Home | Extensions | SAFETEA | Senate | House | Conference | Press Releases | Related Links | Clocks
 

The Safe, Accountable, Flexible and Efficient
Transportation Equity Act of 2003

TITLE VI-- TRANSPORTATION PLANNING; INTERMODAL FACILITIES

SEC. 6001. TRANSPORTATION PLANNING. [Analysis]

(a) IN GENERAL.--Subtitle III of title 49, United States Code, is amended by adding the following after chapter 51:

"CHAPTER 52-TRANSPORTATION PLANNING

"Sec.
"5201. Policy.
"5202. Definitions.
"5203. Metropolitan transportation planning.
"5204. Statewide transportation planning.

"§ 5201. Policy

"(a) It is in the national interest to--

"(1) 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 between States and urbanized areas, while minimizing transportation-related fuel consumption and air and water pollution through metropolitan and statewide transportation planning processes identified in this chapter;

"(2) encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State Departments of Transportation, and public transit operators through the use of performance-based approaches in the development of transportation plans and investments as guided by the planning factors identified in subsection 5203(f) and 5204(d) of this chapter; and

"(3) encourage private enterprise participation in projects and transportation services.

"(b) The provisions of sections 5203-5204 of this chapter shall be jointly administered by the Federal Highway and Federal Transit Administrators.
"§ 5202. Definitions

"(a) Unless otherwise specified in subsection (b), the definitions in section 101(a) of title 23 and section 5302 of this title are applicable to this chapter.

"(b) As used in this chapter--

"(1) CONSULTATION.- The term "consultation" means that one party confers with another identified party in accordance with an established process and, prior to taking action(s), considers that party's views and periodically informs that party about action(s) taken.

"(2) METROPOLITAN PLANNING AREA.-The term "metropolitan planning area" means the geographic area determined by agreement between the metropolitan planning organization and the Governor as defined in section 5203(c) of this title.

"(3) METROPOLITAN PLANNING ORGANIZATION (MPO).-The term "metropolitan planning organization" means the Policy Board of the organization created as a result of the designation process defined in section 5203(b) of this title.

"(4) NON-METROPOLITAN AREA.--The term "non-metropolitan area" means the geographic area outside designated metropolitan planning areas.

"(5) NON-METROPOLITAN LOCAL OFFICIAL.--The term "non-metropolitan local official" means elected and appointed officials of general purpose local government, in non-metropolitan areas, with jurisdiction/responsibility for transportation.

"(6) URBANIZED AREA.--The term "urbanized area" means a geographic area with a population of 50,000 or more, as designated by the Bureau of the Census.

"(7) STATE.--The term "State" means a State of the United States, the District of Columbia, and Puerto Rico.
§ 5203. Metropolitan transportation planning

"(a) GENERAL REQUIREMENTS.-

"(1) DEVELOPMENT OF PLANS.-To accomplish the objectives stated in section 5201, metropolitan planning organizations designated under subsection (b) of this section, in cooperation with the State and public transportation operators, shall develop transportation plans for metropolitan planning areas of the State.

"(2) CONTENTS.-The plans for each metropolitan area 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 metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States.

"(3) PROCESS OF DEVELOPMENT.-The process for developing the plans 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.

"(4) PLANNING AND PROJECT DEVELOPMENT. - The metropolitan planning organization, the State Department of Transportation, and the appropriate public transportation provider shall agree upon the approaches that will be used to evaluate alternatives and identify transportation improvements that address the most complex problems and pressing transportation needs in the metropolitan area.

"(b) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.--

"(1) IN GENERAL.-To carry out the transportation planning process required by this section, a metropolitan planning organization (MPO) shall be designated for each urbanized area with a population of more than 50,000 individuals-

"(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as named by the Bureau of the Census); or

"(B) in accordance with procedures established by applicable State or local law.

