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‘(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 
failure to consider any factor specified in paragraph 
(1) shall not be reviewable by any court under title 
23 or this title, subchapter II of chapter 5 of title 
5, or chapter 7 of title 5 in any matter affecting a 
transportation plan, a TIP, a project or strategy, or 
the certification of a planning process. 
‘(g) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘(2) TRANSPORTATION PLAN.—A transportation 
plan under this section shall be in a form that the 
Secretary determines to be appropriate and shall 
contain, at a minimum, the 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 
integrated metropolitan transportation system, 
giving emphasis to those facilities that serve im-
portant national and regional transportation 
functions. In formulating the transportation 
plan, the metropolitan planning organization
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shall consider factors described in subsection (f) 
as such factors relate to a 20-year forecast pe-
riod. 
‘(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 
recommends any additional financing strategies 
for needed projects and programs. The financial 
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the 
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the 
financial plan were available. For the purpose 
of developing the transportation plan, the met-
ropolitan planning organization, transit oper-
ator, and State shall cooperatively develop esti-
mates of funds that will be available to support 
plan implementation. 
‘(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.
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‘(D) Capital investment and other strate-
gies to preserve the existing and projected fu-
ture 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 
AGENCIES.—In metropolitan areas which are in non-
attainment for ozone or carbon monoxide under the 
Clean Air Act, the metropolitan planning organiza-
tion shall coordinate the development of a transpor-
tation plan with the process for development of the 
transportation control measures of the State imple-
mentation plan required by the Clean Air Act. 
‘(4) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—Before approving a transportation plan, each 
metropolitan planning organization shall provide citi-
zens, 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 fa-
cilities, representatives of the disabled, and other in-
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terested parties 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. 
‘(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 illus-
trative list of additional projects included in the fi-
nancial plan under paragraph (2)(B). 
‘(h) METROPOLITAN TIP.—
‘(1) DEVELOPMENT.—
‘(A) IN
GENERAL.—In cooperation with 
the State and any affected public transportation 
operator, the metropolitan planning organiza-
tion designated for a metropolitan area shall 
develop a TIP for the area for which the orga-
nization is designated.
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‘(B) OPPORTUNITY
FOR
COMMENT.—In 
developing the TIP, the metropolitan planning 
organization, in cooperation with the State and 
any affected public transportation operator, 
shall provide citizens, affected public agencies, 
representatives of public transportation employ-
ees, freight shippers, providers of freight trans-
portation 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 bicycle facilities, and other interested par-
ties 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 
estimates of funds that are reasonably expected 
to be available to support program implementa-
tion. 
‘(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.
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HR 3 IH1S 
‘(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-
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 identi-
fied 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
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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, cat-
egorized as either under one or under three 
congestion relief 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 
projects within the area that are proposed for 
funding under chapter 1 of title 23 and chapter 
53. 
‘(B) PROJECTS
UNDER
CHAPTER
OF 
TITLE
23.—All projects proposed for funding 
under chapter 2 of title 23 shall be identified 
individually 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.
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‘(D) REQUIREMENT OF ANTICIPATED FULL 
FUNDING.—The 
program 
shall 
include 
a 
project, or an identified phase of a project, only 
if full funding can reasonably be anticipated to 
be available for the project within the time pe-
riod contemplated for completion of the project. 
‘(4) NOTICE AND COMMENT.—Before 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 
transportation employees, freight shippers, providers 
of freight transportation services, private providers 
of transportation, representatives of users of public 
transportation, representatives of the disabled, rep-
resentatives of users of pedestrian walkways and bi-
cycle facilities, and other interested parties with rea-
sonable notice of and an opportunity to comment on 
the proposed program. 
‘(5) SELECTION OF PROJECTS.—
‘(A) IN
GENERAL.—Except as otherwise 
provided in subsection (i)(4) and in addition to 
the TIP development required under paragraph 
(1), the selection of federally funded projects in
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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 metropoli-
tan planning organization. 
‘(B) MODIFICATIONS
TO
PROJECT
PRI-
ORITY.—Notwithstanding any other provision of 
law, action by the Secretary shall not be re-
quired to advance a project included in the ap-
proved TIP in place of another project in the 
program. 
