H. R. 3—408
‘‘(II) FUNDING.—In addition to funds made 
available to the metropolitan planning organiza-
tion for the Lake Tahoe region under other provi-
sions of this chapter and title 23, 1 percent of 
the funds allocated under section 202 of title 23 
shall be used to carry out the transportation plan-
ning process for the Lake Tahoe region under this 
subparagraph. 
‘‘(D) 
ACTIVITIES.—Highway 
projects 
included 
in 
transportation plans developed under this paragraph—
‘‘(i) shall be selected for funding in a manner that 
facilitates the participation of the Federal land 
management agencies that have jurisdiction over land 
in the Lake Tahoe region; and 
‘‘(ii) may, in accordance with chapter 2 of title 
23, be funded using funds allocated under section 202 
of such title. 
‘‘(4) RESERVATION OF RIGHTS.—The right to alter, amend, 
or repeal interstate compacts entered into under this subsection 
is expressly reserved. 
‘‘(g) MPO CONSULTATION IN PLAN AND TIP COORDINATION.—
‘‘(1) NONATTAINMENT AREAS.—If more than one metropoli-
tan planning organization has authority within a metropolitan 
area or an area which is designated as a nonattainment area 
for ozone or carbon monoxide under the Clean Air Act, each 
metropolitan planning organization shall consult with the other 
metropolitan planning organizations designated for such area 
and the State in the coordination of plans and TIPs required 
by this section. 
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE 
MPOS.—If a transportation improvement, funded from the High-
way Trust Fund or authorized under this chapter, is located 
within the boundaries of more than one metropolitan planning 
area, the metropolitan planning organizations shall coordinate 
plans and TIPs regarding the transportation improvement. 
‘‘(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.—The 
Secretary shall encourage each metropolitan planning organiza-
tion to consult with officials responsible for other types of 
planning activities that are affected by transportation in the 
area (including State and local planned growth, economic 
development, environmental protection, airport operations, and 
freight movements) or to coordinate its planning process, to 
the maximum extent practicable, with such planning activities. 
Under the metropolitan planning process, transportation plans 
and TIPs shall be developed with due consideration of other 
related planning activities within the metropolitan area, and 
the process shall provide for the design and delivery of transpor-
tation services within the metropolitan area that are provided 
by—
‘‘(A) recipients of assistance under this chapter; 
‘‘(B) governmental agencies and nonprofit organizations 
(including representatives of the agencies and organiza-
tions) that receive Federal assistance from a source other 
than the Department of Transportation to provide non-
emergency transportation services; and 
‘‘(C) recipients of assistance under section 204 of title 
23.
H. R. 3—409
‘‘(h) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The metropolitan planning process for 
a metropolitan planning area under this section shall provide 
for consideration of projects and strategies that will—
‘‘(A) support the economic vitality of the metropolitan 
area, especially by enabling global competitiveness, produc-
tivity, 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 for 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, for 
people and freight; 
‘‘(G) promote efficient system management and oper-
ation; and 
‘‘(H) emphasize the preservation of the existing 
transportation system. 
‘‘(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 transportation plan, a TIP, a project or strategy, 
or the certification of a planning process. 
‘‘(i) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘‘(1) IN GENERAL.—Each metropolitan planning organization 
shall prepare a transportation plan for its metropolitan plan-
ning area in accordance with the requirements of this sub-
section. The metropolitan planning organization shall prepare 
and update such plan every 4 years (or more frequently, if 
the metropolitan planning organization elects to update more 
frequently) in the case of each of the following: 
‘‘(A) Any area designated as nonattainment, as defined 
in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). 
‘‘(B) Any area that was nonattainment and subse-
quently designated to attainment in accordance with sec-
tion 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that 
is subject to a maintenance plan under section 175A of 
that Act (42 U.S.C. 7505a). 
In the case of any other area required to have a transportation 
plan in accordance with the requirements of this subsection, 
the metropolitan planning organization shall prepare and 
update such plan every 5 years unless the metropolitan plan-
ning organization elects to update more frequently. 
‘‘(2) TRANSPORTATION PLAN.—A transportation plan under 
this section shall be in a form that the Secretary determines 
to be appropriate and shall contain, at a minimum, the fol-
lowing: 
‘‘(A) IDENTIFICATION OF TRANSPORTATION FACILITIES.—
An identification of transportation facilities (including
H. R. 3—410
major roadways, transit, multimodal and intermodal facili-
ties, and intermodal connectors) that should function as 
an integrated metropolitan transportation system, giving 
emphasis to those facilities that serve important national 
and regional transportation functions. In formulating the 
transportation plan, the metropolitan planning organiza-
tion shall consider factors described in subsection (h) as 
such factors relate to a 20-year forecast period. 