"(2) STRUCTURE.-Each metropolitan planning organization that serves an area identified as a transportation management area, when designated or redesignated under this subsection, shall consist of-

"(A) local elected officials;

"(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and

"(C) appropriate State officials.

"(3) LIMITATION ON STATUTORY CONSTRUCTION.-Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities to-

"(A) develop plans and programs for adoption by a metropolitan planning organization; and

"(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.

"(4) CONTINUING DESIGNATION.-A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).

"(5) REDESIGNATION PROCEDURES.-A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as named by the Bureau of the Census) as appropriate to carry out this section.

"(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING ORGANIZATION.-More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate.

"(c) METROPOLITAN PLANNING AREA BOUNDARIES.-

"(1) IN GENERAL.-For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor.

"(2) INCLUDED AREA.-Each metropolitan planning area-

"(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and

"(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Office of Management and Budget.

"(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN EXISTING PLANNING AREA BOUNDARIES.--The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization.

"(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.--Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the boundaries of the metropolitan planning area in existence as of the date of enactment of this paragraph shall be retained, except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (c)(5).

"(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.--In the case of an urbanized area designated after the date of enactment of this paragraph in a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area-

"(A) shall be established in the manner described in subsection (b)(1);

"(B) shall encompass the areas described in paragraph (c)(2)(A);

"(C) may encompass the areas described in paragraph (c)(2)(B); and

"(D) may address any nonattainment identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.

"(d) COORDINATION IN MULTISTATE AREAS.-

"(1) IN GENERAL.-The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area.

"(2) INTERSTATE COMPACTS.-The consent of Congress is granted to any 2 or more States-

"(A) to 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 as the activities pertain to interstate areas and localities within the States; and

"(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective.

"(3) LAKE TAHOE REGION.-

"(A) DEFINITION.-In this paragraph, the term "Lake Tahoe region" has the meaning given the term "region" in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96-551 (94 Stat. 3234).

"(B) TRANSPORTATION PLANNING PROCESS.-The Secretary shall-

"(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and

"(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 5204.

"(C) INTERSTATE COMPACT.-

"(i) IN GENERAL.-Subject to clause (ii), notwithstanding subsection (b), to carry out the transportation planning process required by this section, the consent of Congress is granted to the States of California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and Nevada and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities (as defined by the Bureau of the Census)), or in accordance with procedures established by applicable State or local law.

"(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT AGENCIES.-

"(I) REPRESENTATION.-The policy board of a metropolitan planning organization designated under clause (i) shall include a representative of each Federal land management agency that has jurisdiction over land in the Lake Tahoe region.

"(II) FUNDING.-In addition to funds made available to the metropolitan planning organization under other provisions of title 23 and under chapter 53 of this title, not more than 1 percent of the funds allocated under section 202 of title 23 may be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.

"(D) ACTIVITIES.-Highway projects included in transportation plans developed under this paragraph-

"(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and

"(ii) may, in accordance with chapter 2 of title 23, be funded using funds allocated under section 202 of title 23.

"(e) COORDINATION OF MPOS.-

"(1) NONATTAINMENT AREAS.-If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act, each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans required by this section.

"(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE MPOS.-If a transportation improvement, funded from the highway trust fund, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans regarding the transportation improvement.

"(3) INTERREGIONAL AND INTERSTATE PROJECT IMPACTS.--Planning for NHS, commuter rail projects or other projects with substantial impacts outside a single metropolitan planning area or State shall be coordinated directly with the affected, contiguous MPOs and States.

"(4) COORDINATION WITH OTHER PLANNING PROCESSES.--The Secretary shall encourage each MPO to coordinate its planning process, to the maximum extent practicable, with those officials responsible for other types of planning activities that are affected by transportation, including State and local planned growth, economic development, environmental protection, airport operations, and freight. The metropolitan planning process shall develop transportation plans with due consideration of, and in coordination with, other related planning activities within the metropolitan area. This should include the design and delivery of transportation services within the metropolitan area that are provided by:

"(A) recipients of assistance under chapter 53 of this title;

"(B) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide non-emergency transportation services; and

"(C) recipients of assistance under section 204 of title 23.

