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‘‘(4) TERMS OF APPOINTMENT.—(A) Except as 
provided in subparagraph (B), members shall be ap-
pointed to staggered terms not to exceed 3 years. A 
member may be renominated for one additional 3-
year term. 
‘‘(B) Members serving on the Advisory Council 
on Transportation Statistics as of the date of enact-
ment of the Transportation Equity Act: A Legacy 
for Users shall serve until the end of their appointed 
terms. 
‘‘(5) APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act shall apply to the Advisory Council established 
under this subsection, except that section 14 of such 
Act shall not apply to such Advisory Council.’’. 
SEC. 5502. REPORTS OF BUREAU OF TRANSPORTATION 
STATISTICS. 
Section 111(k) of title 49, United States Code, as 
amended by section 5501 of this Act, is amended by in-
serting after paragraph (1) the following: 
‘‘(2) COPIES OF REPORTS.—
‘‘(A) IN
GENERAL.—No department, bu-
reau, agency, officer, or employee of the United 
States (except the Director in carrying out this 
section) may require, for any reason, a copy of
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any report that has been filed under subsection 
(c) with the Bureau or retained by an indi-
vidual respondent. 
‘‘(B) LIMITATION
ON
JUDICIAL
PRO-
CEEDINGS.—A copy of a report described in 
subparagraph (A) that has been retained by an 
individual respondent or filed with the Bureau 
or any of its employees, contractors, or 
agents—
‘‘(i) shall be immune from legal proc-
ess; and 
‘‘(ii) shall not, without the consent of 
the individual concerned, be admitted as 
evidence or used for any purpose in any 
action, suit, or other judicial or adminis-
trative proceedings. 
‘‘(C) 
APPLICABILITY.—This 
paragraph 
shall apply only to reports that permit informa-
tion concerning an individual or organization to 
be reasonably determined by direct or indirect 
means.’’.
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Subtitle F—Intelligent 
Transportation Systems Research 
SEC. 5601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Intelligent Trans-
portation Systems Act of 2005’’. 
SEC. 5602. GOALS AND PURPOSES. 
(a) GOALS.—The goals of the intelligent transpor-
tation system program include—
(1) enhancement of surface transportation effi-
ciency and facilitation of intermodalism and inter-
national trade to enable existing facilities to meet a 
significant portion of future transportation needs, 
including public access to employment, goods, and 
services and to reduce regulatory, financial, and 
other transaction costs to public agencies and sys-
tem users; 
(2) achievement of national transportation safe-
ty goals, including the enhancement of safe oper-
ation of motor vehicles and nonmotorized vehicles as 
well as improved emergency response to a crash, 
with particular emphasis on decreasing the number 
and severity of collisions; 
(3) protection and enhancement of the natural 
environment and communities affected by surface 
transportation, with particular emphasis on assisting
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State and local governments to achieve national en-
vironmental goals; 
(4) accommodation of the needs of all users of 
surface transportation systems, including operators 
of commercial motor vehicles, passenger motor vehi-
cles, motorcycles, and bicycles and pedestrians, in-
cluding individuals with disabilities; and 
(5) improvement of the Nation’s ability to re-
spond to security-related or other manmade emer-
gencies and natural disasters and enhancement of 
national defense mobility. 
(b) PURPOSES.—The Secretary shall implement ac-
tivities under the intelligent system transportation pro-
gram to, at a minimum—
(1) expedite, in both metropolitan and rural 
areas, deployment and integration of intelligent 
transportation systems for consumers of passenger 
and freight transportation; 
(2) ensure that Federal, State, and local trans-
portation officials have adequate knowledge of intel-
ligent transportation systems for full consideration 
in the transportation planning process; 
(3) improve regional cooperation and operations 
planning for effective intelligent transportation sys-
tem deployment;
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(4) promote the innovative use of private re-
sources; 
(5) facilitate, in cooperation with the motor ve-
hicle industry, the introduction of a vehicle-based 
safety enhancing systems; 
(6) support the application of intelligent trans-
portation systems that increase the safety and effi-
ciency of commercial motor vehicle operations; 
(7) develop a workforce capable of developing, 
operating, and maintaining intelligent transportation 
systems; and 
(8) provide continuing support for operations 
and maintenance of intelligent transportation sys-
tems. 
SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS. 
(a) SCOPE.—Subject to the provisions of this subtitle, 
the Secretary shall conduct an ongoing intelligent trans-
portation system program to research, develop, and oper-
ationally test intelligent transportation systems and ad-
vance nationwide deployment of such systems as a compo-
nent of the surface transportation systems of the United 
States. 
(b) POLICY.—Intelligent transportation system re-
search projects and operational tests funded pursuant to 
this subtitle shall encourage and not displace public-pri-
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vate partnerships or private sector investment in such 
tests and projects. 
(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, 
AND EDUCATIONAL ENTITIES.—The Secretary shall carry 
out the intelligent transportation system program in co-
operation with State and local governments and other pub-
lic entities, the private sector of the United States, the 
Federal laboratories, and colleges and universities, includ-
ing historically Black colleges and universities and other 
minority institutions of higher education. 
(d) CONSULTATION WITH FEDERAL OFFICIALS.—In 
carrying out the intelligent transportation system pro-
gram, the Secretary shall consult with the heads of other 
Federal departments and agencies, as appropriate. 
(e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR-
MATION.—The Secretary may provide technical assistance, 
training, and information to State and local governments 
seeking to implement, operate, maintain, or evaluate intel-
ligent transportation system technologies and services. 
(f) TRANSPORTATION PLANNING.—The Secretary 
may provide funding to support adequate consideration of 
transportation systems management and operations, in-
cluding intelligent transportation systems, within metro-
politan and statewide transportation planning processes. 