‘‘(B) MITIGATION ACTIVITIES.—
‘‘(i) IN GENERAL.—A long-range transportation plan 
shall include a discussion of types of potential environ-
mental mitigation activities and potential areas to 
carry out these activities, including activities that may 
have the greatest potential to restore and maintain 
the environmental functions affected by the plan. 
‘‘(ii) CONSULTATION.—The discussion shall be 
developed in consultation with Federal, State, and 
tribal wildlife, land management, and regulatory agen-
cies. 
‘‘(C) FINANCIAL
PLAN.—A financial plan that dem-
onstrates how the adopted transportation plan can be 
implemented, indicates resources from public and private 
sources that are reasonably expected to be made available 
to carry out the plan, and recommends any additional 
financing strategies for needed projects and programs. The 
financial plan may include, for illustrative purposes, addi-
tional projects that would be included in the adopted 
transportation plan if reasonable additional resources 
beyond those identified in the financial plan were available. 
For the purpose of developing the transportation plan, the 
metropolitan planning organization, transit operator, and 
State shall cooperatively develop estimates of funds that 
will be available to support plan implementation. 
‘‘(D) OPERATIONAL
AND
MANAGEMENT
STRATEGIES.—
Operational and management strategies to improve the 
performance of existing transportation facilities to relieve 
vehicular congestion and maximize the safety and mobility 
of people and goods. 
‘‘(E) CAPITAL INVESTMENT AND OTHER STRATEGIES.—
Capital investment and other strategies to preserve the 
existing and projected future metropolitan transportation 
infrastructure 
and 
provide 
for 
multimodal 
capacity 
increases based on regional priorities and needs. 
‘‘(F) TRANSPORTATION
AND
TRANSIT
ENHANCEMENT 
ACTIVITIES.—Proposed transportation and transit enhance-
ment activities. 
‘‘(3) COORDINATION
WITH
CLEAN
AIR
ACT
AGENCIES.—In 
metropolitan areas which are in nonattainment for ozone or 
carbon monoxide under the Clean Air Act, the metropolitan 
planning organization shall coordinate the development of a 
transportation plan with the process for development of the 
transportation control measures of the State implementation 
plan required by the Clean Air Act. 
‘‘(4) CONSULTATION.—
‘‘(A) IN
GENERAL.—In each metropolitan area, the 
metropolitan planning organization shall consult, as appro-
priate, with State and local agencies responsible for land
H. R. 3—411
use management, natural resources, environmental protec-
tion, conservation, and historic preservation concerning the 
development of a long-range transportation plan. 
‘‘(B) ISSUES.—The consultation shall involve, as appro-
priate—
‘‘(i) comparison of transportation plans with State 
conservation plans or maps, if available; or 
‘‘(ii) comparison of transportation plans to inven-
tories of natural or historic resources, if available. 
‘‘(5) PARTICIPATION BY INTERESTED PARTIES.—
‘‘(A) 
IN
GENERAL.—Each 
metropolitan 
planning 
organization shall provide citizens, affected public agencies, 
representatives of public transportation employees, freight 
shippers, providers of freight transportation services, pri-
vate providers of transportation, representatives of users 
of public transportation, representatives of users of pedes-
trian walkways and bicycle transportation facilities, rep-
resentatives of the disabled, and other interested parties 
with a reasonable opportunity to comment on the transpor-
tation plan. 
‘‘(B) CONTENTS OF PARTICIPATION PLAN.—A participa-
tion plan—
‘‘(i) shall be developed in consultation with all 
interested parties; and 
‘‘(ii) shall provide that all interested parties have 
reasonable opportunities to comment on the contents 
of the transportation plan. 
‘‘(C) METHODS.—In carrying out subparagraph (A), the 
metropolitan planning organization 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). 
‘‘(6) PUBLICATION.—A transportation plan involving Federal 
participation shall be published or otherwise made readily 
available by the metropolitan planning organization for public 
review, including (to the maximum extent practicable) in elec-
tronically accessible formats and means, such as the World 
Wide Web, approved by the metropolitan planning organization 
and submitted for information purposes to the Governor at 
such times and in such manner as the Secretary shall establish. 
‘‘(7) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
Notwithstanding paragraph (2)(C), a State or metropolitan 
planning organization shall not be required to select any project 
from the illustrative list of additional projects included in the 
financial plan under paragraph (2)(C). 
‘‘(j) METROPOLITAN TIP.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—In cooperation with the State and 
any affected public transportation operator, the metropoli-
tan planning organization designated for a metropolitan