‘(6) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—
‘(A) NO REQUIRED SELECTION.—Notwith-
standing paragraph (2)(B)(iv), a State or met-
ropolitan planning organization shall not be re-
quired to select any project from the illustrative 
list of additional projects included in the finan-
cial plan under paragraph (2)(B)(iv).
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HR 3 IH1S 
‘(B) REQUIRED
ACTION
BY
THE
SEC-
RETARY.—Action by the Secretary shall be re-
quired for a State or metropolitan planning or-
ganization to select any project from the illus-
trative list of additional projects included in the 
financial plan under paragraph (2)(B)(iv) for 
inclusion in an approved TIP. 
‘(7) PUBLICATION.—
‘(A) PUBLICATION OF TIPS.—A TIP in-
volving Federal participation shall be published 
or otherwise made readily available by the met-
ropolitan planning organization for public re-
view. 
‘(B) PUBLICATION OF ANNUAL LISTINGS 
OF PROJECTS.—An annual listing of projects 
for which Federal funds have been obligated in 
the preceding year shall be published or other-
wise made available by the metropolitan plan-
ning organization for public review. The listing 
shall be consistent with the categories identified 
in the TIP. 
‘(i) TRANSPORTATION MANAGEMENT AREAS.—
‘(1) IDENTIFICATION AND DESIGNATION.—
‘(A) 
REQUIRED
IDENTIFICATION.—The 
Secretary shall identify as a transportation
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management area each urbanized area (as de-
fined by the Bureau of the Census) with a pop-
ulation of over 200,000 individuals. 
‘(B) DESIGNATIONS
ON
REQUEST.—The 
Secretary shall designate any additional area as 
a transportation management area on the re-
quest of the Governor and the metropolitan 
planning organization designated for the area. 
‘(2) TRANSPORTATION PLANS.—In a metropoli-
tan planning area serving a transportation manage-
ment area, transportation plans shall be based on a 
continuing and comprehensive transportation plan-
ning process carried out by the metropolitan plan-
ning organization in cooperation with the State and 
public transportation operators. 
‘(3) CONGESTION
MANAGEMENT
PROCESS.—
Within a metropolitan planning area serving a trans-
portation management area, the transportation plan-
ning process under this section shall address conges-
tion management through a process that provides 
for effective management and operation, based on a 
cooperatively developed and implemented metropoli-
tan-wide strategy, of new and existing transportation 
facilities eligible for funding under title 23 and chap-
ter 53 through the use of travel demand reduction
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HR 3 IH1S 
and operational management strategies and shall 
identify a sufficient number of congestion relief ac-
tivities under section 139 of title 23 to meet the re-
quirements of such section. The Secretary shall es-
tablish an appropriate phase-in schedule for compli-
ance with the requirements of this section but no 
sooner than one year after the identification of a 
transportation management area. 
‘(4) SELECTION OF PROJECTS.—
‘(A) IN
GENERAL.—All federally funded 
projects carried out within the boundaries of a 
metropolitan planning area serving a transpor-
tation management area under title 23 (exclud-
ing projects carried out on the National High-
way System and projects carried out under the 
bridge program or the Interstate maintenance 
program) or under chapter 53 shall be selected 
for implementation from the approved TIP by 
the metropolitan planning organization des-
ignated for the area in consultation with the 
State and any affected public transportation op-
erator. 
‘(B) 
NATIONAL
HIGHWAY
SYSTEM 
PROJECTS.—Projects, carried out within the 
boundaries of a metropolitan planning area
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HR 3 IH1S 
serving a transportation management area, on 
the National Highway System and projects car-
ried out within such boundaries under the 
bridge program or the Interstate maintenance 
program under title 23 shall be selected for im-
plementation from the approved TIP by the 
State in cooperation with the metropolitan plan-
ning organization designated for the area. 
‘(5) CERTIFICATION.—
‘(A) IN GENERAL.—The Secretary shall—
‘(i) ensure that the metropolitan 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 
‘(ii) subject to subparagraph (B), cer-
tify, not less often than once every 4 years, 
that the requirements of this paragraph 
are met with respect to the metropolitan 
planning process. 
