23 U.S.C. § 134 — Metropolitan transportation planning

Page 176 TITLE 23—HIGHWAYS § 134 1 So in original. Probably should be ‘‘urbanized areas, better connect housing and employment,’’. to respond to unique local circumstances and imple- ment the most efficient solutions; and ‘‘(3) reforms of the program to promote flexibility will enhance State and local control over transpor- tation decisions.’’ REFERENCES TO SURFACE TRANSPORTATION PROGRAM Pub. L. 114–94, div. A, title I, § 1109(c)(7), Dec. 4, 2015, 129 Stat. 1344, provided that: ‘‘Any reference in any other law, regulation, document, paper, or other record of the United States to the surface transportation pro- gram under section 133 of title 23, United States Code, shall be deemed to be a reference to the surface trans- portation block grant program under such section.’’ DIVISION OF STP FUNDS FOR AREAS OF LESS THAN 5,000 POPULATION Pub. L. 105–178, title I, § 1108(f), June 9, 1998, 112 Stat. 141, as amended by Pub. L. 110–244, title I, § 113(a), June 6, 2008, 122 Stat. 1606, provided that: ‘‘(1) SPECIAL RULE.—Notwithstanding section 133(c) of title 23, United States Code, and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated under [former] section 133(d)(3)(B) of such title for each of fiscal years 1998 through 2009 may be obligated on roads functionally classified as minor collectors. ‘‘(2) SUSPENSION.—The Secretary may suspend the ap- plication of paragraph (1) if the Secretary determines that paragraph (1) is being used excessively.’’ ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS Pub. L. 105–178, title I, § 1108(g), June 9, 1998, 112 Stat. 141, provided that: ‘‘The Secretary shall encourage the States to enter into contracts and cooperative agree- ments with qualified youth conservation or service corps to perform appropriate transportation enhance- ment activities under chapter 1 of title 23, United States Code.’’ § 134. Metropolitan transportation planning (a) POLICY.—It is in the national interest— (1) to encourage and promote the safe and ef- ficient management, operation, and develop- ment of surface transportation systems that will serve the mobility needs of people and freight, foster economic growth and develop- ment within and between States and urbanized areas better connect housing and employ- ment,,1 and take into consideration resiliency needs while minimizing transportation-related fuel consumption and air pollution through metropolitan and statewide transportation planning processes identified in this chapter; and (2) to encourage the continued improvement and evolution of the metropolitan and state- wide 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 geo- graphic area determined by agreement be- tween the metropolitan planning organization for the area and the Governor under sub- section (e). (2) METROPOLITAN PLANNING ORGANIZATION.— The term ‘‘metropolitan planning organiza- tion’’ means the policy board of an organiza- tion established as a result of the designation process under subsection (d). (3) NONMETROPOLITAN AREA.—The term ‘‘non- metropolitan 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 pur- pose local government in a nonmetropolitan area with responsibility for transportation. (5) REGIONAL TRANSPORTATION PLANNING OR- GANIZATION.—The term ‘‘regional transpor- tation planning organization’’ means a policy board of an organization established as the re- sult of a designation under section 135(m). (6) TIP.—The term ‘‘TIP’’ means a transpor- tation improvement program developed by a metropolitan planning organization under sub- section (j). (7) URBANIZED AREA.—The term ‘‘urbanized area’’ means a geographic area with a popu- lation of 50,000 or more, as determined by the Bureau of the Census. (c) GENERAL REQUIREMENTS.— (1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To accomplish the objectives in sub- section (a), metropolitan planning organiza- tions designated under subsection (d), in co- operation with the State and public transpor- tation operators, shall develop long-range transportation plans and transportation im- provement programs through a performance- driven, outcome-based approach to planning for metropolitan areas of the State. (2) CONTENTS.—The plans and TIPs for each metropolitan area shall provide for the devel- opment and integrated management and oper- ation of transportation systems and facilities (including accessible pedestrian walkways, bi- cycle transportation facilities, and intermodal facilities that support intercity transpor- tation, including intercity buses and intercity bus facilities and commuter vanpool pro- viders) 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 pro- vide for consideration of all modes of transpor- tation 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 transpor- tation planning process required by this sec- tion, a metropolitan planning organization shall be designated for each urbanized area with a population of more than 50,000 individ- uals— (A) by agreement between the Governor and units of general purpose local govern- ment that together represent at least 75 per- Page 177 TITLE 23—HIGHWAYS § 134 cent of the affected population (including the largest incorporated city (based on popu- lation) as determined by the Bureau of the Census); or (B) in accordance with procedures estab- lished by applicable State or local law. (2) STRUCTURE.—Not later than 2 years after the date of enactment of MAP-21, each metro- politan planning organization that serves an area designated as a transportation manage- ment area shall consist of— (A) local elected officials; (B) officials of public agencies that admin- ister or operate major modes of transpor- tation in the metropolitan area, including representation by providers of public trans- portation; and (C) appropriate State officials. (3) REPRESENTATION.— (A) IN GENERAL.—Designation or selection of officials or representatives under para- graph (2) shall be determined by the metro- politan planning organization according to the bylaws or enabling statute of the organi- zation. (B) PUBLIC TRANSPORTATION REPRESENTA- TIVE.—Subject to the bylaws or enabling statute of the metropolitan planning organi- zation, a representative of a provider of pub- lic transportation may also serve as a rep- resentative of a local municipality. (C) POWERS OF CERTAIN OFFICIALS.—An offi- cial described in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensu- rate with other officials described in para- graph (2). (D) CONSIDERATIONS.—In designating offi- cials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan plan- ning organization, the metropolitan plan- ning organization shall consider the equi- table and proportional representation of the population of the metropolitan planning area. (4) LIMITATION ON STATUTORY CONSTRUC- TION.