(g) INFORMATION CLEARINGHOUSE.—
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(1) IN GENERAL.—The Secretary shall—
(A) maintain a repository for technical and 
safety data collected as a result of federally 
sponsored projects carried out under this sub-
title (including the amendments made by this 
subtitle); and 
(B) make, on request, that information 
(except for proprietary information and data) 
readily available to all users of the repository at 
an appropriate cost. 
(2) AGREEMENT.—
(A) IN
GENERAL.—The Secretary may 
enter into an agreement with a third party for 
the maintenance of the repository for technical 
and safety data under paragraph (1)(A). 
(B) FEDERAL FINANCIAL ASSISTANCE.—If 
the Secretary enters into an agreement with an 
entity for the maintenance of the repository, the 
entity shall be eligible for Federal financial as-
sistance under this section. 
(3) AVAILABILITY OF INFORMATION.—Informa-
tion in the repository shall not be subject to section 
555 of title 5, United States Code. 
(h) ADVISORY COMMITTEE.—
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(1) IN GENERAL.—The Secretary shall establish 
an Advisory Committee to advise the Secretary on 
carrying out this subtitle. 
(2) MEMBERSHIP.—The Advisory Committee 
shall have no more than 20 members, be balanced 
between metropolitan and rural interests, and in-
clude, at a minimum—
(A) a representative from a State highway 
department; 
(B) a representative from a local highway 
department who is not from a metropolitan 
planning organization; 
(C) a representative from a State, local, or 
regional transit agency; 
(D) a representative from a metropolitan 
planning organization; 
(E) a private sector user of intelligent 
transportation system technologies; 
(F) an academic researcher with expertise 
in computer science or another information 
science field related to intelligent transportation 
systems, and who is not an expert on transpor-
tation issues; 
(G) an academic researcher who is a civil 
engineer;
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(H) an academic researcher who is a social 
scientist with expertise in transportation issues; 
(I) a representative from a not-for-profit 
group representing the intelligent transpor-
tation system industry; 
(J) a representative from a public interest 
group concerned with safety; 
(K) a representative from a public interest 
group concerned with the impact of the trans-
portation system on land use and residential 
patterns; and 
(L) members with expertise in planning, 
safety, and operations. 
(3) DUTIES.—The Advisory Committee shall, at 
a minimum, perform the following duties: 
(A) Provide input into the development of 
the Intelligent Transportation System aspects 
of the strategic plan under section 508 of title 
23, United States Code. 
(B) Review, at least annually, areas of in-
telligent transportation systems research being 
considered for funding by the Department, to 
determine—
(i) whether these activities are likely 
to advance either the state-of-the-practice
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or state-of-the-art in intelligent transpor-
tation systems; 
(ii) whether the intelligent transpor-
tation system technologies are likely to be 
deployed by users, and, if not, to determine 
the barriers to deployment; and 
(iii) the appropriate roles for govern-
ment and the private sector in investing in 
the research and technologies being consid-
ered. 
(4) REPORT.—Not later than February 1 of 
each year after the date of enactment of this Act, 
the Secretary shall transmit to the Congress, a re-
port including—
(A) all recommendations made by the Ad-
visory Committee during the preceding calendar 
year; 
(B) an explanation of how the Secretary 
has implemented those recommendations; and 
(C) for recommendations not implemented, 
the reasons for rejecting the recommendations. 
(5) APPLICABILITY
OF
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Advisory Committee shall be 
subject to the Federal Advisory Committee Act (5 
U.S.C. App.).
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(i) REPORTING.—
(1) GUIDELINES AND REQUIREMENTS.—
(A) IN
GENERAL.—The Secretary shall 
issue guidelines and requirements for the re-
porting and evaluation of operational tests and 
deployment projects carried out under this sub-
title. 
(B) OBJECTIVITY AND INDEPENDENCE.—
The guidelines and requirements issued under 
subparagraph (A) shall include provisions to en-
sure the objectivity and independence of the re-
porting entity so as to avoid any real or appar-
ent conflict of interest or potential influence on 
the outcome by parties to any such test or de-
ployment project or by any other formal evalua-
tion carried out under this subtitle. 
(C) FUNDING.—The guidelines and re-
quirements issued under subparagraph (A) shall 
establish reporting funding levels based on the 
size and scope of each test or project that en-
sure adequate reporting of the results of the 
test or project. 
(2) SPECIAL RULE.—Any survey, questionnaire, 
or interview that the Secretary considers necessary 
to carry out the reporting of any test, deployment
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project, or program assessment activity under this 
subtitle shall not be subject to chapter 35 of title 44. 
SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS. 
(a) IN GENERAL.—
(1) DEVELOPMENT, 
IMPLEMENTATION, 
AND 
MAINTENANCE.—Consistent with section 12(d) of 
the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), 
the Secretary shall develop, implement, and maintain 
a national architecture and supporting standards 
and protocols to promote the widespread use and 
evaluation of intelligent transportation system tech-
nology as a component of the surface transportation 
systems of the United States. 
(2) INTEROPERABILITY AND EFFICIENCY.—To 
the maximum extent practicable, the national archi-
tecture shall promote interoperability among, and ef-
ficiency of, intelligent transportation system tech-
nologies implemented throughout the United States. 
(3) USE OF STANDARDS DEVELOPMENT ORGA-
NIZATIONS.—In carrying out this section, the Sec-
retary shall use the services of such standards devel-
opment organizations as the Secretary determines to 
be appropriate. 
(4) USE OF EXPERT PANEL.—
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(A) DESIGNATION.—The Secretary shall 
designate a panel of experts to recommend ways 
to expedite and streamline the process for de-
veloping the standards and protocols to be de-
veloped pursuant to paragraph (1). 
