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‘‘(A) shall encompass at least the existing 
urbanized area and the contiguous area ex-
pected to become urbanized within a 20-year 
forecast period for the transportation plan; and 
‘‘(B) may encompass the entire metropoli-
tan statistical area or consolidated metropolitan 
statistical area, as defined by the Office of 
Management and Budget. 
‘‘(3) IDENTIFICATION
OF
NEW
URBANIZED 
AREA
WITHIN
EXISTING
PLANNING
AREA
BOUND-
ARIES.—The designation by the Bureau of the Cen-
sus of new urbanized areas within an existing metro-
politan planning area shall not require the redesig-
nation of the existing metropolitan planning organi-
zation. 
‘‘(4) 
EXISTING
METROPOLITAN
PLANNING 
AREAS IN NONATTAINMENT.—Notwithstanding para-
graph (2), in the case of an urbanized area des-
ignated 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 bound-
aries may be adjusted by agreement of the Governor
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and affected metropolitan planning organizations in 
the manner described in subsection (c)(5). 
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN 
NONATTAINMENT.—In the case of an urbanized area 
designated after the date of enactment of this para-
graph in a nonattainment area for ozone or carbon 
monoxide, the boundaries of the metropolitan plan-
ning area—
‘‘(A) shall be established in the manner de-
scribed in subsection (b)(1); 
‘‘(B) shall encompass the areas described 
in paragraph (c)(2)(A); 
‘‘(C) may encompass the areas described in 
paragraph (c)(2)(B); and 
‘‘(D) may address any nonattainment iden-
tified under the Clean Air Act (42 U.S.C. 7401 
et seq.) for ozone or carbon monoxide. 
‘‘(d) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each Governor with responsibility for a portion 
of a multistate metropolitan area and the appro-
priate metropolitan planning organizations to pro-
vide coordinated transportation planning for the en-
tire metropolitan area.
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‘‘(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 as-
sistance 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 desir-
able 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 ar-
ticle II of the Tahoe Regional Planning Com-
pact, as set forth in the first section of Public 
Law 96–551 (94 Stat. 3234). 
‘‘(B) TRANSPORTATION
PLANNING
PROC-
ESS.—The Secretary shall—
‘‘(i) establish with the Federal land 
management agencies that have jurisdic-
tion over land in the Lake Tahoe region a
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transportation planning process for the re-
gion; and 
‘‘(ii) coordinate the transportation 
planning process with the planning process 
required of State and local governments 
under this section and section 5204. 
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN GENERAL.—Subject to clause 
(ii), notwithstanding subsection (b), to 
carry out the transportation planning proc-
ess required by this section, the consent of 
Congress is granted to the States of Cali-
fornia and Nevada to designate a metro-
politan 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 de-
fined 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.—
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‘‘(I) 
REPRESENTATION.—The 
policy board of a metropolitan plan-
ning organization designated under 
clause (i) shall include a representa-
tive 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 metropoli-
tan planning organization under other 
provisions of title 23 and under chap-
ter 53 of this title, not more than 1 
percent of the funds allocated under 
section 202 of title 23 may be used to 
carry out the transportation planning 
process for the Lake Tahoe region 
under this subparagraph. 
‘‘(D) ACTIVITIES.—Highway projects in-
cluded 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
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‘‘(ii) may, in accordance with chapter 
2 of title 23, be funded using funds allo-
cated under section 202 of title 23. 
‘‘(e) COORDINATION OF MPOS.—
‘‘(1) NONATTAINMENT AREAS.—If more than 1 
metropolitan planning organization has authority 
within a metropolitan area or an area which is des-
ignated as a nonattainment area for ozone or carbon 
monoxide under the Clean Air Act, each metropoli-
tan planning organization shall consult with the 
other metropolitan planning organizations des-
ignated for such area and the State in the coordina-
tion of plans required by this section. 
‘‘(2) TRANSPORTATION
IMPROVEMENTS
LO-
CATED IN MULTIPLE MPOS.—If a transportation 
improvement, funded from the highway trust fund, 
is located within the boundaries of more than 1 met-
ropolitan planning area, the metropolitan planning 
organizations shall coordinate plans regarding the 
transportation improvement. 
‘‘(3) 
INTERREGIONAL
AND
INTERSTATE 
PROJECT IMPACTS.—Planning for NHS, commuter 
rail projects or other projects with substantial im-
pacts outside a single metropolitan planning area or
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State shall be coordinated directly with the affected, 
contiguous MPOs and States. 
‘‘(4) COORDINATION
WITH
OTHER
PLANNING 
PROCESSES.—The Secretary shall encourage each 
MPO to coordinate its planning process, to the max-
imum extent practicable, with those officials respon-
sible for other types of planning activities that are 
affected by transportation, including State and local 
planned growth, economic development, environ-
mental protection, airport operations, and freight. 
The metropolitan planning process shall develop 
transportation plans with due consideration of, and 
in coordination with, other related planning activities 
within the metropolitan area. This should include 
the design and delivery of transportation services 
within the metropolitan area that are provided by: 
‘‘(A) recipients of assistance under chapter 
53 of this title; 
‘‘(B) governmental agencies and nonprofit 
organizations (including representatives of the 
agencies and organizations) that receive Federal 
assistance from a source other than the Depart-
ment of Transportation to provide non-emer-
gency transportation services; and
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‘‘(C) recipients of assistance under section 
204 of title 23. 
