610 
available for obligation on October 1 of the fiscal 
year. 
‘‘§ 609. Reports to Congress 
‘‘On June 1, 2012, and every 2 years thereafter, the 
Secretary shall submit to Congress a report summarizing 
the financial performance of the projects that are receiv-
ing, or have received, assistance under this chapter (other 
than section 610), including a recommendation as to 
whether the objectives of this chapter (other than section 
610) are best served— 
‘‘(1) by continuing the program under the au-
thority of the Secretary; 
‘‘(2) by establishing a Federal corporation or 
federally sponsored enterprise to administer the pro-
gram; or 
‘‘(3) by phasing out the program and relying on 
the capital markets to fund the types of infrastruc-
ture investments assisted by this chapter (other than 
section 610) without Federal participation.’’. 
SEC. 2003. STATE INFRASTRUCTURE BANKS. 
Section 610(d)(1)(A) of title 23, United States Code, 
is amended by striking ‘‘sections 104(b)(1)’’ and all that 
follows though the semicolon and inserting ‘‘paragraphs 
(1) and (2) of section 104(b)’’. 
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TITLE III—HIGHWAY SPENDING 
CONTROLS 
SEC. 3001. HIGHWAY SPENDING CONTROLS. 
(a) IN GENERAL.—Title 23, United States Code, is 
amended by adding at the end the following: 
CHAPTER 7—HIGHWAY SPENDING CONTROLS 
Sec. 
701. Solvency of Highway Account of the Highway Trust Fund. 
‘‘SEC. 701. SOLVENCY OF HIGHWAY ACCOUNT OF THE HIGH-
WAY TRUST FUND. 
‘‘(a) SOLVENCY CALCULATION
FOR FISCAL YEAR 
2012.— 
‘‘(1) ADJUSTMENT
OF
OBLIGATION
LIMITA-
TION.—Not later than 60 days after the date of en-
actment of the MAP–21, the Secretary, in consulta-
tion with the Secretary of Treasury, shall: 
‘‘(A) Estimate the balance of the Highway 
Trust Fund (other than the Mass Transit Ac-
count) at the end of fiscal years 2012 and 
2013. For purposes of which estimation, the 
Secretary shall assume that the obligation limi-
tation on Federal-aid highways and highway 
safety construction programs will be equal to 
the obligation limitations enacted for those fis-
cal years in the MAP–21. 
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‘‘(B) Determine if the estimated balance of 
the Highway Trust Fund (other than the Mass 
Transit Account) would fall below— 
‘‘(i) $2,000,000,000 at the end of fis-
cal year 2012; or 
‘‘(ii) $1,000,000,000 at the end of fis-
cal year 2013. 
‘‘(C) If either of the conditions in subpara-
graph (B) would occur, calculate the amount by 
which the fiscal year 2012 obligation limitation 
must be reduced to prevent such occurrence. 
For purposes of this calculation, the Secretary 
shall assume that the obligation limitation on 
Federal-aid highways and highway safety con-
struction programs for the fiscal year 2013 will 
be equal to the obligation limitation for fiscal 
year 2012, as reduced pursuant to this sub-
paragraph. 
‘‘(D) Adjust the distribution of the fiscal 
year 2012 obligation limitation to reflect any 
reduction determined under subparagraph (C). 
‘‘(2) LAPSE AND RESCISSION.— 
‘‘(A) LAPSE
OF
OBLIGATION
LIMITA-
TION.—Any obligation limitation that is with-
drawn by the Secretary pursuant to paragraph 
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(1)(D) shall lapse immediately following the ad-
justment of obligation limitation under such 
paragraph. 
