containing additional investment pri-
orities that— 
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‘‘(i) are not included in the statewide 
transportation improvement program; but 
‘‘(ii) would be so included if resources 
in addition to the resources identified in 
the financial plan under paragraph (3) 
were available. 
‘‘(3) FINANCIAL
PLAN.—A financial plan re-
ferred to in paragraph (2)(D)(ii) shall— 
‘‘(A) be prepared by each State to support 
the statewide transportation improvement pro-
gram; and 
‘‘(B) contain a description of the following: 
‘‘(i) Projected resource requirements 
for implementing projects, strategies, and 
services recommended in the statewide 
transportation improvement program, in-
cluding existing and projected system oper-
ating and maintenance needs, proposed en-
hancement and expansions to the system, 
projected available revenue from Federal, 
State, local, and private sources, and inno-
vative financing techniques to finance 
projects and programs. 
‘‘(ii) The projected difference between 
costs and revenues, and strategies for se-
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curing additional new revenue (such as by 
capture of some of the economic value cre-
ated by any new investment). 
‘‘(iii) Estimates of future funds, to be 
developed cooperatively by the State and 
relevant metropolitan planning organiza-
tions and public transportation agencies, 
that are reasonably expected to be avail-
able to support the investment priorities 
recommended in the statewide transpor-
tation improvement program. 
‘‘(iv) Each applicable 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) INCLUDED PROJECTS.— 
‘‘(A) PROJECTS
UNDER
THIS
CHAPTER 
AND TITLE 23.—A statewide transportation im-
provement program developed under this sub-
section for a State shall include the projects 
within the State that are proposed for funding 
under this chapter and chapter 1 of title 23. 
‘‘(B) PROJECTS
UNDER
THIS
CHAPTER 
AND CHAPTER 2.— 
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‘‘(i) 
REGIONALLY
SIGNIFICANT.— 
Each regionally significant project pro-
posed for funding under this chapter and 
chapter 2 of title 23 shall be identified in-
dividually in the statewide transportation 
improvement program. 
‘‘(ii) 
NONREGIONALLY
SIGNIFI-
CANT.—A description of each project pro-
posed for funding under this chapter and 
chapter 2 of title 23 that is not determined 
to be regionally significant shall be con-
tained in 1 line item or identified individ-
ually in the statewide transportation im-
provement program. 
‘‘(5) PUBLICATION.— 
‘‘(A) IN GENERAL.—A statewide transpor-
tation improvement program shall be published 
or otherwise made readily available by the State 
for public review in electronically accessible for-
mats and means, such as the Internet. 
‘‘(B) ANNUAL LIST OF PROJECTS.—An an-
nual list of projects, including investments in 
pedestrian walkways, bicycle transportation fa-
cilities, and intermodal facilities that support 
intercity transportation, for which Federal 
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funds have been obligated during the preceding 
fiscal year shall be published or otherwise made 
available by the cooperative effort of the State, 
public transportation operator, and relevant 
metropolitan planning organizations in elec-
tronically accessible formats and means, such 
as the Internet, in a manner that is consistent 
with the categories identified in the relevant 
statewide transportation improvement program. 
‘‘(6) PROJECT
SELECTION
FOR
URBANIZED 
AREAS WITH POPULATIONS OF FEWER THAN 200,000 
NOT
REPRESENTED
BY
DESIGNATED
MPOS.— 
Projects carried out in urbanized areas with popu-
lations of fewer than 200,000 individuals, as cal-
culated according to the most recent decennial cen-
sus, and that are not represented by designated met-
ropolitan planning organizations, shall be selected 
from the approved statewide transportation improve-
ment program (including projects carried out under 
this chapter and projects carried out on the National 
Highway System) by the State, in cooperation with 
the affected nonmetropolitan planning organization, 
if any exists, and in consultation with the affected 
nonmetropolitan area local officials with responsi-
bility for transportation. 
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‘‘(7) APPROVAL BY SECRETARY.— 
‘‘(A) IN
GENERAL.—Not less frequently 
than once every 4 years, a statewide transpor-
tation improvement program developed under 
this subsection shall be reviewed and approved 
by the Secretary, based on the current planning 
finding of the Secretary under subparagraph 
(B). 
‘‘(B) PLANNING FINDING.—The Secretary 
shall make a planning finding referred to in 
subparagraph (A) not less frequently than once 
every 5 years regarding whether the transpor-
tation planning process through which statewide 
transportation plans and statewide transpor-
tation improvement programs are developed is 
consistent with this section and section 5303. 
‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.— 
Notwithstanding any other provision of law, ap-
proval by the Secretary shall not be required to 
carry out a project included in an approved state-
wide transportation improvement program in place 
of another project in the statewide transportation 
improvement program. 
‘‘(h) CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Secretary shall— 
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‘‘(A) ensure that the statewide transpor-
tation planning process of a State is being car-
ried out in accordance with this section and ap-
plicable Federal law (including rules and regu-
lations); and 
‘‘(B) subject to paragraph (2), certify, not 
later than 180 days after the date of enactment 
of the Federal Public Transportation Act of 
2012 and not less frequently than once every 5 
years thereafter, that the requirements of sub-
paragraph (A) are met with respect to the 
statewide transportation planning process. 
‘‘(2) REQUIREMENTS
FOR
CERTIFICATION.— 
The Secretary may make a certification under para-
graph (1)(B) if— 
‘‘(A) the statewide transportation planning 
process complies with the requirements of this 
section and other applicable Federal law; and 
‘‘(B) a statewide transportation improve-
ment program for the State has been approved 
by the Governor of the State. 
‘‘(3) EFFECT OF FAILURE TO CERTIFY.— 
‘‘(A) 
WITHHOLDING
OF
PROJECT 
FUNDS.—If a statewide transportation planning 
process of a State is not certified under para-
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731 
graph (1), the Secretary may withhold up to 20 
percent of the funds attributable to the State 
for projects funded under this chapter and title 
23. 
‘‘(B) 
RESTORATION
OF
WITHHELD 
FUNDS.—Any funds withheld under subpara-
graph (A) shall be restored to the State on the 
date of certification of the statewide transpor-
tation planning process by the Secretary. 
‘‘(4) PUBLIC INVOLVEMENT.—In making a de-
termination regarding certification under this sub-
section, the Secretary shall provide for public in-
volvement appropriate to the State under review. 
‘‘(i) PERFORMANCE-BASED PLANNING PROCESSES 
EVALUATION.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish criteria to evaluate the effectiveness of the per-
formance-based planning processes of States, taking 
into consideration the following: 
‘‘(A) The extent to which the State has 
achieved, or is currently making substantial 
progress toward achieving, the performance tar-
gets described in subsection (d)(2), taking into 
account whether the State developed meaningful 
performance targets. 
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‘‘(B) The extent to which the State has 
used proven best practices that help ensure 
transportation investment that is efficient and 
cost-effective. 
‘‘(C) The extent to which the State— 
‘‘(i) has developed an investment proc-
ess that relies on public input and aware-
ness to ensure that investments are trans-
parent and accountable; and 
‘‘(ii) provides regular reports allowing 
the public to access the information being 
collected in a format that allows the public 
to meaningfully assess the performance of 
the State. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 5 years 
after the date of enactment of the Federal Pub-
lic Transportation Act of 2012, the Secretary 
shall submit to Congress a report evaluating— 
‘‘(i) the overall effectiveness of per-
formance-based planning as a tool for 
guiding transportation investments; and 
‘‘(ii) the effectiveness of the perform-
ance-based planning process of each State. 
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‘‘(B) PUBLICATION.—The report under 
subparagraph (A) shall be published or other-
wise made available in electronically accessible 
formats and means, including on the Internet. 
‘‘(j) FUNDING.—Funds apportioned under section 
104(b)(6) of title 23 and set aside under section 5305(g) 
shall be available to carry out this section. 
‘‘(k) CONTINUATION OF CURRENT REVIEW PRAC-
TICE.— 
‘‘(1) IN GENERAL.—In consideration of the fac-
tors described in paragraph (2), any decision by the 
Secretary concerning a statewide transportation plan 
or statewide transportation improvement program 
shall not be considered to be a Federal action sub-
ject to review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(2) DESCRIPTION OF FACTORS.—The factors 
referred to in paragraph (1) are that— 
‘‘(A) statewide transportation plans and 
statewide transportation improvement programs 
are subject to a reasonable opportunity for pub-
lic comment; 
‘‘(B) the projects included in statewide 
transportation plans and statewide transpor-
tation improvement programs are subject to re-
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734 
view under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
‘‘(C) decisions by the Secretary concerning 
statewide transportation plans and statewide 
transportation improvement programs have not 
been reviewed under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) as of January 1, 1997. 
‘‘(l) SCHEDULE FOR IMPLEMENTATION.—The Sec-
retary shall issue guidance on a schedule for implementa-
tion of the changes made by this section, taking into con-
sideration the established planning update cycle for 
States. The Secretary shall not require a State to deviate 
from its established planning update cycle to implement 
changes made by this section. States shall reflect changes 
made to their transportation plan or transportation im-
provement program updates not later than 2 years after 
the date of issuance of guidance by the Secretary under 
this subsection.’’. 
SEC. 20007. PUBLIC TRANSPORTATION EMERGENCY RELIEF 
PROGRAM. 
(a) IN GENERAL.—Section 5306 of title 49, United 
States Code, is amended to read as follows: 
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‘‘§ 5306. Public transportation emergency relief pro-
gram 
‘‘(a) DEFINITION.—In this section the following defi-
nitions shall apply: 
‘‘(1) ELIGIBLE OPERATING COSTS.—The term 
‘eligible operating costs’ means costs relating to— 
‘‘(A) evacuation services; 
‘‘(B) rescue operations; 
‘‘(C) temporary public transportation serv-
ice; or 
‘‘(D) reestablishing, expanding, or relo-
cating public transportation route service be-
fore, during, or after an emergency. 
‘‘(2) 
EMERGENCY.—The 
term 
‘emergency’ 
means a natural disaster affecting a wide area (such 
as a flood, hurricane, tidal wave, earthquake, severe 
storm, or landslide) or a catastrophic failure from 
any external cause, as a result of which— 
‘‘(A) the Governor of a State has declared 
an emergency and the Secretary has concurred; 
or 
‘‘(B) the President has declared a major 
disaster under section 401 of the Robert T. 
Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170). 
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‘‘(b) GENERAL AUTHORITY.—The Secretary may 
make grants and enter into contracts and other agree-
ments (including agreements with departments, agencies, 
and instrumentalities of the Government) for— 
‘‘(1) capital projects to protect, repair, recon-
struct, or replace equipment and facilities of a public 
transportation system operating in the United States 
or on an Indian reservation that the Secretary deter-
mines is in danger of suffering serious damage, or 
has suffered serious damage, as a result of an emer-
gency; and 
‘‘(2) eligible operating costs of public transpor-
tation equipment and facilities in an area directly af-
fected by an emergency during— 
‘‘(A) the 1-year period beginning on the 
date of a declaration described in subsection 
(a)(2); or 
‘‘(B) if the Secretary determines there is a 
compelling need, the 2-year period beginning on 
the date of a declaration described in subsection 
(a)(2). 
