H. R. 3—412
area shall develop a TIP for the area for which the 
organization is designated. 
‘‘(B) OPPORTUNITY FOR COMMENT.—In developing the 
TIP, the metropolitan planning organization, in cooperation 
with the State and any affected public transportation oper-
ator, shall provide an opportunity for participation by 
interested parties in the development of the program, in 
accordance with subsection (i)(5). 
‘‘(C) FUNDING ESTIMATES.—For the purpose of devel-
oping the TIP, the metropolitan planning organization, 
public transportation agency, and State shall cooperatively 
develop estimates of funds that are reasonably expected 
to be available to support program implementation. 
‘‘(D) UPDATING
AND
APPROVAL.—The TIP shall be 
updated at least once every 4 years and shall be approved 
by the metropolitan planning organization and the Gov-
ernor. 
‘‘(2) CONTENTS.—
‘‘(A) PRIORITY LIST.—The TIP shall include a priority 
list of proposed federally supported projects and strategies 
to be carried out within each 4-year period after the initial 
adoption of the TIP. 
‘‘(B) FINANCIAL PLAN.—The TIP shall include a finan-
cial plan that—
‘‘(i) demonstrates how the TIP can be implemented; 
‘‘(ii) indicates resources from public and private 
sources that are reasonably expected to be available 
to carry out the program; 
‘‘(iii) identifies innovative financing techniques to 
finance projects, programs, and strategies; and 
‘‘(iv) may include, for illustrative purposes, addi-
tional projects that would be included in the approved 
TIP if reasonable additional resources beyond those 
identified in the financial plan were available. 
‘‘(C) DESCRIPTIONS.—Each project in the TIP shall 
include sufficient descriptive material (such as type of work, 
termini, length, and other similar factors) to identify the 
project or phase of the project. 
‘‘(3) INCLUDED PROJECTS.—
‘‘(A) PROJECTS UNDER THIS CHAPTER AND TITLE 23.—
A TIP developed under this subsection for a metropolitan 
area shall include the projects within the area that are 
proposed for funding under this chapter and chapter 1 
of title 23. 
‘‘(B) PROJECTS UNDER CHAPTER 2 OF TITLE 23.—
‘‘(i) REGIONALLY
SIGNIFICANT
PROJECTS.—Region-
ally significant projects proposed for funding under 
chapter 2 of title 23 shall be identified individually 
in the transportation improvement program. 
‘‘(ii) OTHER
PROJECTS.—Projects proposed for 
funding under chapter 2 of title 23 that are not deter-
mined to be regionally significant shall be grouped 
in one line item or identified individually in the 
transportation improvement program. 
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION 
PLAN.—Each project shall be consistent with the long-range
H. R. 3—413
transportation plan developed under subsection (i) for the 
area. 
‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
The program shall include a project, or an identified phase 
of a project, only if full funding can reasonably be antici-
pated to be available for the project within the time period 
contemplated for completion of the project. 
‘‘(4) NOTICE AND COMMENT.—Before approving a TIP, a 
metropolitan planning organization, in cooperation with the 
State and any affected public transportation operator, shall 
provide an opportunity for participation by interested parties 
in the development of the program, in accordance with sub-
section (i)(5). 
‘‘(5) SELECTION OF PROJECTS.—
‘‘(A) IN
GENERAL.—Except as otherwise provided in 
subsection (k)(4) and in addition to the TIP development 
required under paragraph (1), the selection of federally 
funded projects in metropolitan areas shall be carried out, 
from the approved TIP—
‘‘(i) by—
‘‘(I) in the case of projects under title 23, the 
State; and 
‘‘(II) in the case of projects under this chapter, 
the designated recipients of public transportation 
funding; and 
‘‘(ii) in cooperation with the metropolitan planning 
organization. 
‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwith-
standing any other provision of law, action by the Secretary 
shall not be required to advance a project included in 
the approved TIP in place of another project in the program. 
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
‘‘(A) NO REQUIRED SELECTION.—Notwithstanding para-
graph (2)(B)(iv), a State or metropolitan planning organiza-
tion shall not be required to select any project from the 
illustrative list of additional projects included in the finan-
cial 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 illus-
trative list of additional projects included in the financial 
plan under paragraph (2)(B)(iv) for inclusion in an approved 
TIP. 