(B) NONAPPLICABILITY OF ADVISORY COM-
MITTEE ACT.—The expert panel shall not be 
subject to the Federal Advisory Committee Act 
(5 U.S.C. App.). 
(C) DEADLINE FOR RECOMMENDATION.—
No later than September 30, 2006, the expert 
panel shall provide the Secretary with a rec-
ommendation relating to such standards devel-
opment. 
(b) PROVISIONAL STANDARDS.—
(1) IN GENERAL.—If the Secretary finds that 
the development or balloting of an intelligent trans-
portation system standard jeopardizes the timely 
achievement of the objectives identified in subsection 
(a), the Secretary may establish a provisional stand-
ard, after consultation with affected parties, using, 
to the extent practicable, the work product of appro-
priate standards development organizations. 
(2) PERIOD OF EFFECTIVENESS.—A provisional 
standard established under paragraph (1) shall be
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published in the Federal Register and remain in ef-
fect until the appropriate standards development or-
ganization adopts and publishes a standard. 
(c) CONFORMITY
WITH
NATIONAL
ARCHITEC-
TURE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall ensure that 
intelligent transportation system projects carried out 
using funds made available from the Highway Trust 
Fund, including funds made available under this 
subtitle to deploy intelligent transportation system 
technologies, conform to the national architecture, 
applicable standards or provisional standards, and 
protocols developed under subsection (a). 
(2) SECRETARY’S DISCRETION.—The Secretary 
may authorize exceptions to paragraph (1) for—
(A) projects designed to achieve specific re-
search objectives outlined in the national intel-
ligent transportation system program plan or 
the surface transportation research and devel-
opment strategic plan developed under section 
508 of title 23, United States Code; or 
(B) the upgrade or expansion of an intel-
ligent transportation system in existence on the
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date of enactment of this Act if the Secretary 
determines that the upgrade or expansion—
(i) would not adversely affect the 
goals or purposes of this subtitle; 
(ii) is carried out before the end of 
the useful life of such system; and 
(iii) is cost-effective as compared to 
alternatives that would meet the con-
formity requirement of paragraph (1). 
(3) EXCEPTIONS.—Paragraph (1) shall not 
apply to funds used for operation or maintenance of 
an intelligent transportation system in existence on 
the date of enactment of this Act. 
SEC. 5605. RESEARCH AND DEVELOPMENT. 
(a) IN GENERAL.—The Secretary shall carry out a 
comprehensive program of intelligent transportation sys-
tem research, development, and operational tests of intel-
ligent vehicles and intelligent infrastructure systems and 
other similar activities that are necessary to carry out this 
subtitle. 
(b) PRIORITY AREAS.—Under the program, the Sec-
retary shall give higher priority to funding projects that—
(1) enhance mobility and productivity through 
improved traffic management, incident management, 
transit management, freight management, road
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weather management, toll collection, traveler infor-
mation, or highway operations systems and remote 
sensing products; 
(2) utilize interdisciplinary approaches to de-
velop traffic management strategies and tools to ad-
dress multiple impacts of congestion concurrently; 
(3) enhance safety through improved crash 
avoidance and protection, crash and other notifica-
tion, commercial motor vehicle operations, and infra-
structure-based or cooperative safety systems; and 
(4) facilitate the integration of intelligent infra-
structure, vehicle, and control technologies. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of operational tests and demonstrations under subsection 
(a) shall not exceed 80 percent. 
SEC. 5606. INFRASTRUCTURE DEVELOPMENT. 
Funds made available to carry out this subtitle for 
operational tests—
(1) shall be used primarily for the development 
of intelligent transportation system infrastructure; 
and 
(2) to the maximum extent practicable, shall 
not be used for the construction of physical highway 
and public transportation infrastructure unless the 
construction is incidental and critically necessary to
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the implementation of an intelligent transportation 
system project. 
SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT 
PROGRAM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a road weather research and development program to—
(1) maximize use of available road weather in-
formation and technologies; 
(2) expand road weather research and develop-
ment efforts to enhance roadway safety, capacity, 
and efficiency while minimizing environmental im-
pacts; and 
(3) promote technology transfer of effective 
road weather scientific and technological advances. 
(b) STAKEHOLDER INPUT.—In carrying out this sec-
tion, the Secretary shall consult with the National Oceanic 
and Atmospheric Administration, the National Science 
Foundation, the American Association of State Highway 
and Transportation Officials, nonprofit organizations, and 
the private sector. 
(c) CONTENTS.—The program established under this 
section shall solely carry out research and development 
called for in the National Research Council’s report enti-
tled ‘‘A Research Agenda for Improving Road Weather 
Services’’. Such research and development includes—
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(1) integrating existing observational networks 
and data management systems for road weather ap-
plications; 
(2) improving weather modeling capabilities and 
forecast tools, such as the road surface and atmos-
pheric interface; 
(3) enhancing mechanisms for communicating 
road weather information to users, such as transpor-
tation officials and the public; and 
(4) integrating road weather technologies into 
an information infrastructure. 
(d) ACTIVITIES.—In carrying out this section, the 
Secretary shall—
(1) enable efficient technology transfer; 
(2) improve education and training of road 
weather information users, such as State and local 
transportation officials and private sector transpor-
tation contractors; and 
(3) coordinate with transportation weather re-
search programs in other modes, such as aviation. 
(e) FUNDING.—
(1) IN
GENERAL.—In awarding funds under 
this section, the Secretary shall give preference to 
applications with significant matching funds from 
non-Federal sources.
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(2) FUNDS
FOR
ROAD
WEATHER
RESEARCH 
AND DEVELOPMENT.—Of the amounts made avail-
able by section 5101(a)(5), $4,000,000 shall be 
available to carry out this section for each of fiscal 
years 2004 through 2009. 
SEC. 5608. DEFINITIONS. 