‘‘(c) COORDINATION OF EMERGENCY FUNDS.— 
‘‘(1) USE OF FUNDS.—Funds appropriated to 
carry out this section shall be in addition to any 
other funds available under this chapter. 
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‘‘(2) NO EFFECT ON OTHER GOVERNMENT AC-
TIVITY.—The provision of funds under this section 
shall not affect the ability of any other agency of the 
Government, including the Federal Emergency Man-
agement Agency, or a State agency, a local govern-
mental entity, organization, or person, to provide 
any other funds otherwise authorized by law. 
‘‘(3) NOTIFICATION.—The Secretary shall no-
tify the Secretary of Homeland Security of the pur-
pose and amount of any grant made or contract or 
other agreement entered into under this section. 
‘‘(d) GRANT REQUIREMENTS.—A grant awarded 
under this section or under section 5307 or 5311 that is 
made to address an emergency defined under subsection 
(a)(2) shall be— 
‘‘(1) subject to the terms and conditions the 
Secretary determines are necessary; and 
‘‘(2) made only for expenses that are not reim-
bursed under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et 
seq.). 
‘‘(e) GOVERNMENT SHARE OF COSTS.— 
‘‘(1) CAPITAL PROJECTS AND OPERATING AS-
SISTANCE.—A grant, contract, or other agreement 
for a capital project or eligible operating costs under 
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this section shall be, at the option of the recipient, 
for not more than 80 percent of the net project cost, 
as determined by the Secretary. 
‘‘(2) NON-FEDERAL SHARE.—The remainder of 
the net project cost may be provided from an undis-
tributed cash surplus, a replacement or depreciation 
cash fund or reserve, or new capital. 
‘‘(3) WAIVER.—The Secretary may waive, in 
whole or part, the non-Federal share required 
under— 
‘‘(A) paragraph (2); or 
‘‘(B) section 5307 or 5311, in the case of 
a grant made available under section 5307 or 
5311, respectively, to address an emergency.’’. 
(b) MEMORANDUM OF AGREEMENT.— 
(1) PURPOSES.—The purposes of this sub-
section are— 
(A) to improve coordination between the 
Department of Transportation and the Depart-
ment of Homeland Security; and 
(B) to expedite the provision of Federal as-
sistance for public transportation systems for 
activities relating to a major disaster or emer-
gency declared by the President under the Rob-
ert T. Stafford Disaster Relief and Emergency 
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Assistance Act (42 U.S.C. 5121 et seq.) (re-
ferred to in this subsection as a ‘‘major disaster 
or emergency’’). 
(2) AGREEMENT.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary of Transportation and the Secretary of 
Homeland Security shall enter into a memorandum 
of agreement to coordinate the roles and responsibil-
ities of the Department of Transportation and the 
Department of Homeland Security in providing as-
sistance for public transportation, including the pro-
vision of public transportation services and the re-
pair and restoration of public transportation systems 
in areas for which the President has declared a 
major disaster or emergency. 
(3) CONTENTS
OF
AGREEMENT.—The memo-
randum of agreement required under paragraph (2) 
shall— 
(A) provide for improved coordination and 
expeditious use of public transportation, as ap-
propriate, in response to and recovery from a 
major disaster or emergency; 
(B) establish procedures to address— 
(i) issues that have contributed to 
delays in the reimbursement of eligible 
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transportation-related expenses relating to 
a major disaster or emergency; 
(ii) any challenges identified in the re-
view under paragraph (4); and 
(iii) the coordination of assistance for 
public transportation provided under the 
Robert T. Stafford Disaster Relief and 
Emergency Assistance Act and section 
5306 of title 49, United States Code, as 
amended by this Act, as appropriate; and 
(C) provide for the development and dis-
tribution of clear guidelines for State, local, and 
tribal governments, including public transpor-
tation systems, relating to— 
(i) assistance available for public 
transportation systems for activities relat-
ing to a major disaster or emergency— 
(I) under the Robert T. Stafford 
Disaster Relief and Emergency Assist-
ance Act; 
(II) under section 5306 of title 
49, United States Code, as amended 
by this Act; and 
(III) from other sources, includ-
ing other Federal agencies; and 
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(ii) reimbursement procedures that 
speed the process of— 
(I) applying for assistance under 
the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act and 
section 5306 of title 49, United States 
Code, as amended by this Act; and 
(II) distributing assistance for 
public transportation systems under 
the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act and 
section 5306 of title 49, United States 
Code, as amended by this Act. 
(4) AFTER ACTION REVIEW.—Before entering 
into a memorandum of agreement under paragraph 
(2), the Secretary of Transportation and the Sec-
retary of Homeland Security (acting through the 
Administrator of the Federal Emergency Manage-
ment Agency), in consultation with State, local, and 
tribal governments (including public transportation 
systems) that have experienced a major disaster or 
emergency, shall review after action reports relating 
to major disasters, emergencies, and exercises, to 
identify areas where coordination between the De-
partment of Transportation and the Department of 
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Homeland Security and the provision of public 
transportation services should be improved. 
(5) FACTORS
FOR
DECLARATIONS
OF
MAJOR 
DISASTERS AND EMERGENCIES.—The Administrator 
of the Federal Emergency Management Agency shall 
make available to State, local, and tribal govern-
ments, including public transportation systems, a de-
scription of the factors that the President considers 
in declaring a major disaster or emergency, includ-
ing any pre-disaster emergency declaration policies. 
(6) BRIEFINGS.— 
(A) INITIAL
BRIEFING.—Not later than 
180 days after the date of enactment of this 
Act, the Secretary of Transportation and the 
Secretary of Homeland Security shall jointly 
brief the Committee on Banking, Housing, and 
Urban Affairs and the Committee on Homeland 
Security and Governmental Affairs of the Sen-
ate on the memorandum of agreement required 
under paragraph (2). 
(B) QUARTERLY BRIEFINGS.—Each quar-
ter of the 1-year period beginning on the date 
on which the Secretary of Transportation and 
the Secretary of Homeland Security enter into 
the memorandum of agreement required under 
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paragraph (2), the Secretary of Transportation 
and the Secretary of Homeland Security shall 
jointly brief the Committee on Banking, Hous-
ing, and Urban Affairs and the Committee on 
Homeland Security and Governmental Affairs 
of the Senate on the implementation of the 
memorandum of agreement. 
SEC. 20008. URBANIZED AREA FORMULA GRANTS. 
Section 5307 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 5307. Urbanized area formula grants 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) 
GRANTS.—The 
Secretary 
may 
make 
grants under this section for— 
‘‘(A) capital projects; 
‘‘(B) planning; and 
‘‘(C) operating costs of equipment and fa-
cilities for use in public transportation in an ur-
banized area with a population of fewer than 
200,000 individuals, as determined by the Bu-
reau of the Census. 
‘‘(2) SPECIAL RULE.—The Secretary may make 
grants under this section to finance the operating 
cost of equipment and facilities for use in public 
transportation, excluding rail fixed guideway, in an 
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urbanized area with a population of not fewer than 
200,000 individuals, as determined by the Bureau of 
the Census— 
‘‘(A) for public transportation systems that 
operate 75 or fewer buses during peak service 
hours, in an amount not to exceed 75 percent 
of the share of the apportionment which is at-
tributable to such systems within the urbanized 
area, as measured by vehicle revenue hours; and 
‘‘(B) for public transportation systems that 
operate a minimum of 76 buses and a max-
imum of 100 buses during peak service hours, 
in an amount not to exceed 50 percent of the 
share of the apportionment which is attrib-
utable to such systems within the urbanized 
area, as measured by vehicle revenue hours. 
‘‘(3) TEMPORARY
AND
TARGETED
ASSIST-
ANCE.— 
‘‘(A) ELIGIBILITY.—The Secretary may 
make a grant under this section to finance the 
operating cost of equipment and facilities to a 
recipient for use in public transportation in an 
area that the Secretary determines has— 
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‘‘(i) a population of not fewer than 
200,000 individuals, as determined by the 
Bureau of the Census; and 
‘‘(ii) a 3-month unemployment rate, 
as reported by the Bureau of Labor Statis-
tics, that is— 
‘‘(I) greater than 7 percent; and 
‘‘(II) at least 2 percentage points 
greater than the lowest 3-month un-
employment rate for the area during 
the 5-year period preceding the date 
of the determination. 
‘‘(B) AWARD OF GRANT.— 
‘‘(i) IN GENERAL.—Except as other-
wise provided in this subparagraph, the 
Secretary may make a grant under this 
section for not more than 2 consecutive fis-
cal years. 
‘‘(ii) ADDITIONAL
YEAR.—If, at the 
end of the second fiscal year following the 
date on which the Secretary makes a de-
termination under subparagraph (A) with 
respect to an area, the Secretary deter-
mines that the 3-month unemployment 
rate for the area is at least 2 percentage 
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points greater than the unemployment rate 
for the area at the time the Secretary 
made the determination under subpara-
graph (A), the Secretary may make a 
grant to a recipient in the area for 1 addi-
tional consecutive fiscal year. 
‘‘(iii) EXCLUSION
PERIOD.—Begin-
ning on the last day of the last consecutive 
fiscal year for which a recipient receives a 
grant under this paragraph, the Secretary 
may not make a subsequent grant under 
this paragraph to the recipient for a num-
ber of fiscal years equal to the number of 
consecutive fiscal years in which the recipi-
ent received a grant under this paragraph. 
‘‘(C) LIMITATION.— 
‘‘(i) FIRST
FISCAL
YEAR.—For the 
first fiscal year following the date on which 
the Secretary makes a determination under 
subparagraph (A) with respect to an area, 
not more than 25 percent of the amount 
apportioned to a designated recipient 
under section 5336 for the fiscal year shall 
be available for operating assistance for 
the area. 
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‘‘(ii) SECOND
AND
THIRD
FISCAL 
YEARS.—For the second and third fiscal 
years following the date on which the Sec-
retary makes a determination under sub-
paragraph (A) with respect to an area, not 
more than 20 percent of the amount ap-
portioned to a designated recipient under 
section 5336 for the fiscal year shall be 
available for operating assistance for the 
area. 
‘‘(D) PERIOD OF AVAILABILITY FOR OPER-
ATING
ASSISTANCE.—Operating 
assistance 
awarded under this paragraph shall be available 
for expenditure to a recipient in an area until 
the end of the second fiscal year following the 
date on which the Secretary makes a deter-
mination under subparagraph (A) with respect 
to the area, after which time any unexpended 
funds shall be available to the recipient for 
other eligible activities under this section. 
