49 U.S.C. § 5304 : US Code - Section 5304: Statewide transportation planning

Search 49 U.S.C. § 5304 : US Code - Section 5304: Statewide transportation planning

(a) General Requirements. -
(1) Development of plans and programs. - To accomplish the
objectives stated in section 5303(a), each State shall develop a
statewide transportation plan and a statewide transportation
improvement program for all areas of the State, subject to
section 5303.
(2) Contents. - The statewide transportation plan and the
transportation improvement program developed for each State shall
provide for the development and integrated management and
operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the State and an integral part of an intermodal
transportation system for the United States.
(3) Process of development. - The process for developing the
statewide plan and the transportation improvement program shall
provide for consideration of all modes of transportation and the
policies stated in section 5303(a), and shall be continuing,
cooperative, and comprehensive to the degree appropriate, based
on the complexity of the transportation problems to be addressed.
(b) Coordination With Metropolitan Planning; State Implementation
Plan. - A State shall -
(1) coordinate planning carried out under this section with the
transportation planning activities carried out under section 5303
for metropolitan areas of the State and with statewide trade and
economic development planning activities and related multistate
planning efforts; and
(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42 U.S.C.
7401 et seq.).
(c) Interstate Agreements. -
(1) In general. - The consent of Congress is granted to 2 or
more States entering into agreements or compacts, not in conflict
with any law of the United States, for cooperative efforts and
mutual assistance in support of activities authorized under this
section related to interstate areas and localities in the States
and establishing authorities the States consider desirable for
making the agreements and compacts effective.
(2) Reservation of rights. - The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
(d) Scope of Planning Process. -
(1) In general. - Each State shall carry out a statewide
transportation planning process that provides for consideration
and implementation of projects, strategies, and services that
will -
(A) support the economic vitality of the United States, the
States, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety of the transportation system for
motorized and nonmotorized users;
(C) increase the security of the transportation system for
motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and
freight;
(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the
transportation system, across and between modes throughout the
State, for people and freight;
(G) promote efficient system management and operation; and
(H) emphasize the preservation of the existing transportation
system.
(2) Failure to consider factors. - The failure to consider any
factor specified in paragraph (1) shall not be reviewable by any
court under this chapter, title 23, subchapter II of chapter 5 of
title 5, or chapter 7 of title 5 in any matter affecting a
statewide transportation plan, the transportation improvement
program, a project or strategy, or the certification of a
planning process.
(e) Additional Requirements. - In carrying out planning under
this section, each State shall consider, at a minimum -
(1) with respect to nonmetropolitan areas, the concerns of
affected local officials with responsibility for transportation;
(2) the concerns of Indian tribal governments and Federal land
management agencies that have jurisdiction over land within the
boundaries of the State; and
(3) coordination of transportation plans, the transportation
improvement program, and planning activities with related
planning activities being carried out outside of metropolitan
planning areas and between States.
(f) Long-Range Statewide Transportation Plan. -
(1) Development. - Each State shall develop a long-range
statewide transportation plan, with a minimum 20-year forecast
period for all areas of the State, that provides for the
development and implementation of the intermodal transportation
system of the State.
(2) Consultation with governments. -
(A) Metropolitan areas. - The statewide transportation plan
shall be developed for each metropolitan area in the State in
cooperation with the metropolitan planning organization
designated for the metropolitan area under section 5303.
(B) Nonmetropolitan areas. - With respect to nonmetropolitan
areas, the statewide transportation plan shall be developed in
consultation with affected nonmetropolitan officials with
responsibility for transportation. The Secretary shall not
review or approve the consultation process in each State.
(C) Indian tribal areas. - With respect to each area of the
State under the jurisdiction of an Indian tribal government,
the statewide transportation plan shall be developed in
consultation with the tribal government and the Secretary of
the Interior.
(D) Consultation, comparison, and consideration. -
(i) In general. - The long-range transportation plan shall
be developed, as appropriate, in consultation with State,
tribal, and local agencies responsible for land use
management, natural resources, environmental protection,
conservation, and historic preservation.
