§ 134. Metropolitan transportation planning

Footnotes

1. 1 So in original. Probably should be “urbanized areas, better connect housing and employment,”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1962

   Federal-Aid Highway Act of 1962

   Pub. L. 87–866 § 9(a) · 76 Stat. 1145

   Enacted · 23 U.S.C. § 134

   Added Pub. L. 87–866, § 9(a), Oct. 23, 1962, 76 Stat. 1148

   Source evidence

   Code source credit
   Added Pub. L. 87–866, § 9(a), Oct. 23, 1962, 76 Stat. 1148

   Enacted provision · exact public law section
   (a) Chapter 1 of title 23, United States Code, is amended by adding immediately following section 133 the following new section: “§ 134. Transportation planning in certain urban areas “It is declared to be in the national interest to encourage and promote the development of transportation systems, embracing various modes of transport in a manner that will serve the States and local communities efficiently and effectively. To accomplish this objective the Secretary shall cooperate with the States, as authorized in this title, in the development of long-range highway plans and programs which are properly coordinated with plans for improvements in other affected forms of transportation and which are formulated with due consideration to their probable effect on the future development of urban areas of more than fifty thousand population. After July 1, 1965, the Secretary shall not approve under section 105 of this title any program for projects in any urban area of more than fifty thousand population unless he finds that such projects are based on a continuing comprehensive transportation planning process carried on cooperatively by States and local communities in conformance with the objectives stated in this section.”

2. 1970

   Federal-Aid Highway Act of 1970

   Pub. L. 91–605 title I § 143 · 84 Stat. 1713

   1. Amended · 23 U.S.C. § 134

      Pub. L. 91–605 designated existing provisions as subsec. (a)

   2. Inserted · 23 U.S.C. § 134

      Pub. L. 91–605 inserted provision prohibiting a highway construction project in any urban area of 50,000 or more population unless responsible public officials of such area have been consulted and their views considered with respect to the corridor, the location, and the design of the proj­ect

   3. Added · 23 U.S.C. § 134

      Pub. L. 91–605 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 91–605 designated existing provisions as subsec. (a), inserted provision prohibiting a highway construction project in any urban area of 50,000 or more population unless responsible public officials of such area have been consulted and their views considered with respect to the corridor, the location, and the design of the proj­ect, and added subsec. (b).

   Enacted provision · exact public law section
   Sec. 143. urban transportation planning (a) Section 134 of title 23, United States Code, is 76 Stat. 1148. amended by inserting “(a)” at the beginning of the first paragraph thereof and by adding at the end thereof the following: “No highway project may be constructed in any urban area of fifty thousand population or more unless the responsible public officials of such urban area in which the project is located have been consulted and their views considered with respect to the corridor, the location and the design of the project.” (b) Section 134 of title 23, United States Code, is further amended by adding at the end thereof a new subsection as follows: “(b) The Secretary may define those contiguous interstate areas of the Nation in which the movement of persons and goods between principal metropolitan areas, cities, and industrial centers has reached, or is expected to reach, a critical volume in relation to the capacity of existing and planned transportation systems to efficiently accommodate present transportation demands and future growth. After consultation with the Governors and responsible local officials of affected States, the Secretary may by regulation designate, for administrative and planning purposes, as a critical transportation region or a critical transportation corridor each of those areas which he determines most urgently require the accelerated development of transportation systems embracing various modes of transport, in accordance with purposes of this section. The Secretary shall immediately notify such Governors and local officials of such designation. The Secretary may, after consultation with the Governors and responsible local officials of the affected States, provide by regulation for the establishment of planning bodies to assist in the development of coordinated transportation planning, including highway planning, to meet the needs of such regions or corridors, composed of representatives of the affected States and metropolitan areas, and may provide assistance Appropriation. including financial assistance to such bodies. There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, not to exceed $500,000 to carry out this subsection.”

3. 1978

   Federal-Aid Highway Act of 1978

   Pub. L. 95–599 § 169(a) · 92 Stat. 2689

   Inserted · 23 U.S.C. § 134(a)

   Pub. L. 95–599, § 169(a), inserted provisions related to cooperation with local officials and specific considerations in the planning process

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 95–599, § 169(a), inserted provisions related to cooperation with local officials and specific considerations in the planning process.

   Enacted provision · exact public law section
   (a) Section 134(a) of title 23, United States Code, is amended to read as follows: “(a) It is declared to be in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner that will serve the States and local communities efficiently and effectively. To accomplish this Cooperation. objective, the Secretary shall cooperate with the State and local officials in the development of transportation plans and programs which are formulated on the basis of transportation needs with due consideration to comprehensive long-range land use plans, development objectives, and overall social, economic, environmental, system performance, and energy conservation goals and objectives, and with due consideration to their probable effect on the future development of urban areas of more than fifty thousand population. The planning process shall include an analysis of alternative transportation system management and investment strategies to make more efficient use of existing transportation facilities. The process shall consider all modes of transportation and shall be continuing, cooperative, and compre-hensive to the degree appropriate based on the complexity of the transportation problems. After July 1, 1965, the Secretary shall not approve under section 105 of this title any program for projects in 23 USC 105. any urban area of more than fifty thousand population unless he finds that such projects are based on a continuing comprehensive transportation planning process carried on cooperatively by States and local communities in conformance with the objectives stated in this section. No highway project may be constructed in any urban area of fifty thousand population or more unless the responsible public officials of such urban area in which the project is located have been consulted and their views considered with respect to the corridor, the location, and design of the project.”.

4. 1978

   Federal-Aid Highway Act of 1978

   Pub. L. 95–599 § 169(b) · 92 Stat. 2689

   1. Added · 23 U.S.C. § 134(b); 23 U.S.C. § 134(c)

      Pub. L. 95–599, § 169(b), added subsec. (b)

   2. Redesignated · 23 U.S.C. § 134(b); 23 U.S.C. § 134(c)

      Pub. L. 95–599, § 169(b), redesignated former subsec. (b) as (c)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 95–599, § 169(b), added subsec. (b) and redesignated former subsec. (b) as (c).

   Enacted provision · exact public law section
   (b) Section 134 is further amended by adding a new subsection 23 USC 134. (b) as follows and redesignating existing subsection (b) as subsection (c): “(b) (1) Within one year after enactment of this subsection, in Redesignation, agreement. the absence of State law to the contrary, units of general purpose local government within an urbanized area or contiguous urbanized areas for which a metropolitan planning organization has been designated prior to enactment of this subsection, may by agreement of at least 75 per centum of the units of general purpose local government representing at least 90 per centum of the population of such urbanized area or areas, and in cooperation with the Governor, redesignate as the metropolitan planning organization any representative organization. “(2) Except as provided in paragraph (1), after the date of enactment of this subsection designations of metropolitan planning organizations shall be by agreement among the units of general purpose local government and the Governor.”.

5. 1991

   Intermodal Surface Transportation Efficiency Act of 1991

   Pub. L. 102–240 title I § 1024(a) · 105 Stat. 1914

   1. Substituted · 23 U.S.C. § 134

      Pub. L. 102–240 substituted section catchline for one which read: “Transportation planning in certain urban areas”

   2. Amended · 23 U.S.C. § 134

      Pub. L. 102–240 amended text generally

   3. Redesignated · 23 U.S.C. § 134

      Pub. L. 102–240 substituting present provisions for provisions relating to transportation planning in certain urban areas, including provisions stating transportation objectives, requiring continuing comprehensive planning process by States and local communities, and relating to redesignation of metropolitan planning organizations, designation of contiguous interstate areas as critical transportation regions and corridors, establishment of planning bodies for such regions and corridors, and authorization of appropriations

   Source evidence

   Code amendment note
   Pub. L. 102–240 substituted section catchline for one which read: “Transportation planning in certain urban areas” and amended text generally, substituting present provisions for provisions relating to transportation planning in certain urban areas, including provisions stating transportation objectives, requiring continuing comprehensive planning process by States and local communities, and relating to redesignation of metropolitan planning organizations, designation of contiguous interstate areas as critical transportation regions and corridors, establishment of planning bodies for such regions and corridors, and authorization of appropriations.

   Enacted provision · exact public law section
   (a) In General.— Section 134 of title 23, United States Code, is amended to read as follows: “§ 134. Metropolitan planning “(a) General Requirements.— It is in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner which will efficiently maximize mobility of people and goods within and through urbanized areas and minimize transportation-related fuel consumption and air pollution. To accomplish this objective, metropolitan planning organizations, in cooperation with the State, shall develop transportation plans and programs for urbanized areas of the State. Such plans and programs shall provide for the development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an intermodal transportation system for the State, the metropolitan areas, and the Nation. The process for developing such plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems. “(b) Designation of Metropolitan Planning Organizations.— “(1) In general.— To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area of more than 50,000 population by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population (including the central city or cities as defined by the Bureau of the Census) or in accordance with procedures established by applicable State or local law. “(2) Membership of certain mpo’s.— In a metropolitan area designated as a transportation management area, the metropolitan planning organization designated for such area shall include local elected officials, officials of agencies which administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization on June 1, 1991) and appropriate State officials. This paragraph shall only apply to a metropolitan planning organization which is redesignated after the date of the enactment of this section. “(3) Limitation on statutory construction.— Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on the date of the enactment of this section, of a public agency with multimodal transportation responsibilities to— “(A) develop plans and programs for adoption by a metropolitan planning organization; and “(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. “(4) Continuing designation.— Designations of metropolitan planning organizations, whether made under this section or other provisions of law, shall remain in effect until redesignated under paragraph (5) or revoked by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population or as otherwise provided under State or local procedures. “(5) Redesignation.— “(A) Procedures.— A metropolitan planning organization may be redesignated by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population (including the central city or cities as defined by the Bureau of the Census) as appropriate to carry out this section. “(B) Certain requests to redesignate.— A metropolitan planning organization shall be redesignated upon request of a unit or units of general purpose local government representing at least 25 percent of the affected population (including the central city or cities as defined by the Bureau of the Census) in any urbanized area (i) whose population is more than 5,000,000 but less than 10,000,000, or (ii) which is an extreme nonattainment area for ozone or carbon monoxide as defined under the Clean Air Act. Such redesignation shall be accomplished using procedures established by subparagraph (A). “(6) Treatment of large urban areas.— More than 1 metropolitan planning organization may be designated within an urbanized area as defined by the Bureau of the Census only if the Governor determines that the size and complexity of the urbanized area make designation of more than 1 metropolitan planning organization for such area appropriate. “(c) Metropolitan Area Boundaries.— For the purposes of this section, the boundaries of a metropolitan area shall be determined by agreement between the metropolitan planning organization and the Governor. Each metropolitan area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. For areas designated as nonattainment areas for ozone or carbon monoxide under the Clean Air Act, the boundaries of the metropolitan area shall at least include the boundaries of the nonattainment area, except as otherwise provided by agreement between the metropolitan planning organization and the Governor. “(d) Coordination in Multistate Areas.— “(1) In general.— The Secretary shall establish such requirements as the Secretary considers appropriate to encourage Governors and metropolitan planning organizations with responsibility for a portion of a multi-State metropolitan area to provide coordinated transportation planning for the entire metropolitan area. “(2) Compacts.— The consent of Congress is hereby given to any 2 or more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as such activities pertain to interstate areas and localities within such States and to establish such agencies, joint or otherwise, as such States may deem desirable for making such agreements and compacts effective. “(e) Coordination of MPO’s.— If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act, each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and programs required by this section. “(f) Factors To Be Considered.— In developing transportation plans and programs pursuant to this section, each metropolitan planning organization shall, at a minimum, consider the following: “(1) Preservation of existing transportation facilities and, where practical, ways to meet transportation needs by using existing transportation facilities more efficiently. “(2) The consistency of transportation planning with applicable Federal, State, and local energy conservation programs, goals, and objectives. “(3) The need to relieve congestion and prevent congestion from occurring where it does not yet occur. “(4) The likely effect of transportation policy decisions on land use and development and the consistency of transportation plans and programs with the provisions of all applicable short- and long-term land use and development plans. “(5) The programming of expenditure on transportation enhancement activities as required in section 133. “(6) The effects of all transportation projects to be undertaken within the metropolitan area, without regard to whether such projects are publicly funded. “(7) International border crossings and access to ports, airports, intermodal transportation facilities, major freight distribution routes, national parks, recreation areas, monuments and historic sites, and military installations. “(8) The need for connectivity of roads within the metropolitan area with roads outside the metropolitan area. “(9) The transportation needs identified through use of the management systems required by section 303 of this title. “(10) Preservation of rights-of-way for construction of future transportation projects, including identification of unused rights-of-way which may be needed for future transportation corridors and identification of those corridors for which action is most needed to prevent destruction or loss. “(11) Methods to enhance the efficient movement of freight. “(12) The use of life-cycle costs in the design and engineering of bridges, tunnels, or pavement. “(13) The overall social, economic, energy, and environmental effects of transportation decisions. “(14) Methods to expand and enhance transit services and to increase the use of such services. “(15) Capital investments that would result in increased security in transit systems. “(g) Development of Long Range Plan.— “(1) In general.— Each metropolitan planning organization shall prepare, and update periodically, according to a schedule that the Secretary determines to be appropriate, a long range plan for its metropolitan area in accordance with the requirements of this subsection. “(2) Long range plan.— A long range plan under this section shall be in a form that the Secretary determines to be appropriate and shall, at a minimum: “(A) Identify transportation facilities (including but not necessarily limited to major roadways, transit, and multimodal and intermodal facilities) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. In formulating the long range plan, the metropolitan planning organization shall consider factors described in subsection (f) as such factors relate to a 20-year forecast period. “(B) Include a financial plan that demonstrates how the long-range plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any innovative financing techniques to finance needed projects and programs, including such techniques as value capture, tolls and congestion pricing. “(C) Assess capital investment and other measures necessary to— “(i) ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major road-ways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit facilities; and “(ii) make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and goods. “(D) Indicate as appropriate proposed transportation enhancement activities. “(3) Coordination with clean air act agencies.— In metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act, the metropolitan planning organization shall coordinate the development of a long range plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act. “(4) Participation by interested parties.— Before approving a long range plan, each metropolitan planning organization shall provide citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the long range plan, in a manner that the Secretary deems appropriate. “(5) Publication of long range plan.— Each long range plan prepared by a metropolitan planning organization shall be— “(i) published or otherwise made readily available for public review; and “(ii) submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish. “(h) Transportation Improvement Program.— “(1) Development.— The metropolitan planning organization designated for a metropolitan area, in cooperation with the State and affected transit operators, shall develop a transportation improvement program for the area for which such organization is designated. In developing the program, the metropolitan planning organization shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation, 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 metropolitan planning organization and the Governor. “(2) Priority of projects.— The transportation improvement program shall include the following: “(A) A priority list of projects and project segments to be carried out within each 3-year period after the initial adoption of the transportation improvement program. “(B) A financial plan that demonstrates how the transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any innovative financing techniques to finance needed projects and programs, including value capture, tolls, and congestion pricing. “(3) Selection of projects.— Except as otherwise provided in subsection (i)(4), project selection in metropolitan areas for projects involving Federal participation shall be carried out by the State in cooperation with the metropolitan planning organization and shall be in conformance with the transportation improvement program for the area. “(4) Major capital investments.— Not later than 6 months after the date of the enactment of this section, the Secretary shall initiate a rulemaking proceeding to conform review requirements for transit projects under the National Environmental Policy Act of 1969 to comparable requirements under such Act applicable to highway projects. Nothing in this section shall be construed to affect the applicability of such Act to transit or highway projects. “(5) Included projects.— A transportation improvement program for a metropolitan area developed under this subsection shall include projects within the area which are proposed for funding under this title and the Federal Transit Act and which are consistent with the long range plan developed under subsection (g) for the area. The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. “(6) 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 of and an opportunity to comment on the proposed program. “(i) Transportation Management Areas.— “(1) Designation.— The Secretary shall designate as transportation management areas all urbanized areas over 200,000 population. The Secretary shall designate any additional area as a transportation management area upon the request of the Governor and the metropolitan planning organization designated for such area or the affected local officials. Such additional areas shall include upon such a request the Lake Tahoe Basin as defined by Public Law 96–551. “(2) Transportation plans and programs.— Within a transportation management area, transportation plans and programs shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and transit operators. “(3) Congestion management system.— Within a transportation management area, the transportation planning process under this section shall include a congestion management system that provides for effective management of new and existing transportation facilities eligible for funding under this title and the Federal Transit Act through the use of travel demand reduction and operational management strategies. The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section. “(4) Selection of projects.— All projects carried out within the boundaries of a transportation management area with Federal participation pursuant to this title (excluding projects undertaken on the National Highway System and pursuant to the bridge and Interstate maintenance programs) or pursuant to the Federal Transit Act shall be selected by the metropolitan planning organization designated for such area in consultation with the State and in conformance with the transportation improvement program for such area and priorities established therein. Projects undertaken within the boundaries of a transportation management area on the National Highway System or pursuant to the bridge and Interstate maintenance programs snail be selected by the State in cooperation with the metropolitan planning organization designated for such area and shall be in conformance with the transportation improvement program for such area. “(5) Certification.— The Secretary shall assure that each metropolitan planning organization in each transportation management area is carrying out its responsibilities under applicable provisions of Federal law, and shall so certify at least once every 3 years. The Secretary may make such certification only if (1) a metropolitan planning organization is complying with the requirements of this section and other applicable requirements of Federal law, and (2) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. If after September 30, 1993, a metropolitan planning organization is not certified by the Secretary, the Secretary may withhold, in whole or in part, the apportionment under section 104(b)(3) attributed to the relevant metropolitan area pursuant to section 133(d)(3) and capital funds apportioned under the formula program under section 9 of the Federal Transit Act. If a metropolitan planning organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of the apportionment attributed to that metropolitan area under section 133(d)(3) and capital funds apportioned under the formula program under section 9 of the Federal Transit Act shall be withheld. The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. The Secretary shall not withhold certification under this section based upon the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 8(o) of the Federal Transit Act. “(j) Abbreviated Plans and Programs for Certain Areas.— For metropolitan areas not designated as transportation management areas under this section, the Secretary may provide for the development of abbreviated metropolitan transportation plans and programs that the Secretary determines to be appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems, including transportation related air quality problems, in such areas. In no event shall the Secretary provide abbreviated plans or programs for metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act. “(k) Transfer of Funds.— Funds made available for a highway project under the Federal Transit Act shall be transferred to and administered by the Secretary in accordance with the requirements of this title. Funds made available for a transit project under the Federal-Aid Highway Act of 1991 shall be transferred to and administered by the Secretary in accordance with the requirements of the Federal Transit Act. “(l) Additional Requirements for Certain Nonattainment Areas.— Notwithstanding any other provisions of this title or the Federal Transit Act, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be programmed in such area for any highway project that will result in a significant increase in carrying capacity for single-occupant vehicles unless the project is part of an approved congestion management system. “(m) Limitation on Statutory Construction.— Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title or the Federal Transit Act. “(n) Reprogramming of Set Aside Funds.— Any funds set aside pursuant to section 104(f) of this title that are not used for the purpose of carrying out this section may be made available by the metropolitan planning organization to the State for the purpose of funding activities under section 135.”.

