Modal Parity in Permitting Act
- Sponsor
- Sen. Alsobrooks, Angela D. [D-MD]
- Committees
- Banking, Housing, and Urban Affairs Committee (primary)
- Last action
- Jul 22, 2026
Bottom line
The bill aims to streamline and accelerate federal transit and passenger rail project development by providing greater flexibility in property acquisition and allowing earlier land purchases, while maintaining environmental review safeguards.
What it actually does
This bill amends title 49 of the United States Code to clarify and expand the types of real property interests that can be acquired with federal transit assistance and to allow for earlier acquisition of real property for passenger rail projects. Specifically, it broadens the definition from 'right-of-way' to 'real property interests' for certain transit programs and permits land acquisition for passenger rail projects before environmental reviews are complete, provided no physical development occurs until reviews are finalized.
Proponents argue
Supporters argue that this bill will significantly streamline the development of critical transit and passenger rail infrastructure by providing greater flexibility to acquire necessary land and by allowing early acquisition to prevent cost escalation and project delays. They contend that the current regulations can be overly restrictive, and these changes will enable more efficient use of federal funds and faster project delivery, ultimately benefiting commuters and the economy.
Opponents contend
Critics might express concerns that allowing property acquisition before environmental reviews are complete, even with a prohibition on physical development, could create a 'fait accompli' situation, potentially pressuring agencies to approve projects regardless of environmental findings. They may also argue that expanding 'right-of-way' to 'real property interests' could lead to broader land acquisition powers for transit agencies, potentially impacting more private property owners.
The bill is concise and clearly written, making it accessible for a quick read and easy to understand its core changes.
Section 2(a), amending 49 U.S.C. 5323(q)
Expanded Scope for Real Property Acquisitions in Transit Programs
This provision amends existing law to broaden the types of real estate that recipients of federal transit assistance (under Chapter 53) can acquire using federal funds. It changes the specific term 'right-of-way' to the more general 'real property interests' in the context of corridor preservation, allowing transit agencies to acquire a wider range of property types beyond just traditional linear pathways. This aims to provide greater flexibility for modern transit project needs.
Supporters argue
Supporters argue that this change provides necessary flexibility for transit agencies to adapt to diverse project requirements, allowing them to acquire various forms of property interests essential for modern transit development, not just linear rights-of-way. This can streamline project execution and ensure federal funds can be used for all necessary land components.
Critics contend
No specific organized opposition is typically raised against this type of technical clarification, though some might express general concern that broader definitions could lead to expanded government land acquisition powers without sufficient oversight.
Tradeoffs
The provision balances the need for transit agencies to have flexible tools for property acquisition against potential concerns about the scope of government land acquisition. It aims to modernize the language to reflect current project needs.
Section 3, adding 49 U.S.C. 24203
Early Real Property Acquisition for Passenger Rail Projects
This section introduces a new provision allowing entities receiving federal financial assistance for passenger rail projects (under chapters 229, 249, or 243) to acquire real property interests necessary for a project *before* the environmental review process for that project is fully completed. However, it explicitly prohibits any physical development or improvement of the acquired property until all required environmental reviews have been finalized, ensuring environmental protections remain in place.