§ 134 TITLE 23—HIGHWAYS Page 102

Secretary of Commerce when determining population figures for purposes of this section.

(5) TRANSPORTATION ENHANCEMENT ACTIVITIES.—

(A) CATEGORICAL EXCLUSIONS.—To the extent appropriate, the Secretary shall develop

categorical exclusions from the requirement

that an environmental assessment or an environmental impact statement under section

102 of the National Environmental Policy

Act of 1969 (42 U.S.C. 4332) be prepared for

transportation enhancement activities funded from the allocation required by subsection (d)(2).

(B) NATIONWIDE PROGRAMMATIC AGREEMENT.—The Secretary, in consultation with

the National Conference of State Historic

Preservation Officers and the Advisory

Council on Historic Preservation established

under title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.), shall develop a nationwide programmatic agreement

governing the review of transportation enhancement activities funded from the allocation required by subsection (d)(2), in accordance with—

(i) section 106 of such Act (16 U.S.C. 470f);

and

(ii) the regulations of the Advisory

Council on Historic Preservation.

(f) ALLOCATION OF OBLIGATION AUTHORITY.—A

State which is required to obligate in an urbanized area with an urbanized area population of

over 200,000 under subsection (d) funds apportioned to it under section 104(b)(3) shall allocate

during the 6-fiscal year period 1992 through 1997

an amount of obligation authority distributed

to the State for Federal-aid highways and highway safety construction for use in such area determined by multiplying—

(1) the aggregate amount of funds which the

State is required to obligate in such area

under subsection (d) during such period; by

(2) the ratio of the aggregate amount of obligation authority distributed to the State for

Federal-aid highways and highway safety construction during such period to the total sums

apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to an obligation limitation) during such period.

(Added Pub. L. 102–240, title I, §1007(a)(1), Dec.

18, 1991, 105 Stat. 1927; amended Pub. L. 103–429,

§3(4), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104–59,

title III, §§315, 316, Nov. 28, 1995, 109 Stat. 586,

587.)

REFERENCES IN TEXT

Section 108(f)(1)(A) of the Clean Air Act, referred to

in subsec. (b)(9), is classified to section 7408(f)(1)(A) of

Title 42, The Public Health and Welfare.

The Water Resources Development Act of 1990, referred to in subsec. (b)(11), is Pub. L. 101–640, Nov. 28,

1990, 104 Stat. 4604. For complete classification of this

Act to the Code, see Short Title of 1990 Amendment

note set out under section 2201 of Title 33, Navigation

and Navigable Waters, and Tables.

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(5), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894,

as amended, which is classified generally to chapter 61

(§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 4601 of

Title 42 and Tables.

Section 170(h) of the Internal Revenue Code of 1986,

referred to in subsec. (d)(5)(A), is classified to section

170(h) of Title 26, Internal Revenue Code.

The National Historic Preservation Act, referred to

in subsec. (e)(5)(B), is Pub. L. 89–665, Oct. 15, 1966, 80

Stat. 915, as amended. Title II of the Act is classified

generally to part B (§470i et seq.) of subchapter II of

chapter 1A of Title 16, Conservation. For complete classification of this Act to the Code, see section 470 of

Title 16 and Tables.

PRIOR PROVISIONS

A prior section 133, Pub. L. 87–866, §5(a), Oct. 23, 1962,

76 Stat. 1146, provided for relocation assistance for persons displaced by Federal-aid highway construction,

prior to repeal by Pub. L. 90–495, §37, Aug. 23, 1968, 82

Stat. 836, effective July 1, 1970. See section 501 et seq.

of this title.

AMENDMENTS

1995—Subsec. (d)(5). Pub. L. 104–59, §315, added par.

(5).

Subsec. (e)(3). Pub. L. 104–59, §316(1), designated existing provisions as subpar. (A), inserted subpar. (A) heading, realigned margins, substituted ‘‘Except as provided

in subparagraph (B), the’’ for ‘‘The’’, and added subpar.

(B).

Subsec. (e)(5). Pub. L. 104–59, §316(2), added par. (5).

1994—Subsec. (b)(2). Pub. L. 103–429 substituted ‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’.

EFFECTIVE DATE

Section effective Dec. 18, 1991, and applicable to funds

authorized to be appropriated or made available after

Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set

out as an Effective Date of 1991 Amendment note under

section 104 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 117, 134, 157,

160 of this title; title 49 sections 5303, 5305.

