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able fuel (as defined in section 4083(a)(1)) into a fuel tank
of a motor vehicle which is shipped or driven out of the
United States.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 4041(g) (relating to other exemp-
tions) is amended by adding at the end the following
new sentence: ‘‘Paragraph (3) shall not apply to the
sale of a liquid for delivery into a fuel tank of a
motor vehicle which is shipped or driven out of the
United States.’’.
(2) Clause (iv) of section 4081(a)(1)(A) (relating
to tax on removal, entry, or sale) is amended by in-
serting ‘‘or at a duty-free sales enterprise (as defined
in section 555(b)(8) of the Tariff Act of 1930)’’ after
‘‘section 4101’’.
(c) EFFECTIVE DATE.—The amendments made by this
section shall apply to sales or deliveries made after the date
of the enactment of this Act.
SEC. 5620. PENALTY WITH RESPECT TO CERTAIN ADULTER-
ATED FUELS.
(a) IN GENERAL.—Part I of subchapter B of chapter
68 (relating to assessable penalties) is amended by adding
at the end the following new section:
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‘‘SEC. 6720A. PENALTY WITH RESPECT TO CERTAIN ADUL-
TERATED FUELS.
‘‘(a) IN GENERAL.—Any person who knowingly trans-
fers for resale, sells for resale, or holds out for resale any
liquid for use in a diesel-powered highway vehicle or a die-
sel-powered train which does not meet applicable EPA regu-
lations (as defined in section 45H(c)(3)), shall pay a pen-
alty of $10,000 for each such transfer, sale, or holding out
for resale, in addition to the tax on such liquid (if any).
‘‘(b) PENALTY IN THE CASE OF RETAILERS.—Any per-
son who knowingly holds out for sale (other than for resale)
any liquid described in subsection (a), shall pay a penalty
of $10,000 for each such holding out for sale, in addition
to the tax on such liquid (if any).’’.
(b) DEDICATION OF REVENUE.—Paragraph (5) of sec-
tion 9503(b) (relating to certain penalties) is amended by
inserting ‘‘6720A,’’ after ‘‘6719,’’.
(c) CLERICAL AMENDMENT.—The table of sections for
part I of subchapter B of chapter 68 is amended by adding
at the end the following new item:
‘‘Sec. 6720A. Penalty with respect to certain adulterated fuels.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall apply to any transfer, sale, or holding out for
sale or resale occurring after the date of the enactment of
this Act.
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TITLE VI—PUBLIC
TRANSPORTATION
SEC. 6001. SHORT TITLE.
This title may be cited as the ‘‘Federal Public Trans-
portation Act of 2005’’.
SEC. 6002. AMENDMENTS TO TITLE 49, UNITED STATES
CODE; UPDATED TERMINOLOGY.
(a) AMENDMENTS TO TITLE 49.—Except as otherwise
specifically provided, whenever in this title an amendment
or repeal is expressed in terms of an amendment to, or re-
peal of, a section or other provision of law, the reference
shall be considered to be made to a section or other provi-
sion of title 49, United States Code.
(b) UPDATED TERMINOLOGY.—Except for sections
5301(f), 5302(a)(7), and 5315, chapter 53, including the
chapter analysis, is amended by striking ‘‘mass transpor-
tation’’ each place it appears and inserting ‘‘public trans-
portation’’.
SEC. 6003. POLICIES, FINDINGS, AND PURPOSES.
(a) DEVELOPMENT AND REVITALIZATION OF PUBLIC
TRANSPORTATION SYSTEMS.—Section 5301(a) is amended
to read as follows:
‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUBLIC
TRANSPORTATION SYSTEMS.—It is in the economic interest
of the United States to foster the development and revital-
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ization of public transportation systems, which are coordi-
nated with other modes of transportation, that maximize
the efficient, secure, and safe mobility of individuals and
minimize environmental impacts.’’.