‘‘(f) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The goals and objectives 
developed through the metropolitan planning process 
for a metropolitan planning area under this section 
shall address the following factors as they relate to 
the performance of the metropolitan area transpor-
tation systems to: 
‘‘(A) support the economic vitality of the 
metropolitan area, especially by enabling global 
competitiveness, productivity, and efficiency, in-
cluding through services provided by public and 
private operators; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and nonmotorized 
users; 
‘‘(D) increase the accessibility and mobility 
of people and for freight, including through 
services provided by public and private opera-
tors;
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‘‘(E) protect and enhance the environment, 
promote energy conservation, and promote con-
sistency between transportation improvements 
and State and local planned growth and eco-
nomic development patterns; 
‘‘(F) 
enhance 
the 
integration 
and 
connectivity of the transportation system, 
across and between modes, for people and 
freight, including through services provided by 
public and private operators; 
‘‘(G) promote efficient system management 
and operation; and 
‘‘(H) emphasize the preservation of the ex-
isting transportationsystem, including services 
provided by public and private operators. 
‘‘(2) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to consider any factor specified in paragraph 
(1) shall not be reviewable by any court under title 
23 or 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) DEVELOPMENT OF TRANSPORTATION PLAN.—
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‘‘(1) IN
GENERAL.—Each metropolitan plan-
ning organization shall prepare, and update at least 
every five years a transportation plan for its metro-
politan planning area in accordance with the require-
ments of this subsection. 
‘‘(2) TRANSPORTATION
PLAN.—A transpor-
tation 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) An identification of transportation fa-
cilities (including but not necessarily limited to 
major roadways, transit, multimodal and inter-
modal facilities, and intermodal connectors) 
that should function as an integrated metropoli-
tan transportation system, giving emphasis to 
those facilities that serve important national 
and regional transportation functions. In for-
mulating the transportation plan, the metropoli-
tan planning organization shall consider factors 
described in subsection (f) as such factors re-
late to a 20 year forecast period. 
‘‘(B) A financial plan that demonstrates 
how the adopted transportation plan can be im-
plemented, indicates resources from public and 
private sources that are reasonably expected to
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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, ad-
ditional projects that would be included in the 
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the 
financial plan were available. However, no illus-
trative project may be advanced without an ac-
tion of the Secretary. For the purpose of devel-
oping the transportation plan, the metropolitan 
planning organization, transit operator and 
State shall cooperatively develop estimates of 
funds that will be available to support plan im-
plementation. 
‘‘(C) Operational and management strate-
gies to improve the performance of existing 
transportation facilities to relieve vehicular con-
gestion and maximize the safety and mobility of 
people and goods. 
‘‘(D) Capital investment and other strate-
gies to preserve the existing metropolitan trans-
portation 
infrastructure 
and 
provide 
for 
multimodal capacity increases based on regional 
priorities and needs.
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‘‘(E) Proposed transportation and transit 
enhancement activities. 
‘‘(3) COORDINATION
WITH
CLEAN
AIR
ACT 
AGENCIES.—In metropolitan areas which are in non-
attainment for ozone or carbon monoxide under the 
Clean Air Act, the metropolitan planning organiza-
tion shall coordinate the development of transpor-
tation plan with the process for development of the 
transportation control measures of the State imple-
mentation plan required by the Clean Air Act. 
‘‘(4) TRANSPORTATION CONFORMITY.— 
‘‘(A) For the purposes of Section 7506 of 
title 42, United States Code, the transportation 
plan shall be considered to be a transportation 
plan or a portion of a transportation plan, de-
veloped pursuant to this section that extends 
for the longest of the following periods: 
‘‘(i) the first 10-year period of any 
such plan, 
‘‘(ii) the latest year in the area’s ap-
plicable implementation plan which con-
tains a motor vehicle emissions budget, or 
‘‘(iii) the completion date of a region-
ally significant project, if the project re-
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quires approval before the subsequent con-
formity determination. 
‘‘(B) A regional motor vehicle emissions 
analysis for the last year of the transportation 
plan shall be developed for information pur-
poses only, if such year extends beyond the time 
frame established by subparagraph (A). The re-
sults of the analysis shall be provided to in-
volved governors, the Administrator of the En-
vironmental Protection Agency, and the Sec-
retary of the Department of Transportation, 
and should be considered by air quality and 
transportation planning agencies in subsequent 
updates of air quality and transportation plans. 
The results of this analysis shall be made avail-
able to the public. 
‘‘(5) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—Before the approval of a transportation plan 
by the Governor and metropolitan planning organi-
zation, each metropolitan planning organization shall 
provide citizens, affected public agencies, representa-
tives of public transportation employees, freight 
shippers, providers of freight transportation services, 
private providers of transportation, representatives 
of users of public transit, representatives of users of
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pedestrian walkways and bicycle transportation fa-
cilities, and other interested parties with a reason-
able opportunity to comment on the transportation 
plan, in a manner that the Secretary deems appro-
priate. 
‘‘(6) APPROVAL OF TRANSPORTATION PLAN.—
‘‘(A) Each transportation plan prepared by 
a metropolitan planning organization shall be—
‘‘(i) approved by the MPO; and 
‘‘(ii) submitted to the Governor for 
approval of the first five years of the plan. 
‘‘(B) The projects listed in the first five 
years of the plan may be selected for advance-
ment consistent with the project selection re-
quirements. Major amendments (addition, dele-
tion, or concept and scope change of a region-
ally significant project) to this list would re-
quire appropriate public involvement, financial 
planning, transportation conformity analyses 
and a finding by the FHWA and FTA that the 
amended plan was produced in a manner con-
sistent with this section. 