—Nothing in this subsection shall be con- strued to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transpor- tation responsibilities— (A) to develop the plans and TIPs for adop- tion by a metropolitan planning organiza- tion; and (B) to develop long-range capital plans, co- ordinate transit services and projects, and carry out other activities pursuant to State law. (5) 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 (6). (6) REDESIGNATION PROCEDURES.— (A) IN GENERAL.—A metropolitan planning organization may be redesignated by agree- ment between the Governor and units of gen- eral purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated city (based on popu- lation) as determined by the Bureau of the Census) as appropriate to carry out this sec- tion. (B) RESTRUCTURING.—A metropolitan plan- ning organization may be restructured to meet the requirements of paragraph (2) with- out undertaking a redesignation. (7) DESIGNATION OF MORE THAN 1 METROPOLI- TAN PLANNING ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing urbanized area (as defined by the Bureau of the Census) only if the Governor and the existing metropolitan planning organization determine that the size and complexity of the area make designation of more than 1 metropolitan planning organi- zation for the area appropriate. (e) METROPOLITAN PLANNING AREA BOUND- ARIES.— (1) IN GENERAL.—For the purposes of this sec- tion, the boundaries of a metropolitan plan- ning area shall be determined by agreement between the metropolitan planning organiza- tion and the Governor. (2) INCLUDED AREA.—Each metropolitan plan- ning area— (A) shall encompass at least the existing urbanized area and the contiguous area ex- pected 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 metro- politan 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 met- ropolitan planning area shall not require the redesignation of the existing metropolitan planning organization. (4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.— (A) IN GENERAL.—Notwithstanding para- graph (2), except as provided in subpara- graph (B), 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 enact- ment shall be retained. (B) EXCEPTION.—The boundaries described in subparagraph (A) may be adjusted by agreement of the Governor and affected met- ropolitan planning organizations in the manner described in subsection (d)(6). (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— Page 178 TITLE 23—HIGHWAYS § 134 (A) shall be established in the manner de- scribed 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 (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide. (f) 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 organi- zations to provide coordinated transportation planning for the entire metropolitan 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 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 oth- erwise, as the States may determine desir- able for making the agreements and com- pacts effective. (3) 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 CO- ORDINATION.— (1) NONATTAINMENT AREAS.—If more than 1 metropolitan planning organization has au- thority within an urbanized area (as defined by the Bureau of the Census) or an area which is designated 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 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 im- provement, 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 metropoli- tan planning organizations shall coordinate plans and TIPs regarding the transportation improvement. (3) RELATIONSHIP WITH OTHER PLANNING OFFI- CIALS.— (A) IN GENERAL.—The Secretary shall en- courage each metropolitan planning organi- zation 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, housing, tourism, natural disaster risk reduction, environ- mental protection, airport operations, and freight movements) or to coordinate its planning process, to the maximum extent practicable, with such planning activities. (B) REQUIREMENTS.—Under the metropoli- tan planning process, transportation plans and TIPs shall be developed with due consid- eration of other related planning activities within the metropolitan area, and the proc- ess shall provide for the design and delivery of transportation services within the metro- politan area that are provided by— (i) recipients of assistance under chapter 53 of title 49; (ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that re- ceive Federal assistance from a source other than the Department of Transpor- tation to provide nonemergency transpor- tation services; and (iii) recipients of assistance under sec- tion 204. (4) COORDINATION BETWEEN MPOS.—If more than 1 metropolitan planning organization is designated within an urbanized area (as de- fined by the Bureau of the Census) under sub- section (d)(7), the metropolitan planning orga- nizations designated within the area shall en- sure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in fore- casting travel demand. (5) SAVINGS CLAUSE.—Nothing in this sub- section requires metropolitan planning organi- zations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP. (h) SCOPE OF PLANNING PROCESS.— (1) IN GENERAL.—The metropolitan planning process for a metropolitan planning area under this section shall provide for consider- ation of projects and strategies that will— (A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and ef- ficiency; (B) increase the safety of the transpor- tation system for motorized and non- motorized users; (C) increase the security of the transpor- tation system for motorized and non- motorized 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 be- tween transportation improvements and State and local planned growth, housing, 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; (H) emphasize the preservation of the ex- isting transportation system; (I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and Page 179 TITLE 23—HIGHWAYS § 134 (J) enhance travel and tourism. (2) PERFORMANCE-BASED APPROACH.— (A) IN GENERAL.—The metropolitan trans- portation planning process shall provide for the establishment and use of a performance- based approach to transportation decision- making to support the national goals de- scribed in section 150(b) of this title and the general purposes described in section 5301 of title 49. (B) PERFORMANCE TARGETS.— (i) SURFACE TRANSPORTATION PERFORM- ANCE TARGETS.— (I) IN GENERAL.—Each metropolitan planning organization shall establish performance targets that address the performance measures described in sec- tion 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the region of the metropolitan planning organization. (II) COORDINATION.—Selection of per- formance targets by a metropolitan planning organization shall be coordi- nated with the relevant State to ensure consistency, to the maximum extent practicable. (ii) PUBLIC TRANSPORTATION PERFORM- ANCE TARGETS.