H.R. 8315 — Modal Parity in Permitting Act

This section revises FTA authority under 49 U.S.C. §5323(q)—previously limited to right-of-way for corridor preservation (i.e., advance acquisition to preserve planned transit corridors under the bus and bus facilities formula grant program)—to instead cover real property interests generally, by (1) changing the heading to “Real property interests”; (2) replacing “right-of-way” with “real property interests” in paragraph (1); (3) inserting “acquired” after “may use the” in paragraph (1); and (4) replacing “Right-of-way” with “Real property interests” in paragraph (2). This section further directs the FTA Administrator to update FTA Circular 5010.1F (or successor circular or regulations) and related guidance within six months of enactment to implement these changes.

This section authorizes recipients of financial assistance under 49 U.S.C. chapters 229 (federal-state partnership for intercity passenger rail), 243 (Amtrak), or 249 (passenger rail investment and improvement) to use such funds to acquire, lease, or otherwise secure real property interests before or during environmental reviews for a passenger rail project, if otherwise permitted by federal law. Acquired property interests may not be physically developed or improved until all required environmental reviews are completed. (Thus, recipients may protect against land price escalation and speculation while complying with environmental review requirements such as NEPA.)