‘‘(7) INCLUDED PROJECTS.—
‘‘(A) PROJECTS
UNDER
CHAPTER
OF 
TITLE 23 AND CHAPTER 53 OF TITLE 49.—A
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transportation plan developed under this section 
for a metropolitan area shall include the 
projects and strategies within the area that are 
proposed for funding under chapter 1 of title 
23 and chapter 53 of title 49. 
‘‘(B) PROJECTS
UNDER
CHAPTER
OF 
TITLE
23—REGIONALLY
SIGNIFICANT 
PROJECTS.—Regionally significant projects pro-
posed for funding under chapter 2 of title 23 
shall be identified individually in the metropoli-
tan transportation plan. 
‘‘(C) OTHER
PROJECTS.—Projects pro-
posed for funding under chapter 2 of title 23 
that are not determined to be regionally signifi-
cant shall be grouped in 1 line item or identi-
fied individually in the metropolitan transpor-
tation plan. 
‘‘(8) SELECTION OF PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise 
provided in subsection (h)(4) the selection of 
federally funded projects in metropolitan plan-
ning areas shall be carried out, from the ap-
proved transportation plan—
‘‘(i) by—
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‘‘(I) in the case of projects under 
chapter 1 of title 23, the State; 
‘‘(II) in the case of projects 
under section 5307 of this title, the 
designated transit funding recipients; 
and 
(III) in the case of projects under 
5308, 5310, 5311, and 5317, the 
State; and 
‘‘(ii) in cooperation with the metro-
politan planning organization. 
‘‘(B) MODIFICATIONS
TO
PROJECT
PRI-
ORITY.—Notwithstanding any other provision of 
law, action by the Secretary shall not be re-
quired to advance a project from the first five 
years of the plan included in the approved 
transportation plan in place of another project 
in the same five-year period. 
‘‘(9) PUBLICATION.—
‘‘(A) PUBLICATION
OF
TRANSPORTATION 
PLAN.—A transportation plan involving federal 
participation shall be published or otherwise 
made readily available by the metropolitan plan-
ning organization for public review.
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‘‘(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 pre-
ceding five years 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 cat-
egories identified in the first five years of the 
transportation plan. 
‘‘(h) TRANSPORTATION MANAGEMENT AREAS.—
‘‘(1) REQUIRED
IDENTIFICATION.—The Sec-
retary 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 in-
dividuals. 
‘‘(2) TRANSPORTATION PLANS.—In a metropoli-
tan planning area serving a transportation manage-
ment area, transportation plans shall be based on a 
continuing and comprehensive transportation plan-
ning process carried out by the metropolitan plan-
ning organization in cooperation with the State and 
transit operators.
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‘‘(3) CONGESTION
MANAGEMENT
SYSTEM.—
Within a metropolitan planning area serving a trans-
portation management area, the transportation plan-
ning process under this section shall address conges-
tion management through a process that provides 
for effective management and operation, based on a 
cooperatively developed and implemented metropoli-
tan-wide strategy, of new and existing transportation 
facilities eligible for funding under title 23 and chap-
ter 53 of this title 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 one-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 transpor-
tation management area under title 23 (exclud-
ing projects carried out on the National High-
way System and projects carried out under the 
bridge program or the Interstate maintenance 
program) or under chapter 53 of this title shall 
be selected for implementation from the ap-
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proved transportation plan 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 metropolitan planning area 
serving a transportation management area, on 
the National Highway System and projects car-
ried out within such boundaries under the 
bridge program or the Interstate maintenance
program under title 23 shall be selected for im-
plementation from the approved transportation 
plan by the State in cooperation with the met-
ropolitan planning organization designated for 
the area. 
‘‘(5) CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan 
planning process of an MPO serving a 
transportation management area is being 
carried out in accordance with applicable 
provisions of Federal law; and 
‘‘(ii) subject to subparagraph (B), cer-
tify, not less often than once every 5 years
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that the requirements of this paragraph 
are met with respect to the metropolitan 
planning process. 
‘‘(B) 
REQUIREMENTS
FOR
CERTIFI-
CATION.—The Secretary may make the certifi-
cation under subparagraph (A) if—
‘‘(i) the transportation planning proc-
ess complies with the requirements of this 
section and other applicable requirements 
of Federal law; and 
‘‘(ii) there is a transportation plan for 
the metropolitan planning area that has 
been approved by the metropolitan plan-
ning organization and the Governor. 
‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
‘‘(i) 
WITHHOLDING
OF
PROJECT 
FUNDS.—If a metropolitan planning proc-
ess of a metropolitan planning organization 
serving a TMA is not certified, the Sec-
retary may withhold a portion or all of the 
funds available to metropolitan planning 
area of the metropolitan planning organi-
zation for projects funded under title 23 
and chapter 53 of this title.
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‘‘(ii) RESTORATION
OF
WITHHELD 
FUNDS.—The withheld funds shall be re-
stored 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 pub-
lic involvement appropriate to the metropolitan 
area under review. 
‘‘(i) 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 sec-
tion, the Secretary may provide for the development 
of an abbreviated transportation plan for the metro-
politan planning area that the Secretary determines 
is appropriate to achieve the purposes of this sec-
tion, taking into account the complexity of transpor-
tation problems in the area. 
‘‘(2) NONATTAINMENT AREAS.—The Secretary 
may not permit abbreviated plans 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.).