—Selection of performance targets by a metropolitan planning organi- zation shall be coordinated, to the max- imum extent practicable, with providers of public transportation to ensure consist- ency with sections 5326(c) and 5329(d) of title 49. (C) TIMING.—Each metropolitan planning organization shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which the relevant State or provider of public trans- portation establishes the performance tar- gets. (D) INTEGRATION OF OTHER PERFORMANCE- BASED PLANS.—A metropolitan planning or- ganization shall integrate in the metropoli- tan transportation planning process, di- rectly or by reference, the goals, objectives, performance measures, and targets described in other State transportation plans and transportation processes, as well as any plans developed under chapter 53 of title 49 by providers of public transportation, re- quired as part of a performance-based pro- gram. (3) FAILURE TO CONSIDER FACTORS.—The fail- ure to consider any factor specified in para- graphs (1) and (2) 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 strat- egy, or the certification of a planning process. (i) DEVELOPMENT OF TRANSPORTATION PLAN.— (1) REQUIREMENTS.— (A) IN GENERAL.—Each metropolitan plan- ning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the re- quirements of this subsection. (B) FREQUENCY.— (i) IN GENERAL.—The metropolitan plan- ning organization shall prepare and update such plan every 4 years (or more fre- quently, if the metropolitan planning or- ganization elects to update more fre- quently) in the case of each of the fol- lowing: (I) Any area designated as nonattain- ment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). (II) Any area that was nonattainment and subsequently designated to attain- ment 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). (ii) OTHER AREAS.—In the case of any other area required to have a transpor- tation plan in accordance with the require- ments 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 fol- lowing: (A) IDENTIFICATION OF TRANSPORTATION FA- CILITIES.— (i) IN GENERAL.—An identification of transportation facilities (including major roadways, public transportation facilities, intercity bus facilities, multimodal and intermodal facilities, nonmotorized trans- portation facilities, and intermodal con- nectors) that should function as an inte- grated metropolitan transportation sys- tem, giving emphasis to those facilities that serve important national and regional transportation functions. (ii) FACTORS.—In formulating the trans- portation plan, the metropolitan planning organization shall consider factors de- scribed in subsection (h) as the factors re- late to a 20-year forecast period. (B) PERFORMANCE MEASURES AND TAR- GETS.—A description of the performance measures and performance targets used in assessing the performance of the transpor- tation system in accordance with subsection (h)(2). (C) SYSTEM PERFORMANCE REPORT.—A sys- tem performance report and subsequent up- dates evaluating the condition and perform- ance of the transportation system with re- spect to the performance targets described in subsection (h)(2), including— (i) progress achieved by the metropolitan planning organization in meeting the per- formance targets in comparison with sys- tem performance recorded in previous re- ports; and (ii) for metropolitan planning organiza- tions that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the condi- tions and performance of the transpor- Page 180 TITLE 23—HIGHWAYS § 134 tation system and how changes in local policies and investments have impacted the costs necessary to achieve the identi- fied performance targets. (D) MITIGATION ACTIVITIES.— (i) IN GENERAL.—A long-range transpor- tation plan shall include a discussion of types of potential environmental mitiga- tion activities and potential areas to carry out these activities, including activities that may have the greatest potential to re- store 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 manage- ment, and regulatory agencies. (E) FINANCIAL PLAN.— (i) IN GENERAL.—A financial plan that— (I) demonstrates how the adopted transportation plan can be implemented; (II) indicates resources from public and private sources that are reasonably ex- pected to be made available to carry out the plan; and (III) recommends any additional fi- nancing strategies for needed projects and programs. (ii) INCLUSIONS.—The financial plan may include, for illustrative purposes, addi- tional projects that would be included in the adopted transportation plan if reason- able additional resources beyond those identified in the financial plan were avail- able. (iii) COOPERATIVE DEVELOPMENT.—For the purpose of developing the transpor- tation plan, the metropolitan planning or- ganization, transit operator, and State shall cooperatively develop estimates of funds that will be available to support plan implementation. (F) OPERATIONAL AND MANAGEMENT STRATE- GIES.—Operational and management strate- gies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mo- bility of people and goods. (G) CAPITAL INVESTMENT AND OTHER STRAT- EGIES.—Capital investment and other strate- gies to preserve the existing and projected future metropolitan transportation infra- structure, provide for multimodal capacity increases based on regional priorities and needs, and reduce the vulnerability of the existing transportation infrastructure to natural disasters. (H) TRANSPORTATION AND TRANSIT ENHANCE- MENT ACTIVITIES.—Proposed transportation and transit enhancement activities includ- ing consideration of the role that intercity buses may play in reducing congestion, pol- lution, and energy consumption in a cost-ef- fective manner and strategies and invest- ments that preserve and enhance intercity bus systems, including systems that are pri- vately owned and operated. (3) COORDINATION WITH CLEAN AIR ACT AGEN- CIES.—In metropolitan areas that are in non- attainment for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the metropolitan planning organization shall coordinate the development of a transpor- tation plan with the process for development of the transportation control measures of the State implementation plan required by that Act. (4) OPTIONAL SCENARIO DEVELOPMENT.— (A) IN GENERAL.—A metropolitan planning organization may, while fitting the needs and complexity of its community, volun- tarily elect to develop multiple scenarios for consideration as part of the development of the metropolitan transportation plan, in ac- cordance with subparagraph (B). (B) RECOMMENDED COMPONENTS.