[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC135]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 135. Statewide planning
(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.--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 and sections 5303 through
5305 of title 49 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) 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 a transportation plan,
a transportation improvement plan, a project or strategy, or the
certification of a planning process.
(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.--
(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 adopted 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.--
(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 or 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.
(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.--Funds set aside pursuant to section 505(a) 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 sections 5303-
5306 and 5323(k) \1\ of title 49, State laws, rules or regulations
pertaining to congestion management systems or programs may constitute
the congestion management system under this Act \1\ 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
sections 5303-5306 and 5323(k),\1\ as appropriate.
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\1\ See References in Text note below.
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(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.).
(Added Pub. L. 90-495, Sec. 10(a), Aug. 23, 1968, 82 Stat. 820; amended
Pub. L. 91-605, title I, Secs. 106(g), 125, Dec. 31, 1970, 84 Stat.
1718, 1729; Pub. L. 93-87, title I, Sec. 119, Aug. 13, 1973, 87 Stat.
259; Pub. L. 94-280, title I, Sec. 123(a), May 5, 1976, 90 Stat. 439;
Pub. L. 102-240, title I, Sec. 1025(a), Dec. 18, 1991, 105 Stat. 1962;
Pub. L. 103-429, Sec. 3(6), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 105-
178, title I, Sec. 1204(a)-(h), June 9, 1998, 112 Stat. 180-184.)
References in Text
The Clean Air Act, referred to in subsecs. (b) and (f)(2)(C)(iii),
is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is
classified generally to chapter 85 (Sec. 7401 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 7401 of Title 42
and Tables.
The date of enactment of this subclause, referred to in subsec.
(f)(1)(B)(ii)(II), is the date of enactment of Pub. L. 105-178, which
was approved June 9, 1998.
Section 5323(k) of title 49, referred to in subsec. (h), was
redesignated section 5323(l) of title 49 and a new section 5323(k) was
added by Pub. L. 105-178, title III, Sec. 3020(d), June 9, 1998, 112
Stat. 362.
This Act, referred to in subsec. (h), probably means Pub. L. 102-
240, Dec. 18, 1991, 105 Stat. 1914, known as the Intermodal Surface
Transportation Efficiency Act of 1991. For complete classification of
this Act to the Code, see Short Title of 1991 Amendment note set out
under section 101 of Title 49, Transportation, and Tables.
The National Environmental Policy Act of 1969, referred to in
subsec. (i), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 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.
Prior Provisions
A prior section 135, Pub. L. 89-139, Sec. 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, Sec. 102(a),
Sept. 9, 1966, 80 Stat. 734. See section 402 of this title.
Amendments
1998--Subsec. (a). Pub. L. 105-178, Sec. 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, Sec. 1204(b), inserted ``and sections
5303 through 5305 of title 49'' after ``section 134 of this title''.
Subsec. (c). Pub. L. 105-178, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 1204(h), added subsec. (i).
1994--Subsec. (f)(2). Pub. L. 103-429, Sec. 3(6)(A), substituted
``chapter 53 of title 49'' for ``the Federal Transit Act''.
Subsec. (h). Pub. L. 103-429, Sec. 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.
Effective Date of 1991 Amendment
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.
Effective Date
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.
Participation of Local Elected Officials
Pub. L. 105-178, title I, Sec. 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.''
Advanced Travel Forecasting Procedures Program
Pub. L. 105-178, title I, Sec. 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) 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.''
Demonstration Project for Automated Roadway Management System
Pub. L. 95-599, title I, Sec. 154, Nov. 6, 1978, 92 Stat. 2716,
provided that:
``(a) The Secretary of Transportation is authorized to carry out a
demonstration project of the use of a sophisticated automated roadway
management system to increase the capacity and safety of automobile
travel in high density travel corridors without providing additional
lanes of pavement. The management system shall coordinate the traffic
flow in major freeways and arterials servicing the travel corridor by
use of an integrated system of vehicle sensors to monitor traffic,
computers to assess traffic conditions throughout the corridor, and
devices to communicate with drivers, police, and emergency equipment.
``(b) There is authorized to be appropriated to carry out this
section, out of the Highway Trust Fund, not to exceed $1,500,000 for the
fiscal year ending September 30, 1979, not to exceed $2,500,000 for the
fiscal year ending September 30, 1980, and not to exceed $26,000,000 for
the fiscal year ending September 30, 1981.
``(c) The Federal share payable on account of any project authorized
under this section shall not exceed 90 per centum of the total cost
thereof.
``(d) Funds authorized by this section shall be available for
obligation in the same manner and to the same extent as if such funds
were apportioned under chapter 1 of title 23, United States Code, except
that the Federal share of the cost of any project under this section
shall not exceed 90 per centum.''
Traffic Control Signalization Demonstration Projects; Reports to
Secretary of Transportation; Report to Congress
Section 146 of Pub. L. 94-280 provided that:
``(a) The Secretary of Transportation is authorized to carry out
traffic control signalization demonstration projects designed to
demonstrate through the use of technology not now in general use the
increased capacity of existing highways, the conservation of fuel, the
decrease in traffic congestion, the improvement in air and noise
quality, and the furtherance of highway safety, giving priority to those
projects providing coordinated signalization of two or more
intersections. Such projects can be carried out on any highway whether
on or off a Federal-aid system.
``(b) There is authorized to be appropriated to carry out this
section of the Highway Trust Fund, not