"(f) SCOPE OF PLANNING PROCESS.-

"(1) IN GENERAL.- The goals and objectives developed through the metropolitan planning process for a metropolitan planning area under this section shall address the following factors as they relate to the performance of the metropolitan area transportation systems to:

"(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency, including through services provided by public and private operators;

"(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 for freight, including through services provided by public and private operators;

"(E) protect and enhance the environment, promote energy conservation, 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, for people and freight, including through services provided by public and private operators;

"(G) promote efficient system management and operation; and

"(H) emphasize the preservation of the existing transportation system, including services provided by public and private operators.

"(2) FAILURE TO CONSIDER FACTORS.-The failure 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 transportation plan, a transportation improvement plan, a project or strategy, or the certification of a planning process.

"(g) DEVELOPMENT OF TRANSPORTATION PLAN.-

"(1) IN GENERAL.-Each metropolitan planning organization shall prepare, and update at least every five years a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection.

"(2) TRANSPORTATION PLAN.-A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following:

"(A) An identification of transportation facilities (including but not necessarily limited to major roadways, transit, multimodal and intermodal facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (f) as such factors relate to a 20 year forecast period.

"(B) A financial plan that demonstrates how the adopted 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 adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. However, no illustrative project may be advanced without an action of the Secretary. For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator and State shall cooperatively develop estimates of funds that will be available to support plan implementation.

"(C) Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods.

"(D) Capital investment and other strategies to preserve the existing metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs.

"(E) Proposed transportation and transit enhancement activities.

"(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.-In metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act, the metropolitan planning organization shall coordinate the development of transportation plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act.

"(4) TRANSPORTATION CONFORMITY.--

"(A) For the purposes of Section 7506 of title 42, United States Code, the transportation plan shall be considered to be a transportation plan or a portion of a transportation plan, developed pursuant to this section that extends for the longest of the following periods:

"(i) the first 10-year period of any such plan, or

"(ii) the latest year in the area's applicable implementation plan which contains a motor vehicle emissions budget, or

"(iii) the completion date of a regionally significant project, if the project requires approval before the subsequent conformity determination.

"(B) A regional motor vehicle emissions analysis for the last year of the transportation plan shall be developed for information purposes only, if such year extends beyond the time frame established by subparagraph (A). The results of the analysis shall be provided to involved governors, the Administrator of the Environmental Protection Agency, and the Secretary of the Department of Transportation, and should be considered by air quality and transportation planning agencies in subsequent updates of air quality and transportation plans. The results of this analysis shall be made available to the public.

"(5) PARTICIPATION BY INTERESTED PARTIES.-Before the approval of a transportation plan by the Governor and metropolitan planning organization, each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, representatives of users of pedestrian walkways and bicycle transportation facilities, and other interested parties with a reasonable opportunity to comment on the transportation plan, in a manner that the Secretary deems appropriate.

"(6) APPROVAL OF TRANSPORTATION PLAN.-

"(A) Each transportation plan prepared by a metropolitan planning organization shall be-

"(i) approved by the MPO and

"(ii) submitted to the Governor for approval of the first five years of the plan.

"(B) The projects listed in the first five years of the plan may be selected for advancement consistent with the project selection requirements. Major amendments (addition, deletion, or concept and scope change of a regionally significant project) to this list would require appropriate public involvement, financial planning, transportation conformity analyses and a finding by the FHWA and FTA that the amended plan was produced in a manner consistent with this section.

"(7) INCLUDED PROJECTS. --

"(A) PROJECTS UNDER CHAPTER 1 OF TITLE 23 AND CHAPTER 53 OF TITLE 49.--A transportation plan developed under this section for a metropolitan area shall include the projects and strategies within the area that are proposed for funding under chapter 1 of title 23 and chapter 53 of title 49.