‘‘(E) CERTIFICATION.—The Secretary may 
make a grant for operating assistance under 
this paragraph for a fiscal year only if the re-
cipient certifies that— 
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‘‘(i) the recipient will maintain public 
transportation service levels at or above 
the current service level, which shall be 
demonstrated by providing an equal or 
greater number of vehicle hours of service 
in the fiscal year than the number of vehi-
cle hours of service provided in the pre-
ceding fiscal year; 
‘‘(ii) any non-Federal entity that pro-
vides funding to the recipient, including a 
State or local governmental entity, will 
maintain the tax rate or rate of allocations 
dedicated to public transportation at or 
above the rate for the preceding fiscal 
year; 
‘‘(iii) the recipient has allocated the 
maximum amount of funding under this 
section for preventive maintenance costs el-
igible as a capital expense necessary to 
maintain the level and quality of service 
provided in the preceding fiscal year; and 
‘‘(iv) the recipient will not use funding 
under this section for new capital assets 
except as necessary for the existing system 
to maintain or achieve a state of good re-
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pair, assure safety, or replace obsolete 
technology. 
‘‘(b) ACCESS TO JOBS PROJECTS.— 
‘‘(1) IN GENERAL.—A designated recipient shall 
expend not less than 3 percent of the amount appor-
tioned to the designated recipient under section 
5336 or an amount equal to the amount apportioned 
to the designated recipient in fiscal year 2011 to 
carry out section 5316 (as in effect for fiscal year 
2011), whichever is less, to carry out a program to 
develop and maintain job access projects. Eligible 
projects may include— 
‘‘(A) a project relating to the development 
and maintenance of public transportation serv-
ices designed to transport eligible low-income 
individuals to and from jobs and activities re-
lated to their employment, including— 
‘‘(i) a public transportation project to 
finance planning, capital, and operating 
costs of providing access to jobs under this 
chapter; 
‘‘(ii) promoting public transportation 
by low-income workers, including the use 
of public transportation by workers with 
nontraditional work schedules; 
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‘‘(iii) promoting the use of public 
transportation vouchers for welfare recipi-
ents and eligible low-income individuals; 
and 
‘‘(iv) promoting the use of employer- 
provided 
transportation, 
including 
the 
transit pass benefit program under section 
132 of the Internal Revenue Code of 1986; 
and 
‘‘(B) a transportation project designed to 
support the use of public transportation includ-
ing— 
‘‘(i) enhancements to existing public 
transportation service for workers with 
non-traditional hours or reverse commutes; 
‘‘(ii) guaranteed ride home programs; 
‘‘(iii) bicycle storage facilities; and 
‘‘(iv) projects that otherwise facilitate 
the provision of public transportation serv-
ices to employment opportunities. 
‘‘(2) PROJECT SELECTION AND PLAN DEVELOP-
MENT.—Each grant recipient under this subsection 
shall certify that— 
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‘‘(A) the projects selected were included in 
a locally developed, coordinated public transit- 
human services transportation plan; 
‘‘(B) the plan was developed and approved 
through a process that included individuals with 
low incomes, representatives of public, private, 
and nonprofit transportation and human serv-
ices providers, and participation by the public; 
‘‘(C) services funded under this subsection 
are coordinated with transportation services 
funded by other Federal departments and agen-
cies to the maximum extent feasible; and 
‘‘(D) allocations of the grant to subrecipi-
ents, if any, are distributed on a fair and equi-
table basis. 
‘‘(3) COMPETITIVE PROCESS FOR GRANTS TO 
SUBRECIPIENTS.— 
‘‘(A) AREAWIDE
SOLICITATIONS.—A re-
cipient of funds apportioned under this sub-
section may conduct, in cooperation with the 
appropriate metropolitan planning organization, 
an areawide solicitation for applications for 
grants to the recipient and subrecipients under 
this subsection. 
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‘‘(B) APPLICATION.—If the recipient elects 
to engage in a competitive process, recipients 
and subrecipients seeking to receive a grant 
from apportioned funds shall submit to the re-
cipient an application in the form and in ac-
cordance with such requirements as the recipi-
ent shall establish. 
‘‘(c) PROGRAM OF PROJECTS.—Each recipient of a 
grant shall— 
‘‘(1) make available to the public information 
on amounts available to the recipient under this sec-
tion; 
‘‘(2) develop, in consultation with interested 
parties, including private transportation providers, a 
proposed program of projects for activities to be fi-
nanced; 
‘‘(3) publish a proposed program of projects in 
a way that affected individuals, private transpor-
tation providers, and local elected officials have the 
opportunity to examine the proposed program and 
submit comments on the proposed program and the 
performance of the recipient; 
‘‘(4) provide an opportunity for a public hearing 
in which to obtain the views of individuals on the 
proposed program of projects; 
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‘‘(5) ensure that the proposed program of 
projects provides for the coordination of public 
transportation services assisted under section 5336 
of this title with transportation services assisted 
from other United States Government sources; 
‘‘(6) consider comments and views received, es-
pecially those of private transportation providers, in 
preparing the final program of projects; and 
‘‘(7) make the final program of projects avail-
able to the public. 
‘‘(d) GRANT RECIPIENT REQUIREMENTS.—A recipi-
ent may receive a grant in a fiscal year only if— 
‘‘(1) the recipient, within the time the Secretary 
prescribes, submits a final program of projects pre-
pared under subsection (c) of this section and a cer-
tification for that fiscal year that the recipient (in-
cluding a person receiving amounts from a Governor 
under this section)— 
‘‘(A) has or will have the legal, financial, 
and technical capacity to carry out the pro-
gram, including safety and security aspects of 
the program; 
‘‘(B) has or will have satisfactory con-
tinuing control over the use of equipment and 
facilities; 
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‘‘(C) will maintain equipment and facili-
ties; 
‘‘(D) will ensure that, during non-peak 
hours for transportation using or involving a fa-
cility or equipment of a project financed under 
this section, a fare that is not more than 50 
percent of the peak hour fare will be charged 
for any— 
‘‘(i) senior; 
‘‘(ii) individual who, because of illness, 
injury, age, congenital malfunction, or 
other incapacity or temporary or perma-
nent disability (including an individual who 
is a wheelchair user or has semiambulatory 
capability), cannot use a public transpor-
tation service or a public transportation fa-
cility effectively without special facilities, 
planning, or design; and 
‘‘(iii) individual presenting a Medicare 
card issued to that individual under title II 
or XVIII of the Social Security Act (42 
U.S.C. 401 et seq. and 1395 et seq.); 
‘‘(E) in carrying out a procurement under 
this section, will comply with sections 5323 and 
5325; 
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‘‘(F) has complied with subsection (c) of 
this section; 
‘‘(G) has available and will provide the re-
quired amounts as provided by subsection (e) of 
this section; 
‘‘(H) will comply with sections 5303 and 
5304; 
‘‘(I) has a locally developed process to so-
licit and consider public comment before raising 
a fare or carrying out a major reduction of 
transportation; 
‘‘(J)(i) will expend for each fiscal year for 
public transportation security projects, includ-
ing increased lighting in or adjacent to a public 
transportation system (including bus stops, sub-
way stations, parking lots, and garages), in-
creased camera surveillance of an area in or ad-
jacent to that system, providing an emergency 
telephone line to contact law enforcement or se-
curity personnel in an area in or adjacent to 
that system, and any other project intended to 
increase the security and safety of an existing 
or planned public transportation system, at 
least 1 percent of the amount the recipient re-
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ceives for each fiscal year under section 5336 of 
this title; or 
‘‘(ii) has decided that the expenditure for 
security projects is not necessary; 
‘‘(K) in the case of a recipient for an ur-
banized area with a population of not fewer 
than 200,000 individuals, as determined by the 
Bureau of the Census— 
‘‘(i) will expend not less than 1 per-
cent of the amount the recipient receives 
each fiscal year under this section for asso-
ciated transit improvements, as defined in 
section 5302; and 
‘‘(ii) will submit an annual report list-
ing projects carried out in the preceding 
fiscal year with those funds; and 
‘‘(L) will comply with section 5329(d); and 
‘‘(2) the Secretary accepts the certification. 
‘‘(e) GOVERNMENT SHARE OF COSTS.— 
‘‘(1) CAPITAL PROJECTS.—A grant for a capital 
project under this section shall be for 80 percent of 
the net project cost of the project. The recipient may 
provide additional local matching amounts. 
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‘‘(2) OPERATING EXPENSES.—A grant for oper-
ating expenses under this section may not exceed 50 
percent of the net project cost of the project. 
‘‘(3) REMAINING COSTS.—Subject to paragraph 
(4), the remainder of the net project costs shall be 
provided— 
‘‘(A) in cash from non-Government sources 
other than revenues from providing public 
transportation services; 
‘‘(B) from revenues from the sale of adver-
tising and concessions; 
‘‘(C) from an undistributed cash surplus, a 
replacement or depreciation cash fund or re-
serve, or new capital; 
‘‘(D) from amounts appropriated or other-
wise made available to a department or agency 
of the Government (other than the Department 
of Transportation) that are eligible to be ex-
pended for transportation; and 
‘‘(E) from amounts received under a serv-
ice agreement with a State or local social serv-
ice agency or private social service organization. 
‘‘(4) USE OF CERTAIN FUNDS.—For purposes 
of subparagraphs (D) and (E) of paragraph (3), the 
prohibitions on the use of funds for matching re-
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quirements under section 403(a)(5)(C)(vii) of the 
Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) 
shall not apply to Federal or State funds to be used 
for transportation purposes. 
‘‘(f) UNDERTAKING PROJECTS IN ADVANCE.— 
‘‘(1) PAYMENT.—The Secretary may pay the 
Government share of the net project cost to a State 
or local governmental authority that carries out any 
part of a project eligible under subparagraph (A) or 
(B) of subsection (a)(1) without the aid of amounts 
of the Government and according to all applicable 
procedures and requirements if— 
‘‘(A) the recipient applies for the payment; 
‘‘(B) the Secretary approves the payment; 
and 
‘‘(C) before carrying out any part of the 
project, the Secretary approves the plans and 
specifications for the part in the same way as 
for other projects under this section. 
‘‘(2) APPROVAL
OF
APPLICATION.—The Sec-
retary may approve an application under paragraph 
(1) of this subsection only if an authorization for 
this section is in effect for the fiscal year to which 
the application applies. The Secretary may not ap-
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prove an application if the payment will be more 
than— 
‘‘(A) the recipient’s expected apportion-
ment under section 5336 of this title if the total 
amount authorized to be appropriated for the 
fiscal year to carry out this section is appro-
priated; less 
‘‘(B) the maximum amount of the appor-
tionment that may be made available for 
projects for operating expenses under this sec-
tion. 
‘‘(3) FINANCING COSTS.— 
‘‘(A) IN GENERAL.—The cost of carrying 
out part of a project includes the amount of in-
terest earned and payable on bonds issued by 
the recipient to the extent proceeds of the 
bonds are expended in carrying out the part. 