‘‘(B) RESCISSION OF CONTRACT AUTHOR-
ITY.—Upon the lapse of any obligation limita-
tion under subparagraph (A), the Secretary 
shall reduce proportionately the amount author-
ized to be appropriated from the Highway 
Trust Fund (other than the Mass Transit Ac-
count) for fiscal year 2012 to carry out each of 
the Federal-aid highway and highway safety 
construction programs (other than emergency 
relief and funds under the national highway 
performance program that are exempt from the 
fiscal year 2012 obligation limitation) by an ag-
gregate amount equal to the amount of adjust-
ment determined pursuant to paragraph (1)(D). 
The amounts withdrawn pursuant to this sub-
paragraph are permanently rescinded. 
‘‘(b) SOLVENCY CALCULATION
FOR FISCAL YEAR 
2013 AND FISCAL YEARS THEREAFTER.— 
‘‘(1) ADJUSTMENT
OF
OBLIGATION
LIMITA-
TION.—Except as provided in paragraph (2), in dis-
tributing the obligation limitation on Federal-aid 
highways and highway safety construction programs 
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for fiscal year 2013 and each fiscal year thereafter, 
the Secretary shall— 
‘‘(A) estimate the balance of the Highway 
Trust Fund (other than the Mass Transit Ac-
count) at the end of such fiscal year and the 
end of the next fiscal year, for purposes of 
which estimation, the Secretary shall assume 
that the obligation limitation on Federal-aid 
highways and highway safety construction pro-
grams for the next fiscal year will be equal to 
the obligation limitation enacted for the fiscal 
year for which the limitation is being distrib-
uted; 
‘‘(B) determine whether the estimated bal-
ance of the Highway Trust Fund (other than 
the Mass Transit Account) would fall below 
$2,000,000,000 at the end of the fiscal year for 
which the obligation limitation is being distrib-
uted; 
‘‘(C) if the condition in subparagraph (B) 
would occur, calculate the amount by which the 
obligation limitation in the fiscal year for which 
the obligation limitation is being distributed 
must be reduced to prevent that occurrence; 
and 
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‘‘(D) distribute such obligation limitation 
less any amount determined under subpara-
graph (C). 
‘‘(2) LAPSE AND RESCISSION.— 
‘‘(A) OBLIGATION LIMITATION.— 
‘‘(i) RECALCULATION.—In a fiscal 
year in which the Secretary withholds obli-
gation limitation based on the calculation 
under paragraph (1), the Secretary shall, 
on March 1 of such fiscal year, repeat the 
calculations 
under 
subparagraphs 
(A) 
through (C) of such paragraph. Based on 
the results of those calculations, the Sec-
retary shall— 
‘‘(I) if the Secretary determines 
that either of the conditions in para-
graph (1)(B) would occur, withdraw 
an additional amount of obligation 
limitation necessary to prevent such 
occurrence; or 
‘‘(II) distribute as much of the 
withheld obligation limitation as may 
be distributed without causing either 
of the conditions specified in para-
graph (1)(B) to occur. 
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‘‘(ii) LAPSE.—Any obligation limita-
tion that is enacted for a fiscal year, with-
held from distribution pursuant to para-
graph (1)(D) (or withdrawn under clause 
(i)(I)), and not subsequently distributed 
under clause (i)(II) shall lapse immediately 
following the distribution of obligation lim-
itation under such clause. 
‘‘(B) CONTRACT AUTHORITY.— 
‘‘(i) IN GENERAL.—Upon the lapse of 
any obligation limitation under subpara-
graph (A)(ii), an equal amount of the un-
obligated balances of funds apportioned 
among the States under chapter 1 and sec-
tions 1116, 1303, and 1404 of the 
SAFETEA–LU (119 Stat. 1177, 1207, 
and 1228) are permanently rescinded. In 
administering the rescission required under 
this clause, the Secretary shall allow each 
State to determine the amount of the re-
quired rescission to be drawn from the pro-
grams to which the rescission applies, ex-
cept as provided in clause (ii). 