"(B) PROJECTS UNDER CHAPTER 2 OF TITLE 23.- REGIONALLY SIGNIFICANT PROJECTS.-Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the metropolitan transportation plan.

"(C) OTHER PROJECTS.-Projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the metropolitan transportation plan.

"(8) SELECTION OF PROJECTS.-

"(A) IN GENERAL.-Except as otherwise provided in subsection (h)(4) the selection of federally funded projects in metropolitan planning areas shall be carried out, from the approved transportation plan-

"(i) by-

"(I) in the case of projects under chapter 1 of title 23, the State;

"(II) in the case of projects under section 5307 of this title, the designated transit funding recipients; and

(III) in the case of projects under 5308, 5310, 5311, and 5317, the State; and

"(ii) in cooperation with the metropolitan planning organization.

"(B) MODIFICATIONS TO PROJECT PRIORITY.-Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project from the first five years of the plan included in the approved transportation plan in place of another project in the same five-year period.

"(9) PUBLICATION.-

"(A) PUBLICATION OF TRANSPORTATION PLAN.-A transportation plan involving federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review.

"(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.-An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding five years shall be published or otherwise made available by the cooperative effort of the State, transit operator and the metropolitan planning organization for public review. The listing shall be consistent with the funding categories identified in the first five years of the transportation plan.

"(h) TRANSPORTATION MANAGEMENT AREAS.-

"(1) REQUIRED IDENTIFICATION.-The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals.

"(2) TRANSPORTATION PLANS.-In a metropolitan planning area serving a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and transit operators.

"(3) CONGESTION MANAGEMENT SYSTEM.-Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under title 23 and chapter 53 of this title through the use of travel demand reduction and operational management strategies. The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than one-year after the identification of a transportation management area.

"(4) SELECTION OF PROJECTS.-

"(A) IN GENERAL.-All federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under title 23 (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under chapter 53 of this title shall be selected for implementation from the approved transportation plan by the metropolitan planning organization designated for the area in consultation with the State and any affected public transit operator.

"(B) NATIONAL HIGHWAY SYSTEM PROJECTS.-Projects, carried out within the boundaries of a metropolitan planning area serving a transportation management area, on the National Highway System and projects carried out within such boundaries under the bridge program or the Interstate maintenance program under title 23 shall be selected for implementation from the approved transportation plan by the State in cooperation with the metropolitan planning organization designated for the area.

"(5) CERTIFICATION.-

"(A) IN GENERAL.-The Secretary shall-

"(i) ensure that the metropolitan planning process of an MPO serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and

"(ii) subject to subparagraph (B), certify, not less often than once every 5 years that the requirements of this paragraph are met with respect to the metropolitan planning process.

"(B) REQUIREMENTS FOR CERTIFICATION.-The Secretary may make the certification under subparagraph (A) if-

"(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and

"(ii) there is a transportation plan for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor.

"(C) EFFECT OF FAILURE TO CERTIFY.-

"(i) WITHHOLDING OF PROJECT FUNDS.-If a metropolitan planning process of an metropolitan planning organization serving a TMA is not certified, the Secretary may withhold a portion or all of the funds available to metropolitan planning area of the metropolitan planning organization for projects funded under title 23 and chapter 53 of this title.

"(ii) RESTORATION OF WITHHELD FUNDS.-The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary.

"(D) REVIEW OF CERTIFICATION.-In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.

"(i) ABBREVIATED PLANS FOR CERTAIN AREAS.-

"(1) IN GENERAL.-Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area.

"(2) NONATTAINMENT AREAS.-The Secretary may not permit abbreviated plans for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).

"(j) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT AREAS.-

"(1) IN GENERAL.-Notwithstanding any other provisions of title 23 or chapter 53 of this title, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be advanced in such area for any highway project that will result in a significant increase in carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process.

