Title 49, TransportationRelease 119-110

§5306 Private Enterprise Participation in Metropolitan Planning and Transportation Improvement Programs and Relationship to Other Limitations

Title 49 › SUBTITLE III — GENERAL AND INTERMODAL PROGRAMS › CHAPTER 53 — PUBLIC TRANSPORTATION › § 5306

Last updated Sep 22, 2026|Official source

Summary

Require plans or programs called for by sections 5303, 5304, and 5305 to try, as much as local rules allow, to involve private businesses in planning and transportation projects. If an urban-area facility or piece of equipment will be bought under this chapter, the program must include improvements so it better meets local transportation needs. Sections 5303–5305 do not let a metropolitan planning organization create legal requirements for a transportation facility, provider, or project that is not eligible under this chapter or under title 23. They also do not allow stepping in to run or manage a transportation authority.

Full Legal Text

Title 49, §5306

Transportation, Source: USLM XML via OLRC

(a)Private Enterprise Participation.—
A plan or program required by section 5303, 5304, or 5305 of this title shall encourage to the maximum extent feasible, as determined by local policies, criteria, and decisionmaking, the participation of private enterprise. If equipment or a facility already being used in an urban area is to be acquired under this chapter, the program shall provide that it be improved so that it will better serve the transportation needs of the area.
(b)Relationship to Other Limitations.—
section 5303–5305 of this title do not authorize—
(1)a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter or title 23; and
(2)intervention in the management of a transportation authority.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5306(a)49 App.:1607(o).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(o); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2105. 5306(b)49 App.:1607(m).July 9, 1964, Pub. L. 88–365, 78 Stat. 302, § 8(m); added Nov. 6, 1978, Pub. L. 95–599, § 305(b), 92 Stat. 2743; Apr. 2, 1987, Pub. L. 100–17, § 310, 101 Stat. 227; restated Dec. 18, 1991, Pub. L. 102–240, § 3012, 105 Stat. 2104; Oct. 6, 1992, Pub. L. 102–388, § 502(g), 106 Stat. 1566. In subsection (a), the words “(through modernization, extension, addition, or otherwise)” are omitted as surplus.

Editorial Notes

Amendments

2005—Subsec. (a). Pub. L. 109–59 inserted “, as determined by local policies, criteria, and decisionmaking,” after “feasible”.

Reference

Citations & Metadata

Citation

49 U.S.C. § 5306

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110