In this subtitle, the following definitions apply: 
(1) INCIDENT.—The term ‘‘incident’’ means a 
crash, a natural disaster, workzone activity, special 
event, or other emergency road user occurrence that 
adversely affects or impedes the normal flow of traf-
fic. 
(2) INTELLIGENT
TRANSPORTATION
INFRA-
STRUCTURE.—The term ‘‘intelligent transportation 
infrastructure’’ means fully integrated public sector 
intelligent transportation system components, as de-
fined by the Secretary. 
(3) INTELLIGENT TRANSPORTATION SYSTEM.—
The term ‘‘intelligent transportation system’’ means 
electronics, communications, or information proc-
essing used singly or in combination to improve the 
efficiency or safety of a surface transportation sys-
tem.
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(4) NATIONAL ARCHITECTURE.—The term ‘‘na-
tional architecture’’ means the common framework 
for interoperability that defines—
(A) the functions associated with intel-
ligent transportation system user services; 
(B) the physical entities or subsystems 
within which the functions reside; 
(C) the data interfaces and information 
flows between physical subsystems; and 
(D) the communications requirements as-
sociated with the information flows. 
(5) PROJECT.—The term ‘‘project’’ means a 
undertaking to research, develop, or operationally 
test intelligent transportation systems or any other 
undertaking eligible for assistance under this sub-
title. 
(6) STANDARD.—The term ‘‘standard’’ means a 
document that—
(A) contains technical specifications or 
other precise criteria for intelligent transpor-
tation systems that are to be used consistently 
as rules, guidelines, or definitions of character-
istics so as to ensure that materials, products, 
processes, and services are fit for their pur-
poses; and
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(B) may support the national architecture 
and promote—
(i) the widespread use and adoption of 
intelligent 
transportation 
system 
tech-
nology as a component of the surface 
transportation systems of the United 
States; and 
(ii) interoperability among intelligent 
transportation system technologies imple-
mented throughout the States. 
(7) STATE.—The term ‘‘State’’ has the mean-
ing given the term under section 101 of title 23, 
United States Code. 
(8) TRANSPORTATION SYSTEMS MANAGEMENT 
AND OPERATIONS.—The term ‘‘transportation sys-
tems management and operations’’ has the meaning 
given the term under section 101(a) of such title. 
SEC. 5609. RURAL INTERSTATE CORRIDOR COMMUNICA-
TIONS STUDY. 
(a) STUDY.—The Secretary, in cooperation with the 
Secretary of Commerce, State departments of transpor-
tation, and other appropriate State, regional, and local of-
ficials, shall conduct a study on feasibility of installing 
fiber optic cabling and wireless communication infrastruc-
ture along multistate Interstate System route corridors for
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improved communications services to rural communities 
along such corridors. 
(b) CONTENTS OF STUDY.—In conducting the study, 
the Secretary shall identify—
(1) impediments to installation of the infra-
structure 
described 
in 
subsection 
(a) 
along 
multistate Interstate System route corridors and to 
connecting such infrastructure to the rural commu-
nities along such corridors; 
(2) the effective geographic range of such infra-
structure; 
(3) potential opportunities for the private sector 
to fund, wholly or partially, the installation of such 
infrastructure; 
(4) potential benefits fiber optic cabling and 
wireless communication infrastructure may provide 
to rural communities along such corridors, including 
the effects of the installation of such infrastructure 
on economic development, deployment of intelligent 
transportation systems technologies and applica-
tions, homeland security precaution and response, 
and education and health systems in those commu-
nities; 
(5) rural broadband access points for such in-
frastructure;
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HR 3 PCS 
(6) areas of environmental conflict with such in-
stallation; 
(7) real estate ownership issues relating to such 
installation; 
(8) preliminary design for placement of fiber 
optic cable and wireless towers; 
(9) monetary value of the rights-of-way nec-
essary for such installation; 
(10) applicability and transferability of the ben-
efits of such installation to other rural corridors; and 
(11) safety and other operational issues associ-
ated with the installation and maintenance of fiber 
optic cabling and wire infrastructure within Inter-
state System rights-of-way and other publicly owned 
rights-of-way. 
(c) CORRIDOR
LOCATIONS.—The study required 
under subsection (a) shall be conducted for corridors 
along—
(1) Interstate Route I–90 through rural Wis-
consin, southern Minnesota, northern Iowa, and 
South Dakota; 
(2) Interstate Route I–20 through Alabama, 
Mississippi, and northern Louisiana; 
(3) Interstate Route I–91 through Vermont, 
New Hampshire, and Massachusetts; and
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(4) any other rural corridor the Secretary con-
siders appropriate. 
(d) FEDERAL SHARE.—The Federal share of the cost 
of the study shall be 100 percent. 
(e) REPORT TO CONGRESS.—Not later than Sep-
tember 30, 2006, the Secretary shall transmit to Congress 
a report on the results of the study, including any rec-
ommendations of the Secretary. 
(f) FUNDING.—Of the amounts made available under 
section 5101(a)(5), $1,000,000 shall be available for fiscal 
year 2005, and $2,000,000 for fiscal year 2006, to carry 
out this section. 
SEC. 5610. CENTERS FOR SURFACE TRANSPORTATION EX-
CELLENCE. 
(a) ESTABLISHMENT.—The Secretary shall establish 
3 centers for surface transportation excellence. 
(b) GOALS.—The goals of the centers for surface 
transportation excellence are to promote and support stra-
tegic national surface transportation programs and activi-
ties relating to the work of State departments of transpor-
tation in the areas of environment, rural safety, and 
project finance. 
