7/18/2002
TEA-21 Users Guide - 1204
BACK
SEC. 1204. STATEWIDE PLANNING.
(a) General Requirements.--Section 135(a) of title 23, United
States Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the
national interest to encourage
and promote the safe and efficient management, operation, and
development of surface transportation systems that will serve
the
mobility needs of people and freight and foster economic
growth and
development within and through urbanized areas, while
minimizing
transportation-related fuel consumption and air pollution.
``(2) Development of plans and
programs.--Subject to section
134 of this title and sections 5303 through 5305 of title 49,
each
State shall develop transportation plans and programs for all
areas
of the State.
``(3) Contents.--The plans and
programs for each State shall
provide for the development and integrated management and
operation
of transportation systems and facilities (including
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.
``(4) Process of development.--The
process for developing the
plans and programs shall provide for consideration of all
modes of
transportation 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.--Section 135(b) of such title is amended by inserting after ``of
this title'' the following: ``and sections 5303 through 5305 of title
49''.
(c) Scope of Planning Process.--Section 135(c) of such title
is
amended to read as follows:
``(c) Scope of Planning Process.--
``(1) In general.--Each State shall
carry out a transportation
planning process that provides for consideration of projects
and
strategies that will--
``(A) support
the economic vitality of the United States,
the States, and metropolitan areas,
especially by enabling
global competitiveness, productivity,
and efficiency;
``(B)
increase the safety and security of the
transportation system for motorized
and nonmotorized users;
``(C)
increase the accessibility and mobility options
available to people and for freight;
``(D) protect
and enhance the environment, promote energy
conservation, and improve quality of
life;
``(E) enhance
the integration and connectivity of the
transportation system, across and
between modes throughout the
State, for people and freight;
``(F) promote
efficient system management and operation;
and
``(G)
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 title, subchapter II of chapter 5 of title
5, or
chapter 7 of title 5 in any matter affecting a transportation
plan,
a transportation improvement plan, a project or strategy, or
the
certification of a planning process.''.
(d) Additional Requirements.--Section 135(d) of such title is
amended to read as follows:
``(d) Additional Requirements.--In carrying out planning
under this
section, each State shall, at a minimum, consider--
``(1) with respect to nonmetropolitan
areas, the concerns of
local elected officials representing units of general purpose
local
government;
``(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, programs, and
planning activities with related planning activities being
carried
out outside of metropolitan planning areas.''.
(e) Long-Range Transportation Plan.--Section 135(e) of such
title
is amended to read as follows:
``(e) Long-Range Transportation Plan.--
``(1) Development.--Each State shall
develop a long-range
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.--With respect to each
metropolitan area in the State, the
long-range transportation
plan shall be developed in
cooperation with the metropolitan
planning organization designated for
the metropolitan area
under section 134 of this title and
section 5303 of title 49.
``(B)
Nonmetropolitan areas.--With respect to each
nonmetropolitan area, the long-range
transportation plan shall
be developed in consultation with
affected local officials with
responsibility for transportation.
``(C) Indian
tribal areas.--With respect to each area of
the State under the jurisdiction of
an Indian tribal
government, the long-range
transportation plan shall be
developed in consultation with the
tribal government and the
Secretary of the Interior.
``(3) Participation by interested
parties.--In developing the
long-range transportation plan, the State shall--
``(A) provide
citizens, affected public agencies,
representatives of transportation
agency employees, freight
shippers, private providers of
transportation, representatives
of users of public transit, providers
of freight transportation
services, and other interested
parties with a reasonable
opportunity to comment on the
proposed plan; and
``(B)
identify transportation strategies necessary to
efficiently serve the mobility needs
of people.
``(4) Financial plan.--The long-range
transportation plan may
include a financial plan that demonstrates how the adopted
long-
range 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 transportation
plan
if reasonable additional resources beyond those identified in
the
financial plan were available.
``(5) Selection of projects from
illustrative list.--
Notwithstanding paragraph (4), a State shall not be required
to
select any project from the illustrative list of additional
projects included in the financial plan under paragraph
(4).''.
(f) State Transportation Improvement Program.--Section 135(f)
of
such title is amended to read as follows:
``(f) State Transportation Improvement Program.--
``(1) Development.--
``(A) In
general.--Each State shall develop a
transportation improvement program
for all areas of the State.
``(B)
Consultation with governments.--
``(i) 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 134
of this title and section 5303 of title 49.