‘‘(7) PUBLICATION.—
‘‘(A) PUBLICATION OF TIPS.—A TIP involving Federal 
participation shall be published or otherwise made readily 
available by the metropolitan planning organization for 
public review. 
‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.—
An annual listing of projects, including investments in 
pedestrian walkways and bicycle transportation facilities, 
for which Federal funds have been obligated in the pre-
ceding year shall be published or otherwise made available 
by the cooperative effort of the State, transit operator, 
and metropolitan planning organization for public review. 
The listing shall be consistent with the categories identified 
in the TIP.
H. R. 3—414
‘‘(C) RULEMAKING.—Not later than 180 days after the 
date of enactment of the Federal Public Transportation 
Act of 2005, the Secretary shall issue regulations setting 
standards for the listing required by subparagraph (B) 
and specifying the types of data to be included in such 
list, including sufficient information about each project to 
identify its type, location, and amount obligated. 
‘‘(k) TRANSPORTATION MANAGEMENT AREAS.—
‘‘(1) IDENTIFICATION AND DESIGNATION.—
‘‘(A) REQUIRED IDENTIFICATION.—The Secretary shall 
identify as a transportation management area each urban-
ized area (as defined by the Bureau of the Census) with 
a population of over 200,000 individuals. 
‘‘(B) DESIGNATIONS ON REQUEST.—The Secretary shall 
designate any additional area as a transportation manage-
ment area on the request of the Governor and the metro-
politan planning organization designated for the area. 
‘‘(2) TRANSPORTATION PLANS.—In a metropolitan planning 
area serving a transportation management area, transportation 
plans shall be based on a continuing and comprehensive 
transportation planning process carried out by the metropolitan 
planning organization in cooperation with the State and public 
transportation operators. 
‘‘(3) CONGESTION MANAGEMENT PROCESS.—Within a metro-
politan planning area serving a transportation management 
area, the transportation planning process under this section 
shall address congestion management through a process that 
provides for effective management and operation, based on 
a cooperatively developed and implemented metropolitan-wide 
strategy, of new and existing transportation facilities eligible 
for funding under this chapter and title 23 through the use 
of travel demand reduction and operational management strate-
gies. 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 transportation management area under title 23 
(excluding projects carried out on the National Highway 
System and projects carried out under the bridge program 
or the Interstate maintenance program) or under this 
chapter shall be selected for implementation from the 
approved TIP by the metropolitan planning organization 
designated for the area in consultation with the State 
and any affected public transportation operator. 
‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects 
carried out within the boundaries of a metropolitan plan-
ning area serving a transportation management area on 
the National Highway System and projects carried out 
within such boundaries under the bridge program or the 
Interstate maintenance program under title 23 shall be 
selected for implementation from the approved TIP by the 
State in cooperation with the metropolitan planning 
organization designated for the area. 
‘‘(5) CERTIFICATION.—
H. R. 3—415
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan planning process 
of a metropolitan planning organization serving a 
transportation management area is being carried out 
in accordance with applicable provisions of Federal 
law; and 
‘‘(ii) subject to subparagraph (B), certify, not less 
often than once every 4 years, that the requirements 
of this paragraph are met with respect to the metropoli-
tan planning process. 
‘‘(B) REQUIREMENTS
FOR
CERTIFICATION.—The Sec-
retary may make the certification under subparagraph (A) 
if—
‘‘(i) the transportation planning process complies 
with the requirements of this section and other 
applicable requirements of Federal law; and 
‘‘(ii) there is a TIP for the metropolitan planning 
area that has been approved by the metropolitan plan-
ning organization and the Governor. 
‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a metro-
politan planning process of a metropolitan planning 
organization serving a transportation management 
area is not certified, the Secretary may withhold up 
to 20 percent of the funds attributable to the metropoli-
tan planning area of the metropolitan planning 
organization for projects funded under this chapter 
and title 23. 
‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The with-
held funds shall be restored to the metropolitan plan-
ning area at such time as the metropolitan planning 
process is certified by the Secretary. 
‘‘(D) REVIEW
OF
CERTIFICATION.—In making certifi-
cation determinations under this paragraph, the Secretary 
shall provide for public involvement appropriate to the 
metropolitan area under review. 