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‘‘(j) ADDITIONAL
REQUIREMENTS
FOR
CERTAIN 
NONATTAINMENT AREAS.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provisions of title 23 or chapter 53 of this title, for 
transportation management areas classified as non-
attainment for ozone or carbon monoxide pursuant 
to the Clean Air Act, Federal funds may not be ad-
vanced in such area for any highway project that 
will result in a significant increase in carrying ca-
pacity for single-occupant vehicles unless the project 
is addressed through a congestion management proc-
ess. 
‘‘(2) APPLICABILITY.—This subsection applies 
to a nonattainment area within the metropolitan 
planning area boundaries determined under sub-
section (c). 
‘‘(k) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to confer on 
a metropolitan planning organization the authority to im-
pose legal requirements on any transportation facility, 
provider, or project not eligible under title 23 or chapter 
53 of this title. 
‘‘(l) FUNDING.—Funds set aside under section 104(f) 
of title 23 or section 5305(h) of this title shall be available 
to carry out this section.
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‘‘(m) CONTINUATION OF CURRENT REVIEW PRAC-
TICE.—Since plans described in this section are subject 
to a reasonable opportunity for public comment, individual 
projects included in plans are subject to review under the 
National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), and decisions by the Secretary concerning 
plans described in this section have not been reviewed 
under such Act as of January 1, 1997, any decision by 
the Secretary concerning a plan 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) RELATIONSHIP TO THE NEPA PROCESS.—
‘‘(1) To expedite the planning and development 
of transportation improvements in compliance with 
this section and section 5204 and the National Envi-
ronmental Policy Act (42 U.S.C. 4321 et seq.), to 
facilitate compliance with the Clean Water Act (33 
U.S.C. 1251 et seq.) and other Federal environ-
mental laws, and to fulfill the directive in section 
1308 of the Transportation Equity Act for the 21st 
Century, Public Law 105–206, to integrate the 
major investment study requirement into the trans-
portation planning and National Environmental Pol-
icy Act processes, the Secretary and heads of other
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Federal agencies shall presume that the results of 
studies developed as part of the planning process es-
tablish the basis for an environmental assessment or 
impact statement, provided that such studies, pursu-
ant to the provisions of this section—
‘‘(A) are consistent with subsection (a)(4) 
of this section; 
‘‘(B) provided opportunities for citizens 
and interested parties to participate during the 
studies;
‘‘(C) included consideration of an appro-
priate range of alternatives, such as alternative 
modes, technologies, general alignments, and 
policies; and 
‘‘(D) considered the planning factors of 
subsection (f)(1) . 
‘‘(2) The results of studies developed as part of 
the planning process and that are presumed to es-
tablish the basis for an environmental assessment or 
impact statement, as described in subsection (1) of 
this section, include, but are not limited to—
‘‘(A) the purpose and need; 
‘‘(B) the alternatives selected for evalua-
tion in an environmental assessment or impact 
statement; and
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‘‘(C) an assessment of environmental im-
pacts related to development growth, including 
indirect and cumulative effects, that is con-
sistent with local land use, growth management, 
or development plans. 
‘‘(3) The results of studies developed during the 
planning process may be appended to or incor-
porated by reference in and used to substantiate an 
environmental assessment or impact statement. 
‘‘§ 5204. Statewide transportation planning 
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT
OF
PLANS
AND
PRO-
GRAMS.—To accomplish the objectives stated in sec-
tion 5201, each State shall develop a statewide 
transportation plan and a statewide Transportation 
Improvement Program (STIP) for all areas of the 
State subject to section 5203. 
‘‘(2) CONTENTS.—The statewide transportation 
plan and the STIP developed for each State shall 
provide for the development and integrated manage-
ment and operation of transportation systems and 
facilities (including pedestrian walkways and bicycle 
transportation facilities) that will function as an 
intermodal transportation system for the State and
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an integral part of an intermodal transportation sys-
tem for the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing the statewide plan and the STIP shall 
provide for consideration of all modes of transpor-
tation and the policies stated in section 5201, 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 PLAN-
NING; STATE IMPLEMENTATION PLAN.—A State shall—
‘‘(1) coordinate planning carried out under this 
section with the transportation planning activities 
carried out under section 5203 of this title for met-
ropolitan areas of the State and with other related 
Statewide planning activities such as trade and eco-
nomic development and related multi-State planning 
efforts, 
‘‘(2) develop the transportation portion of the 
State implementation plan as required by the Clean 
Air Act (42 U.S.C. 7401 et seq.), and 
‘‘(3) participate in the integration of planning 
and environmental studies pursuant to section 
5203(n) of this chapter.
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‘‘(c) INTERSTATE AGREEMENTS.—The consent of 
Congress is granted to 2 or more States entering into 
agreements or compacts, not in conflict with any law of 
the United States, for cooperative efforts and mutual as-
sistance in support of activities authorized under this sec-
tion related to interstate areas and localities in the States 
and establishing authorities the States consider desirable 
for making the agreements and compacts effective. 
‘‘(d) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out 
a Statewide transportation planning process that 
provides for consideration of projects, strategies and 
implementing projects and services that will—
‘‘(A) support the economic vitality of the 
United States, the States, non-metropolitan 
areas, and metropolitan areas, especially by en-
abling global competitiveness, productivity, and 
efficiency; 
‘‘(B) increase the safety of the transpor-
tation system for motorized and non-motorized 
users; 
‘‘(C) increase the security of the transpor-
tation system for motorized and non-motorized 
users;
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‘‘(D) increase the accessibility and mobility 
of people and freight; 
‘‘(E) protect and enhance the environment, 
promote energy conservation, promote consist-
ency between transportation improvements and 
State and local planned growth and economic 
development patterns, and improve the quality 
of life; 
‘‘(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 ex-
isting transportation system. 