6. 1992

   Pub. L. 102–388 title V § 502(b) · 106 Stat. 1520

   Inserted · 23 U.S.C. § 134(k)

   Pub. L. 102–388 inserted at end “The provisions of title 23, United States Code, regarding the non-Federal share shall apply to title 23 funds used for transit projects and the provisions of the Federal Transit Act regarding non-Federal share shall apply to Federal Transit Act funds used for highway projects.”

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 102–388 inserted at end “The provisions of title 23, United States Code, regarding the non-Federal share shall apply to title 23 funds used for transit projects and the provisions of the Federal Transit Act regarding non-Federal share shall apply to Federal Transit Act funds used for highway projects.”

   Enacted provision · exact public law section
   (b) Section 134(k) of title 23, United States Code, is amended by adding at the end: “The provisions of title 23, United States Code, regarding the non-Federal share shall apply to title 23 funds used for transit projects and the provisions of the Federal Transit Act regarding non-Federal share shall apply to Federal Transit Act funds used for highway projects.”.

7. 1994

   Pub. L. 103–429 § 3(5)(A) · 108 Stat. 4377

   Substituted · 23 U.S.C. § 134(h)(5); 23 U.S.C. § 134(i)(3); 23 U.S.C. § 134(h)(4)

   Pub. L. 103–429, § 3(5)(A), substituted “chapter 53 of title 49” for “the Federal Transit Act”

   Source evidence

   Code amendment note
   Subsecs. (h)(5), (i)(3), (4). Pub. L. 103–429, § 3(5)(A), substituted “chapter 53 of title 49” for “the Federal Transit Act”.

   Enacted provision · exact public law section
   (A) In subsections (h)(5) and (i)(3) and (4), strike “the Federal Transit Act” and substitute “chapter 53 of title 49”.

8. 1994

   Pub. L. 103–429 § 3(5)(B) · 108 Stat. 4377

   1. Substituted · 23 U.S.C. § 134(i)(5)

      Pub. L. 103–429, § 3(5)(B), substituted “section 5336 of title 49” for “section 9 of the Federal Transit Act”

   2. Substituted · 23 U.S.C. § 134(i)(5)

      Pub. L. 103–429, § 3(5)(B), substituted “section 5306(a) of title 49” for “section 8(o) of the Federal Transit Act”

   Source evidence

   Code amendment note
   Subsec. (i)(5). Pub. L. 103–429, § 3(5)(B), substituted “section 5336 of title 49” for “section 9 of the Federal Transit Act” in two places and “section 5306(a) of title 49” for “section 8(o) of the Federal Transit Act”.

   Enacted provision · exact public law section
   (B) In subsection (i)(5), strike “section 9 of the Federal Transit Act” wherever it appears and “section 8(o) of the Federal Transit Act” and substitute “section 5336 of title 49” and “section 5306(a) of title 49”, respectively.

9. 1994

   Pub. L. 103–429 § 3(5)(C) · 108 Stat. 4377

   1. Substituted · 23 U.S.C. § 134(k)

      Pub. L. 103–429, § 3(5)(C), (D), substituted “chapter 53 of title 49” for “the Federal Transit Act”

   2. Substituted · 23 U.S.C. § 134(k)

      Pub. L. 103–429, § 3(5)(C), (D), substituted “chapter 53 funds” for “Federal Transit Act funds”

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 103–429, § 3(5)(C), (D), substituted “chapter 53 of title 49” for “the Federal Transit Act” wherever appearing and “chapter 53 funds” for “Federal Transit Act funds”.

   Enacted provision · exact public law section
   (C) In subsections (k)-(m), strike “the Federal Transit Act” wherever it appears and substitute “chapter 53 of tithe 49”.

10. 1994

    Pub. L. 103–429 § 3(5)(C) · 108 Stat. 4377

    Substituted · 23 U.S.C. § 134(l); 23 U.S.C. § 134(m)

    Pub. L. 103–429, § 3(5)(C), substituted “chapter 53 of title 49” for “the Federal Transit Act”

    Source evidence

    Code amendment note
    Subsecs. (l), (m). Pub. L. 103–429, § 3(5)(C), substituted “chapter 53 of title 49” for “the Federal Transit Act”.

    Enacted provision · exact public law section
    (C) In subsections (k)-(m), strike “the Federal Transit Act” wherever it appears and substitute “chapter 53 of tithe 49”.

11. 1995

    National Highway System Designation Act of 1995

    Pub. L. 104–59 title III § 317 · 109 Stat. 568

    Added · 23 U.S.C. § 134(f)(16)

    Pub. L. 104–59 added par. (16)

    Source evidence

    Code amendment note
    Subsec. (f)(16). Pub. L. 104–59 added par. (16).

    Enacted provision · exact public law section
    SEC. 317. METROPOLITAN PLANNING FOR HIGHWAY PROJECTS. Section 134(f) of title 23, United States Code, is amended by adding at the end the following: “(16) Recreational travel and tourism.”.

12. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(a) · 112 Stat. 107

    Amended · 23 U.S.C. § 134(a)

    Pub. L. 105–178, § 1203(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “It is in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner which will efficiently maximize mobility of people and goods within and through urbanized areas and minimize transportation-related fuel consumption and air pollution. To accomplish this objective, metropolitan planning organizations, in cooperation with the State, shall develop transportation plans and programs for urbanized areas of the State. Such plans and programs shall provide for the development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an intermodal transportation system for the State, the metropolitan areas, and the Nation. The process for developing such plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–178, § 1203(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: “It is in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner which will efficiently maximize mobility of people and goods within and through urbanized areas and minimize transportation-related fuel consumption and air pollution. To accomplish this objective, metropolitan planning organizations, in cooperation with the State, shall develop transportation plans and programs for urbanized areas of the State. Such plans and programs shall provide for the development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an intermodal transportation system for the State, the metropolitan areas, and the Nation. The process for developing such plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems.”

    Enacted provision · exact public law section
    (a) General Requirements.— Section 134(a) of title 23, United States Code, is amended to read as follows: “(a) General Requirements.— “(1) Findings.— It is in the national interest to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and through urbanized areas, while minimizing transportation-related fuel consumption and air pollution. “(2) Development of plans and programs.— To accomplish the objective stated in paragraph (1), metropolitan planning organizations designated under subsection (b), in cooperation with the State and public transit operators, shall develop transportation plans and programs for urbanized areas of the State. “(3) Contents.— The plans and programs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan area and as an integral part of an intermodal transportation system for the State and the United States. “(4) Process of development.— The process for developing the plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.”.

13. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(b)(1) · 112 Stat. 107

    1. Added · 23 U.S.C. § 134(b)(1); 23 U.S.C. § 134(b)(2)

       Pub. L. 105–178, § 1203(b)(1), added pars. (1) and (2)

    2. Struck · 23 U.S.C. § 134(b)(1); 23 U.S.C. § 134(b)(2)

       Pub. L. 105–178, § 1203(b)(1), struck out former pars. (1) and (2) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 105–178, § 1203(b)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

    “(1) In general.—To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area of more than 50,000 population by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population (including the central city or cities as defined by the Bureau of the Census) or in accordance with procedures established by applicable State or local law. “(2) Membership of certain mpo’s.—In a metropolitan area designated as a transportation management area, the metropolitan planning organization designated for such area shall include local elected officials, officials of agencies which administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization on June 1, 1991) and appropriate State officials. This paragraph shall only apply to a metropolitan planning organization which is redesignated after the date of the enactment of this section.”

    Enacted provision · exact public law section
    (1) In general.— Section 134(b) of such title is amended by striking paragraphs (1) and (2) and inserting the following: “(1) In general.— To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals— “(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities as defined by the Bureau of the Census); or “(B) in accordance with procedures established by applicable State or local law. “(2) Structure.— Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of— “(A) local elected officials; “(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization as of June 1, 1991); and “(C) appropriate State officials.”.

14. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(b)(2) · 112 Stat. 107

    Redesignated · 23 U.S.C. § 134(b)(4)

    Pub. L. 105–178, § 1203(b)(2), reenacted heading without change and amended text of par. (4) generally. Prior to amendment, text read as follows: “Designations of metropolitan planning organizations, whether made under this section or other provisions of law, shall remain in effect until redesignated under paragraph (5) or revoked by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population or as otherwise provided under State or local procedures.”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 105–178, § 1203(b)(2), reenacted heading without change and amended text of par. (4) generally. Prior to amendment, text read as follows: “Designations of metropolitan planning organizations, whether made under this section or other provisions of law, shall remain in effect until redesignated under paragraph (5) or revoked by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population or as otherwise provided under State or local procedures.”

    Enacted provision · exact public law section
    (2) Continuing designation.— Section 134(b)(4) of such title is amended to read as follows: 23 USC 134. “(4) Continuing designation.— A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).”.

15. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(b)(3) · 112 Stat. 107

    1. Substituted · 23 U.S.C. § 134(b)(5)(A)

       Pub. L. 105–178, § 1203(b)(3), substituted “agreement between the Governor” for “agreement among the Governor”

    2. Substituted · 23 U.S.C. § 134(b)(5)(A)

       Pub. L. 105–178, § 1203(b)(3), substituted “government that together represent” for “government which together represent”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(A). Pub. L. 105–178, § 1203(b)(3), substituted “agreement between the Governor” for “agreement among the Governor” and “government that together represent” for “government which together represent”.

    Enacted provision · exact public law section
    (3) Redesignation.— Section 134(b)(5)(A) of such title is amended— (A) by striking “among” and inserting “between”; and (B) by striking “which together” and inserting “that together”.

16. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(b)(4) · 112 Stat. 107

    Amended · 23 U.S.C. § 134(b)(6)

    Pub. L. 105–178, § 1203(b)(4), amended heading and text of par. (6) generally. Prior to amendment, text read as follows: “More than 1 metropolitan planning organization may be designated within an urbanized area as defined by the Bureau of the Census only if the Governor determines that the size and complexity of the urbanized area make designation of more than 1 metropolitan planning organization for such area appropriate.”

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 105–178, § 1203(b)(4), amended heading and text of par. (6) generally. Prior to amendment, text read as follows: “More than 1 metropolitan planning organization may be designated within an urbanized area as defined by the Bureau of the Census only if the Governor determines that the size and complexity of the urbanized area make designation of more than 1 metropolitan planning organization for such area appropriate.”

    Enacted provision · exact public law section
    (4) Designation of more than 1 metropolitan planning organization.— Section 134(b)(6) of such title is amended to read as follows: “(6) Designation of more than 1 metropolitan planning organization.— More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate.”.

17. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(c) · 112 Stat. 107

    1. Inserted · 23 U.S.C. § 134(c)

       Pub. L. 105–178, § 1203(c), inserted “Planning” before “Area” in subsec. heading

    2. Amended · 23 U.S.C. § 134(c)

       Pub. L. 105–178, § 1203(c), designated first sentence as par. (1)

    3. Inserted · 23 U.S.C. § 134(c)

       Pub. L. 105–178, § 1203(c), inserted par. heading

    4. Inserted · 23 U.S.C. § 134(c)

       Pub. L. 105–178, § 1203(c), inserted “planning” before “area”

    5. Added · 23 U.S.C. § 134(c)

       Pub. L. 105–178, § 1203(c), added pars. (2) to (4), realigned margins

    6. Struck · 23 U.S.C. § 134(c)

       Pub. L. 105–178, § 1203(c), struck out at end “Each metropolitan area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. For areas designated as nonattainment areas for ozone or carbon monoxide under the Clean Air Act, the boundaries of the metropolitan area shall at least include the boundaries of the nonattainment area, except as otherwise provided by agreement between the metropolitan planning organization and the Governor.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–178, § 1203(c), inserted “Planning” before “Area” in subsec. heading, designated first sentence as par. (1), inserted par. heading, and inserted “planning” before “area”, added pars. (2) to (4), realigned margins, and struck out at end “Each metropolitan area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. For areas designated as nonattainment areas for ozone or carbon monoxide under the Clean Air Act, the boundaries of the metropolitan area shall at least include the boundaries of the nonattainment area, except as otherwise provided by agreement between the metropolitan planning organization and the Governor.”

    Enacted provision · exact public law section
    (c) Metropolitan Planning Area Boundaries.— Section 134(c) of such title is amended— (1) in the subsection heading by inserting “Planning” before “Area”; (2) in the first sentence— (A) by striking “For the purposes” and inserting the following: “(1) In general.— For the purposes”; and (B) by inserting “planning” before “area”; (3) by striking the second sentence and all that follows and inserting the following: “(2) Included area.— Each metropolitan planning area— “(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period; and “(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. “(3) Existing metropolitan planning areas in nonattainment.— Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the boundaries of the metropolitan planning area in existence as of the date of enactment of this paragraph shall be retained, except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (b)(5). “(4) New metropolitan planning areas in nonattainment.— In the case of an urbanized area designated after the date of enactment of this paragraph as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— “(A) shall be established in the manner described in subsection (b)(1); “(B) shall encompass the areas described in paragraph (2)(A); “(C) may encompass the areas described in paragraph (2)(B); and “(D) may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.”; and (4) by aligning paragraph (1) (as designated by paragraph (2)(A) of this subsection) with paragraphs (2) through (4) (as inserted by paragraph (3) of this subsection).

18. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(d) · 112 Stat. 107

    Amended · 23 U.S.C. § 134(d)

    Pub. L. 105–178, § 1203(d), reenacted heading without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–178, § 1203(d), reenacted heading without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows:

    “(1) In general.—The Secretary shall establish such requirements as the Secretary considers appropriate to encourage Governors and metropolitan planning organizations with responsibility for a portion of a multi-State metropolitan area to provide coordinated transportation planning for the entire metropolitan area. “(2) Compacts.—The consent of Congress is hereby given to any 2 or more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as such activities pertain to interstate areas and localities within such States and to establish such agencies, joint or otherwise, as such States may deem desirable for making such agreements and compacts effective.”

    Enacted provision · exact public law section
    (d) Coordination in Multistate Areas.— Section 134(d) of 23 USC 134. such title is amended to read as follows: “(d) Coordination in Multistate Areas.— “(1) In general.— The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. “(2) Interstate compacts.— The consent of Congress is granted to any 2 or more States— “(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and “(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. “(3) Lake tahoe region.— “(A) Definition.— In this paragraph, the term ‘Lake Tahoe region’ has the meaning given the term ‘region’ in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96–551 (94 Stat. 3234). “(B) Transportation planning process.— The Secretary shall— “(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and “(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section, section 135, and chapter 53 of title 49. “(C) Interstate compact.— “(i) In general.— Subject to clause (ii), notwithstanding Nevada. subsection (b), to carry out the transportation planning process required by this section, the consent of Congress is granted to the States of California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and Nevada and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities (as defined by the Bureau of the Census)), or in accordance with procedures established by applicable State or local law. “(ii) Involvement of federal land management agencies.— “(I) Representation.— The policy board of a metropolitan planning organization designated under clause (i) shall include a representative of each Federal land management agency that has jurisdiction over land in the Lake Tahoe region. “(II) Funding.— In addition to funds made available to the metropolitan planning organization under other provisions of this title and under chapter 53 of title 49, not more than 1 percent of the funds allocated under section 202 may be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph. “(D) Activities.— Highway projects included in transportation plans developed under this paragraph— “(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and “(ii) may, in accordance with chapter 2, be funded using funds allocated under section 202. “(4) Recipients of other assistance.— The Secretary shall encourage each metropolitan planning organization to coordinate, to the maximum extent practicable, the design and delivery of transportation services within the metropolitan planning area that are provided— “(A) by recipients of assistance under chapter 53 of title 49; and “(B) by governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services.”.

19. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(e) · 112 Stat. 107

    1. Substituted · 23 U.S.C. § 134(e)

       Pub. L. 105–178, § 1203(e), substituted “MPOs” for “MPO’s” in subsec. heading

    2. Amended · 23 U.S.C. § 134(e)

       Pub. L. 105–178, § 1203(e), designated existing provisions as par. (1)

    3. Inserted · 23 U.S.C. § 134(e)

       Pub. L. 105–178, § 1203(e), inserted par. heading

    4. Added · 23 U.S.C. § 134(e)

       Pub. L. 105–178, § 1203(e), added par. (2), and realigned margins

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–178, § 1203(e), substituted “MPOs” for “MPO’s” in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, added par. (2), and realigned margins.

    Enacted provision · exact public law section
    (e) Coordination of MPOs.— Section 134(e) of such title is 23 USC 134. amended— (1) in the subsection heading by striking “MPO’s” and inserting “MPOs”; (2) by striking “If” and inserting the following: “(1) Nonattainment areas.— If”; (3) by adding at the end the following: “(2) Project located in multiple mpos.— If a project is located within the boundaries of more than 1 metropolitan planning organization, the metropolitan planning organizations shall coordinate plans regarding the project.”; and (4) by aligning paragraph (1) (as designated by paragraph (2) of this subsection) with paragraph (2) (as added by paragraph (3) of this subsection).

20. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(f) · 112 Stat. 107

    1. Amended · 23 U.S.C. § 134(f)

       Pub. L. 105–178, § 1203(f), amended heading and text of subsec. (f) generally

    2. Substituted · 23 U.S.C. § 134(f)

       Pub. L. 105–178, § 1203(f), substituting provisions relating to scope of planning process for provisions relating to factors to be considered in developing transportation plans and programs

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–178, § 1203(f), amended heading and text of subsec. (f) generally, substituting provisions relating to scope of planning process for provisions relating to factors to be considered in developing transportation plans and programs.

    Enacted provision · exact public law section
    (f) Scope of Planning Process.— Section 134(f) of such title is amended to read as follows: “(f) Scope of Planning Process.— “(1) In general.— The metropolitan transportation planning process for a metropolitan area under this section shall provide for consideration of projects and strategies that will— “(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; “(B) increase the safety and security of the transportation system for motorized and nonmotorized users; “(C) increase the accessibility and mobility options available to people and for freight; “(D) protect and enhance the environment, promote energy conservation, and improve quality of life; “(E) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; “(F) promote efficient system management and operation; and “(G) emphasize the preservation of the existing transportation system. “(2) Failure to consider factors.— The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a transportation improvement plan, a project or strategy, or the certification of a planning process.”.

21. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(g)(6) · 112 Stat. 107

    Substituted · 23 U.S.C. § 134(g)

    Pub. L. 105–178, § 1203(g)(6), substituted “Long-Range Transportation Plan” for “Long Range Plan” in heading

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–178, § 1203(g)(6), substituted “Long-Range Transportation Plan” for “Long Range Plan” in heading.

    Enacted provision · exact public law section
    (6) in the subsection heading by striking “Long Range Plan” and inserting “Long-Range Transportation Plan”;

22. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(g)(8) · 112 Stat. 107

    Substituted · 23 U.S.C. § 134(g)(1)

    Pub. L. 105–178, § 1203(g)(8), substituted “long-range transportation plan” for “long range plan”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 105–178, § 1203(g)(8), substituted “long-range transportation plan” for “long range plan”.

    Enacted provision · exact public law section
    (8) by striking “long range plan” each place it appears and inserting “long-range transportation plan”.

23. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(g)(1) · 112 Stat. 107

    1. Substituted · 23 U.S.C. § 134(g)(2)

       Pub. L. 105–178, § 1203(g)(1), (7), (8), substituted “Long-range transportation plan” for “Long range plan” in heading

    2. Substituted · 23 U.S.C. § 134(g)(2)

       Pub. L. 105–178, § 1203(g)(1), (7), (8), substituted “long-range transportation plan” for “long range plan” in introductory provisions

    3. Substituted · 23 U.S.C. § 134(g)(2)

       Pub. L. 105–178, § 1203(g)(1), (7), (8), substituted “contain, at a minimum, the following” for “, at a minimum” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 105–178, § 1203(g)(1), (7), (8), substituted “Long-range transportation plan” for “Long range plan” in heading and substituted “long-range transportation plan” for “long range plan” and “contain, at a minimum, the following” for “, at a minimum” in introductory provisions.

    Enacted provision · exact public law section
    (1) in paragraph (2) by striking “, at a minimum” and inserting “contain, at a minimum, the following”;

24. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(g)(2) · 112 Stat. 107

    1. Substituted · 23 U.S.C. § 134(g)(2)(A)

       Pub. L. 105–178, § 1203(g)(2), (8), substituted “An identification of” for “Identify”

    2. Substituted · 23 U.S.C. § 134(g)(2)(A)

       Pub. L. 105–178, § 1203(g)(2), (8), substituted “long-range transportation plan” for “long range plan”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(A). Pub. L. 105–178, § 1203(g)(2), (8), substituted “An identification of” for “Identify” and “long-range transportation plan” for “long range plan”.

    Enacted provision · exact public law section
    (2) in paragraph (2)(A) by striking “Identify” and inserting “An identification of”; and

25. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(g)(3) · 112 Stat. 107

    1. Added · 23 U.S.C. § 134(g)(2)(B)

       Pub. L. 105–178, § 1203(g)(3), added subpar. (B)

    2. Struck · 23 U.S.C. § 134(g)(2)(B)

       Pub. L. 105–178, § 1203(g)(3), struck out former subpar. (B) which read as follows: “Include a financial plan that demonstrates how the long-range plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any innovative financing techniques to finance needed projects and programs, including such techniques as value capture, tolls and congestion pricing.”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(B). Pub. L. 105–178, § 1203(g)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: “Include a financial plan that demonstrates how the long-range plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any innovative financing techniques to finance needed projects and programs, including such techniques as value capture, tolls and congestion pricing.”

    Enacted provision · exact public law section
    (3) by striking paragraph (2)(B) and inserting the following: “(B) A financial plan that demonstrates how the adopted long-range transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted long-range transportation plan if reasonable additional resources beyond those identified in the financial plan were available. For the purpose of developing the long-range transportation plan, the metropolitan planning organization and State shall cooperatively develop estimates of funds that will be available to support plan implementation.”;

26. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(g)(8) · 112 Stat. 107

    Substituted · 23 U.S.C. § 134(g)(3)

    Pub. L. 105–178, § 1203(g)(8), substituted “long-range transportation plan” for “long range plan”

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 105–178, § 1203(g)(8), substituted “long-range transportation plan” for “long range plan”.

    Enacted provision · exact public law section
    (8) by striking “long range plan” each place it appears and inserting “long-range transportation plan”.

27. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(g)(4) · 112 Stat. 107

    1. Substituted · 23 U.S.C. § 134(g)(4)

       Pub. L. 105–178, § 1203(g)(4), (8), substituted “long-range transportation plan” for “long range plan” in two places

    2. Inserted · 23 U.S.C. § 134(g)(4)

       Pub. L. 105–178, § 1203(g)(4), (8), inserted “freight shippers, providers of freight transportation services,” after “transportation agency employees,” and “representatives of users of public transit,” after “private providers of transportation,”

    Source evidence

    Code amendment note
    Subsec. (g)(4). Pub. L. 105–178, § 1203(g)(4), (8), substituted “long-range transportation plan” for “long range plan” in two places and inserted “freight shippers, providers of freight transportation services,” after “transportation agency employees,” and “representatives of users of public transit,” after “private providers of transportation,”.

    Enacted provision · exact public law section
    (4) in paragraph (4)— (A) by inserting after “employees,” the following: “freight shippers, providers of freight transportation services,”; and (B) by inserting after “private providers of transportation,” the following: “representatives of users of public transit,”;

28. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(g)(7) · 112 Stat. 107

    Substituted · 23 U.S.C. § 134(g)(5)

    Pub. L. 105–178, § 1203(g)(7), (8), substituted “long-range transportation plan” for “long range plan” in heading and in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (g)(5). Pub. L. 105–178, § 1203(g)(7), (8), substituted “long-range transportation plan” for “long range plan” in heading and in introductory provisions.

    Enacted provision · exact public law section
    (7) in the headings for paragraphs (2) and (5) by striking “long range plan” and inserting “long-range transportation plan”; and

29. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(g)(5) · 112 Stat. 107

    Added · 23 U.S.C. § 134(g)(6)

    Pub. L. 105–178, § 1203(g)(5), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (g)(6). Pub. L. 105–178, § 1203(g)(5), added par. (6).

    Enacted provision · exact public law section
    (5) by adding at the end the following: “(6) Selection of projects from illustrative list.— Notwithstanding paragraph (2)(B), 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 paragraph (2)(B).” ;

30. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(h) · 112 Stat. 107

    Amended · 23 U.S.C. § 134(h)

    Pub. L. 105–178, § 1203(h), amended heading and text of subsec. (h) generally. Prior to amendment, text related to transportation improvement program, providing for development of program, priority and selection of projects, major capital investments, requirement of inclusion of projects within area proposed for funding, and provision of reasonable notice and opportunity to comment for interested citizens

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 105–178, § 1203(h), amended heading and text of subsec. (h) generally. Prior to amendment, text related to transportation improvement program, providing for development of program, priority and selection of projects, major capital investments, requirement of inclusion of projects within area proposed for funding, and provision of reasonable notice and opportunity to comment for interested citizens.

    Enacted provision · exact public law section
    (h) Metropolitan Transportation Improvement Program.— Section 134(h) of such title is amended to read as follows: 23 USC 134. “(h) Metropolitan Transportation Improvement Program.— “(1) Development.— “(A) In general.— In cooperation with the State and any affected public transit operator, the metropolitan planning organization designated for a metropolitan area shall develop a transportation improvement program for the area for which the organization is designated. “(B) Opportunity for comment.— In developing the program, the metropolitan planning organization, in cooperation with the State and any affected public transit operator, shall provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the proposed program. “(C) Funding estimates.— For the purpose of developing the transportation improvement program, the metropolitan planning organization, public transit agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. “(D) Updating and approval.— The program shall be updated at least once every 2 years and shall be approved by the metropolitan planning organization and the Governor. “(2) Contents.— The transportation improvement program shall include— “(A) a priority list of proposed federally supported projects and strategies to be carried out within each 3-year period after the initial adoption of the transportation improvement program; and “(B) a financial plan that— “(i) demonstrates how the transportation improvement program can be implemented; “(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; “(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and “(iv) 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. “(3) Included projects.— “(A) Projects under this chapter and chapter 53 of title 49.— A transportation improvement program developed under this subsection for a metropolitan area shall include the projects and strategies within the area that are proposed for funding under this chapter and chapter 53 of title 49. “(B) Projects under chapter 2.— “(i) Regionally significant projects.— Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. “(ii) Other projects.— Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. “(C) Consistency with long-range transportation plan.— Each project shall be consistent with the long-range transportation plan developed under subsection (g) for the area. “(D) Requirement of anticipated full funding.— The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. “(4) Notice and comment.— Before approving a transportation improvement program, a metropolitan planning organization shall, in cooperation with the State and any affected public transit operator, provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with reasonable notice of and an opportunity to comment on the proposed program. “(5) Selection of projects.— “(A) In general.— Except as otherwise provided in subsection (i)(4) and in addition to the transportation improvement program development required under paragraph (1), the selection of federally funded projects for implementation in metropolitan areas shall be carried out, from the approved transportation improvement program— “(i) by— “(I) in the case of projects under this chapter, the State; and “(II) in the case of projects under chapter 53 of title 49, the designated transit funding recipients; and “(ii) in cooperation with the metropolitan planning organization. “(B) Modifications to project priority.— 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. “(6) Selection of projects from illustrative list.— “(A) No required selection.— Notwithstanding paragraph (2)(B)(iv), 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 paragraph (2)(B)(iv). “(B) Required action by the 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 financial plan under paragraph (2)(B)(iv) for inclusion in an approved transportation improvement program. “(7) Publication.— “(A) Publication of transportation improvement programs.— A transportation improvement program involving Government participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. “(B) Publication of annual listings of projects.— An annual listing of projects for which Federal 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.” .

31. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203 · 112 Stat. 107

    1. Added · 23 U.S.C. § 134(h)(5)(A)

       Pub. L. 105–178, § 1203(o), as added by Pub. L. 105–206, § 9003(c)

    2. Struck · 23 U.S.C. § 134(h)(5)(A)

       Pub. L. 105–178, § 1203(o), as struck out “for implementation” after “federally funded projects” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (h)(5)(A). Pub. L. 105–178, § 1203(o), as added by Pub. L. 105–206, § 9003(c), struck out “for implementation” after “federally funded projects” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 1203. METROPOLITAN PLANNING. (a) General Requirements.— Section 134(a) of title 23, United States Code, is amended to read as follows: “(a) General Requirements.— “(1) Findings.— It is in the national interest to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and through urbanized areas, while minimizing transportation-related fuel consumption and air pollution. “(2) Development of plans and programs.— To accomplish the objective stated in paragraph (1), metropolitan planning organizations designated under subsection (b), in cooperation with the State and public transit operators, shall develop transportation plans and programs for urbanized areas of the State. “(3) Contents.— The plans and programs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan area and as an integral part of an intermodal transportation system for the State and the United States. “(4) Process of development.— The process for developing the plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.”. (b) Designation of Metropolitan Planning Organizations.— (1) In general.— Section 134(b) of such title is amended by striking paragraphs (1) and (2) and inserting the following: “(1) In general.— To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals— “(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities as defined by the Bureau of the Census); or “(B) in accordance with procedures established by applicable State or local law. “(2) Structure.— Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of— “(A) local elected officials; “(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization as of June 1, 1991); and “(C) appropriate State officials.”. (2) Continuing designation.— Section 134(b)(4) of such title is amended to read as follows: 23 USC 134. “(4) Continuing designation.— A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).”. (3) Redesignation.— Section 134(b)(5)(A) of such title is amended— (A) by striking “among” and inserting “between”; and (B) by striking “which together” and inserting “that together”. (4) Designation of more than 1 metropolitan planning organization.— Section 134(b)(6) of such title is amended to read as follows: “(6) Designation of more than 1 metropolitan planning organization.— More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate.”. (c) Metropolitan Planning Area Boundaries.— Section 134(c) of such title is amended— (1) in the subsection heading by inserting “Planning” before “Area”; (2) in the first sentence— (A) by striking “For the purposes” and inserting the following: “(1) In general.— For the purposes”; and (B) by inserting “planning” before “area”; (3) by striking the second sentence and all that follows and inserting the following: “(2) Included area.— Each metropolitan planning area— “(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period; and “(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. “(3) Existing metropolitan planning areas in nonattainment.— Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the boundaries of the metropolitan planning area in existence as of the date of enactment of this paragraph shall be retained, except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (b)(5). “(4) New metropolitan planning areas in nonattainment.— In the case of an urbanized area designated after the date of enactment of this paragraph as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— “(A) shall be established in the manner described in subsection (b)(1); “(B) shall encompass the areas described in paragraph (2)(A); “(C) may encompass the areas described in paragraph (2)(B); and “(D) may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.”; and (4) by aligning paragraph (1) (as designated by paragraph (2)(A) of this subsection) with paragraphs (2) through (4) (as inserted by paragraph (3) of this subsection). (d) Coordination in Multistate Areas.— Section 134(d) of 23 USC 134. such title is amended to read as follows: “(d) Coordination in Multistate Areas.— “(1) In general.— The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. “(2) Interstate compacts.— The consent of Congress is granted to any 2 or more States— “(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and “(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. “(3) Lake tahoe region.— “(A) Definition.— In this paragraph, the term ‘Lake Tahoe region’ has the meaning given the term ‘region’ in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96–551 (94 Stat. 3234). “(B) Transportation planning process.— The Secretary shall— “(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and “(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section, section 135, and chapter 53 of title 49. “(C) Interstate compact.— “(i) In general.— Subject to clause (ii), notwithstanding Nevada. subsection (b), to carry out the transportation planning process required by this section, the consent of Congress is granted to the States of California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and Nevada and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities (as defined by the Bureau of the Census)), or in accordance with procedures established by applicable State or local law. “(ii) Involvement of federal land management agencies.— “(I) Representation.— The policy board of a metropolitan planning organization designated under clause (i) shall include a representative of each Federal land management agency that has jurisdiction over land in the Lake Tahoe region. “(II) Funding.— In addition to funds made available to the metropolitan planning organization under other provisions of this title and under chapter 53 of title 49, not more than 1 percent of the funds allocated under section 202 may be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph. “(D) Activities.— Highway projects included in transportation plans developed under this paragraph— “(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and “(ii) may, in accordance with chapter 2, be funded using funds allocated under section 202. “(4) Recipients of other assistance.— The Secretary shall encourage each metropolitan planning organization to coordinate, to the maximum extent practicable, the design and delivery of transportation services within the metropolitan planning area that are provided— “(A) by recipients of assistance under chapter 53 of title 49; and “(B) by governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services.”. (e) Coordination of MPOs.— Section 134(e) of such title is 23 USC 134. amended— (1) in the subsection heading by striking “MPO’s” and inserting “MPOs”; (2) by striking “If” and inserting the following: “(1) Nonattainment areas.— If”; (3) by adding at the end the following: “(2) Project located in multiple mpos.— If a project is located within the boundaries of more than 1 metropolitan planning organization, the metropolitan planning organizations shall coordinate plans regarding the project.”; and (4) by aligning paragraph (1) (as designated by paragraph (2) of this subsection) with paragraph (2) (as added by paragraph (3) of this subsection). (f) Scope of Planning Process.— Section 134(f) of such title is amended to read as follows: “(f) Scope of Planning Process.— “(1) In general.— The metropolitan transportation planning process for a metropolitan area under this section shall provide for consideration of projects and strategies that will— “(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; “(B) increase the safety and security of the transportation system for motorized and nonmotorized users; “(C) increase the accessibility and mobility options available to people and for freight; “(D) protect and enhance the environment, promote energy conservation, and improve quality of life; “(E) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; “(F) promote efficient system management and operation; and “(G) emphasize the preservation of the existing transportation system. “(2) Failure to consider factors.— The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a transportation improvement plan, a project or strategy, or the certification of a planning process.”. (g) Long-Range Transportation Plan.— Section 134(g) of such title is amended— (1) in paragraph (2) by striking “, at a minimum” and inserting “contain, at a minimum, the following”; (2) in paragraph (2)(A) by striking “Identify” and inserting “An identification of”; and (3) by striking paragraph (2)(B) and inserting the following: “(B) A financial plan that demonstrates how the adopted long-range transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted long-range transportation plan if reasonable additional resources beyond those identified in the financial plan were available. For the purpose of developing the long-range transportation plan, the metropolitan planning organization and State shall cooperatively develop estimates of funds that will be available to support plan implementation.”; (4) in paragraph (4)— (A) by inserting after “employees,” the following: “freight shippers, providers of freight transportation services,”; and (B) by inserting after “private providers of transportation,” the following: “representatives of users of public transit,”; (5) by adding at the end the following: “(6) Selection of projects from illustrative list.— Notwithstanding paragraph (2)(B), 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 paragraph (2)(B).” ; (6) in the subsection heading by striking “Long Range Plan” and inserting “Long-Range Transportation Plan”; (7) in the headings for paragraphs (2) and (5) by striking “long range plan” and inserting “long-range transportation plan”; and (8) by striking “long range plan” each place it appears and inserting “long-range transportation plan”. (h) Metropolitan Transportation Improvement Program.— Section 134(h) of such title is amended to read as follows: 23 USC 134. “(h) Metropolitan Transportation Improvement Program.— “(1) Development.— “(A) In general.— In cooperation with the State and any affected public transit operator, the metropolitan planning organization designated for a metropolitan area shall develop a transportation improvement program for the area for which the organization is designated. “(B) Opportunity for comment.— In developing the program, the metropolitan planning organization, in cooperation with the State and any affected public transit operator, shall provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the proposed program. “(C) Funding estimates.— For the purpose of developing the transportation improvement program, the metropolitan planning organization, public transit agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. “(D) Updating and approval.— The program shall be updated at least once every 2 years and shall be approved by the metropolitan planning organization and the Governor. “(2) Contents.— The transportation improvement program shall include— “(A) a priority list of proposed federally supported projects and strategies to be carried out within each 3-year period after the initial adoption of the transportation improvement program; and “(B) a financial plan that— “(i) demonstrates how the transportation improvement program can be implemented; “(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; “(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and “(iv) 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. “(3) Included projects.— “(A) Projects under this chapter and chapter 53 of title 49.— A transportation improvement program developed under this subsection for a metropolitan area shall include the projects and strategies within the area that are proposed for funding under this chapter and chapter 53 of title 49. “(B) Projects under chapter 2.— “(i) Regionally significant projects.— Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. “(ii) Other projects.— Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. “(C) Consistency with long-range transportation plan.— Each project shall be consistent with the long-range transportation plan developed under subsection (g) for the area. “(D) Requirement of anticipated full funding.— The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. “(4) Notice and comment.— Before approving a transportation improvement program, a metropolitan planning organization shall, in cooperation with the State and any affected public transit operator, provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with reasonable notice of and an opportunity to comment on the proposed program. “(5) Selection of projects.— “(A) In general.— Except as otherwise provided in subsection (i)(4) and in addition to the transportation improvement program development required under paragraph (1), the selection of federally funded projects for implementation in metropolitan areas shall be carried out, from the approved transportation improvement program— “(i) by— “(I) in the case of projects under this chapter, the State; and “(II) in the case of projects under chapter 53 of title 49, the designated transit funding recipients; and “(ii) in cooperation with the metropolitan planning organization. “(B) Modifications to project priority.— 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. “(6) Selection of projects from illustrative list.— “(A) No required selection.— Notwithstanding paragraph (2)(B)(iv), 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 paragraph (2)(B)(iv). “(B) Required action by the 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 financial plan under paragraph (2)(B)(iv) for inclusion in an approved transportation improvement program. “(7) Publication.— “(A) Publication of transportation improvement programs.— A transportation improvement program involving Government participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. “(B) Publication of annual listings of projects.— An annual listing of projects for which Federal 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.” . (i) Transportation Management Areas.— (1) Required designations.— Section 134(i)(1) of such title 23 USC 134. is amended to read as follows: “(1) Designation.— “(A) Required designations.— The Secretary shall designate as a transportation management area each urbanized area with a population of over 200,000 individuals. “(B) Designations on request.— The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.” . (2) Selection of projects.— Section 134(i)(4) of such title is amended to read as follows: “(4) Selection of projects.— “(A) In general.— All federally funded projects carried out within the boundaries of a transportation management area under this title (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under chapter 53 of title 49 shall be selected for implementation from the approved transportation improvement program by the metropolitan planning organization designated for the area in consultation with the State and any affected public transit operator. “(B) National highway system projects.— Projects carried out within the boundaries of a transportation management area on the National Highway System and projects carried out within such boundaries under the bridge program or the Interstate maintenance program shall be selected for implementation from the approved transportation improvement program by the State in cooperation with the metropolitan planning organization designated for the area.” . (3) 23 USC 134. Certification.— Section 134(i)(5) of such title is amended to read as follows: “(5) Certification.— “(A) In general.— The Secretary shall— “(i) ensure that the metropolitan planning process in each transportation management area is being carried out in accordance with applicable provisions of Federal law; and “(ii) subject to subparagraph (B), certify, not less often than once every 3 years, that the requirements of this paragraph are met with respect to the transportation management area. “(B) Requirements for certification.— The Secretary may make the certification under subparagraph (A) if— “(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and “(ii) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. “(C) Effect of failure to certify.— “(i) Withholding of funds.— If a metropolitan planning process is not certified, the Secretary may withhold up to 20 percent of the apportioned funds attributable to the transportation management area under this title and chapter 53 of title 49. “(ii) Restoration of withheld funds.— The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. “(iii) Feasibility of private enterprise participation.— The Secretary shall not withhold certification under this paragraph based on the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 5306(a) of title 49. “(D) Review of certification.— In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.” . (j) Abbreviated Plans and Programs for Certain Areas.— Section 134(j) of such title is amended to read as follows: “(j) Abbreviated Plans and Programs for Certain Areas.— “(1) In general.— Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated long-range transportation plan and transportation improvement program for the metropolitan area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. “(2) Nonattainment areas.— The Secretary may not permit abbreviated plans or programs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).” . (k) Additional Requirements for Certain Nonattainment Areas.— Section 134(l) of such title is amended— (1) by striking “Notwithstanding” and inserting the following: “(1) In general.— Notwithstanding” ; and (2) by adding at the end the following: “(2) Applicability.— This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (c).” . (l) Funding.— Section 134(n) of such title is amended to read as follows: “(n) Funding.— “(1) In general.— Funds set aside under section 104(f) of this title to carry out sections 5303 through 5305 of title 49 shall be available to carry out this section. “(2) Unused funds.— Any funds that are not used to carry out this section may be made available by the metropolitan planning organization to the State to fund activities under section 135.” . (m) Continuation of Current Review Practice.— Section 134 of such title is amended by adding at the end the following: “(o) Continuation of Current Review Practice.— Since plans and programs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the plans and programs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and programs described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a plan or program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).” . (n) Technical Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 134 and inserting the following: “134. Metropolitan planning.” .

32. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(i)(1) · 112 Stat. 107

    Amended · 23 U.S.C. § 134(i)(1)

    Pub. L. 105–178, § 1203(i)(1), reenacted heading without change and amended text of par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall designate as transportation management areas all urbanized areas over 200,000 population. The Secretary shall designate any additional area as a transportation management area upon the request of the Governor and the metropolitan planning organization designated for such area or the affected local officials. Such additional areas shall include upon such a request the Lake Tahoe Basin as defined by Public Law 96–551.”

    Source evidence

    Code amendment note
    Subsec. (i)(1). Pub. L. 105–178, § 1203(i)(1), reenacted heading without change and amended text of par. (1) generally. Prior to amendment, text read as follows: “The Secretary shall designate as transportation management areas all urbanized areas over 200,000 population. The Secretary shall designate any additional area as a transportation management area upon the request of the Governor and the metropolitan planning organization designated for such area or the affected local officials. Such additional areas shall include upon such a request the Lake Tahoe Basin as defined by Public Law 96–551.”

    Enacted provision · exact public law section
    (1) Required designations.— Section 134(i)(1) of such title 23 USC 134. is amended to read as follows: “(1) Designation.— “(A) Required designations.— The Secretary shall designate as a transportation management area each urbanized area with a population of over 200,000 individuals. “(B) Designations on request.— The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.” .

33. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(i)(2) · 112 Stat. 107

    Amended · 23 U.S.C. § 134(i)(4)

    Pub. L. 105–178, § 1203(i)(2), reenacted heading without change and amended text of par. (4) generally. Prior to amendment, text read as follows: “All projects carried out within the boundaries of a transportation management area with Federal participation pursuant to this title (excluding projects undertaken on the National Highway System and pursuant to the bridge and Interstate maintenance programs) or pursuant to chapter 53 of title 49 shall be selected by the metropolitan planning organization designated for such area in consultation with the State and in conformance with the transportation improvement program for such area and priorities established therein. Projects undertaken within the boundaries of a transportation management area on the National Highway System or pursuant to the bridge and Interstate maintenance programs shall be selected by the State in cooperation with the metropolitan planning organization designated for such area and shall be in conformance with the transportation improvement program for such area.”

    Source evidence

    Code amendment note
    Subsec. (i)(4). Pub. L. 105–178, § 1203(i)(2), reenacted heading without change and amended text of par. (4) generally. Prior to amendment, text read as follows: “All projects carried out within the boundaries of a transportation management area with Federal participation pursuant to this title (excluding projects undertaken on the National Highway System and pursuant to the bridge and Interstate maintenance programs) or pursuant to chapter 53 of title 49 shall be selected by the metropolitan planning organization designated for such area in consultation with the State and in conformance with the transportation improvement program for such area and priorities established therein. Projects undertaken within the boundaries of a transportation management area on the National Highway System or pursuant to the bridge and Interstate maintenance programs shall be selected by the State in cooperation with the metropolitan planning organization designated for such area and shall be in conformance with the transportation improvement program for such area.”

    Enacted provision · exact public law section
    (2) Selection of projects.— Section 134(i)(4) of such title is amended to read as follows: “(4) Selection of projects.— “(A) In general.— All federally funded projects carried out within the boundaries of a transportation management area under this title (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under chapter 53 of title 49 shall be selected for implementation from the approved transportation improvement program by the metropolitan planning organization designated for the area in consultation with the State and any affected public transit operator. “(B) National highway system projects.— Projects carried out within the boundaries of a transportation management area on the National Highway System and projects carried out within such boundaries under the bridge program or the Interstate maintenance program shall be selected for implementation from the approved transportation improvement program by the State in cooperation with the metropolitan planning organization designated for the area.” .

34. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(i)(3) · 112 Stat. 107

    Amended · 23 U.S.C. § 134(i)(5)

    Pub. L. 105–178, § 1203(i)(3), reenacted heading without change and amended text of par. (5) generally. Prior to amendment, text read as follows: “The Secretary shall assure that each metropolitan planning organization in each transportation management area is carrying out its responsibilities under applicable provisions of Federal law, and shall so certify at least once every 3 years. The Secretary may make such certification only if (1) a metropolitan planning organization is complying with the requirements of this section and other applicable requirements of Federal law, and (2) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. If after September 30, 1993, a metropolitan planning organization is not certified by the Secretary, the Secretary may withhold, in whole or in part, the apportionment under section 104(b)(3) attributed to the relevant metropolitan area pursuant to section 133(d)(3) and capital funds apportioned under the formula program under section 5336 of title 49. If a metropolitan planning organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of the apportionment attributed to that metropolitan area under section 133(d)(3) and capital funds apportioned under the formula program under section 5336 of title 49 shall be withheld. The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. The Secretary shall not withhold certification under this section based upon the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 5306(a) of title 49.”

    Source evidence

    Code amendment note
    Subsec. (i)(5). Pub. L. 105–178, § 1203(i)(3), reenacted heading without change and amended text of par. (5) generally. Prior to amendment, text read as follows: “The Secretary shall assure that each metropolitan planning organization in each transportation management area is carrying out its responsibilities under applicable provisions of Federal law, and shall so certify at least once every 3 years. The Secretary may make such certification only if (1) a metropolitan planning organization is complying with the requirements of this section and other applicable requirements of Federal law, and (2) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. If after September 30, 1993, a metropolitan planning organization is not certified by the Secretary, the Secretary may withhold, in whole or in part, the apportionment under section 104(b)(3) attributed to the relevant metropolitan area pursuant to section 133(d)(3) and capital funds apportioned under the formula program under section 5336 of title 49. If a metropolitan planning organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of the apportionment attributed to that metropolitan area under section 133(d)(3) and capital funds apportioned under the formula program under section 5336 of title 49 shall be withheld. The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. The Secretary shall not withhold certification under this section based upon the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 5306(a) of title 49.”

    Enacted provision · exact public law section
    (3) 23 USC 134. Certification.— Section 134(i)(5) of such title is amended to read as follows: “(5) Certification.— “(A) In general.— The Secretary shall— “(i) ensure that the metropolitan planning process in each transportation management area is being carried out in accordance with applicable provisions of Federal law; and “(ii) subject to subparagraph (B), certify, not less often than once every 3 years, that the requirements of this paragraph are met with respect to the transportation management area. “(B) Requirements for certification.— The Secretary may make the certification under subparagraph (A) if— “(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and “(ii) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. “(C) Effect of failure to certify.— “(i) Withholding of funds.— If a metropolitan planning process is not certified, the Secretary may withhold up to 20 percent of the apportioned funds attributable to the transportation management area under this title and chapter 53 of title 49. “(ii) Restoration of withheld funds.— The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. “(iii) Feasibility of private enterprise participation.— The Secretary shall not withhold certification under this paragraph based on the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 5306(a) of title 49. “(D) Review of certification.— In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.” .

35. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(j) · 112 Stat. 107

    Amended · 23 U.S.C. § 134(j)

    Pub. L. 105–178, § 1203(j), reenacted heading without change and amended text of subsec. (j) generally. Prior to amendment, text read as follows: “For metropolitan areas not designated as transportation management areas under this section, the Secretary may provide for the development of abbreviated metropolitan transportation plans and programs that the Secretary determines to be appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems, including transportation related air quality problems, in such areas. In no event shall the Secretary provide abbreviated plans or programs for metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act.”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 105–178, § 1203(j), reenacted heading without change and amended text of subsec. (j) generally. Prior to amendment, text read as follows: “For metropolitan areas not designated as transportation management areas under this section, the Secretary may provide for the development of abbreviated metropolitan transportation plans and programs that the Secretary determines to be appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems, including transportation related air quality problems, in such areas. In no event shall the Secretary provide abbreviated plans or programs for metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act.”

    Enacted provision · exact public law section
    (j) Abbreviated Plans and Programs for Certain Areas.— Section 134(j) of such title is amended to read as follows: “(j) Abbreviated Plans and Programs for Certain Areas.— “(1) In general.— Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated long-range transportation plan and transportation improvement program for the metropolitan area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. “(2) Nonattainment areas.— The Secretary may not permit abbreviated plans or programs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).” .

36. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(k) · 112 Stat. 107

    1. Amended · 23 U.S.C. § 134(l)

       Pub. L. 105–178, § 1203(k), designated existing provisions as par. (1)

    2. Inserted · 23 U.S.C. § 134(l)

       Pub. L. 105–178, § 1203(k), inserted heading

    3. Added · 23 U.S.C. § 134(l)

       Pub. L. 105–178, § 1203(k), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 105–178, § 1203(k), designated existing provisions as par. (1), inserted heading, and added par. (2).

    Enacted provision · exact public law section
    (k) Additional Requirements for Certain Nonattainment Areas.— Section 134(l) of such title is amended— (1) by striking “Notwithstanding” and inserting the following: “(1) In general.— Notwithstanding” ; and (2) by adding at the end the following: “(2) Applicability.— This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (c).” .

37. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203 · 112 Stat. 107

    Amended · 23 U.S.C. § 134(n)

    Pub. L. 105–178, § 1203(l), amended heading and text of subsec. (n) generally. Prior to amendment, text read as follows: “Any funds set aside pursuant to section 104(f) of this title that are not used for the purpose of carrying out this section may be made available by the metropolitan planning organization to the State for the purpose of funding activities under section 135.”

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 105–178, § 1203(l), amended heading and text of subsec. (n) generally. Prior to amendment, text read as follows: “Any funds set aside pursuant to section 104(f) of this title that are not used for the purpose of carrying out this section may be made available by the metropolitan planning organization to the State for the purpose of funding activities under section 135.”