"(2) APPLICABILITY.-This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (c).

"(k) LIMITATION ON STATUTORY CONSTRUCTION.-Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under title 23 or chapter 53 of this title.

"(l) FUNDING.-Funds set aside under section 104(f) of title 23 or section 5305(h) of this title shall be available to carry out this section.

"(m) CONTINUATION OF CURRENT REVIEW PRACTICE.-Since plans described in this section are subject to a reasonable opportunity for public comment, individual projects included in plans are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and decisions by the Secretary concerning plans described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a plan 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.).

"(n) RELATIONSHIP TO THE NEPA PROCESS.-

"(1) To expedite the planning and development of transportation improvements in compliance with this section and section 5204 and the National Environmental Policy Act (42 U.S.C. 4321 et seq.), to facilitate compliance with the Clean Water Act (33 U.S.C. 1251 et seq.) and other Federal environmental laws, and to fulfill the directive in section 1308 of the Transportation Equity Act for the 21st Century, Pub. L. 105-206, to integrate the major investment study requirement into the transportation planning and National Environmental Policy Act processes, the Secretary and heads of other Federal agencies shall presume that the results of studies developed as part of the planning process establish the basis for an environmental assessment or impact statement, provided that such studies, pursuant to the provisions of this section: 

"(A) are consistent with subsection (a)(4) of this section;

"(B) provided opportunities for citizens and interested parties to participate during the studies;

"(C) included consideration of an appropriate range of alternatives, such as alternative modes, technologies, general alignments, and policies; and

"(D) considered the planning factors of subsection (f)(1) .  

"(2) The results of studies developed as part of the planning process and that are presumed to establish the basis for an environmental assessment or impact statement, as described in subsection (1) of this section, include, but are not limited to: 

"(A) the purpose and need;

"(B) the alternatives selected for evaluation in an environmental assessment or impact statement; and

"(C) an assessment of environmental impacts related to development growth, including indirect and cumulative effects, that is consistent with local land use, growth management, or development plans.   

"(3) The results of studies developed during the planning process may be appended to or incorporated by reference in and used to substantiate an environmental assessment or impact statement.
"§ 5204. Statewide transportation planning

"(a) GENERAL REQUIREMENTS.-

"(1) DEVELOPMENT OF PLANS AND PROGRAMS.- To accomplish the objectives stated in section 5201, each State shall develop a statewide transportation plan and a statewide Transportation Improvement Program (STIP) for all areas of the State subject to section 5203.

"(2) CONTENTS.-The statewide transportation plan and the STIP developed 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.

"(3) PROCESS OF DEVELOPMENT.-The process for developing the statewide plan and the STIP shall provide for consideration of all modes of transportation and the policies stated in section 5201, 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 5203 of this title for metropolitan areas of the State and with other related Statewide planning activities such as trade and economic development and related multi-State planning efforts,

"(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.), and

"(3) participate in the integration of planning and environmental studies pursuant to section 5203(n) of this chapter.

"(c) INTERSTATE AGREEMENTS.- The consent of Congress is granted to 2 or more States entering 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.

"(d) SCOPE OF PLANNING PROCESS.-

"(1) IN GENERAL.-Each State shall carry out a Statewide transportation planning process that provides for consideration of projects, strategies and implementing projects and services that will-

"(A) support the economic vitality of the United States, the States, non-metropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency;

"(B) increase the safety of the transportation system for motorized and non-motorized 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, promote consistency between transportation improvements and State and local planned growth and economic development patterns, and improve the quality of life;

"(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; and

"(H) emphasize the preservation of the existing transportation system.

"(2) FAILURE TO CONSIDER FACTORS.-The failure to consider any factor specified in paragraph (1) of this subsection 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 statewide transportation plan, the STIP, a project or strategy, or the certification 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 non-metropolitan areas, the concerns of affected local officials with responsibility for transportation;

"(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, the STIP , and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States;

"(f) STATEWIDE TRANSPORTATION PLAN.-

"(1) DEVELOPMENT.-Each State shall develop a statewide transportation plan, with a minimum 20-year forecast period, updated at least every five years, 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 5203.