(c) ROLE OF CENTERS.—To achieve the goals set 
forth in subsection (b), the Secretary shall establish the 
3 centers as follows:
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(1) ENVIRONMENTAL
EXCELLENCE.—To pro-
vide technical assistance, information sharing of best 
practices, and training in the use of tools and deci-
sion-making processes that can assist States in plan-
ning and delivering environmentally sound surface 
transportation projects. 
(2) RURAL
SAFETY.—To provide research, 
training, and outreach on innovative uses of tech-
nology to enhance rural safety and economic devel-
opment, assess local community needs to improve ac-
cess to mobile emergency treatment, and develop on-
line and seminar training needs of rural transpor-
tation practitioners and policy-makers. 
(3) PROJECT FINANCE.—To provide support to 
State transportation departments in the development 
of finance plans and project oversight tools and to 
develop and offer training in state of the art financ-
ing methods to advance projects and leverage funds. 
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—Of the amounts made avail-
able under section 5101(a)(1), the Secretary shall 
make available $2,000,000 for each of fiscal years 
2004 through 2009 to carry out this section.
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(2) ALLOCATION
OF
FUNDS.—Of the funds 
made available under paragraph (1) the Secretary 
shall use such amounts as follows: 
(A) 40 percent to establish the Center for 
Environmental Excellence. 
(B) 30 percent to establish the Center for 
Excellence in Rural Safety. 
(C) 30 percent to establish the Center for 
Excellence in Project Finance. 
(3) APPLICABILITY OF TITLE 23.—Funds au-
thorized by this section shall be available for obliga-
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States 
Code, except that the Federal share shall be 100 
percent. 
(e) PROGRAM ADMINISTRATION.—
(1) COMPETITION.—A party entering into a 
contract, cooperative agreement, or other transaction 
with the Secretary, or receiving a grant to perform 
research or provide technical assistance under this 
section shall be selected on a competitive basis, to 
the maximum extent practicable. 
(2) STRATEGIC PLAN.—The Secretary shall re-
quire each center to develop a multiyear strategic 
plan that describes—
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(A) the activities to be undertaken; and 
(B) how the work of the center is coordi-
nated with the activities of the Federal High-
way Administration and the various other re-
search, development, and technology transfer 
activities authorized by this title. Such plans 
shall be submitted to the Secretary by January 
1, 2006, and each year thereafter. 
SEC. 5611. REPEAL. 
Subtitle C of title V of The Transportation Equity 
Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 
452–463) is repealed. 
SEC. 5612. SPECIAL RULE FOR FISCAL YEAR 2004. 
In any case in which an amount is authorized to be 
appropriated, made available, allocated, set aside, taken 
down, or subject to an obligation limitation for fiscal year 
2004 for a program, project, or activity in any provision 
of this title, including an amendment made by this title, 
that is different than the amount authorized to be appro-
priated, made available, allocated, set aside, taken down, 
or subject to an obligation limitation for fiscal year 2004 
for such program, project, or activity in any provision of 
the Surface Transportation Extension Act of 2004, Part 
V (Public Law 108–310), including any amendment made 
by such Act, the amount referred to in such Act shall be
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the amount authorized to be appropriated, made available, 
allocated, set aside, taken down, or subject to an obliga-
tion limitation. 
TITLE 
VI—TRANSPORTATION 
PLANNING AND PROJECT DE-
LIVERY 
SEC. 6001. TRANSPORTATION PLANNING. 
(a) IN GENERAL.—Subtitle III of title 49, United 
States Code, is amended by inserting after chapter 51 the 
following: 
‘‘CHAPTER 52—TRANSPORTATION 
PLANNING AND PROJECT DELIVERY
‘‘SUBCHAPTER A—GENERAL PROVISIONS 
‘‘Sec. 
‘‘5201. Definitions. 
‘‘SUBCHAPTER B—TRANSPORTATION PLANNING AND PROJECT DELIVERY 
‘‘5211. Policy. 
‘‘5212. Definitions. 
‘‘5213. Metropolitan transportation planning. 
‘‘5214. Statewide transportation planning. 
‘‘SUBCHAPTER C—EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
DECISIONMAKING 
‘‘5251. Definitions and applicability. 
‘‘5252. Project development procedures.
‘‘SUBCHAPTER A—GENERAL PROVISIONS 
‘‘§ 5201. Definitions 
‘‘In this chapter, the following definitions apply: 
‘‘(1) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Transportation.
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‘‘(2) STATE.—The term ‘State’ means a State 
of the United States, the District of Columbia, and 
Puerto Rico. 
‘‘SUBCHAPTER B—TRANSPORTATION 
PLANNING AND PROJECT DELIVERY 
‘‘§ 5211. Policy 
‘‘(a) IN GENERAL.—It is in the national interest to—
‘‘(1) encourage and promote the safe and effi-
cient management, operation, and development of 
surface transportation systems that will serve the 
mobility needs of people and freight and foster eco-
nomic growth and development within and between 
States and urbanized areas, while minimizing trans-
portation-related fuel consumption and air pollution 
through metropolitan and statewide transportation 
planning processes identified in this chapter; and 
‘‘(2) encourage the continued improvement and 
evolution of the metropolitan and statewide trans-
portation planning processes by metropolitan plan-
ning organizations, State departments of transpor-
tation, and public transit operators as guided by the 
planning factors identified in sections 5213(f) and 
5214(d). 
‘‘(b) COMMON TRANSPORTATION PLANNING PRO-
GRAM.—This subchapter provides a common transpor-
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tation planning program to be administered by the Fed-
eral Highway Administration and the Federal Transit Ad-
ministration. 
‘‘§ 5212. Definitions 
‘‘(a) APPLICABILITY BY REFERENCE.—Unless other-
wise specified in subsection (b), the definitions in section 
101(a) of title 23 and section 5302 are applicable to this 
subchapter. 