‘‘(2) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to consider any factor specified in paragraph 
(1) of this subsection shall not be reviewable by any 
court under title 23 or this title, subchapter II of 
chapter 5 of title 5, or chapter 7 of title 5 in any 
matter affecting a statewide transportation plan, the 
STIP, a project or strategy, or the certification of 
a planning process.
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‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out 
planning under this section, each State shall consider, at 
a minimum, 
‘‘(1) with respect to non-metropolitan 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 
STIP, and planning activities with related planning 
activities being carried out outside of metropolitan 
planning areas and between States. 
‘‘(f) STATEWIDE TRANSPORTATION PLAN.—
‘‘(1) DEVELOPMENT.—Each State shall develop 
a statewide transportation plan, with a minimum 
20-year forecast period, updated at least every five 
years, for all areas of the State, that provides for 
the development and implementation of the inter-
modal transportation system of the State. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—The state-
wide transportation plan shall be developed for 
each metropolitan area in the State in coopera-
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tion with the metropolitan planning organiza-
tion designated for the metropolitan area under 
section 5203. 
‘‘(B) NON-METROPOLITAN
AREAS.—With 
respect to non-metropolitan areas, the statewide 
transportation plan shall be developed in con-
sultation with affected non-metropolitan offi-
cials with responsibility for transportation. The 
Secretary shall not review or approve the con-
sultation 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 con-
sultation with the tribal government and the 
Secretary of the Interior. 
‘‘(3) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—In developing the statewide transportation 
plan, the State shall—
‘‘(A) provide citizens, affected public agen-
cies, representatives of public transportation 
employees, freight shippers, private providers of 
transportation, representatives of users of pub-
lic transportation, representatives of users of 
pedestrian walkways and bicycle transportation
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facilities, providers of freight transportation 
services, and other interested parties with a 
reasonable opportunity to comment on the pro-
posed plan; and 
‘‘(B) identify transportation strategies nec-
essary to efficiently serve the mobility needs of 
people. 
‘‘(4) FINANCIAL PLAN.—The statewide trans-
portation plan may include a financial plan that 
demonstrates how the adopted statewide transpor-
tation 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, addi-
tional projects that would be included in the adopted 
statewide transportation plan if reasonable addi-
tional resources beyond those identified in the finan-
cial plan were available. 
‘‘(5) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—A State shall not be required to se-
lect any project from the illustrative list of addi-
tional projects included in the financial plan de-
scribed in paragraph (4).
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‘‘(6) EXISTING SYSTEM.—The statewide trans-
portation 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 sys-
tem. 
‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT 
PROGRAM (STIP).—
‘‘(1) DEVELOPMENT.—Each State shall develop 
a statewide transportation improvement program for 
all areas of the State. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN
AREAS.—With re-
spect 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 sec-
tion 5203. 
‘‘(B) NON-METROPOLITAN
AREAS.—With 
respect to each non-metropolitan area in the 
State, the program shall be developed in con-
sultation with affected non-metropolitan local 
officials with responsibility for transportation. 
The Secretary shall not review or approve the 
specific consultation process in the State.
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‘‘(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 trib-
al government and the Secretary of the Interior. 
‘‘(3) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—In developing the program, the State shall 
provide citizens, affected public agencies, representa-
tives of public transportation employees, freight 
shippers, private providers of transportation, pro-
viders of freight transportation services, representa-
tives of users of public transit, representatives of 
users of pedestrian walkways and bicycle transpor-
tation facilities, and other interested parties with a 
reasonable opportunity to comment on the proposed 
program. 
‘‘(4) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation im-
provement program developed under this sub-
section for a state shall include federally sup-
ported 
surface 
transportation 
expenditures 
within the boundaries of the State. The pro-
gram shall cover a minimum of five years, iden-
tify projects by year, be fiscally constrained by 
year, and be updated at least every five years.
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An annual listing of projects for which funds 
have been obligated in the preceding five years 
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. Regionally significant projects 
proposed for funding under chapter 2 of title 
23 shall be identified individually in the trans-
portation improvement program. Other projects 
proposed for funding under chapter 2 of title 
23 that are not determined to be regionally sig-
nificant shall be grouped in 1 line item or iden-
tified individually. The listing shall be con-
sistent with the funding categories identified in 
the first five years of each metropolitan trans-
portation plan. 
‘‘(B) 
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 each year of
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the initial five years of an approved metro-
politan transportation plan; and 
‘‘(iii) in conformance with the applica-
ble State air quality implementation plan 
developed under the Clean Air Act (42 
U.S.C. 7401 et seq.), if the project is car-
ried out in an area designated as non-
attainment for ozone or carbon monoxide 
under that Act. 
‘‘(C) 
REQUIREMENT
OF
ANTICIPATED 
FULL
FUNDING.—The STIP 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 pe-
riod contemplated for completion of the project. 
‘‘(D) FINANCIAL PLAN.—The STIP may 
include a financial plan that demonstrates how 
the approved STIP can be implemented, indi-
cates resources from public and private sources 
that are reasonably expected to be made avail-
able to carry out the STIP, 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
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transportation plan if reasonable additional re-
sources beyond those identified in the financial 
plan were available. 
