23 U.S.C. § 134 : US Code - Section 134: Metropolitan transportation planning

Search 23 U.S.C. § 134 : US Code - Section 134: Metropolitan transportation planning

(a) Policy. - It is in the national interest to -
(1) encourage and promote the safe and efficient management,
operation, and development of surface transportation systems that
will serve the mobility needs of people and freight and foster
economic growth and development within and between States and
urbanized areas, while minimizing transportation-related fuel
consumption and air pollution through metropolitan and statewide
transportation planning processes identified in this chapter; and
(2) encourage the continued improvement and evolution of the
metropolitan and statewide transportation planning processes by
metropolitan planning organizations, State departments of
transportation, and public transit operators as guided by the
planning factors identified in subsection (h) and section 135(d).
(b) Definitions. - In this section and section 135, the following
definitions apply:
(1) Metropolitan planning area. - The term "metropolitan
planning area" means the geographic area determined by agreement
between the metropolitan planning organization for the area and
the Governor under subsection (e).
(2) Metropolitan planning organization. - The term
"metropolitan planning organization" means the policy board of an
organization created as a result of the designation process in
subsection (d).
(3) Nonmetropolitan area. - The term "nonmetropolitan area"
means a geographic area outside designated metropolitan planning
areas.
(4) Nonmetropolitan local official. - The term "nonmetropolitan
local official" means elected and appointed officials of general
purpose local government in a nonmetropolitan area with
responsibility for transportation.
(5) TIP. - The term "TIP" means a transportation improvement
program developed by a metropolitan planning organization under
subsection (j).
(6) Urbanized area. - The term "urbanized area" means a
geographic area with a population of 50,000 or more, as
designated by the Bureau of the Census.
(c) General Requirements. -
(1) Development of long-range plans and tips. - To accomplish
the objectives in subsection (a), metropolitan planning
organizations designated under subsection (d), in cooperation
with the State and public transportation operators, shall develop
long-range transportation plans and transportation improvement
programs for metropolitan planning areas of the State.
(2) Contents. - The plans and TIPs for each metropolitan area
shall provide for the development and integrated management and
operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the metropolitan planning area and as an integral part
of an intermodal transportation system for the State and the
United States.
(3) Process of development. - The process for developing the
plans and TIPs shall provide for consideration of all modes of
transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity
of the transportation problems to be addressed.
(d) Designation of Metropolitan Planning Organizations. -
(1) In general. - To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with a
population of more than 50,000 individuals -
(A) by agreement between the Governor and units of general
purpose local government that together represent at least 75
percent of the affected population (including the largest
incorporated city (based on population) as named by the Bureau
of the Census); or
(B) in accordance with procedures established by applicable
State or local law.
(2) Structure. - Each metropolitan planning organization that
serves an area designated as a transportation management area,
when designated or redesignated under this subsection, shall
consist of -
(A) local elected officials;
(B) officials of public agencies that administer or operate
major modes of transportation in the metropolitan area; and
(C) appropriate State officials.
(3) Limitation on statutory construction. - Nothing in this
subsection shall be construed to interfere with the authority,
under any State law in effect on December 18, 1991, of a public
agency with multimodal transportation responsibilities to -
(A) develop the plans and TIPs for adoption by a metropolitan
planning organization; and
(B) develop long-range capital plans, coordinate transit
services and projects, and carry out other activities pursuant
to State law.
(4) Continuing designation. - A designation of a metropolitan
planning organization under this subsection or any other
provision of law shall remain in effect until the metropolitan
planning organization is redesignated under paragraph (5).
(5) Redesignation procedures. - A metropolitan planning
organization may be redesignated by agreement between the
Governor and units of general purpose local government that
together represent at least 75 percent of the existing planning
area population (including the largest incorporated city (based
on population) as named by the Bureau of the Census) as
appropriate to carry out this section.
(6) Designation of more than 1 metropolitan planning
organization. - More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning area
only if the Governor and the existing metropolitan planning
organization determine that the size and complexity of the
existing metropolitan planning area make designation of more than
1 metropolitan planning organization for the area appropriate.