‘‘(B) LIMITATION ON THE AMOUNT OF IN-
TEREST.—The amount of interest allowed 
under this paragraph may not be more than the 
most favorable financing terms reasonably 
available for the project at the time of bor-
rowing. 
‘‘(C) CERTIFICATION.—The applicant shall 
certify, in a manner satisfactory to the Sec-
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retary, that the applicant has shown reasonable 
diligence in seeking the most favorable financ-
ing terms. 
‘‘(g) REVIEWS, AUDITS, AND EVALUATIONS.— 
‘‘(1) ANNUAL REVIEW.— 
‘‘(A) IN GENERAL.—At least annually, the 
Secretary shall carry out, or require a recipient 
to have carried out independently, reviews and 
audits the Secretary considers appropriate to 
establish whether the recipient has carried 
out— 
‘‘(i) the activities proposed under sub-
section (d) of this section in a timely and 
effective way and can continue to do so; 
and 
‘‘(ii) those activities and its certifi-
cations and has used amounts of the Gov-
ernment in the way required by law. 
‘‘(B) AUDITING
PROCEDURES.—An audit 
of the use of amounts of the Government shall 
comply with the auditing procedures of the 
Comptroller General. 
‘‘(2) TRIENNIAL REVIEW.—At least once every 
3 years, the Secretary shall review and evaluate 
completely the performance of a recipient in carrying 
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out the recipient’s program, specifically referring to 
compliance with statutory and administrative re-
quirements and the extent to which actual program 
activities are consistent with the activities proposed 
under subsection (d) of this section and the planning 
process required under sections 5303, 5304, and 
5305 of this title. To the extent practicable, the Sec-
retary shall coordinate such reviews with any related 
State or local reviews. 
‘‘(3) ACTIONS
RESULTING
FROM
REVIEW, 
AUDIT, OR EVALUATION.—The Secretary may take 
appropriate action consistent with a review, audit, 
and evaluation under this subsection, including mak-
ing an appropriate adjustment in the amount of a 
grant or withdrawing the grant. 
‘‘(h) TREATMENT.—For purposes of this section, the 
United States Virgin Islands shall be treated as an urban-
ized area, as defined in section 5302. 
‘‘(i) PASSENGER FERRY GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may make 
grants under this subsection to recipients for pas-
senger ferry projects that are eligible for a grant 
under subsection (a). 
‘‘(2) GRANT REQUIREMENTS.—Except as other-
wise provided in this subsection, a grant under this 
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subsection shall be subject to the same terms and 
conditions as a grant under subsection (a). 
‘‘(3) COMPETITIVE
PROCESS.—The Secretary 
shall solicit grant applications and make grants for 
eligible projects on a competitive basis. 
‘‘(4) GEOGRAPHICALLY CONSTRAINED AREAS.— 
Of the amounts made available to carry out this sub-
section, $10,000,000 shall be for capital grants re-
lating to passenger ferries in areas with limited or 
no access to public transportation as a result of geo-
graphical constraints.’’. 
SEC. 20009. CLEAN FUEL GRANT PROGRAM. 
Section 5308 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 5308. Clean fuel grant program 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions shall apply: 
‘‘(1) CLEAN FUEL BUS.—The term ‘clean fuel 
bus’ means a bus that is a clean fuel vehicle. 
‘‘(2) CLEAN FUEL VEHICLE.—The term ‘clean 
fuel vehicle’ means— 
‘‘(A) a passenger vehicle used to provide 
public transportation that the Administrator of 
the Environmental Protection Agency has cer-
tified sufficiently reduces energy consumption 
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or reduces harmful emissions, including direct 
carbon emissions, when compared to a com-
parable standard vehicle; or 
‘‘(B) a zero emission bus used to provide 
public transportation. 
‘‘(3) DIRECT
CARBON
EMISSIONS.—The term 
‘direct carbon emissions’ means the quantity of di-
rect greenhouse gas emissions from a vehicle, as de-
termined by the Administrator of the Environmental 
Protection Agency. 
‘‘(4) ELIGIBLE AREA.—The term ‘eligible area’ 
means an area that is— 
‘‘(A) designated as a nonattainment area 
for ozone or carbon monoxide under section 
107(d) of the Clean Air Act (42 U.S.C. 
7407(d)); or 
‘‘(B) a maintenance area, as defined in 
section 5303, for ozone or carbon monoxide. 
‘‘(5) ELIGIBLE
PROJECT.—The term ‘eligible 
project’ means a project or program of projects in 
an eligible area for— 
‘‘(A) acquiring or leasing clean fuel vehi-
cles; 
‘‘(B) constructing or leasing facilities and 
related equipment for clean fuel vehicles; 
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‘‘(C) constructing new public transpor-
tation facilities to accommodate clean fuel vehi-
cles; or 
‘‘(D) rehabilitating or improving existing 
public transportation facilities to accommodate 
clean fuel vehicles. 
‘‘(6) 
RECIPIENT.—The 
term 
‘recipient’ 
means— 
‘‘(A) for an eligible area that is an urban-
ized area with a population of fewer than 
200,000 individuals, as determined by the Bu-
reau of the Census, the State in which the eligi-
ble area is located; and 
‘‘(B) for an eligible area not described in 
subparagraph (A), the designated recipient for 
the eligible area. 
‘‘(7) ZERO
EMISSION
BUS.—The term ‘zero 
emission bus’ means a clean fuel vehicle that pro-
duces no carbon or particulate matter. 
‘‘(b) AUTHORITY.—The Secretary may make grants 
to recipients to finance eligible projects under this section. 
‘‘(c) GRANT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—A grant under this section 
shall be subject to the requirements of section 5307. 
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‘‘(2) GOVERNMENT SHARE OF COSTS FOR CER-
TAIN PROJECTS.—Section 5323(j) applies to projects 
carried out under this section, unless the grant re-
cipient requests a lower grant percentage. 
‘‘(3) COMBINATION OF FUNDING SOURCES.— 
‘‘(A) 
COMBINATION
PERMITTED.—A 
project carried out under this section may re-
ceive funding under section 5307, or any other 
provision of law. 
‘‘(B) GOVERNMENT
SHARE.—Nothing in 
this paragraph may be construed to alter the 
Government share required under this section, 
section 5307, or any other provision of law. 
‘‘(d) MINIMUM AMOUNTS.—Of amounts made avail-
able by or appropriated under section 5338(a)(2)(D) in 
each fiscal year to carry out this section— 
‘‘(1) not less than 65 percent shall be made 
available to fund eligible projects relating to clean 
fuel buses; and 
‘‘(2) not less than 10 percent shall be made 
available for eligible projects relating to facilities and 
related equipment for clean fuel buses. 
‘‘(e) COMPETITIVE PROCESS.—The Secretary shall 
solicit grant applications and make grants for eligible 
projects on a competitive basis. 
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‘‘(f) PRIORITY CONSIDERATION.—In making grants 
under this section, the Secretary shall give priority to 
projects relating to clean fuel buses that make greater re-
ductions in energy consumption and harmful emissions, 
including direct carbon emissions, than comparable stand-
ard buses or other clean fuel buses. 
‘‘(g) AVAILABILITY OF FUNDS.—Any amounts made 
available or appropriated to carry out this section— 
‘‘(1) shall remain available to an eligible project 
for 2 years after the fiscal year for which the 
amount is made available or appropriated; and 
‘‘(2) that remain unobligated at the end of the 
period described in paragraph (1) shall be added to 
the amount made available to an eligible project in 
the following fiscal year.’’. 
SEC. 
20010. 
FIXED 
GUIDEWAY 
CAPITAL 
INVESTMENT 
GRANTS. 
(a) IN GENERAL.—Section 5309 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 5309. Fixed guideway capital investment grants 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions shall apply: 
‘‘(1) APPLICANT.—The term ‘applicant’ means 
a State or local governmental authority that applies 
for a grant under this section. 
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‘‘(2) BUS RAPID TRANSIT PROJECT.—The term 
‘bus rapid transit project’ means a single route bus 
capital project— 
‘‘(A) if— 
‘‘(i) a majority of the project operates 
in a separated right-of-way dedicated for 
public transportation use during peak peri-
ods; or 
‘‘(ii) a substantial portion of the 
project operates in a separated right-of- 
way that is semi-dedicated for public trans-
portation use during peak periods and in-
cludes other physical elements that reduce 
public transportation vehicle travel time 
and increase service reliability; 
‘‘(B) that represents a substantial invest-
ment in a single route in a defined corridor or 
subarea; and 
‘‘(C) that includes features that emulate 
the services provided by rail fixed guideway 
public transportation systems, including— 
‘‘(i) defined stations; 
‘‘(ii) traffic signal priority for public 
transportation vehicles; 
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‘‘(iii) short headway bidirectional serv-
ices for a substantial part of weekdays and 
weekend days; and 
‘‘(iv) any other features the Secretary 
may determine are necessary to produce 
high-quality public transportation services 
that emulate the services provided by rail 
fixed guideway public transportation sys-
tems. 
‘‘(3) 
CORE
CAPACITY
IMPROVEMENT 
PROJECT.—The term ‘core capacity improvement 
project’ means a substantial corridor-based capital 
investment in an existing fixed guideway system that 
adds capacity and functionality. 
‘‘(4) 
NEW
FIXED
GUIDEWAY
CAPITAL 
PROJECT.—The term ‘new fixed guideway capital 
project’ means— 
‘‘(A) a new fixed guideway project that is 
a minimum operable segment or extension to an 
existing fixed guideway system; or 
‘‘(B) a bus rapid transit project that is a 
minimum operable segment or an extension to 
an existing bus rapid transit system. 
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‘‘(5) PROGRAM OF INTERRELATED PROJECTS.— 
The term ‘program of interrelated projects’ means 
the simultaneous development of— 
‘‘(A) 2 or more new fixed guideway capital 
projects or core capacity improvement projects; 
or 
‘‘(B) 1 or more new fixed guideway capital 
projects and 1 or more core capacity improve-
ment projects. 
‘‘(b) GENERAL AUTHORITY.—The Secretary may 
make grants under this section to State and local govern-
mental authorities to assist in financing— 
‘‘(1) new fixed guideway capital projects, in-
cluding the acquisition of real property, the initial 
acquisition of rolling stock for the system, the acqui-
sition of rights-of-way, and relocation, for fixed 
guideway corridor development for projects in the 
advanced stages of project development or engineer-
ing; and 
‘‘(2) core capacity improvement projects, includ-
ing the acquisition of real property, the acquisition 
of rights-of-way, double tracking, signalization im-
provements, electrification, expanding system plat-
forms, acquisition of rolling stock, construction of 
infill stations, and such other capacity improvement 
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projects as the Secretary determines are appro-
priate. 
