I
106TH CONGRESS
2D SESSION
H. R. 3686
To amend the Clean Air Act and titles 23 and 49, United States Code,
to provide for continued authorization of funding of transportation
projects after a lapse in transportation conformity.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 16, 2000
Mr. LEWIS of Georgia (for himself and Mr. FILNER) introduced the following
bill; which was referred to the Committee on Commerce, and in addition
to the Committee on Transportation and Infrastructure, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To amend the Clean Air Act and titles 23 and 49, United
States Code, to provide for continued authorization of
funding of transportation projects after a lapse in trans-
portation conformity.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONTINUED AUTHORIZATION OF FUNDING OF
TRANSPORTATION PROJECTS AFTER LAPSE
IN TRANSPORTATION CONFORMITY.
Section 176(c)(2) of the Clean Air Act (42 U.S.C
7506(c)(2)) is amended by adding at the end the fol-
lowing:
‘‘(E) Notwithstanding subparagraphs (C) and
(D), any transportation project identified for fund-
ing in a transportation plan and transportation im-
provement program adopted under section 134 of
title 23 or sections 5303 through 5306 of title 49,
United States Code, shall remain eligible for funding
under title 23 or chapter 53 of title 49, United
States Code, as applicable, after the long-range
transportation plan or transportation improvement
program no longer conforms as required by subpara-
graphs (2)(C)(i) or (2)(D), if—
‘‘(i) the long-range transportation plan and
transportation program met the requirements of
subsection (c) at the time at which a project
agreement for the transportation project was
approved under section 106(a)(2) of title 23,
United States Code, or the project was other-
wise approved for assistance under chapter 53
of title 49, United States Code, as applicable;
‘‘(ii) the transportation project is a trans-
portation control measure (as defined in section
93.101 of title 40 of the Code of Federal Regu-
lations (as in effect on March 1, 1999);
‘‘(iii) the transportation project qualifies
for an exemption from the requirement that the
transportation project come from a conforming
metropolitan long-range transportation plan
and transportation improvement program under
section 93.126 or 93.127 of title 40, Code of
Federal Regulations (as in effect on March 1,
1999); or
‘‘(iv) the transportation project is exempt
from a prohibition on approval under section
179(b)(1), except that this paragraph shall not
apply to a transportation project described in
section 179(b)(1)(B)(iv).’’.
SEC. 2. AMENDMENT OF LONG-RANGE TRANSPORTATION
PLANS 
AND 
TRANSPORTATION 
IMPROVE-
MENT PROGRAMS NOT CONFORMING TO AP-
PLICABLE IMPLEMENTATION PLANS.
(a) TRANSPORTATION PLANS.—Section 134 of title
23, United States Code, is amended by adding at the end
the following:
‘‘(p) AMENDMENTS TO PLANS AND PROGRAMS NOT
CONFORMING
TO
APPLICABLE
IMPLEMENTATION
PLANS.—Notwithstanding any other provision of law, a
long-range transportation plan or transportation improve-
ment program under this section that no longer conforms
to the applicable implementation plan under section
176(c) of the Clean Air Act (42 U.S.C. 7506(c)) and part
93 of title 40, Code of Federal Regulations (or a successor
regulation), may be amended without a demonstration of
conformity if the amendment is solely for the purpose for
adding a transportation project—
‘‘(1) for which the State submits to the Admin-
istrator of the Environmental Protection Agency a
request for approval as a transportation control
measure (as defined in section 93.101 of title 40,
Code of Federal Regulations (as in effect on March
1, 1999)) under section 110 of the Clean Air Act
(42 U.S.C. 7410); or
‘‘(2) that qualifies for an exemption from the
requirement that the transportation project come
from a conforming metropolitan long-range trans-
portation 
improvement 
program 
under 
section
93.126 or 93.127 of title 40, Code of Federal Regu-
lations (as in effect on March 1, 1999).’’.
(b) MASS TRANSPORTATION PLANS.—Section 5303
of title 49, United States Code, is amended by adding at
the end the following:
‘‘(i) AMENDMENTS OF PLANS AND PROGRAMS NOT
CONFORMING
TO
APPLICABLE
IMPLEMENTATION
PLANS.—Notwithstanding any other provision of law, a
long-range transportation plan under this section or a
transportation improvement program under section 5304
that no longer conforms to the applicable implementation
plan under section 176(c) of the Clean Air Act (42 U.S.C.
7506(c)) and part 93 of title 40, Code of Federal Regula-
tions (or a successor regulation), may be amended without
a demonstration of conformity if the amendment is solely
for the purpose of adding a transportation project—
‘‘(1) for which the State submits to the Admin-
istrator of the Environmental Protection Agency a
request for approval as a transportation control
measure (as defined in section 93.101 of title 40,
Code of Federal Regulations (as in effect on March
1, 1999)) under section 110 of the Clean Air Act
(42 U.S.C. 7410); or
‘‘(2) that qualifies for an exemption from the
requirement that the transportation project come
from a conforming metropolitan long-range trans-
portation plan under and transportation improve-