    Enacted provision · exact public law section
    SEC. 1203. METROPOLITAN PLANNING. (a) General Requirements.— Section 134(a) of title 23, United States Code, is amended to read as follows: “(a) General Requirements.— “(1) Findings.— It is in the national interest to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and through urbanized areas, while minimizing transportation-related fuel consumption and air pollution. “(2) Development of plans and programs.— To accomplish the objective stated in paragraph (1), metropolitan planning organizations designated under subsection (b), in cooperation with the State and public transit operators, shall develop transportation plans and programs for urbanized areas of the State. “(3) Contents.— The plans and programs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan area and as an integral part of an intermodal transportation system for the State and the United States. “(4) Process of development.— The process for developing the plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed.”. (b) Designation of Metropolitan Planning Organizations.— (1) In general.— Section 134(b) of such title is amended by striking paragraphs (1) and (2) and inserting the following: “(1) In general.— To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals— “(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities as defined by the Bureau of the Census); or “(B) in accordance with procedures established by applicable State or local law. “(2) Structure.— Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of— “(A) local elected officials; “(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization as of June 1, 1991); and “(C) appropriate State officials.”. (2) Continuing designation.— Section 134(b)(4) of such title is amended to read as follows: 23 USC 134. “(4) Continuing designation.— A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5).”. (3) Redesignation.— Section 134(b)(5)(A) of such title is amended— (A) by striking “among” and inserting “between”; and (B) by striking “which together” and inserting “that together”. (4) Designation of more than 1 metropolitan planning organization.— Section 134(b)(6) of such title is amended to read as follows: “(6) Designation of more than 1 metropolitan planning organization.— More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate.”. (c) Metropolitan Planning Area Boundaries.— Section 134(c) of such title is amended— (1) in the subsection heading by inserting “Planning” before “Area”; (2) in the first sentence— (A) by striking “For the purposes” and inserting the following: “(1) In general.— For the purposes”; and (B) by inserting “planning” before “area”; (3) by striking the second sentence and all that follows and inserting the following: “(2) Included area.— Each metropolitan planning area— “(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period; and “(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. “(3) Existing metropolitan planning areas in nonattainment.— Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the boundaries of the metropolitan planning area in existence as of the date of enactment of this paragraph shall be retained, except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (b)(5). “(4) New metropolitan planning areas in nonattainment.— In the case of an urbanized area designated after the date of enactment of this paragraph as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— “(A) shall be established in the manner described in subsection (b)(1); “(B) shall encompass the areas described in paragraph (2)(A); “(C) may encompass the areas described in paragraph (2)(B); and “(D) may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide.”; and (4) by aligning paragraph (1) (as designated by paragraph (2)(A) of this subsection) with paragraphs (2) through (4) (as inserted by paragraph (3) of this subsection). (d) Coordination in Multistate Areas.— Section 134(d) of 23 USC 134. such title is amended to read as follows: “(d) Coordination in Multistate Areas.— “(1) In general.— The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. “(2) Interstate compacts.— The consent of Congress is granted to any 2 or more States— “(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and “(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. “(3) Lake tahoe region.— “(A) Definition.— In this paragraph, the term ‘Lake Tahoe region’ has the meaning given the term ‘region’ in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96–551 (94 Stat. 3234). “(B) Transportation planning process.— The Secretary shall— “(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and “(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section, section 135, and chapter 53 of title 49. “(C) Interstate compact.— “(i) In general.— Subject to clause (ii), notwithstanding Nevada. subsection (b), to carry out the transportation planning process required by this section, the consent of Congress is granted to the States of California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and Nevada and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities (as defined by the Bureau of the Census)), or in accordance with procedures established by applicable State or local law. “(ii) Involvement of federal land management agencies.— “(I) Representation.— The policy board of a metropolitan planning organization designated under clause (i) shall include a representative of each Federal land management agency that has jurisdiction over land in the Lake Tahoe region. “(II) Funding.— In addition to funds made available to the metropolitan planning organization under other provisions of this title and under chapter 53 of title 49, not more than 1 percent of the funds allocated under section 202 may be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph. “(D) Activities.— Highway projects included in transportation plans developed under this paragraph— “(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and “(ii) may, in accordance with chapter 2, be funded using funds allocated under section 202. “(4) Recipients of other assistance.— The Secretary shall encourage each metropolitan planning organization to coordinate, to the maximum extent practicable, the design and delivery of transportation services within the metropolitan planning area that are provided— “(A) by recipients of assistance under chapter 53 of title 49; and “(B) by governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services.”. (e) Coordination of MPOs.— Section 134(e) of such title is 23 USC 134. amended— (1) in the subsection heading by striking “MPO’s” and inserting “MPOs”; (2) by striking “If” and inserting the following: “(1) Nonattainment areas.— If”; (3) by adding at the end the following: “(2) Project located in multiple mpos.— If a project is located within the boundaries of more than 1 metropolitan planning organization, the metropolitan planning organizations shall coordinate plans regarding the project.”; and (4) by aligning paragraph (1) (as designated by paragraph (2) of this subsection) with paragraph (2) (as added by paragraph (3) of this subsection). (f) Scope of Planning Process.— Section 134(f) of such title is amended to read as follows: “(f) Scope of Planning Process.— “(1) In general.— The metropolitan transportation planning process for a metropolitan area under this section shall provide for consideration of projects and strategies that will— “(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; “(B) increase the safety and security of the transportation system for motorized and nonmotorized users; “(C) increase the accessibility and mobility options available to people and for freight; “(D) protect and enhance the environment, promote energy conservation, and improve quality of life; “(E) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; “(F) promote efficient system management and operation; and “(G) emphasize the preservation of the existing transportation system. “(2) Failure to consider factors.— The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a transportation improvement plan, a project or strategy, or the certification of a planning process.”. (g) Long-Range Transportation Plan.— Section 134(g) of such title is amended— (1) in paragraph (2) by striking “, at a minimum” and inserting “contain, at a minimum, the following”; (2) in paragraph (2)(A) by striking “Identify” and inserting “An identification of”; and (3) by striking paragraph (2)(B) and inserting the following: “(B) A financial plan that demonstrates how the adopted long-range transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted long-range transportation plan if reasonable additional resources beyond those identified in the financial plan were available. For the purpose of developing the long-range transportation plan, the metropolitan planning organization and State shall cooperatively develop estimates of funds that will be available to support plan implementation.”; (4) in paragraph (4)— (A) by inserting after “employees,” the following: “freight shippers, providers of freight transportation services,”; and (B) by inserting after “private providers of transportation,” the following: “representatives of users of public transit,”; (5) by adding at the end the following: “(6) Selection of projects from illustrative list.— Notwithstanding paragraph (2)(B), 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 paragraph (2)(B).” ; (6) in the subsection heading by striking “Long Range Plan” and inserting “Long-Range Transportation Plan”; (7) in the headings for paragraphs (2) and (5) by striking “long range plan” and inserting “long-range transportation plan”; and (8) by striking “long range plan” each place it appears and inserting “long-range transportation plan”. (h) Metropolitan Transportation Improvement Program.— Section 134(h) of such title is amended to read as follows: 23 USC 134. “(h) Metropolitan Transportation Improvement Program.— “(1) Development.— “(A) In general.— In cooperation with the State and any affected public transit operator, the metropolitan planning organization designated for a metropolitan area shall develop a transportation improvement program for the area for which the organization is designated. “(B) Opportunity for comment.— In developing the program, the metropolitan planning organization, in cooperation with the State and any affected public transit operator, shall provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with a reasonable opportunity to comment on the proposed program. “(C) Funding estimates.— For the purpose of developing the transportation improvement program, the metropolitan planning organization, public transit agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. “(D) Updating and approval.— The program shall be updated at least once every 2 years and shall be approved by the metropolitan planning organization and the Governor. “(2) Contents.— The transportation improvement program shall include— “(A) a priority list of proposed federally supported projects and strategies to be carried out within each 3-year period after the initial adoption of the transportation improvement program; and “(B) a financial plan that— “(i) demonstrates how the transportation improvement program can be implemented; “(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; “(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and “(iv) 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. “(3) Included projects.— “(A) Projects under this chapter and chapter 53 of title 49.— A transportation improvement program developed under this subsection for a metropolitan area shall include the projects and strategies within the area that are proposed for funding under this chapter and chapter 53 of title 49. “(B) Projects under chapter 2.— “(i) Regionally significant projects.— Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. “(ii) Other projects.— Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. “(C) Consistency with long-range transportation plan.— Each project shall be consistent with the long-range transportation plan developed under subsection (g) for the area. “(D) Requirement of anticipated full funding.— The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. “(4) Notice and comment.— Before approving a transportation improvement program, a metropolitan planning organization shall, in cooperation with the State and any affected public transit operator, provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transit, and other interested parties with reasonable notice of and an opportunity to comment on the proposed program. “(5) Selection of projects.— “(A) In general.— Except as otherwise provided in subsection (i)(4) and in addition to the transportation improvement program development required under paragraph (1), the selection of federally funded projects for implementation in metropolitan areas shall be carried out, from the approved transportation improvement program— “(i) by— “(I) in the case of projects under this chapter, the State; and “(II) in the case of projects under chapter 53 of title 49, the designated transit funding recipients; and “(ii) in cooperation with the metropolitan planning organization. “(B) Modifications to project priority.— 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. “(6) Selection of projects from illustrative list.— “(A) No required selection.— Notwithstanding paragraph (2)(B)(iv), 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 paragraph (2)(B)(iv). “(B) Required action by the 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 financial plan under paragraph (2)(B)(iv) for inclusion in an approved transportation improvement program. “(7) Publication.— “(A) Publication of transportation improvement programs.— A transportation improvement program involving Government participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. “(B) Publication of annual listings of projects.— An annual listing of projects for which Federal 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.” . (i) Transportation Management Areas.— (1) Required designations.— Section 134(i)(1) of such title 23 USC 134. is amended to read as follows: “(1) Designation.— “(A) Required designations.— The Secretary shall designate as a transportation management area each urbanized area with a population of over 200,000 individuals. “(B) Designations on request.— The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.” . (2) Selection of projects.— Section 134(i)(4) of such title is amended to read as follows: “(4) Selection of projects.— “(A) In general.— All federally funded projects carried out within the boundaries of a transportation management area under this title (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under chapter 53 of title 49 shall be selected for implementation from the approved transportation improvement program by the metropolitan planning organization designated for the area in consultation with the State and any affected public transit operator. “(B) National highway system projects.— Projects carried out within the boundaries of a transportation management area on the National Highway System and projects carried out within such boundaries under the bridge program or the Interstate maintenance program shall be selected for implementation from the approved transportation improvement program by the State in cooperation with the metropolitan planning organization designated for the area.” . (3) 23 USC 134. Certification.— Section 134(i)(5) of such title is amended to read as follows: “(5) Certification.— “(A) In general.— The Secretary shall— “(i) ensure that the metropolitan planning process in each transportation management area is being carried out in accordance with applicable provisions of Federal law; and “(ii) subject to subparagraph (B), certify, not less often than once every 3 years, that the requirements of this paragraph are met with respect to the transportation management area. “(B) Requirements for certification.— The Secretary may make the certification under subparagraph (A) if— “(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and “(ii) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. “(C) Effect of failure to certify.— “(i) Withholding of funds.— If a metropolitan planning process is not certified, the Secretary may withhold up to 20 percent of the apportioned funds attributable to the transportation management area under this title and chapter 53 of title 49. “(ii) Restoration of withheld funds.— The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. “(iii) Feasibility of private enterprise participation.— The Secretary shall not withhold certification under this paragraph based on the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 5306(a) of title 49. “(D) Review of certification.— In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.” . (j) Abbreviated Plans and Programs for Certain Areas.— Section 134(j) of such title is amended to read as follows: “(j) Abbreviated Plans and Programs for Certain Areas.— “(1) In general.— Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated long-range transportation plan and transportation improvement program for the metropolitan area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. “(2) Nonattainment areas.— The Secretary may not permit abbreviated plans or programs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.).” . (k) Additional Requirements for Certain Nonattainment Areas.— Section 134(l) of such title is amended— (1) by striking “Notwithstanding” and inserting the following: “(1) In general.— Notwithstanding” ; and (2) by adding at the end the following: “(2) Applicability.— This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (c).” . (l) Funding.— Section 134(n) of such title is amended to read as follows: “(n) Funding.— “(1) In general.— Funds set aside under section 104(f) of this title to carry out sections 5303 through 5305 of title 49 shall be available to carry out this section. “(2) Unused funds.— Any funds that are not used to carry out this section may be made available by the metropolitan planning organization to the State to fund activities under section 135.” . (m) Continuation of Current Review Practice.— Section 134 of such title is amended by adding at the end the following: “(o) Continuation of Current Review Practice.— Since plans and programs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the plans and programs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and programs described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a plan or program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).” . (n) Technical Amendment.— The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 134 and inserting the following: “134. Metropolitan planning.” .

38. 1998

    Transportation Equity Act for the 21st Century

    Pub. L. 105–178 § 1203(m) · 112 Stat. 107

    Added · 23 U.S.C. § 134(o)

    Pub. L. 105–178, § 1203(m), added subsec. (o)

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 105–178, § 1203(m), added subsec. (o).

    Enacted provision · exact public law section
    (m) Continuation of Current Review Practice.— Section 134 of such title is amended by adding at the end the following: “(o) Continuation of Current Review Practice.— Since plans and programs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the plans and programs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and programs described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a plan or program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).” .

39. 2005

    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users

    Pub. L. 109–59 title VI § 6001(a) · 119 Stat. 1144

    1. Amended · 23 U.S.C. § 134

       Pub. L. 109–59 amended section catchline and text generally

    2. Substituted · 23 U.S.C. § 134

       Pub. L. 109–59 substituting provisions relating to metropolitan transportation planning for provisions relating to, in subsec. (a), general requirements for development of transportation plans and programs for urbanized areas, in subsec. (b), designation of metropolitan planning organizations, in subsec. (c), determination of metropolitan planning area boundaries, in subsec. (d), coordination of transportation planning in multistate metropolitan areas, in subsec. (e), coordination of metropolitan planning organizations, in subsec. (f), scope of the planning process, in subsec. (g), development of a long-range transportation plan, in subsec. (h), development of a metropolitan area transportation improvement program, in subsec. (i), designation of transportation management areas, in subsec. (j), abbreviated plans and programs for areas not designated as transportation management areas, in subsec. (k), transfer of funds, in subsec. (l), additional requirements for nonattainment areas under the Clean Air Act,in subsec. (m), limitation on statutory construction, in subsec. (n), funding, and in subsec. (o), review of plans and programs under the National Environmental Policy Act of 1969

    Source evidence

    Code amendment note
    Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to metropolitan transportation planning for provisions relating to, in subsec. (a), general requirements for development of transportation plans and programs for urbanized areas, in subsec. (b), designation of metropolitan planning organizations, in subsec. (c), determination of metropolitan planning area boundaries, in subsec. (d), coordination of transportation planning in multistate metropolitan areas, in subsec. (e), coordination of metropolitan planning organizations, in subsec. (f), scope of the planning process, in subsec. (g), development of a long-range transportation plan, in subsec. (h), development of a metropolitan area transportation improvement program, in subsec. (i), designation of transportation management areas, in subsec. (j), abbreviated plans and programs for areas not designated as transportation management areas, in subsec. (k), transfer of funds, in subsec. (l), additional requirements for nonattainment areas under the Clean Air Act,in subsec. (m), limitation on statutory construction, in subsec. (n), funding, and in subsec. (o), review of plans and programs under the National Environmental Policy Act of 1969.