‘(B) 
REQUIREMENTS
FOR
CERTIFI-
CATION.—The Secretary may make the certifi-
cation under subparagraph (A) if—
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‘(i) the transportation planning proc-
ess complies with the requirements of this 
section and other applicable requirements 
of Federal law; and 
‘(ii) there is a TIP for the metropoli-
tan planning area that has been approved 
by the metropolitan planning organization 
and the Governor. 
‘(C) EFFECT OF FAILURE TO CERTIFY.—
‘(i) 
WITHHOLDING
OF
PROJECT 
FUNDS.—If a metropolitan planning proc-
ess of a metropolitan planning organization 
serving a transportation management area 
is not certified, the Secretary may withhold 
up to 20 percent of the funds attributable 
to the metropolitan planning area of the 
metropolitan planning organization for 
projects funded under title 23 and chapter 
53. 
‘(ii) RESTORATION
OF
WITHHELD 
FUNDS.—The withheld funds shall be re-
stored to the metropolitan planning area at 
such time as the metropolitan planning 
process is certified by the Secretary.
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‘(D) 
REVIEW
OF
CERTIFICATION.—In 
making certification determinations under this 
paragraph, the Secretary shall provide for pub-
lic involvement appropriate to the metropolitan 
area under review. 
‘(j) ABBREVIATED PLANS FOR CERTAIN AREAS.—
‘(1) IN GENERAL.—Subject to paragraph (2), in 
the case of a metropolitan area not designated as a 
transportation management area under this section, 
the Secretary may provide for the development of an 
abbreviated transportation plan and TIP for the 
metropolitan 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 
metropolitan area that is in nonattainment for ozone 
or carbon monoxide under the Clean Air Act (42 
U.S.C. 7401 et seq.). 
‘(k) ADDITIONAL
REQUIREMENTS
FOR
CERTAIN 
NONATTAINMENT AREAS.—
‘(1) IN GENERAL.—Notwithstanding any other 
provisions of title 23 or chapter 53, for transpor-
tation management areas classified as nonattain-
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HR 3 IH1S 
ment for ozone or carbon monoxide pursuant to the 
Clean Air Act, Federal funds may not be advanced 
in such area for any highway project that will result 
in a significant increase in the carrying capacity for 
single-occupant vehicles unless the project is ad-
dressed through a congestion management process. 
‘(2) APPLICABILITY.—This subsection applies 
to a nonattainment area within the metropolitan 
planning area boundaries determined under sub-
section (c). 
‘(l) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to confer on 
a metropolitan planning organization the authority to im-
pose legal requirements on any transportation facility, 
provider, or project not eligible under title 23 or chapter 
53. 
‘(m) FUNDING.—
‘(1) SET-ASIDES.—Funds set aside under sec-
tion 104(f) of title 23 or section 5305(h) shall be 
available to carry out this section. 
‘(2) OTHER FUNDING.—Funds made available 
under section 5338(c) shall be available to carry out 
this section. 
‘(n) CONTINUATION
OF CURRENT REVIEW PRAC-
TICE.—Since plans and TIPs described in this section are
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subject to a reasonable opportunity for public comment, 
individual projects included in plans and TIPs are subject 
to review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), and decisions by the Sec-
retary concerning plans and TIPs described in this section 
have not been reviewed under such Act as of January 1, 
1997, any decision by the Secretary concerning a plan or 
TIP described in this section shall not be considered to 
be a Federal action subject to review under such Act. 
‘§ 5214. Statewide Transportation planning 
‘(a) GENERAL REQUIREMENTS.—
‘(1) DEVELOPMENT
OF
PLANS
AND
PRO-
GRAMS.—To accomplish the objectives stated in sec-
tion 5211, each State shall develop a statewide 
transportation plan and a statewide transportation 
improvement program for all areas of the State sub-
ject to section 5213. Such program shall cover a pe-
riod of 4 years and be updated every 4 years or 
more frequently if the Governor elects to update 
more frequently. 