(e) Metropolitan Planning Area Boundaries. -
(1) In general. - For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined by
agreement between the metropolitan planning organization and the
Governor.
(2) Included area. - Each metropolitan planning area -
(A) shall encompass at least the existing urbanized area and
the contiguous area expected to become urbanized within a 20-
year forecast period for the transportation plan; and
(B) may encompass the entire metropolitan statistical area or
consolidated metropolitan statistical area, as defined by the
Bureau of the Census.
(3) Identification of new urbanized areas within existing
planning area boundaries. - The designation by the Bureau of the
Census of new urbanized areas within an existing metropolitan
planning area shall not require the redesignation of the existing
metropolitan planning organization.
(4) Existing metropolitan planning areas in 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 the SAFETEA-LU, the boundaries 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 organizations in the manner described in subsection
(d)(5).
(5) New metropolitan planning areas in nonattainment. - In the
case of an urbanized area designated after the date of enactment
of the SAFETEA-LU, as a nonattainment area for ozone or carbon
monoxide, the boundaries of the metropolitan planning area -
(A) shall be established in the manner described in
subsection (d)(1);
(B) shall encompass the areas described in paragraph (2)(A);
(C) may encompass the areas described in paragraph (2)(B);
and
(D) may address any nonattainment area identified under the
Clean Air Act for ozone or carbon monoxide.
(f) Coordination in Multistate Areas. -
(1) In general. - The Secretary shall encourage each Governor
with responsibility for a portion of a multistate metropolitan
area and the appropriate metropolitan planning organizations to
provide coordinated transportation planning for the entire
metropolitan area.
(2) Interstate compacts. - The consent of Congress is granted
to any two or more States -
(A) to enter into agreements or compacts, not in conflict
with any law of the United States, for cooperative efforts and
mutual assistance in support of activities authorized under
this section as the activities pertain to interstate areas and
localities within the States; and
(B) to establish such agencies, joint or otherwise, as the
States may determine desirable for making the 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 process. - The Secretary shall -
(i) establish with the Federal land management agencies
that have jurisdiction over land in the Lake Tahoe region a
transportation planning process for the region; and
(ii) coordinate the transportation planning process with
the planning process required of State and local governments
under this section and section 135.
(C) Interstate compact. -
(i) In general. - Subject to clause (ii), and
notwithstanding subsection (b), to carry out the
transportation planning process required by this section, the
consent of Congress is granted to the States of California
and Nevada to designate a metropolitan planning organization
for the Lake 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 (including the central
city or cities (as defined by the Bureau of the Census)), or
in accordance with procedures established by applicable State
or local law.
(ii) Involvement of federal land management agencies. -
(I) Representation. - The policy board of a metropolitan
planning organization designated under clause (i) shall
include a representative of each Federal land management
agency that has jurisdiction over land in the Lake Tahoe
region.
(II) Funding. - In addition to funds made available to
the metropolitan planning organization for the Lake Tahoe
region under other provisions of this title and under
chapter 53 of title 49, 1 percent of the funds allocated
under section 202 shall be used to carry out the
transportation planning process for the Lake Tahoe region
under this subparagraph.
(D) Activities. - Highway projects included in transportation
plans developed under this paragraph -
(i) shall be selected for funding in a manner that
facilitates the participation of the Federal land management
agencies that have jurisdiction over land in the Lake Tahoe
region; and
(ii) may, in accordance with chapter 2, be funded using
funds allocated under section 202.
(4) Reservation of rights. - The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
(g) MPO Consultation in Plan and TIP Coordination. -
(1) Nonattainment areas. - If more than 1 metropolitan planning
organization has authority within a metropolitan area or an area
which is designated as a nonattainment area for ozone or carbon
monoxide under the Clean Air Act, each 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.
(2) Transportation improvements located in multiple mpos. - If
a transportation improvement, funded from the Highway Trust Fund
or authorized under chapter 53 of title 49, is located within the
boundaries of more than 1 metropolitan planning area, the
metropolitan planning organizations shall coordinate plans and
TIPs regarding the transportation improvement.
