To amend chapter 53 of title 49, United States Code, to improve the Nation's public transportation and for other purposes.

April 26, 2005

Mr. SHELBY, from the Committee on Banking, Housing, and Urban Affairs, reported the following original bill; which was read twice and placed on the calendar

To amend chapter 53 of title 49, United States Code, to improve the Nation's public transportation and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Federal Public Transportation Act of 2005'.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE; UPDATED TERMINOLOGY.

(a) AMENDMENTS TO TITLE 49- Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 49, United States Code.

(b) UPDATED TERMINOLOGY- Except for sections 5301(f), 5302(a)(7), and 5315, chapter 53, including the chapter analysis, is amended by striking `mass transportation' each place it appears and inserting `public transportation'.

SEC. 3. POLICIES, FINDINGS, AND PURPOSES.

(a) DEVELOPMENT AND REVITALIZATION OF PUBLIC TRANSPORTATION SYSTEMS- Section 5301(a) is amended to read as follows:

`(a) DEVELOPMENT AND REVITALIZATION OF PUBLIC TRANSPORTATION SYSTEMS- It is in the economic interest of the United States to foster the development and revitalization of public transportation systems, which are coordinated with other modes of transportation, that maximize the efficient, secure, and safe mobility of individuals and minimize environmental impacts.'.

(b) GENERAL FINDINGS- Section 5301(b)(1) is amended--

(1) by striking `70 percent' and inserting `two-thirds'; and

(2) by striking `urban areas' and inserting `urbanized areas'.

(c) PRESERVING THE ENVIRONMENT- Section 5301(e) is amended--

(1) by striking `an urban' and inserting `a'; and

(2) by striking `under sections 5309 and 5310 of this title'.

(d) GENERAL PURPOSES- Section 5301(f) is amended--

(1) in paragraph (1)--

(A) by striking `improved mass' and inserting `improved public'; and

(B) by striking `public and private mass transportation companies' and inserting `public transportation companies and private companies engaged in public transportation';

(2) in paragraph (2)--

(A) by striking `urban mass' and inserting `public'; and

(B) by striking `public and private mass transportation companies' and inserting `public transportation companies and private companies engaged in public transportation';

(3) in paragraph (3)--

(A) by striking `urban mass' and inserting `public'; and

(B) by striking `public or private mass transportation companies' and inserting `public transportation companies or private companies engaged in public transportation'; and

(4) in paragraph (5), by striking `urban mass' and inserting `public'.

SEC. 4. DEFINITIONS.

Section 5302(a) is amended--

(1) in paragraph (1)--

(A) in subparagraph (G)(i), by inserting `including the intercity bus and intercity rail portions of such facility or mall,' after `transportation mall,';

(B) in subparagraph (G)(ii), by inserting `, except for the intercity bus portion of intermodal facilities or malls,' after `commercial revenue-producing facility';

(C) in subparagraph (H)--

(i) by striking `and' after `innovative' and inserting `or'; and

(ii) by striking `or' after the semicolon at the end;

(D) in subparagraph (I), by striking the period at the end and inserting a semicolon; and

(E) by adding at the end the following:

`(J) crime prevention and security, including--

`(i) projects to refine and develop security and emergency response plans; or

`(ii) projects to detect chemical or biological agents in public transportation;

`(K) conducting emergency response drills with public transportation agencies and local first response agencies or security training for public transportation employees, except for expenses relating to operations; or

`(L) establishing a debt service reserve, made up of deposits with a bondholder's trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter.';

(2) by redesignating paragraphs (8) through (17) as paragraphs (9) through (18), respectively;

(3) by striking paragraph (7) and inserting the following:

`(7) MASS TRANSPORTATION- The term `mass transportation' means public transportation.

`(8) MOBILITY MANAGEMENT- The term `mobility management' means a short-range planning or management activity or project that does not include operating public transportation services and--

`(A) improves coordination among public transportation providers, including private companies engaged in public transportation;

`(B) addresses customer needs by tailoring public transportation services to specific market niches; or

`(C) manages public transportation demand.';

(4) by amending paragraph (11), as redesignated, to read as follows:

`(11) PUBLIC TRANSPORTATION- The term `public transportation' means transportation by a conveyance that provides local regular and continuing general or special transportation to the public, but does not include school bus, charter bus, intercity bus or passenger rail, or sightseeing transportation.';

(5) in subparagraphs (A) and (E) of paragraph (16), as redesignated, by striking `and' each place it appears and inserting `or'; and

(6) by amending paragraph (18), as redesignated, to read as follows:

`(18) URBANIZED AREA- The term `urbanized area' means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an `urbanized area' by the Secretary of Commerce.'.

SEC. 5. METROPOLITAN TRANSPORTATION PLANNING.

Section 5303 is amended to read as follows:

`Sec. 5303. Metropolitan transportation planning

`(a) DEFINITIONS- As used in this section and in section 5304, the following definitions shall apply:

`(1) CONSULTATION- A `consultation' occurs when 1 party--

`(A) confers with another identified party in accordance with an established process;

`(B) prior to taking action, considers the views of the other identified party; and

`(C) periodically informs that party about action taken.