§ 134. Metropolitan planning

(a) GENERAL REQUIREMENTS.—It is in the national interest to encourage and promote the development of transportation systems embracing

various modes of transportation in a manner

which will efficiently maximize mobility of people and goods within and through urbanized

areas and minimize transportation-related fuel

consumption and air pollution. To accomplish

this objective, metropolitan planning organizations, in cooperation with the State, shall develop transportation plans and programs for urbanized areas of the State. Such plans and programs shall provide for the development of

transportation facilities (including pedestrian

walkways and bicycle transportation facilities)

which will function as an intermodal transportation system for the State, the metropolitan

areas, and the Nation. The process for developing such 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.

(b) DESIGNATION OF METROPOLITAN PLANNING

ORGANIZATIONS.—

(1) IN GENERAL.—To carry out the transportation planning process required by this sec-
Page 103 TITLE 23—HIGHWAYS § 134

tion, a metropolitan planning organization

shall be designated for each urbanized area of

more than 50,000 population by agreement

among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population (including the central city or cities as

defined by the Bureau of the Census) or in accordance with procedures established by applicable State or local law.

(2) MEMBERSHIP OF CERTAIN MPO’S.—In a metropolitan area designated as a transportation

management area, the metropolitan planning

organization designated for such area shall include local elected officials, officials of agencies which administer or operate major modes

of transportation in the metropolitan area (including all transportation agencies included in

the metropolitan planning organization on

June 1, 1991) and appropriate State officials.

This paragraph shall only apply to a metropolitan planning organization which is redesignated after the date of the enactment of this

section.

(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subsection shall be construed to interfere with the authority, under

any State law in effect on the date of the enactment of this section, of a public agency

with multimodal transportation responsibilities to—

(A) develop plans and programs for adoption by a metropolitan planning organization; and

(B) develop long-range capital plans, coordinate transit services and projects, and

carry out other activities pursuant to State

law.

(4) CONTINUING DESIGNATION.—Designations

of metropolitan planning organizations,

whether made under this section or other provisions of law, shall remain in effect until redesignated under paragraph (5) or revoked by

agreement among the Governor and units of

general purpose local government which together represent at least 75 percent of the affected population or as otherwise provided

under State or local procedures.

(5) REDESIGNATION.—

(A) PROCEDURES.—A metropolitan planning organization may be redesignated by

agreement among the Governor and units of

general purpose local government which together represent at least 75 percent of the affected population (including the central city

or cities as defined by the Bureau of the Census) as appropriate to carry out this section.

(B) CERTAIN REQUESTS TO REDESIGNATE.—A

metropolitan planning organization shall be

redesignated upon request of a unit or units

of general purpose local government representing at least 25 percent of the affected

population (including the central city or cities as defined by the Bureau of the Census)

in any urbanized area (i) whose population is

more than 5,000,000 but less than 10,000,000,

or (ii) which is an extreme nonattainment

area for ozone or carbon monoxide as defined

under the Clean Air Act. Such redesignation

shall be accomplished using procedures established by subparagraph (A).

(6) TREATMENT OF LARGE URBAN AREAS.—

More than 1 metropolitan planning organization may be designated within an urbanized

area as defined by the Bureau of the Census

only if the Governor determines that the size

and complexity of the urbanized area make

designation of more than 1 metropolitan planning organization for such area appropriate.

(c) METROPOLITAN AREA BOUNDARIES.—For the

purposes of this section, the boundaries of a

metropolitan area shall be determined by agreement between the metropolitan planning organization and the Governor. Each metropolitan

area shall cover at least the existing urbanized

area and the contiguous area expected to become urbanized within the 20-year forecast period and may encompass the entire metropolitan

statistical area or consolidated metropolitan

statistical area, as defined by the Bureau of the

Census. For areas designated as nonattainment

areas for ozone or carbon monoxide under the

Clean Air Act, the boundaries of the metropolitan area shall at least include the boundaries of

the nonattainment area, except as otherwise

provided by agreement between the metropolitan planning organization and the Governor.

(d) COORDINATION IN MULTISTATE AREAS.—

(1) IN GENERAL.—The Secretary shall establish such requirements as the Secretary considers appropriate to encourage Governors and

metropolitan planning organizations with responsibility for a portion of a multi-State

metropolitan area to provide coordinated

transportation planning for the entire metropolitan area.