—A metro- politan planning organization that chooses to develop multiple scenarios under subpara- graph (A) shall be encouraged to consider— (i) potential regional investment strate- gies for the planning horizon; (ii) assumed distribution of population and employment; (iii) assumed distribution of population and housing; (iv) a scenario that, to the maximum ex- tent practicable, maintains baseline condi- tions for the performance measures identi- fied in subsection (h)(2); (v) a scenario that improves the baseline conditions for as many of the performance measures identified in subsection (h)(2) as possible; (vi) revenue constrained scenarios based on the total revenues expected to be avail- able over the forecast period of the plan; and (vii) estimated costs and potential reve- nues available to support each scenario. (C) METRICS.—In addition to the perform- ance measures identified in section 150(c), metropolitan planning organizations may evaluate scenarios developed under this paragraph using locally-developed measures. (5) CONSULTATION.— (A) IN GENERAL.—In each metropolitan area, the metropolitan planning organiza- tion shall consult, as appropriate, with State and local agencies responsible for land use management, natural resources, environ- mental protection, conservation, and his- toric preservation concerning the develop- ment of a long-range transportation plan. (B) ISSUES.—The consultation shall in- volve, 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 re- sources, if available. (6) PARTICIPATION BY INTERESTED PARTIES.— (A) IN GENERAL.—Each metropolitan plan- ning organization shall provide citizens, af- fected public agencies, representatives of public transportation employees, public ports, freight shippers, providers of freight transportation services, private providers of transportation (including intercity bus oper- Page 181 TITLE 23—HIGHWAYS § 134 ators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework pro- gram), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transpor- tation facilities, representatives of the dis- abled, affordable housing organizations, and other interested parties with a reasonable opportunity to comment on the transpor- tation 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 par- ties have reasonable opportunities to com- ment on the contents of the transportation plan. (C) METHODS.—In carrying out subpara- graph (A), the metropolitan planning organi- zation shall, to the maximum extent prac- ticable— (i) hold any public meetings at conven- ient 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 ap- propriate to afford reasonable opportunity for consideration of public information under subparagraph (A). (D) USE OF TECHNOLOGY.—A metropolitan planning organization may use social media and other web-based tools— (i) to further encourage public participa- tion; and (ii) to solicit public feedback during the transportation planning process. (7) PUBLICATION.—A transportation plan in- volving Federal participation shall be pub- lished or otherwise made readily available by the metropolitan planning organization for public review, including (to the maximum ex- tent 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. (8) SELECTION OF PROJECTS FROM ILLUS- TRATIVE LIST.—Notwithstanding paragraph (2)(E), a State or metropolitan planning orga- nization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(E). (j) METROPOLITAN TIP.— (1) DEVELOPMENT.— (A) IN GENERAL.—In cooperation with the State and any affected public transportation operator, the metropolitan planning organi- zation designated for a metropolitan area shall develop a TIP for the metropolitan planning area that— (i) contains projects consistent with the current metropolitan transportation plan; (ii) reflects the investment priorities es- tablished in the current metropolitan transportation plan; and (iii) once implemented, is designed to make progress toward achieving the per- formance targets established under sub- section (h)(2). (B) OPPORTUNITY FOR COMMENT.—In devel- oping the TIP, the metropolitan planning or- ganization, in cooperation with the State and any affected public transportation oper- ator, shall provide an opportunity for par- ticipation by interested parties in the devel- opment 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 de- velop estimates of funds that are reasonably expected to be available to support program implementation. (D) UPDATING AND APPROVAL.—The TIP shall be— (i) updated at least once every 4 years; and (ii) approved by the metropolitan plan- ning organization and the Governor. (2) CONTENTS.— (A) PRIORITY LIST.—The TIP shall include a priority list of proposed Federally sup- ported projects and strategies to be carried out within each 4-year period after the ini- tial adoption of the TIP. (B) FINANCIAL PLAN.—The TIP shall in- clude a financial plan that— (i) demonstrates how the TIP can be im- plemented; (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 tech- niques 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 other similar factors) to identify the project or phase of the project. (D) PERFORMANCE TARGET ACHIEVEMENT.— The transportation improvement program shall include, to the maximum extent prac- ticable, a description of the anticipated ef- fect of the transportation improvement pro- gram toward achieving the performance tar- gets established in the metropolitan trans- portation plan, linking investment priorities to those performance targets. (3) INCLUDED PROJECTS.— (A) PROJECTS UNDER THIS TITLE AND CHAP- TER 53 OF TITLE 49.—A TIP developed under this subsection for a metropolitan area shall include the projects within the area that are Page 182 TITLE 23—HIGHWAYS § 134 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 identi- fied individually in the transportation im- provement program. (ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in 1 line item or identified individually in the transportation im- provement program. (C) CONSISTENCY WITH LONG-RANGE TRANS- PORTATION PLAN.—Each project shall be con- sistent 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 antici- pated to be available for the project or the identified phase within the time period con- templated for completion of the project or the identified phase. (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 pro- vided in subsection (k)(4) and in addition to the TIP development required under para- graph (1), the selection of Federally funded projects in metropolitan areas shall be car- ried 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 chap- ter 53 of title 49, the designated recipi- ents 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 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 metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects in- cluded 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 organiza- tion 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 involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for pub- lic review. (B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.