H. R. 3—698
‘‘(B) officials of public agencies that administer or 
operate major modes of transportation in the metropolitan 
area; and 
‘‘(C) appropriate State officials. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUCTION.—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 responsibil-
ities to—
‘‘(A) develop the plans and TIPs for adoption by a 
metropolitan planning organization; and 
‘‘(B) develop long-range capital plans, coordinate 
transit services and projects, and carry out other activities 
pursuant to State law. 
‘‘(4) CONTINUING DESIGNATION.—A designation of a metro-
politan planning organization under this subsection or any 
other provision of law shall remain in effect until the metropoli-
tan planning organization is redesignated under paragraph (5). 
‘‘(5) REDESIGNATION
PROCEDURES.—A metropolitan plan-
ning organization may be redesignated by agreement between 
the Governor and units of general purpose local government 
that together represent 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 section. 
‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING 
ORGANIZATION.—More than 1 metropolitan planning organiza-
tion may be designated within an existing metropolitan plan-
ning area only if the Governor and the existing metropolitan 
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. 
‘‘(e) METROPOLITAN PLANNING AREA BOUNDARIES.—
‘‘(1) IN GENERAL.—For the purposes of this section, the 
boundaries of a metropolitan planning area shall be determined 
by agreement between the metropolitan planning organization 
and the Governor. 
‘‘(2) INCLUDED AREA.—Each metropolitan planning 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 metropolitan 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 BOUNDARIES.—The designation by the 
Bureau of the Census of new urbanized areas within an existing 
metropolitan planning area shall not require the redesignation 
of the existing metropolitan planning organization. 
‘‘(4) EXISTING
METROPOLITAN
PLANNING
AREAS
IN
NON-
ATTAINMENT.—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.) as of the date of enactment of the SAFETEA–
H. R. 3—699
LU, the boundaries of the metropolitan planning area in exist-
ence as of such date of enactment shall be retained; except 
that the boundaries may be adjusted by agreement of the 
Governor and affected metropolitan planning organizations in 
the manner described in subsection (d)(5). 
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAIN-
MENT.—In the case of an urbanized area designated after the 
date of enactment of the SAFETEA–LU, as a nonattainment 
area for ozone or carbon monoxide, the boundaries of the metro-
politan planning area—
‘‘(A) shall be established in the manner described in 
subsection (d)(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. 
‘‘(f) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encourage each Gov-
ernor with responsibility for a portion of a multistate metropoli-
tan area and the appropriate metropolitan planning organiza-
tions to provide coordinated transportation planning for the 
entire metropolitan area. 
‘‘(2) INTERSTATE COMPACTS.—The consent of Congress is 
granted to any two or more States—
‘‘(A) to enter into agreements or compacts, not in con-
flict with any law of the United States, for cooperative 
efforts and mutual assistance in support of activities 
authorized under this section as the activities pertain to 
interstate areas and localities within the States; and 
‘‘(B) to establish such agencies, joint or otherwise, as 
the States may determine desirable for making the agree-
ments 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 Plan-
ning Compact, as set forth in the first section of Public 
Law 96–551 (94 Stat. 3234). 
‘‘(B) TRANSPORTATION
PLANNING
PROCESS.—The Sec-
retary shall—
‘‘(i) establish with the Federal land management 
agencies that have jurisdiction over land in the Lake 
Tahoe region a transportation 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 135. 
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN GENERAL.—Subject to clause (ii), and not-
withstanding subsection (b), to carry out the transpor-
tation planning process required by this section, the 
consent of Congress is granted to the States of Cali-
fornia and Nevada to designate a metropolitan plan-
ning organization for the Lake Tahoe region, by agree-
ment between the Governors of the States of California
H. R. 3—700
and Nevada and units of general purpose local govern-
ment that together represent at least 75 percent of 
the affected population (including the central city or 
cities (as defined by the Bureau of the Census)), or 
in 
accordance 
with 
procedures 
established 
by 
applicable State or local law. 
‘‘(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT 
AGENCIES.—
‘‘(I) REPRESENTATION.—The policy 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 metropolitan planning organiza-
tion for the Lake Tahoe region under other provi-
sions of this title and under chapter 53 of title 
49, 1 percent of the funds allocated under section 
202 shall be used to carry out the transportation 
planning 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, be funded 
using funds allocated under section 202. 
‘‘(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 1 metropolitan 
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 metro-
politan 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 chapter 53 of title 49, 
is located within the boundaries of more than 1 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
H. R. 3—701
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 chapter 53 of title 
49; 
‘‘(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. 
‘‘(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 title or chapter 53 of title 49, 
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 and update a transportation plan for its metro-
politan planning area in accordance with the requirements 
of this subsection. 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