765
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.) as 
of the date of enactment of this paragraph, the bound-
aries of the metropolitan planning area in existence 
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 or-
ganizations 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);
766
‘‘(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 appropriate 
metropolitan planning organizations to provide co-
ordinated transportation planning for the entire met-
ropolitan area. 
‘‘(2) INTERSTATE
COMPACTS.—The consent of 
Congress is granted to any 2 or more States—
‘‘(A) to enter into agreements or compacts, 
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 
‘‘(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.—
767
‘‘(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 5214. 
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), notwithstanding subsection (b), to 
carry out the transportation planning proc-
ess required by this section, the consent of 
Congress is granted to the States of Cali-
fornia and Nevada to designate a metropoli-
tan planning organization for the Lake
768
Tahoe region, by agreement between the 
Governors of the States of California and 
Nevada and units of general purpose local 
government that together represent at least 
75 percent of the affected population (in-
cluding the central city or cities (as defined 
by the Bureau of the Census)), or in accord-
ance with procedures established by applica-
ble 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 
provisions of title 23 and under chap-
ter 53, not more than 1 percent of the 
funds allocated under section 202 of 
title 23 may be used to carry out the
769
transportation planning process for the 
Lake Tahoe region under this subpara-
graph. 
‘‘(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. 
‘‘(e) MPO CONSULTATION IN PLAN AND TIP COORDI-
NATION.—
‘‘(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 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.
770
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED 
IN MULTIPLE MPOS.—If a transportation improve-
ment funded from the Highway Trust Fund or au-
thorized 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 OF-
FICIALS.—The Secretary shall encourage each metro-
politan planning organization to consult with those 
officials responsible for other types of planning activi-
ties that are affected by transportation in the area 
(including State and local planned growth, economic 
development, environmental protection, airport oper-
ations, 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 re-
lated planning activities within the metropolitan 
area, and the process shall provide for the design and 
delivery of transportation services within the metro-
politan area that are provided by—
772
‘‘(D) Protection and enhancement of the en-
vironment, promotion of energy conservation, 
improvement of the quality of life, and pro-
motion of consistency between transportation im-
provements 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. 
‘‘(F) Promotion of efficient system manage-
ment and operation. 
‘‘(G) Emphasis on the preservation of the 
existing transportation system. 
‘‘(2) 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 or 
this title, subchapter II of chapter 5 of title 5, or 
chapter 7 of title 5 in any matter affecting a trans-
portation plan, a TIP, a project or strategy, or the 
certification of a planning process. 
‘‘(g) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘‘(1) IN GENERAL.—Each metropolitan planning 
organization shall prepare, and update no less fre-
quently than every 4 years, a transportation plan for
773
its metropolitan planning area in accordance with 
the requirements of this subsection. 
‘‘(2) TRANSPORTATION PLAN.—A transportation 
plan under this section shall be in a form that the 
Secretary determines to be appropriate and shall con-
tain, 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 in-
tegrated metropolitan transportation system, giv-
ing emphasis to those facilities that serve impor-
tant national and regional transportation func-
tions. In formulating the transportation plan, 
the metropolitan planning organization shall 
consider factors described in subsection (f) as 
such factors relate to a 20-year forecast period. 
‘‘(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 rec-
ommends any additional financing strategies for 
needed projects and programs. The financial 
plan may include, for illustrative purposes, ad-
774
ditional projects that would be included in the 
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the fi-
nancial plan were available. For the purpose of 
developing the transportation plan, the metro-
politan planning organization, transit operator, 
and State shall cooperatively develop estimates of 
funds that will be available to support plan im-
plementation. 
‘‘(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 strate-
gies to preserve the existing and projected future 
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 AGEN-
CIES.—In metropolitan areas which are in nonattain-
ment for ozone or carbon monoxide under the Clean 
Air Act, the metropolitan planning organization shall
775
coordinate the development of a transportation plan 
with the process for development of the transportation 
control measures of the State implementation plan re-
quired by the Clean Air Act. 
‘‘(4) PARTICIPATION BY INTERESTED PARTIES.—
Before approving a transportation plan, each metro-
politan planning organization shall provide citizens, 
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 facilities, rep-
resentatives of the disabled, and other interested par-
ties 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.
776
‘‘(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 illustrative 
list of additional projects included in the financial 
plan under paragraph (2)(B). 
‘‘(h) METROPOLITAN TIP.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—In cooperation with the 
State and any affected public transportation op-
erator, the metropolitan planning organization 
designated for a metropolitan area shall develop 
a TIP for the area for which the organization is 
designated. 
‘‘(B) OPPORTUNITY FOR COMMENT.—In de-
veloping the TIP, the metropolitan planning or-
ganization, in cooperation with the State and 
any affected public transportation operator, shall 
provide citizens, affected public agencies, rep-
resentatives of public transportation employees, 
freight shippers, providers of freight transpor-
tation 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
777
bicycle facilities, and other interested parties 
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 es-
timates of funds that are reasonably expected to 
be available to support program implementation. 
‘‘(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. 
‘‘(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-
778
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 identified 
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 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, categorized 
as either under one or under three congestion re-
lief 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
779
projects within the area that are proposed for 
funding under chapter 1 of title 23 and chapter 
53. 
‘‘(B) PROJECTS
UNDER
CHAPTER
2 OF 
TITLE 23.—All projects proposed for funding 
under chapter 2 of title 23 shall be identified in-
dividually 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. 
‘‘(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 period 
contemplated for completion of the project. 
‘‘(4) NOTICE AND COMMENT.—Before approving 
a TIP, a metropolitan planning organization, in co-
operation with the State and any affected public 
transportation operator, shall provide citizens, af-
fected public agencies, representatives of public trans-
portation employees, freight shippers, providers of 
freight transportation services, private providers of 
transportation, representatives of users of public
780
transportation, representatives of the disabled, rep-
resentatives of users of pedestrian walkways and bicy-
cle facilities, and other interested parties with reason-
able 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 
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 recipients of 
public transportation funding; 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 required 
to advance a project included in the approved 
TIP in place of another project in the program.
781
‘‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—
‘‘(A) NO REQUIRED SELECTION.—Notwith-
standing paragraph (2)(B)(iv), a State or metro-
politan 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). 
‘‘(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 otherwise
782
made available by the metropolitan planning or-
ganization 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 Sec-
retary shall identify as a transportation man-
agement area each urbanized area (as defined by 
the Bureau of the Census) with a population 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 plan-
ning 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-
783
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 coop-
eratively developed and implemented metropolitan-
wide strategy, of new and existing transportation fa-
cilities eligible for funding under title 23 and chapter 
53 through the use of travel demand reduction and 
operational management strategies and shall identify 
a sufficient number of congestion relief activities 
under section 139 of title 23 to meet the requirements 
of such section. The Secretary shall establish an ap-
propriate phase-in schedule for compliance with the 
requirements of this section but no sooner than one 
year after the identification of a transportation man-
agement 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
784
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 serv-
ing a transportation management area, on the 
National Highway System and projects carried 
out within such boundaries under the bridge pro-
gram or the Interstate maintenance program 
under title 23 shall be selected for implementa-
tion from the approved TIP by the State in co-
operation with the metropolitan planning orga-
nization designated for the area. 
‘‘(5) CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan plan-
ning process of a metropolitan planning or-
ganization serving a transportation man-
agement area is being carried out in ac-
cordance with applicable provisions of Fed-
eral law; and
785
‘‘(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 plan-
ning process. 
‘‘(B) 
REQUIREMENTS
FOR
CERTIFI-
CATION.—The Secretary may make the certifi-
cation under subparagraph (A) if—
‘‘(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 met-
786
ropolitan 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. 
‘‘(D) REVIEW OF CERTIFICATION.—In mak-
ing certification determinations under this para-
graph, the Secretary shall provide for public in-
volvement 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 section, 
the Secretary may provide for the development of an 
abbreviated transportation plan and TIP for the met-
ropolitan planning area that the Secretary deter-
mines is appropriate to achieve the purposes of this 
section, taking into account the complexity of trans-
portation problems in the area. 
‘‘(2) NONATTAINMENT
AREAS.—The Secretary 
may not permit abbreviated plans or TIPs for a met-
ropolitan area that is in nonattainment for ozone or
787
carbon monoxide under the Clean Air Act (42 U.S.C. 