‘‘(l) ABBREVIATED PLANS FOR CERTAIN AREAS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case 
of a metropolitan area not designated as a transportation 
management area under this section, the Secretary may provide 
for the development of an abbreviated transportation plan and 
TIP for the metropolitan planning area that the Secretary 
determines is appropriate to achieve the purposes of this sec-
tion, taking into account the complexity of transportation prob-
lems in the area. 
‘‘(2) NONATTAINMENT
AREAS.—The Secretary may not 
permit abbreviated plans or TIPs for a metropolitan area that 
is in nonattainment for ozone or carbon monoxide under the 
Clean Air Act. 
‘‘(m) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT 
AREAS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provisions 
of this chapter or title 23, for transportation management areas 
classified as nonattainment for ozone or carbon monoxide pursu-
ant to the Clean Air Act, Federal funds may not be advanced 
in such area for any highway project that will result in a 
significant increase in the carrying capacity for single-occupant
H. R. 3—416
vehicles unless the project is addressed through a congestion 
management process. 
‘‘(2) APPLICABILITY.—This subsection applies to a nonattain-
ment area within the metropolitan planning area boundaries 
determined under subsection (e). 
‘‘(n) LIMITATION
ON STATUTORY CONSTRUCTION.—Nothing in 
this section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible under this 
chapter or title 23. 
‘‘(o) FUNDING.—Funds set aside under section 5305(g) of this 
title or section 104(f) of title 23 shall be available to carry out 
this section. 
‘‘(p) CONTINUATION
OF
CURRENT
REVIEW
PRACTICE.—Since 
plans and TIPs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects included 
in plans and TIPs are subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 
decisions by the Secretary concerning plans and TIPs described 
in this section have not been reviewed under such Act as of January 
1, 1997, any decision by the Secretary concerning a plan or TIP 
described in this section shall not be considered to be a Federal 
action subject to review under such Act.’’. 
(b) SCHEDULE FOR IMPLEMENTATION.—The Secretary shall issue 
guidance on a schedule for implementation of the changes made 
by this section, taking into consideration the established planning 
update cycle for States and metropolitan planning organizations. 
The Secretary shall not require a State or metropolitan planning 
organization to deviate from its established planning update cycle 
to implement changes made by this section. Beginning July 1, 
2007, State or metropolitan planning organization plan or program 
updates shall reflect changes made by this section. 
(c) CHAPTER ANALYSIS.—The analysis for chapter 53 is amended 
by striking the item relating to section 5303 and inserting the 
following:
‘‘5303. Metropolitan transportation planning.’’.
SEC. 3006. STATEWIDE TRANSPORTATION PLANNING. 
(a) IN GENERAL.—Section 5304 is amended to read as follows: 
‘‘§ 5304. Statewide transportation planning 
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—To accom-
plish the objectives stated in section 5303(a), each State shall 
develop a statewide transportation plan and a statewide 
transportation improvement program for all areas of the State, 
subject to section 5303. 
‘‘(2) CONTENTS.—The statewide transportation plan and the 
transportation improvement program developed for each State 
shall provide for the development and integrated management 
and operation of transportation systems and facilities (including 
accessible pedestrian walkways and bicycle transportation 
facilities) that will function as an intermodal transportation 
system for the State and an integral part of an intermodal 
transportation system for the United States.
H. R. 3—417
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing 
the statewide plan and the transportation improvement pro-
gram shall provide for consideration of all modes of transpor-
tation and the policies stated in section 5303(a), and shall 
be continuing, cooperative, and comprehensive to the degree 
appropriate, based on the complexity of the transportation prob-
lems to be addressed. 
‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; STATE 
IMPLEMENTATION PLAN.—A State shall—
‘‘(1) coordinate planning carried out under this section with 
the transportation planning activities carried out under section 
5303 for metropolitan areas of the State and with statewide 
trade and economic development planning activities and related 
multistate planning efforts; and 
‘‘(2) develop the transportation portion of the State 
implementation plan as required by the Clean Air Act (42 
U.S.C. 7401 et seq.). 
‘‘(c) INTERSTATE AGREEMENTS.—
‘‘(1) IN GENERAL.—The consent of Congress is granted to 
2 or more States entering into agreements or compacts, not 
in conflict with any law of the United States, for cooperative 
efforts and mutual assistance in support of activities authorized 
under this section related to interstate areas and localities 
in the States and establishing authorities the States consider 
desirable for making the agreements and compacts effective. 