(b) GENERAL
FINDINGS.—Section 5301(b)(1) is
amended—
(1) by striking ‘‘70 percent’’ and inserting ‘‘two-
thirds’’; and
(2) by striking ‘‘urban areas’’ and inserting ‘‘ur-
banized areas’’.
(c) PRESERVING THE ENVIRONMENT.—Section 5301(e)
is amended—
(1) by striking ‘‘an urban’’ and inserting ‘‘a’’;
and
(2) by striking ‘‘under sections 5309 and 5310 of
this title’’.
(d) 
GENERAL
PURPOSES.—Section 
5301(f) 
is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘improved mass’’ and in-
serting ‘‘improved public’’; and
(B) by striking ‘‘public and private mass
transportation companies’’ and inserting ‘‘public
transportation companies and private companies
engaged in public transportation’’;
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(2) in paragraph (2)—
(A) by striking ‘‘urban mass’’ and inserting
‘‘public’’; and
(B) by striking ‘‘public and private mass
transportation companies’’ and inserting ‘‘public
transportation companies and private companies
engaged in public transportation’’;
(3) in paragraph (3)—
(A) by striking ‘‘urban mass’’ and inserting
‘‘public’’; and
(B) by striking ‘‘public or private mass
transportation companies’’ and inserting ‘‘public
transportation companies or private companies
engaged in public transportation’’; and
(4) in paragraph (5), by striking ‘‘urban mass’’
and inserting ‘‘public’’.
SEC. 6004. DEFINITIONS.
Section 5302(a) is amended—
(1) in paragraph (1)—
(A) in subparagraph (G)(i), by inserting
‘‘including the intercity bus and intercity rail
portions of such facility or mall,’’ after ‘‘trans-
portation mall,’’;
(B) in subparagraph (G)(ii), by inserting ‘‘,
except for the intercity bus portion of intermodal
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facilities or malls,’’ after ‘‘commercial revenue-
producing facility’’;
(C) in subparagraph (H)—
(i) by striking ‘‘and’’ after ‘‘innova-
tive’’ and inserting ‘‘or’’; and
(ii) by striking ‘‘or’’ after the semi-
colon at the end;
(D) in subparagraph (I), by striking the pe-
riod at the end and inserting a semicolon; and
(E) by adding at the end the following:
‘‘(J) 
crime 
prevention 
and 
security,
including—
‘‘(i) projects to refine and develop secu-
rity and emergency response plans; or
‘‘(ii) projects to detect chemical or bio-
logical agents in public transportation;
‘‘(K) conducting emergency response drills
with public transportation agencies and local
first response agencies or security training for
public transportation employees, except for ex-
penses relating to operations; or
‘‘(L) establishing a debt service reserve,
made up of deposits with a bondholder’s trustee,
to ensure the timely payment of principal and
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interest on bonds issued by a grant recipient to
finance an eligible project under this chapter.’’;
(2) by redesignating paragraphs (8) through (17)
as paragraphs (9) through (18), respectively;
(3) by striking paragraph (7) and inserting the
following:
‘‘(7) MASS TRANSPORTATION.—The term ‘mass
transportation’ means public transportation.
‘‘(8) MOBILITY MANAGEMENT.—The term ‘mobil-
ity management’ means a short-range planning or
management activity or project that does not include
operating public transportation services and—
‘‘(A) improves coordination among public
transportation providers, including private com-
panies engaged in public transportation;
‘‘(B) addresses customer needs by tailoring
public transportation services to specific market
niches; or
‘‘(C) manages public transportation de-
mand.’’;
(4) by amending paragraph (11), as redesig-
nated, to read as follows:
‘‘(11) 
PUBLIC
TRANSPORTATION.—The 
term
‘public transportation’ means transportation by a
conveyance that provides local regular and continuing
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general or special transportation to the public, but
does not include school bus, charter bus, intercity bus
or passenger rail, or sightseeing transportation.’’;
(5) in subparagraphs (A) and (E) of paragraph
(16), as redesignated, by striking ‘‘and’’ each place it
appears and inserting ‘‘or’’; and
(6) by amending paragraph (18), as redesig-
nated, to read as follows:
‘‘(18) URBANIZED AREA.—The term ‘urbanized
area’ means an area encompassing a population of
not less than 50,000 people that has been defined and
designated in the most recent decennial census as an
‘urbanized area’ by the Secretary of Commerce.’’.
