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‘‘(1) SET-ASIDES.—Funds set aside under section 
104(f) of title 23 or section 5305(h) shall be available 
to carry out this section. 
‘‘(2) OTHER FUNDING.—Funds made available 
under section 5338(c) shall be available to carry out 
this section. 
‘‘(n) CONTINUATION
OF CURRENT REVIEW PRAC-
TICE.—Since plans and TIPs described in this section are 
subject to a reasonable opportunity for public comment, in-
dividual projects included in plans and TIPs are subject 
to review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), and decisions by the Sec-
retary concerning plans and TIPs 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 
TIP described in this section shall not be considered to be 
a Federal action subject to review under such Act. 
‘‘§ 5214. Statewide transportation planning 
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—
To accomplish the objectives stated in section 5211, 
each State shall develop a statewide transportation 
plan and a statewide transportation improvement 
program for all areas of the State subject to section 
5213. Such program shall cover a period of 4 years
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and be updated every 4 years or more frequently if 
the Governor elects to update more frequently. 
‘‘(2) CONTENTS.—The statewide transportation 
plan and the transportation improvement program 
developed for each State shall provide for the develop-
ment and integrated management and operation of 
transportation systems and facilities (including acces-
sible pedestrian walkways and bicycle transportation 
facilities) that will function as an intermodal trans-
portation 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 transpor-
tation improvement program shall provide for consid-
eration of all modes of transportation and the policies 
stated in section 5211, and shall be continuing, coop-
erative, and comprehensive to the degree appropriate, 
based on the complexity of the transportation prob-
lems 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 5213 for metropolitan areas
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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.). 
‘‘(d) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out a 
statewide transportation planning process that pro-
vides 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 effi-
ciency; 
‘‘(B) increase the safety and security of the 
transportation system for motorized and non-
motorized users; 
‘‘(C) increase the accessibility and mobility 
of people and freight; 
‘‘(D) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and
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local planned growth and economic development 
patterns; 
‘‘(E) 
enhance 
the 
integration 
and 
connectivity of the transportation system, across 
and between modes throughout the State, for peo-
ple and freight; 
‘‘(F) promote efficient system management 
and operation; and 
‘‘(G) emphasize the preservation of the exist-
ing transportation system. 
‘‘(2) FAILURE TO CONSIDER FACTORS.—The fail-
ure to consider any factor specified in paragraph (1) 
shall not be reviewable by any court under title 23 or 
this title, subchapter II of chapter 5 of title 5, or 
chapter 7 of title 5 in any matter affecting a state-
wide transportation plan, the transportation im-
provement program, a project or strategy, or the cer-
tification 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;
888
‘‘(2) the concerns of Indian tribal governments 
and Federal land management agencies that have ju-
risdiction 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 car-
ried 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 imple-
mentation of the intermodal transportation system of 
the State. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN
AREAS.—The state-
wide transportation plan shall be developed for 
each metropolitan area in the State in coopera-
tion with the metropolitan planning organiza-
tion designated for the metropolitan area under 
section 5213.
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‘‘(B) NONMETROPOLITAN AREAS.—With re-
spect to nonmetropolitan areas, the statewide 
transportation plan shall be developed in con-
sultation with affected nonmetropolitan officials 
with responsibility for transportation. The Sec-
retary shall not review or approve the consulta-
tion 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 con-
sultation with the tribal government and the 
Secretary of the Interior. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
In developing the statewide transportation plan, the 
State shall—
‘‘(A) provide citizens, affected public agen-
cies, representatives of public transportation em-
ployees, freight shippers, private providers of 
transportation, representatives of users of public 
transportation, representatives of users of pedes-
trian walkways and bicycle transportation fa-
cilities, representatives of the disabled, providers 
of freight transportation services, and other in-
890
terested parties with a reasonable opportunity to 
comment on the proposed plan; and 
‘‘(B) identify transportation strategies nec-
essary to efficiently serve the mobility needs of 
people. 
‘‘(4) FINANCIAL PLAN.—The statewide transpor-
tation plan may include a financial plan that dem-
onstrates how the adopted statewide transportation 
plan can be implemented, indicates resources from 
public and private sources that are reasonably ex-
pected 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 state-
wide transportation plan if reasonable additional re-
sources beyond those identified in the financial plan 
were available. 
‘‘(5) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE 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 (4). 
‘‘(6) EXISTING
SYSTEM.—The statewide trans-
portation plan should include capital, operations and
891
management strategies, investments, procedures, and 
other measures to ensure the preservation and most ef-
ficient use of the existing transportation system. 
‘‘(g) STATEWIDE
TRANSPORTATION
IMPROVEMENT 
PROGRAM.—
‘‘(1) DEVELOPMENT.—Each State shall develop a 
statewide transportation improvement program for 
all areas of the State. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—With respect 
to each metropolitan area in the State, the pro-
gram shall be developed in cooperation with the 
metropolitan planning organization designated 
for the metropolitan area under section 5213. 
‘‘(B) NONMETROPOLITAN AREAS.—With re-
spect 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 consulta-
tion 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
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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, pri-
vate providers of transportation, providers of freight 
transportation services, representatives of users of 
public transportation, representatives of users of pe-
destrian walkways and bicycle transportation facili-
ties, representatives of the disabled, and other inter-
ested parties with a reasonable opportunity to com-
ment on the proposed program. 
‘‘(4) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation im-
provement program developed under this sub-
section for a State shall include federally sup-
ported surface transportation expenditures with-
in the boundaries of the State. 
‘‘(B) PROJECTS
UNDER
CHAPTER
OF 
TITLE
23.—All projects proposed for funding 
under chapter 2 of title 23 shall be identified in-
dividually in the transportation improvement 
program.
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‘‘(C) 
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 met-
ropolitan transportation plan; and 
‘‘(iii) in conformance with the applica-
ble 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 that 
Act. 
‘‘(D) 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 rea-
sonably 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 trans-