Legislation, Regulations, and Guidance

In 1991 the Intermodal Surface Transportation Efficiency Act (ISTEA) extended the opportunity for public involvement into the transportation planning process. Subsequent legislation - the Transportation Equity Act for the 21st Century (TEA-21) in 1998 and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) in 2005 - continued to broaden opportunities for public participation in transportation decision-making.

Public Involvement: Key Legislation, Regulations, and Guidance

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59 (as passed by Congress and signed by President) August 10, 2005, FHWA SAFETEA-LU

Provisions in SAFETEA-LU

• Representatives of users of pedestrian walkways, bicycle transportation facilities, the disabled are specifically added as parties to be provided with the opportunity to participate in the statewide and metropolitan planning processes
• To enhance the public participation process, the State DOT and MPO should conduct public meetings at convenient and accessible locations at convenient times; employ visualization techniques to describe plans; and make public information available in an electronically accessible format such as on the Web
• The MPO is to develop a participation plan in consultation with interested parties that provides reasonable opportunities for all parties to comment

SAFETEA-LU Defines "interested parties"

Public Involvement Policy: Transportation Project Development and NEPA

Regulation

• United State Code (USC) Title 23, Sections 134 and 135
• United State Code (USC) Title 23, Sec. 128. Public hearings
• Code of Federal Regulations Title 23, Part 450
• National Environmental Policy Act
• FHWA Tribal Transportation, Consultation and Public Involvement Statutory/Regulatory Requirements: Working with Tribes within the Statewide/Metropolitan Transportation Planning Processes.
• Executive Order 12898: "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations".
• Executive Order 13166: "Improving Access to Services for Persons with Limited English Proficiency" August 11, 2000.

Past Legislation

• The Transportation Equity Act for the 21st Century (TEA-21) of 1998, Public Law 105-178, June 9, 1998, FHWA TEA-21.
• Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991, Pub. L. No. 102-240, December 18, 1991.
  • Intermodal Surface Transportation Efficiency Act of 1991 Information
• FHWA/FTA Questions and Answers on Public Involvement in Transportation Decisionmaking (1995)