‘‘(ii) RESCISSION OF FUNDS APPOR-
TIONED IN FISCAL YEAR 2013 AND FISCAL 
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617 
YEARS
THEREAFTER.—If a State deter-
mines that it will meet any of its required 
rescission amount from funds apportioned 
to such State on or subsequent to October 
1, 2012, the Secretary shall determine the 
amount to be rescinded from each of the 
programs subject to the rescission for 
which the State was apportioned funds on 
or subsequent to October 1, 2012, in pro-
portion to the cumulative amount of appor-
tionments that the State received for each 
such program on or subsequent to October 
1, 2012. 
‘‘(3) OTHER
ACTIONS
TO
PREVENT
INSOL-
VENCY.—The Secretary shall issue a regulation to 
establish any actions in addition to those described 
in subsection (a) and paragraph (1) that may be 
taken by the Secretary if it becomes apparent that 
the Highway Trust Fund (other than the Mass 
Transit Account) will become insolvent, including 
the denial of further obligations. 
‘‘(4) APPLICABLE ONLY TO FULL-YEAR LIMITA-
TION.—The requirements of paragraph (1) apply 
only to the distribution of a full-year obligation limi-
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tation and do not apply to partial-year limitations 
under continuing appropriations Acts.’’. 
(b) TABLE OF CHAPTERS.—The table of chapters for 
title 23, United States Code, is amended by inserting after 
the item relating to chapter 6 the following: 
‘‘7. Highway Spending Controls ...............................................................
701’’. 
DIVISION B—PUBLIC 
TRANSPORTATION 
SEC. 20001. SHORT TITLE. 
This division may be cited as the ‘‘Federal Public 
Transportation Act of 2012’’. 
SEC. 20002. REPEALS. 
(a) CHAPTER 53.—Chapter 53 of title 49, United 
States Code, is amended by striking sections 5316, 5317, 
5321, 5324, 5328, and 5339. 
(b) TRANSPORTATION EQUITY ACT FOR THE 21ST 
CENTURY.—Section 3038 of the Transportation Equity 
Act for the 21st Century (49 U.S.C. 5310 note) is re-
pealed. 
(c) SAFETEA–LU.—The following provisions are 
repealed: 
(1) Section 3009(i) of SAFETEA–LU (Public 
Law 109–59; 119 Stat. 1572). 
(2) Section 3011(c) of SAFETEA–LU (49 
U.S.C. 5309 note). 
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(3) Section 3012(b) of SAFETEA–LU (49 
U.S.C. 5310 note). 
(4) Section 3045 of SAFETEA–LU (49 U.S.C. 
5308 note). 
(5) Section 3046 of SAFETEA–LU (49 U.S.C. 
5338 note). 
SEC. 20003. POLICIES, PURPOSES, AND GOALS. 
Section 5301 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 5301. Policies, purposes, and goals 
‘‘(a) DECLARATION OF POLICY.—It is in the interest 
of the United States, including the economic interest of 
the United States, to foster the development and revital-
ization of public transportation systems. 
‘‘(b) GENERAL PURPOSES.—The purposes of this 
chapter are to— 
‘‘(1) provide funding to support public trans-
portation; 
‘‘(2) improve the development and delivery of 
capital projects; 
‘‘(3) initiate a new framework for improving the 
safety of public transportation systems; 
‘‘(4) establish standards for the state of good 
repair of public transportation infrastructure and ve-
hicles; 
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‘‘(5) promote continuing, cooperative, and com-
prehensive planning that improves the performance 
of the transportation network; 
‘‘(6) establish a technical assistance program to 
assist recipients under this chapter to more effec-
tively and efficiently provide public transportation 
service; 
‘‘(7) continue Federal support for public trans-
portation providers to deliver high quality service to 
all users, including individuals with disabilities, sen-
iors, and individuals who depend on public transpor-
tation; 
‘‘(8) support research, development, demonstra-
tion, and deployment projects dedicated to assisting 
in the delivery of efficient and effective public trans-
portation service; and 
‘‘(9) promote the development of the public 
transportation workforce. 