‘‘(c) GRANT REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Secretary may make a 
grant under this section for new fixed guideway cap-
ital projects or core capacity improvement projects, 
if the Secretary determines that— 
‘‘(A) the project is part of an approved 
transportation plan required under sections 
5303 and 5304; and 
‘‘(B) the applicant has, or will have— 
‘‘(i) the legal, financial, and technical 
capacity to carry out the project, including 
the safety and security aspects of the 
project; 
‘‘(ii) satisfactory continuing control 
over the use of the equipment or facilities; 
and 
‘‘(iii) the technical and financial ca-
pacity to maintain new and existing equip-
ment and facilities. 
‘‘(2) CERTIFICATION.—An applicant that has 
submitted the certifications required under subpara-
graphs (A), (B), (C), and (H) of section 5307(d)(1) 
shall be deemed to have provided sufficient informa-
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tion upon which the Secretary may make the deter-
minations required under this subsection. 
‘‘(3) TECHNICAL
CAPACITY.—The Secretary 
shall use an expedited technical capacity review 
process for applicants that have recently and suc-
cessfully completed at least 1 new bus rapid transit 
project, new fixed guideway capital project, or core 
capacity improvement project, if— 
‘‘(A) the applicant achieved budget, cost, 
and ridership outcomes for the project that are 
consistent with or better than projections; and 
‘‘(B) the applicant demonstrates that the 
applicant continues to have the staff expertise 
and other resources necessary to implement a 
new project. 
‘‘(4) RECIPIENT REQUIREMENTS.—A recipient 
of a grant awarded under this section shall be sub-
ject to all terms, conditions, requirements, and pro-
visions that the Secretary determines to be necessary 
or appropriate for purposes of this section. 
‘‘(d) NEW FIXED GUIDEWAY GRANTS.— 
‘‘(1) PROJECT DEVELOPMENT PHASE.— 
‘‘(A) ENTRANCE INTO PROJECT DEVELOP-
MENT PHASE.—A new fixed guideway capital 
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project shall enter into the project development 
phase when— 
‘‘(i) the applicant— 
‘‘(I) submits a letter to the Sec-
retary describing the project and re-
questing entry into the project devel-
opment phase; and 
‘‘(II) initiates activities required 
to be carried out under the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) with respect to 
the project; and 
‘‘(ii) the Secretary responds in writing 
to the applicant within 45 days whether 
the information provided is sufficient to 
enter into the project development phase, 
including, when necessary, a detailed de-
scription of any information deemed insuf-
ficient. 
‘‘(B) ACTIVITIES DURING PROJECT DEVEL-
OPMENT PHASE.—Concurrent with the analysis 
required to be made under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), each applicant shall develop sufficient 
information to enable the Secretary to make 
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findings of project justification, policies and 
land use patterns that promote public transpor-
tation, and local financial commitment under 
this subsection. 
‘‘(C) COMPLETION OF PROJECT DEVELOP-
MENT ACTIVITIES REQUIRED.— 
‘‘(i) IN GENERAL.—Not later than 2 
years after the date on which a project en-
ters into the project development phase, 
the applicant shall complete the activities 
required to obtain a project rating under 
subsection (g)(2) and submit completed 
documentation to the Secretary. 
‘‘(ii) EXTENSION OF TIME.—Upon the 
request of an applicant, the Secretary may 
extend the time period under clause (i), if 
the applicant submits to the Secretary— 
‘‘(I) a reasonable plan for com-
pleting the activities required under 
this paragraph; and 
‘‘(II) an estimated time period 
within which the applicant will com-
plete such activities. 
‘‘(2) ENGINEERING PHASE.— 
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‘‘(A) IN GENERAL.—A new fixed guideway 
capital project may advance to the engineering 
phase upon completion of activities required 
under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), as demonstrated 
by a record of decision with respect to the 
project, a finding that the project has no sig-
nificant impact, or a determination that the 
project is categorically excluded, only if the Sec-
retary determines that the project— 
‘‘(i) is selected as the locally preferred 
alternative at the completion of the process 
required under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); 
‘‘(ii) is adopted into the metropolitan 
transportation plan required under section 
5303; 
‘‘(iii) is justified based on a com-
prehensive review of the project’s mobility 
improvements, environmental benefits, and 
cost-effectiveness, as measured by cost per 
rider; 
‘‘(iv) is supported by policies and land 
use patterns that promote public transpor-
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tation, including plans for future land use 
and rezoning, and economic development 
around public transportation stations; and 
‘‘(v) is supported by an acceptable de-
gree of local financial commitment (includ-
ing evidence of stable and dependable fi-
nancing sources), as required under sub-
section (f). 
‘‘(B) DETERMINATION THAT PROJECT IS 
JUSTIFIED.—In making a determination under 
subparagraph (A)(iii), the Secretary shall evalu-
ate, analyze, and consider— 
‘‘(i) the reliability of the forecasting 
methods used to estimate costs and utiliza-
tion made by the recipient and the contrac-
tors to the recipient; and 
‘‘(ii) population density and current 
public transportation ridership in the 
transportation corridor. 
‘‘(e) CORE CAPACITY IMPROVEMENT PROJECTS.— 
‘‘(1) PROJECT DEVELOPMENT PHASE.— 
‘‘(A) ENTRANCE INTO PROJECT DEVELOP-
MENT
PHASE.—A core capacity improvement 
project shall be deemed to have entered into the 
project development phase if— 
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‘‘(i) the applicant— 
‘‘(I) submits a letter to the Sec-
retary describing the project and re-
questing entry into the project devel-
opment phase; and 
‘‘(II) initiates activities required 
to be carried out under the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) with respect to 
the project; and 
‘‘(ii) the Secretary responds in writing 
to the applicant within 45 days whether 
the information provided is sufficient to 
enter into the project development phase, 
including when necessary a detailed de-
scription of any information deemed insuf-
ficient. 
‘‘(B) ACTIVITIES DURING PROJECT DEVEL-
OPMENT PHASE.—Concurrent with the analysis 
required to be made under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), each applicant shall develop sufficient 
information to enable the Secretary to make 
findings of project justification and local finan-
cial commitment under this subsection. 
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‘‘(C) COMPLETION OF PROJECT DEVELOP-
MENT ACTIVITIES REQUIRED.— 
‘‘(i) IN GENERAL.—Not later than 2 
years after the date on which a project en-
ters into the project development phase, 
the applicant shall complete the activities 
required to obtain a project rating under 
subsection (g)(2) and submit completed 
documentation to the Secretary. 
‘‘(ii) EXTENSION OF TIME.—Upon the 
request of an applicant, the Secretary may 
extend the time period under clause (i), if 
the applicant submits to the Secretary— 
‘‘(I) a reasonable plan for com-
pleting the activities required under 
this paragraph; and 
‘‘(II) an estimated time period 
within which the applicant will com-
plete such activities. 
‘‘(2) ENGINEERING PHASE.— 
‘‘(A) IN GENERAL.—A core capacity im-
provement project may advance into the engi-
neering phase upon completion of activities re-
quired under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.), as 
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demonstrated by a record of decision with re-
spect to the project, a finding that the project 
has no significant impact, or a determination 
that the project is categorically excluded, only if 
the Secretary determines that the project— 
‘‘(i) is selected as the locally preferred 
alternative at the completion of the process 
required under the National Environ-
mental Policy Act of 1969; 
‘‘(ii) is adopted into the metropolitan 
transportation plan required under section 
5303; 
‘‘(iii) is in a corridor that is— 
‘‘(I) at or over capacity; or 
‘‘(II) projected to be at or over 
capacity within the next 5 years; 
‘‘(iv) is justified based on a com-
prehensive review of the project’s mobility 
improvements, environmental benefits, and 
cost-effectiveness, as measured by cost per 
rider; and 
‘‘(v) is supported by an acceptable de-
gree of local financial commitment (includ-
ing evidence of stable and dependable fi-
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nancing sources), as required under sub-
section (f). 
‘‘(B) DETERMINATION THAT PROJECT IS 
JUSTIFIED.—In making a determination under 
subparagraph (A)(iv), the Secretary shall evalu-
ate, analyze, and consider— 
‘‘(i) the reliability of the forecasting 
methods used to estimate costs and utiliza-
tion made by the recipient and the contrac-
tors to the recipient; 
‘‘(ii) whether the project will ade-
quately address the capacity concerns in a 
corridor; 
‘‘(iii) whether the project will improve 
interconnectivity among existing systems; 
and 
‘‘(iv) whether the project will improve 
environmental outcomes. 
‘‘(f) FINANCING SOURCES.— 
‘‘(1) REQUIREMENTS.—In determining whether 
a project is supported by an acceptable degree of 
local financial commitment and shows evidence of 
stable and dependable financing sources for purposes 
of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the Sec-
retary shall require that— 
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‘‘(A) the proposed project plan provides for 
the availability of contingency amounts that the 
Secretary determines to be reasonable to cover 
unanticipated cost increases or funding short-
falls; 
‘‘(B) each proposed local source of capital 
and operating financing is stable, reliable, and 
available within the proposed project timetable; 
and 
‘‘(C) local resources are available to recapi-
talize, maintain, and operate the overall existing 
and proposed public transportation system, in-
cluding essential feeder bus and other services 
necessary to achieve the projected ridership lev-
els without requiring a reduction in existing 
public transportation services or level of service 
to operate the project. 
‘‘(2) CONSIDERATIONS.—In assessing the sta-
bility, reliability, and availability of proposed sources 
of local financing for purposes of subsection 
(d)(2)(A)(v) or (e)(2)(A)(v), the Secretary shall con-
sider— 
‘‘(A) the reliability of the forecasting meth-
ods used to estimate costs and revenues made 
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by the recipient and the contractors to the re-
cipient; 
‘‘(B) existing grant commitments; 
‘‘(C) the degree to which financing sources 
are dedicated to the proposed purposes; 
‘‘(D) any debt obligation that exists, or is 
proposed by the recipient, for the proposed 
project or other public transportation purpose; 
and 
‘‘(E) the extent to which the project has a 
local financial commitment that exceeds the re-
quired non-Government share of the cost of the 
project. 
‘‘(g) PROJECT ADVANCEMENT AND RATINGS.— 
‘‘(1) PROJECT
ADVANCEMENT.—A new fixed 
guideway capital project or core capacity improve-
ment project proposed to be carried out using a 
grant under this section may not advance from the 
project development phase to the engineering phase, 
or from the engineering phase to the construction 
phase, unless the Secretary determines that— 
‘‘(A) the project meets the applicable re-
quirements under this section; and 
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‘‘(B) there is a reasonable likelihood that 
the project will continue to meet the require-
ments under this section. 
