METROPOLITAN PLANNING.

SEC. 3004. METROPOLITAN PLANNING. (a) General Requirements; Scope of Planning Process.— Section 5303 is amended by striking subsections (a) and (b) and inserting the following: “(a) General Requirements.— (1) Development of plans and programs.— To carry out section 5301(a), metropolitan planning organizations designated under subsection (c), in cooperation with the States and mass transportation operators, shall develop transportation plans and programs for urbanized areas of the State.112 STAT. 342 “(2) Contents.— The plans and programs developed under paragraph (1) 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. “(3) Process.— 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) 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.”. (b) Designating Metropolitan Planning Organizations.— Section 5303(c) is amended— (1) in paragraph (1)(A)— (A) by striking “representing” and inserting “that together represent”; and (B) by striking “as defined by the Secretary of Commerce)” and inserting “or cities, as defined by the Bureau of the Census)”; (2) in paragraph (2)— (A) by striking “In a metropolitan area” and all that follows through “shall include” and inserting “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”; and (B) by striking “officials of authorities” and inserting “officials of public agencies”;112 STAT. 343 (3) in paragraph (3) by striking “in an urbanized area” and all that follows through “of the urbanized area” and inserting “within an existing metropolitan planning area only if the chief executive officer of the State and the existing metropolitan organization determine that the size and complexity of the existing metropolitan planning area”; and (4) in paragraph (5)— (A) in subparagraph (A)— (i) by striking “representing” and inserting “that together represent”; and (ii) by striking “as defined by the Secretary of Commerce)” and inserting “or cities, as defined by the Bureau of the Census)”; (B) in subparagraph (B) by striking “as defined by the Secretary of Commerce)” and inserting “or cities, as defined by the Bureau of the Census)”; and (C) by adding at the end the following: “(D) Designations of metropolitan planning organizations, whether made under this section or under any other provision of law, shall remain in effect until redesignation under this paragraph.”. (c) Metropolitan Area Boundaries.— Section 5303(d) is amended— (1) in the subsection heading by inserting “Planning ” before “Area ”; (2) in the first sentence— (A) by striking “To carry out” and inserting the following: “(1) In general.— To carry out”; 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 chief executive officer of the State and any affected metropolitan planning organizations, in the manner described in subsection (c)(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 under the Clean Air Act, the boundaries of the metropolitan planning area— “(A) shall be established in the manner described in subsection (c)(1);112 STAT. 344 “(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.”; 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.— Section 5303(e) is amended— (1) in paragraph (2)— (A) by inserting “or compact” after “agreement” the first place it appears”; and (B) by striking “making the agreement effective” and inserting “making the agreements and compacts effective”; and (2) by adding at the end the following: “(4) 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 this chapter; and “(B) by governmental agencies and non-profit organizations (including representatives of the agencies and organizations) that receive Governmental assistance from a source other than the Department of Transportation to provide non-emergency transportation services.”. (e) Developing Long-Range Transportation Plans.— Section 5303(f) is amended— (1) in paragraph (1)— (A) in subparagraph (A) by striking “United States and regional transportation functions” and inserting “national, regional, and metropolitan transportation functions”; (B) in subparagraph (B) by striking clause (iii) and inserting the following: “(iii) recommends any additional financing strategies for needed projects and programs;”; and “(C) by striking subparagraph (C) and inserting the following: “(C) identify transportation strategies necessary— “(i) to ensure preservation, including requirements for management, operation, modernization, and rehabilitation, of the existing and future transportation system; and “(ii) to use existing transportation facilities most efficiently to relieve congestion, to efficiently serve the mobility needs of people and goods, and to enhance access within the metropolitan planning area; and”; (2) in paragraph (2) by striking “as they are related to a 20-year forecast period” and inserting “and any State or local goals developed within the cooperative metropolitan planning process as they relate to a 20-year forecast period and to other forecast periods as determined by the participants in the planning process”; (3) in paragraph (4)—112 STAT. 345 (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,”; (4) in paragraph (5)(A) by inserting “published or otherwise” before “made readily available”; (5) in the subsection heading by striking “Long-Range Plans” and inserting “Long-Range Transportation Plans”; and (6) by striking “long-range plans” each place it appears and inserting “long-range transportation plans”.