‘‘(c) NATIONAL GOALS.—The goals of this chapter 
are to— 
‘‘(1) increase the availability and accessibility of 
public transportation across a balanced, multimodal 
transportation network; 
‘‘(2) promote the environmental benefits of pub-
lic transportation, including reduced reliance on fos-
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sil fuels, fewer harmful emissions, and lower public 
health expenditures; 
‘‘(3) improve the safety of public transportation 
systems; 
‘‘(4) achieve and maintain a state of good re-
pair of public transportation infrastructure and vehi-
cles; 
‘‘(5) provide an efficient and reliable alternative 
to congested roadways; 
‘‘(6) increase the affordability of transportation 
for all users; and 
‘‘(7) maximize economic development opportuni-
ties by— 
‘‘(A) connecting workers to jobs; 
‘‘(B) encouraging mixed-use, transit-ori-
ented development; and 
‘‘(C) leveraging private investment and 
joint development.’’. 
SEC. 20004. DEFINITIONS. 
Section 5302 of title 49, United States Code, is 
amended to read as follows: 
‘‘§ 5302. Definitions 
‘‘Except as otherwise specifically provided, in this 
chapter the following definitions apply: 
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‘‘(1) ASSOCIATED
TRANSIT
IMPROVEMENT.— 
The term ‘associated transit improvement’ means, 
with respect to any project or an area to be served 
by a project, projects that are designed to enhance 
public transportation service or use and that are 
physically or functionally related to transit facilities. 
Eligible projects are— 
‘‘(A) historic preservation, rehabilitation, 
and operation of historic public transportation 
buildings, structures, and facilities (including 
historic bus and railroad facilities) intended for 
use in public transportation service; 
‘‘(B) bus shelters; 
‘‘(C) landscaping and streetscaping, includ-
ing benches, trash receptacles, and street lights; 
‘‘(D) pedestrian access and walkways; 
‘‘(E) bicycle access, including bicycle stor-
age facilities and installing equipment for trans-
porting bicycles on public transportation vehi-
cles; 
‘‘(F) signage; or 
‘‘(G) enhanced access for persons with dis-
abilities to public transportation. 
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‘‘(2) BUS RAPID TRANSIT SYSTEM.—The term 
‘bus rapid transit system’ means a bus transit sys-
tem— 
‘‘(A) in which the majority of each line op-
erates in a separated right-of-way dedicated for 
public transportation use during peak periods; 
and 
‘‘(B) 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; 
‘‘(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) CAPITAL
PROJECT.—The term ‘capital 
project’ means a project for— 
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‘‘(A) acquiring, constructing, supervising, 
or inspecting equipment or a facility for use in 
public transportation, expenses incidental to the 
acquisition or construction (including designing, 
engineering, location surveying, mapping, and 
acquiring rights-of-way), payments for the cap-
ital portions of rail trackage rights agreements, 
transit-related intelligent transportation sys-
tems, relocation assistance, acquiring replace-
ment housing sites, and acquiring, constructing, 
relocating, and rehabilitating replacement hous-
ing; 
‘‘(B) rehabilitating a bus; 
‘‘(C) remanufacturing a bus; 
‘‘(D) overhauling rail rolling stock; 
‘‘(E) preventive maintenance; 
‘‘(F) leasing equipment or a facility for use 
in public transportation, subject to regulations 
that the Secretary prescribes limiting the leas-
ing arrangements to those that are more cost- 
effective than purchase or construction; 
‘‘(G) a joint development improvement 
that— 
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‘‘(i) enhances economic development 
or incorporates private investment, such as 
commercial and residential development; 
‘‘(ii)(I) enhances the effectiveness of 
public transportation and is related phys-
ically or functionally to public transpor-
tation; or 
‘‘(II) establishes new or enhanced co-
ordination between public transportation 
and other transportation; 