‘‘(2) RESERVATION OF RIGHTS.—The right to alter, amend, 
or repeal interstate compacts entered into under this subsection 
is expressly reserved. 
‘‘(d) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out a statewide 
transportation planning process that provides for consideration 
and implementation of projects, strategies, and services that 
will—
‘‘(A) support the economic vitality of the United States, 
the States, nonmetropolitan areas, and metropolitan areas, 
especially by enabling global competitiveness, productivity, 
and efficiency; 
‘‘(B) increase the safety of the transportation system 
for motorized and nonmotorized users; 
‘‘(C) increase the security of the transportation system 
for motorized and nonmotorized users; 
‘‘(D) increase the accessibility and mobility of people 
and freight; 
‘‘(E) protect and enhance the environment, promote 
energy conservation, improve the quality of life, and pro-
mote consistency between transportation improvements 
and State and local planned growth and economic develop-
ment patterns; 
‘‘(F) enhance the integration and connectivity of the 
transportation system, across and between modes through-
out the State, for people and freight; 
‘‘(G) promote efficient system management and oper-
ation; and 
‘‘(H) emphasize the preservation of the existing 
transportation system.
H. R. 3—418
‘‘(2) FAILURE TO CONSIDER FACTORS.—The failure to con-
sider any factor specified in paragraph (1) shall not be review-
able by any court under this chapter, title 23, subchapter 
II of chapter 5 of title 5, or chapter 7 of title 5 in any matter 
affecting a statewide transportation plan, the transportation 
improvement program, a project or strategy, or the certification 
of a planning process. 
‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out planning 
under this section, each State shall consider, at a minimum—
‘‘(1) with respect to nonmetropolitan areas, the concerns 
of affected local officials with responsibility for transportation; 
‘‘(2) the concerns of Indian tribal governments and Federal 
land management agencies that have jurisdiction over land 
within the boundaries of the State; and 
‘‘(3) coordination of transportation plans, the transportation 
improvement program, and planning activities with related 
planning activities being carried out outside of metropolitan 
planning areas and between States. 
‘‘(f) LONG-RANGE STATEWIDE TRANSPORTATION PLAN.—
‘‘(1) DEVELOPMENT.—Each State shall develop a long-range 
statewide transportation plan, with a minimum 20-year forecast 
period for all areas of the State, that provides for the develop-
ment and implementation of the intermodal transportation 
system of the State. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—The statewide transpor-
tation plan shall be developed for each metropolitan area 
in the State in cooperation with the metropolitan planning 
organization designated for the metropolitan area under 
section 5303. 
‘‘(B) NONMETROPOLITAN AREAS.—With respect to non-
metropolitan areas, the statewide transportation plan shall 
be developed in consultation with affected nonmetropolitan 
officials with responsibility for transportation. The Sec-
retary shall not review or approve the consultation process 
in each State. 
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area 
of the State under the jurisdiction of an Indian tribal 
government, the statewide transportation plan shall be 
developed in consultation with the tribal government and 
the Secretary of the Interior. 
‘‘(D) CONSULTATION, 
COMPARISON, 
AND
CONSIDER-
ATION.—
‘‘(i) IN GENERAL.—The long-range transportation 
plan shall be developed, as appropriate, in consultation 
with State, tribal, and local agencies responsible for 
land use management, natural resources, environ-
mental protection, conservation, and historic preserva-
tion. 
‘‘(ii) COMPARISON AND CONSIDERATION.—Consulta-
tion under clause (i) shall involve comparison of 
transportation plans to State and tribal conservation 
plans or maps, if available, and comparison of transpor-
tation plans to inventories of natural or historic 
resources, if available. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
H. R. 3—419
‘‘(A) 
IN
GENERAL.—In 
developing 
the 
statewide 
transportation plan, the State shall provide citizens, 
affected public agencies, representatives of public transpor-
tation employees, freight shippers, private providers of 
transportation, representatives of users of public transpor-
tation, representatives of users of pedestrian walkways 
and bicycle transportation facilities, representatives of the 
disabled, providers of freight transportation services, and 
other interested parties with a reasonable opportunity to 
comment on the proposed plan. 
