23 U.S.C. § 135 (HIGHWAYS)
§ 135. Statewide and nonmetropolitan transportation planning
(a) General Requirements.—
(1) Development of plans and programs.—
Subject to section 134, to accomplish the objectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State.
(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 , bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter van pool providers) 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 134(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 134 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.—
Two or more States may 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 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;
(H) emphasize the preservation of the existing transportation system;
(I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and
(J) enhance travel and tourism.
(2) Performance-based approach.—
(A) In general.—
The statewide transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title and the general purposes described in section 5301 of title 49.
(B) Performance targets.—
(i) Surface transportation performance targets.—
(I) In general.—
Each State shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the State.
(II) Coordination.—
Selection of performance targets by a State shall be coordinated with the relevant metropolitan planning organizations to ensure consistency, to the maximum extent practicable.
(ii) Public transportation performance targets.—
In areas not represented by a metropolitan planning organization, selection of performance targets by a State shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d) of title 49.
(C) Integration of other performance-based plans.—
A State shall integrate into the statewide transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in this paragraph, in other State transportation plans and transportation processes, as well as any plans developed pursuant to chapter 53 of title 49 by providers of public transportation in areas not represented by a metropolitan planning organization required as part of a performance-based program.
(D) Use of performance measures and targets.—
The performance measures and targets established under this paragraph shall be considered by a State when developing policies, programs, and investment priorities reflected in the statewide transportation plan and statewide transportation improvement program.
(3) Failure to consider factors.—
The failure to take into consideration the factors specified in paragraphs (1) and (2) shall not be subject to review by any court under this title, chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, a statewide 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, at a minimum—
(1) with respect to nonmetropolitan areas, cooperate with affected local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m);
(2) consider the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and
(3) consider 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 134.
(B) Nonmetropolitan areas.—
(i) In general.—
With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m).
(ii) Role of secretary.—
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 to—
(i) nonmetropolitan local elected officials or, if applicable, through regional transportation planning organizations described in subsection (m), an opportunity to participate in accordance with subparagraph (B)(i); and
(ii) citizens, affected public agencies, representatives of public transportation employees, public ports, freight shippers, private providers of transportation (including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), 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 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) develop and document a consultative process to carry out subparagraph (A)(i) that is separate and discrete from the public involvement process developed under clause (ii);
(ii) hold any public meetings at convenient and accessible locations and times;
(iii) employ visualization techniques to describe plans; and
(iv) 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) a financial plan that—
(i) demonstrates how the adopted statewide transportation plan can be implemented;
(ii) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and
(iii) recommends any additional financing strategies for needed projects and programs; and
(B) 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) Performance-based approach.—
The statewide transportation plan shall include—
(A) a description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (d)(2); and
(B) a system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (d)(2), including progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports;
(8) 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, including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated.
(9) 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.—
(A) In general.—
Each State shall develop a statewide transportation improvement program for all areas of the State.
(B) Duration and updating of program.—
Each program developed under subparagraph (A) shall cover a period of 4 years and shall be updated every 4 years or more frequently if the Governor of the State 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 134.
(B) Nonmetropolitan areas.—
(i) In general.—
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 or, if applicable, through regional transportation planning organizations described in subsection (m).
(ii) Role of secretary.—
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, public ports, freight shippers, private providers of transportation (including intercity bus operators),,1 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) Performance target achievement.—
A statewide transportation improvement program shall include, to the maximum extent practicable, a discussion of the anticipated effect of the statewide transportation improvement program toward achieving the performance targets established in the statewide transportation plan, linking investment priorities to those performance targets.
(5) 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.—
(i) In general.—
An annual listing of projects for which funds have been obligated for 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.
(ii) Funding categories.—
The listing described in clause (i) shall be consistent with the funding categories identified in each metropolitan transportation improvement program.
(C) Projects under chapter 2.—
(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.
(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 (42 U.S.C. 7401 et seq.), if the project is carried out in an area designated as a nonattainment area for ozone, particulate matter, or carbon monoxide under part D of title I of that Act (42 U.S.C. 7501 et seq.).
(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.—
(i) In general.—
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.
(ii) Additional projects.—
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 title and chapter 53 of title 49.
(6) 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 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 this title or under sections 5310 and 5311 of title 49), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation or, if applicable, through regional transportation planning organizations described in subsection (m).
(B) Other projects.—
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 this title or under sections 5310, 5311, 5316,2 and 5317 2 of title 49 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.
(7) 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.
(8) 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 134.
