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‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLI-
TAN PLANNING ORGANIZATION.—More than 1 metro-
politan planning organization may be designated
within an existing metropolitan planning area only
if the Governor and the existing metropolitan plan-
ning organization determine that the size and com-
plexity of the existing metropolitan planning area
make designation of more than 1 metropolitan plan-
ning organization for the area appropriate.
‘‘(d) METROPOLITAN PLANNING AREA BOUNDARIES.—
‘‘(1) IN GENERAL.—For the purposes of this sec-
tion, the boundaries of a metropolitan planning area
shall be determined by agreement between the metro-
politan planning organization and the Governor.
‘‘(2) INCLUDED AREA.—Each metropolitan plan-
ning area—
‘‘(A) shall encompass at least the existing
urbanized area and the contiguous area expected
to become urbanized within a 20-year forecast
period for the transportation plan; and
‘‘(B) may encompass the entire metropoli-
tan statistical area or consolidated metropolitan
statistical area, as defined by the Office of Man-
agement and Budget.
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‘‘(3) IDENTIFICATION OF NEW URBANIZED AREAS
WITHIN EXISTING PLANNING AREA BOUNDARIES.—The
designation by the Bureau of the Census of new ur-
banized areas within an existing metropolitan plan-
ning area shall not require the redesignation of the
existing metropolitan planning organization.
‘‘(4) EXISTING METROPOLITAN PLANNING AREAS
IN
NONATTAINMENT.—Notwithstanding 
paragraph
(2), in the case of an urbanized area designated as a
nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et seq.), the
boundaries of the metropolitan planning area in ex-
istence as of the date of enactment of the Federal Pub-
lic Transportation Act of 2005 shall be retained, ex-
cept that the boundaries may be adjusted by agree-
ment of the Governor and affected metropolitan plan-
ning organizations in accordance with paragraph (5).
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN
NONATTAINMENT.—If an urbanized area is designated
after the date of enactment of this paragraph in a
nonattainment area for ozone or carbon monoxide, the
boundaries of the metropolitan planning area—
‘‘(A) shall be established in accordance with
subsection (c)(1);
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‘‘(B) shall encompass the areas described in
paragraph (2)(A);
‘‘(C) may encompass the areas described in
paragraph (2)(B); and
‘‘(D) may address any nonattainment iden-
tified under the Clean Air Act (42 U.S.C. 7401
et seq.) for ozone or carbon monoxide.
‘‘(e) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encour-
age each Governor with responsibility for a portion of
a multistate metropolitan area and the appropriate
metropolitan planning organizations to provide co-
ordinated transportation planning for the entire met-
ropolitan area.
‘‘(2) 
INTERSTATE
COMPACTS.—States 
are
authorized—
‘‘(A) to enter into agreements or compacts
with other States, which agreements or compacts
are not in conflict with any law of the United
States, for cooperative efforts and mutual assist-
ance in support of activities authorized under
this section as the activities pertain to interstate
areas and localities within the States; and
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‘‘(B) to establish such agencies, joint or oth-
erwise, as the States may determine desirable for
making the agreements and compacts effective.
‘‘(3) LAKE TAHOE REGION.—
‘‘(A) DEFINITION.—In this paragraph, the
term ‘Lake Tahoe region’ has the meaning given
the term ‘region’ in subdivision (a) of article II
of the Tahoe Regional Planning Compact, as set
forth in the first section of Public Law 96–551
(94 Stat. 3234).
‘‘(B) TRANSPORTATION
PLANNING
PROC-
ESS.—The Secretary shall—
‘‘(i) establish with the Federal land
management agencies that have jurisdiction
over land in the Lake Tahoe region a trans-
portation planning process for the region;
and
‘‘(ii) coordinate the transportation
planning process with the planning process
required of State and local governments
under this section and section 5304.
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii) and notwithstanding subsection (c), to
carry out the transportation planning proc-
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ess required by this section, California and
Nevada may designate a metropolitan plan-
ning organization for the Lake Tahoe re-
gion, by agreement between the Governor of
the State of California, the Governor of the
State of Nevada, and units of general pur-
pose local government that combined rep-
resent not less than 75 percent of the af-
fected population (including the incor-
porated city or cities named by the Bureau
of the Census in designating the urbanized
area), or in accordance with procedures es-
tablished by applicable State or local law.
‘‘(ii) INVOLVEMENT OF FEDERAL LAND
MANAGEMENT AGENCIES.—
‘‘(I) REPRESENTATION.—The pol-
icy board of a metropolitan planning
organization designated under clause
(i) shall include a representative of
each Federal land management agency
that has jurisdiction over land in the
Lake Tahoe region.
‘‘(II) FUNDING.—In addition to
funds made available to the metropoli-
tan planning organization under other
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provisions of title 23 and this chapter,
not more than 1 percent of the funds
allocated under section 202 of title 23
may be used to carry out the transpor-
tation planning process for the Lake
Tahoe region under this subparagraph.
‘‘(D) ACTIVITIES.—Highway projects in-
cluded in transportation plans developed under
this paragraph—
‘‘(i) shall be selected for funding in a
manner that facilitates the participation of
the Federal land management agencies that
have jurisdiction over land in the Lake
Tahoe region; and
‘‘(ii) may, in accordance with chapter
2 of title 23, be funded using funds allocated
under section 202 of title 23.