7401 et seq.). 
‘‘(k) ADDITIONAL REQUIREMENTS FOR CERTAIN NON-
ATTAINMENT AREAS.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provisions of title 23 or chapter 53, for transportation 
management areas classified as nonattainment 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 signifi-
cant increase in the carrying capacity for single-occu-
pant vehicles unless the project is addressed through 
a congestion management process. 
‘‘(2) APPLICABILITY.—This subsection applies to 
a nonattainment area within the metropolitan plan-
ning area boundaries determined under subsection 
(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, pro-
vider, or project not eligible under title 23 or chapter 53. 
‘‘(m) FUNDING.—
788
‘‘(1) SET-ASIDES.—Funds set aside under section 
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 
subject to a reasonable opportunity for public comment, in-
dividual 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 PROGRAMS.—
To accomplish the objectives stated in section 5211, 
each State shall develop a statewide transportation 
plan and a statewide transportation improvement 
program for all areas of the State subject to section 
5213.
789
‘‘(2) CONTENTS.—The statewide transportation 
plan and the transportation improvement program 
developed for each State shall provide for the develop-
ment and integrated management and operation of 
transportation systems and facilities (including acces-
sible pedestrian walkways and bicycle transportation 
facilities) that will function as an intermodal trans-
portation 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 consid-
eration of all modes of transportation and the policies 
stated in section 5211, and shall be continuing, coop-
erative, and comprehensive to the degree appropriate, 
based on the complexity of the transportation prob-
lems to be addressed. 
‘‘(b) COORDINATION WITH METROPOLITAN PLANNING; 
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 economic
790
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.). 
‘‘(c) INTERSTATE AGREEMENTS.—The consent of Con-
gress is granted to 2 or more States entering into agree-
ments or compacts, not in conflict with any law of the 
United States, for cooperative efforts and mutual assistance 
in support of activities authorized under this section related 
to interstate areas and localities in the States and estab-
lishing authorities the States consider desirable for making 
the agreements and compacts effective. 
‘‘(d) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out a 
statewide transportation planning process that pro-
vides 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 enabling 
global competitiveness, productivity, and effi-
ciency;
791
‘‘(B) increase the safety and security of the 
transportation system for motorized and non-
motorized 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 peo-
ple and freight; 
‘‘(F) promote efficient system management 
and operation; and 
‘‘(G) emphasize the preservation of the exist-
ing transportation system. 
‘‘(2) 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 or 
this title, subchapter II of chapter 5 of title 5, or 
chapter 7 of title 5 in any matter affecting a state-
wide transportation plan, the transportation im-
792
provement program, a project or strategy, or the cer-
tification 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 ju-
risdiction 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-
ried out outside of metropolitan planning areas and 
between States. 
‘‘(f) 
LONG-RANGE
STATEWIDE
TRANSPORTATION 
PLAN.—
‘‘(1) DEVELOPMENT.—Each State shall develop a 
long-range statewide transportation plan, with a 
minimum 20-year forecast period for all areas of the 
State, that provides for the development and imple-
mentation of the intermodal transportation system of 
the State.
793
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN
AREAS.—The state-
wide transportation plan shall be developed for 
each metropolitan area in the State in coopera-
tion with the metropolitan planning organiza-
tion designated for the metropolitan area under 
section 5213. 
‘‘(B) NONMETROPOLITAN AREAS.—With re-
spect to nonmetropolitan areas, the statewide 
transportation plan shall be developed in con-
sultation with affected nonmetropolitan officials 
with responsibility for transportation. The Sec-
retary shall not review or approve the consulta-
tion process in each State. 
‘‘(C) INDIAN TRIBAL AREAS.—With respect 
to each area of the State under the jurisdiction 
of an Indian tribal government, the statewide 
transportation plan shall be developed in con-
sultation with the tribal government and the 
Secretary of the Interior. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
In developing the statewide transportation plan, the 
State shall—
‘‘(A) provide citizens, affected public agen-
cies, representatives of public transportation em-
794
ployees, freight shippers, private providers of 
transportation, representatives of users of public 
transportation, representatives of users of pedes-
trian walkways and bicycle transportation fa-
cilities, representatives of the disabled, providers 
of freight transportation services, and other in-
terested parties with a reasonable opportunity to 
comment on the proposed plan; and 
‘‘(B) identify transportation strategies nec-
essary to efficiently serve the mobility needs of 
people. 