‘‘(iii) provides a fair share of revenue 
that will be used for public transportation; 
‘‘(iv) provides that a person making 
an agreement to occupy space in a facility 
constructed under this paragraph shall pay 
a fair share of the costs of the facility 
through rental payments and other means; 
‘‘(v) may include— 
‘‘(I) property acquisition; 
‘‘(II) demolition of existing struc-
tures; 
‘‘(III) site preparation; 
‘‘(IV) utilities; 
‘‘(V) building foundations; 
‘‘(VI) walkways; 
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‘‘(VII) pedestrian and bicycle ac-
cess to a public transportation facility; 
‘‘(VIII) construction, renovation, 
and improvement of intercity bus and 
intercity rail stations and terminals; 
‘‘(IX) renovation and improve-
ment of historic transportation facili-
ties; 
‘‘(X) open space; 
‘‘(XI) safety and security equip-
ment and facilities (including lighting, 
surveillance, and related intelligent 
transportation system applications); 
‘‘(XII) facilities that incorporate 
community services such as daycare 
or health care; 
‘‘(XIII) a capital project for, and 
improving, equipment or a facility for 
an intermodal transfer facility or 
transportation mall; and 
‘‘(XIV) construction of space for 
commercial uses; and 
‘‘(vi) does not include outfitting of 
commercial space (other than an intercity 
bus or rail station or terminal) or a part 
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of a public facility not related to public 
transportation; 
‘‘(H) the introduction of new technology, 
through innovative and improved products, into 
public transportation; 
‘‘(I) the provision of nonfixed route para-
transit transportation services in accordance 
with section 223 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12143), but only 
for grant recipients that are in compliance with 
applicable requirements of that Act, including 
both fixed route and demand responsive service, 
and only for amounts not to exceed 10 percent 
of such recipient’s annual formula apportion-
ment under sections 5307 and 5311; 
‘‘(J) establishing a debt service reserve, 
made up of deposits with a bondholder’s trust-
ee, to ensure the timely payment of principal 
and interest on bonds issued by a grant recipi-
ent to finance an eligible project under this 
chapter; 
‘‘(K) mobility management— 
‘‘(i) consisting of short-range planning 
and management activities and projects for 
improving 
coordination 
among 
public 
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‘‘(A) an entity designated, in accordance 
with the planning process under sections 5303 
and 5304, by the Governor of a State, respon-
sible local officials, and publicly owned opera-
tors of public transportation, to receive and ap-
portion amounts under section 5336 to urban-
ized areas of 200,000 or more in population; or 
‘‘(B) a State or regional authority, if the 
authority is responsible under the laws of a 
State for a capital project and for financing 
and directly providing public transportation. 
‘‘(5) DISABILITY.—The term ‘disability’ has the 
same meaning as in section 3(1) of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 12102). 
‘‘(6) EMERGENCY
REGULATION.—The term 
‘emergency regulation’ means a regulation— 
‘‘(A) that is effective temporarily before 
the expiration of the otherwise specified periods 
of time for public notice and comment under 
section 5334(c); and 
‘‘(B) prescribed by the Secretary as the re-
sult of a finding that a delay in the effective 
date of the regulation— 
‘‘(i) would injure seriously an impor-
tant public interest; 
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‘‘(ii) would frustrate substantially leg-
islative policy and intent; or 
‘‘(iii) would damage seriously a person 
or class without serving an important pub-
lic interest. 
‘‘(7) FIXED
GUIDEWAY.—The term ‘fixed 
guideway’ means a public transportation facility— 
‘‘(A) using and occupying a separate right- 
of-way for the exclusive use of public transpor-
tation; 
‘‘(B) using rail; 
‘‘(C) using a fixed catenary system; 
‘‘(D) for a passenger ferry system; or 
‘‘(E) for a bus rapid transit system. 