‘‘(E) SELECTION OF PROJECTS FROM IL-
LUSTRATIVE LIST.—
‘‘(i) NO REQUIRED SELECTION.—Not-
withstanding subparagraph (D), a State 
shall not be required to select any project 
from the illustrative list of additional 
projects included in the financial plan 
under subparagraph (D). 
‘‘(ii) REQUIRED ACTION BY THE SEC-
RETARY.—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 (D) for inclusion in 
an approved STIP. 
‘‘(F) PRIORITIES.—The STIP shall reflect 
the priorities for programming and expendi-
tures of funds, including transportation and 
transit enhancement activities, required by title 
23 and chapter 53 of this title, and transpor-
tation control measures included in the State’s 
air quality implementation plan.
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‘‘(5) PROJECT SELECTION FOR AREAS OF LESS 
THAN 50,000 POPULATION.—Projects carried out in 
areas with populations of less than 50,000 individ-
uals shall be selected, from the approved STIP (ex-
cluding projects carried out on the National High-
way System and projects carried out under the 
bridge program or the Interstate maintenance pro-
gram under title 23 or sections 5308, 5310, 5311, 
and 5317 of this title), by the State in cooperation 
with the affected non-metropolitan local officials 
with responsibility for transportation. Projects car-
ried out in areas with populations of less than 
50,000 individuals on the National Highway System 
or under the bridge program or the Interstate main-
tenance program under title 23 or under sections 
5308, 5310, 5311, and 5317 of this title shall be se-
lected, from the approved statewide transportation 
improvement program, by the State in consultation 
with the affected local officials with responsibility for 
transportation. 
‘‘(6) STIP 
APPROVAL.—A STIP developed 
under this subsection shall be reviewed and based on 
a current Planning Finding approved at least every 
five years by the Secretary.
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‘‘(7) PLANNING FINDING.—A finding shall be 
made by the Secretary at least every five years that 
the transportation planning process(es) through 
which statewide transportation plans and programs 
are developed are consistent with this section and 
section 5203. 
‘‘(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 STIP in place of 
another project in the program. 
‘‘(h) FUNDING.—Funds set aside pursuant to section 
104(i) of title 23 and 5305(h) of this title shall be avail-
able to carry out this section. 
‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON-
GESTION MANAGEMENT SYSTEMS.—For purposes of this 
section and section 5203 of this title, State laws, rules 
or regulations pertaining to congestion management sys-
tems or programs may constitute the congestion manage-
ment system under section 5203(h)(3) if the Secretary 
finds that the State laws, rules or regulations are con-
sistent with, and fulfill the intent of, the purposes of sec-
tion 5203, as appropriate. 
‘‘(j) CONTINUATION
OF CURRENT REVIEW PRAC-
TICE.—Since the statewide transportation plan and the
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STIP described in this section are subject to a reasonable 
opportunity for public comment, since individual projects 
included in the statewide transportation plans and the 
STIP are subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
since decisions by the Secretary concerning statewide 
transportation plans or the STIP described in this section 
have not been reviewed under such Act as of January 1, 
1997, any decision by the Secretary concerning a metro-
politan or statewide transportation plan or the STIP de-
scribed in this section shall not be considered to be a Fed-
eral action subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(k) INTEGRATION
OF PLANNING
AND ENVIRON-
MENTAL STUDIES.—Section 5203(n) of this chapter shall 
also apply to the planning process established under this 
section, except that the planning factors to be considered 
shall be those set forth in subsection (d) of this section.’’. 
(b) CONSISTENCY OF CONFORMITY TIMING WITH 
THE TRANSPORTATION PLAN.—Section 7506(c)(4) of title 
42, United States Code, is amended—
(1) in subparagraph (B)(ii) by striking ‘‘, but 
in no case shall such determinations for transpor-
tation plans and programs be less frequent than 
every three years’’, and inserting ‘‘but the frequency
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for making conformity determinations for transpor-
tation plans must be consistent with subparagraph 
(E)’’; and 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) The frequency for making conformity 
determinations on updated transportation plans 
shall be every five years, except when—
‘‘(i) the metropolitan planning organi-
zation chooses to update a transportation 
plan more frequently, or 
‘‘(ii) changes to the applicable imple-
mentation plan trigger a new conformity 
determination, as provided in regulations 
promulgated by the Administrator pursu-
ant to subparagraph (A) above.’’. 
(c) CONFORMING CLARIFICATION.—Upon date of en-
actment of this Act, the references to ‘‘program’’ and ‘‘im-
provement program’’ in section 7506 of title 42, United 
States Code, shall refer to the transportation plan devel-
oped pursuant to section 5203 of title 49, United States 
Code. 
(d) STREAMLINED STATE CONFORMITY RULE RE-
QUIREMENTS.—Section 7506(c)(4)(C) of title 42, United 
States Code, is amended to read as follows:
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‘‘(C) Such procedures shall also include a 
requirement that each State shall submit to the 
Administrator and the Secretary of Transpor-
tation, within 24 months of such date of enact-
ment, a revision to its implementation plan that 
includes criteria and procedures for consultation 
in accordance with the Administrator’s criteria 
and procedures for consultation required by 
subparagraph (B)(i) of this paragraph.’’. 
(e) CONFORMING AMENDMENTS.—
(1) The table of chapters for title 49, United 
States Code, is amended by inserting the following 
after the item relating to chapter 51:
‘‘52. Transportation Planning .................................................................. 5201’’.