‘‘(4) FINANCIAL PLAN.—The statewide transpor-
tation plan may include a financial plan that dem-
onstrates how the adopted statewide transportation 
plan can be implemented, indicates resources from 
public and private sources that are reasonably ex-
pected 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, additional 
projects that would be included in the adopted state-
wide transportation plan if reasonable additional re-
sources beyond those identified in the financial plan 
were available.
795
‘‘(5) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—A State shall not be required to select 
any project from the illustrative list of additional 
projects included in the financial plan described in 
paragraph (4). 
‘‘(6) EXISTING
SYSTEM.—The statewide trans-
portation plan should include capital, operations and 
management strategies, investments, procedures, and 
other measures to ensure the preservation and most ef-
ficient use of the existing transportation system. 
‘‘(g) STATEWIDE
TRANSPORTATION
IMPROVEMENT 
PROGRAM.—
‘‘(1) DEVELOPMENT.—Each State shall develop a 
statewide transportation improvement program for 
all areas of the State. 
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—With respect 
to each metropolitan area in the State, the pro-
gram shall be developed in cooperation with the 
metropolitan planning organization designated 
for the metropolitan area under section 5213. 
‘‘(B) NONMETROPOLITAN AREAS.—With re-
spect to each nonmetropolitan area in the State, 
the program shall be developed in consultation 
with affected nonmetropolitan local officials with
796
responsibility for transportation. The Secretary 
shall not review or approve the specific consulta-
tion process in the State. 
‘‘(C) INDIAN TRIBAL AREAS.—With respect 
to each area of the State under the jurisdiction 
of an Indian tribal government, the program 
shall be developed in consultation with the tribal 
government and the Secretary of the Interior. 
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—
In developing the program, the State shall provide 
citizens, affected public agencies, representatives of 
public transportation employees, freight shippers, pri-
vate providers of transportation, providers of freight 
transportation services, representatives of users of 
public transportation, representatives of users of pe-
destrian walkways and bicycle transportation facili-
ties, representatives of the disabled, and other inter-
ested parties with a reasonable opportunity to com-
ment on the proposed program. 
‘‘(4) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation im-
provement program developed under this sub-
section for a State shall include federally sup-
ported surface transportation expenditures with-
in the boundaries of the State.
797
‘‘(B) PROJECTS
UNDER
CHAPTER
2 OF 
TITLE 23.—All projects proposed for funding 
under chapter 2 of title 23 shall be identified in-
dividually in the transportation improvement 
program. 
‘‘(C) 
CONSISTENCY
WITH
STATEWIDE 
TRANSPORTATION PLAN.—Each project shall be—
‘‘(i) consistent with the statewide 
transportation plan developed under this 
section for the State; 
‘‘(ii) identical to the project or phase of 
the project as described in an approved met-
ropolitan transportation plan; and 
‘‘(iii) in conformance with the applica-
ble State air quality implementation plan 
developed under the Clean Air Act (42 
U.S.C. 7401 et seq.), if the project is carried 
out in an area designated as nonattainment 
for ozone or carbon monoxide under that 
Act. 
‘‘(D) REQUIREMENT OF ANTICIPATED FULL 
FUNDING.—The 
transportation 
improvement 
program shall include a project, or an identified 
phase of a project, only if full funding can rea-
sonably be anticipated to be available for the
798
project within the time period contemplated for 
completion of the project. 
‘‘(E) FINANCIAL PLAN.—The transportation 
improvement program may include a financial 
plan that demonstrates how the approved trans-
portation improvement program can be imple-
mented, indicates resources from public and pri-
vate sources that are reasonably expected to be 
made available to carry out the transportation 
improvement program, and recommends any ad-
ditional financing strategies for needed projects 
and programs. The financial plan may include, 
for illustrative purposes, additional projects that 
would be included in the adopted transportation 
plan if reasonable additional resources beyond 
those identified in the financial plan were avail-
able. 