SEC. 6005. METROPOLITAN TRANSPORTATION PLANNING.
Section 5303 is amended to read as follows:
‘‘§ 5303. Metropolitan transportation planning
‘‘(a) DEFINITIONS.—As used in this section and in sec-
tion 5304, the following definitions shall apply:
‘‘(1) CONSULTATION.—A ‘consultation’ occurs
when 1 party—
‘‘(A) confers with another identified party
in accordance with an established process;
‘‘(B) prior to taking action, considers the
views of the other identified party; and
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‘‘(C) periodically informs that party about
action taken.
‘‘(2) METROPOLITAN PLANNING AREA.—The term
‘metropolitan planning area’ means the geographic
area determined by agreement between the metropoli-
tan planning organization and the Governor under
subsection (d).
‘‘(3) 
METROPOLITAN
PLANNING
ORGANIZA-
TION.—The term ‘metropolitan planning organiza-
tion’ means the Policy Board of the organization des-
ignated under subsection (c).
‘‘(4) NONMETROPOLITAN AREA.—The term ‘non-
metropolitan area’ means any geographic area out-
side all designated metropolitan planning areas.
‘‘(5) NONMETROPOLITAN LOCAL OFFICIAL.—The
term ‘nonmetropolitan local official’ means any elect-
ed or appointed official of general purpose local gov-
ernment located in a nonmetropolitan area who is re-
sponsible for transportation services for such local
government.
‘‘(b) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—
To accomplish the objectives described in section
5301(a), each metropolitan planning organization, in
cooperation with the State and public transportation
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operators, shall develop transportation plans and pro-
grams for metropolitan planning areas of the State in
which it is located.
‘‘(2) CONTENTS.—The plans and programs devel-
oped under paragraph (1) for each metropolitan plan-
ning area shall provide for the development and inte-
grated management and operation of transportation
systems and facilities (including pedestrian walkways
and bicycle transportation facilities) that will func-
tion as an intermodal transportation system for the
metropolitan planning area and as an integral part
of an intermodal transportation system for the State
and the United States.
‘‘(3) PROCESS OF DEVELOPMENT.—The process
for developing the plans and programs 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.
‘‘(4) PLANNING AND PROJECT DEVELOPMENT.—
The metropolitan planning organization, the State
Department of Transportation, and the appropriate
public transportation provider shall agree upon the
approaches that will be used to evaluate alternatives
and identify transportation improvements that ad-
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dress the most complex problems and pressing trans-
portation needs in the metropolitan area.
‘‘(c) DESIGNATION OF METROPOLITAN PLANNING OR-
GANIZATIONS.—
‘‘(1) IN GENERAL.—To carry out the transpor-
tation planning process under this section, a metro-
politan planning organization shall be designated for
each urbanized area—
‘‘(A) by agreement between the Governor
and units of general purpose local government
that combined represent not less than 75 percent
of the affected population (including the incor-
porated city or cities named by the Bureau of
the Census in designating the urbanized area); or
‘‘(B) in accordance with procedures estab-
lished by applicable State or local law.
‘‘(2) STRUCTURE.—Each metropolitan planning
organization designated under paragraph (1) that
serves an area identified as a transportation manage-
ment area shall consist of—
‘‘(A) local elected officials;
‘‘(B) officials of public agencies that admin-
ister or operate major modes of transportation in
the metropolitan area; and
‘‘(C) appropriate State officials.