(ii) Comparison and consideration. - Consultation under
clause (i) shall involve comparison of transportation plans
to State and tribal conservation plans or maps, if available,
and comparison of transportation plans to inventories of
natural or historic resources, if available.
(3) Participation by interested parties. -
(A) In general. - In developing the statewide transportation
plan, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation,
representatives of users of public transportation,
representatives of users of pedestrian walkways and bicycle
transportation facilities, representatives of the disabled,
providers of freight transportation services, and other
interested parties with a reasonable opportunity to comment on
the proposed plan.
(B) Methods. - In carrying out subparagraph (A), the State
shall, to the maximum extent practicable -
(i) hold any public meetings at convenient and accessible
locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically
accessible format and means, such as the World Wide Web, as
appropriate to afford reasonable opportunity for
consideration of public information under subparagraph (A).
(4) Mitigation activities. -
(A) In general. - A long-range transportation plan shall
include a discussion of potential environmental mitigation
activities and potential areas to carry out these activities,
including activities that may have the greatest potential to
restore and maintain the environmental functions affected by
the plan.
(B) Consultation. - The discussion shall be developed in
consultation with Federal, State, and tribal wildlife, land
management, and regulatory agencies.
(5) Financial plan. - The statewide transportation plan may
include a financial plan that demonstrates how the adopted
statewide transportation plan can be implemented, indicates
resources from public and private sources that are reasonably
expected to be made available to carry out the plan, and
recommends any additional financing strategies for needed
projects and programs. The financial plan may include, for
illustrative purposes, additional projects that would be included
in the adopted statewide transportation plan if reasonable
additional resources beyond those identified in the financial
plan were available.
(6) Selection of projects from illustrative list. - A State
shall not be required to select any project from the illustrative
list of additional projects included in the financial plan
described in paragraph (5).
(7) Existing system. - The statewide transportation plan should
include capital, operations and management strategies,
investments, procedures, and other measures to ensure the
preservation and most efficient use of the existing
transportation system.
(8) Publication of long-range transportation plans. - Each long-
range transportation plan prepared by a State shall be published
or otherwise made available, including (to the maximum extent
practicable) in electronically accessible formats and means, such
as the World Wide Web.
(g) Statewide Transportation Improvement Program. -
(1) Development. - Each State shall develop a statewide
transportation improvement program for all areas of the State.
Such program shall cover a period of 4 years and be updated every
4 years or more frequently if the Governor elects to update more
frequently.
(2) Consultation with governments. -
(A) Metropolitan areas. - With respect to each metropolitan
area in the State, the program shall be developed in
cooperation with the metropolitan planning organization
designated for the metropolitan area under section 5303.
(B) Nonmetropolitan areas. - With respect to each
nonmetropolitan area in the State, the program shall be
developed in consultation with affected nonmetropolitan local
officials with responsibility for transportation. The Secretary
shall not review or approve the specific consultation process
in the State.
(C) Indian tribal areas. - With respect to each area of the
State under the jurisdiction of an Indian tribal government,
the program shall be developed in consultation with the tribal
government and the Secretary of the Interior.
(3) Participation by interested parties. - In developing the
program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation, providers
of freight transportation services, representatives of users of
public transportation, representatives of users of pedestrian
walkways and bicycle transportation facilities, representatives
of the disabled, and other interested parties with a reasonable
opportunity to comment on the proposed program.
(4) Included projects. -
(A) In general. - A transportation improvement program
developed under this subsection for a State shall include
federally supported surface transportation expenditures within
the boundaries of the State.
(B) Listing of projects. - An annual listing of projects for
which funds have been obligated in the preceding year in each
metropolitan planning area shall be published or otherwise made
available by the cooperative effort of the State, transit
operator, and the metropolitan planning organization for public
review. The listing shall be consistent with the funding
categories identified in each metropolitan transportation
improvement program.
(C) Projects under chapter 2 of title 23. -
(i) Regionally significant projects. - Regionally
significant projects proposed for funding under chapter 2 of
title 23 shall be identified individually in the
transportation improvement program.