(9) 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) Performance-based Planning Processes Evaluation.—
(1) In general.—
The Secretary shall establish criteria to evaluate the effectiveness of the performance-based planning processes of States, taking into consideration the following:
(A) The extent to which the State is making progress toward achieving, the performance targets described in subsection (d)(2), taking into account whether the State developed appropriate performance targets.
(B) The extent to which the State has made transportation investments that are efficient and cost-effective.
(C) The extent to which the State—
(i) has developed an investment process that relies on public input and awareness to ensure that investments are transparent and accountable; and
(ii) provides reports allowing the public to access the information being collected in a format that allows the public to meaningfully assess the performance of the State.
(2) Report.—
(A) In general.—
Not later than 5 years after the date of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating—
(i) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; and
(ii) the effectiveness of the performance-based planning process of each State.
(B) Publication.—
The report under subparagraph (A) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet.
(i) Funding.—
Funds apportioned under paragraphs (5)(D) and (6) of section 104(b) of this title and set aside under section 5305(g) of title 49 shall be available to carry out this section.
(j) Treatment of Certain State Laws as Congestion Management Processes.—
For purposes of this section and section 134, and sections 5303 and 5304 of title 49, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 134, and sections 5303 and 5304 of title 49, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 134 and sections 5303 and 5304 of title 49, as appropriate.
(k) 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 that 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 the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(l) Schedule for Implementation.—
The Secretary shall issue guidance on a schedule for implementation of the changes made by this section, taking into consideration the established planning update cycle for States. The Secretary shall not require a State to deviate from its established planning update cycle to implement changes made by this section. States shall reflect changes made to their transportation plan or transportation improvement program updates not later than 2 years after the date of issuance of guidance by the Secretary under this subsection.
(m) Designation of Regional Transportation Planning Organizations.—
(1) In general.—
To carry out the transportation planning process required by this section, a State may establish and designate regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide strategic long-range transportation plans and transportation improvement programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State.
(2) Structure.—
A regional transportation planning organization shall be established as a multijurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization.
(3) Requirements.—
A regional transportation planning organization shall establish, at a minimum—
(A) a policy committee, the majority of which shall consist of nonmetropolitan local officials, or their designees, and, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and
(B) a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support.
(4) Duties.—
The duties of a regional transportation planning organization shall include—
(A) developing and maintaining, in cooperation with the State, regional long-range multimodal transportation plans;
(B) developing a regional transportation improvement program for consideration by the State;
(C) fostering the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs;
(D) providing technical assistance to local officials;
(E) participating in national, multistate, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas;
(F) providing a forum for public participation in the statewide and regional transportation planning processes;
(G) considering and sharing plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, where appropriate, tribal organizations; and
(H) conducting other duties, as necessary, to support and enhance the statewide planning process under subsection (d).
(5) States without regional transportation planning organizations.—
If a State chooses not to establish or designate a regional transportation planning organization, the State shall consult with affected nonmetropolitan local officials to determine projects that may be of regional significance.
(Added Pub. L. 90–495, § 10(a), Aug. 23, 1968, 82 Stat. 820; amended Pub. L. 91–605, title I, §§ 106(g), 125, Dec. 31, 1970, 84 Stat. 1718, 1729; Pub. L. 93–87, title I, § 119, Aug. 13, 1973, 87 Stat. 259; Pub. L. 94–280, title I, § 123(a), May 5, 1976, 90 Stat. 439; Pub. L. 102–240, title I, § 1025(a), Dec. 18, 1991, 105 Stat. 1962; Pub. L. 103–429, § 3(6), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105–178, title I, § 1204(a)–(h), June 9, 1998, 112 Stat. 180–184; Pub. L. 109–59, title VI, § 6001(a), Aug. 10, 2005, 119 Stat. 1851; Pub. L. 112–141, div. A, title I, § 1202(a), July 6, 2012, 126 Stat. 514; Pub. L. 114–94, div. A, title I, §§ 1104(e)(3), 1202, Dec. 4, 2015, 129 Stat. 1332, 1374.)
heading: References in Text
text: The Clean Air Act, referred to in subsecs. (b)(2) and (g)(5)(D)(iii), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. Part D of title I of the Act is classified generally to subpart 1 (§ 7501 et seq.) of part D of subchapter I of chapter 85 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
Sections 5316 and 5317 of title 49, referred to in subsec. (g)(6)(B), were repealed by Pub. L. 112–141, div. B, § 20002(a), July 6, 2012, 126 Stat. 622.
