973
‘‘(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
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).
975
‘‘(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
976
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
977
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
978
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
‘‘(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.
980
‘‘(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-
981
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
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
983
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.—
984
‘‘(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;
985
‘‘(F) promote efficient system management
and operation; and
‘‘(G) emphasize the preservation of the ex-
isting 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
statewide transportation plan, the transportation im-
provement 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 car-