(2) COMPACTS.—The consent of Congress is

hereby given to any 2 or more States to enter

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 as

such activities pertain to interstate areas and

localities within such States and to establish

such agencies, joint or otherwise, as such

States may deem desirable for making such

agreements and compacts effective.

(e) COORDINATION OF MPO’s.—If more than 1

metropolitan planning organization has authority within a metropolitan area or an area which

is designated as a nonattainment area for ozone

or carbon monoxide under the Clean Air Act,

each metropolitan planning organization shall

consult with the other metropolitan planning

organizations designated for such area and the

State in the coordination of plans and programs

required by this section.

(f) FACTORS TO BE CONSIDERED.—In developing

transportation plans and programs pursuant to

this section, each metropolitan planning organization shall, at a minimum, consider the following:

(1) Preservation of existing transportation

facilities and, where practical, ways to meet

transportation needs by using existing transportation facilities more efficiently.

(2) The consistency of transportation planning with applicable Federal, State, and local

energy conservation programs, goals, and objectives.
§ 134 TITLE 23—HIGHWAYS Page 104

(3) The need to relieve congestion and prevent congestion from occurring where it does

not yet occur.

(4) The likely effect of transportation policy

decisions on land use and development and the

consistency of transportation plans and programs with the provisions of all applicable

short- and long-term land use and development plans.

(5) The programming of expenditure on

transportation enhancement activities as required in section 133.

(6) The effects of all transportation projects

to be undertaken within the metropolitan

area, without regard to whether such projects

are publicly funded.

(7) International border crossings and access

to ports, airports, intermodal transportation

facilities, major freight distribution routes,

national parks, recreation areas, monuments

and historic sites, and military installations.

(8) The need for connectivity of roads within

the metropolitan area with roads outside the

metropolitan area.

(9) The transportation needs identified

through use of the management systems required by section 303 of this title.

(10) Preservation of rights-of-way for construction of future transportation projects, including identification of unused rights-of-way

which may be needed for future transportation

corridors and identification of those corridors

for which action is most needed to prevent destruction or loss.

(11) Methods to enhance the efficient movement of freight.

(12) The use of life-cycle costs in the design

and engineering of bridges, tunnels, or pavement.

(13) The overall social, economic, energy,

and environmental effects of transportation

decisions.

(14) Methods to expand and enhance transit

services and to increase the use of such services.

(15) Capital investments that would result in

increased security in transit systems.

(16) Recreational travel and tourism.

(g) DEVELOPMENT OF LONG RANGE PLAN.—

(1) IN GENERAL.—Each metropolitan planning

organization shall prepare, and update periodically, according to a schedule that the Secretary determines to be appropriate, a long

range plan for its metropolitan area in accordance with the requirements of this subsection.

(2) LONG RANGE PLAN.—A long range plan

under this section shall be in a form that the

Secretary determines to be appropriate and

shall, at a minimum:

(A) Identify transportation facilities (including but not necessarily limited to major

roadways, transit, and multimodal and

intermodal facilities) that should function

as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and

regional transportation functions. In formulating the long range plan, the metropolitan

planning organization shall consider factors

described in subsection (f) as such factors relate to a 20-year forecast period.

(B) Include a financial plan that demonstrates how the long-range 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 innovative financing techniques to finance needed

projects and programs, including such techniques as value capture, tolls and congestion

pricing.

(C) Assess capital investment and other

measures necessary to—

(i) ensure the preservation of the existing metropolitan transportation system,

including requirements for operational improvements, resurfacing, restoration, and

rehabilitation of existing and future major

roadways, as well as operations, maintenance, modernization, and rehabilitation

of existing and future transit facilities;

and

(ii) make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and goods.

(D) Indicate as appropriate proposed transportation enhancement activities.

(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In metropolitan areas which are in nonattainment for ozone or carbon monoxide

under the Clean Air Act, the metropolitan

planning organization shall coordinate the development of a long range plan with the process for development of the transportation control measures of the State implementation

plan required by the Clean Air Act.

(4) PARTICIPATION BY INTERESTED PARTIES.—

Before approving a long range plan, each metropolitan planning organization shall provide

citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, and other interested parties with a reasonable opportunity

to comment on the long range plan, in a manner that the Secretary deems appropriate.