— (i) IN GENERAL.—An annual listing of projects, including investments in pedes- trian 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 plan- ning organization for public review. (ii) REQUIREMENT.—The listing shall be consistent with the categories identified in the TIP. (k) TRANSPORTATION MANAGEMENT AREAS.— (1) IDENTIFICATION AND DESIGNATION.— (A) REQUIRED IDENTIFICATION.—The Sec- retary 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 Sec- retary shall designate any additional area as a transportation management area on the request of the Governor and the metropoli- tan planning organization designated for the area. (2) TRANSPORTATION PLANS.—In a transpor- tation management area, transportation plans shall be based on a continuing and comprehen- sive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transportation operators. (3) CONGESTION MANAGEMENT PROCESS.— (A) IN GENERAL.—Within a metropolitan planning area serving a transportation man- agement area, the transportation planning process under this section shall address con- gestion management through a process that provides for effective management and oper- ation, based on a cooperatively developed and implemented metropolitan-wide strat- egy, of new and existing transportation fa- cilities eligible for funding under this title and chapter 53 of title 49 through the use of travel demand reduction (including intercity bus operators, employer-based commuting programs such as a carpool program, van- pool program, transit benefit program, park- ing cash-out program, shuttle program, or telework program), job access projects, and operational management strategies. (B) SCHEDULE.—The Secretary shall estab- lish 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 manage- ment area. (C) CONGESTION MANAGEMENT PLAN.—A metropolitan planning organization serving Page 183 TITLE 23—HIGHWAYS § 134 a transportation management area may de- velop a plan that includes projects and strat- egies that will be considered in the TIP of such metropolitan planning organization. Such plan shall— (i) develop regional goals to reduce vehi- cle miles traveled during peak commuting hours and improve transportation connec- tions between areas with high job con- centration and areas with high concentra- tions of low-income households; (ii) identify existing public transpor- tation services, employer-based commuter programs, and other existing transpor- tation services that support access to jobs in the region; and (iii) identify proposed projects and pro- grams to reduce congestion and increase job access opportunities. (D) PARTICIPATION.—In developing the plan under subparagraph (C), a metropolitan planning organization shall consult with em- ployers, private and nonprofit providers of public transportation, transportation man- agement organizations, and organizations that provide job access reverse commute projects or job-related services to low-in- come individuals. (4) HOUSING COORDINATION PROCESS.— (A) IN GENERAL.—Within a metropolitan planning area serving a transportation man- agement area, the transportation planning process under this section may address the integration of housing, transportation, and economic development strategies through a process that provides for effective integra- tion, based on a cooperatively developed and implemented strategy, of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49. (B) COORDINATION IN INTEGRATED PLANNING PROCESS.—In carrying out the process de- scribed in subparagraph (A), a metropolitan planning organization may— (i) consult with— (I) State and local entities responsible for land use, economic development, housing, management of road networks, or public transportation; and (II) other appropriate public or private entities; and (ii) coordinate, to the extent practicable, with applicable State and local entities to align the goals of the process with the goals of any comprehensive housing afford- ability strategies established within the metropolitan planning area pursuant to section 105 of the Cranston-Gonzalez Na- tional Affordable Housing Act (42 U.S.C. 12705) and plans developed under section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1). (C) HOUSING COORDINATION PLAN.— (i) IN GENERAL.—A metropolitan plan- ning organization serving a transportation management area may develop a housing coordination plan that includes projects and strategies that may be considered in the metropolitan transportation plan of the metropolitan planning organization. (ii) CONTENTS.—A plan described in clause (i) may— (I) develop regional goals for the inte- gration of housing, transportation, and economic development strategies to— (aa) better connect housing and em- ployment while mitigating commuting times; (bb) align transportation improve- ments with housing needs, such as housing supply shortages, and proposed housing development; (cc) align planning for housing and transportation to address needs in re- lationship to household incomes within the metropolitan planning area; (dd) expand housing and economic development within the catchment areas of existing transportation facili- ties and public transportation services when appropriate, including higher- density development, as locally deter- mined; (ee) manage effects of growth of vehi- cle miles traveled experienced in the metropolitan planning area related to housing development and economic de- velopment; (ff) increase share of households with sufficient and affordable access to the transportation networks of the metro- politan planning area; (II) identify the location of existing and planned housing and employment, and transportation options that connect housing and employment; and (III) include a comparison of transpor- tation plans to land use management plans, including zoning plans, that may affect road use, public transportation ridership, and housing development. (5) 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) or under chapter 53 of title 49 shall be selected for implemen- tation from the approved TIP by the metro- politan 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 Na- tional Highway System shall be selected for implementation from the approved TIP by the State in cooperation with the metropoli- tan planning organization designated for the area. (6) CERTIFICATION.— (A) IN GENERAL.—The Secretary shall— (i) ensure that the metropolitan plan- ning process of a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; and Page 184 TITLE 23—HIGHWAYS § 134 (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 plan- ning 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 metro- politan 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- ropolitan planning organization for projects funded under this title and chap- ter 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 met- ropolitan area under review. (l) REPORT ON PERFORMANCE-BASED PLANNING PROCESSES.