‘‘(F) SELECTION OF PROJECTS FROM ILLUS-
TRATIVE LIST.—
‘‘(i) NO REQUIRED SELECTION.—Not-
withstanding subparagraph (E), a State 
shall not be required to select any project 
from the illustrative list of additional 
projects included in the financial plan 
under subparagraph (E).
799
‘‘(ii) REQUIRED ACTION BY THE SEC-
RETARY.—Action by the Secretary shall be 
required for a State to select any project 
from the illustrative list of additional 
projects included in the financial plan 
under subparagraph (E) for inclusion in an 
approved transportation improvement pro-
gram. 
‘‘(G) PRIORITIES.—The transportation im-
provement program shall reflect the priorities for 
programming and expenditures of funds, includ-
ing transportation enhancement activities, re-
quired by title 23 and chapter 53. 
‘‘(H) PRIORITIZATION OF CONGESTION RE-
LIEF ACTIVITIES.—The transportation improve-
ment program shall reflect the priorities for con-
gestion relief activities included in the metropoli-
tan transportation plan to meet the requirements 
of section 139 of title 23. 
‘‘(5) PROJECT SELECTION FOR AREAS OF LESS 
THAN 50,000 POPULATION.—Projects carried out in 
areas with populations of less than 50,000 individ-
uals shall be selected, from the approved transpor-
tation improvement program (excluding projects car-
ried out on the National Highway System and
800
projects carried out under the bridge program or the 
Interstate maintenance program under title 23 or sec-
tions 5310, 5311, 5316, and 5317), by the State in co-
operation with the affected nonmetropolitan local offi-
cials with responsibility for transportation. Projects 
carried out in areas with populations of less than 
50,000 individuals on the National Highway System 
or under the bridge program or the Interstate mainte-
nance program under title 23 or under sections 5310, 
5311, 5316, and 5317 shall be selected, from the ap-
proved statewide transportation improvement pro-
gram, by the State in consultation with the affected 
nonmetropolitan local officials with responsibility for 
transportation. 
‘‘(6) TRANSPORTATION IMPROVEMENT PROGRAM 
APPROVAL.—Every 4 years, a transportation im-
provement program developed under this subsection 
shall be reviewed and approved by the Secretary if 
based on a current planning finding. 
‘‘(7) PLANNING
FINDING.—A finding shall be 
made by the Secretary at least every 4 years that the 
transportation planning process through which state-
wide transportation plans and programs are devel-
oped is consistent with this section and section 5213.
801
‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.—
Notwithstanding any other provision of law, action 
by the Secretary shall not be required to advance a 
project included in the approved transportation im-
provement program in place of another project in the 
program. 
‘‘(h) FUNDING.—
‘‘(1) SET-ASIDE.—Funds set aside pursuant to 
section 104(i) of title 23 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. 
‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON-
GESTION MANAGEMENT PROCESSES.—For purposes of this 
section and section 5213, State laws, rules, or regulations 
pertaining to congestion management systems or programs 
may constitute the congestion management process under 
section 5213(i)(3) if the Secretary finds that the State laws, 
rules, or regulations are consistent with, and fulfill the in-
tent of, the purposes of section 5213, as appropriate. 
‘‘(j) CONTINUATION
OF
CURRENT
REVIEW
PRAC-
TICE.—Since the statewide transportation plan and the 
transportation improvement program described in this sec-
tion are subject to a reasonable opportunity for public com-
802
ment, since individual projects included in the statewide 
transportation plans and the transportation improvement 
program are subject to review under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
since decisions by the Secretary concerning statewide trans-
portation plans or the transportation improvement pro-
gram described in this section have not been reviewed under 
such Act as of January 1, 1997, any decision by the Sec-
retary concerning a metropolitan or statewide transpor-
tation plan or the transportation improvement program de-
scribed in this section shall not be considered to be a Federal 
action subject to review under such Act.’’. 
(b) CONFORMING AMENDMENT.—The analysis for such 
subtitle is amended by inserting the following after the item 
relating to chapter 51:
‘‘52. TRANSPORTATION
PLANNING
AND
PROJECT
DE-
LIVERY.
5201’’.
SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR 
PROJECT DECISIONMAKING. 