(5) PUBLICATION OF LONG RANGE PLAN.—Each

long range plan prepared by a metropolitan

planning organization shall be—

(i) published or otherwise made readily

available for public review; and

(ii) submitted for information purposes to

the Governor at such times and in such manner as the Secretary shall establish.

(h) TRANSPORTATION IMPROVEMENT PROGRAM.—

(1) DEVELOPMENT.—The metropolitan planning organization designated for a metropolitan area, in cooperation with the State and affected transit operators, shall develop a transportation improvement program for the area

for which such organization is designated. In

developing the program, the metropolitan

planning organization shall provide citizens,

affected public agencies, representatives of

transportation agency employees, other affected employee representatives, private providers of transportation, and other interested

parties with a reasonable opportunity to comment on the proposed program. The program

shall be updated at least once every 2 years

and shall be approved by the metropolitan

planning organization and the Governor.
Page 105 TITLE 23—HIGHWAYS § 134

(2) PRIORITY OF PROJECTS.—The transportation improvement program shall include the

following:

(A) A priority list of projects and project

segments to be carried out within each 3-

year period after the initial adoption of the

transportation improvement program.

(B) A financial plan that demonstrates

how the 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 innovative financing techniques to finance needed projects and programs, including value capture, tolls, and congestion pricing.

(3) SELECTION OF PROJECTS.—Except as otherwise provided in subsection (i)(4), project selection in metropolitan areas for projects involving Federal participation shall be carried

out by the State in cooperation with the metropolitan planning organization and shall be

in conformance with the transportation improvement program for the area.

(4) MAJOR CAPITAL INVESTMENTS.—Not later

than 6 months after the date of the enactment

of this section, the Secretary shall initiate a

rulemaking proceeding to conform review requirements for transit projects under the National Environmental Policy Act of 1969 to

comparable requirements under such Act applicable to highway projects. Nothing in this

section shall be construed to affect the applicability of such Act to transit or highway

projects.

(5) INCLUDED PROJECTS.—A transportation

improvement program for a metropolitan area

developed under this subsection shall include

projects within the area which are proposed

for funding under this title and chapter 53 of

title 49 and which are consistent with the long

range plan developed under subsection (g) for

the area. 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.

(6) NOTICE AND COMMENT.—Before approving

a transportation improvement program, a

metropolitan planning organization shall provide citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, and

other interested parties with reasonable notice of and an opportunity to comment on the

proposed program.

(i) TRANSPORTATION MANAGEMENT AREAS.—

(1) DESIGNATION.—The Secretary shall designate as transportation management areas

all urbanized areas over 200,000 population.

The Secretary shall designate any additional

area as a transportation management area

upon the request of the Governor and the metropolitan planning organization designated for

such area or the affected local officials. Such

additional areas shall include upon such a request the Lake Tahoe Basin as defined by Public Law 96–551.

(2) TRANSPORTATION PLANS AND PROGRAMS.—

Within a transportation management area,

transportation plans and programs shall be

based on a continuing and comprehensive

transportation planning process carried out by

the metropolitan planning organization in cooperation with the State and transit operators.

(3) CONGESTION MANAGEMENT SYSTEM.—Within a transportation management area, the

transportation planning process under this

section shall include a congestion management system that provides for effective management of new and existing transportation

facilities eligible for funding under this title

and chapter 53 of title 49 through the use of

travel demand reduction and operational management strategies. The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section.

(4) SELECTION OF PROJECTS.—All projects carried out within the boundaries of a transportation management area with Federal participation pursuant to this title (excluding

projects undertaken on the National Highway

System and pursuant to the bridge and Interstate maintenance programs) or pursuant to

chapter 53 of title 49 shall be selected by the

metropolitan planning organization designated for such area in consultation with the

State and in conformance with the transportation improvement program for such area

and priorities established therein. Projects

undertaken within the boundaries of a transportation management area on the National

Highway System or pursuant to the bridge and

Interstate maintenance programs shall be selected by the State in cooperation with the

metropolitan planning organization designated for such area and shall be in conformance with the transportation improvement

program for such area.

