METROPOLITAN PLANNING.

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:112 STAT. 171 “(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: “(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— 112 STAT. 172 “(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 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). 112 STAT. 173 “(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 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 112 STAT. 174other than the Department of Transportation to provide nonemergency transportation services.”. (e) Coordination of MPOs.— Section 134(e) of such title is 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 112 STAT. 175plan 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: “(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. 112 STAT. 176 “(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 112 STAT. 177improvement 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 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.— 112 STAT. 178 “(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) 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. 112 STAT. 179 “(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.” .