`(2) METROPOLITAN PLANNING AREA- The term `metropolitan planning area' means the geographic area determined by agreement between the metropolitan planning organization and the Governor under subsection (d).

`(3) METROPOLITAN PLANNING ORGANIZATION- The term `metropolitan planning organization' means the Policy Board of the organization designated under subsection (c).

`(4) NONMETROPOLITAN AREA- The term `nonmetropolitan area' means any geographic area outside all designated metropolitan planning areas.

`(5) NONMETROPOLITAN LOCAL OFFICIAL- The term `nonmetropolitan local official' means any elected or appointed official of general purpose local government located in a nonmetropolitan area who is responsible for transportation services for such local government.

`(b) GENERAL REQUIREMENTS-

`(1) DEVELOPMENT OF PLANS AND PROGRAMS- To accomplish the objectives described in section 5301(a), each metropolitan planning organization, in cooperation with the State and public transportation operators, shall develop transportation plans and programs for metropolitan planning areas of the State in which it is located.

`(2) CONTENTS- The plans and programs developed under paragraph (1) for each metropolitan planning area shall provide for the development and integrated management and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States.

`(3) PROCESS OF DEVELOPMENT- The process for developing the plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.

`(4) PLANNING AND PROJECT DEVELOPMENT- The metropolitan planning organization, the State Department of Transportation, and the appropriate public transportation provider shall agree upon the approaches that will be used to evaluate alternatives and identify transportation improvements that address the most complex problems and pressing transportation needs in the metropolitan area.

`(c) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS-

`(1) IN GENERAL- To carry out the transportation planning process under this section, a metropolitan planning organization shall be designated for each urbanized area--

`(A) by agreement between the Governor and units of general purpose local government that combined represent not less than 75 percent of the affected population (including the incorporated city or cities named by the Bureau of the Census in designating the urbanized area); or

`(B) in accordance with procedures established by applicable State or local law.

`(2) STRUCTURE- Each metropolitan planning organization designated under paragraph (1) that serves an area identified as a transportation management area shall consist of--

`(A) local elected officials;

`(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and

`(C) appropriate State officials.

`(3) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities--

`(A) to develop plans and programs for adoption by a metropolitan planning organization; and

`(B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.

`(4) CONTINUING DESIGNATION- The designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).

`(5) REDESIGNATION PROCEDURES- A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that combined represent not less than 75 percent of the existing planning area population (including the incorporated city or cities named by the Bureau of the Census in designating the urbanized area) as appropriate to carry out this section.

`(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING ORGANIZATION- More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate.

`(d) METROPOLITAN PLANNING AREA BOUNDARIES-

`(1) IN GENERAL- For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor.

`(2) INCLUDED AREA- Each metropolitan planning area--

`(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and

`(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Office of Management and Budget.

`(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN EXISTING PLANNING AREA BOUNDARIES- The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization.

`(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT- Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the boundaries of the metropolitan planning area in existence as of the date of enactment of the Federal Public Transportation Act of 2005 shall be retained, except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in accordance with paragraph (5).

`(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT- If an urbanized area is designated after the date of enactment of this paragraph in a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area--

`(A) shall be established in accordance with subsection (c)(1);

`(B) shall encompass the areas described in paragraph (2)(A);

`(C) may encompass the areas described in paragraph (2)(B); and

`(D) may address any nonattainment identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.

`(e) COORDINATION IN MULTISTATE AREAS-

`(1) IN GENERAL- 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 metropolitan area.

`(2) INTERSTATE COMPACTS- States are authorized--

`(A) to enter into agreements or compacts with other States, which agreements or compacts are not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and

`(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.

`(3) LAKE TAHOE REGION-

`(A) DEFINITION- In this paragraph, the term `Lake Tahoe region' has the meaning given the term `region' in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96-551 (94 Stat. 3234).

`(B) TRANSPORTATION PLANNING PROCESS- The Secretary shall--

`(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and

`(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 5304.

`(C) INTERSTATE COMPACT-

`(i) IN GENERAL- Subject to clause (ii) and notwithstanding subsection (c), to carry out the transportation planning process required by this section, California and Nevada may designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governor of the State of California, the Governor of the State of Nevada, and units of general purpose local government that combined represent not less than 75 percent of the affected population (including the incorporated city or cities named by the Bureau of the Census in designating the urbanized area), or in accordance with procedures established by applicable State or local law.

`(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT AGENCIES-

`(I) REPRESENTATION- The policy board of a metropolitan planning organization designated under clause (i) shall include a representative of each Federal land management agency that has jurisdiction over land in the Lake Tahoe region.

`(II) FUNDING- In addition to funds made available to the metropolitan planning organization under other provisions of title 23 and this chapter, not more than 1 percent of the funds allocated under section 202 of title 23 may be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.

`(D) ACTIVITIES- Highway projects included in transportation plans developed under this paragraph--

`(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and

`(ii) may, in accordance with chapter 2 of title 23, be funded using funds allocated under section 202 of title 23.

`(f) COORDINATION OF METROPOLITAN PLANNING ORGANIZATIONS-

`(1) NONATTAINMENT AREAS- If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans required by this section.