The date of enactment of the MAP–21, referred to in subsec. (h)(2)(A), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title.
The National Environmental Policy Act of 1969, referred to in subsec. (k), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 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 4321 of Title 42 and Tables.
heading: Prior Provisions
text: A prior section 135, Pub. L. 89–139, § 4(a), Aug. 28, 1965, 79 Stat. 578, called for a highway safety program in each State approved by the Secretary, prior to repeal by Pub. L. 89–564, title I, § 102(a), Sept. 9, 1966, 80 Stat. 734. See section 402 of this title.
heading: Amendments
text: 2015—Subsec. (a)(2). Pub. L. 114–94, § 1202(1), substituted “, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter van pool providers” for “and bicycle transportation facilities”.
Subsec. (d)(1)(I), (J). Pub. L. 114–94, § 1202(2)(A), added subpars. (I) and (J).
Subsec. (d)(2)(A). Pub. L. 114–94, § 1202(2)(B)(i), substituted “and the general purposes described in section 5301 of title 49” for “and in section 5301(c) of title 49”.
Subsec. (d)(2)(B)(ii), (C). Pub. L. 114–94, § 1202(2)(B)(ii), (iii), struck out “urbanized” before “areas”.
Subsec. (f)(3)(A)(ii). Pub. L. 114–94, § 1202(3)(A), inserted “public ports,” before “freight shippers,” and “(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “private providers of transportation”.
Subsec. (f)(7). Pub. L. 114–94, § 1202(3)(B), substituted “shall” for “should” in introductory provisions.
Subsec. (f)(8). Pub. L. 114–94, § 1202(3)(C), inserted before period at end “, including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated”.
Subsec. (g)(3). Pub. L. 114–94, § 1202(4), inserted “public ports,” before “freight shippers” and “(including intercity bus operators),” after “private providers of transportation”.
Subsec. (i). Pub. L. 114–94, § 1104(e)(3), substituted “paragraphs (5)(D) and (6) of section 104(b)” for “section 104(b)(5)”.
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to statewide transportation planning.
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to statewide transportation planning for provisions relating to, in subsec. (a), development of plans and programs by each State, in subsec. (b), coordination of State with Federal planning, in subsec. (c), scope of planning process, in subsec. (d), additional minimum requirements for each State to consider, in subsec. (e), development of a long-range transportation plan, in subsec. (f), development of a State transportation improvement program, in subsec. (g), funding, in subsec. (h), treatment of certain State laws as congestion management systems, and, in subsec. (i), review of plans and programs under the National Environmental Policy Act of 1969.
1998—Subsec. (a). Pub. L. 105–178, § 1204(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “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.”
Subsec. (b). Pub. L. 105–178, § 1204(b), inserted “and sections 5303 through 5305 of title 49” after “section 134 of this title”.
Subsec. (c). Pub. L. 105–178, § 1204(c), amended heading and text of subsec. (c) generally, substituting provisions relating to scope of planning process for provisions relating to considerations to be involved in State’s continuous transportation planning process.
Subsec. (d). Pub. L. 105–178, § 1204(d), reenacted heading without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows: “Each State in carrying out planning under this section shall, at a minimum, consider the following:
“(1) The coordination of transportation plans and programs developed for metropolitan areas of the State under section 134 with the State transportation plans and programs developed under this section and the reconciliation of such plans and programs as necessary to ensure connectivity within transportation systems.
“(2) Investment strategies to improve adjoining State and local roads that support rural economic growth and tourism development, Federal agency renewable resources management, and multipurpose land management practices, including recreation development.
“(3) The concerns of Indian tribal governments having jurisdiction over lands within the boundaries of the State.”
Subsec. (e). Pub. L. 105–178, § 1204(e), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The State shall develop a long-range transportation plan for all areas of the State. With respect to metropolitan areas of the State, the plan shall be developed in cooperation with metropolitan planning organizations designated for metropolitan areas in the State under section 134. With respect to areas of the State under the jurisdiction of an Indian tribal government, the plan shall be developed in cooperation with such government and the Secretary of the Interior. In developing the plan, the State 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 plan. In addition, the State shall develop a long-range plan for bicycle transportation and pedestrian walkways for appropriate areas of the State which shall be incorporated into the long-range transportation plan.”
Subsec. (f). Pub. L. 105–178, § 1204(f), amended heading and text of subsec. (f) generally. Prior to amendment, text related to transportation improvement programs, including program development, requirement for inclusion of certain projects for State transportation improvement program, project selection for areas less than 50,000 population, and requirement of biennial review and approval.