‘(2) CONTENTS.—The statewide transportation 
plan and the transportation improvement program 
developed for each State shall provide for the devel-
opment and integrated management and operation 
of transportation systems and facilities (including
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HR 3 IH1S 
accessible pedestrian walkways and bicycle transpor-
tation facilities) that will function as an intermodal 
transportation system for the State and an integral 
part of an intermodal transportation system for the 
United States. 
‘(3) PROCESS OF DEVELOPMENT.—The process 
for developing the statewide plan and the transpor-
tation improvement program shall provide for con-
sideration of all modes of transportation and the 
policies stated in section 5211, and shall be con-
tinuing, cooperative, and comprehensive to the de-
gree appropriate, based on the complexity of the 
transportation problems to be addressed. 
‘(b) COORDINATION WITH METROPOLITAN PLAN-
NING; STATE IMPLEMENTATION PLAN.—A State shall—
‘(1) coordinate planning carried out under this 
section with the transportation planning activities 
carried out under section 5213 for metropolitan 
areas of the State and with statewide trade and eco-
nomic development planning activities and related 
multistate planning efforts; and 
‘(2) develop the transportation portion of the 
State implementation plan as required by the Clean 
Air Act (42 U.S.C. 7401 et seq.). 
‘(d) SCOPE OF PLANNING PROCESS.—
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‘(1) IN GENERAL.—Each State shall carry out 
a statewide transportation planning process that 
provides for consideration and implementation of 
projects, strategies, and services that will—
‘(A) support the economic vitality of the 
United States, the States, nonmetropolitan 
areas, and metropolitan areas, especially by en-
abling global competitiveness, productivity, and 
efficiency; 
‘(B) increase the safety and security of the 
transportation system for motorized and 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 people and freight;
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HR 3 IH1S 
‘(F) promote efficient system management 
and operation; and 
‘(G) emphasize the preservation of the ex-
isting transportation system. 
‘(2) FAILURE
TO
CONSIDER
FACTORS.—The 
failure to consider any factor specified in paragraph 
(1) shall not be reviewable by any court under title 
23 or this title, subchapter II of chapter 5 of title 
5, or chapter 7 of title 5 in any matter affecting a 
statewide transportation plan, the transportation im-
provement program, a project or strategy, or the 
certification of a planning process. 
‘(e) ADDITIONAL REQUIREMENTS.—In carrying out 
planning under this section, each State shall consider, at 
a minimum—
‘(1) with respect to nonmetropolitan areas, the 
concerns of affected local officials with responsibility 
for transportation; 
‘(2) the concerns of Indian tribal governments 
and Federal land management agencies that have 
jurisdiction over land within the boundaries of the 
State; and 
‘(3) coordination of transportation plans, the 
transportation improvement program, and planning 
activities with related planning activities being car-
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HR 3 IH1S 
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. 
‘(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 
respect 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.
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HR 3 IH1S 
‘(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
PAR-
TIES.—In developing the statewide transportation 
plan, the State shall—
‘(A) provide citizens, affected public agen-
cies, representatives of public transportation 
employees, freight shippers, private providers of 
transportation, representatives of users of pub-
lic transportation, representatives of users of 
pedestrian walkways and bicycle transportation 
facilities, representatives of the disabled, pro-
viders of freight transportation services, and 
other interested parties with a reasonable op-
portunity 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 trans-
portation plan may include a financial plan that
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HR 3 IH1S 
demonstrates how the adopted statewide transpor-
tation plan can be implemented, indicates resources 
from public and private sources that are reasonably 
expected to be made available to carry out the plan, 
and recommends any additional financing strategies 
for needed projects and programs. The financial 
plan may include, for illustrative purposes, addi-
tional projects that would be included in the adopted 
statewide transportation plan if reasonable addi-
tional resources beyond those identified in the finan-
cial plan were available. 
‘(5) SELECTION
OF
PROJECTS
FROM
ILLUS-
TRATIVE LIST.—A State shall not be required to se-
lect any project from the illustrative list of addi-
tional projects included in the financial plan de-
scribed 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 efficient use of the existing transportation sys-
tem. 
‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT 
PROGRAM.—
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HR 3 IH1S 
‘(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 
respect to each nonmetropolitan area in the 
State, the program shall be developed in con-
sultation with affected nonmetropolitan local of-
ficials with responsibility for transportation. 