(5) CERTIFICATION.—The Secretary shall assure that each metropolitan planning organization in each transportation management

area is carrying out its responsibilities under

applicable provisions of Federal law, and shall

so certify at least once every 3 years. The Secretary may make such certification only if (1)

a metropolitan planning organization is complying with the requirements of this section

and other applicable requirements of Federal

law, and (2) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. If after September 30,

1993, a metropolitan planning organization is

not certified by the Secretary, the Secretary

may withhold, in whole or in part, the apportionment under section 104(b)(3) attributed to

the relevant metropolitan area pursuant to

section 133(d)(3) and capital funds apportioned

under the formula program under section 5336

of title 49. If a metropolitan planning organization remains uncertified for more than 2

consecutive years after September 30, 1994, 20

percent of the apportionment attributed to

that metropolitan area under section 133(d)(3)

and capital funds apportioned under the formula program under section 5336 of title 49

shall be withheld. The withheld apportion-
§ 134 TITLE 23—HIGHWAYS Page 106

ments shall be restored to the metropolitan

area at such time as the metropolitan planning organization is certified by the Secretary. The Secretary shall not withhold certification under this section based upon the

policies and criteria established by a metropolitan planning organization or transit grant

recipient for determining the feasibility of private enterprise participation in accordance

with section 5306(a) of title 49.

(j) ABBREVIATED PLANS AND PROGRAMS FOR

CERTAIN AREAS.—For metropolitan areas not

designated as transportation management areas

under this section, the Secretary may provide

for the development of abbreviated metropolitan

transportation plans and programs that the Secretary determines to be appropriate to achieve

the purposes of this section, taking into account

the complexity of transportation problems, including transportation related air quality problems, in such areas. In no event shall the Secretary provide abbreviated plans or programs for

metropolitan areas which are in nonattainment

for ozone or carbon monoxide under the Clean

Air Act.

(k) TRANSFER OF FUNDS.—Funds made available for a highway project under chapter 53 of

title 49 shall be transferred to and administered

by the Secretary in accordance with the requirements of this title. Funds made available for a

transit project under the Federal-Aid Highway

Act of 1991 shall be transferred to and administered by the Secretary in accordance with the

requirements of chapter 53 of title 49. The provisions of title 23, United States Code, regarding

the non-Federal share shall apply to title 23

funds used for transit projects and the provisions of chapter 53 of title 49 regarding non-Federal share shall apply to chapter 53 funds used

for highway projects.

(l) ADDITIONAL REQUIREMENTS FOR CERTAIN

NONATTAINMENT AREAS.—Notwithstanding any

other provisions of this title or chapter 53 of

title 49, for transportation management areas

classified as nonattainment for ozone or carbon

monoxide pursuant to the Clean Air Act, Federal funds may not be programmed in such area

for any highway project that will result in a significant increase in carrying capacity for singleoccupant vehicles unless the project is part of

an approved congestion management system.

(m) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this section shall be construed

to confer on a metropolitan planning organization the authority to impose legal requirements

on any transportation facility, provider, or

project not eligible under this title or chapter 53

of title 49.

(n) REPROGRAMMING OF SET ASIDE FUNDS.—

Any funds set aside pursuant to section 104(f) of

this title that are not used for the purpose of

carrying out this section may be made available

by the metropolitan planning organization to

the State for the purpose of funding activities

under section 135.

(Added Pub. L. 87–866, §9(a), Oct. 23, 1962, 76 Stat.

1148; amended Pub. L. 91–605, title I, §143, Dec.

31, 1970, 84 Stat. 1737; Pub. L. 95–599, title I, §169,

Nov. 6, 1978, 92 Stat. 2723; Pub. L. 102–240, title I,

§1024(a), Dec. 18, 1991, 105 Stat. 1955; Pub. L.

102–388, title V, §502(b), Oct. 6, 1992, 106 Stat.

1566; Pub. L. 103–429, §3(5), Oct. 31, 1994, 108 Stat.

4377; Pub. L. 104–59, title III, §317, Nov. 28, 1995,

109 Stat. 588.)

REFERENCES IN TEXT

The date of the enactment of this section, referred to

in subsecs. (b)(2), (3) and (h)(4), probably means the date

of enactment of Pub. L. 102–240, which amended this

section generally and which was approved Dec. 18, 1991.

