Modal Parity in Permitting Act
- Sponsor
- Rep. Titus, Dina [D-NV-1]
- Committees
- Transportation and Infrastructure Committee (primary)
- Last action
- Apr 15, 2026
Bottom line
The bill aims to accelerate transportation infrastructure projects by streamlining land acquisition processes for transit and passenger rail, potentially reducing project delays and costs while maintaining environmental review safeguards.
What it actually does
This bill, the "Modal Parity in Permitting Act," clarifies and expands the types of real property interests that can be acquired with federal transit assistance. It also allows for the early acquisition of real property for passenger rail projects before environmental reviews are completed, with a crucial safeguard that prohibits physical development until all required environmental reviews are finalized.
Proponents argue
Supporters argue that the bill will significantly expedite critical transit and passenger rail projects by allowing agencies to secure necessary land earlier in the planning process. This approach is expected to reduce costs associated with property value appreciation and avoid delays caused by protracted land acquisition, thereby ensuring federal funds are used more efficiently for infrastructure development.
Opponents contend
Critics might contend that while the bill aims for efficiency, allowing property acquisition before environmental reviews could lead to premature commitments to projects. This could result in wasted resources or increased public opposition if land is acquired for projects that are later deemed environmentally unsound or require significant modifications, potentially undermining the spirit of environmental protection laws.
The bill is very short and clear, making it highly accessible for any reader to understand its provisions quickly and evaluate its implications.
Section 2(a)
Expanded Scope for Transit Real Property Acquisition
This section amends existing law (49 U.S.C. 5323(q)) to broaden the definition of land that can be acquired using federal transit assistance. Previously, the law specifically referred to "right-of-way" for corridor preservation. This amendment changes that to "real property interests," making it clear that a wider range of land types and purposes related to transit projects can be federally supported. It also explicitly states that the assistance can be used for "acquired" real property interests.
Supporters argue
Supporters argue this clarification removes ambiguity and allows transit agencies to more effectively plan and execute projects by enabling them to acquire all necessary real property interests, not just traditional rights-of-way, with federal assistance. This reduces legal hurdles and streamlines project development.
Critics contend
No specific opposition is typically raised against this provision as it primarily clarifies existing intent and broadens flexibility without introducing new mandates or significant controversy. Any opposition would likely be part of broader concerns about federal spending or eminent domain.
Tradeoffs
The tradeoff is between precise statutory language and operational flexibility. While "right-of-way" is specific, "real property interests" offers broader utility but requires clear guidance from the FTA to prevent misuse.
Section 3
Pre-Environmental Review Real Property Acquisition for Passenger Rail
This section adds a new provision (49 U.S.C. 24203) allowing recipients of federal financial assistance for passenger rail projects (under chapters 229, 249, or 243) to acquire, lease, or otherwise secure real property interests before or during the completion of environmental reviews. Crucially, it explicitly states that no physical development or improvement can occur on these acquired properties until all required environmental reviews for the project are fully completed.