23 U.S.C. §134
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| 23 U.S.C. §134 | |
|---|---|
| Title | 23 U.S.C. §134 |
| Enacted | Federal-Aid Highway Act |
| Codification | United States Code |
| Chapter | Title 23 |
| Subject | Metropolitan transportation planning |
| Status | Active |
23 U.S.C. §134 is the United States statutory provision establishing the metropolitan transportation planning process required for urbanized areas to receive Federal surface transportation assistance. It prescribes the roles of State departments of transportation, metropolitan planning organizations, and transit operators in developing long-range plans, transportation improvement programs, and public participation procedures, reflecting objectives found in landmark statutes and policy initiatives.
Overview and Purpose
23 U.S.C. §134 establishes a coordinated planning framework linking United States Department of Transportation, Federal Highway Administration, and Federal Transit Administration oversight with metropolitan decisionmaking. The statute supports implementation of major federal acts such as the Intermodal Surface Transportation Efficiency Act of 1991, the Transportation Equity Act for the 21st Century, and the Moving Ahead for Progress in the 21st Century Act, aligning local plans with national goals exemplified by programs in New York City, Los Angeles, Chicago, and other large urbanized areas. It aims to integrate multimodal planning, fiscal constraint, and public involvement, consistent with constitutional principles litigated in cases involving Supreme Court of the United States review of federal statutes.
Definitions and Scope
The provision defines essential terms used across Title 23 and related statutes, connecting to entities like metropolitan planning organization, urbanized area, transportation improvement program, and state department of transportation. It delineates the scope for urbanized areas designated by the United States Census Bureau and the boundaries influencing planning in metropolitan regions including but not limited to Boston, San Francisco, Houston, and Philadelphia. The section interfaces with statutory definitions in statutes such as the Clean Air Act for air quality conformity in nonattainment areas like Los Angeles County and Cook County.
Metropolitan Transportation Planning Process
The statute prescribes a continuing, cooperative, and comprehensive planning process requiring agencies such as Metropolitan Transportation Authority (New York), Los Angeles County Metropolitan Transportation Authority, and regional bodies like the Chicago Metropolitan Agency for Planning to produce long-range transportation plans and short-term programs. It mandates coordination among modal agencies including Amtrak, Federal Aviation Administration, and local transit operators exemplified by Massachusetts Bay Transportation Authority and Bay Area Rapid Transit. The process must address project selection, congestion management as applied in Atlanta and Seattle, and incorporation of regional priorities reflected in plans for Houston METRO and Miami-Dade Transit.
Funding and Program Requirements
23 U.S.C. §134 ties metropolitan planning to eligibility for federal funding streams overseen by Federal Transit Administration and Federal Highway Administration, including allocations under programs influenced by Surface Transportation Reauthorization Act provisions. The statute requires that Transportation Improvement Programs list projects eligible for funding such as highway reconstruction projects in Interstate Highway System corridors and transit capital investments like those for New Jersey Transit and Washington Metropolitan Area Transit Authority. It establishes fiscal constraint requirements that interact with budget processes at entities like Office of Management and Budget and funding decisions affecting metropolitan regions including Phoenix and San Diego.
State and MPO Roles and Responsibilities
The statute sets forth roles for State departments of transportation such as California Department of Transportation and metropolitan planning organizations like the Metropolitan Transportation Commission (California), requiring cooperative agreements, designation of MPOs in urbanized areas, and planning coordination with tribal governments such as Navajo Nation. Responsibilities include development of long-range transportation plans, air quality coordination with Environmental Protection Agency, and consultation with stakeholders including ports like the Port of New York and New Jersey and freight carriers represented by Association of American Railroads.
Performance Measures and Planning Factors
23 U.S.C. §134 incorporates planning factors and performance-based planning requirements that align with metrics used by National Highway Traffic Safety Administration and environmental targets under the Environmental Protection Agency. Performance measures may cover safety outcomes relevant to programs like Vision Zero initiatives in New York City and San Francisco, transit reliability metrics used by Los Angeles Metro, and asset management approaches similar to those employed by Texas Department of Transportation. The planning factors reflect priorities seen in major legislation and initiatives endorsed by entities such as the Transportation Research Board and American Public Transportation Association.
Legal History and Amendments
The statutory text has evolved through successive reauthorizations, influenced by landmark legislation including the Intermodal Surface Transportation Efficiency Act of 1991, Safe, Accountable, Flexible, Efficient Transportation Equity Act, Moving Ahead for Progress in the 21st Century Act, and subsequent surface transportation bills. Judicial interpretation by federal courts and policy guidance from United States Department of Transportation have clarified issues of MPO designation, public participation, and conformity with statutes like the Clean Air Act Amendments of 1990. Administrative guidance has involved collaboration with organizations such as the National Association of Regional Councils and the American Association of State Highway and Transportation Officials to implement the statute across metropolitan areas from Baltimore to Portland, Oregon.