(2) The chapter analysis for Subtitle III of title 
49, United States Code, is amended by inserting the 
following after the item relating to chapter 51:
‘‘52. Transportation Planning .................................................................. 5201’’.
SEC. 6002. INTERMODAL PASSENGER FACILITIES. 
(a) IN GENERAL.—Chapter 55 of title 49, United 
States Code, is amended by adding the following at the 
end:
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‘‘SUBCHAPTER III—INTERMODAL PASSENGER 
FACILITIES 
‘‘§ 5571. Policy and purposes 
‘‘(a) DEVELOPMENT AND ENHANCEMENT OF INTER-
MODAL PASSENGER FACILITIES.—It is in the economic in-
terest of the United States to improve the efficiency of 
public surface transportation modes by ensuring their con-
nection with and access to intermodal passenger terminals, 
thereby streamlining the transfer of passengers among 
modes, enhancing travel options, and increasing passenger 
transportation operating efficiencies. 
‘‘(b) GENERAL PURPOSES.—The purposes of this 
subchapter are to accelerate intermodal integration among 
North 
America’s 
passenger 
transportation 
modes 
through—
‘‘(1) assuring intercity public transportation ac-
cess to intermodal passenger facilities; 
‘‘(2) encouraging the development of an inte-
grated system of public transportation information; 
and 
‘‘(3) providing intercity bus intermodal pas-
senger facility grants. 
‘‘§ 5572. Definitions 
‘‘In this Subchapter—
‘‘(1) ‘capital project’ means a project for—
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‘‘(A) acquiring, constructing, improving, or 
renovating an intermodal facility that is related 
physically and functionally to intercity bus serv-
ice and establishes or enhances coordination be-
tween intercity bus service and transportation, 
including aviation, commuter rail, intercity rail, 
public transportation, seaports, and the Na-
tional Highway System, such as physical infra-
structure associated with private bus operations 
at existing and new intermodal facilities, includ-
ing special lanes, curb cuts, ticket kiosks and 
counters, baggage and package express storage, 
employee parking, office space, security, and 
signage; and 
‘‘(B) establishing or enhancing coordina-
tion between intercity bus service and transpor-
tation, including aviation, commuter rail, inter-
city rail, public transportation, and the Na-
tional Highway System through an integrated 
system of public transportation information. 
‘‘(2) ‘commuter service’ means service designed 
primarily to provide daily work trips within the local 
commuting area. 
‘‘(3) ‘intercity bus service’ means regularly 
scheduled bus service for the general public which
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operates with limited stops over fixed routes con-
necting two or more urban areas not in close prox-
imity, which has the capacity for transporting bag-
gage carried by passengers, and which makes mean-
ingful connections with scheduled intercity bus serv-
ice to more distant points, if such service is available 
and may include package express service, if inci-
dental to passenger transportation, but does not in-
clude air, commuter, water or rail service.
‘‘(4) ‘intermodal passenger facility’ means pas-
senger terminal that does, or can be modified to, ac-
commodate several modes of transportation and re-
lated facilities, including some or all of the following: 
intercity rail, intercity bus, commuter rail, intra-city 
rail transit and bus transportation, airport limousine 
service and airline ticket offices, rent-a-car facilities, 
taxis, private parking, and other transportation serv-
ices. 
‘‘(5) ‘local governmental authority’ includes—
‘‘(A) a political subdivision of a State; 
‘‘(B) an authority of at least one State or 
political subdivision of a State; 
‘‘(C) an Indian tribe; and 
‘‘(D) a public corporation, board, or com-
mission established under the laws of the State.
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‘‘(6) ‘owner or operator of a public transpor-
tation facility’ means an owner or operator of inter-
city-rail, intercity-bus, commuter-rail, commuter-bus, 
rail-transit, bus-transit, or ferry services. 
‘‘(7) ‘recipient’ means a State or local govern-
mental authority or a nonprofit organization that re-
ceives a grant to carry out this section directly from 
the Federal government. 
‘‘(8) ‘Secretary’ means the Secretary of Trans-
portation. 
‘‘(9) ‘state’ means a State of the United States, 
the District of Columbia, Puerto Rico, the Northern 
Mariana Islands, Guam, American Samoa, and the 
Virgin Islands. 
‘‘(10) ‘urban area’ means an area that includes 
a municipality or other built-up place that the Sec-
retary, after considering local patterns and trends of 
urban growth, decides is appropriate for a local pub-
lic transportation system to serve individuals in the 
locality. 
‘‘§ 5573. Assurance of access to intermodal passenger 
facilities 
‘‘Intercity buses and other modes of transportation 
shall, to the maximum extent practicable, have access to 
publicly funded intermodal passenger facilities including,
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but not limited to, those passenger facilities seeking fund-
ing under Section 5574. 
‘‘§ 5574. Intercity bus intermodal passenger facility 
grants 
‘‘(a) GENERAL
AUTHORITY.—The Secretary of 
Transportation may make grants under this section to re-
cipients in financing a capital project, as defined in section 
5572 of this chapter, only if the Secretary finds that the 
proposed project is justified and has adequate financial 
commitment. 
‘‘(b) COMPETITIVE GRANT SELECTION.—The Sec-
retary shall conduct a national solicitation for applications 
for grants under this section. Grantees shall be selected 
on a competitive basis. 