    Enacted provision · exact public law section
    (a) In General.— Sections 134 and 135 of title 23, United States Code, are amended to read as follows: “§ 134. Metropolitan transportation planning “(a) Policy.— It is in the national interest to— “(1) encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and “(2) encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 135(d). “(b) Definitions.— In this section and section 135, the following definitions apply: “(1) Metropolitan planning area.— The term ‘metropolitan planning area’ means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). “(2) Metropolitan planning organization.— The term ‘metropolitan planning organization’ means the policy board of an organization created as a result of the designation process in subsection (d). “(3) Nonmetropolitan area.— The term ‘nonmetropolitan area’ means a geographic area outside designated metropolitan planning areas. “(4) Nonmetropolitan local official.— The term ‘nonmetropolitan local official’ means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. “(5) TIP.— The term ‘TIP’ means a transportation improvement program developed by a metropolitan planning organization under subsection (j). “(6) Urbanized area.— The term ‘urbanized area’ means a geographic area with a population of 50,000 or more, as designated by the Bureau of the Census. “(c) General Requirements.— “(1) Development of long-range plans and tips.— To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs for metropolitan planning areas of the State. “(2) Contents.— The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. “(3) Process of development.— The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. “(d) Designation of Metropolitan Planning Organizations.— “(1) In general.— To Urban and rural areas. carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals— “(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as named by the Bureau of the Census); or “(B) in accordance with procedures established by applicable State or local law. “(2) Structure.— Each metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated under this subsection, shall consist of— “(A) local elected officials; “(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area; and “(C) appropriate State officials. “(3) Limitation on statutory construction.— Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities to— “(A) develop the plans and TIPs for adoption by a metropolitan planning organization; and “(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. “(4) Continuing designation.— A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5). “(5) Redesignation procedures.— A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as named by the Bureau of the Census) as appropriate to carry out this section. “(6) Designation of more than 1 metropolitan planning organization.— More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate. “(e) Metropolitan Planning Area Boundaries.— “(1) In general.— For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor. “(2) Included area.— Each metropolitan planning area— “(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and “(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. “(3) Identification of new urbanized areas within existing planning area boundaries.— The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization. “(4) Existing metropolitan planning areas in nonattainment.— Notwithstanding paragraph (2), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the SAFETEA– LU, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained; except that the boundaries may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(5). “(5) New metropolitan planning areas in nonattainment.— In the case of an urbanized area designated after the date of enactment of the SAFETEA–LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— “(A) shall be established in the manner described in subsection (d)(1); “(B) shall encompass the areas described in paragraph (2)(A); “(C) may encompass the areas described in paragraph (2)(B); and “(D) may address any nonattainment area identified under the Clean Air Act for ozone or carbon monoxide. “(f) Coordination in Multistate Areas.— “(1) In general.— The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. “(2) Interstate compacts.— The consent of Congress is granted to any two or more States— “(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and “(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. “(3) Lake tahoe region.— “(A) Definition.— In this paragraph, the term ‘Lake Tahoe region’ has the meaning given the term ‘region’ in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public Law 96–551 (94 Stat. 3234). “(B) Transportation planning process.— The Secretary shall— “(i) establish with the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region a transportation planning process for the region; and “(ii) coordinate the transportation planning process with the planning process required of State and local governments under this section and section 135. “(C) Interstate compact.— “(i) In general.— Subject to clause (ii), and notwithstanding subsection (b), to carry out the transportation planning process required by this section, the consent of Congress is granted to the States of California and Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between the Governors of the States of California and Nevada and units of general purpose local government that together represent at least 75 percent of the affected population (including the central city or cities (as defined by the Bureau of the Census)), or in accordance with procedures established by applicable State or local law. “(ii) Involvement of federal land management agencies.— “(I) Representation.— The policy board of a metropolitan planning organization designated under clause (i) shall include a representative of each Federal land management agency that has jurisdiction over land in the Lake Tahoe region. “(II) Funding.— In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this title and under chapter 53 of title 49, 1 percent of the funds allocated under section 202 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph. “(D) Activities.— Highway projects included in transportation plans developed under this paragraph— “(i) shall be selected for funding in a manner that facilitates the participation of the Federal land management agencies that have jurisdiction over land in the Lake Tahoe region; and “(ii) may, in accordance with chapter 2, be funded using funds allocated under section 202. “(4) Reservation of rights.— The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. “(g) MPO Consultation in Plan and TIP Coordination.— “(1) Nonattainment areas.— If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act, each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. “(2) Transportation improvements located in multiple mpos.— If a transportation improvement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement. “(3) 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. Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by— “(A) recipients of assistance under chapter 53 of title 49; “(B) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and “(C) recipients of assistance under section 204. “(h) Scope of Planning Process.— “(1) In general.— The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will— “(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; “(B) increase the safety of the transportation system for motorized and nonmotorized users; “(C) increase the security of the transportation system for motorized and nonmotorized users; “(D) increase the accessibility and mobility of people and for 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; “(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; “(G) promote efficient system management and operation; and “(H) emphasize the preservation of the existing transportation system. “(2) Failure to consider factors.— The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this title or chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process. “(i) Development of Transportation Plan.— “(1) In general.— Each metropolitan planning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection. The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following: “(A) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). “(B) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a). In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently. “(2) Transportation plan.— A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following: “(A) Identification of transportation facilities.— An identification of transportation facilities (including major roadways, transit, multimodal and intermodal facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as such factors relate to a 20-year forecast period. “(B) Mitigation activities.— “(i) 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. “(ii) Consultation.— The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. “(C) Financial plan.— A financial plan that demonstrates how the adopted transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation. “(D) Operational and management strategies.— Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. “(E) Capital investment and other strategies.— Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs. “(F) Transportation and transit enhancement activities.— Proposed transportation and transit enhancement activities. “(3) Coordination with clean air act agencies.— In metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act, the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act. “(4) Consultation.— “(A) 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. “(B) Issues.— The consultation shall involve, as appro- priate— “(i) comparison of transportation plans with State conservation plans or maps, if available; or “(ii) comparison of transportation plans to inventories of natural or historic resources, if available. “(5) Participation by interested parties.— “(A) In general.— Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan. “(B) Contents of participation plan.— A participation plan— “(i) shall be developed in consultation with all interested parties; and “(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan. “(C) Methods.— In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable— “(i) hold any public meetings at convenient and accessible locations and times; “(ii) employ visualization techniques to describe plans; and “(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). “(6) Publication.— A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish. “(7) Selection of projects from illustrative list.— Notwithstanding paragraph (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 paragraph (2)(C). “(j) Metropolitan TIP.— “(1) Development.— “(A) In general.— In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the area for which the organization is designated. “(B) Opportunity for comment.— In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). “(C) Funding estimates.— For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. “(D) Updating and approval.— The TIP shall be updated at least once every 4 years and shall be approved by the metropolitan planning organization and the Governor. “(2) Contents.— “(A) Priority list.— The TIP shall include a priority list of proposed federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP. “(B) Financial plan.— The TIP shall include a financial plan that— “(i) demonstrates how the TIP can be implemented; “(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; “(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and “(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available. “(C) Descriptions.— Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. “(3) Included projects.— “(A) Projects under this title and chapter 53 of title 49.— A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under chapter 1 of this title and chapter 53 of title 49. “(B) Projects under chapter 2.— “(i) Regionally significant projects.— Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. “(ii) Other projects.— Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in one line item or identified individually in the transportation improvement program. “(C) Consistency with long-range transportation plan.— Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area. “(D) Requirement of anticipated full funding.— The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. “(4) Notice and comment.— Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). “(5) Selection of projects.— “(A) In general.— Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from the approved TIP— “(i) by— “(I) in the case of projects under this title, the State; and “(II) in the case of projects under chapter 53 of title 49, the designated recipients of public transportation funding; and “(ii) in cooperation with the metropolitan planning organization. “(B) Modifications to project priority.— Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program. “(6) Selection of projects from illustrative list.— “(A) No required selection.— Notwithstanding paragraph (2)(B)(iv), 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 paragraph (2)(B)(iv). “(B) Required action by the 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 financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. “(7) Publication.— “(A) Publication of tips.— A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. “(B) Publication of annual listings of projects.— An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. The listing shall be consistent with the categories identified in the TIP. “(k) Transportation Management Areas.— “(1) Identification and designation.— “(A) Required identification.— The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals. “(B) Designations on request.— The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. “(2) Transportation plans.— In a metropolitan planning area serving a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators. “(3) Congestion management process.— Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction and operational management strategies. The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area. “(4) Selection of projects.— “(A) In general.— All federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under this title (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under chapter 53 of title 49 shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator. “(B) National highway system projects.— Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System and projects carried out within such boundaries under the bridge program or the Interstate maintenance program under this title shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area. “(5) Certification.— “(A) In general.— The Secretary shall— “(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and “(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process. “(B) Requirements for certification.— The Secretary may make the certification under subparagraph (A) if— “(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and “(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor. “(C) Effect of failure to certify.— “(i) Withholding of project funds.— If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this title and chapter 53 of title 49. “(ii) Restoration of withheld funds.— The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. “(D) Review of certification.— In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review. “(l) Abbreviated Plans for Certain Areas.— “(1) In general.— Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. “(2) Nonattainment areas.— The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act. “(m) Additional Requirements for Certain Nonattainment Areas.— “(1) In general.— Notwithstanding any other provisions of this title or chapter 53 of title 49, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. “(2) Applicability.— This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e). “(n) Limitation on Statutory Construction.— Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title or chapter 53 of title 49. “(o) Funding.— Funds set aside under section 104(f) of this title or section 5305(g) of title 49 shall be available to carry out this section. “(p) Continuation of Current Review Practice.— Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under such Act. “§ 135. Statewide transportation planning “(a) General Requirements.— “(1) Development of plans and programs.— To accomplish the objectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State, subject to section 134. “(2) Contents.— The statewide transportation plan and the transportation improvement program developed for each State shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the State and an integral part of an intermodal transportation system for the United States. “(3) Process of development.— The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of transportation and the policies stated in section 134(a), and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. “(b) Coordination With Metropolitan Planning; State Implementation Plan.— A State shall— “(1) coordinate planning carried out under this section with the transportation planning activities carried out under section 134 for metropolitan areas of the State and with statewide trade and economic development planning activities and related multistate planning efforts; and “(2) develop the transportation portion of the State implementation plan as required by the Clean Air Act (42 U.S.C. 7401 et seq.). “(c) Interstate Agreements.— “(1) In general.— The consent of Congress is granted to two or more States entering into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. “(2) Reservation of rights.— The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. “(d) Scope of Planning Process.— “(1) In general.— Each State shall carry out a statewide transportation planning process that provides for consideration and implementation of projects, strategies, and services that will— “(A) support the economic vitality of the United States, the States, nonmetropolitan areas, and metropolitan areas, especially by enabling global competitiveness, productivity, and efficiency; “(B) increase the safety of the transportation system for motorized and nonmotorized users; “(C) increase the security of the transportation system for motorized and nonmotorized users; “(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; “(F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight; “(G) promote efficient system management and operation; and “(H) emphasize the preservation of the existing transportation system. “(2) Failure to consider factors.— The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this title or chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a statewide transportation plan, the transportation improvement program, a project or strategy, or the certification of a planning process. “(e) Additional Requirements.— In carrying out planning under this section, each State shall consider, at a minimum— “(1) with respect to nonmetropolitan areas, the concerns of affected local officials with responsibility for transportation; “(2) the concerns of Indian tribal governments and Federal land management agencies that have jurisdiction over land within the boundaries of the State; and “(3) coordination of transportation plans, the transportation improvement program, and planning activities with related planning activities being carried out outside of metropolitan planning areas and between States. “(f) Long-Range Statewide Transportation Plan.— “(1) Development.— Each State shall develop a long-range statewide transportation plan, with a minimum 20-year forecast period for all areas of the State, that provides for the development and implementation of the intermodal transportation system of the State. “(2) Consultation with governments.— “(A) Metropolitan areas.— The statewide transportation plan shall be developed for each metropolitan area in the State in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134. “(B) Nonmetropolitan areas.— With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in consultation with affected nonmetropolitan officials with responsibility for transportation. The Secretary shall not review or approve the consultation process in each State. “(C) Indian tribal areas.— With respect to each area of the State under the jurisdiction of an Indian tribal government, the statewide transportation plan shall be developed in consultation with the tribal government and the Secretary of the Interior. “(D) Consultation, comparison, and consideration.— “(i) 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. “(3) Participation by interested parties.— “(A) In general.— In developing the statewide transportation plan, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan. “(B) Methods.— In carrying out subparagraph (A), the State shall, to the maximum extent practicable— “(i) hold any public meetings at convenient and accessible locations and times; “(ii) employ visualization techniques to describe plans; and “(iii) make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). “(4) Mitigation activities.— “(A) 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. “(B) Consultation.— The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. “(5) Financial plan.— The statewide transportation plan may include a financial plan that demonstrates how the adopted statewide transportation plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted statewide transportation plan if reasonable additional resources beyond those identified in the financial plan were available. “(6) Selection of projects from illustrative list.— A State shall not be required to select any project from the illustrative list of additional projects included in the financial plan described in paragraph (5). “(7) Existing system.— The statewide transportation plan should include capital, operations and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient use of the existing transportation system. “(8) Publication of long-range transportation plans.— Each long-range transportation plan prepared by a State shall be published or otherwise made available, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web. “(g) Statewide Transportation Improvement Program.— “(1) Development.— Each State shall develop a statewide transportation improvement program for all areas of the State. Such program shall cover a period of 4 years and be updated every 4 years or more frequently if the Governor elects to update more frequently. “(2) Consultation with governments.— “(A) Metropolitan areas.— With respect to each metropolitan area in the State, the program shall be developed in cooperation with the metropolitan planning organization designated for the metropolitan area under section 134. “(B) Nonmetropolitan areas.— With respect to each nonmetropolitan area in the State, the program shall be developed in consultation with affected nonmetropolitan local officials with responsibility for transportation. The Secretary shall not review or approve the specific consultation process in the State. “(C) Indian tribal areas.— With respect to each area of the State under the jurisdiction of an Indian tribal government, the program shall be developed in consultation with the tribal government and the Secretary of the Interior. “(3) Participation by interested parties.— In developing the program, the State shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, private providers of transportation, providers of freight transportation services, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the proposed program. “(4) Included projects.— “(A) In general.— A transportation improvement program developed under this subsection for a State shall include federally supported surface transportation expenditures within the boundaries of the State. “(B) Listing of projects.— An annual listing of projects for which funds have been obligated in the preceding year in each metropolitan planning area shall be published or otherwise made available by the cooperative effort of the State, transit operator, and the metropolitan planning organization for public review. The listing shall be consistent with the funding categories identified in each metropolitan transportation improvement program. “(C) Projects under chapter 2.— “(i) Regionally significant projects.— Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. “(ii) Other projects.— Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in one line item or identified individually in the transportation improvement program. “(D) Consistency with statewide transportation plan.— Each project shall be— “(i) consistent with the statewide transportation plan developed under this section for the State; “(ii) identical to the project or phase of the project as described in an approved metropolitan transportation plan; and “(iii) in conformance with the applicable State air quality implementation plan developed under the Clean Air Act, if the project is carried out in an area designated as nonattainment for ozone, particulate matter, or carbon monoxide under such Act. “(E) Requirement of anticipated full funding.— The transportation improvement program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. “(F) Financial plan.— The transportation improvement program may include a financial plan that demonstrates how the approved transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the transportation improvement program, and recommends any additional financing strategies for needed projects and programs. The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. “(G) Selection of projects from illustrative list.— “(i) No required selection.— Notwithstanding subparagraph (F), a State shall not be required to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F). “(ii) Required action by the secretary.— Action by the Secretary shall be required for a State to select any project from the illustrative list of additional projects included in the financial plan under subparagraph (F) for inclusion in an approved transportation improvement program. “(H) Priorities.— The transportation improvement program shall reflect the priorities for programming and expenditures of funds, including transportation enhancement activities, required by this title and chapter 53 of title 49. “(5) Project selection for areas of less than 50,000 population.— Projects carried out in areas with populations of less than 50,000 individuals shall be selected, from the approved transportation improvement program (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program under this title or under sections 5310, 5311, 5316, and 5317 of title 49), by the State in cooperation with the affected nonmetropolitan local officials with responsibility for transportation. Projects carried out in areas with populations of less than 50,000 individuals on the National Highway System or under the bridge program or the Interstate maintenance program under this title or under sections 5310, 5311, 5316, and 5317 of title 49 shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected nonmetropolitan local officials with responsibility for transportation. “(6) Transportation improvement program approval.— Every 4 years, a transportation improvement program developed under this subsection shall be reviewed and approved by the Secretary if based on a current planning finding. “(7) Planning finding.— A finding shall be made by the Secretary at least every 4 years that the transportation planning process through which statewide transportation plans and programs are developed is consistent with this section and section 134. “(8) Modifications to project priority.— 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. “(h) Funding.— Funds set aside pursuant to section 104(f) of this title and section 5305(g) of title 49, shall be available to carry out this section. “(i) Treatment of Certain State Laws as Congestion Management Processes.— For purposes of this section and section 134, and sections 5303 and 5304 of title 49, State laws, rules, or regulations pertaining to congestion management systems or programs may constitute the congestion management process under this section and section 134, and sections 5303 and 5304 of title 49, if the Secretary finds that the State laws, rules, or regulations are consistent with, and fulfill the intent of, the purposes of this section and section 134 and sections 5303 and 5304 of title 49, as appropriate. “(j) Continuation of Current Review Practice.— Since the statewide transportation plan and the transportation improvement program described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the statewide transportation plans and the transportation improvement program are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning statewide transportation plans or the transportation improvement program described in this section have not been reviewed under such Act as of January 1, 1997, any decision by the Secretary concerning a metropolitan or statewide transportation plan or the transportation improvement program described in this section shall not be considered to be a Federal action subject to review under such Act.” .

40. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 101(n)(1) · 122 Stat. 1572

    1. Added · 23 U.S.C. § 134(f)(3)(C)(ii)(II)

       Pub. L. 110–244, § 101(n)(1), added subcl. (II)

    2. Struck · 23 U.S.C. § 134(f)(3)(C)(ii)(II)

       Pub. L. 110–244, § 101(n)(1), struck out former subcl. (II). Prior to amendment, text read as follows: “In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this title and under chapter 53 of title 49, 1 percent of the funds allocated under section 202 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.”

    Source evidence

    Code amendment note
    Subsec. (f)(3)(C)(ii)(II). Pub. L. 110–244, § 101(n)(1), added subcl. (II) and struck out former subcl. (II). Prior to amendment, text read as follows: “In addition to funds made available to the metropolitan planning organization for the Lake Tahoe region under other provisions of this title and under chapter 53 of title 49, 1 percent of the funds allocated under section 202 shall be used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.”

    Enacted provision · exact public law section
    (1) in subsection (f)(3)(C)(ii) by striking subclause (II) and inserting the following: “(II) Funding.— For fiscal year 2008 and each fiscal year thereafter, in addition to other funds made available to the metropolitan planning organization for the Lake Tahoe region under this title and chapter 53 of title 49, prior to any allocation under section 202 of this title and notwithstanding the allocation provisions of section 202, the Secretary shall set aside ½ of 1 percent of all funds authorized to be appropriated for such fiscal year to carry out section 204 and shall make such funds available to the metropolitan planning organization for the Lake Tahoe region to carry out the transportation planning process, environmental reviews, preliminary engineering, and design to complete environmental documentation for transportation projects for the Lake Tahoe region under the Tahoe Regional Planning Compact as consented to in Public Law 96–551 (94 Stat. 3233) and this paragraph.” ;

41. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 101(n)(2) · 122 Stat. 1572

    Inserted · 23 U.S.C. § 134(j)(3)(D)

    Pub. L. 110–244, § 101(n)(2), inserted “or the identified phase” after “the project” in two places

    Source evidence

    Code amendment note
    Subsec. (j)(3)(D). Pub. L. 110–244, § 101(n)(2), inserted “or the identified phase” after “the project” in two places.

    Enacted provision · exact public law section
    (2) in subsection (j)(3)(D) by inserting “or the identified phase” after “the project” each place it appears; and

42. 2008

    SAFETEA–LU Technical Corrections Act of 2008

    Pub. L. 110–244 § 101(n)(3) · 122 Stat. 1572

    Struck · 23 U.S.C. § 134(k)(2)

    Pub. L. 110–244, § 101(n)(3), struck out “a metropolitan planning area serving” before “a transportation management area,”

    Source evidence

    Code amendment note
    Subsec. (k)(2). Pub. L. 110–244, § 101(n)(3), struck out “a metropolitan planning area serving” before “a transportation management area,”.

    Enacted provision · exact public law section
    (3) in subsection (k)(2) by striking “a metropolitan planning area serving”.

43. 2012

    Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 div. A title I § 1201(a) · 126 Stat. 405

    Amended · 23 U.S.C. § 134

    Pub. L. 112–141 amended section generally. Prior to amendment, section related to metropolitan transportation planning and consisted of subsecs. (a) to (p)

    Source evidence

    Code amendment note
    Pub. L. 112–141 amended section generally. Prior to amendment, section related to metropolitan transportation planning and consisted of subsecs. (a) to (p).