‘‘(2) RATINGS.— 
‘‘(A) OVERALL RATING.—In making a de-
termination under paragraph (1), the Secretary 
shall evaluate and rate a project as a whole on 
a 5-point scale (high, medium-high, medium, 
medium-low, or low) based on— 
‘‘(i) in the case of a new fixed guide-
way capital project, the project justifica-
tion 
criteria 
under 
subsection 
(d)(2)(A)(iii), the policies and land use 
patterns that support public transpor-
tation, and the degree of local financial 
commitment; and 
‘‘(ii) in the case of a core capacity im-
provement project, the capacity needs of 
the corridor, the project justification cri-
teria under subsection (e)(2)(A)(iv), and 
the degree of local financial commitment. 
‘‘(B) INDIVIDUAL RATINGS FOR EACH CRI-
TERION.—In rating a project under this para-
graph, the Secretary shall— 
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‘‘(i) provide, in addition to the overall 
project rating under subparagraph (A), in-
dividual ratings for each of the criteria es-
tablished under subsection (d)(2)(A)(iii) or 
(e)(2)(A)(iv), as applicable; and 
‘‘(ii) give comparable, but not nec-
essarily equal, numerical weight to each of 
the criteria established under subsections 
(d)(2)(A)(iii) or (e)(2)(A)(iv), as applica-
ble, in calculating the overall project rating 
under clause (i). 
‘‘(C) MEDIUM RATING NOT REQUIRED.— 
The Secretary shall not require that any single 
project justification criterion meet or exceed a 
‘medium’ rating in order to advance the project 
from one phase to another. 
‘‘(3) WARRANTS.—The Secretary shall, to the 
maximum extent practicable, develop and use special 
warrants for making a project justification deter-
mination under subsection (d)(2) or (e)(2), as appli-
cable, for a project proposed to be funded using a 
grant under this section, if— 
‘‘(A) the share of the cost of the project to 
be provided under this section does not ex-
ceed— 
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‘‘(i) $100,000,000; or 
‘‘(ii) 50 percent of the total cost of 
the project; 
‘‘(B) the applicant requests the use of the 
warrants; 
‘‘(C) the applicant certifies that its existing 
public transportation system is in a state of 
good repair; and 
‘‘(D) the applicant meets any other re-
quirements that the Secretary considers appro-
priate to carry out this subsection. 
‘‘(4) LETTERS OF INTENT AND EARLY SYSTEMS 
WORK AGREEMENTS.—In order to expedite a project 
under this subsection, the Secretary shall, to the 
maximum extent practicable, issue letters of intent 
and enter into early systems work agreements upon 
issuance of a record of decision for projects that re-
ceive an overall project rating of medium or better. 
‘‘(5) POLICY GUIDANCE.—The Secretary shall 
issue policy guidance regarding the review and eval-
uation process and criteria— 
‘‘(A) not later than 180 days after the date 
of enactment of the Federal Public Transpor-
tation Act of 2012; and 
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‘‘(B) each time the Secretary makes sig-
nificant changes to the process and criteria, but 
not less frequently than once every 2 years. 
‘‘(6) RULES.—Not later than 1 year after the 
date of enactment of the Federal Public Transpor-
tation Act of 2012, the Secretary shall issue rules 
establishing an evaluation and rating process for— 
‘‘(A) new fixed guideway capital projects 
that is based on the results of project justifica-
tion, policies and land use patterns that pro-
mote public transportation, and local financial 
commitment, as required under this subsection; 
and 
‘‘(B) core capacity improvement projects 
that is based on the results of the capacity 
needs of the corridor, project justification, and 
local financial commitment. 
‘‘(7) APPLICABILITY.—This subsection shall not 
apply to a project for which the Secretary issued a 
letter of intent, entered into a full funding grant 
agreement, or entered into a project construction 
agreement before the date of enactment of the Fed-
eral Public Transportation Act of 2012. 
‘‘(h) PROGRAMS OF INTERRELATED PROJECTS.— 
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‘‘(1) PROJECT DEVELOPMENT PHASE.—A fed-
erally funded project in a program of interrelated 
projects shall advance through project development 
as provided in subsection (d) or (e), as applicable. 
‘‘(2) ENGINEERING PHASE.—A federally funded 
project in a program of interrelated projects may ad-
vance into the engineering phase upon completion of 
activities required under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), as 
demonstrated by a record of decision with respect to 
the project, a finding that the project has no signifi-
cant impact, or a determination that the project is 
categorically excluded, only if the Secretary deter-
mines that— 
‘‘(A) the project is selected as the locally 
preferred alternative at the completion of the 
process required under the National Environ-
mental Policy Act of 1969; 
‘‘(B) the project is adopted into the metro-
politan transportation plan required under sec-
tion 5303; 
‘‘(C) the program of interrelated projects 
involves projects that have a logical connectivity 
to one another; 
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‘‘(D) the program of interrelated projects, 
when evaluated as a whole, meets the require-
ments of subsection (d)(2) or (e)(2), as applica-
ble; 
‘‘(E) the program of interrelated projects 
is supported by a program implementation plan 
demonstrating that construction will begin on 
each of the projects in the program of inter-
related projects within a reasonable time frame; 
and 
‘‘(F) the program of interrelated projects 
is supported by an acceptable degree of local fi-
nancial commitment, as described in subsection 
(f). 
‘‘(3) PROJECT ADVANCEMENT AND RATINGS.— 
‘‘(A) PROJECT ADVANCEMENT.—A project 
receiving a grant under this section that is part 
of a program of interrelated projects may not 
advance from the project development phase to 
the engineering phase, or from the engineering 
phase to the construction phase, unless the Sec-
retary determines that the program of inter-
related projects meets the applicable require-
ments of this section and there is a reasonable 
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likelihood that the program will continue to 
meet such requirements. 
‘‘(B) RATINGS.— 
‘‘(i) OVERALL RATING.—In making a 
determination under subparagraph (A), the 
Secretary shall evaluate and rate a pro-
gram of interrelated projects on a 5-point 
scale (high, medium-high, medium, me-
dium-low, or low) based on the criteria de-
scribed in paragraph (2). 
‘‘(ii) INDIVIDUAL RATING FOR EACH 
CRITERION.—In rating a program of inter-
related projects, the Secretary shall pro-
vide, in addition to the overall program 
rating, individual ratings for each of the 
criteria described in paragraph (2) and 
shall give comparable, but not necessarily 
equal, numerical weight to each such cri-
terion in calculating the overall program 
rating. 
‘‘(iii) 
MEDIUM
RATING
NOT
RE-
QUIRED.—The Secretary shall not require 
that any single criterion described in para-
graph (2) meet or exceed a ‘medium’ rat-
ing in order to advance the program of 
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interrelated projects from one phase to an-
other. 
‘‘(4) ANNUAL REVIEW.— 
‘‘(A) REVIEW REQUIRED.—The Secretary 
shall annually review the program implementa-
tion plan required under paragraph (2)(E) to 
determine whether the program of interrelated 
projects is adhering to its schedule. 
‘‘(B) EXTENSION OF TIME.—If a program 
of interrelated projects is not adhering to its 
schedule, the Secretary may, upon the request 
of the applicant, grant an extension of time if 
the applicant submits a reasonable plan that in-
cludes— 
‘‘(i) evidence of continued adequate 
funding; and 
‘‘(ii) an estimated time frame for com-
pleting 
the 
program 
of 
interrelated 
projects. 
‘‘(C) 
SATISFACTORY
PROGRESS
RE-
QUIRED.—If the Secretary determines that a 
program of interrelated projects is not making 
satisfactory progress, no Federal funds shall be 
provided for a project within the program of 
interrelated projects. 
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‘‘(5) FAILURE
TO
CARRY
OUT
PROGRAM
OF 
INTERRELATED PROJECTS.— 
‘‘(A) REPAYMENT REQUIRED.—If an appli-
cant does not carry out the program of inter-
related projects within a reasonable time, for 
reasons within the control of the applicant, the 
applicant shall repay all Federal funds provided 
for the program, and any reasonable interest 
and penalty charges that the Secretary may es-
tablish. 
‘‘(B) CREDITING OF FUNDS RECEIVED.— 
Any funds received by the Government under 
this paragraph, other than interest and penalty 
charges, shall be credited to the appropriation 
account from which the funds were originally 
derived. 
‘‘(6) NON-FEDERAL FUNDS.—Any non-Federal 
funds committed to a project in a program of inter-
related projects may be used to meet a non-Govern-
ment share requirement for any other project in the 
program of interrelated projects, if the Government 
share of the cost of each project within the program 
of interrelated projects does not exceed 80 percent. 
‘‘(7) PRIORITY.—In making grants under this 
section, the Secretary may give priority to programs 
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of interrelated projects for which the non-Govern-
ment share of the cost of the projects included in the 
programs of interrelated projects exceeds the non- 
Government share required under subsection (k). 
‘‘(8) NON-GOVERNMENT PROJECTS.—Including 
a project not financed by the Government in a pro-
gram of interrelated projects does not impose Gov-
ernment requirements that would not otherwise 
apply to the project. 
‘‘(i) PREVIOUSLY ISSUED LETTER OF INTENT OR 
FULL FUNDING GRANT AGREEMENT.—Subsections (d) 
and (e) shall not apply to projects for which the Secretary 
has issued a letter of intent, entered into a full funding 
grant agreement, or entered into a project construction 
grant agreement before the date of enactment of the Fed-
eral Public Transportation Act of 2012. 
‘‘(j) LETTERS OF INTENT, FULL FUNDING GRANT 
AGREEMENTS, AND EARLY SYSTEMS WORK AGREE-
MENTS.— 
‘‘(1) LETTERS OF INTENT.— 
‘‘(A) AMOUNTS
INTENDED
TO
BE
OBLI-
GATED.—The Secretary may issue a letter of 
intent to an applicant announcing an intention 
to obligate, for a new fixed guideway capital 
project or core capacity improvement project, 
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an amount from future available budget author-
ity specified in law that is not more than the 
amount stipulated as the financial participation 
of the Secretary in the project. When a letter 
is issued for a capital project under this section, 
the amount shall be sufficient to complete at 
least an operable segment. 
‘‘(B) TREATMENT.—The issuance of a let-
ter under subparagraph (A) is deemed not to be 
an obligation under sections 1108(c), 1501, and 
1502(a) of title 31, United States Code, or an 
administrative commitment. 
‘‘(2) FULL FUNDING GRANT AGREEMENTS.— 
‘‘(A) IN GENERAL.—A new fixed guideway 
capital project or core capacity improvement 
project shall be carried out through a full fund-
ing grant agreement. 
‘‘(B) CRITERIA.—The Secretary shall enter 
into a full funding grant agreement, based on 
the evaluations and ratings required under sub-
section (d), (e), or (h), as applicable, with each 
grantee receiving assistance for a new fixed 
guideway capital project or core capacity im-
provement project that has been rated as high, 
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medium-high, or medium, in accordance with 
subsection (g)(2)(A) or (h)(3)(B), as applicable. 
