§ 5304. — Transportation improvement program.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5304]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5304. Transportation improvement program
(a) Development and Update.--
(1) In general.--In cooperation with the State and affected mass
transportation operators, a metropolitan planning organization
designated for a metropolitan area shall develop a transportation
improvement program for the area. In developing the program, the
metropolitan planning organization, in cooperation with the chief
executive officer of the State and any affected mass transportation
operator, shall provide citizens, affected public agencies,
representatives of transportation authority employees, other
affected employee representatives, freight shippers, providers of
freight transportation services, other affected employee
representatives, private providers of transportation,
representatives of users of public transit, and other interested
parties with a reasonable opportunity to comment on the proposed
program. The program shall be updated at least once every 2 years
and shall be approved by the organization and the chief executive
officer of the State.
(2) Funding estimate.--For the purpose of developing the
transportation improvement program, the metropolitan planning
organization, public transit agency, and the State shall
cooperatively develop estimates of funds that are reasonably
expected to be available to support program implementation.
(b) Contents.--A transportation improvement program for a
metropolitan area shall include--
(1) a priority list of projects and parts of projects to be
carried out in each 3-year period after the program is adopted; and
(2) a financial plan that--
(A) demonstrates how the program can be carried out;
(B) indicates resources from public and private sources that
reasonably are expected to be made available to carry out the
plan;
(C) identifies innovative financing techniques to finance
projects, programs, and strategies; and
(D) may include, for illustrative purposes, additional
projects that would be included in the approved transportation
improvement program if reasonable additional resources beyond
those identified in the financial plan were available.
(c) Project Selection.--(1) Except as otherwise provided in section
5305(d)(1) and in addition to the transportation improvement program
development required under subsection (b), the selection of federally
funded projects for implementation in metropolitan areas shall be
carried out, from the approved transportation improvement program--
(A) by--
(i) in the case of projects under title 23, the State; and
(ii) in the case of projects under this chapter, the
designated transit funding recipients; and
(B) in cooperation with the metropolitan planning organization.
(2) A transportation improvement program for a metropolitan area
shall include--
(A) projects within the area that are proposed for financing
under this chapter and title 23 and that are consistent with the
long-range plan developed under section 5303(f) of this title; and
(B) a project or an identified phase of a project only if full
financing reasonably can be anticipated to be available for the
project in the period estimated for completion.
(3) Notwithstanding any other provision of law, action by the
Secretary shall not be required to advance a project included in the
approved transportation improvement program in place of another project
in the program.
(4) Selection of projects from illustrative list.--
(A) In general.--Notwithstanding subsection (b)(2)(D), a State
or metropolitan planning organization shall not be required to
select any project from the illustrative list of additional projects
included in the financial plan under subsection (b)(2)(D).
(B) Action by secretary.--Action by the Secretary shall be
required for a State or metropolitan planning organization to select
any project from the illustrative list of additional projects
included in the plan under subsection (b)(2) for inclusion in an
approved transportation improvement plan.
(5) Publication.--(A) A transportation improvement program involving
Government participation shall be published or otherwise made readily
available by the metropolitan planning organization for public review.
(B) An annual listing of projects for which Government funds have
been obligated in the preceding year shall be published or otherwise
made available by the metropolitan planning organization for public
review. The listing shall be consistent with the categories identified
in the transportation improvement program.
(6) Regionally significant projects proposed for funding under
chapter 2 of title 23 shall be identified individually in the
transportation improvement program. All other projects funded under
chapter 2 of title 23 shall be grouped in 1 line item or identified
individually in the transportation improvement program.
(d) Notice and Comment.--Before approving a transportation
improvement program, a metropolitan planning organization shall provide
citizens, affected public agencies, representatives of transportation
agency employees, private providers of transportation, and other
interested parties with reasonable notice and an opportunity to comment
on the proposed program.
(e) Regulatory Proceeding.--Not later than June 18, 1992, the
Secretary of Transportation shall begin a regulatory proceeding to
conform review requirements for mass transportation projects under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to
comparable requirements under that Act applicable to highway projects.
This section and sections 5303, 5305, and 5306 of this title do not
affect the applicability of the Act to mass transportation or highway
projects. A mass transportation project that has an approved draft
Environmental Impact Statement is exempt from complying with
requirements under the Act applicable to highway projects.