‘‘(8) GOVERNOR.—The term ‘Governor’— 
‘‘(A) means the Governor of a State, the 
mayor of the District of Columbia, and the 
chief executive officer of a territory of the 
United States; and 
‘‘(B) includes the designee of the Gov-
ernor. 
‘‘(9) LOCAL GOVERNMENTAL AUTHORITY.—The 
term ‘local governmental authority’ includes— 
‘‘(A) a political subdivision of a State; 
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‘‘(B) an authority of at least 1 State or po-
litical subdivision of a State; 
‘‘(C) an Indian tribe; and 
‘‘(D) a public corporation, board, or com-
mission established under the laws of a State. 
‘‘(10) LOW-INCOME
INDIVIDUAL.—The term 
‘low-income individual’ means an individual whose 
family income is at or below 150 percent of the pov-
erty line, as that term is defined in section 673(2) 
of the Community Services Block Grant Act (42 
U.S.C. 9902(2)), including any revision required by 
that section, for a family of the size involved. 
‘‘(11) NET
PROJECT
COST.—The term ‘net 
project cost’ means the part of a project that reason-
ably cannot be financed from revenues. 
‘‘(12) NEW BUS MODEL.—The term ‘new bus 
model’ means a bus model (including a model using 
alternative fuel)— 
‘‘(A) that has not been used in public 
transportation in the United States before the 
date of production of the model; or 
‘‘(B) used in public transportation in the 
United States, but being produced with a major 
change in configuration or components. 
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‘‘(13) PUBLIC
TRANSPORTATION.—The term 
‘public transportation’— 
‘‘(A) means regular, continuing shared-ride 
surface transportation services that are open to 
the general public or open to a segment of the 
general public defined by age, disability, or low 
income; and 
‘‘(B) does not include— 
‘‘(i) intercity passenger rail transpor-
tation provided by the entity described in 
chapter 243 (or a successor to such enti-
ty); 
‘‘(ii) intercity bus service; 
‘‘(iii) charter bus service; 
‘‘(iv) school bus service; 
‘‘(v) sightseeing service; 
‘‘(vi) courtesy shuttle service for pa-
trons of one or more specific establish-
ments; or 
‘‘(vii) intra-terminal or intra-facility 
shuttle services. 
‘‘(14) REGULATION.—The term ‘regulation’ 
means any part of a statement of general or par-
ticular applicability of the Secretary designed to 
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carry out, interpret, or prescribe law or policy in 
carrying out this chapter. 
‘‘(15) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Transportation. 
‘‘(16) SENIOR.—The term ‘senior’ means an in-
dividual who is 65 years of age or older. 
‘‘(17) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, Puer-
to Rico, the Northern Mariana Islands, Guam, 
American Samoa, and the Virgin Islands. 
‘‘(18) STATE
OF
GOOD
REPAIR.—The term 
‘state of good repair’ has the meaning given that 
term by the Secretary, by rule, under section 
5326(b). 
‘‘(19) TRANSIT.—The term ‘transit’ means 
public transportation. 
‘‘(20) URBAN
AREA.—The term ‘urban area’ 
means an area that includes a municipality or other 
built-up place that the Secretary, after considering 
local patterns and trends of urban growth, decides 
is appropriate for a local public transportation sys-
tem to serve individuals in the locality. 
‘‘(21) URBANIZED AREA.—The term ‘urbanized 
area’ means an area encompassing a population of 
not less than 50,000 people that has been defined 
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and designated in the most recent decennial census 
as an ‘urbanized area’ by the Secretary of Com-
merce.’’. 
SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING. 