"(B) NON-METROPOLITAN AREAS.-With respect to non-metropolitan areas, the statewide transportation plan shall be developed in consultation with affected non-metropolitan officials with responsibility for transportation. 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.

"(3) PARTICIPATION BY INTERESTED PARTIES.-In developing the statewide transportation plan, the State shall-

"(A) provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, 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 statewide transportation plan may include a financial plan that demonstrates how the adopted statewide 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 adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available.

"(5) 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 (4).

"(6) 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.

"(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM (STIP).--

"(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 program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 5203.

"(B) NON-METROPOLITAN AREAS.-With respect to each non-metropolitan area in the State, the program shall be developed in consultation with affected non-metropolitan local officials with responsibility for transportation. 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, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transit, representatives of users of pedestrian walkways and bicycle transportation facilities, and other interested parties with a reasonable opportunity to comment on the proposed program.

"(4) 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. The program shall cover a minimum of five years, identify projects by year, be fiscally constrained by year, and be updated at least every five years. An annual listing of projects for which funds have been obligated in the preceding five years 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. Regionally significant projects proposed for funding under chapter 2 of title 23 shall be identified individually in the transportation improvement program. Other projects proposed for funding under chapter 2 of title 23 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually. The listing shall be consistent with the funding categories identified in the first five years of each metropolitan transportation plan.

"(B) 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 each year of the initial five years of 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 nonattainment for ozone or carbon monoxide under that Act.

"(C) REQUIREMENT OF ANTICIPATED FULL FUNDING.-The STIP 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.

"(D) FINANCIAL PLAN.-The STIP may include a financial plan that demonstrates how the approved STIP can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the STIP, 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.

"(E) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.--

"(i) NO REQUIRED SELECTION.--Notwithstanding subparagraph (D), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (D).

"(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 (D) for inclusion in an approved STIP.

"(F) PRIORITIES.-The STIP shall reflect the priorities for programming and expenditures of funds, including transportation and transit enhancement activities, required by title 23 and chapter 53 of this title, and transportation control measures included in the State's air quality implementation plan.

"(5) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000 POPULATION.-Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved STIP (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under title 23 or sections 5308, 5310, 5311, and 5317 of this title), by the State in cooperation with the affected non-metropolitan local officials with responsibility for transportation. 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 title 23 or under sections 5308, 5310, 5311, and 5317 of this title shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected local officials with responsibility for transportation.

"(6) STIP APPROVAL.-A STIP developed under this subsection shall be reviewed and based on a current Planning Finding approved at least every five years by the Secretary.

"(7) PLANNING FINDING.-A finding shall be made by the Secretary at least every five years that the transportation planning process(es) through which statewide transportation plans and programs are developed are consistent with this section and section 5203.

"(8) 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 STIP in place of another project in the program.

"(h) FUNDING.-Funds set aside pursuant to section 104(i) of title 23 and 5305(h) of this title shall be available to carry out this section.

"(i) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION MANAGEMENT SYSTEMS.-For purposes of this section and section 5203 of this title, State laws, rules or regulations pertaining to congestion management systems or programs may constitute the congestion management system under section 5203(h)(3) if the Secretary finds that the State laws, rules or regulations are consistent with, and fulfill the intent of, the purposes of section 5203, as appropriate.

"(j) CONTINUATION OF CURRENT REVIEW PRACTICE.-Since the statewide transportation plan and the STIP described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the STIP 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 STIP described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the STIP 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.).

"(k) INTEGRATION OF PLANNING AND ENVIRONMENTAL STUDIES.-section 5203(n) of this chapter shall also apply to the planning process established under this section, except that the planning factors to be considered shall be those set forth in subsection (d) of this section.".