    Enacted provision · exact public law section
    (a) In General.— Section 134 of title 23, United States Code, is amended to read as follows: “§ 134. Metropolitan transportation planning “(a) Policy.— It is in the national interest— “(1) to encourage and promote the safe and efficient management, operation, and development of surface transportation systems that will serve the mobility needs of people and freight and foster economic growth and development within and between States and urbanized areas, while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and “(2) to encourage the continued improvement and evolution of the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided by the planning factors identified in subsection (h) and section 135(d). “(b) Definitions.— In this section and section 135, the following definitions apply: “(1) Metropolitan planning area.— The term ‘metropolitan planning area’ means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). “(2) Metropolitan planning organization.— The term ‘metropolitan planning organization’ means the policy board of an organization established as a result of the designation process under subsection (d). “(3) Nonmetropolitan area.— The term ‘nonmetropolitan area’ means a geographic area outside designated metropolitan planning areas. “(4) Nonmetropolitan local official.— The term ‘nonmetropolitan local official’ means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. “(5) Regional transportation planning organization.— The term ‘regional transportation planning organization’ means a policy board of an organization established as the result of a designation under section 135(m). “(6) TIP.— The term ‘TIP’ means a transportation improvement program developed by a metropolitan planning organization under subsection (j). “(7) Urbanized area.— The term ‘urbanized area’ means a geographic area with a population of 50,000 or more, as determined by the Bureau of the Census. “(c) General Requirements.— “(1) Development of long-range plans and tips.— To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State. “(2) Contents.— The plans and TIPs for each metropolitan area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. “(3) Process of development.— The process for developing the plans and TIPs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. “(d) Designation of Metropolitan Planning Organizations.— “(1) In general.— To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individuals— “(A) by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the affected population (including the largest incorporated city (based on population) as determined by the Bureau of the Census); or “(B) in accordance with procedures established by applicable State or local law. “(2) Structure.— Not later than 2 years after the date of enactment of MAP-21, each metropolitan planning organization that serves an area designated as a transportation management area shall consist of— “(A) local elected officials; “(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area, including representation by providers of public transportation; and “(C) appropriate State officials. “(3) Limitation on statutory construction.— Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities— “(A) to develop the plans and TIPs for adoption by a metropolitan planning organization; and “(B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. “(4) Continuing designation.— A designation of a metropolitan planning organization under this subsection or any other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph (5). “(5) Redesignation procedures.— “(A) In general.— A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on population) as determined by the Bureau of the Census) as appropriate to carry out this section. “(B) Restructuring.— A metropolitan planning organization may be restructured to meet the requirements of paragraph (2) without undertaking a redesignation. “(6) Designation of more than 1 metropolitan planning organization.— More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the existing metropolitan planning area make designation of more than 1 metropolitan planning organization for the area appropriate. “(e) Metropolitan Planning Area Boundaries.— “(1) In general.— For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor. “(2) Included area.— Each metropolitan planning area— “(A) shall encompass at least the existing urbanized area and the contiguous area expected to become urbanized within a 20-year forecast period for the transportation plan; and “(B) may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. “(3) Identification of new urbanized areas within existing planning area boundaries.— The designation by the Bureau of the Census of new urbanized areas within an existing metropolitan planning area shall not require the redesignation of the existing metropolitan planning organization. “(4) Existing metropolitan planning areas in nonattainment.— “(A) In general.— Notwithstanding paragraph (2), except as provided in subparagraph (B), in the case of an urbanized area designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) as of the date of enactment of the SAFETEA–LU, the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained. “(B) Exception.— The boundaries described in subparagraph (A) may be adjusted by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (d)(5). “(5) New metropolitan planning areas in nonattainment.— In the case of an urbanized area designated after the date of enactment of the SAFETEA–LU, as a nonattainment area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— “(A) shall be established in the manner described in subsection (d)(1); “(B) shall encompass the areas described in paragraph (2)(A); “(C) may encompass the areas described in paragraph (2)(B); and “(D) may address any nonattainment area identified under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide. “(f) Coordination in Multistate Areas.— “(1) In general.— The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organizations to provide coordinated transportation planning for the entire metropolitan area. “(2) Interstate compacts.— The consent of Congress is granted to any 2 or more States— “(A) to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as the activities pertain to interstate areas and localities within the States; and “(B) to establish such agencies, joint or otherwise, as the States may determine desirable for making the agreements and compacts effective. “(3) Reservation of rights.— The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. “(g) MPO Consultation in Plan and TIP Coordination.— “(1) Nonattainment areas.— If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. “(2) Transportation improvements located in multiple mpos.— If a transportation improvement, funded from the Highway Trust Fund or authorized under chapter 53 of title 49, is located within the boundaries of more than 1 metropolitan planning area, the metropolitan planning organizations shall coordinate plans and TIPs regarding the transportation improvement. “(3) Relationship with other planning officials.— “(A) In general.— 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. “(B) Requirements.— Under the metropolitan planning process, transportation plans and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by— “(i) recipients of assistance under chapter 53 of title 49; “(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and “(iii) recipients of assistance under section 204. “(h) Scope of Planning Process.— “(1) In general.— The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will— “(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; “(B) increase the safety of the transportation system for motorized and nonmotorized users; “(C) increase the security of the transportation system for motorized and nonmotorized users; “(D) increase the accessibility and mobility of people and for 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; “(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; “(G) promote efficient system management and operation; and “(H) emphasize the preservation of the existing transportation system. “(2) Performance-based approach.— “(A) In general.— The metropolitan transportation planning process shall provide for the establishment and use of a performance-based approach to transportation decisionmaking to support the national goals described in section 150(b) of this title and in section 5301(c) of title 49. “(B) Performance targets.— “(i) Surface transportation performance targets.— “(I) In general.— Each metropolitan planning organization shall establish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the region of the metropolitan planning organization. “(II) Coordination.— Selection of performance targets by a metropolitan planning organization shall be coordinated with the relevant State to ensure consistency, to the maximum extent practicable. “(ii) Public transportation performance targets.— Selection of performance targets by a metropolitan planning organization shall be coordinated, to the maximum extent practicable, with providers of public transportation to ensure consistency with sections 5326(c) and 5329(d) of title 49. “(C) Timing.— Each metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public transportation establishes the performance targets. “(D) Integration of other performance-based plans.— A metropolitan planning organization shall integrate in the metropolitan transportation planning process, directly or by reference, the goals, objectives, performance measures, and targets described in other State transportation plans and transportation processes, as well as any plans developed under chapter 53 of title 49 by providers of public transportation, required as part of a performance-based program. “(3) Failure to consider factors.— The failure to consider any factor specified in paragraphs (1) and (2) shall not be reviewable by any court under this title or chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process. “(i) Development of Transportation Plan.— “(1) Requirements.— “(A) In general.— Each metropolitan planning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection. “(B) Frequency.— “(i) In general.— The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following: “(I) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). “(II) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a maintenance plan under section 175A of that Act (42 U.S.C. 7505a). “(ii) Other areas.— In the case of any other area required to have a transportation plan in accordance with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan planning organization elects to update more frequently. “(2) Transportation plan.— A transportation plan under this section shall be in a form that the Secretary determines to be appropriate and shall contain, at a minimum, the following: “(A) Identification of transportation facilities.— “(i) In general.— An identification of transportation facilities (including major roadways, transit, multimodal and intermodal facilities, nonmotorized transportation facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. “(ii) Factors.— In formulating the transportation plan, the metropolitan planning organization shall consider factors described in subsection (h) as the factors relate to a 20-year forecast period. “(B) Performance measures and targets.— A description of the performance measures and performance targets used in assessing the performance of the transportation system in accordance with subsection (h)(2). “(C) System performance report.— A system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection (h)(2), including— “(i) progress achieved by the metropolitan planning organization in meeting the performance targets in comparison with system performance recorded in previous reports; and “(ii) for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the conditions and performance of the transportation system and how changes in local policies and investments have impacted the costs necessary to achieve the identified performance targets. “(D) Mitigation activities.— “(i) 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. “(ii) Consultation.— The discussion shall be developed in consultation with Federal, State, and tribal wildlife, land management, and regulatory agencies. “(E) Financial plan.— “(i) In general.— A financial plan that— “(I) demonstrates how the adopted transportation plan can be implemented; “(II) indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan; and “(III) recommends any additional financing strategies for needed projects and programs. “(ii) Inclusions.— The financial plan may include, for illustrative purposes, additional projects that would be included in the adopted transportation plan if reasonable additional resources beyond those identified in the financial plan were available. “(iii) Cooperative development.— For the purpose of developing the transportation plan, the metropolitan planning organization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation. “(F) Operational and management strategies.— Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of people and goods. “(G) Capital investment and other strategies.— Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure and provide for multimodal capacity increases based on regional priorities and needs. “(H) Transportation and transit enhancement activities.— Proposed transportation and transit enhancement activities. “(3) Coordination with clean air act agencies.— In metropolitan areas that are in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by that Act. “(4) Optional scenario development.— “(A) In general.— A metropolitan planning organization may, while fitting the needs and complexity of its community, voluntarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph (B). “(B) Recommended components.— A metropolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider— “(i) potential regional investment strategies for the planning horizon; “(ii) assumed distribution of population and employment; “(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2); “(iv) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible; “(v) revenue constrained scenarios based on the total revenues expected to be available over the forecast period of the plan; and “(vi) estimated costs and potential revenues available to support each scenario. “(C) Metrics.— In addition to the performance measures identified in section 150(c), metropolitan planning organizations may evaluate scenarios developed under this paragraph using locally-developed measures. “(5) Consultation.— “(A) 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. “(B) Issues.— The consultation shall involve, as appropriate— “(i) comparison of transportation plans with State conservation plans or maps, if available; or “(ii) comparison of transportation plans to inventories of natural or historic resources, if available. “(6) Participation by interested parties.— “(A) In general.— Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, freight shippers, providers of freight transportation services, private providers of transportation, representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties with a reasonable opportunity to comment on the transportation plan. “(B) Contents of participation plan.— A participation plan— “(i) shall be developed in consultation with all interested parties; and “(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of the transportation plan. “(C) Methods.— In carrying out subparagraph (A), the metropolitan planning organization shall, to the maximum extent practicable— “(i) hold any public meetings at convenient and accessible locations and times; “(ii) employ visualization techniques to describe plans; and “(iii) Public information. make public information available in electronically accessible format and means, such as the World Wide Web, as appropriate to afford reasonable opportunity for consideration of public information under subparagraph (A). “(7) Publication.— A transportation plan involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World Wide Web, approved by the metropolitan planning organization and submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish. “(8) Selection of projects from illustrative list.— Notwithstanding paragraph (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 paragraph (2)(C). “(j) Metropolitan TIP.— “(1) Development.— “(A) In general.— In cooperation with the State and any affected public transportation operator, the metropolitan planning organization designated for a metropolitan area shall develop a TIP for the metropolitan planning area that— “(i) contains projects consistent with the current metropolitan transportation plan; “(ii) reflects the investment priorities established in the current metropolitan transportation plan; and “(iii) once implemented, is designed to make progress toward achieving the performance targets established under subsection (h)(2). “(B) Opportunity for comment.— In developing the TIP, the metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). “(C) Funding estimates.— For the purpose of developing the TIP, the metropolitan planning organization, public transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be available to support program implementation. “(D) Updating and approval.— The TIP shall be— “(i) updated at least once every 4 years; and “(ii) approved by the metropolitan planning organization and the Governor. “(2) Contents.— “(A) Priority list.— The TIP shall include a priority list of proposed Federally supported projects and strategies to be carried out within each 4-year period after the initial adoption of the TIP. “(B) Financial plan.— The TIP shall include a financial plan that— “(i) demonstrates how the TIP can be implemented; “(ii) indicates resources from public and private sources that are reasonably expected to be available to carry out the program; “(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and “(iv) may include, for illustrative purposes, additional projects that would be included in the approved TIP if reasonable additional resources beyond those identified in the financial plan were available. “(C) Descriptions.— Each project in the TIP shall include sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the project or phase of the project. “(D) Performance target achievement.— The transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated effect of the transportation improvement program toward achieving the performance targets established in the metropolitan transportation plan, linking investment priorities to those performance targets. “(3) Included projects.— “(A) Projects under this title and chapter 53 of title 49.— A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are proposed for funding under chapter 1 of this title and chapter 53 of title 49. “(B) Projects under chapter 2.— “(i) Regionally significant projects.— Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. “(ii) Other projects.— Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation improvement program. “(C) Consistency with long-range transportation plan.— Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area. “(D) Requirement of anticipated full funding.— The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project or the identified phase within the time period contemplated for completion of the project or the identified phase. “(4) Notice and comment.— Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). “(5) Selection of projects.— “(A) In general.— Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of Federally funded projects in metropolitan areas shall be carried out, from the approved TIP— “(i) by— “(I) in the case of projects under this title, the State; and “(II) in the case of projects under chapter 53 of title 49, the designated recipients of public transportation funding; and “(ii) in cooperation with the metropolitan planning organization. “(B) Modifications to project priority.— Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program. “(6) Selection of projects from illustrative list.— “(A) No required selection.— Notwithstanding paragraph (2)(B)(iv), 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 paragraph (2)(B)(iv). “(B) Required action by the 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 financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. “(7) Publication.— “(A) Publication of tips.— A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. “(B) Publication of annual listings of projects.— “(i) In general.— An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. “(ii) Requirement.— The listing shall be consistent with the categories identified in the TIP. “(k) Transportation Management Areas.— “(1) Identification and designation.— “(A) Required identification.— The Secretary shall identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a population of over 200,000 individuals. “(B) Designations on request.— The Secretary shall designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. “(2) Transportation plans.— In a transportation management area, transportation plans shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators. “(3) Congestion management process.— “(A) In general.— Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section shall address congestion management through a process that provides for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction and operational management strategies. “(B) Schedule.— The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the identification of a transportation management area. “(4) Selection of projects.— “(A) In general.— All Federally funded projects carried out within the boundaries of a metropolitan planning area serving a transportation management area under this title (excluding projects carried out on the National Highway System) or under chapter 53 of title 49 shall be selected for implementation from the approved TIP by the metropolitan planning organization designated for the area in consultation with the State and any affected public transportation operator. “(B) National highway system projects.— Projects carried out within the boundaries of a metropolitan planning area serving a transportation management area on the National Highway System shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area. “(5) Certification.— “(A) In general.— The Secretary shall— “(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and “(ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process. “(B) Requirements for certification.— The Secretary may make the certification under subparagraph (A) if— “(i) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law; and “(ii) there is a TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor. “(C) Effect of failure to certify.— “(i) Withholding of project funds.— If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this title and chapter 53 of title 49. “(ii) Restoration of withheld funds.— The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. “(D) Review of certification.— In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review. “(l) Report on Performance-based Planning Processes.— “(1) In general.— The Secretary shall submit to Congress a report on the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the requirements of this subsection “(2) Report.— Not later than 5 years after the date of enactment of the MAP–21, the Secretary shall submit to Congress a report evaluating— “(A) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; “(B) the effectiveness of the performance-based planning process of each metropolitan planning organization under this section; “(C) the extent to which metropolitan planning organizations have achieved, or are currently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing meaningful performance targets; and “(D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area of less than 200,000 and their ability to carry out the requirements of this section. “(3) Publication.— The report under paragraph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet. “(m) Abbreviated Plans for Certain Areas.— “(1) In general.— Subject to paragraph (2), in the case of a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated transportation plan and TIP for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. “(2) Nonattainment areas.— The Secretary may not permit abbreviated plans or TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). “(n) Additional Requirements for Certain Nonattainment Areas.— “(1) In general.— Notwithstanding any other provisions of this title or chapter 53 of title, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal funds may not be advanced in such area for any highway project that will result in a significant increase in the carrying capacity for single-occupant vehicles unless the project is addressed through a congestion management process. “(2) Applicability.— This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (e). “(o) Limitation on Statutory Construction.— Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title or chapter 53 of title 49. “(p) Funding.— Funds set aside under section 104(f) of this title or section 5305(g) of title 49 shall be available to carry out this section. “(q) Continuation of Current Review Practice.— Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action subject to review under that Act.” .

44. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(1) · 129 Stat. 1312

    1. Substituted · 23 U.S.C. § 134(a)(1)

       Pub. L. 114–94, § 1201(1), substituted “people and freight,” for “people and freight and”

    2. Inserted · 23 U.S.C. § 134(a)(1)

       Pub. L. 114–94, § 1201(1), inserted “and take into consideration resiliency needs” after “urbanized areas,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 114–94, § 1201(1), substituted “people and freight,” for “people and freight and” and inserted “and take into consideration resiliency needs” after “urbanized areas,”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1)— (A) by striking “people and freight and” and inserting “people and freight,” and (B) by inserting “and take into consideration resiliency needs” after “urbanized areas,”;

45. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(2) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 134(c)(2)

    Pub. L. 114–94, § 1201(2), substituted “, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers” for “and bicycle transportation facilities”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 114–94, § 1201(2), substituted “, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers” for “and bicycle transportation facilities”.

    Enacted provision · exact public law section
    (2) in subsection (c)(2) by striking “and bicycle transportation facilities” and inserting “, bicycle transportation facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities and commuter vanpool providers”;

46. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(3)(A) · 129 Stat. 1312

    1. Added · 23 U.S.C. § 134(d)(3); 23 U.S.C. § 134(d)(4)

       Pub. L. 114–94, § 1201(3)(A), (B), added par. (3)

    2. Redesignated · 23 U.S.C. § 134(d)(3); 23 U.S.C. § 134(d)(4)

       Pub. L. 114–94, § 1201(3)(A), (B), redesignated former par. (3) as (4). Former par. (4) redesignated (5)

    Source evidence

    Code amendment note
    Subsec. (d)(3), (4). Pub. L. 114–94, § 1201(3)(A), (B), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5).

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;

47. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(A) · 129 Stat. 1312

    1. Redesignated · 23 U.S.C. § 134(d)(5)

       Pub. L. 114–94, § 1201(A), (C), redesignated par. (4) as (5)

    2. Redesignated · 23 U.S.C. § 134(d)(5)

       Pub. L. 114–94, § 1201(A), (C), substituted “paragraph (6)” for “paragraph (5)”. Former par. (5) redesignated (6)

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 114–94, § 1201(A), (C), redesignated par. (4) as (5) and substituted “paragraph (6)” for “paragraph (5)”. Former par. (5) redesignated (6).

    Enacted provision · exact public law section
    (A) by striking “people and freight and” and inserting “people and freight,” and

48. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(3)(A) · 129 Stat. 1312

    Redesignated · 23 U.S.C. § 134(d)(6); 23 U.S.C. § 134(d)(7)

    Pub. L. 114–94, § 1201(3)(A), redesignated pars. (5) and (6) as (6) and (7), respectively

    Source evidence

    Code amendment note
    Subsec. (d)(6), (7). Pub. L. 114–94, § 1201(3)(A), redesignated pars. (5) and (6) as (6) and (7), respectively.

    Enacted provision · exact public law section
    (A) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;

49. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(4) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 134(e)(4)(B)

    Pub. L. 114–94, § 1201(4), substituted “subsection (d)(6)” for “subsection (d)(5)”

    Source evidence

    Code amendment note
    Subsec. (e)(4)(B). Pub. L. 114–94, § 1201(4), substituted “subsection (d)(6)” for “subsection (d)(5)”.

    Enacted provision · exact public law section
    (4) in subsection (e)(4)(B) by striking “subsection (d)(5)” and inserting “subsection (d)(6)”;

50. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(5) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 134(g)(3)(A)

    Pub. L. 114–94, § 1201(5), inserted “tourism, natural disaster risk reduction,” after “economic development,”

    Source evidence

    Code amendment note
    Subsec. (g)(3)(A). Pub. L. 114–94, § 1201(5), inserted “tourism, natural disaster risk reduction,” after “economic development,”.