(a) IN GENERAL.—Section 5303 of title 49, United 
States Code, is amended to read as follows: 
‘‘§ 5303. Metropolitan transportation planning 
‘‘(a) POLICY.—It is in the national interest— 
‘‘(1) to encourage and promote the safe, cost- 
effective, and efficient management, operation, and 
development of surface transportation systems that 
will serve efficiently the mobility needs of individuals 
and freight, reduce transportation-related fatalities 
and serious injuries, and foster economic growth and 
development within and between States and urban-
ized areas, while fitting the needs and complexity of 
individual communities, maximizing value for tax-
payers, leveraging cooperative investments, and 
minimizing transportation-related fuel consumption 
and air pollution through the metropolitan and 
statewide transportation planning processes identi-
fied in this chapter; 
‘‘(2) to encourage the continued improvement, 
evolution, and coordination of the metropolitan and 
statewide transportation planning processes by and 
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among metropolitan planning organizations, State 
departments of transportation, regional planning or-
ganizations, interstate partnerships, and public 
transportation and intercity service operators as 
guided by the planning factors identified in sub-
section (h) of this section and section 5304(d); 
‘‘(3) to encourage and promote transportation 
needs and decisions that are integrated with other 
planning needs and priorities; and 
‘‘(4) to maximize the effectiveness of transpor-
tation investments. 
‘‘(b) DEFINITIONS.—In this section and section 
5304, the following definitions shall apply: 
‘‘(1) EXISTING MPO.—The term ‘existing MPO’ 
means a metropolitan planning organization that 
was designated as a metropolitan planning organiza-
tion on the day before the date of enactment of the 
Federal Public Transportation Act of 2012. 
‘‘(2) LOCAL OFFICIAL.—The term ‘local official’ 
means any elected or appointed official of general 
purpose local government with responsibility for 
transportation in a designated area. 
‘‘(3) MAINTENANCE AREA.—The term ‘mainte-
nance area’ means an area that was designated as 
an air quality nonattainment area, but was later re-
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designated by the Administrator of the Environ-
mental Protection Agency as an air quality attain-
ment area, under section 107(d) of the Clean Air 
Act (42 U.S.C. 7407(d)). 
‘‘(4) METROPOLITAN
PLANNING
AREA.—The 
term ‘metropolitan planning area’ means a geo-
graphical area determined by agreement between the 
metropolitan planning organization for the area and 
the applicable Governor under subsection (c). 
‘‘(5) METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ means the policy board of an organization es-
tablished pursuant to subsection (c). 
‘‘(6) 
METROPOLITAN
TRANSPORTATION 
PLAN.—The term ‘metropolitan transportation plan’ 
means a plan developed by a metropolitan planning 
organization under subsection (i). 
‘‘(7) NONATTAINMENT AREA.—The term ‘non-
attainment area’ has the meaning given the term in 
section 171 of the Clean Air Act (42 U.S.C. 7501). 
‘‘(8) NONMETROPOLITAN AREA.— 
‘‘(A) IN GENERAL.—The term ‘nonmetro-
politan area’ means a geographical area outside 
the boundaries of a designated metropolitan 
planning area. 
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‘‘(B) INCLUSIONS.—The term ‘nonmetro-
politan area’ includes— 
‘‘(i) a small urbanized area with a 
population of more than 50,000, but fewer 
than 200,000 individuals, as calculated ac-
cording to the most recent decennial cen-
sus; and 
‘‘(ii) a nonurbanized area. 
‘‘(9) NONMETROPOLITAN PLANNING ORGANIZA-
TION.—The term ‘nonmetropolitan planning organi-
zation’ means an organization that— 
‘‘(A) was designated as a metropolitan 
planning organization as of the day before the 
date of enactment of the Federal Public Trans-
portation Act of 2012; and 
‘‘(B) is not designated as a tier I MPO or 
tier II MPO. 
‘‘(10) REGIONALLY
SIGNIFICANT.—The term 
‘regionally significant’, with respect to a transpor-
tation project, program, service, or strategy, means 
a project, program, service, or strategy that— 
‘‘(A) serves regional transportation needs 
(such as access to and from the area outside of 
the region, major activity centers in the region, 
and major planned developments); and 
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‘‘(B) would normally be included in the 
modeling of a transportation network of a met-
ropolitan area. 