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‘‘(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—
‘‘(A) to develop plans and programs for
adoption by a metropolitan planning organiza-
tion; and
‘‘(B) to develop long-range capital plans,
coordinate transit services and projects, and
carry out other activities pursuant to State law.
‘‘(4) CONTINUING
DESIGNATION.—The designa-
tion of a metropolitan planning organization under
this subsection or any other provision of law shall re-
main in effect until the metropolitan planning orga-
nization is redesignated under paragraph (5).
‘‘(5) REDESIGNATION
PROCEDURES.—A metro-
politan planning organization may be redesignated
by agreement between the Governor and units of gen-
eral purpose local government that combined rep-
resent not less than 75 percent of the existing plan-
ning area population (including the incorporated city
or cities named by the Bureau of the Census in desig-
nating the urbanized area) as appropriate to carry
out this section.
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‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLI-
TAN PLANNING ORGANIZATION.—More than 1 metro-
politan planning organization may be designated
within an existing metropolitan planning area only
if the Governor and the existing metropolitan plan-
ning organization determine that the size and com-
plexity of the existing metropolitan planning area
make designation of more than 1 metropolitan plan-
ning organization for the area appropriate.
‘‘(d) METROPOLITAN PLANNING AREA BOUNDARIES.—
‘‘(1) IN GENERAL.—For the purposes of this sec-
tion, the boundaries of a metropolitan planning area
shall be determined by agreement between the metro-
politan planning organization and the Governor.
‘‘(2) INCLUDED AREA.—Each metropolitan plan-
ning area—
‘‘(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
‘‘(B) may encompass the entire metropoli-
tan statistical area or consolidated metropolitan
statistical area, as defined by the Office of Man-
agement and Budget.
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‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS
WITHIN EXISTING PLANNING AREA BOUNDARIES.—The
designation by the Bureau of the Census of new ur-
banized areas within an existing metropolitan plan-
ning area shall not require the redesignation of the
existing metropolitan planning organization.
‘‘(4) EXISTING METROPOLITAN PLANNING AREAS
IN
NONATTAINMENT.—Notwithstanding 
paragraph
(2), in the case of an urbanized area designated as a
nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et seq.), the
boundaries of the metropolitan planning area in ex-
istence as of the date of enactment of the Federal Pub-
lic Transportation Act of 2005 shall be retained, ex-
cept that the boundaries may be adjusted by agree-
ment of the Governor and affected metropolitan plan-
ning organizations in accordance with paragraph (5).
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN
NONATTAINMENT.—If an urbanized area is designated
after the date of enactment of this paragraph in a
nonattainment area for ozone or carbon monoxide, the
boundaries of the metropolitan planning area—
‘‘(A) shall be established in accordance with
subsection (c)(1);
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‘‘(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 iden-
tified under the Clean Air Act (42 U.S.C. 7401
et seq.) for ozone or carbon monoxide.
‘‘(e) 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 appropriate
metropolitan planning organizations to provide co-
ordinated transportation planning for the entire met-
ropolitan area.
‘‘(2) 
INTERSTATE
COMPACTS.—States 
are
authorized—
‘‘(A) to enter into agreements or compacts
with other States, which agreements or compacts
are not in conflict with any law of the United
States, for cooperative efforts and mutual assist-
ance in support of activities authorized under
this section as the activities pertain to interstate
areas and localities within the States; and
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‘‘(B) to establish such agencies, joint or oth-
erwise, as the States may determine desirable for
making the agreements and compacts effective.
‘‘(3) LAKE TAHOE REGION.—
‘‘(A) DEFINITION.—In this paragraph, the
term ‘Lake Tahoe region’ has the meaning given
the term ‘region’ in subdivision (a) of article II
of the Tahoe Regional Planning Compact, as set
forth in the first section of Public Law 96–551
(94 Stat. 3234).
‘‘(B) TRANSPORTATION
PLANNING
PROC-
ESS.—The Secretary shall—
‘‘(i) establish with the Federal land
management agencies that have jurisdiction
over land in the Lake Tahoe region a trans-
portation planning process for the region;
and
‘‘(ii) coordinate the transportation
planning process with the planning process
required of State and local governments
under this section and section 5304.