The Clean Air Act, referred to in subsecs. (b)(5)(B),

(c), (e), (g)(3), (j), and (l), is act July 14, 1955, ch. 360, 69

Stat. 322, as amended, which is classified generally to

chapter 85 (§7401 et seq.) of Title 42, The Public Health

and Welfare. For complete classification of this Act to

the Code, see Short Title note set out under section

7401 of Title 42 and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (h)(4), is Pub. L. 91–190, Jan. 1, 1970,

83 Stat. 852, as amended, which is classified generally

to chapter 55 (§4321 et seq.) of Title 42. For complete

classification of this Act to the Code, see Short Title

note set out under section 4321 of Title 42 and Tables.

Public Law 96–551, referred to in subsec. (i)(1), is Pub.

L. 96–551, Dec. 19, 1980, 94 Stat. 3233, which is not classified to the Code.

The Federal-Aid Highway Act of 1991, referred to in

subsec. (k), was not enacted into law. However, provisions referred to as the Federal-Aid Highway Act of

1991 were contained in several bills and are similar to

those appearing in part A of title I of Pub. L. 102–240,

Dec. 18, 1991, 105 Stat. 1914, which Act is known as the

Intermodal Surface Transportation Efficiency Act of

1991. For classification of that Act to the Code, see

Short Title of 1991 Amendment note set out under section 101 of Title 49, Transportation, and Tables.

AMENDMENTS

1995—Subsec. (f)(16). Pub. L. 104–59 added par. (16).

1994—Subsecs. (h)(5), (i)(3), (4). Pub. L. 103–429,

§3(5)(A), substituted ‘‘chapter 53 of title 49’’ for ‘‘the

Federal Transit Act’’.

Subsec. (i)(5). Pub. L. 103–429, §3(5)(B), substituted

‘‘section 5336 of title 49’’ for ‘‘section 9 of the Federal

Transit Act’’ in two places and ‘‘section 5306(a) of title

49’’ for ‘‘section 8(o) of the Federal Transit Act’’.

Subsec. (k). Pub. L. 103–429, §3(5)(C), (D), substituted

‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’

wherever appearing and ‘‘chapter 53 funds’’ for ‘‘Federal Transit Act funds’’.

Subsecs. (l), (m). Pub. L. 103–429, §3(5)(C), substituted

‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’.

1992—Subsec. (k). Pub. L. 102–388 inserted at end ‘‘The

provisions of title 23, United States Code, regarding the

non-Federal share shall apply to title 23 funds used for

transit projects and the provisions of the Federal Transit Act regarding non-Federal share shall apply to Federal Transit Act funds used for highway projects.’’

1991—Pub. L. 102–240 substituted section catchline for

one which read: ‘‘Transportation planning in certain

urban areas’’ and amended text generally, substituting

present provisions for provisions relating to transportation planning in certain urban areas, including provisions stating transportation objectives, requiring continuing comprehensive planning process by States and

local communities, and relating to redesignation of

metropolitan planning organizations, designation of

contiguous interstate areas as critical transportation

regions and corridors, establishment of planning bodies

for such regions and corridors, and authorization of appropriations.

1978—Subsec. (a). Pub. L. 95–599, §169(a), inserted provisions related to cooperation with local officials and

specific considerations in the planning process.

Subsecs. (b), (c). Pub. L. 95–599, §169(b), added subsec.

(b) and redesignated former subsec. (b) as (c).

1970—Pub. L. 91–605 designated existing provisions as

subsec. (a), inserted provision prohibiting a highway

construction project in any urban area of 50,000 or more
Page 107 TITLE 23—HIGHWAYS § 135

population unless responsible public officials of such

area have been consulted and their views considered

with respect to the corridor, the location, and the design of the project, and added subsec. (b).

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102–240 effective Dec. 18, 1991,

and applicable to funds authorized to be appropriated

or made available after Sept. 30, 1991, and, with certain

exceptions, not applicable to funds appropriated or

made available on or before Sept. 30, 1991, see section

1100 of Pub. L. 102–240, set out as a note under section

104 of this title.

DEMONSTRATION PROJECT FOR RESTRICTED ACCESS TO

CENTRAL BUSINESS DISTRICT OF METROPOLITAN AREAS

Section 155 of Pub. L. 95–599 authorized Secretary of

Transportation to carry out a demonstration project in

a metropolitan area respecting the restriction of access

of motor vehicles to the central business district during peak hours of traffic, authorized the necessary appropriations, and required progress reports and a final

report and recommendations not later than three years

after Nov. 6, 1978.