‘‘(11) RURAL PLANNING ORGANIZATION.—The 
term ‘rural planning organization’ means an organi-
zation that— 
‘‘(A) is responsible for the planning, co-
ordination, and implementation of statewide 
transportation plans and programs outside of 
metropolitan areas, with an emphasis on ad-
dressing the needs of rural areas of a State; 
‘‘(B) is not designated as a tier I MPO, a 
tier II MPO, or a nonmetropolitan planning or-
ganization. 
‘‘(12) STATEWIDE TRANSPORTATION IMPROVE-
MENT
PROGRAM.—The term ‘statewide transpor-
tation improvement program’ means a statewide 
transportation improvement program developed by a 
State under section 5304(g). 
‘‘(13) STATEWIDE
TRANSPORTATION
PLAN.— 
The term ‘statewide transportation plan’ means a 
plan developed by a State under section 5304(f). 
‘‘(14) TIER I MPO.—The term ‘tier I MPO’ 
means a metropolitan planning organization des-
ignated as a tier I MPO under subsection (e)(4)(A). 
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‘‘(15) TIER II MPO.—The term ‘tier II MPO’ 
means a metropolitan planning organization des-
ignated as a tier II MPO under subsection 
(e)(4)(B). 
‘‘(16) TRANSPORTATION
IMPROVEMENT
PRO-
GRAM.—The term ‘transportation improvement pro-
gram’ means a program developed by a metropolitan 
planning organization under subsection (j). 
‘‘(17) URBANIZED AREA.—The term ‘urbanized 
area’ means a geographical area with a population 
of 50,000 or more individuals, as calculated accord-
ing to the most recent decennial census. 
‘‘(c) DESIGNATION
OF METROPOLITAN PLANNING 
ORGANIZATIONS.— 
‘‘(1) IN GENERAL.—To carry out the metropoli-
tan transportation planning process under this sec-
tion, a metropolitan planning organization shall be 
designated for each urbanized area with a population 
of 200,000 or more 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-
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‘‘(I) as certified by the Governor 
of each applicable State, the metro-
politan planning organization operates 
within, and primarily serves, a metro-
politan planning area with a popu-
lation of 1,000,000 or more individ-
uals, as calculated according to the 
most recent decennial census; and 
‘‘(II) the Secretary determines 
the metropolitan planning organiza-
tion— 
‘‘(aa) meets the minimum 
technical 
requirements 
under 
clause (iv); and 
‘‘(bb) not later than 2 years 
after the date of enactment of 
the Federal Public Transpor-
tation Act of 2012, will fully im-
plement the processes described 
in subsections (h) though (j). 
‘‘(ii) ABSENCE OF DESIGNATION.—In 
the absence of designation as a tier I MPO 
under clause (i), a metropolitan planning 
organization shall operate as a tier II 
MPO until the date on which the Secretary 
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United States, as shown by the most re-
cent decennial census of population. 
‘‘(iii) VEHICLE
REVENUE
MILES.— 
Subject to clause (v), each State shall re-
ceive an amount that is equal to 29.68 per-
cent of the amount apportioned under 
clause (i), multiplied by the ratio of vehicle 
revenue miles in areas other than urban-
ized areas in that State and divided by the 
vehicle revenue miles in all areas other 
than urbanized areas in the United States, 
as determined by national transit database 
reporting. 
‘‘(iv) LOW-INCOME
INDIVIDUALS.— 
Each State shall receive an amount that is 
equal to 40.64 percent of the amount ap-
portioned under clause (i), multiplied by 
the ratio of low-income individuals in areas 
other than urbanized areas in that State 
and divided by the number of low-income 
individuals in all areas other than urban-
ized areas in the United States, as shown 
by the Bureau of the Census. 
‘‘(v) MAXIMUM APPORTIONMENT.—No 
State shall receive— 
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