    Enacted provision · exact public law section
    (5) in subsection (g)(3)(A) by inserting “tourism, natural disaster risk reduction,” after “economic development,”;

51. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(6)(A) · 129 Stat. 1312

    Added · 23 U.S.C. § 134(h)(1)(I); 23 U.S.C. § 134(h)(1)(J)

    Pub. L. 114–94, § 1201(6)(A), added subpars. (I) and (J)

    Source evidence

    Code amendment note
    Subsec. (h)(1)(I), (J). Pub. L. 114–94, § 1201(6)(A), added subpars. (I) and (J).

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) in subparagraph (G) by striking “and” at the end; (ii) in subparagraph (H) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: “(I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and “(J) enhance travel and tourism.” ; and

52. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(6)(B) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 134(h)(2)(A)

    Pub. L. 114–94, § 1201(6)(B), substituted “and the general purposes described in section 5301 of title 49” for “and in section 5301(c) of title 49”

    Source evidence

    Code amendment note
    Subsec. (h)(2)(A). Pub. L. 114–94, § 1201(6)(B), substituted “and the general purposes described in section 5301 of title 49” for “and in section 5301(c) of title 49”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(A) by striking “and in section 5301(c) of title 49” and inserting “and the general purposes described in section 5301 of title 49”;

53. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(7)(A)(i) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 134(i)(2)(A)(i)

    Pub. L. 114–94, § 1201(7)(A)(i), substituted “public transportation facilities, intercity bus facilities,” for “transit,”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(A)(i). Pub. L. 114–94, § 1201(7)(A)(i), substituted “public transportation facilities, intercity bus facilities,” for “transit,”.

    Enacted provision · exact public law section
    (i) in subparagraph (A)(i) by striking “transit,” and inserting “public transportation facilities, intercity bus facilities,”;

54. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(7)(A)(ii) · 129 Stat. 1312

    1. Substituted · 23 U.S.C. § 134(i)(2)(G)

       Pub. L. 114–94, § 1201(7)(A)(ii), substituted “, provide” for “and provide”

    2. Inserted · 23 U.S.C. § 134(i)(2)(G)

       Pub. L. 114–94, § 1201(7)(A)(ii), inserted “, and reduce the vulnerability of the existing transportation infrastructure to natural disasters” before period at end

    Source evidence

    Code amendment note
    Subsec. (i)(2)(G). Pub. L. 114–94, § 1201(7)(A)(ii), substituted “, provide” for “and provide” and inserted “, and reduce the vulnerability of the existing transportation infrastructure to natural disasters” before period at end.

    Enacted provision · exact public law section
    (ii) in subparagraph (G)— (I) by striking “and provide” and inserting “, provide”; and (II) by inserting “, and reduce the vulnerability of the existing transportation infrastructure to natural disasters” before the period at the end; and

55. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(7)(A)(iii) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 134(i)(2)(H)

    Pub. L. 114–94, § 1201(7)(A)(iii), inserted before period at end “including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated”

    Source evidence

    Code amendment note
    Subsec. (i)(2)(H). Pub. L. 114–94, § 1201(7)(A)(iii), inserted before period at end “including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated”.

    Enacted provision · exact public law section
    (iii) in subparagraph (H) by inserting “including consideration of the role that intercity buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated” before the period at the end;

56. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(7)(B) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 134(i)(6)(A)

    Pub. L. 114–94, § 1201(7)(B), inserted “public ports,” before “freight shippers,” and “(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “private providers of transportation”

    Source evidence

    Code amendment note
    Subsec. (i)(6)(A). Pub. L. 114–94, § 1201(7)(B), inserted “public ports,” before “freight shippers,” and “(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “private providers of transportation”.

    Enacted provision · exact public law section
    (B) in paragraph (6)(A)— (i) by inserting “public ports,” before “freight shippers,”; and (ii) by inserting “(including intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)” after “private providers of transportation”; and

57. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(7)(C) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 134(i)(8)

    Pub. L. 114–94, § 1201(7)(C), substituted “paragraph (2)(E)” for “paragraph (2)(C)” in two places

    Source evidence

    Code amendment note
    Subsec. (i)(8). Pub. L. 114–94, § 1201(7)(C), substituted “paragraph (2)(E)” for “paragraph (2)(C)” in two places.

    Enacted provision · exact public law section
    (C) in paragraph (8) by striking “paragraph (2)(C)” and inserting “paragraph (2)(E)” each place it appears;

58. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(8)(A) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 134(k)(3)(A)

    Pub. L. 114–94, § 1201(8)(A), inserted “(including intercity bus operators, employer-based commuting programs such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects,” after “reduction”

    Source evidence

    Code amendment note
    Subsec. (k)(3)(A). Pub. L. 114–94, § 1201(8)(A), inserted “(including intercity bus operators, employer-based commuting programs such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects,” after “reduction”.

    Enacted provision · exact public law section
    (A) in subparagraph (A) by inserting “(including intercity bus operators, employer-based commuting programs such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), job access projects,” after “reduction”; and

59. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(8)(B) · 129 Stat. 1312

    Added · 23 U.S.C. § 134(k)(3)(C); 23 U.S.C. § 134(k)(3)(D)

    Pub. L. 114–94, § 1201(8)(B), added subpars. (C) and (D)

    Source evidence

    Code amendment note
    Subsec. (k)(3)(C), (D). Pub. L. 114–94, § 1201(8)(B), added subpars. (C) and (D).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(C) Congestion management plan.— A metropolitan planning organization serving a transportation management area may develop a plan that includes projects and strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall— “(i) develop regional goals to reduce vehicle miles traveled during peak commuting hours and improve transportation connections between areas with high job concentration and areas with high concentrations of low-income households; “(ii) identify existing public transportation services, employer-based commuter programs, and other existing transportation services that support access to jobs in the region; and “(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities. “(D) Participation.— In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with employers, private and nonprofit providers of public transportation, transportation management organizations, and organizations that provide job access reverse commute projects or job-related services to low-income individuals.” ;

60. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(9)(A) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 134(l)(1)

    Pub. L. 114–94, § 1201(9)(A), inserted period at end

    Source evidence

    Code amendment note
    Subsec. (l)(1). Pub. L. 114–94, § 1201(9)(A), inserted period at end.

    Enacted provision · exact public law section
    (A) by adding a period at the end of paragraph (1); and

61. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(9)(B) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 134(l)(2)(D)

    Pub. L. 114–94, § 1201(9)(B), substituted “with a population of 200,000 or less” for “of less than 200,000”

    Source evidence

    Code amendment note
    Subsec. (l)(2)(D). Pub. L. 114–94, § 1201(9)(B), substituted “with a population of 200,000 or less” for “of less than 200,000”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(D) by striking “of less than 200,000” and inserting “with a population of 200,000 or less”;

62. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(10) · 129 Stat. 1312

    Inserted · 23 U.S.C. § 134(n)(1)

    Pub. L. 114–94, § 1201(10), inserted “49” after “chapter 53 of title”

    Source evidence

    Code amendment note
    Subsec. (n)(1). Pub. L. 114–94, § 1201(10), inserted “49” after “chapter 53 of title”.

    Enacted provision · exact public law section
    (10) in subsection (n)(1) by inserting “49” after “chapter 53 of title”;

63. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(11) · 129 Stat. 1312

    Substituted · 23 U.S.C. § 134(p)

    Pub. L. 114–94, § 1201(11), substituted “Funds apportioned under paragraphs (5)(D) and (6) of section 104(b)” for “Funds set aside under section 104(f)”

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 114–94, § 1201(11), substituted “Funds apportioned under paragraphs (5)(D) and (6) of section 104(b)” for “Funds set aside under section 104(f)”.

    Enacted provision · exact public law section
    (11) in subsection (p) by striking “Funds set aside under section 104(f)” and inserting “Funds apportioned under paragraphs (5)(D) and (6) of section 104(b)”; and

64. 2015

    Fixing America’s Surface Transportation Act

    Pub. L. 114–94 § 1201(12) · 129 Stat. 1312

    Added · 23 U.S.C. § 134(r)

    Pub. L. 114–94, § 1201(12), added subsec. (r)

    Source evidence

    Code amendment note
    Subsec. (r). Pub. L. 114–94, § 1201(12), added subsec. (r).

    Enacted provision · exact public law section
    (12) by adding at the end the following: “(r) Bi-State Metropolitan Planning Organization.— “(1) Definition of bi-state mpo region.— In this subsection, the term ‘Bi-State MPO Region’ has the meaning given the term ‘region’ in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Public Law 96–551; 94 Stat. 3234). “(2) Treatment.— For the purpose of this title, the Bi-State MPO Region shall be treated as— “(A) a metropolitan planning organization; “(B) a transportation management area under subsection (k); and “(C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population of 65,000 in the State of Nevada. “(3) Suballocated funding.— “(A) Planning.— In determining the amounts under subparagraph (A) of section 133(d)(1) that shall be obligated for a fiscal year in the States of California and Nevada under clauses (i), (ii), and (iii) of that subparagraph, the Secretary shall, for each of those States— “(i) calculate the population under each of those clauses; “(ii) decrease the amount under section 133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State; and “(iii) increase the amount under section 133(d)(1)(A)(i) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State. “(B) STBGP set aside.— In determining the amounts under paragraph (2) of section 133(h) that shall be obligated for a fiscal year in the States of California and Nevada, the Secretary shall, for the purpose of that subsection, calculate the populations for each of those States in a manner consistent with subparagraph (A).” .

65. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(d)(1) · 135 Stat. 429

    Inserted · 23 U.S.C. § 134(a)(1)

    Pub. L. 117–58, § 11201(d)(1), inserted “better connect housing and employment,” after “urbanized areas”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–58, § 11201(d)(1), inserted “better connect housing and employment,” after “urbanized areas”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), by inserting “better connect housing and employment,” after “urbanized areas”;

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

66. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(a)(1)(A) · 135 Stat. 429

    Added · 23 U.S.C. § 134(d)(3)(D)

    Pub. L. 117–58, § 11201(a)(1)(A), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (d)(3)(D). Pub. L. 117–58, § 11201(a)(1)(A), added subpar. (D).

    Enacted provision · exact public law section
    (A) in paragraph (3), by adding at the end the following: “(D) Considerations.— In designating officials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area.” ; and

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

67. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(a)(1)(B) · 135 Stat. 429

    1. Substituted · 23 U.S.C. § 134(d)(7)

       Pub. L. 117–58, § 11201(a)(1)(B), substituted “an existing urbanized area (as defined by the Bureau of the Census)” for “an existing metropolitan planning area”

    2. Substituted · 23 U.S.C. § 134(d)(7)

       Pub. L. 117–58, § 11201(a)(1)(B), substituted “the area” for “the existing metropolitan planning area”

    Source evidence

    Code amendment note
    Subsec. (d)(7). Pub. L. 117–58, § 11201(a)(1)(B), substituted “an existing urbanized area (as defined by the Bureau of the Census)” for “an existing metropolitan planning area” and “the area” for “the existing metropolitan planning area”.

    Enacted provision · exact public law section
    (B) in paragraph (7)— (i) by striking “an existing metropolitan planning area” and inserting “an existing urbanized area (as defined by the Bureau of the Census)”; and (ii) by striking “the existing metropolitan planning area” and inserting “the area”;

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

68. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(a)(2)(A) · 135 Stat. 429

    Substituted · 23 U.S.C. § 134(g)(1)

    Pub. L. 117–58, § 11201(a)(2)(A), substituted “an urbanized area (as defined by the Bureau of the Census)” for “a metropolitan area”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 117–58, § 11201(a)(2)(A), substituted “an urbanized area (as defined by the Bureau of the Census)” for “a metropolitan area”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “a metropolitan area” and inserting “an urbanized area (as defined by the Bureau of the Census)”; and

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

69. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(d)(2) · 135 Stat. 429

    Inserted · 23 U.S.C. § 134(g)(3)(A)

    Pub. L. 117–58, § 11201(d)(2), inserted “housing,” after “economic development,”

    Source evidence

    Code amendment note
    Subsec. (g)(3)(A). Pub. L. 117–58, § 11201(d)(2), inserted “housing,” after “economic development,”.

    Enacted provision · exact public law section
    (2) in subsection (g)(3)(A), by inserting “housing,” after “economic development,”;

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

70. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(a)(2)(B) · 135 Stat. 429

    Added · 23 U.S.C. § 134(g)(4); 23 U.S.C. § 134(g)(5)

    Pub. L. 117–58, § 11201(a)(2)(B), added pars. (4) and (5)

    Source evidence

    Code amendment note
    Subsec. (g)(4), (5). Pub. L. 117–58, § 11201(a)(2)(B), added pars. (4) and (5).

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(4) Coordination between MPOs.— If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting travel demand. “(5) Savings clause.— Nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP.” ;

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

71. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(d)(3) · 135 Stat. 429

    Inserted · 23 U.S.C. § 134(h)(1)(E)

    Pub. L. 117–58, § 11201(d)(3), inserted “, housing,” after “growth”

    Source evidence

    Code amendment note
    Subsec. (h)(1)(E). Pub. L. 117–58, § 11201(d)(3), inserted “, housing,” after “growth”.

    Enacted provision · exact public law section
    (3) in subsection (h)(1)(E), by inserting “, housing,” after “growth”;

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

72. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(d)(4)(A) · 135 Stat. 429

    1. Added · 23 U.S.C. § 134(i)(4)(B)(iii)(vii)

       Pub. L. 117–58, § 11201(d)(4)(A), added cl. (iii)

    2. Redesignated · 23 U.S.C. § 134(i)(4)(B)(iii)(vii)

       Pub. L. 117–58, § 11201(d)(4)(A), redesignated former cls. (iii) to (vi) as (iv) to (vii), respectively

    Source evidence

    Code amendment note
    Subsec. (i)(4)(B)(iii) to (vii). Pub. L. 117–58, § 11201(d)(4)(A), added cl. (iii) and redesignated former cls. (iii) to (vi) as (iv) to (vii), respectively.

    Enacted provision · exact public law section
    (A) in paragraph (4)(B)— (i) by redesignating clauses (iii) through (vi) as clauses (iv) through (vii), respectively; and (ii) by inserting after clause (ii) the following: “(iii) assumed distribution of population and housing;” ; and

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

73. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(d)(4)(B) · 135 Stat. 429

    Inserted · 23 U.S.C. § 134(i)(6)(A)

    Pub. L. 117–58, § 11201(d)(4)(B), inserted “affordable housing organizations,” after “disabled,”

    Source evidence

    Code amendment note
    Subsec. (i)(6)(A). Pub. L. 117–58, § 11201(d)(4)(B), inserted “affordable housing organizations,” after “disabled,”.

    Enacted provision · exact public law section
    (B) in paragraph (6)(A), by inserting “affordable housing organizations,” after “disabled,”; and

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

74. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(a)(3) · 135 Stat. 429

    Added · 23 U.S.C. § 134(i)(6)(D)

    Pub. L. 117–58, § 11201(a)(3), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (i)(6)(D). Pub. L. 117–58, § 11201(a)(3), added subpar. (D).

    Enacted provision · exact public law section
    (3) in subsection (i)(6), by adding at the end the following: “(D) Use of technology.— A metropolitan planning organization may use social media and other web-based tools— “(i) to further encourage public participation; and “(ii) to solicit public feedback during the transportation planning process.” ; and

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

75. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(d)(5) · 135 Stat. 429

    1. Added · 23 U.S.C. § 134(k)(4)(6)

       Pub. L. 117–58, § 11201(d)(5), added par. (4)

    2. Redesignated · 23 U.S.C. § 134(k)(4)(6)

       Pub. L. 117–58, § 11201(d)(5), redesignated former pars. (4) and (5) as (5) and (6), respectively

    Source evidence

    Code amendment note
    Subsec. (k)(4) to (6). Pub. L. 117–58, § 11201(d)(5), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

    Enacted provision · exact public law section
    (5) in subsection (k)— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: “(4) Housing coordination process.— “(A) In general.— Within a metropolitan planning area serving a transportation management area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integration, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49. “(B) Coordination in integrated planning process.— In carrying out the process described in subparagraph (A), a metropolitan planning organization may— “(i) consult with— “(I) State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and “(II) other appropriate public or private entities; and “(ii) coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing affordability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1). “(C) Housing coordination plan.— “(i) In general.— A metropolitan planning organization serving a transportation management area may develop a housing coordination plan that includes projects and strategies that may be considered in the metropolitan transportation plan of the metropolitan planning organization. “(ii) Contents.— A plan described in clause (i) may— “(I) develop regional goals for the integration of housing, transportation, and economic development strategies to— “(aa) better connect housing and employment while mitigating commuting times; “(bb) align transportation improvements with housing needs, such as housing supply shortages, and proposed housing development; “(cc) align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area; “(dd) expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate, including higher-density development, as locally determined; “(ee) manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development; “(ff) increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area; “(II) identify the location of existing and planned housing and employment, and transportation options that connect housing and employment; and “(III) include a comparison of transportation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership, and housing development.” .

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

76. 2021

    Surface Transportation Reauthorization Act of 2021

    Pub. L. 117–58 § 11201(a)(4) · 135 Stat. 429

    Substituted · 23 U.S.C. § 134(p)

    Pub. L. 117–58, § 11201(a)(4), substituted “section 104(b)(6)” for “paragraphs (5)(D) and (6) of section 104(b) of this title”

    Source evidence

    Code amendment note
    Subsec. (p). Pub. L. 117–58, § 11201(a)(4), substituted “section 104(b)(6)” for “paragraphs (5)(D) and (6) of section 104(b) of this title”.

    Enacted provision · exact public law section
    (4) in subsection (p), by striking “paragraphs (5)(D) and (6) of section 104(b) of this title” and inserting “section 104(b)(6)”.

    Effective date note
    Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

111 of 111 references resolved to an enrolled provision