``(ii) Nonmetropolitan areas.--
``(I) In general.--With respect to each
nonmetropolitan area in the State, the program shall be
developed in consultation with affected local officials
with responsibility for transportation.
``(II) Review.--Not later than 1 year after the
date of enactment of this subclause, the State shall
submit to the Secretary the details of the consultative
planning process developed by the State for
nonmetropolitan areas under subclause (I). The
Secretary shall not review or approve such process.
``(iii) 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.
``(C)
Participation by interested parties.--In developing
the program, the Governor shall
provide citizens, affected
public agencies, representatives of
transportation agency
employees, freight shippers, private
providers of
transportation, providers of freight
transportation services,
representatives of users of public
transit, and other
interested parties with a reasonable
opportunity to comment on
the proposed program.
``(2) 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) Chapter
2 projects.--
``(i) Regionally significant projects.--Regionally
significant
projects proposed for funding under chapter 2
shall be
identified individually in the transportation
improvement
program.
``(ii) Other projects.--Projects proposed for funding
under chapter
2 that are not determined to be regionally
significant
shall be grouped in 1 line item or identified
individually
in the transportation improvement program.
``(C)
Consistency with long-range transportation plan.--
Each project shall be--
``(i) consistent with the long-range transportation
plan
developed under this section for the State;
``(ii) identical to the project as described in an
approved
metropolitan transportation improvement program;
and
``(iii) in conformance with the applicable State air
quality
implementation plan developed under the Clean Air
Act (42 U.S.C.
7401 et seq.), if the project is carried out
in an area
designated as nonattainment for ozone or carbon
monoxide
under such Act.
``(D)
Requirement of anticipated full funding.--The 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.
``(E)
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 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
transportation plan if reasonable
additional resources beyond those
identified in the financial
plan were available.
``(F)
Selection of projects from illustrative list.--
``(i) No required selection.--Notwithstanding
subparagraph
(E), a State shall not be required to select
any project
from the illustrative list of additional
projects
included in the financial plan under subparagraph
(E).
``(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 (E) for
inclusion in
an approved transportation improvement
program.
``(G)
Priorities.--The program shall reflect the priorities
for programming and expenditures of
funds, including
transportation enhancement
activities, required by this title.
``(3) Project selection for areas of
less than 50,000
population.--
``(A) In
general.--Projects carried out in areas with
populations of less than 50,000
individuals (excluding projects
carried out on the National Highway
System and projects carried
out under the bridge program or the
Interstate maintenance
program) shall be selected, from the
approved statewide
transportation improvement program,
by the State in cooperation
with the affected local officials.
``(B)
National highway system projects.--Projects carried
out in areas described in
subparagraph (A) on the National
Highway System and projects carried
out in such areas under the
bridge program or the Interstate
maintenance program shall be
selected, from the approved statewide
transportation
improvement program, by the State in
consultation with the
affected local officials.
``(4) Biennial review and
approval.--A transportation
improvement program developed under this subsection shall be
reviewed and, on a finding that the planning process through
which
the program was developed is consistent with this section,
section
134, and sections 5303 through 5305 of title 49, approved not
less
frequently than biennially by the Secretary.
``(5) 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
statewide
transportation improvement program in place of another
project in
the program.''.
(g) Funding.--Section 134(g) of such title is amended by
striking
``section 307(c)(1)'' and inserting ``section 505(a)''.
(h) Continuation of Current Review Practice.--Section 135 of
such
title is amended by adding at the end the following:
``(i) Continuation of Current Review Practice.--Since plans
and
programs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included in
the plans and programs 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 plans and programs described in
this section have not been reviewed under such Act as of January 1,
1997, any decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a Federal
action subject to review under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).''.
(i) Participation of Local Elected Officials.--
(1) Study.--The Secretary shall
conduct a study on the
effectiveness of the participation of local elected officials
in
transportation planning and programming. In conducting the
study,
the Secretary shall consider the degree of cooperation
between each
State, local officials in rural areas in the State, and
regional
planning and development organizations in the State.
(2) Report.--Not later than 2 years
after the date of enactment
of this Act, the Secretary shall transmit to Congress a
report
containing the results of the study with any recommendations
the
Secretary determines appropriate as a result of the study.
BACK
The Surface Transportation Policy Project is a nationwide network of more than 800
organizations, including planners, community development organizations, and advocacy groups,
devoted to improving the nation’s transportation system.
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