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U.S. Code as of:
01/19/04
Section 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.
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