The Secretary shall not review or approve the 
specific consultation 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 trib-
al government and the Secretary of the Interior. 
‘(3) PARTICIPATION
BY
INTERESTED
PAR-
TIES.—In developing the program, the State shall 
provide citizens, affected public agencies, representa-
tives of public transportation employees, freight
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HR 3 IH1S 
shippers, private providers of transportation, pro-
viders of freight transportation services, representa-
tives of users of public transportation, representa-
tives of users of pedestrian walkways and bicycle 
transportation facilities, representatives of the dis-
abled, and other interested parties with a reasonable 
opportunity to comment 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 
within the boundaries of the State. 
‘(B) PROJECTS
UNDER
CHAPTER
OF 
TITLE
23.—All projects proposed for funding 
under chapter 2 of title 23 shall be identified 
individually 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;
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HR 3 IH1S 
‘(ii) identical to the project or phase 
of the project as described in an approved 
metropolitan 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 car-
ried out in an area designated as non-
attainment 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 
project within the time period contemplated for 
completion of the project. 
‘(E) FINANCIAL
PLAN.—The transpor-
tation improvement program may include a fi-
nancial plan that demonstrates how the ap-
proved transportation improvement program 
can be implemented, indicates resources from 
public and private sources that are reasonably 
expected to be made available to carry out the 
transportation improvement program, and rec-
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HR 3 IH1S 
ommends any additional financing strategies for 
needed projects and programs. The financial 
plan may include, for illustrative purposes, ad-
ditional projects that would be included in the 
adopted transportation plan if reasonable addi-
tional resources beyond those identified in the 
financial plan were available. 
‘(F) SELECTION OF PROJECTS FROM IL-
LUSTRATIVE 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). 
‘(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
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HR 3 IH1S 
for programming and expenditures of funds, in-
cluding transportation enhancement activities, 
required by title 23 and chapter 53. 
‘(H) PRIORITIZATION OF CONGESTION RE-
LIEF ACTIVITIES.—The transportation improve-
ment program shall reflect the priorities for 
congestion relief activities included in the met-
ropolitan transportation plan to meet the re-
quirements 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 
projects carried out under the bridge program or the 
Interstate maintenance program under title 23 or 
sections 5310, 5311, 5316, and 5317), by the State 
in cooperation with the affected nonmetropolitan 
local officials 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 Inter-
state maintenance program under title 23 or under 
sections 5310, 5311, 5316, and 5317 shall be se-
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lected, from the approved statewide transportation 
improvement program, 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 
statewide transportation plans and programs are de-
veloped is consistent with this section and section 
5213. 
‘(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.
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‘(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 regula-
tions 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 intent 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 
comment, since individual projects included in the state-
wide transportation plans and the transportation improve-
ment program are subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.), and since decisions by the Secretary concerning 
statewide transportation plans or the transportation im-
provement program described in this section have not been 
reviewed under such Act as of January 1, 1997, any deci-
sion by the Secretary concerning a metropolitan or state-
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wide transportation plan or the transportation improve-
ment program described in this section shall not be consid-
ered 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 delivery. ..................................
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 Associa-
tion and adopted by the National Governors Associa-
tion, represent a sound basis for interaction among 
the Federal, State, local governments, and Indian 
tribes on environmental matters and should be fol-
lowed in 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.
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(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 bound-
aries for environmental problems. 
(2) PURPOSE.—The purpose of this section is 
to reduce delays in the delivery of highway construc-
tion and public transportation capital projects aris-
ing from the environmental review process, while 
continuing to ensure the protection of the human 
and natural environment. 
(b) PROJECT DEVELOPMENT PROCEDURES.—Chap-
ter 52 of title 49, United States Code, as added by section 
6001(a) of this Act, is amended by adding at the end the 
following: 
‘SUBCHAPTER C—EFFICIENT ENVIRONMENTAL 
REVIEWS FOR PROJECT DECISIONMAKING 
‘§ 5251. Definitions and applicability 
‘(a) DEFINITIONS.—In this section, the following 
definitions apply: