---
kind: "section"
citation: "49 U.S.C. § 70202"
title: "49"
title_heading: "Transportation"
number: "70202"
heading: "State freight plans"
release: "119-102"
url: "https://uscodex.org/usc/49/70202"
units:
  - "Subtitle IX — Multimodal Freight Transportation"
  - "Chapter 702 — Multimodal Freight Transportation Planning and Information"
---

# §70202. State freight plans

- (a) **In General.—** Each [State](/usc/49/31132.md?p=8) that receives funding under [section 167 of title 23](/usc/23/167.md) shall develop a freight plan that provides a comprehensive plan for the immediate and long-range planning activities and investments of the [State](/usc/49/31132.md?p=8) with respect to freight.
- (b) **Plan Contents.—** A [State](/usc/49/31132.md?p=8) freight plan described in [subsection (a)](#a) shall include, at a minimum—
  - (1) an identification of significant freight system trends, needs, and issues with respect to the [State](/usc/49/31132.md?p=8);
  - (2) a description of the freight policies, strategies, and performance measures that will guide the freight-related [transportation](/usc/49/13907.md?p=e-2) investment decisions of the [State](/usc/49/31132.md?p=8);
  - (3) when applicable, a listing of—
    - (A) multimodal critical rural freight facilities and corridors designated within the [State](/usc/49/31132.md?p=8) under [section 70103 of this title](/usc/49/70103.md); and
    - (B) critical rural and urban freight corridors designated within the [State](/usc/49/31132.md?p=8) under [section 167 of title 23](/usc/23/167.md);
  - (4) a description of how the plan will improve the ability of the [State](/usc/49/31132.md?p=8) to meet the national multimodal freight policy goals described in [section 70101(b) of this title](/usc/49/70101.md?p=b) and the national highway freight program goals described in [section 167 of title 23](/usc/23/167.md);
  - (5) a description of how innovative technologies and operational strategies, including freight intelligent [transportation](/usc/49/13907.md?p=e-2) systems, that improve the safety and efficiency of freight movement, were considered;
  - (6) in the case of roadways on which travel by heavy vehicles (including mining, agricultural, energy cargo or equipment, and timber vehicles) is projected to substantially deteriorate the condition of the roadways, a description of improvements that may be required to reduce or impede the deterioration;
  - (7) an inventory of facilities with freight mobility issues, such as bottlenecks, within the [State](/usc/49/31132.md?p=8), and for those facilities that are [State](/usc/49/31132.md?p=8) owned or operated, a description of the strategies the [State](/usc/49/31132.md?p=8) is employing to address the freight mobility issues;
  - (8) consideration of any significant congestion or delay caused by freight movements and any strategies to mitigate that congestion or delay;
  - (9) a freight investment plan that, subject to [subsection (c)(2)](#c-2), includes a list of priority projects and describes how funds made available to carry out [section 167 of title 23](/usc/23/167.md) would be invested and matched;
  - (10) the most recent commercial motor vehicle parking facilities assessment conducted by the [State](/usc/49/31132.md?p=8) under [subsection (f)](#f);
  - (11) the most recent supply chain cargo flows in the [State](/usc/49/31132.md?p=8), expressed by mode of [transportation](/usc/49/13907.md?p=e-2);
  - (12) an inventory of commercial ports in the [State](/usc/49/31132.md?p=8);
  - (13) if applicable, consideration of the findings or recommendations made by any multi-[State](/usc/49/31132.md?p=8) freight compact to which the [State](/usc/49/31132.md?p=8) is a party under [section 70204](/usc/49/70204.md);
  - (14) the impacts of e-commerce on freight infrastructure in the [State](/usc/49/31132.md?p=8);
  - (15) considerations of military freight;
  - (16) strategies and goals to decrease—
    - (A) the severity of impacts of extreme weather and natural disasters on freight mobility;
    - (B) the impacts of freight movement on local air pollution;
    - (C) the impacts of freight movement on flooding and stormwater runoff; and