(a) POLICY AND PURPOSE.—
(1) POLICY.—The Enlibra principles, as ini-
tially developed by the Western Governors Association 
and adopted by the National Governors Association, 
represent a sound basis for interaction among the 
Federal, State, local governments, and Indian tribes 
on environmental matters and should be followed in
803
the development of highway construction and public 
transit improvements. These principles are as follows: 
(A) Assign responsibilities at the right level. 
(B) Use collaborative processes to break 
down barriers and find solutions. 
(C) Move to a performance-based system. 
(D) Separate subjective choices from objec-
tive data gathering. 
(E) Pursue economic incentives whenever 
appropriate. 
(F) Ensure environmental understanding. 
(G) Make sure environmental decisions are 
fully informed. 
(H) Use appropriate geographic boundaries 
for environmental problems. 
(2) PURPOSE.—The purpose of this section is to 
reduce delays in the delivery of highway construction 
and public transportation capital projects arising 
from the environmental review process, while con-
tinuing to ensure the protection of the human and 
natural environment. 
(b) PROJECT DEVELOPMENT PROCEDURES.—Chapter 
52 of title 49, United States Code, as added by section 6001 
of this Act, is amended by adding at the end the following:
804
‘‘SUBCHAPTER C—EFFICIENT ENVIRONMENTAL 
REVIEWS FOR PROJECT DECISIONMAKING 
‘‘§ 5251. Definitions and applicability 
‘‘(a) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) AGENCY.—The term ‘agency’ means any 
agency, department, or other unit of Federal, State, 
local, or Indian tribal government. 
‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.—The 
term ‘environmental impact statement’ means the de-
tailed statement of environmental impacts required to 
be prepared under the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(3) ENVIRONMENTAL REVIEW PROCESS.—
‘‘(A) IN
GENERAL.—The term ‘environ-
mental review process’ means the process for pre-
paring for a project an environmental impact 
statement, environmental assessment, categorical 
exclusion, or other document prepared under the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(B) INCLUSIONS.—The term includes the 
process for and completion of any environmental 
permit, approval, review, or study required for a 
project under any Federal law other than the
805
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
‘‘(4) LEAD
AGENCY.—The term ‘lead agency’ 
means the Department of Transportation and, if ap-
plicable, any State or local governmental entity serv-
ing as a joint lead agency pursuant to this section. 
‘‘(5) 
MULTIMODAL
PROJECT.—The 
term 
‘multimodal project’ means a project funded, in whole 
or in part, under title 23 or chapter 53 and involving 
the participation of more than one Department of 
Transportation administration or agency. 
‘‘(6) PROJECT.—The term ‘project’ means any 
highway 
project, 
public 
transportation 
capital 
project, or multimodal project that requires the ap-
proval of the Secretary. 
‘‘(7) PROJECT
SPONSOR.—The term ‘project 
sponsor’ means the agency or other entity, including 
any private or public-private entity, that seeks ap-
proval of the Secretary for a project. 
‘‘(8) STATE
TRANSPORTATION
DEPARTMENT.—
The term ‘State transportation department’ means 
any statewide agency of a State with responsibility 
for one or more modes of transportation. 
‘‘(b) APPLICABILITY.—This subchapter is applicable to 
all projects for which an environmental impact statement
806
is prepared under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). This subchapter may be 
applied, to the extent determined appropriate by the Sec-
retary, to other projects for which an environmental docu-
ment is prepared pursuant to such Act. Any authorities 
granted in this subchapter may be exercised for a project, 
class of projects, or program of projects. 
‘‘§ 5252. Project development procedures 
‘‘(a) LEAD AGENCIES.—
‘‘(1) FEDERAL LEAD AGENCY.—The Department 
of Transportation shall be the Federal lead agency in 
the environmental review process for a project. 
‘‘(2) PROJECT SPONSOR AS JOINT LEAD AGEN-
CY.—Any project sponsor that is a State or local gov-
ernmental entity receiving funds under title 23 or 
chapter 53 for the project shall serve as a joint lead 
agency with the Department for purposes of pre-
paring any environmental document under the Na-
tional Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) and may prepare any such environ-
mental document required in support of any action or 
approval by the Secretary if the Federal lead agency 
furnishes guidance in such preparation and inde-
pendently evaluates such document and the document 
is approved and adopted by the Secretary prior to the
807
Secretary taking any subsequent action or making 
any approval based on such document, whether or not 
the Secretary’s action or approval results in Federal 
funding. 