‘‘(b) ADDITIONAL DEFINITIONS.—In this subchapter, 
the following definitions apply: 
‘‘(1) METROPOLITAN
PLANNING
AREA.—The 
term ‘metropolitan planning area’ means the geo-
graphic area determined by agreement between the 
metropolitan planning organization for the area and 
the Governor under section 5213(c). 
‘‘(2) METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ means the policy board of an organization cre-
ated as a result of the designation process in section 
5213(b). 
‘‘(3) NONMETROPOLITAN
AREA.—The term 
‘nonmetropolitan area’ means a geographic area out-
side designated metropolitan planning areas. 
‘‘(4) NONMETROPOLITAN
LOCAL
OFFICIAL.—
The term ‘nonmetropolitan local official’ means
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elected and appointed officials of general purpose 
local government in a nonmetropolitan area with re-
sponsibility for transportation. 
‘‘(5) TIP.—The term ‘TIP’ means a transpor-
tation improvement program developed by a metro-
politan planning organization under section 5213. 
‘‘(6) URBANIZED AREA.—The term ‘urbanized 
area’ means a geographic area with a population of 
50,000 or more, as designated by the Bureau of the 
Census. 
‘‘§ 5213. Metropolitan transportation planning 
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT
OF
LONG-RANGE
PLANS 
AND TIPS.—To accomplish the objectives in section 
5211, metropolitan planning organizations des-
ignated under subsection (b), in cooperation with the 
State and public transportation operators, shall de-
velop long-range transportation plans and transpor-
tation improvement programs for metropolitan plan-
ning areas of the State. 
‘‘(2) CONTENTS.—The plans and TIPs for each 
metropolitan area shall provide for the development 
and integrated management and operation of trans-
portation systems and facilities (including accessible 
pedestrian walkways and bicycle transportation fa-
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cilities) that will function as an intermodal transpor-
tation system for the metropolitan planning area 
and as an integral part of an intermodal transpor-
tation system for the State and the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing the plans and TIPs 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.—To carry out the transpor-
tation planning process required by this section, a 
metropolitan planning organization shall be des-
ignated 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 largest 
incorporated city (based on population) as 
named by the Bureau of the Census); or 
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law.
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‘‘(2) STRUCTURE.—Each 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 ad-
minister or operate major modes of transpor-
tation in the metropolitan area; and 
‘‘(C) appropriate State officials. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
to interfere with the authority, under any State law 
in effect on December 18, 1991, of a public agency 
with multimodal transportation responsibilities to—
‘‘(A) develop the plans and TIPs for adop-
tion by a metropolitan planning organization; 
and 
‘‘(B) develop long-range capital plans, co-
ordinate transit services and projects, and carry 
out other activities pursuant to State law. 
‘‘(4) CONTINUING
DESIGNATION.—A designa-
tion of a metropolitan planning organization under 
this subsection or any other provision of law shall
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remain in effect until the metropolitan planning or-
ganization is redesignated under paragraph (5). 
‘‘(5) REDESIGNATION PROCEDURES.—A metro-
politan planning organization may be redesignated 
by agreement between the Governor and units of 
general purpose local government that together rep-
resent at least 75 percent of the existing planning 
area population (including the largest incorporated 
city (based on population) as named by the Bureau 
of the Census) as appropriate to carry out this sec-
tion. 
‘‘(6) DESIGNATION OF MORE THAN 1 METRO-
POLITAN PLANNING ORGANIZATION.—More than 1 
metropolitan planning organization may be des-
ignated within an existing metropolitan planning 
area only if the Governor and the existing metropoli-
tan 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
BOUND-
ARIES.—
‘‘(1) IN GENERAL.—For the purposes of this 
section, the boundaries of a metropolitan planning 
area shall be determined by agreement between the
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metropolitan planning organization and the Gov-
ernor. 
‘‘(2) INCLUDED
AREA.—Each metropolitan 
planning area—
‘‘(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 Bureau of the 
Census. 
‘‘(3) IDENTIFICATION
OF
NEW
URBANIZED 
AREAS 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.) as of the date of enactment of this para-
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graph, the boundaries of the metropolitan planning 
area in existence as of such date of enactment shall 
be retained; except that the boundaries may be ad-
justed by agreement of the Governor and affected 
metropolitan planning organizations in the manner 
described in subsection (b)(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 as 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 (2)(A); 
‘‘(C) may encompass the areas described in 
paragraph (2)(B); and 
‘‘(D) may address any nonattainment area 
identified under the Clean Air Act for ozone or 
carbon monoxide. 
‘‘(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-
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priate metropolitan planning organizations to pro-
vide coordinated transportation planning for the en-
tire metropolitan area. 
‘‘(e) MPO CONSULTATION IN PLAN AND TIP CO-
ORDINATION.—
‘‘(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 and TIPs required by this section. 
‘‘(2) TRANSPORTATION
IMPROVEMENTS
LO-
CATED IN MULTIPLE MPOS.—If a transportation im-
provement funded from the Highway Trust Fund or 
authorized under chapter 53 is located within the 
boundaries of more than 1 metropolitan planning 
area, the metropolitan planning organizations shall 
coordinate plans and TIPs regarding the transpor-
tation improvement. 
‘‘(3) RELATIONSHIP
WITH
OTHER
PLANNING 
OFFICIALS.—The Secretary shall encourage each 
metropolitan planning organization to consult with
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those officials responsible for other types of planning 
activities that are affected by transportation in the 
area (including State and local planned growth, eco-
nomic development, environmental protection, air-
port operations, and freight movements) or to co-
ordinate its planning process, to the maximum ex-
tent practicable, with such planning activities. Under 
the metropolitan planning process, transportation 
plans and TIPs shall be developed with due consid-
eration of other related planning activities within the 
metropolitan area, and the process shall provide for 
the design and delivery of transportation services 
within the metropolitan area that are provided by—
‘‘(A) recipients of assistance under chapter 
53; 
‘‘(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-
emergency transportation services; and 
‘‘(C) recipients of assistance under section 
204 of title 23. 