‘‘(C) TERMS.—A full funding grant agree-
ment shall— 
‘‘(i) establish the terms of participa-
tion by the Government in a new fixed 
guideway capital project or core capacity 
improvement project; 
‘‘(ii) establish the maximum amount 
of Federal financial assistance for the 
project; 
‘‘(iii) include the period of time for 
completing the project, even if that period 
extends beyond the period of an authoriza-
tion; and 
‘‘(iv) make timely and efficient man-
agement of the project easier according to 
the law of the United States. 
‘‘(D) SPECIAL FINANCIAL RULES.— 
‘‘(i) IN
GENERAL.—A full funding 
grant agreement under this paragraph ob-
ligates an amount of available budget au-
thority specified in law and may include a 
commitment, contingent on amounts to be 
specified in law in advance for commit-
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794 
ments under this paragraph, to obligate an 
additional amount from future available 
budget authority specified in law. 
‘‘(ii) STATEMENT
OF
CONTINGENT 
COMMITMENT.—The agreement shall state 
that the contingent commitment is not an 
obligation of the Government. 
‘‘(iii) INTEREST AND OTHER FINANC-
ING COSTS.—Interest and other financing 
costs of efficiently carrying out a part of 
the project within a reasonable time are a 
cost of carrying out the project under a 
full funding grant agreement, except that 
eligible costs may not be more than the 
cost of the most favorable financing terms 
reasonably available for the project at the 
time of borrowing. The applicant shall cer-
tify, in a way satisfactory to the Secretary, 
that the applicant has shown reasonable 
diligence in seeking the most favorable fi-
nancing terms. 
‘‘(iv) COMPLETION
OF
OPERABLE 
SEGMENT.—The amount stipulated in an 
agreement under this paragraph for a new 
fixed guideway capital project shall be suf-
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ficient to complete at least an operable seg-
ment. 
‘‘(E) BEFORE AND AFTER STUDY.— 
‘‘(i) IN
GENERAL.—A full funding 
grant agreement under this paragraph 
shall require the applicant to conduct a 
study that— 
‘‘(I) describes and analyzes the 
impacts of the new fixed guideway 
capital project or core capacity im-
provement project on public transpor-
tation services and public transpor-
tation ridership; 
‘‘(II) evaluates the consistency of 
predicted and actual project charac-
teristics and performance; and 
‘‘(III) identifies reasons for dif-
ferences between predicted and actual 
outcomes. 
‘‘(ii) INFORMATION COLLECTION AND 
ANALYSIS PLAN.— 
‘‘(I) SUBMISSION OF PLAN.—Ap-
plicants seeking a full funding grant 
agreement under this paragraph shall 
submit a complete plan for the collec-
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tion and analysis of information to 
identify the impacts of the new fixed 
guideway capital project or core ca-
pacity improvement project and the 
accuracy of the forecasts prepared 
during the development of the project. 
Preparation of this plan shall be in-
cluded in the full funding grant agree-
ment as an eligible activity. 
‘‘(II) CONTENTS OF PLAN.—The 
plan submitted under subclause (I) 
shall provide for— 
‘‘(aa) collection of data on 
the current public transportation 
system regarding public transpor-
tation service levels and ridership 
patterns, including origins and 
destinations, access modes, trip 
purposes, and rider characteris-
tics; 
‘‘(bb) documentation of the 
predicted scope, service levels, 
capital costs, operating costs, and 
ridership of the project; 
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‘‘(cc) collection of data on 
the public transportation system 
2 years after the opening of a 
new 
fixed 
guideway 
capital 
project or core capacity improve-
ment project, including analogous 
information on public transpor-
tation service levels and ridership 
patterns and information on the 
as-built scope, capital, and fi-
nancing costs of the project; and 
‘‘(dd) analysis of the consist-
ency of predicted project charac-
teristics with actual outcomes. 
‘‘(F) COLLECTION OF DATA ON CURRENT 
SYSTEM.—To be eligible for a full funding 
grant agreement under this paragraph, recipi-
ents shall have collected data on the current 
system, according to the plan required under 
subparagraph (E)(ii), before the beginning of 
construction of the proposed new fixed guide-
way capital project or core capacity improve-
ment project. Collection of this data shall be in-
cluded in the full funding grant agreement as 
an eligible activity. 
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‘‘(3) EARLY SYSTEMS WORK AGREEMENTS.— 
‘‘(A) CONDITIONS.—The Secretary may 
enter into an early systems work agreement 
with an applicant if a record of decision under 
the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) has been issued on the 
project and the Secretary finds there is reason 
to believe— 
‘‘(i) a full funding grant agreement 
for the project will be made; and 
‘‘(ii) the terms of the work agreement 
will promote ultimate completion of the 
project more rapidly and at less cost. 
‘‘(B) CONTENTS.— 
‘‘(i) IN GENERAL.—An early systems 
work agreement under this paragraph obli-
gates budget authority available under this 
chapter and title 23 and shall provide for 
reimbursement of preliminary costs of car-
rying out the project, including land acqui-
sition, timely procurement of system ele-
ments for which specifications are decided, 
and other activities the Secretary decides 
are appropriate to make efficient, long- 
term project management easier. 
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‘‘(ii) CONTINGENT COMMITMENT.—An 
early systems work agreement may include 
a commitment, contingent on amounts to 
be specified in law in advance for commit-
ments under this paragraph, to obligate an 
additional amount from future available 
budget authority specified in law. 
‘‘(iii) PERIOD
COVERED.—An early 
systems work agreement under this para-
graph shall cover the period of time the 
Secretary considers appropriate. The pe-
riod may extend beyond the period of cur-
rent authorization. 
‘‘(iv) INTEREST AND OTHER FINANC-
ING COSTS.—Interest and other financing 
costs of efficiently carrying out the early 
systems work agreement within a reason-
able time are a cost of carrying out the 
agreement, except that eligible costs may 
not be more than the cost of the most fa-
vorable financing terms reasonably avail-
able for the project at the time of bor-
rowing. The applicant shall certify, in a 
way satisfactory to the Secretary, that the 
applicant has shown reasonable diligence in 
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seeking the most favorable financing 
terms. 
‘‘(v) 
FAILURE
TO
CARRY
OUT 
PROJECT.—If an applicant does not carry 
out the project for reasons within the con-
trol of the applicant, the applicant shall 
repay all Federal grant funds awarded for 
the project from all Federal funding 
sources, for all project activities, facilities, 
and equipment, plus reasonable interest 
and penalty charges allowable by law or es-
tablished by the Secretary in the early sys-
tems work agreement. 
‘‘(vi) CREDITING
OF
FUNDS
RE-
CEIVED.—Any funds received by the Gov-
ernment under this paragraph, other than 
interest and penalty charges, shall be cred-
ited to the appropriation account from 
which the funds were originally derived. 
‘‘(4) LIMITATION ON AMOUNTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
enter into full funding grant agreements under 
this subsection for new fixed guideway capital 
projects and core capacity improvement projects 
that contain contingent commitments to incur 
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obligations in such amounts as the Secretary 
determines are appropriate. 
‘‘(B) APPROPRIATION REQUIRED.—An ob-
ligation may be made under this subsection only 
when amounts are appropriated for the obliga-
tion. 
‘‘(5) NOTIFICATION TO CONGRESS.—At least 30 
days before issuing a letter of intent, entering into 
a full funding grant agreement, or entering into an 
early systems work agreement under this section, the 
Secretary shall notify, in writing, the Committee on 
Banking, Housing, and Urban Affairs and the Com-
mittee on Appropriations of the Senate and the 
Committee on Transportation and Infrastructure 
and the Committee on Appropriations of the House 
of Representatives of the proposed letter or agree-
ment. The Secretary shall include with the notifica-
tion a copy of the proposed letter or agreement as 
well as the evaluations and ratings for the project. 
‘‘(k) GOVERNMENT
SHARE
OF
NET
CAPITAL 
PROJECT COST.— 
‘‘(1) IN GENERAL.—Based on engineering stud-
ies, studies of economic feasibility, and information 
on the expected use of equipment or facilities, the 
Secretary shall estimate the net capital project cost. 
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A grant for the project shall not exceed 80 percent 
of the net capital project cost. 
‘‘(2) ADJUSTMENT
FOR
COMPLETION
UNDER 
BUDGET.—The Secretary may adjust the final net 
capital project cost of a new fixed guideway capital 
project or core capacity improvement project evalu-
ated under subsection (d), (e), or (h) to include the 
cost of eligible activities not included in the origi-
nally defined project if the Secretary determines that 
the originally defined project has been completed at 
a cost that is significantly below the original esti-
mate. 
‘‘(3) MAXIMUM
GOVERNMENT
SHARE.—The 
Secretary may provide a higher grant percentage 
than requested by the grant recipient if— 
‘‘(A) the Secretary determines that the net 
capital project cost of the project is not more 
than 10 percent higher than the net capital 
project cost estimated at the time the project 
was approved for advancement into the engi-
neering phase; and 
‘‘(B) the ridership estimated for the 
project is not less than 90 percent of the rider-
ship estimated for the project at the time the 
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project was approved for advancement into the 
engineering phase. 
‘‘(4) REMAINDER
OF
NET
CAPITAL
PROJECT 
COST.—The remainder of the net capital project cost 
shall be provided from an undistributed cash sur-
plus, a replacement or depreciation cash fund or re-
serve, or new capital. 
‘‘(5) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this section shall be construed as 
authorizing the Secretary to require a non-Federal 
financial commitment for a project that is more than 
20 percent of the net capital project cost. 
‘‘(6) SPECIAL
RULE
FOR
ROLLING
STOCK 
COSTS.—In addition to amounts allowed pursuant to 
paragraph (1), a planned extension to a fixed guide-
way system may include the cost of rolling stock pre-
viously purchased if the applicant satisfies the Sec-
retary that only amounts other than amounts pro-
vided by the Government were used and that the 
purchase was made for use on the extension. A re-
fund or reduction of the remainder may be made 
only if a refund of a proportional amount of the 
grant of the Government is made at the same time. 
‘‘(7) LIMITATION
ON
APPLICABILITY.—This 
subsection shall not apply to projects for which the 
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804 
Secretary entered into a full funding grant agree-
ment before the date of enactment of the Federal 
Public Transportation Act of 2012. 
‘‘(l) UNDERTAKING PROJECTS IN ADVANCE.— 
‘‘(1) IN GENERAL.—The Secretary may pay the 
Government share of the net capital project cost to 
a State or local governmental authority that carries 
out any part of a project described in this section 
without the aid of amounts of the Government and 
according to all applicable procedures and require-
ments if— 
‘‘(A) the State or local governmental au-
thority applies for the payment; 
‘‘(B) the Secretary approves the payment; 
and 
‘‘(C) before the State or local govern-
mental authority carries out the part of the 
project, the Secretary approves the plans and 
specifications for the part in the same way as 
other projects under this section. 