‘‘(B) METHODS.—In carrying out subparagraph (A), the 
State shall, to the maximum extent practicable—
‘‘(i) hold any public meetings at convenient and 
accessible locations and times; 
‘‘(ii) employ visualization techniques to describe 
plans; and 
‘‘(iii) make public information available in elec-
tronically accessible format and means, such as the 
World Wide Web, as appropriate to afford reasonable 
opportunity for consideration of public information 
under subparagraph (A). 
‘‘(4) MITIGATION ACTIVITIES.—
‘‘(A) IN GENERAL.—A long-range transportation plan 
shall include a discussion of potential environmental miti-
gation activities and potential areas to carry out these 
activities, including activities that may have the greatest 
potential to restore and maintain the environmental func-
tions affected by the plan. 
‘‘(B) CONSULTATION.—The discussion shall be devel-
oped in consultation with Federal, State, and tribal wildlife, 
land management, and regulatory agencies. 
‘‘(5) FINANCIAL PLAN.—The statewide transportation plan 
may include a financial plan that demonstrates how the adopted 
statewide transportation plan can be implemented, indicates 
resources from public and private sources that are reasonably 
expected to be made available to carry out the plan, and rec-
ommends any additional financing strategies for needed projects 
and programs. The financial plan may include, for illustrative 
purposes, additional projects that would be included in the 
adopted statewide transportation plan if reasonable additional 
resources beyond those identified in the financial plan were 
available. 
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
A State shall not be required to select any project from the 
illustrative list of additional projects included in the financial 
plan described in paragraph (5). 
‘‘(7) EXISTING SYSTEM.—The statewide transportation plan 
should include capital, operations and management strategies, 
investments, procedures, and other measures to ensure the 
preservation and most efficient use of the existing transpor-
tation system. 
‘‘(8) 
PUBLICATION
OF
LONG-RANGE
TRANSPORTATION 
PLANS.—Each long-range transportation plan prepared by a 
State shall be published or otherwise made available, including 
(to the maximum extent practicable) in electronically accessible 
formats and means, such as the World Wide Web. 
‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM.—
H. R. 3—420
‘‘(1) DEVELOPMENT.—Each State shall develop a statewide 
transportation improvement program for all areas of the State. 
Such program shall cover a period of 4 years and be updated 
every 4 years or more frequently if the Governor elects to 
update more frequently. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN
AREAS.—With respect to each 
metropolitan area in the State, the program shall be devel-
oped in cooperation with the metropolitan planning 
organization designated for the metropolitan area under 
section 5303. 
‘‘(B) NONMETROPOLITAN AREAS.—With respect to each 
nonmetropolitan area in the State, the program shall be 
developed in consultation with affected nonmetropolitan 
local officials with responsibility for transportation. The 
Secretary shall not review or approve the specific consulta-
tion process in the State. 
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area 
of the State under the jurisdiction of an Indian tribal 
government, the program shall be developed in consultation 
with the tribal government and the Secretary of the 
Interior. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing 
the program, the State shall provide citizens, affected public 
agencies, representatives of public transportation employees, 
freight shippers, private providers of transportation, providers 
of freight transportation services, representatives of users of 
public transportation, representatives of users of pedestrian 
walkways and bicycle transportation facilities, representatives 
of the disabled, and other interested parties with a reasonable 
opportunity to comment on the proposed program. 
‘‘(4) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation improvement pro-
gram developed under this subsection for a State shall 
include federally supported surface transportation expendi-
tures within the boundaries of the State. 
‘‘(B) LISTING
OF
PROJECTS.—An annual listing of 
projects for which funds have been obligated in the pre-
ceding year in each metropolitan planning area shall be 
published or otherwise made available by the cooperative 
effort of the State, transit operator, and the metropolitan 
planning organization for public review. The listing shall 
be consistent with the funding categories identified in each 
metropolitan transportation improvement program. 
‘‘(C) PROJECTS UNDER CHAPTER 2 OF TITLE 23.—
‘‘(i) REGIONALLY
SIGNIFICANT
PROJECTS.—Region-
ally significant projects proposed for funding under 
chapter 2 of title 23 shall be identified individually 
in the transportation improvement program. 
‘‘(ii) OTHER
PROJECTS.—Projects proposed for 
funding under chapter 2 of title 23 that are not deter-
mined to be regionally significant shall be grouped 
in 1 line item or identified individually in the transpor-
tation improvement program. 
‘‘(D) CONSISTENCY
WITH
STATEWIDE
TRANSPORTATION 
PLAN.—Each project shall be—