‘‘(c) SHARE OF NET PROJECT COSTS.—
‘‘(1) A grant shall not exceed 50 percent of the 
net project cost, as determined by the Secretary. 
‘‘(2) The portion of the net costs of an eligible 
project that is not funded under this section shall be 
from an undistributed cash surplus, a replacement 
or depreciation cash fund or reserve, or new capital 
and may include up to 30 percent from amounts ap-
propriated to or made available to a department or 
agency of the Federal government that are eligible 
to be expended for transportation.
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‘‘(d) REGULATIONS.—The Secretary may issue regu-
lations necessary to carry out this section. 
‘‘§ 5575. Funding 
‘‘(a) MASS TRANSIT ACCOUNT.—
‘‘(1) FUNDING.—To carry out this Subchapter, 
there is authorized to be appropriated for each of 
fiscal years 2005 through 2009 from the Mass Tran-
sit Account of the Highway Trust Fund the amounts 
made available under section 5338(a)(2)(O) of this 
title. 
‘‘(2) CONTRACTUAL OBLIGATIONS.—A grant 
approved by the Secretary of Transportation that is 
financed with amounts made available under sub-
section (a) of this section is a contractual obligation 
of the United States Government to pay the Govern-
ment’s share of the cost of the project. 
‘‘(b) HIGHWAY ACCOUNT.—
‘‘(1) There is authorized to be appropriated 
from the Highway Trust Fund (other than the Mass 
Transit Account) to carry out this subchapter 
$10,000,000 for each of fiscal years 2005 through 
2009. 
‘‘(2) The funding made available under para-
graph (1) of this subsection shall be available for ob-
ligation in the same manner as if such funds were
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apportioned under chapter 1 of title 23 and shall be 
subject to any obligation limitation imposed on 
funds for Federal-aid highways and highway safety 
construction programs. 
‘‘(c) PERIOD
OF AVAILABILITY.—Amounts made 
available by subsection (a) of this section shall remain 
available until expended.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for chapter 55 of title 49, United States Code, is 
amended by inserting the following at the end:
‘‘SUBCHAPTER III—INTERMODAL PASSENGER FACILITIES 
‘‘Sec. 
‘‘5571. Policy and Purposes. 
‘‘5572. Definitions. 
‘‘5573. Assurance of access to intermodal facilities. 
‘‘5574. Intercity bus intermodal facility grants. 
‘‘5575. Funding.’’.
TITLE VII—MISCELLANEOUS 
Subtitle A—Railroads 
SEC. 7101. RAIL CORRIDOR PLANNING. 
Section 26101(b)(1) of Title 49, United States Code, 
is amended in the first sentence thereof by adding ‘‘(1)’’ 
after the word ‘‘determines’’ and by adding ‘‘or (2) that 
it is necessary to help promote an effective and efficient 
system of conventional speed intercity rail passenger oper-
ations’’ after the word ‘‘improvements’’. 
SEC. 7102. HIGH SPEED RAIL AUTHORIZATIONS. 
Section 26104 of Title 49, United States Code, is re-
vised to read as follows:
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‘‘§ 26104. Authorization of appropriations 
‘‘(a) There are authorized to be appropriated to the 
Secretary $25,000,000 each year for fiscal years 2004 
through 2009 for carrying out section 26101 (including 
payment of administrative expenses related thereto).
‘‘(b) There are authorized to be appropriated to the 
Secretary $25,000,000 each year for fiscal years 2004 
through 2009 for carrying out section 26102 (including 
payment of administrative expenses related thereto).’’
‘‘(c) Funds made available under this section shall 
remain available until expended.’’. 
Subtitle B—Miscellaneous 
Technical Corrections to Title 49
SEC. 7201. CORRECTION OF OBSOLETE REFERENCES TO 
INTERSTATE COMMERCE COMMISSION. 
(a) Except as otherwise provided, a reference in this 
section to an amendment to, or a repeal of, a section or 
other provision is deemed to be a reference to a section 
or other provision of title 49, United States Code. 
(b)(1) Section 307 (Safety information and interven-
tion in Interstate Commerce Commission proceedings) is 
repealed. 
(2) The analysis of chapter 3 is amended by striking 
the item designated ‘‘307’’. 
(c) Subsections (d)(1)(C) and (e) of section 333 (Re-
sponsibility for rail transportation unification and coordi-
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nation projects) are amended by striking ‘‘Interstate Com-
merce Commission’’ and ‘‘Commission’’ each place the 
words appear and substituting ‘‘Surface Transportation 
Board’’ and ‘‘Board’’, respectively. 
(d) Section 10903(b)(2) is amended by striking 
‘‘24706(c) of this title’’ and substituting ‘‘24706(c) of this 
title before May 31, 1998’’. 
(e) Section 13541(a) is amended by striking ‘‘finds 
that’’ and all that follows, and substituting—
‘‘finds that the exemption is in the public interest and that 
the application of that provision—
‘‘(1) is not necessary to carry out the transpor-
tation policy of section 13101; and 
‘‘(2) is not needed to protect shippers from the 
abuse of market power or that the transaction or 
service is of limited scope.’’. 
(f)(1) Section 14704 (Rights and remedies of persons 
injured by carriers or brokers) is amended as follows: 
(A) In subsection (a)—
(i) strike ‘‘IN GENERAL.—’’ and all that 
follows through ‘‘injured’’ and substitute ‘‘EN-
FORCEMENT
OF ORDER.—A person injured’’; 
and 
(ii) redesignate paragraph (2) as sub-
section (b)(2); and