‘‘(f) SCOPE OF PLANNING PROCESS.—
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‘‘(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: 
‘‘(A) Support of the economic vitality of 
the metropolitan area, especially by enabling 
global competitiveness, productivity, and effi-
ciency. 
‘‘(B) Increases in the safety and security 
of the transportation system for motorized and 
nonmotorized users. 
‘‘(C) Increases in the accessibility and mo-
bility of people and for freight. 
‘‘(D) Protection and enhancement of the 
environment, promotion of energy conservation, 
improvement of the quality of life, and pro-
motion of consistency between transportation 
improvements and State and local planned 
growth and economic development patterns. 
‘‘(E) Enhancement of the integration and 
connectivity of the transportation system, 
across and between modes, for people and 
freight.
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‘‘(F) Promotion of efficient system man-
agement and operation. 
‘‘(G) Emphasis on 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 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 TIP, a project or strategy, or 
the certification of a planning process. 
‘‘(g) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘‘(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 major roadways, transit, 
multimodal and intermodal facilities, and inter-
modal connectors) that should function as an 
integrated metropolitan transportation system, 
giving emphasis to those facilities that serve im-
portant national and regional transportation 
functions. In formulating the transportation 
plan, the metropolitan planning organization
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shall consider factors described in subsection (f) 
as such factors relate to a 20-year forecast pe-
riod. 
‘‘(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 
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. For the purpose 
of developing the transportation plan, the met-
ropolitan planning organization, transit oper-
ator, and State shall cooperatively develop esti-
mates of funds that will be available to support 
plan implementation. 
‘‘(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.
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‘‘(D) Capital investment and other strate-
gies to preserve the existing and projected fu-
ture metropolitan transportation infrastructure 
and provide for multimodal capacity increases 
based on regional priorities and needs. 
‘‘(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 a 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) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—Before approving a transportation plan, each 
metropolitan planning organization shall provide citi-
zens, affected public agencies, representatives of 
public transportation employees, freight shippers, 
providers of freight transportation services, private 
providers of transportation, representatives of users 
of public transportation, representatives of users of 
pedestrian walkways and bicycle transportation fa-
cilities, representatives of the disabled, and other in-
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terested parties with a reasonable opportunity to 
comment on the transportation plan, in a manner 
that the Secretary deems appropriate. 
‘‘(5) PUBLICATION.—A transportation plan in-
volving Federal participation shall be published or 
otherwise made readily available by the metropolitan 
planning organization for public review and sub-
mitted for information purposes to the Governor at 
such times and in such manner as the Secretary 
shall establish. 
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—Notwithstanding paragraph (2)(B), 
a State or metropolitan planning organization shall 
not be required to select any project from the illus-
trative list of additional projects included in the fi-
nancial plan under paragraph (2)(B). 
‘‘(h) METROPOLITAN TIP.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN
GENERAL.—In cooperation with 
the State and any affected public transportation 
operator, the metropolitan planning organiza-
tion designated for a metropolitan area shall 
develop a TIP for the area for which the orga-
nization is designated.
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‘‘(B) OPPORTUNITY
FOR
COMMENT.—In 
developing the TIP, the metropolitan planning 
organization, in cooperation with the State and 
any affected public transportation operator, 
shall provide citizens, affected public agencies, 
representatives of public transportation employ-
ees, freight shippers, providers of freight trans-
portation services, private providers of transpor-
tation, representatives of users of public trans-
portation, representatives of the disabled, rep-
resentatives of users of pedestrian walkways 
and bicycle facilities, and other interested par-
ties with a reasonable opportunity to comment 
on the proposed TIP. 
‘‘(C) FUNDING ESTIMATES.—For the pur-
pose of developing 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 implementa-
tion. 
‘‘(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 Governor.
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‘‘(2) CONTENTS.—
‘‘(A) PRIORITY LIST.—The TIP shall in-
clude a priority list of proposed federally sup-
ported projects and strategies to be carried out 
within each 4-year period after the initial adop-
tion of the TIP. 
‘‘(B) FINANCIAL PLAN.—The TIP shall in-
clude a financial plan that—
‘‘(i) demonstrates how the TIP can be 
implemented; 
‘‘(ii) indicates resources from public 
and private sources that are reasonably ex-
pected to be available to carry out the pro-
gram; 
‘‘(iii) identifies innovative financing 
techniques to finance projects, programs, 
and strategies; and 
‘‘(iv) may include, for illustrative pur-
poses, additional projects that would be in-
cluded in the approved TIP if reasonable 
additional resources beyond those identi-
fied 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
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other similar factors) to identify the project or 
phase of the project. 
‘‘(D) CONGESTION RELIEF ACTIVITIES.—
The TIP shall include a listing of congestion re-
lief activities to be carried out to meet the re-
quirements of section 139 of title 23, cat-
egorized as either under one or under three 
congestion relief activities. 
‘‘(3) INCLUDED PROJECTS.—
‘‘(A) PROJECTS
UNDER
TITLE
AND 
CHAPTER 53.—A TIP developed under this sub-
section for a metropolitan area shall include the 
projects within the area that are proposed for 
funding under chapter 1 of title 23 and chapter 
53. 
‘‘(B) PROJECTS
UNDER
CHAPTER
OF 
TITLE
23.—All projects proposed for funding 
under chapter 2 of title 23 shall be identified 
individually in the TIP. 
‘‘(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.
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‘‘(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 pe-
riod contemplated for completion of the project. 