(b) CONSISTENCY OF CONFORMITY TIMING WITH THE TRANSPORTATION PLAN.-- Section 7506(c)(4) of title 42, United States Code, is amended--

(1) in subparagraph (B)(ii) by striking ", but in no case shall such determinations for transportation plans and programs be less frequent than every three years", and inserting "but the frequency for making conformity determinations for transportation plans must be consistent with subparagraph (E)"; and

(2) by inserting after subparagraph (D) the following:

"(E) The frequency for making conformity determinations on updated transportation plans shall be every five years, except when:

"(i) the metropolitan planning organization chooses to update a transportation plan more frequently, or

"(ii) changes to the applicable implementation plan trigger a new conformity determination, as provided in regulations promulgated by the Administrator pursuant to subparagraph (A) above.".

(c) CONFORMING CLARIFICATION.-- Upon date of enactment of this Act, the references to "program" and "improvement program" in section 7506 of title 42, United States Code, shall refer to the transportation plan developed pursuant to section 5203 of title 49, United States Code.

(d) STREAMLINED STATE CONFORMITY RULE REQUIREMENTS.--
Section 7506(c)(4)(C) of title 42, United States Code, is amended to read as follows:

"(C) Such procedures shall also include a requirement that each State shall submit to the Administrator and the Secretary of Transportation, within 24 months of such date of enactment, a revision to its implementation plan that includes criteria and procedures for consultation in accordance with the Administrator's criteria and procedures for consultation required by subparagraph (B)(i) of this paragraph.".

(e) CONFORMING AMENDMENTS.--(1) The Table of chapters for title 49, United States Code, is amended by inserting the following after the item relating to chapter 51:
"52. Transportation Planning....................5201".

(2) The chapter analysis for Subtitle III of title 49, United States Code, is amended by inserting the following after the item relating to chapter 51:
"52. Transportation Planning..................5201".

SEC. 6002. INTERMODAL PASSENGER FACILITIES. [Analysis]

(a) IN GENERAL.-Chapter 55 of title 49, United States Code, is amended by adding the following at the end:

"SUBCHAPTER III-INTERMODAL PASSENGER FACILITIES

"§ 5571. Policy and purposes

"(a) DEVELOPMENT AND ENHANCEMENT OF INTERMODAL PASSENGER FACILITIES.-It is in the economic interest of the United States to improve the efficiency of public surface transportation modes by ensuring their connection with and access to intermodal passenger terminals, thereby streamlining the transfer of passengers among modes, enhancing travel options, and increasing passenger transportation operating efficiencies.

"(b) GENERAL PURPOSES.-The purposes of this subchapter are to accelerate intermodal integration among North America's passenger transportation modes through--

"(1) assuring intercity public transportation access to intermodal passenger facilities;

"(2) encouraging the development of an integrated system of public transportation information; and

"(3)providing intercity bus intermodal passenger facility grants.
"§ 5572. Definitions

"In this Subchapter--

"(1) 'capital project' means a project for --

"(A) acquiring, constructing, improving, or renovating an intermodal facility that is related physically and functionally to intercity bus service and establishes or enhances coordination between intercity bus service and transportation, including aviation, commuter rail, intercity rail, public transportation, seaports, and the National Highway System, such as physical infrastructure associated with private bus operations at existing and new intermodal facilities, including special lanes, curb cuts, ticket kiosks and counters, baggage and package express storage, employee parking, office space, security, and signage; and

"(B) establishing or enhancing coordination between intercity bus service and transportation, including aviation, commuter rail, intercity rail, public transportation, and the National Highway System through an integrated system of public transportation information.

"(2) 'commuter service' means service designed primarily to provide daily work trips within the local commuting area.

