§ 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
(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.
(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;
(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;
(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;
(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.—
(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.
(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.
(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).
(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.
(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.—
(D)
Consistency with statewide transportation plan.—
Each project shall be—
(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.
(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.
(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.