Pub. L. 102-240, tit. I, pt. A, sec. 1025

STATEWIDE PLANNING.

EnactedYear: 1991Length: 1,336 wordsOfficial source
SEC. 1025. STATEWIDE PLANNING. (a) In General.— Section 135 of title 23, United States Code, is amended to read as follows: “§ 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 105 STAT. 1963will function as an inter modal 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. “(14) The effect of transportation decisions on land use and land development, including the need for consistency between transportation decisionmaking and the provisions of all applicable short-range and long-range land use and development plans. “(15) The transportation needs identified through use of the management systems required by section 303 of this title. “(16) Where appropriate, the use of innovative mechanisms for financing projects, including value capture pricing, tolls, and congestion pricing. 105 STAT. 1964 “(17) 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 identify those corridors for which action is most needed to prevent destruction or loss. “(18) Long-range needs of the State transportation system. “(19) Methods to enhance the efficient movement of commercial motor vehicles. “(20) The use of life-cycle costs in the design and engineering of bridges, tunnels, or pavement. “(d) Additional Requirements.— 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. “(e) Long-Range Plan.— 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. “(f) Transportation Improvement Program.— “(1) Development.— The State shall develop a transportation improvement program for all areas of the State. With respect to metropolitan areas of the State, the program shall be developed in cooperation with metropolitan planning organizations designated for metropolitan areas in the State under section 134. In developing the program, the Governor 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. “(2) Included projects.— A transportation improvement program for a State developed under this subsection shall include projects within the boundaries of the State which are proposed for funding under this title and the Federal Transit Act, which 105 STAT. 1965are consistent with the long-range plan developed under this section for the State, which are consistent with the metropolitan transportation improvement program, and which in areas designated as nonattainment for ozone or carbon monoxide under the Clean Air Act conform with the applicable State implementation plan developed pursuant to the Clean Air Act. 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 such project within the time period contemplated for completion of the project. The program shall also reflect the priorities for programming and expenditures of funds, including transportation enhancements, required by this title. “(3) Project selection for areas less than 50,000 population.— Projects undertaken in areas of less than 50,000 population (excluding projects undertaken on the National Highway System and pursuant to the bridge and Interstate maintenance programs) shall be selected by the State in cooperation with the affected local officials. Projects undertaken in such areas on the National Highway System or pursuant to the bridge and Inter-state maintenance programs shall be selected by the State in consultation with the affected local officials. “(4) Biennial review and approval.— A transportation improvement program developed under this subsection shall be reviewed and approved no less frequently than biennially by the Secretary. “(g) Funding.— Funds set aside pursuant to section 307(c)(1) of title 23, United States Code, shall be available to carry out the requirements of this section. “(h) Treatment of Certain State Laws as Congestion Management Systems.— For purposes of this section, section 134, and section 8 of the Federal Transit Act, United States Code, State laws, rules or regulations pertaining to congestion management systems or programs may constitute the congestion management system under this Act if the Secretary finds that the State laws, rules or regulations are consistent with, and fulfill the intent of, the purposes of this section, section 134 or section 8 of such Act, as appropriate.”. (b) Conforming Amendment.— The analysis for chapter 1 of such title is amended by striking the item relating to section 135 and inserting the following: “135. Statewide planning.”.
Pub. L. 102-240, tit. I, pt. A, sec. 1025: STATEWIDE PLANNING. | Justis AI