‘‘(f) COORDINATION OF METROPOLITAN PLANNING OR-
GANIZATIONS.—
‘‘(1) NONATTAINMENT AREAS.—If more than 1
metropolitan planning organization has authority
within a metropolitan area or an area which is des-
ignated as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401
et seq.), each metropolitan planning organization
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shall consult with the other metropolitan planning or-
ganizations designated for such area and the State in
the coordination of plans required by this section.
‘‘(2) TRANSPORTATION IMPROVEMENTS LOCATED
IN MULTIPLE METROPOLITAN PLANNING AREAS.—If a
transportation improvement funded from the highway
trust fund is located within the boundaries of more
than 1 metropolitan planning area, the metropolitan
planning organizations shall coordinate plans regard-
ing the transportation improvement.
‘‘(3) INTERREGIONAL AND INTERSTATE PROJECT
IMPACTS.—Planning for National Highway System,
commuter rail projects, or other projects with substan-
tial impacts outside a single metropolitan planning
area or State shall be coordinated directly with the
affected, contiguous, metropolitan planning organiza-
tions and States.
‘‘(4) COORDINATION
WITH
OTHER
PLANNING
PROCESSES.—
‘‘(A) IN GENERAL.—The Secretary shall en-
courage each metropolitan planning organiza-
tion to coordinate its planning process, to the
maximum extent practicable, with those officials
responsible for other types of planning activities
that are affected by transportation, including
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State and local land use planning, economic de-
velopment, environmental protection, airport op-
erations, housing, and freight.
‘‘(B) OTHER CONSIDERATIONS.—The metro-
politan planning process shall develop transpor-
tation plans with due consideration of, and in
coordination with, other related planning activi-
ties within the metropolitan area. This should
include the design and delivery of transportation
services within the metropolitan area that are
provided by—
‘‘(i) recipients of assistance under this
chapter;
‘‘(ii) governmental agencies and non-
profit organizations (including representa-
tives of the agencies and organizations) that
receive Federal assistance from a source
other than the Department of Transpor-
tation to provide nonemergency transpor-
tation services; and
‘‘(iii) recipients of assistance under
section 204 of title 23.
‘‘(g) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The goals and objectives de-
veloped through the metropolitan planning process for
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a metropolitan planning area under this section shall
address, in relation to the performance of the metro-
politan area transportation systems—
‘‘(A) supporting the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency, in-
cluding through services provided by public and
private operators;
‘‘(B) increasing the safety of the transpor-
tation system for motorized and nonmotorized
users;
‘‘(C) increasing the security of the transpor-
tation system for motorized and nonmotorized
users;
‘‘(D) increasing the accessibility and mobil-
ity of people and for freight, including through
services provided by public and private opera-
tors;
‘‘(E) protecting and enhancing the environ-
ment (including the protection of habitat, water
quality, and agricultural and forest land, while
minimizing invasive species), promoting energy
conservation, and promoting consistency between
transportation improvements and State and
local land use planning and economic develop-
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ment patterns (including minimizing adverse
health effects from mobile source air pollution
and promoting the linkage of the transportation
and development goals of the metropolitan area);
‘‘(F) 
enhancing 
the 
integration 
and
connectivity of the transportation system, across
and between modes, for people and freight, in-
cluding through services provided by public and
private operators;
‘‘(G) promoting efficient system manage-
ment and operation; and
‘‘(H) emphasizing the preservation and effi-
cient use of the existing transportation system,
including services provided by public and pri-
vate operators.
‘‘(2) SELECTION OF FACTORS.—After soliciting
and considering any relevant public comments, the
metropolitan planning organization shall determine
which of the factors described in paragraph (1) are
most appropriate to consider.
‘‘(3) FAILURE TO CONSIDER FACTORS.—The fail-
ure to consider any factor specified in paragraph (1)
shall not be reviewable by any court under title 23,
this title, subchapter II of chapter 5 of title 5, or
chapter 7 of title 5 in any matter affecting a trans-
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portation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.
‘‘(h) DEVELOPMENT OF TRANSPORTATION PLAN.—
‘‘(1) IN GENERAL.—
‘‘(A) REQUIREMENT.—Each metropolitan
planning organization shall develop a transpor-
tation plan for its metropolitan planning area
in accordance with this subsection, and update
such plan—
‘‘(i) not less frequently than once every
4 years in areas designated as nonattain-
ment, as defined in section 107(d) of the
Clean Air Act (42 U.S.C. 7407(d)), and in
areas that were nonattainment that have
been redesignated as attainment, in accord-
ance with paragraph (3) of such section,
with a maintenance plan under section
175A of the Clean Air Act (42 U.S.C.
7505a); or
‘‘(ii) not less frequently than once
every 5 years in areas designated as attain-
ment, as defined in section 107(d) of the
Clean Air Act.
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‘‘(B) COORDINATION
FACTORS.—In devel-
oping the transportation plan under this section,
each metropolitan planning organization shall
consider the factors described in subsection (f)
over a 20-year forecast period.
‘‘(C) FINANCIAL ESTIMATES.—For the pur-
pose of developing the transportation plan, the
metropolitan planning organization, transit op-
erator, and State shall cooperatively develop esti-
mates of funds that will be available to support
plan implementation.
‘‘(2) MITIGATION ACTIVITIES.—
‘‘(A) IN GENERAL.—A transportation plan
under this subsection shall include a discussion
of—
‘‘(i) 
types 
of 
potential 
habitat,
hydrological, and environmental mitigation
activities that may assist in compensating
for loss of habitat, wetland, and other envi-
ronmental functions; and
‘‘(ii) potential areas to carry out these
activities, including a discussion of areas
that may have the greatest potential to re-
store and maintain the habitat types and