— (1) IN GENERAL.—The Secretary shall submit to Congress a report on the effectiveness of the performance-based planning processes of metropolitan planning organizations under this section, taking into consideration the re- quirements of this subsection. (2) REPORT.—Not later than 5 years after the date of enactment of the MAP–21, the Sec- retary shall submit to Congress a report evalu- ating— (A) the overall effectiveness of perform- ance-based planning as a tool for guiding transportation investments; (B) the effectiveness of the performance- based planning process of each metropolitan planning organization under this section; (C) the extent to which metropolitan plan- ning organizations have achieved, or are cur- rently making substantial progress toward achieving, the performance targets specified under this section and whether metropolitan planning organizations are developing mean- ingful performance targets; and (D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area with a popu- lation of 200,000 or less and their ability to carry out the requirements of this section. (3) PUBLICATION.—The report under para- graph (2) shall be published or otherwise made available in electronically accessible formats and means, including on the Internet. (m) 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 transpor- tation plan and TIP for the metropolitan plan- ning area that the Secretary determines is ap- propriate to achieve the purposes of this sec- tion, 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 (42 U.S.C. 7401 et seq.). (n) 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 classi- fied as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), 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 con- gestion management process. (2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropoli- tan planning area boundaries determined under subsection (e). (o) 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. (p) FUNDING.—Funds apportioned under sec- tion 104(b)(6) or section 5305(g) of title 49 shall be available to carry out this section. (q) CONTINUATION OF CURRENT REVIEW PRAC- TICE.—Since plans and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects in- cluded 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 de- scribed in this section have not been reviewed under that Act as of January 1, 1997, any deci- sion 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 that Act. (r) BI-STATE METROPOLITAN PLANNING ORGANI- ZATION.— (1) DEFINITION OF BI-STATE MPO REGION.—In this subsection, the term ‘‘Bi-State MPO Re- gion’’ has the meaning given the term ‘‘re- gion’’ in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact (Pub- lic Law 96–551; 94 Stat. 3234). (2) TREATMENT.—For the purpose of this title, the Bi-State MPO Region shall be treat- ed as— Page 185 TITLE 23—HIGHWAYS § 134 (A) a metropolitan planning organization; (B) a transportation management area under subsection (k); and (C) an urbanized area, which is comprised of a population of 145,000 in the State of California and a population of 65,000 in the State of Nevada. (3) SUBALLOCATED FUNDING.— (A) PLANNING.—In determining the amounts under subparagraph (A) of section 133(d)(1) that shall be obligated for a fiscal year in the States of California and Nevada under clauses (i), (ii), and (iii) of that sub- paragraph, the Secretary shall, for each of those States— (i) calculate the population under each of those clauses; (ii) decrease the amount under section 133(d)(1)(A)(iii) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State; and (iii) increase the amount under section 133(d)(1)(A)(i) by the population specified in paragraph (2) of this subsection for the Bi-State MPO Region in that State. (B) STBGP SET ASIDE.—In determining the amounts under paragraph (2) of section 133(h) that shall be obligated for a fiscal year in the States of California and Nevada, the Secretary shall, for the purpose of that subsection, calculate the populations for each of those States in a manner consistent with subparagraph (A). (Added Pub. L. 87–866, § 9(a), Oct. 23, 1962, 76 Stat. 1148; amended Pub. L. 91–605, title I, § 143, Dec. 31, 1970, 84 Stat. 1737; Pub. L. 95–599, title I, § 169, Nov. 6, 1978, 92 Stat. 2723; Pub. L. 102–240, title I, § 1024(a), Dec. 18, 1991, 105 Stat. 1955; Pub. L. 102–388, title V, § 502(b), Oct. 6, 1992, 106 Stat. 1566; Pub. L. 103–429, § 3(5), Oct. 31, 1994, 108 Stat. 4377; Pub. L. 104–59, title III, § 317, Nov. 28, 1995, 109 Stat. 588; Pub. L. 105–178, title I, § 1203(a)–(m), (o), June 9, 1998, 112 Stat. 170–179; Pub. L. 105–206, title IX, § 9003(c), July 22, 1998, 112 Stat. 839; Pub. L. 109–59, title VI, § 6001(a), Aug. 10, 2005, 119 Stat. 1839; Pub. L. 110–244, title I, § 101(n), June 6, 2008, 122 Stat. 1576; Pub. L. 112–141, div. A, title I, § 1201(a), July 6, 2012, 126 Stat. 500; Pub. L. 114–94, div. A, title I, § 1201, Dec. 4, 2015, 129 Stat. 1371; Pub. L. 117–58, div. A, title I, § 11201(a), (d), Nov. 15, 2021, 135 Stat. 516, 517.) Editorial Notes REFERENCES IN TEXT The date of enactment of MAP-21, referred to in sub- secs. (d)(2) and (l)(2), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title. The Clean Air Act, referred to in subsecs. (e)(4)(A), (5)(D), (g)(1), (i)(3), (m)(2), and (n)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables. The date of enactment of the SAFETEA–LU, referred to in subsec. (e)(4)(A), (5), is the date of enactment of Pub. L. 109–59, which was approved Aug. 10, 2005. The National Environmental Policy Act of 1969, re- ferred to in subsec. (q), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 117–58, § 11201(d)(1), in- serted ‘‘better connect housing and employment,’’ after ‘‘urbanized areas’’. Subsec. (d)(3)(D). Pub. L. 117–58, § 11201(a)(1)(A), added subpar. (D). Subsec. (d)(7). Pub. L. 117–58, § 11201(a)(1)(B), sub- stituted ‘‘an existing urbanized area (as defined by the Bureau of the Census)’’ for ‘‘an existing metropolitan planning area’’ and ‘‘the area’’ for ‘‘the existing metro- politan planning area’’. Subsec. (g)(1). Pub. L. 117–58, § 11201(a)(2)(A), sub- stituted ‘‘an urbanized area (as defined by the Bureau of the Census)’’ for ‘‘a metropolitan area’’. Subsec. (g)(3)(A). Pub. L. 117–58, § 11201(d)(2), inserted ‘‘housing,’’ after ‘‘economic development,’’. Subsec. (g)(4), (5). Pub. L. 117–58, § 11201(a)(2)(B), added pars. (4) and (5). Subsec. (h)(1)(E). Pub. L. 117–58, § 11201(d)(3), inserted ‘‘, housing,’’ after ‘‘growth’’. Subsec. (i)(4)(B)(iii) to (vii). Pub. L. 117–58, § 11201(d)(4)(A), added cl. (iii) and redesignated former cls. (iii) to (vi) as (iv) to (vii), respectively. Subsec. (i)(6)(A). Pub. L. 117–58, § 11201(d)(4)(B), in- serted ‘‘affordable housing organizations,’’ after ‘‘dis- abled,’’. Subsec. (i)(6)(D). Pub. L. 117–58, § 11201(a)(3), added subpar. (D). Subsec. (k)(4) to (6). Pub. L. 117–58, § 11201(d)(5), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. Subsec. (p). Pub. L. 117–58, § 11201(a)(4), substituted ‘‘section 104(b)(6)’’ for ‘‘paragraphs (5)(D) and (6) of sec- tion 104(b) of this title’’. 