    - (D) the impacts of freight movement on wildlife habitat loss; and
  - (17) consultation with the [State](/usc/49/31132.md?p=8) freight advisory committee, if applicable.
- (c) **Relationship to Long-Range Plan.—**
  - (1) **Incorporation.—** A [State](/usc/49/31132.md?p=8) freight plan described in [subsection (a)](#a) may be developed separately from or incorporated into the statewide strategic long-range [transportation](/usc/49/13907.md?p=e-2) plan required by [section 135 of title 23](/usc/23/135.md).
  - (2) **Fiscal constraint.—** The freight investment plan component of a freight plan shall include a project, or an identified phase of a project, only if funding for completion of the project can reasonably be anticipated to be available for the project within the time period identified in the freight investment plan.
- (d) **Planning Period.—** A [State](/usc/49/31132.md?p=8) freight plan described in [subsection (a)](#a) shall address a 8-year forecast period.
- (e) **Updates.—**
  - (1) **In general.—** A [State](/usc/49/31132.md?p=8) shall update a [State](/usc/49/31132.md?p=8) freight plan described in [subsection (a)](#a) not less frequently than once every 4 years.
  - (2) **Freight investment plan.—** A [State](/usc/49/31132.md?p=8) may update a freight investment plan described in [subsection (b)(9)](#b-9) more frequently than is required under [paragraph (1)](#e-1).
- (f) **Commercial Motor Vehicle Parking Facilities Assessments.—** As part of the development or updating, as applicable, of a [State](/usc/49/31132.md?p=8) freight plan under this section, each [State](/usc/49/31132.md?p=8) that receives funding under [section 167 of title 23](/usc/23/167.md), in consultation with relevant [State](/usc/49/31132.md?p=8) motor carrier safety personnel, shall conduct an assessment of—
  - (1) the capability of the [State](/usc/49/31132.md?p=8), together with the private sector in the [State](/usc/49/31132.md?p=8), to provide adequate parking facilities and rest facilities for commercial motor vehicles engaged in interstate [transportation](/usc/49/13907.md?p=e-2);
  - (2) the volume of commercial motor vehicle traffic in the [State](/usc/49/31132.md?p=8); and
  - (3) whether there exist any areas within the [State](/usc/49/31132.md?p=8) with a shortage of adequate commercial motor vehicle parking facilities, including an analysis (economic or otherwise, as the [State](/usc/49/31132.md?p=8) determines to be appropriate) of the underlying causes of such a shortage.
- (g) **Priority.—** Each [State](/usc/49/31132.md?p=8) freight plan under this section shall include a requirement that the [State](/usc/49/31132.md?p=8), in carrying out activities under the [State](/usc/49/31132.md?p=8) freight plan—
  - (1) enhance reliability or redundancy of freight [transportation](/usc/49/13907.md?p=e-2); or
  - (2) incorporate the ability to rapidly restore access and reliability with respect to freight [transportation](/usc/49/13907.md?p=e-2).
- (h) **Approval.—**
  - (1) **In general.—** The Secretary of [Transportation](/usc/49/13907.md?p=e-2) shall approve a [State](/usc/49/31132.md?p=8) freight plan described in [subsection (a)](#a) if the plan achieves compliance with the requirements of this section.
  - (2) **Savings provision.—** Nothing in this subsection establishes new procedural requirements for the approval of a [State](/usc/49/31132.md?p=8) freight plan described in [subsection (a)](#a).

## Source credit

(Added Pub. L. 114–94, div. A, title VIII, § 8001(a), Dec. 4, 2015, 129 Stat. 1610; amended Pub. L. 117–58, div. B, title I, § 21104(a), (c), Nov. 15, 2021, 135 Stat. 658, 659.)

## Notes

### Editorial Notes

### Amendments

2021—Subsec. (b)(10) to (17). Pub. L. 117–58, § 21104(a)(1), added pars. (10) to (16) and redesignated former par. (10) as (17).

Subsec. (d). Pub. L. 117–58, § 21104(c)(1), substituted “8-year” for “5-year”.

Subsec. (e)(1). Pub. L. 117–58, § 21104(c)(2), substituted “4 years” for “5 years”.

Subsecs. (f) to (h). Pub. L. 117–58, § 21104(a)(2), added subsecs. (f) to (h).

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.