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii) and notwithstanding subsection (c), to
carry out the transportation planning proc-
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ess required by this section, California and
Nevada may designate a metropolitan plan-
ning organization for the Lake Tahoe re-
gion, by agreement between the Governor of
the State of California, the Governor of the
State of Nevada, and units of general pur-
pose local government that combined rep-
resent not less than 75 percent of the af-
fected population (including the incor-
porated city or cities named by the Bureau
of the Census in designating the urbanized
area), or in accordance with procedures es-
tablished by applicable State or local law.
‘‘(ii) INVOLVEMENT OF FEDERAL LAND
MANAGEMENT AGENCIES.—
‘‘(I) REPRESENTATION.—The pol-
icy board of a metropolitan planning
organization designated under clause
(i) shall include a representative of
each Federal land management agency
that has jurisdiction over land in the
Lake Tahoe region.
‘‘(II) FUNDING.—In addition to
funds made available to the metropoli-
tan planning organization under other
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provisions of title 23 and this chapter,
not more than 1 percent of the funds
allocated under section 202 of title 23
may be used to carry out the transpor-
tation planning process for the Lake
Tahoe region under this subparagraph.
‘‘(D) ACTIVITIES.—Highway projects in-
cluded in transportation plans developed under
this paragraph—
‘‘(i) shall be selected for funding in a
manner that facilitates the participation of
the Federal land management agencies that
have jurisdiction over land in the Lake
Tahoe region; and
‘‘(ii) may, in accordance with chapter
2 of title 23, be funded using funds allocated
under section 202 of title 23.
‘‘(f) COORDINATION OF METROPOLITAN PLANNING OR-
GANIZATIONS.—
‘‘(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 (42 U.S.C. 7401
et seq.), each metropolitan planning organization
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shall consult with the other metropolitan planning or-
ganizations designated for such area and the State in
the coordination of plans required by this section.
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED
IN MULTIPLE METROPOLITAN PLANNING AREAS.—If a
transportation improvement funded from the highway
trust fund is located within the boundaries of more
than 1 metropolitan planning area, the metropolitan
planning organizations shall coordinate plans regard-
ing the transportation improvement.
‘‘(3) INTERREGIONAL AND INTERSTATE PROJECT
IMPACTS.—Planning for National Highway System,
commuter rail projects, or other projects with substan-
tial impacts outside a single metropolitan planning
area or State shall be coordinated directly with the
affected, contiguous, metropolitan planning organiza-
tions and States.
‘‘(4) COORDINATION
WITH
OTHER
PLANNING
PROCESSES.—
‘‘(A) IN GENERAL.—The Secretary shall en-
courage each metropolitan planning organiza-
tion to coordinate its planning process, to the
maximum extent practicable, with those officials
responsible for other types of planning activities
that are affected by transportation, including
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State and local land use planning, economic de-
velopment, environmental protection, airport op-
erations, housing, and freight.
‘‘(B) OTHER CONSIDERATIONS.—The metro-
politan planning process shall develop transpor-
tation plans with due consideration of, and in
coordination with, other related planning activi-
ties within the metropolitan area. This should
include the design and delivery of transportation
services within the metropolitan area that are
provided by—
‘‘(i) recipients of assistance under this
chapter;
‘‘(ii) governmental agencies and non-
profit organizations (including representa-
tives of the agencies and organizations) that
receive Federal assistance from a source
other than the Department of Transpor-
tation to provide nonemergency transpor-
tation services; and
‘‘(iii) recipients of assistance under
section 204 of title 23.