Subsec. (g). Pub. L. 105–178, § 1204(g), which directed substitution of “section 505(a)” for “section 307(c)(1)” in section 134(g), was executed by making the substitution in subsec. (g) of this section to reflect the probable intent of Congress.
Subsec. (i). Pub. L. 105–178, § 1204(h), added subsec. (i).
1994—Subsec. (f)(2). Pub. L. 103–429, § 3(6)(A), substituted “chapter 53 of title 49” for “the Federal Transit Act”.
Subsec. (h). Pub. L. 103–429, § 3(6)(B), substituted “sections 5303–5306 and 5323(k) of title 49” for “section 8 of the Federal Transit Act, United States Code” and “section 8 of such Act”.
1991—Pub. L. 102–240 substituted section catchline for one which read: “Traffic operations improvement programs”, and amended text generally. Prior to amendment, text read as follows:
“(a) The Congress hereby finds and declares it to be in the national interest that each State shall have a continuing program designed to reduce traffic congestion and facilitate the flow of traffic.
“(b) The Secretary may approve under this section any project for improvements on any public road which project will directly facilitate and control traffic flow on any of the Federal-aid systems.”
1976—Pub. L. 94–280 struck out introductory words “Urban area” in section catchline.
Subsec. (a). Pub. L. 94–280 struck out “within the designated boundaries of urban areas of the State” and “in the urban areas” after “continuing program” and “flow of traffic”, respectively.
Subsec. (b). Pub. L. 94–280 substituted “any project for improvements on any public road which project will directly facilitate and control traffic flow on any of the Federal-aid systems” for “any project on an extension of the Federal-aid primary or secondary system in urban areas and on the Federal-aid urban system for improvements which directly facilitate and control traffic flow, such as grade separation of intersections, widening of lanes, channelization of traffic, traffic control systems, and loading and unloading ramps. If such project is located in an urban area of more than fifty thousand population, such project shall be based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title”.
Subsec. (c). Pub. L. 94–280 struck out subsec. (c) which provided for an annual report by the Secretary on proj­ects approved under this section with recommendations for further improvement of traffic operations in accordance with this section.
1973—Subsecs. (c), (d). Pub. L. 93–87 struck out subsec. (c) which provided for apportionment of sums authorized to carry out this section in accordance with section 104(b)(3) of this title, and redesignated subsec. (d) as (c).
1970—Subsec. (b). Pub. L. 91–605 inserted reference to the Federal-aid urban system and required that projects under this section be based on a continuing comprehensive transportation planning process carried on in accordance with section 134 of this title only in urban areas of more than fifty thousand population.
heading: Effective Date of 2015 Amendment
text: Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
heading: Effective Date of 1991 Amendment
text: 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.
heading: Effective Date
text: Section effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as an Effective Date of 1968 Amendment note under section 101 of this title.
heading: Participation of Local Elected Officials
text: Pub. L. 105–178, title I, § 1204(i), June 9, 1998, 112 Stat. 184, provided that:
“(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 [June 9, 1998], 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.”
heading: Advanced Travel Forecasting Procedures Program
text: Pub. L. 109–59, title V, § 5512, Aug. 10, 2005, 119 Stat. 1828, as amended by Pub. L. 110–244, title I, § 111(g)(2), June 6, 2008, 122 Stat. 1605, provided that:
“(a) Continuation and Acceleration of TRANSIMS Deployment.—
“(1) In general.—
The Secretary [of Transportation] shall accelerate the deployment of the advanced transportation model known as the ‘Transportation Analysis Simulation System’ (in this section referred to as ‘TRANSIMS’), developed by the Los Alamos National Laboratory.
“(2) Program application.—
The purpose of the program is to assist State departments of transportation and metropolitan planning organizations—
“(A) to implement TRANSIMS;
“(B) to develop methods for TRANSIMS applications to transportation planning, air quality analysis, regulatory compliance, and response to natural disasters and other transportation disruptions; and
“(C) to provide training and technical assistance for the implementation of TRANSIMS.
