Office of Planning, Environment, & Realty (HEP)
Planning
The laws governing the federal transportation planning process are found in Title 23 of the United States Code, Sections 134 and 135 (23 USC 134 and 135). The regulations derived from those laws which further define the planning requirements are contained in Title 23, Code of Federal Regulations, Section 450 (23 CFR 450). Both the statute and regulations include references to the role of land use considerations and related issues when transportation stakeholders, elected officials, and the public make decisions regarding the maintenance, operations, and expansion of transportation systems.
134(g) – Relationship with other planning officials
The Secretary shall encourage each metropolitan planning organization to consult with officials responsible for other types of planning activities that are affected by transportation in the area (including State and local planned growth, economic development, environmental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities
134(h)(i) – Planning Factors
(D) increase the accessibility and mobility of people and for freight;
(F) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
134(i)(2)(B) – Mitigation Activities
In general.--A long-range transportation plan shall include a discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.
Consultation.--The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.
134(i)(4)
Consultation.--In general.
In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation concerning the development of a long-range transportation plan.
Issues.
The consultation shall involve, as appropriate, comparison of transportation plans with State conservation plans or maps, if available; or comparison of transportation plans to inventories of natural or historic resources, if available.
135(d)(1)(E) – Planning Factor
D) increase the accessibility and mobility of people and freight;
E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
135(f)(2)(D) – Consultation, Comparison, and Consideration
(i) Consultation, comparison, and consideration.--
In general.--The long-range transportation plan shall be developed, as appropriate, in consultation with State, tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation.
(ii) Comparison and consideration.--Consultation under clause (i) shall involve comparison of transportation plans to State and tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available.
135(f)(4) - Mitigation Activities
Mitigation activities.--
In general.--A long-range transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan.
Consultation.--The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies.
206(a)– Planning Factors
(4) Increase accessibility and mobility of people and freight;
(5) Protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns;
208(a) – Coordination of planning process activities
(2) Coordinate planning carried out under this subpart with statewide trade and economic development planning activities and related multistate planning efforts;
(3) Consider the concerns of Federal land management agencies that have jurisdiction over land within the boundaries of the State;
214 – Development and content of long-range statewide transportation plan
(i)The long-range statewide transportation plan shall be developed, as appropriate, in consultation with State, Tribal, and local agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation. This consultation shall involve comparison of transportation plans to State and Tribal conservation plans or maps, if available, and comparison of transportation plans to inventories of natural or historic resources, if available.
(j) A long-range statewide transportation plan shall include a discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the long-range statewide transportation plan. The discussion may focus on policies, programs, or strategies, rather than at the project level. The discussion shall be developed in consultation with Federal, State, and Tribal land management, wildlife, and regulatory agencies. The State may establish reasonable timeframes for performing this consultation.
306(a) – Planning Factors
4) Increase accessibility and mobility of people and freight;
(5) Protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns
316 – Interested parties, participation and consultation
d) When the MPA includes Federal public lands, the MPO shall appropriately involve the Federal land management agencies in the development of the metropolitan transportation plan and the TIP.
320 - Congestion Management Process Transportation Management Areas
(c)(4)(i) Identification and evaluation of the anticipated performance and expected benefits of appropriate congestion management strategies that will contribute to the more effective use and improved safety of existing and future transportation systems based on the established performance measures. The following categories of strategies, or combinations of strategies, are some examples of what should be appropriately considered for each area:
Demand management measures, including growth management and congestion pricing;
(d) In a TMA designated as nonattainment area for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be programmed for any project that will result in a significant increase in the carrying capacity for SOVs ( i.e. , a new general purpose highway on a new location or adding general purpose lanes, with the exception of safety improvements or the elimination of bottlenecks), unless the project is addressed through a congestion management process meeting the requirements of this section.
(e) Consider travel demand reduction and operational management strategies in TMAs designated as nonattainment for ozone or carbon monoxide, the congestion management process shall provide an appropriate analysis of reasonable (including multimodal) travel demand reduction and operational management strategies for the corridor in which a project that will result in a significant increase in capacity for SOVs (as described in paragraph (d) of this section) is proposed to be advanced with Federal funds
322(f)(7) – Environmental mitigation, consultation with Federal/State/Tribal land use management agencies
A discussion of types of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the metropolitan transportation plan. The discussion may focus on policies, programs, or strategies, rather than at the project level. The discussion shall be developed in consultation with Federal, State, and Tribal land management, wildlife, and regulatory agencies. The MPO may establish reasonable timeframes for performing this consultation;