(ii) Other projects. - Projects proposed for funding under
chapter 2 of title 23 that are not determined to be
regionally significant shall be grouped in 1 line item or
identified individually in the transportation improvement
program.
(D) Consistency with statewide transportation plan. - Each
project shall be -
(i) consistent with the statewide transportation plan
developed under this section for the State;
(ii) identical to the project or phase of the project as
described in an approved metropolitan transportation plan;
and
(iii) in conformance with the applicable State air quality
implementation plan developed under the Clean Air Act, if the
project is carried out in an area designated as nonattainment
for ozone, particulate matter, or carbon monoxide under that
Act.
(E) Requirement of anticipated full funding. - The
transportation improvement program shall include a project, or
an identified phase of a project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
(F) Financial plan. - The transportation improvement program
may include a financial plan that demonstrates how the approved
transportation improvement program can be implemented,
indicates resources from public and private sources that are
reasonably expected to be made available to carry out the
transportation improvement program, and recommends any
additional financing strategies for needed projects and
programs. The financial plan may include, for illustrative
purposes, additional projects that would be included in the
adopted transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
(G) Selection of projects from illustrative list. -
(i) No required selection. - Notwithstanding subparagraph
(F), a State shall not be required to select any project from
the illustrative list of additional projects included in the
financial plan under subparagraph (F).
(ii) Required action by the secretary. - Action by the
Secretary shall be required for a State to select any project
from the illustrative list of additional projects included in
the financial plan under subparagraph (F) for inclusion in an
approved transportation improvement program.
(H) Priorities. - The transportation improvement program
shall reflect the priorities for programming and expenditures
of funds, including transportation enhancement activities,
required by this chapter and title 23.
(5) Project selection for areas of less than 50,000 population.
- Projects carried out in areas with populations of less than
50,000 individuals shall be selected, from the approved
transportation improvement program (excluding projects carried
out on the National Highway System and projects carried out under
the bridge program or the Interstate maintenance program under
title 23 or sections 5310, 5311, 5316, and 5317 of this title) by
the State in cooperation with the affected nonmetropolitan local
officials with responsibility for transportation. Projects
carried out in areas with populations of less than 50,000
individuals on the National Highway System or under the bridge
program or the Interstate maintenance program under title 23 or
sections 5310, 5311, 5316, and 5317 of this title shall be
selected, from the approved statewide transportation improvement
program, by the State in consultation with the affected
nonmetropolitan local officials with responsibility for
transportation.
(6) Transportation improvement program approval. - Every 4
years, a transportation improvement program developed under this
subsection shall be reviewed and approved by the Secretary if
based on a current planning finding.
(7) Planning finding. - A finding shall be made by the
Secretary at least every 4 years that the transportation planning
process through which statewide transportation plans and programs
are developed is consistent with this section and section 5303.
(8) Modifications to project priority. - Notwithstanding any
other provision of law, action by the Secretary shall not be
required to advance a project included in the approved
transportation improvement program in place of another project in
the program.
(h) Funding. - Funds set aside pursuant to section 5305(g) of
this title and section 104(i) of title 23 shall be available to
carry out this section.
(i) Treatment of Certain State Laws as Congestion Management
Processes. - For purposes of this section and section 5303, and
sections 134 and 135 of title 23, State laws, rules, or regulations
pertaining to congestion management systems or programs may
constitute the congestion management process under this section and
section 5303, and sections 134 and 135 of title 23, if the
Secretary finds that the State laws, rules, or regulations are
consistent with, and fulfill the intent of, the purposes of this
section, section 5303, and sections 134 and 135 of title 23, as
appropriate.
(j) Continuation of Current Review Practice. - Since the
statewide transportation plan and the transportation improvement
program described in this section are subject to a reasonable
opportunity for public comment, since individual projects included
in the statewide transportation plans and the transportation
improvement program are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
since decisions by the Secretary concerning statewide
transportation plans or the transportation improvement program
described in this section have not been reviewed under such Act as
of January 1, 1997, any decision by the Secretary concerning a
metropolitan or statewide transportation plan or the transportation
improvement program described in this section shall not be
considered to be a Federal action subject to review under such Act.