“(b) Required Activities.—
The Secretary [of Transportation] shall use funds made available to carry out this section to—
“(1) provide funding to State departments of transportation and metropolitan planning organizations serving transportation management areas designated under chapter 52 [53] of title 49, United States Code, representing a diversity of populations, geographic regions, and analytic needs to implement TRANSIMS;
“(2) develop methods to demonstrate a wide spectrum of TRANSIMS applications to support local, metropolitan, statewide transportation planning, including integrating highway and transit operational considerations into the transportation Planning process, and estimating the effects of induced travel demand and transit ridership in making transportation conformity determinations where applicable;
“(3) provide training and technical assistance with respect to the implementation and application of TRANSIMS to States, local governments, and metropolitan planning organizations with responsibility for travel modeling;
“(4) to further develop TRANSIMS for additional applications, including—
“(A) congestion analyses;
“(B) major investment studies;
“(C) economic impact analyses;
“(D) alternative analyses;
“(E) freight movement studies;
“(F) emergency evacuation studies;
“(G) port studies;
“(H) airport access studies;
“(I) induced demand studies; and
“(J) transit ridership analysis.
“(c) Eligible Activities.—
The program may support the development of methods to plan for the transportation response to chemical and biological terrorism and other security concerns.
“(d) Allocation of Funds.—
Not more than 75 percent of the funds made available to carry out this section may be allocated to activities described in subsection (b)(1).
“(e) Funding.—
Of the amounts made available by section 5101(a)(1) of this Act [119 Stat. 1779], $2,625,000 for each of fiscal years 2006 through 2009 shall be available to carry out this section.”
Pub. L. 105–178, title I, § 1210, June 9, 1998, 112 Stat. 187, provided that:
“(a) Establishment.—
The Secretary shall establish an advanced travel forecasting procedures program—
“(1) to provide for completion of the advanced transportation model developed under the Transportation Analysis Simulation System (referred to in this section as ‘TRANSIMS’); and
“(2) to provide support for early deployment of the advanced transportation modeling computer software and graphics package developed under TRANSIMS and the program established under this section to States, local governments, and metropolitan planning organizations with responsibility for travel modeling.
“(b) Eligible Activities.—
The Secretary shall use funds made available under this section to—
“(1) provide funding for completion of core development of the advanced transportation model;
“(2) develop user-friendly advanced transportation modeling computer software and graphics packages;
“(3) provide training and technical assistance with respect to the implementation and application of the advanced transportation model to States, local governments, and metropolitan planning organizations with responsibility for travel modeling; and
“(4) allocate funds to not more than 12 entities described in paragraph (3), representing a diversity of populations and geographic regions, for a pilot program to enable transportation management areas designated under section 134(i) [now 134(k)] of title 23, United States Code, to convert from the use of travel forecasting procedures in use by the areas as of the date of enactment of this Act [June 9, 1998] to the use of the advanced transportation model.
“(c) Funding.—
“(1) In general.—
There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $4,000,000 for fiscal year 1998, $3,000,000 for fiscal year 1999, $6,500,000 for fiscal year 2000, $5,000,000 for fiscal year 2001, $4,000,000 for fiscal year 2002, and $2,500,000 for fiscal year 2003.
“(2) Allocation of funds.—
“(A) Fiscal years 1998 and 1999.—
For each of fiscal years 1998 and 1999, 100 percent of the funds made available under paragraph (1) shall be allocated to activities as described in paragraphs (1), (2), and (3) of subsection (b).
“(B) Fiscal years 2000 through 2003.—
For each of fiscal years 2000 through 2003, not more than 50 percent of the funds made available under paragraph (1) may be allocated to activities described in subsection (b)(4).
“(3) Contract authority.—
Funds authorized under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of—
“(A) any activity described in paragraph (1), (2), or (3) of subsection (b) shall not exceed 100 percent; and
“(B) any activity described in subsection (b)(4) shall not exceed 80 percent.”
heading: Demonstration Project for Automated Roadway Management System
text: Pub. L. 95–599, title I, § 154, Nov. 6, 1978, 92 Stat. 2716, authorized the Secretary of Transportation to carry out a demonstration project for the use of an automated roadway management system to increase roadway capacity without adding additional lanes of pavement and authorized appropriations for fiscal years 1979 to 1981.
heading: Traffic Control Signalization Demonstration Projects
text: Pub. L. 94–280, title I, § 146, May 5, 1976, 90 Stat. 446, authorized the Secretary of Transportation to carry out traffic control signalization demonstration projects, appropriated funds for fiscal years 1977 and 1978, and required participating States and the Secretary to submit reports on the progress of such projects.
heading: Authorization of Appropriations
text: Pub. L. 89–285, title III, § 304, Oct. 22, 1965, 79 Stat. 1033, as amended by Pub. L. 97–449, § 2(a), Jan. 12, 1983, 96 Stat. 2439, authorized an appropriation of $500,000 to the Secretary for highway safety programs under this section.
heading: Definitions
text: For additional definitions of terms used in this section, see section 134 of this title.