‘‘(2) FINANCING COSTS.— 
‘‘(A) IN GENERAL.—The cost of carrying 
out part of a project includes the amount of in-
terest earned and payable on bonds issued by 
the State or local governmental authority to the 
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805 
extent proceeds of the bonds are expended in 
carrying out the part. 
‘‘(B) LIMITATION ON AMOUNT OF INTER-
EST.—The amount of interest under this para-
graph may not be more than the most favorable 
interest terms reasonably available for the 
project at the time of borrowing. 
‘‘(C) CERTIFICATION.—The applicant shall 
certify, in a manner satisfactory to the Sec-
retary, that the applicant has shown reasonable 
diligence in seeking the most favorable financ-
ing terms. 
‘‘(m) AVAILABILITY OF AMOUNTS.— 
‘‘(1) IN GENERAL.—An amount made available 
or appropriated for a new fixed guideway capital 
project or core capacity improvement project shall 
remain available to that project for 5 fiscal years, in-
cluding the fiscal year in which the amount is made 
available or appropriated. Any amounts that are un-
obligated to the project at the end of the 5-fiscal- 
year period may be used by the Secretary for any 
purpose under this section. 
‘‘(2) USE
OF
DEOBLIGATED
AMOUNTS.—An 
amount available under this section that is 
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806 
deobligated may be used for any purpose under this 
section. 
‘‘(n) REPORTS ON NEW FIXED GUIDEWAY AND CORE 
CAPACITY IMPROVEMENT PROJECTS.— 
‘‘(1) ANNUAL
REPORT
ON
FUNDING
REC-
OMMENDATIONS.—Not later than the first Monday 
in February of each year, the Secretary shall submit 
to the Committee on Banking, Housing, and Urban 
Affairs and the Committee on Appropriations of the 
Senate and the Committee on Transportation and 
Infrastructure and the Committee on Appropriations 
of the House of Representatives a report that in-
cludes— 
‘‘(A) a proposal of allocations of amounts 
to be available to finance grants for projects 
under this section among applicants for these 
amounts; 
‘‘(B) evaluations and ratings, as required 
under subsections (d), (e), and (h), for each 
such project that is in project development, en-
gineering, or has received a full funding grant 
agreement; and 
‘‘(C) recommendations of such projects for 
funding based on the evaluations and ratings 
and on existing commitments and anticipated 
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807 
funding levels for the next 3 fiscal years based 
on information currently available to the Sec-
retary. 
‘‘(2) REPORTS ON BEFORE AND AFTER STUD-
IES.—Not later than the first Monday in August of 
each year, the Secretary shall submit to the commit-
tees described in paragraph (1) a report containing 
a summary of the results of any studies conducted 
under subsection (j)(2)(E). 
‘‘(3) ANNUAL GAO REVIEW.—The Comptroller 
General of the United States shall— 
‘‘(A) conduct an annual review of— 
‘‘(i) the processes and procedures for 
evaluating, rating, and recommending new 
fixed guideway capital projects and core 
capacity improvement projects; and 
‘‘(ii) the Secretary’s implementation 
of such processes and procedures; and 
‘‘(B) report to Congress on the results of 
such review by May 31 of each year.’’. 
(b) PILOT PROGRAM FOR EXPEDITED PROJECT DE-
LIVERY.— 
(1) DEFINITIONS.—In this subsection the fol-
lowing definitions shall apply: 
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808 
(A) ELIGIBLE PROJECT.—The term ‘‘eligi-
ble 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 section, that has not entered into a full 
funding grant agreement with the Federal 
Transit Administration before the date of en-
actment of the Federal Public Transportation 
Act of 2012. 
(B) 
PROGRAM.—The 
term 
‘‘program’’ 
means the pilot program for expedited project 
delivery established under this subsection. 
(C) RECIPIENT.—The term ‘‘recipient’’ 
means a recipient of funding under chapter 53 
of title 49, United States Code. 
(D) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Transportation. 
(2) ESTABLISHMENT.—The Secretary shall es-
tablish and implement a pilot program to dem-
onstrate whether innovative project development and 
delivery methods or innovative financing arrange-
ments can expedite project delivery for certain meri-
torious new fixed guideway capital projects and core 
capacity improvement projects. 
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(3) LIMITATION ON NUMBER OF PROJECTS.— 
The Secretary shall select 3 eligible projects to par-
ticipate in the program, of which— 
(A) at least 1 shall be an eligible project 
requesting more than $100,000,000 in Federal 
financial assistance under section 5309 of title 
49, United States Code; and 
(B) at least 1 shall be an eligible project 
requesting less than $100,000,000 in Federal 
financial assistance under section 5309 of title 
49, United States Code. 
(4) GOVERNMENT
SHARE.—The Government 
share of the total cost of an eligible project that par-
ticipates in the program may not exceed 50 percent. 
(5) ELIGIBILITY.—A recipient that desires to 
participate in the program shall submit to the Sec-
retary an application that contains, at a minimum— 
(A) identification of an eligible project; 
(B) a schedule and finance plan for the 
construction and operation of the eligible 
project; 
(C) an analysis of the efficiencies of the 
proposed project development and delivery 
methods or innovative financing arrangement 
for the eligible project; and 
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(D) a certification that the recipient’s ex-
isting public transportation system is in a state 
of good repair. 
(6) SELECTION CRITERIA.—The Secretary may 
award a full funding grant agreement under this 
subsection if the Secretary determines that— 
(A) the recipient has completed planning 
and the activities required under the National 
Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.); and 
(B) the recipient has the necessary legal, 
financial, and technical capacity to carry out 
the eligible project. 
(7) BEFORE
AND
AFTER
STUDY
AND
RE-
PORT.— 
(A) STUDY
REQUIRED.—A full funding 
grant agreement under this paragraph shall re-
quire a recipient to conduct a study that— 
(i) describes and analyzes the impacts 
of the eligible project on public transpor-
tation services and public transportation 
ridership; 
(ii) describes and analyzes the consist-
ency of predicted and actual benefits and 
costs of the innovative project development 
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811 
and delivery methods or innovative financ-
ing for the eligible project; and 
(iii) identifies reasons for any dif-
ferences between predicted and actual out-
comes for the eligible project. 
(B) SUBMISSION OF REPORT.—Not later 
than 9 months after an eligible project selected 
to participate in the program begins revenue 
operations, the recipient shall submit to the 
Secretary a report on the results of the study 
under subparagraph (A). 
SEC. 20011. FORMULA GRANTS FOR THE ENHANCED MOBIL-
ITY OF SENIORS AND INDIVIDUALS WITH DIS-
ABILITIES. 
Section 5310 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 5310. Formula grants for the enhanced mobility of 
seniors and individuals with disabilities 
‘‘(a) DEFINITIONS.—In this section, the following 
definitions shall apply: 
‘‘(1) RECIPIENT.—The term ‘recipient’ means a 
designated recipient or a State that receives a grant 
under this section directly. 
‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 
means a State or local governmental authority, non-
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812 
profit organization, or operator of public transpor-
tation that receives a grant under this section indi-
rectly through a recipient. 
‘‘(b) GENERAL AUTHORITY.— 
‘‘(1) 
GRANTS.—The 
Secretary 
may 
make 
grants under this section to recipients for— 
‘‘(A) public transportation capital projects 
planned, designed, and carried out to meet the 
special needs of seniors and individuals with 
disabilities when public transportation is insuf-
ficient, inappropriate, or unavailable; 
‘‘(B) public transportation projects that 
exceed the requirements of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.); 
‘‘(C) public transportation projects that 
improve access to fixed route service and de-
crease reliance by individuals with disabilities 
on complementary paratransit; and 
‘‘(D) alternatives to public transportation 
that assist seniors and individuals with disabil-
ities with transportation. 
‘‘(2) LIMITATIONS FOR CAPITAL PROJECTS.— 
‘‘(A) AMOUNT
AVAILABLE.—The amount 
available for capital projects under paragraph 
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(1)(A) shall be not less than 55 percent of the 
funds apportioned to the recipient under this 
section. 
‘‘(B) ALLOCATION TO SUBRECIPIENTS.—A 
recipient of a grant under paragraph (1)(A) 
may allocate the amounts provided under the 
grant to— 
‘‘(i) a nonprofit organization; or 
‘‘(ii) a State or local governmental au-
thority that— 
‘‘(I) is approved by a State to co-
ordinate services for seniors and indi-
viduals with disabilities; or 
‘‘(II) certifies that there are no 
nonprofit organizations readily avail-
able in the area to provide the services 
described in paragraph (1)(A). 
‘‘(3) ADMINISTRATIVE EXPENSES.— 
‘‘(A) IN GENERAL.—A recipient may use 
not more than 10 percent of the amounts ap-
portioned to the recipient under this section to 
administer, plan, and provide technical assist-
ance for a project funded under this section. 
‘‘(B) GOVERNMENT
SHARE
OF
COSTS.— 
The Government share of the costs of admin-
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istering a program carried out using funds 
under this section shall be 100 percent. 
‘‘(4) ELIGIBLE CAPITAL EXPENSES.—The ac-
quisition of public transportation services is an eligi-
ble capital expense under this section. 
‘‘(5) COORDINATION.— 
‘‘(A) 
DEPARTMENT
OF
TRANSPOR-
TATION.—To the maximum extent feasible, the 
Secretary shall coordinate activities under this 
section with related activities under other Fed-
eral departments and agencies. 
‘‘(B) OTHER
FEDERAL
AGENCIES
AND 
NONPROFIT ORGANIZATIONS.—A State or local 
governmental authority or nonprofit organiza-
tion that receives assistance from Government 
sources (other than the Department of Trans-
portation) for nonemergency transportation 
services shall— 
‘‘(i) participate and coordinate with 
recipients of assistance under this chapter 
in the design and delivery of transportation 
services; and 
‘‘(ii) participate in the planning for 
the transportation services described in 
clause (i). 
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‘‘(6) PROGRAM OF PROJECTS.— 
‘‘(A) IN GENERAL.—Amounts made avail-
able to carry out this section may be used for 
transportation projects to assist in providing 
transportation services for seniors and individ-
uals with disabilities, if such transportation 
projects are included in a program of projects. 
‘‘(B) SUBMISSION.—A recipient shall an-
nually submit a program of projects to the Sec-
retary. 
‘‘(C) 
ASSURANCE.—The 
program 
of 
projects submitted under subparagraph (B) 
shall contain an assurance that the program 
provides for the maximum feasible coordination 
of transportation services assisted under this 
section with transportation services assisted by 
other Government sources. 
‘‘(7) MEAL DELIVERY FOR HOMEBOUND INDI-
VIDUALS.—A public transportation service provider 
that receives assistance under this section or section 
5311(c) may coordinate and assist in regularly pro-
viding meal delivery service for homebound individ-
uals, if the delivery service does not conflict with 
providing public transportation service or reduce 
service to public transportation passengers. 
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