Sec. 1305. Metro performance program
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The Secretary of Transportation shall provide funding to metropolitan planning organizations in accordance with this section to enhance local decision making and control in delivering projects to address local transportation needs. The Secretary shall designate high-performing metropolitan planning organizations based on the criteria in paragraph
(3)to be direct recipients of funds under this section. A direct recipient shall assume, with respect to the amounts made available under this section, any responsibility for the oversight of Federal funds vested in a State department of transportation under chapter 1 of title 23, United States Code. In designating an applicant under this subsection, the Secretary shall consider— the legal, financial, and technical capacity of the applicant; the level of coordination between the applicant and— the State department of transportation of the State or States in which the metropolitan planning area represented by the applicant is located; local governments and providers of public transportation within the metropolitan planning area represented by the applicant; and if more than 1 metropolitan planning organization is designated within an urbanized area represented by the applicant, any other such metropolitan planning organization; in the case of an applicant that represents an urbanized area population of greater than 200,000, the effectiveness of project delivery and timely obligation of funds made available under section 133(d)(1)(A)(i) of title 23, United States Code; if the applicant or a local government within the metropolitan planning area that the applicant represents has been the recipient of a discretionary grant from the Secretary within the preceding 5 years, the administration of such grant; the extent to which the planning and decision making process of the applicant, including the long-range transportation plan and the approved transportation improvement program under section 134 of such title, support— the performance goals established under section 150(b) of such title; and the achievement of metropolitan or statewide performance targets established under section 150(c) of such title; and any other criteria established by the Secretary. Not later than April 1, 2022, the Secretary shall publish in the Federal Register a notice soliciting applications for designation under this subsection. The notification under paragraph
(1)shall include guidance on the requirements and responsibilities of a direct recipient under this section. The Secretary shall make all designations under this section for fiscal year 2023 not later than June 1, 2022. Except as provided in paragraph (6), a designation under this subsection shall— be for a period of not less than 5 years; and be renewable. The Secretary shall establish procedures for the termination of a designation under this subsection. In establishing procedures under subparagraph (A), the Secretary shall consider— with respect to projects carried out under this section, compliance with the requirements of title 23, United States Code, or chapter 53 of title 49, United States Code; and the obligation rate of any funds— made available under this section; and in the case of a metropolitan planning organization that represents a metropolitan planning area with an urbanized area population of greater than 200,000, made available under section 133(d)(1)(A) of title 23, United States Code. Funds made available under this section may be obligated for the purposes described in section 133(b) of title 23, United States Code. Of the amounts made available under this section, the Secretary may set aside not more than $5,000,000 for program management, oversight, and technical assistance to direct recipients. Notwithstanding title 23, United States Code, the amounts made available under this section shall be allocated to each direct recipient for obligation. At the request of the direct recipient, the State may collaborate with a project sponsor to ensure delivery of the project and compliance with all applicable Federal requirements. Amounts made available under this section may be used to compensate the State for costs incurred in providing technical assistance under this paragraph. Subject to subparagraph (B), on the first day of the fiscal year for which funds are made available under this section, the Secretary shall allocate such funds to each direct recipient as the proportion of the population (as determined by data collected by the Bureau of the Census) of the urbanized area represented by any 1 direct recipient bears to the total population of all of urbanized areas represented by all direct recipients. Each direct recipient shall receive not less than $10,000,000 and not more than $50,000,000 each fiscal year. In making a determination whether to designate a metropolitan planning organization as a direct recipient under subsection (b), the Secretary shall ensure that each direct recipient receives the minimum required allocation under subparagraph (B). If any amounts remain unallocated after the distribution described in this subsection, such remaining amounts and an associated amount of obligation limitation shall be made available for the purposes described in clauses
(i)and
(ii)of section 133(d)(1)(A) of title 23, United States Code, and distributed among the States in proportion to the relative shares of the population (as determined by data collected by the Bureau of the Census) of the urbanized areas of each State bears to the total population of all urbanized areas across all States. For projects carried out with funds provided under this section, the direct recipient may assume the responsibilities of the Secretary under title 23, United States Code, for design, plans, specifications, estimates, contract awards, and inspections with respect to the projects unless the Secretary determines that the assumption is not appropriate. The Secretary and the direct recipient shall enter into an agreement relating to the extent to which the direct recipient assumes the responsibilities of the Secretary under this paragraph. The Secretary shall retain responsibilities described in subparagraph
(A)for any project that the Secretary determines to be in a high-risk category, including projects on the National Highway System. Except as otherwise provided in this section, programming and expenditure of funds for projects under this section shall be consistent with the requirements of section 134 of title 23, United States Code. Notwithstanding subsections (j)(5) and (k)(4) of section 134 of such title, a direct recipient shall select, from the approved transportation improvement program under section 134 of such title, all projects described under this section, including projects on the National Highway System. The project selection process described in this subsection shall apply to all federally funded projects within the boundaries of a metropolitan planning area served by a direct recipient that are carried out under this section. In selecting a project under this subsection, the metropolitan planning organization shall consult with— in the case of a highway project, the State and locality in which such project is located; and in the case of a transit project, any affected public transportation operator. Nothing in this section shall be construed to limit the ability of a direct recipient to partner with a State department of transportation or other recipient of Federal funds under title 23, United States Code, or chapter 53 of title 49, United States Code, to carry out a project. Except as provided in this section, funds made available to carry out this section shall be treated as funds apportioned under title 23, United States Code. Notwithstanding any other provision of law, any project using funds provided under this section shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. The Federal share of the cost of a project carried out under this section shall be determined in accordance with section 120 of title 23, United States Code. Not later than 60 days after the end of each fiscal year, each direct recipient shall submit to the Secretary a report that includes— a list of projects funded with amounts provided under this section; a description of any obstacles to complete projects or timely obligation of funds; and recommendations to improve the effectiveness of the program under this section. Not later than October 1, 2024, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— summarizes the findings of each direct recipient provided under paragraph (1); describes the efforts undertaken by both direct recipients and the Secretary to ensure compliance with the requirements of title 23 and chapter 53 of title 49, United States Code; analyzes the capacity of direct recipients to receive direct allocations of funds under chapter 1 of title 23, United States Code; and provides recommendations from the Secretary to— improve the administration, oversight, and performance of the program established under this section; improve the effectiveness of direct recipients to complete projects and obligate funds in a timely manner; and evaluate options to expand the authority provided under this section, including to allow for the direct allocation to metropolitan planning organizations of funds made available to carry out clause
(i)or
(ii)of section 133(d)(1)(A) of title 23, United States Code. Not less frequently than every 2 years, the Secretary shall update the report described in paragraph (2). In this section, the term direct recipient means a metropolitan planning organization designated by the Secretary as high-performing under subsection
(b)and that was directly allocated funds as described in subsection (d). The term metropolitan planning area has the meaning given such term in section 134 of title 23, United States Code. The term metropolitan planning organization has the meaning given such term in section 134 of title 23, United States Code. The term National Highway System has the meaning given such term in section 101 of title 23, United States Code. The term State has the meaning given such term in section 101 of title 23, United States Code. The term urbanized area has the meaning given such term in section 134 of title 23, United States Code.