"(3) 'intercity bus service' means regularly scheduled bus service for the general public which operates with limited stops over fixed routes connecting two or more urban areas not in close proximity, which has the capacity for transporting baggage carried by passengers, and which makes meaningful connections with scheduled intercity bus service to more distant points, if such service is available and may include package express service, if incidental to passenger transportation, but does not include air, commuter, water or rail service.

"(4) 'intermodal passenger facility' means passenger terminal that does, or can be modified to, accommodate several modes of transportation and related facilities, including some or all of the following: intercity rail, intercity bus, commuter rail, intra-city rail transit and bus transportation, airport limousine service and airline ticket offices, rent-a-car facilities, taxis, private parking, and other transportation services.

"(5) 'local governmental authority' includes-

"(A) a political subdivision of a State;

"(B) an authority of at least one State or political subdivision of a State;

"(C) an Indian tribe; and

"(D) a public corporation, board, or commission established under the laws of the State.

"(6) 'owner or operator of a public transportation facility' means an owner or operator of intercity-rail, intercity-bus, commuter-rail, commuter-bus, rail-transit, bus-transit, or ferry services.

"(7) 'recipient' means a State or local governmental authority or a nonprofit organization that receives a grant to carry out this section directly from the Federal government.

"(8) 'Secretary' means the Secretary of Transportation.

"(9) 'state' means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.

"(10) 'urban area' means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality.
"§ 5573. Assurance of access to intermodal passenger facilities

"Intercity buses and other modes of transportation shall, to the maximum extent practicable, have access to publicly funded intermodal passenger facilities including, but not limited to, those passenger facilities seeking funding under Section 5574.
"§ 5574. Intercity bus intermodal passenger facility grants

"(a) GENERAL AUTHORITY.-The Secretary of Transportation may make grants under this section to recipients in financing a capital project, as defined in section 5572 of this chapter, only if the Secretary finds that the proposed project is justified and has adequate financial commitment.

"(b) COMPETITIVE GRANT SELECTION.-The Secretary shall conduct a national solicitation for applications for grants under this section. Grantees shall be selected on a competitive basis.

"(c) SHARE OF NET PROJECT COSTS.-(1) A grant shall not exceed 50 percent of the net project cost, as determined by the Secretary.

"(2) The portion of the net costs of an eligible project that is not funded under this section shall be from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital and may include up to 30 percent from amounts appropriated to or made available to a department or agency of the Federal government that are eligible to be expended for transportation.

"(d) REGULATIONS.--The Secretary may issue regulations necessary to carry out this section.

5575. Funding

"(a) MASS TRANSIT ACCOUNT.--(1) FUNDING.--To carry out this Subchapter, there is authorized to be appropriated for each of fiscal years 2005 through 2009 from the Mass Transit Account of the Highway Trust Fund the amounts made available under section 5338(a)(2)(O) of this title.

"(2) CONTRACTUAL OBLIGATIONS.--A grant approved by the Secretary of Transportation that is financed with amounts made available under subsection (a) of this section is a contractual obligation of the United States Government to pay the Government's share of the cost of the project.

"(b) HIGHWAY ACCOUNT.--(1) There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subchapter $10,000,000 for each of fiscal years 2005 through 2009.

"(2) The funding made available under paragraph (1) of this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23 and shall be subject to any obligation limitation imposed on funds for Federal-aid highways and highway safety construction programs.

"(c) PERIOD OF AVAILABILITY.--Amounts made available by subsection (a) of this section shall remain available until expended.".

(b) CONFORMING AMENDMENT.-The table of contents for chapter 55 of title 49, United States Code, is amended by inserting the following at the end:

"SUBCHAPTER III-INTERMODAL PASSENGER FACILITIES

Sec.
"5571. Policy and Purposes.
"5572. Definitions.
"5573. Assurance of access to intermodal facilities.
"5574. Intercity bus intermodal facility grants.
"5575. Funding.".

Home | U.S. DOT | TEA-21 | Feedback | Privacy
Excel Viewer | Word Viewer | Adobe Reader