‘‘(g) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The goals and objectives de-
veloped through the metropolitan planning process for
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a metropolitan planning area under this section shall
address, in relation to the performance of the metro-
politan area transportation systems—
‘‘(A) supporting the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency, in-
cluding through services provided by public and
private operators;
‘‘(B) increasing the safety of the transpor-
tation system for motorized and nonmotorized
users;
‘‘(C) increasing the security of the transpor-
tation system for motorized and nonmotorized
users;
‘‘(D) increasing the accessibility and mobil-
ity of people and for freight, including through
services provided by public and private opera-
tors;
‘‘(E) protecting and enhancing the environ-
ment (including the protection of habitat, water
quality, and agricultural and forest land, while
minimizing invasive species), promoting energy
conservation, and promoting consistency between
transportation improvements and State and
local land use planning and economic develop-
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ment patterns (including minimizing adverse
health effects from mobile source air pollution
and promoting the linkage of the transportation
and development goals of the metropolitan area);
‘‘(F) 
enhancing 
the 
integration 
and
connectivity of the transportation system, across
and between modes, for people and freight, in-
cluding through services provided by public and
private operators;
‘‘(G) promoting efficient system manage-
ment and operation; and
‘‘(H) emphasizing the preservation and effi-
cient use of the existing transportation system,
including services provided by public and pri-
vate operators.
‘‘(2) SELECTION OF FACTORS.—After soliciting
and considering any relevant public comments, the
metropolitan planning organization shall determine
which of the factors described in paragraph (1) are
most appropriate to consider.
‘‘(3) FAILURE TO CONSIDER FACTORS.—The fail-
ure to consider any factor specified in paragraph (1)
shall not be reviewable by any court under title 23,
this title, subchapter II of chapter 5 of title 5, or
chapter 7 of title 5 in any matter affecting a trans-
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portation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.
‘‘(h) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘‘(1) IN GENERAL.—
‘‘(A) REQUIREMENT.—Each metropolitan
planning organization shall develop a transpor-
tation plan for its metropolitan planning area
in accordance with this subsection, and update
such plan—
‘‘(i) not less frequently than once every
4 years in areas designated as nonattain-
ment, as defined in section 107(d) of the
Clean Air Act (42 U.S.C. 7407(d)), and in
areas that were nonattainment that have
been redesignated as attainment, in accord-
ance with paragraph (3) of such section,
with a maintenance plan under section
175A of the Clean Air Act (42 U.S.C.
7505a); or
‘‘(ii) not less frequently than once
every 5 years in areas designated as attain-
ment, as defined in section 107(d) of the
Clean Air Act.
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‘‘(B) COORDINATION
FACTORS.—In devel-
oping the transportation plan under this section,
each metropolitan planning organization shall
consider the factors described in subsection (f)
over a 20-year forecast period.
‘‘(C) FINANCIAL ESTIMATES.—For the pur-
pose of developing the transportation plan, the
metropolitan planning organization, transit op-
erator, and State shall cooperatively develop esti-
mates of funds that will be available to support
plan implementation.
‘‘(2) MITIGATION ACTIVITIES.—
‘‘(A) IN GENERAL.—A transportation plan
under this subsection shall include a discussion
of—
‘‘(i) 
types 
of 
potential 
habitat,
hydrological, and environmental mitigation
activities that may assist in compensating
for loss of habitat, wetland, and other envi-
ronmental functions; and
‘‘(ii) potential areas to carry out these
activities, including a discussion of areas
that may have the greatest potential to re-
store and maintain the habitat types and
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hydrological or environmental functions af-
fected by the plan.
‘‘(B) CONSULTATION.—The discussion de-
scribed in subparagraph (A) shall be developed
in consultation with Federal and State tribal
wildlife, land management, and regulatory agen-
cies.