REDUCTION OF URBAN BLIGHT ADJACENT TO FEDERALAID PRIMARY AND INTERSTATE HIGHWAYS LOCATED IN

CENTRAL BUSINESS DISTRICTS

Section 159 of Pub. L. 95–599 directed Secretary to

conduct a study and submit a report to Congress not

later than two years after Nov. 6, 1978, respecting the

potential for reducing urban blight adjacent to Federal-aid primary and interstate highways located in

central business districts.

URBAN SYSTEM STUDY

Pub. L. 94–280, title I, §149, May 5, 1976, 90 Stat. 447,

directed Secretary of Transportation to conduct a

study of the factors involved in planning, selection,

etc., of Federal-aid urban system routes including an

analysis of organizations carrying out the planning

process, the status of jurisdiction over roads, programing responsibilities under local and State laws, and authority of local units, such study to be submitted to

Congress within six months of May 5, 1976.

FRINGE PARKING DEMONSTRATION PROJECTS

Pub. L. 90–495, §11, Aug. 23, 1968, 82 Stat. 820, authorized Secretary to approve construction of publicly

owned parking facilities under this title until June 30,

1971, as a demonstration project, authorized the Federal share of any project under this section to be 50%,

prevented approval of projects by the Secretary unless

the State or political subdivision thereof where the

project is located can construct, maintain, and operate

the facility, unless the Secretary has entered into an

agreement with the State or political subdivision governing the financing, maintenance, and operation of

the facility, and unless the Secretary has approved design standards for construction of the facility, defined

‘‘parking facilities’’, permitted a State or political subdivision to contract for the operation of such facility,

prohibited approval of the project by the Secretary unless it is carried on in accordance with section 134 of

this title (this section), and required annual reports to

Congress on the demonstration projects approved under

this section, prior to repeal by Pub. L. 91–605, title I,

§134(c), Dec. 31, 1970, 84 Stat. 1734. See section 137 of

this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 103, 104, 115, 133,

135, 149, 157, 217, 307 of this title; title 42 sections 7504,

7506; title 49 section 5305.

§ 135. Statewide planning

(a) GENERAL REQUIREMENTS.—It is in the national interest to encourage and promote the development of transportation systems embracing

various modes of transportation in a manner

that will serve all areas of the State efficiently

and effectively. Subject to section 134 of this

title, the State shall develop transportation

plans and programs for all areas of the State.

Such plans and programs shall provide for development of transportation facilities (including

pedestrian walkways and bicycle transportation

facilities) which will function as an intermodal

State transportation system. The process for developing such 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.

(b) COORDINATION WITH METROPOLITAN PLANNING; STATE IMPLEMENTATION PLAN.—In carrying

out planning under this section, a State shall

coordinate such planning with the transportation planning activities carried out under section 134 of this title for metropolitan areas of

the State and shall carry out its responsibilities

for the development of the transportation portion of the State implementation plan to the extent required by the Clean Air Act.

(c) STATE PLANNING PROCESS.—Each State

shall undertake a continuous transportation

planning process which shall, at a minimum,

consider the following:

(1) The results of the management systems

required pursuant to subsection (b).

(2) Any Federal, State, or local energy use

goals, objectives, programs, or requirements.

(3) Strategies for incorporating bicycle

transportation facilities and pedestrian walkways in projects where appropriate throughout

the State.

(4) International border crossings and access

to ports, airports, intermodal transportation

facilities, major freight distribution routes,

national parks, recreation and scenic areas,

monuments and historic sites, and military installations.

(5) The transportation needs of nonmetropolitan areas through a process that includes

consultation with local elected officials with

jurisdiction over transportation.

(6) Any metropolitan area plan developed

pursuant to section 134.

(7) Connectivity between metropolitan areas

within the State and with metropolitan areas

in other States.

(8) Recreational travel and tourism.

(9) Any State plan developed pursuant to the

Federal Water Pollution Control Act.

(10) Transportation system management and

investment strategies designed to make the

most efficient use of existing transportation

facilities.

(11) The overall social, economic, energy,

and environmental effects of transportation

decisions.

(12) Methods to reduce traffic congestion and

to prevent traffic congestion from developing

in areas where it does not yet occur, including

methods which reduce motor vehicle travel,

particularly single-occupant motor vehicle

travel.

(13) Methods to expand and enhance transit

services and to increase the use of such services.