Modal Parity in Permitting Act
- Bill Number
- H.R. 8315
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Transportation and Public Works
- Status
- Introduced
- Latest Action
- 2026-04-15: Referred to the House Committee on Transportation and Infrastructure.
- Last Updated
- 2026-04-24T18:03:52Z
AI-Generated Summary
Purpose
The Modal Parity in Permitting Act (H.R. 8315) aims to clarify and expand the use of federal financial assistance for transit and passenger rail projects to acquire real property interests—such as land ownership, leases, or control rights—before or during environmental reviews. It prevents physical development until reviews are complete, promoting efficiency while complying with federal environmental laws.
Key Provisions
- Transit Projects (Section 2): Amends 49 U.S.C. § 5323(q) to allow recipients of Federal Transit Administration (FTA) funds under chapter 53 to use assistance for acquired real property interests.
- Updates terminology from "right-of-way" or "corridor preservation" to "real property interests."
- Requires the FTA Administrator to update guidance (e.g., FTA Circular 5010.1F) within 6 months of enactment.
- Passenger Rail Projects (Section 3): Adds new 49 U.S.C. § 24203.
- Recipients of funds under chapters 229, 243, or 249 (passenger rail programs) may use assistance to acquire real property interests before or during environmental reviews, if allowed by other federal laws.
- Prohibits physical development or improvements until all required environmental reviews (e.g., under the National Environmental Policy Act, or NEPA) are finished.
Significant Changes to Existing Law
- Broadens Scope: Expands from narrow "right-of-way" or "corridor preservation" for transit to general "real property interests" (e.g., broader land acquisitions via purchase or lease).
- Extends to Rail: Introduces similar pre-review acquisition authority for passenger rail, which previously lacked this explicit provision.
- Clarifies Limitations: Explicitly bans pre-review development, aligning with NEPA protections.
Potential Impacts
- Government Agencies: FTA must update regulations quickly; streamlines federal funding processes for transit and rail.
- Citizens and Communities: May accelerate transit and rail projects by securing land early, potentially lowering costs and preserving project viability; minimizes disruption from later land disputes.
- No Direct International Relations Impact: Focuses on domestic transportation infrastructure.
Main Stakeholders Affected
- Federal Agencies: Federal Transit Administration (FTA) and Federal Railroad Administration (FRA).
- Project Recipients: State and local transit agencies (chapter 53 funds); passenger rail operators like Amtrak (chapters 229, 243, 249).
- Developers and Landowners: Benefit from clearer rules on early acquisitions.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces NEPA compliance by limiting acquisitions to non-developmental uses pre-review; ensures acquisitions comply with other federal laws (e.g., property rights protections).
- Constitutional: No direct challenges; supports property acquisition under eminent domain powers if needed, but emphasizes voluntary transactions like purchases or leases.
- Political: Promotes "modal parity" (equal treatment) across transportation modes, potentially reducing delays in infrastructure projects amid bipartisan infrastructure priorities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Bresnahan, Robert P. [R-PA-8], Rep. Friedman, Laura [D-CA-30]
Recent Actions
- 2026-04-15: Referred to the House Committee on Transportation and Infrastructure.
- 2026-04-15: Introduced in House
- 2026-04-15: Introduced in House
Bill Versions
- Modal Parity in Permitting Act — issued 2026-04-15 — PDF (3 pages)