‘‘(3) ENSURING
COMPLIANCE.—The Secretary 
shall ensure that the project sponsor complies with all 
design and mitigation commitments made jointly by 
the Secretary and the project sponsor in any environ-
mental document prepared by the project sponsor in 
accordance with this subsection and that such docu-
ment is appropriately supplemented if project changes 
become necessary. 
‘‘(4) ADOPTION AND USE OF DOCUMENTS.—Any 
environmental document prepared in accordance with 
this subsection may be adopted or used by any Fed-
eral agency making any approval to the same extent 
that such Federal agency could adopt or use a docu-
ment prepared by another Federal agency. 
‘‘(b) PARTICIPATING AGENCIES.—
‘‘(1) IN GENERAL.—The lead agency shall be re-
sponsible for inviting and designating participating 
agencies in accordance with this subsection. 
‘‘(2) INVITATION.—The lead agency shall iden-
tify, as early as practicable in the environmental re-
view process for a project, any other Federal and non-
808
Federal agencies that may have an interest in the 
project, and shall invite such agencies to become par-
ticipating agencies in the environmental review proc-
ess for the project. The invitation shall set a deadline 
for responses to be submitted. The deadline may be ex-
tended by the lead agency for good cause. 
‘‘(3) FEDERAL PARTICIPATING AGENCIES.—Any 
Federal agency that is invited by the lead agency to 
participate in the environmental review process for a 
project shall be designated as a participating agency 
by the lead agency unless the invited agency informs 
the lead agency, in writing, by the deadline specified 
in the invitation that the invited agency—
‘‘(A) has no jurisdiction or authority with 
respect to the project; 
‘‘(B) has no expertise or information rel-
evant to the project; and 
‘‘(C) does not intend to submit comments on 
the project. 
‘‘(4) EFFECT OF DESIGNATION.—Designation as 
a participating agency under this subsection shall not 
imply that the participating agency—
‘‘(A) supports a proposed project; or
809
‘‘(B) has any jurisdiction over, or special 
expertise with respect to evaluation of, the 
project. 
‘‘(5) COOPERATING
AGENCY.—A participating 
agency may also be designated by a lead agency as 
a ‘cooperating agency’ under the regulations con-
tained in part 1500 of title 40, Code of Federal Regu-
lations. 
‘‘(6) 
DESIGNATIONS
FOR
CATEGORIES
OF 
PROJECTS.—The Secretary may exercise the authori-
ties granted under this subsection for a project, class 
of projects, or program of projects. 
‘‘(c) PROJECT INITIATION.—
‘‘(1) IN
GENERAL.—The project sponsor shall 
initiate the environmental review process for a project 
by submitting an initiation notice to the Secretary. 
‘‘(2) CONTENTS OF NOTICE.—The initiation no-
tice shall include, at a minimum, a brief description 
of the type of work, termini, length, and general loca-
tion of the proposed project, together with a statement 
of any Federal approvals anticipated to be needed for 
the project. 
‘‘(d) PURPOSE AND NEED.—
‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review process, the lead
810
agency shall provide an opportunity for involvement 
by participating agencies and the public in defining 
the purpose and need for a project. 
‘‘(2) 
DEFINITION.—Following 
participation 
under paragraph (1), the lead agency shall define the 
project’s purpose and need for purposes of any docu-
ment which the lead agency is responsible for pre-
paring for the project. 
‘‘(3) OBJECTIVES.—The statement of purpose 
and need shall include a clear statement of the objec-
tives that the proposed action is intended to achieve, 
which may include—
‘‘(A) achieving a transportation objective 
identified in an applicable statewide or metro-
politan transportation plan; 
‘‘(B) supporting land use, economic develop-
ment, or growth objectives established in applica-
ble Federal, State, local, or tribal plans; and 
‘‘(C) serving national defense, national se-
curity, or other national objectives, as established 
in Federal laws, plans, or policies. 
‘‘(e) ALTERNATIVES ANALYSIS.—
‘‘(1) PARTICIPATION.—As early as practicable 
during the environmental review process, the lead 
agency shall provide an opportunity for involvement