‘‘(3) CONTENTS.— A transportation plan under
this subsection shall be in a form that the Secretary
determines to be appropriate and shall contain—
‘‘(A) an identification of transportation fa-
cilities, including major roadways, transit,
multimodal and intermodal facilities, intermodal
connectors, and other relevant facilities identified
by the metropolitan planning organization,
which should function as an integrated metro-
politan transportation system, emphasizing those
facilities that serve important national and re-
gional transportation functions;
‘‘(B) a financial plan that—
‘‘(i) demonstrates how the adopted
transportation plan can be implemented;
‘‘(ii) indicates resources from public
and private sources that are reasonably ex-
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pected to be made available to carry out the
plan;
‘‘(iii) recommends any additional fi-
nancing strategies for needed projects and
programs; and
‘‘(iv) may include, for illustrative pur-
poses, additional projects that would be in-
cluded in the adopted transportation plan if
approved by the Secretary and reasonable
additional resources beyond those identified
in the financial plan were available;
‘‘(C) operational and management strate-
gies to improve the performance of existing
transportation facilities to relieve vehicular con-
gestion and maximize the safety and mobility of
people and goods;
‘‘(D) capital investment and other strategies
to preserve the existing metropolitan transpor-
tation infrastructure and provide for multimodal
capacity increases based on regional priorities
and needs; and
‘‘(E) proposed transportation and transit
enhancement activities.
‘‘(4) CONSULTATION.—
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‘‘(A) IN GENERAL.—In each metropolitan
area, the metropolitan planning organization
shall consult, as appropriate, with State and
local agencies responsible for land use manage-
ment, natural resources, environmental protec-
tion, conservation, and historic preservation con-
cerning the development of a long-range trans-
portation plan.
‘‘(B) 
ISSUES.—The 
consultation 
shall
involve—
‘‘(i) 
comparison 
of 
transportation
plans with State conservation plans or with
maps, if available;
‘‘(ii) comparison of transportation
plans to inventories of natural or historic
resources, if available; or
‘‘(iii) consideration of areas where
wildlife crossing structures may be needed
to ensure connectivity between wildlife habi-
tat linkage areas.
‘‘(5) COORDINATION WITH CLEAN AIR ACT AGEN-
CIES.—In metropolitan areas in nonattainment for
ozone or carbon monoxide under the Clean Air Act
(42 U.S.C. 7401 et seq.), the metropolitan planning
organization shall coordinate the development of a
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transportation plan with the process for development
of the transportation control measures of the State
implementation plan required by the Clean Air Act.
‘‘(6) 
APPROVAL
OF
THE
TRANSPORTATION
PLAN.—Each transportation plan prepared by a met-
ropolitan planning organization shall be—
‘‘(A) approved by the metropolitan plan-
ning organization; and
‘‘(B) submitted to the Governor for informa-
tion purposes at such time and in such manner
as the Secretary may reasonably require.
‘‘(i) PARTICIPATION BY INTERESTED PARTIES.—
‘‘(1) DEVELOPMENT OF PARTICIPATION PLAN.—
Not less frequently than every 4 years, each metropoli-
tan planning organization shall develop and adopt a
plan for participation in the process for developing
the metropolitan transportation plan and programs
by—
‘‘(A) citizens;
‘‘(B) affected public agencies;
‘‘(C) representatives of public transpor-
tation employees;
‘‘(D) freight shippers;
‘‘(E) providers of freight transportation
services;
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‘‘(F) private providers of transportation;
‘‘(G) representatives of users of public tran-
sit;
‘‘(H) representatives of users of pedestrian
walkways and bicycle transportation facilities;
and
‘‘(I) other interested parties.
‘‘(2) CONTENTS OF PARTICIPATION PLAN.—The
participation plan—
‘‘(A) shall be developed in a manner the
Secretary determines to be appropriate;
‘‘(B) shall be developed in consultation with
all interested parties; and
‘‘(C) shall provide that all interested parties
have reasonable opportunities to comment on—
‘‘(i) the process for developing the
transportation plan; and
‘‘(ii) the contents of the transportation
plan.
‘‘(3) METHODS.—The participation plan shall
provide that the metropolitan planning organization
shall, to the maximum extent practicable—
‘‘(A) hold any public meetings at convenient
and accessible locations and times;