(3) Relationship with other planning officials. - The Secretary
shall encourage each metropolitan planning organization to
consult with officials responsible for other types of planning
activities that are affected by transportation in the area
(including State and local planned growth, economic development,
environmental protection, airport operations, and freight
movements) or to coordinate its planning process, to the maximum
extent practicable, with such planning activities. Under the
metropolitan planning process, transportation plans and TIPs
shall be developed with due consideration of other related
planning activities within the metropolitan area, and the process
shall provide for the design and delivery of transportation
services within the metropolitan area that are provided by -
(A) recipients of assistance under chapter 53 of title 49;
(B) governmental agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide nonemergency
transportation services; and
(C) recipients of assistance under section 204.
(h) Scope of Planning Process. -
(1) In general. - The metropolitan planning process for a
metropolitan planning area under this section shall provide for
consideration of projects and strategies that will -
(A) support the economic vitality of the metropolitan area,
especially by enabling global competitiveness, productivity,
and efficiency;
(B) increase the safety of the transportation system for
motorized and nonmotorized users;
(C) increase the security of the transportation system for
motorized and nonmotorized users;
(D) increase the accessibility and mobility of people and for
freight;
(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
(F) enhance the integration and connectivity of the
transportation system, across and between modes, for people and
freight;
(G) promote efficient system management and operation; and
(H) emphasize 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 this title or chapter 53 of title 49, subchapter II
of chapter 5 of title 5, or chapter 7 of title 5 in any matter
affecting a transportation plan, a TIP, a project or strategy, or
the certification of a planning process.
(i) Development of Transportation Plan. -
(1) In general. - Each metropolitan planning organization shall
prepare and update a transportation plan for its metropolitan
planning area in accordance with the requirements of this
subsection. The metropolitan planning organization shall prepare
and update such plan every 4 years (or more frequently, if the
metropolitan planning organization elects to update more
frequently) in the case of each of the following:
(A) Any area designated as nonattainment, as defined in
section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
(B) Any area that was nonattainment and subsequently
designated to attainment in accordance with section 107(d)(3)
of that Act (42 U.S.C. 7407(d)(3)) and that is subject to a
maintenance plan under section 175A of that Act (42 U.S.C.
7505a).
In the case of any other area required to have a transportation
plan in accordance with the requirements of this subsection, the
metropolitan planning organization shall prepare and update such
plan every 5 years unless the metropolitan planning organization
elects to update more frequently.
(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) Identification of transportation facilities. - An
identification of transportation facilities (including major
roadways, transit, multimodal and intermodal facilities, and
intermodal connectors) that should function as an integrated
metropolitan transportation system, giving emphasis to those
facilities that serve important national and regional
transportation functions. In formulating the transportation
plan, the metropolitan planning organization shall consider
factors described in subsection (h) as such factors relate to a
20-year forecast period.
(B) Mitigation activities. -
(i) In general. - A long-range transportation plan shall
include a discussion of types of potential environmental
mitigation activities and potential areas to carry out these
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions
affected by the plan.
(ii) Consultation. - The discussion shall be developed in
consultation with Federal, State, and tribal wildlife, land
management, and regulatory agencies.
(C) Financial plan. - A financial plan that demonstrates how
the adopted transportation 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, additional projects that would be
included in the adopted transportation plan if reasonable
additional resources beyond those identified in the financial
plan were available. For the purpose of developing the
transportation plan, the metropolitan planning organization,
transit operator, and State shall cooperatively develop
estimates of funds that will be available to support plan
implementation.
(D) Operational and management strategies. - Operational and
management strategies to improve the performance of existing
transportation facilities to relieve vehicular congestion and
maximize the safety and mobility of people and goods.
(E) Capital investment and other strategies. - Capital
investment and other strategies to preserve the existing and
projected future metropolitan transportation infrastructure and
provide for multimodal capacity increases based on regional
priorities and needs.
