STATEWIDE PLANNING.

SEC. 1204. STATEWIDE PLANNING. (a) General Requirements.— Section 135(a) of title 23, United States Code, is amended to read as follows: “(a) General Requirements.— “(1) Findings.— It is in the national interest to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and through urbanized areas, while minimizing transportation-related fuel consumption and air pollution. “(2) Development of plans and programs.— Subject to section 134 of this title and sections 5303 through 5305 of title 49, each State shall develop transportation plans and programs for all areas of the State. “(3) Contents.— The plans and programs for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. “(4) Process of development.— The process for developing the 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 to be addressed.” . (b) Coordination With Metropolitan Planning; State Implementation Plan.— Section 135(b) of such title is amended by inserting after “of this title” the following: “and sections 5303 through 5305 of title 49”. (c) Scope of Planning Process.— Section 135(c) of such title is amended to read as follows: “(c) Scope of Planning Process.— “(1) In general.— Each State shall carry out a transportation planning process that provides for consideration of projects and strategies that will— “(A) support the economic vitality of the United States, the States, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency; “(B) increase the safety and security of the transportation system for motorized and nonmotorized users; “(C) increase the accessibility and mobility options available to people and for freight; “(D) protect and enhance the environment, promote energy conservation, and improve quality of life; “(E) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight; “(F) promote efficient system management and operation; and “(G) emphasize the preservation of the existing transportation system. “(2) Failure to consider factors.— The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting 112 STAT. 181a transportation plan, a transportation improvement plan, a project or strategy, or the certification of a planning process.”. (d) Additional Requirements.— Section 135(d) of such title is amended to read as follows: “(d) Additional Requirements.— In carrying out planning under this section, each State shall, at a minimum, consider— “(1) with respect to nonmetropolitan areas, the concerns of local elected officials representing units of general purpose local government; “(2) the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and “(3) coordination of transportation plans, programs, and planning activities with related planning activities being carried out outside of metropolitan planning areas.” . (e) Long-Range Transportation Plan.— Section 135(e) of such title is amended to read as follows: “(e) Long-Range Transportation Plan.— “(1) Development.— Each State shall develop a long-range 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.— With respect to each metropolitan area in the State, the long-range transportation plan shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134 of this title and section 5303 of title 49. “(B) Nonmetropolitan areas.— With respect to each nonmetropolitan area, the long-range transportation plan shall be developed in consultation with affected local officials with responsibility for transportation. “(C) Indian tribal areas.— With respect to each area of the State under the jurisdiction of an Indian tribal government, the long-range transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior. “(3) Participation by interested parties.— In developing the long-range transportation plan, the State shall— “(A) provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, private providers of transportation, representatives of users of public transit, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan; and “(B) identify transportation strategies necessary to efficiently serve the mobility needs of people. “(4) Financial plan.— The long-range transportation plan may include a financial plan that demonstrates how the adopted long-range transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the 112 STAT. 182adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. “(5) Selection of projects from illustrative list.— Notwithstanding paragraph (4), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (4).” . (f) State Transportation Improvement Program.— Section 135(f) of such title is amended to read as follows: “(f) State Transportation Improvement Program.— “(1) Development.— “(A) In general.— Each State shall develop a transportation improvement program for all areas of the State. “(B) Consultation with governments.— “(i) 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 of this title and section 5303 of title 49. “(ii) Nonmetropolitan areas.— “(I) In general.— With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected local officials with responsibility for transportation. “(II) Review.— Not later than 1 year after the date of enactment of this subclause, the State shall submit to the Secretary the details of the consultative planning process developed by the State for nonmetropolitan areas under subclause (I). The Secretary shall not review or approve such process. “(iii) 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. “(C) Participation by interested parties.— In developing the program, the Governor shall provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the proposed program. “(2) 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) Chapter 2 projects.— “(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 112 STAT. 183or identified individually in the transportation improvement program. “(C) Consistency with long-range transportation plan.— Each project shall be— “(i) consistent with the long-range transportation plan developed under this section for the State; “(ii) identical to the project as described in an approved metropolitan transportation improvement program; 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 nonattainment for ozone or carbon monoxide under such Act. “(D) Requirement of anticipated full funding.— 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. “(E) Financial plan.— The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the 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 transportation plan if reasonable additional resources beyond those identified in the financial plan were available. “(F) Selection of projects from illustrative list.— “(i) No required selection.— Notwithstanding subparagraph (E), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (E). “(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 (E) for inclusion in an approved transportation improvement program. “(G) Priorities.— The program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this title. “(3) 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 (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) shall be selected, from the approved statewide transportation improvement program, by the State in cooperation with the affected local officials. 112 STAT. 184 “(B) National highway system projects.— Projects carried out in areas described in subparagraph (A) on the National Highway System and projects carried out in such areas under the bridge program or the Interstate maintenance program shall be selected, from the approved statewide transportation improvement program, 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, on a finding that the planning process through which the program was developed is consistent with this section, section 134, and sections 5303 through 5305 of title 49, approved not less frequently than biennially by the Secretary. “(5) 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 statewide transportation improvement program in place of another project in the program.” . (g) Funding.— Section 134(g) of such title is amended by striking “section 307(c)(1)” and inserting “section 505(a)”. (h) Continuation of Current Review Practice.— Section 135 of such title is amended by adding at the end the following: “(i) Continuation of Current Review Practice.— Since plans and programs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the plans and programs 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 plans and programs 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 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.).” . (i) Participation of Local Elected Officials.— (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, 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.