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 793; Pub. L. 105-
178, title III, Sec. 3005, June 9, 1998, 112 Stat. 345; Pub. L. 105-206,
title IX, Sec. 9009(c)(2), July 22, 1998, 112 Stat. 854.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5304(a)............................... 49 App.:1607(h)(1). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 8(h); added Nov. 6, 1978,
Pub. L. 95-599, Sec. 305(b), 92 Stat.
2743; Apr. 2, 1987, Pub. L. 100-17,
Sec. 310, 101 Stat. 227; restated
Dec. 18, 1991, Pub. L. 102-240, Sec.
3012, 105 Stat. 2102; Oct. 6, 1992,
Pub. L. 102-388, Secs. 501, 502(e),
106 Stat. 1566.
5304(b)............................... 49 App.:1607(h)(2).
5304(c)............................... 49 App.:1607(h)(3), (5).
5304(d)............................... 49 App.:1607(h)(6).
5304(e)............................... 49 App.:1607(h)(4).
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In subsection (b)(1), the word ``initial'' is omitted as surplus.
In subsection (b)(2)(C), the words ``and programs'' are omitted as
surplus.
In subsection (c)(1), the word ``otherwise'' is omitted as surplus.
References in Text
The National Environmental Policy Act of 1969, referred to in
subsec. (e), 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.
Amendments
1998--Subsec. (a). Pub. L. 105-178, Sec. 3005(d)(1), as added by
Pub. L. 105-206, Sec. 9009(c)(2), designated existing provisions as par.
(1), inserted heading, and added par. (2).
Pub. L. 105-178, Sec. 3005(a), in second sentence, substituted ``the
metropolitan planning organization, in cooperation with the chief
executive officer of the State and any affected mass transportation
operator,'' for ``the organization'' and inserted ``other affected
employee representatives, freight shippers, providers of freight
transportation services,'' after ``transportation authority employees,''
and ``representatives of users of public transit,'' after ``private
providers of transportation,''.
Subsec. (b)(2)(B). Pub. L. 105-178, Sec. 3005(d)(2)(A), as added by
Pub. L. 105-206, Sec. 9009(c)(2), struck out ``and'' at end.
Subsec. (b)(2)(C). Pub. L. 105-178, Sec. 3005(d)(2)(B), as added by
Pub. L. 105-206, Sec. 9009(c)(2), which directed amendment of subpar.
(C) by substituting ``strategies; and'' for ``strategies which may
include'', was executed by making the substitution for ``strategies,
which may include'' to reflect the probable intent of Congress.
Remaining provisions of subpar. (C) redesignated (D).
Pub. L. 105-178, Sec. 3005(b), added subpar. (C) and struck out
former subpar. (C) which read as follows: ``recommends innovative
financing techniques, including value capture, tolls, and congestion
pricing, to finance needed projects.''
Subsec. (b)(2)(D). Pub. L. 105-178, Sec. 3005(d)(2)(B), as added by
Pub. L. 105-206, Sec. 9009(c)(2), which directed amendment of subpar.
(C) by substituting ``strategies; and'' followed by ``(D) may include''
for ``strategies which may include'', was executed by making the
substitutions for ``strategies, which may include'' to reflect the
probable intent of Congress.
Subsec. (c)(1). Pub. L. 105-178, Sec. 3005(c)(1), added par. (1) and
struck out former par. (1) which read as follows: ``Except as provided
in section 5305(d)(1) of this title, the State, in cooperation with the
metropolitan planning organization, shall select projects in a
metropolitan area that involve United States Government participation.
Selection shall comply with the transportation improvement program for
the area.''
Subsec. (c)(3). Pub. L. 105-178, Sec. 3005(c)(2), added par. (3).
Subsec. (c)(4). Pub. L. 105-178, Sec. 3005(d)(3), as added by Pub.
L. 105-206, Sec. 9009(c)(2), added par. (4) and struck out heading and
text of former par. (4). Text read as follows: ``Notwithstanding
subsection (b)(2)(C), a State or metropolitan planning organization
shall not be required to select any project from the illustrative list
of additional projects included in the financial plan under subsection
(b)(2)(C).''
Pub. L. 105-178, Sec. 3005(c)(2), added par. (4).
Subsec. (c)(5), (6). Pub. L. 105-178, Sec. 3005(c)(2), added pars.
(5) and (6).
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of Title 23, Highways.
Section Referred to in Other Sections
This section is referred to in sections 5303, 5305, 5306, 5307,
5309, 5313, 5314, 5323, 5338 of this title; title 23 sections 134, 135.