(F) Transportation and transit enhancement activities. -
Proposed transportation and transit enhancement activities.
(3) Coordination with clean air act agencies. - In metropolitan
areas which are in nonattainment for ozone or carbon monoxide
under the Clean Air Act, the metropolitan planning organization
shall coordinate the development of a transportation plan with
the process for development of the transportation control
measures of the State implementation plan required by the Clean
Air Act.
(4) Consultation. -
(A) In general. - In each metropolitan area, the metropolitan
planning organization shall consult, as appropriate, with State
and local agencies responsible for land use management, natural
resources, environmental protection, conservation, and historic
preservation concerning the development of a long-range
transportation plan.
(B) Issues. - The consultation shall involve, as appropriate -

(i) comparison of transportation plans with State
conservation plans or maps, if available; or
(ii) comparison of transportation plans to inventories of
natural or historic resources, if available.
(5) Participation by interested parties. -
(A) In general. - Each metropolitan 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, representatives of the
disabled, and other interested parties with a reasonable
opportunity to comment on the transportation plan.
(B) Contents of participation plan. - A participation plan -
(i) shall be developed in consultation with all interested
parties; and
(ii) shall provide that all interested parties have
reasonable opportunities to comment on the contents of the
transportation plan.
(C) Methods. - In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum extent
practicable -
(i) hold any public meetings at convenient and accessible
locations and times;
(ii) employ visualization techniques to describe plans; and
(iii) make public information available in electronically
accessible format and means, such as the World Wide Web, as
appropriate to afford reasonable opportunity for
consideration of public information under subparagraph (A).
(6) Publication. - A transportation plan involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review, including (to the maximum extent practicable) in
electronically accessible formats and means, such as the World
Wide Web, approved by the metropolitan planning organization and
submitted for information purposes to the Governor at such times
and in such manner as the Secretary shall establish.
(7) Selection of projects from illustrative list. -
Notwithstanding paragraph (2)(C), 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)(C).
(j) Metropolitan TIP. -
(1) Development. -
(A) In general. - In cooperation with the State and any
affected public transportation operator, 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 developing the TIP, the
metropolitan planning organization, in cooperation with the
State and any affected public transportation operator, shall
provide an opportunity for participation by interested parties
in the development of the program, in accordance with
subsection (i)(5).
(C) Funding estimates. - For the purpose 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 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 include a priority list of
proposed federally supported projects and strategies to be
carried out within each 4-year period after the initial
adoption of the TIP.
(B) Financial plan. - The TIP shall include a financial plan
that -
(i) demonstrates how the TIP can be implemented;
(ii) indicates resources from public and private sources
that are reasonably expected to be available to carry out the
program;
(iii) identifies innovative financing techniques to finance
projects, programs, and strategies; and
(iv) may include, for illustrative purposes, additional
projects that would be included 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.
(3) Included projects. -
(A) Projects under this title and chapter 53 of title 49. - A
TIP developed under this subsection for a metropolitan area
shall include the projects within the area that are proposed
for funding under chapter 1 of this title and chapter 53 of
title 49.
(B) Projects under chapter 2. -
(i) Regionally significant projects. - Regionally
significant projects proposed for funding under chapter 2
shall be identified individually in the transportation
improvement program.
(ii) Other projects. - Projects proposed for funding under
chapter 2 that are not determined to be regionally
significant shall be grouped in one line item or identified
individually in the transportation improvement program.
(C) Consistency with long-range transportation plan. - Each
project shall be consistent with the long-range transportation
plan developed under subsection (i) 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 cooperation with the State
and any affected public transportation operator, shall provide an
opportunity for participation by interested parties in the
development of the program, in accordance with subsection (i)(5).
(5) Selection of projects. -
(A) In general. - Except as otherwise provided in subsection
(k)(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 this title, the State;
and
(II) in the case of projects under chapter 53 of title
49, the designated recipients of public transportation
funding; and
(ii) in cooperation with the metropolitan planning
organization.
(B) 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 TIP in
place of another project in the program.
(6) Selection of projects from illustrative list. -
(A) No required selection. - Notwithstanding paragraph
(2)(B)(iv), 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)(iv).
(B) Required action by the secretary. - Action by the
Secretary shall be required for a State or metropolitan
planning organization to select any project from the
illustrative 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 involving Federal
participation shall be published or otherwise made readily
available by the metropolitan planning organization for public
review.
(B) Publication of annual listings of projects. - An annual
listing of projects, including investments in pedestrian
walkways and bicycle transportation facilities, for which
Federal funds have been obligated in the preceding year shall
be published or otherwise made available by the cooperative
effort of the State, transit operator, and metropolitan
planning organization for public review. The listing shall be
consistent with the categories identified in the TIP.
(k) Transportation Management Areas. -
(1) Identification and designation. -
(A) Required identification. - The Secretary shall identify
as a transportation management 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
request of the Governor and the metropolitan planning
organization designated for the area.
(2) Transportation plans. - In a metropolitan planning area
serving a transportation management area, transportation plans
shall be based on a continuing and comprehensive transportation
planning process carried out by the metropolitan planning
organization in cooperation with the State and public
transportation operators.
(3) Congestion management process. - Within a metropolitan
planning area serving a transportation management area, the
transportation planning process under this section shall address
congestion management through a process that provides for
effective management and operation, based on a cooperatively
developed and implemented metropolitan-wide strategy, of new and
existing transportation facilities eligible for funding under
this title and chapter 53 of title 49 through the use of travel
demand reduction and operational management strategies. The
Secretary shall establish an appropriate phase-in schedule for
compliance with the requirements of this section but no sooner
than 1 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
transportation management area under this title (excluding
projects carried out on the National Highway System and
projects carried out under the bridge program or the Interstate
maintenance program) or under chapter 53 of title 49 shall be
selected for implementation from the approved TIP by the
metropolitan planning organization designated for the area in
consultation with the State and any affected public
transportation operator.
(B) National highway system projects. - Projects carried out
within the boundaries of a metropolitan planning area serving a
transportation management area on the National Highway System
and projects carried out within such boundaries under the
bridge program or the Interstate maintenance program under this
title shall be selected for implementation from the approved
TIP by the State in cooperation with the metropolitan planning
organization designated for the area.
(5) Certification. -
(A) In general. - The Secretary shall -
(i) ensure that the metropolitan planning process of a
metropolitan planning organization serving a transportation
management area is being carried out in accordance with
applicable provisions of Federal law; and
(ii) subject to subparagraph (B), certify, 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 certification. - The Secretary may make
the certification under subparagraph (A) if -
(i) the transportation planning process complies with the
requirements of this section and other applicable
requirements of Federal law; and
(ii) there is a TIP for the metropolitan 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 process 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
this title and chapter 53 of title 49.
(ii) Restoration of withheld funds. - The withheld funds
shall be restored to the metropolitan planning area at such
time as the metropolitan planning process is certified by the
Secretary.
(D) Review of certification. - In making certification
determinations under this paragraph, the Secretary shall
provide for public involvement appropriate to the metropolitan
area under review.
(l) 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 determines is
appropriate to achieve the purposes of this section, taking into
account the complexity of transportation 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.
(m) Additional Requirements for Certain Nonattainment Areas. -
(1) In general. - Notwithstanding any other provisions of this
title or chapter 53 of title 49, 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
significant increase in the carrying capacity for single-occupant
vehicles unless the project is addressed through a congestion
management process.
(2) Applicability. - This subsection applies to a nonattainment
area within the metropolitan planning area boundaries determined
under subsection (e).
(n) Limitation on Statutory Construction. - Nothing in this
section shall be construed to confer on a metropolitan planning
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible under
this title or chapter 53 of title 49.
(o) Funding. - Funds set aside under section 104(f) of this title
or section 5305(g) of title 49 shall be available to carry out this
section.
(p) Continuation of Current Review Practice. - Since plans and
TIPs described in this section are subject to a reasonable
opportunity for public comment, since 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
since decisions by the Secretary 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.