‘‘(4) NOTICE AND COMMENT.—Before approv-
ing a TIP, a metropolitan planning organization, in 
cooperation with the State and any affected public 
transportation operator, shall provide citizens, af-
fected public agencies, representatives of public 
transportation employees, freight shippers, providers 
of freight transportation services, private providers 
of transportation, representatives of users of public 
transportation, representatives of the disabled, rep-
resentatives of users of pedestrian walkways and bi-
cycle facilities, and other interested parties with rea-
sonable 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 TIP development required under paragraph 
(1), the selection of federally funded projects in
974
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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 chapter 53, the designated re-
cipients of public transportation fund-
ing; 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 included in the ap-
proved TIP in place of another project in the 
program. 
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—
‘‘(A) NO REQUIRED SELECTION.—Notwith-
standing paragraph (2)(B)(iv), a State or met-
ropolitan planning organization shall not be re-
quired to select any project from the illustrative 
list of additional projects included in the finan-
cial plan under paragraph (2)(B)(iv).
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‘‘(B) REQUIRED
ACTION
BY
THE
SEC-
RETARY.—Action by the Secretary shall be re-
quired for a State or metropolitan planning or-
ganization 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 in-
volving Federal participation shall be published 
or otherwise made readily available by the met-
ropolitan planning organization for public re-
view. 
‘‘(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 other-
wise made available by the metropolitan plan-
ning organization for public review. The listing 
shall be consistent with the categories identified 
in the TIP. 
‘‘(i) TRANSPORTATION MANAGEMENT AREAS.—
‘‘(1) IDENTIFICATION AND DESIGNATION.—
‘‘(A) REQUIRED
IDENTIFICATION.—The 
Secretary shall identify as a transportation
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management area each urbanized area (as de-
fined by the Bureau of the Census) with a pop-
ulation of over 200,000 individuals. 
‘‘(B) DESIGNATIONS
ON
REQUEST.—The 
Secretary shall designate any additional area as 
a transportation management area on the re-
quest of the Governor and the metropolitan 
planning organization designated for the area. 
‘‘(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 
public transportation operators. 
‘‘(3) CONGESTION
MANAGEMENT
PROCESS.—
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 through the use of travel demand reduction
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and operational management strategies and shall 
identify a sufficient number of congestion relief ac-
tivities under section 139 of title 23 to meet the re-
quirements of such section. The Secretary shall es-
tablish an appropriate phase-in schedule for compli-
ance 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 shall be selected 
for implementation from the approved TIP by 
the metropolitan planning organization des-
ignated for the area in consultation with the 
State and any affected public transportation op-
erator. 
‘‘(B) 
NATIONAL
HIGHWAY
SYSTEM 
PROJECTS.—Projects, carried out within the 
boundaries of a metropolitan planning area
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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 TIP by the 
State in cooperation with the metropolitan plan-
ning organization designated for the area. 
‘‘(5) CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan 
planning process of a metropolitan plan-
ning organization 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 4 years, 
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—
979
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‘‘(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 TIP for the metropoli-
tan planning area that has been approved 
by the metropolitan planning 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 transportation management area 
is not certified, the Secretary may withhold 
up to 20 percent of the funds attributable 
to the metropolitan planning area of the 
metropolitan planning organization for 
projects funded under title 23 and chapter 
53. 
‘‘(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.
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‘‘(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. 
‘‘(j) 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 and TIP for 
the metropolitan planning 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 TIPs 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.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provisions of title 23 or chapter 53, for transpor-
tation management areas classified as nonattain-
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ment for ozone or carbon monoxide pursuant 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 vehicles unless the project is ad-
dressed through a congestion management process. 
‘‘(2) APPLICABILITY.—This subsection applies 
to a nonattainment area within the metropolitan 
planning area boundaries determined under sub-
section (c). 
‘‘(l) 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. 
‘‘(m) FUNDING.—
‘‘(1) SET-ASIDES.—Funds set aside under sec-
tion 104(f) of title 23 or section 5305(h) shall be 
available to carry out this section. 
‘‘(2) OTHER FUNDING.—Funds made available 
under section 5338(c) shall be available to carry out 
this section. 
‘‘(n) CONTINUATION OF CURRENT REVIEW PRAC-
TICE.—Since plans and TIPs described in this section are
982
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subject to a reasonable opportunity for public comment, 
individual projects included in plans and TIPs are subject 
to review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), and decisions by the Sec-
retary 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. 
‘‘§ 5214. Statewide transportation planning 
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT
OF
PLANS
AND
PRO-
GRAMS.—To accomplish the objectives stated in sec-
tion 5211, each State shall develop a statewide 
transportation plan and a statewide transportation 
improvement program for all areas of the State sub-
ject to section 5213. Such program shall cover a pe-
riod of 4 years and be updated every 4 years or 
more frequently if the Governor elects to update 
more frequently. 
‘‘(2) CONTENTS.—The statewide transportation 
plan and the transportation improvement program 
developed for each State shall provide for the devel-
opment and integrated management and operation 
of transportation systems and facilities (including
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accessible pedestrian walkways and bicycle transpor-
tation 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. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing the statewide plan and the transpor-
tation improvement program shall provide for con-
sideration of all modes of transportation and the 
policies stated in section 5211, and shall be con-
tinuing, cooperative, and comprehensive to the de-
gree 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 5213 for metropolitan 
areas of the State and with statewide trade and eco-
nomic 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.). 
‘‘(d) SCOPE OF PLANNING PROCESS.—
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‘‘(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 en-
abling 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 
of people and freight; 
‘‘(D) protect and enhance the environment, 
promote energy conservation, improve the qual-
ity of life, and promote consistency between 
transportation improvements and State and 
local planned growth and economic development 
patterns; 
‘‘(E) 
enhance 
the 
integration 
and 
connectivity of the transportation system, 
across and between modes throughout the 
State, for people and freight;