2015—Subsec. (a)(1). Pub. L. 114–94, § 1201(1), sub- stituted ‘‘people and freight,’’ for ‘‘people and freight and’’ and inserted ‘‘and take into consideration resil- iency needs’’ after ‘‘urbanized areas,’’. Subsec. (c)(2). Pub. L. 114–94, § 1201(2), substituted ‘‘, bicycle transportation facilities, and intermodal fa- cilities that support intercity transportation, including intercity buses and intercity bus facilities and com- muter vanpool providers’’ for ‘‘and bicycle transpor- tation facilities’’. Subsec. (d)(3), (4). Pub. L. 114–94, § 1201(3)(A), (B), added par. (3) and redesignated former par. (3) as (4). Former par. (4) redesignated (5). Subsec. (d)(5). Pub. L. 114–94, § 1201(A), (C), redesig- nated par. (4) as (5) and substituted ‘‘paragraph (6)’’ for ‘‘paragraph (5)’’. Former par. (5) redesignated (6). Subsec. (d)(6), (7). Pub. L. 114–94, § 1201(3)(A), redesig- nated pars. (5) and (6) as (6) and (7), respectively. Subsec. (e)(4)(B). Pub. L. 114–94, § 1201(4), substituted ‘‘subsection (d)(6)’’ for ‘‘subsection (d)(5)’’. Subsec. (g)(3)(A). Pub. L. 114–94, § 1201(5), inserted ‘‘tourism, natural disaster risk reduction,’’ after ‘‘eco- nomic development,’’. Subsec. (h)(1)(I), (J). Pub. L. 114–94, § 1201(6)(A), added subpars. (I) and (J). Subsec. (h)(2)(A). Pub. L. 114–94, § 1201(6)(B), sub- stituted ‘‘and the general purposes described in section 5301 of title 49’’ for ‘‘and in section 5301(c) of title 49’’. Subsec. (i)(2)(A)(i). Pub. L. 114–94, § 1201(7)(A)(i), sub- stituted ‘‘public transportation facilities, intercity bus facilities,’’ for ‘‘transit,’’. Subsec. (i)(2)(G). Pub. L. 114–94, § 1201(7)(A)(ii), sub- stituted ‘‘, provide’’ for ‘‘and provide’’ and inserted ‘‘, and reduce the vulnerability of the existing trans- portation infrastructure to natural disasters’’ before period at end. Subsec. (i)(2)(H). Pub. L. 114–94, § 1201(7)(A)(iii), in- serted before period at end ‘‘including consideration of the role that intercity buses may play in reducing con- gestion, pollution, and energy consumption in a cost- Page 186 TITLE 23—HIGHWAYS § 134 effective manner and strategies and investments that preserve and enhance intercity bus systems, including systems that are privately owned and operated’’. Subsec. (i)(6)(A). Pub. L. 114–94, § 1201(7)(B), inserted ‘‘public ports,’’ before ‘‘freight shippers,’’ and ‘‘(includ- ing intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program)’’ after ‘‘private providers of transportation’’. Subsec. (i)(8). Pub. L. 114–94, § 1201(7)(C), substituted ‘‘paragraph (2)(E)’’ for ‘‘paragraph (2)(C)’’ in two places. Subsec. (k)(3)(A). Pub. L. 114–94, § 1201(8)(A), inserted ‘‘(including intercity bus operators, employer-based commuting programs such as a carpool program, van- pool program, transit benefit program, parking cash- out program, shuttle program, or telework program), job access projects,’’ after ‘‘reduction’’. Subsec. (k)(3)(C), (D). Pub. L. 114–94, § 1201(8)(B), added subpars. (C) and (D). Subsec. (l)(1). Pub. L. 114–94, § 1201(9)(A), inserted pe- riod at end. Subsec. (l)(2)(D). Pub. L. 114–94, § 1201(9)(B), sub- stituted ‘‘with a population of 200,000 or less’’ for ‘‘of less than 200,000’’. Subsec. (n)(1). Pub. L. 114–94, § 1201(10), inserted ‘‘49’’ after ‘‘chapter 53 of title’’. Subsec. (p). Pub. L. 114–94, § 1201(11), substituted ‘‘Funds apportioned under paragraphs (5)(D) and (6) of section 104(b)’’ for ‘‘Funds set aside under section 104(f)’’. Subsec. (r). Pub. L. 114–94, § 1201(12), added subsec. (r). 2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to metropolitan trans- portation planning and consisted of subsecs. (a) to (p). 2008—Subsec. (f)(3)(C)(ii)(II). Pub. L. 110–244, § 101(n)(1), added subcl. (II) and struck out former subcl. (II). Prior to amendment, text read as follows: ‘‘In addi- tion to funds made available to the metropolitan plan- ning 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 plan- ning process for the Lake Tahoe region under this sub- paragraph.’’ Subsec. (j)(3)(D). Pub. L. 110–244, § 101(n)(2), inserted ‘‘or the identified phase’’ after ‘‘the project’’ in two places. Subsec. (k)(2). Pub. L. 110–244, § 101(n)(3), struck out ‘‘a metropolitan planning area serving’’ before ‘‘a transportation management area,’’. 2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to met- ropolitan transportation planning for provisions relat- ing to, in subsec. (a), general requirements for develop- ment of transportation plans and programs for urban- ized areas, in subsec. (b), designation of metropolitan planning organizations, in subsec. (c), determination of metropolitan planning area boundaries, in subsec. (d), coordination of transportation planning in multistate metropolitan areas, in subsec. (e), coordination of met- ropolitan planning organizations, in subsec. (f), scope of the planning process, in subsec. (g), development of a long-range transportation plan, in subsec. (h), develop- ment of a metropolitan area transportation improve- ment program, in subsec. (i), designation of transpor- tation management areas, in subsec. (j), abbreviated plans and programs for areas not designated as trans- portation management areas, in subsec. (k), transfer of funds, in subsec. (l), additional requirements for non- attainment areas under the Clean Air Act,in subsec. (m), limitation on statutory construction, in subsec. (n), funding, and in subsec. (o), review of plans and pro- grams under the National Environmental Policy Act of 1969. 1998—Subsec. (a). Pub. L. 105–178, § 1203(a), reenacted heading without change and amended text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘It is in the national interest to encourage and pro- mote the development of transportation systems em- bracing various modes of transportation in a manner which will efficiently maximize mobility of people and goods within and through urbanized areas and mini- mize transportation-related fuel consumption and air pollution. To accomplish this objective, metropolitan planning organizations, in cooperation with the State, shall develop transportation plans and programs for ur- banized areas of the State. Such plans and programs shall provide for the development of transportation fa- cilities (including pedestrian walkways and bicycle transportation facilities) which will function as an intermodal transportation system for the State, the metropolitan areas, and the Nation. The process for de- veloping such plans and programs shall provide for con- sideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the de- gree appropriate, based on the complexity of the trans- portation problems.’’ Subsec. (b)(1), (2). Pub. L. 105–178, § 1203(b)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) IN GENERAL.—To carry out the transportation planning process required by this section, a metropoli- tan planning organization shall be designated for each urbanized area of more than 50,000 population by agree- ment among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population (including the cen- tral city or cities as defined by the Bureau of the Cen- sus) or in accordance with procedures established by applicable State or local law. ‘‘(2) MEMBERSHIP OF CERTAIN MPO’S.—In a metropoli- tan area designated as a transportation management area, the metropolitan planning organization des- ignated for such area shall include local elected offi- cials, officials of agencies which administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization on June 1, 1991) and appropriate State officials. This paragraph shall only apply to a metropolitan planning organization which is redesignated after the date of the enactment of this section.’’ Subsec. (b)(4). Pub. L. 105–178, § 1203(b)(2), reenacted heading without change and amended text of par. (4) generally. Prior to amendment, text read as follows: ‘‘Designations of metropolitan planning organizations, whether made under this section or other provisions of law, shall remain in effect until redesignated under paragraph (5) or revoked by agreement among the Gov- ernor and units of general purpose local government which together represent at least 75 percent of the af- fected population or as otherwise provided under State or local procedures.’’ Subsec. (b)(5)(A). Pub. L. 105–178, § 1203(b)(3), sub- stituted ‘‘agreement between the Governor’’ for ‘‘agree- ment among the Governor’’ and ‘‘government that to- gether represent’’ for ‘‘government which together rep- resent’’. Subsec. (b)(6). Pub. L. 105–178, § 1203(b)(4), amended heading and text of par. (6) generally. Prior to amend- ment, text read as follows: ‘‘More than 1 metropolitan planning organization may be designated within an ur- banized area as defined by the Bureau of the Census only if the Governor determines that the size and com- plexity of the urbanized area make designation of more than 1 metropolitan planning organization for such area appropriate.’’ Subsec. (c). Pub. L. 105–178, § 1203(c), inserted ‘‘Plan- ning’’ before ‘‘Area’’ in subsec. heading, designated first sentence as par. (1), inserted par. heading, and in- serted ‘‘planning’’ before ‘‘area’’, added pars. (2) to (4), realigned margins, and struck out at end ‘‘Each metro- politan area shall cover at least the existing urbanized area and the contiguous area expected to become ur- banized within the 20-year forecast period and may en- compass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. For areas designated as nonattainment areas for ozone or carbon monoxide Page 187 TITLE 23—HIGHWAYS § 134 under the Clean Air Act, the boundaries of the metro- politan area shall at least include the boundaries of the nonattainment area, except as otherwise provided by agreement between the metropolitan planning organi- zation and the Governor.’’ Subsec. (d). Pub. L. 105–178, § 1203(d), reenacted head- ing without change and amended text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘(1) IN GENERAL.—The Secretary shall establish such requirements as the Secretary considers appropriate to encourage Governors and metropolitan planning orga- nizations with responsibility for a portion of a multi- State metropolitan area to provide coordinated trans- portation planning for the entire metropolitan area. ‘‘(2) COMPACTS.—The consent of Congress is hereby given to any 2 or more States 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 such activities pertain to interstate areas and local- ities within such States and to establish such agencies, joint or otherwise, as such States may deem desirable for making such agreements and compacts effective.’’ Subsec. (e). Pub. L. 105–178, § 1203(e), substituted ‘‘MPOs’’ for ‘‘MPO’s’’ in subsec. heading, designated ex- isting provisions as par. (1) and inserted par. heading, added par. (2), and realigned margins. Subsec. (f). Pub. L. 105–178, § 1203(f), amended heading and text of subsec. (f) generally, substituting provisions relating to scope of planning process for provisions re- lating to factors to be considered in developing trans- portation plans and programs. Subsec. (g). Pub. L. 105–178, § 1203(g)(6), substituted ‘‘Long-Range Transportation Plan’’ for ‘‘Long Range Plan’’ in heading. Subsec. (g)(1). Pub. L. 105–178, § 1203(g)(8), substituted ‘‘long-range transportation plan’’ for ‘‘long range plan’’. Subsec. (g)(2). Pub. L. 105–178, § 1203(g)(1), (7), (8), sub- stituted ‘‘Long-range transportation plan’’ for ‘‘Long range plan’’ in heading and substituted ‘‘long-range transportation plan’’ for ‘‘long range plan’’ and ‘‘con- tain, at a minimum, the following’’ for ‘‘, at a min- imum’’ in introductory provisions. Subsec. (g)(2)(A). Pub. L. 105–178, § 1203(g)(2), (8), sub- stituted ‘‘An identification of’’ for ‘‘Identify’’ and ‘‘long-range transportation plan’’ for ‘‘long range plan’’. Subsec. (g)(2)(B). Pub. L. 105–178, § 1203(g)(3), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘Include a financial plan that dem- onstrates how the long-range 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 innovative fi- nancing techniques to finance needed projects and pro- grams, including such techniques as value capture, tolls and congestion pricing.’’ Subsec. (g)(3). Pub. L. 105–178, § 1203(g)(8), substituted ‘‘long-range transportation plan’’ for ‘‘long range plan’’. Subsec. (g)(4). Pub. L. 105–178, § 1203(g)(4), (8), sub- stituted ‘‘long-range transportation plan’’ for ‘‘long range plan’’ in two places and inserted ‘‘freight ship- pers, providers of freight transportation services,’’ after ‘‘transportation agency employees,’’ and ‘‘rep- resentatives of users of public transit,’’ after ‘‘private providers of transportation,’’. Subsec. (g)(5). Pub. L. 105–178, § 1203(g)(7), (8), sub- stituted ‘‘long-range transportation plan’’ for ‘‘long range plan’’ in heading and in introductory provisions. Subsec. (g)(6). Pub. L. 105–178, § 1203(g)(5), added par. (6). Subsec. (h). Pub. L. 105–178, § 1203(h), amended head- ing and text of subsec. (h) generally. Prior to amend- ment, text related to transportation improvement pro- gram, providing for development of program, priority and selection of projects, major capital investments, requirement of inclusion of projects within area pro- posed for funding, and provision of reasonable notice and opportunity to comment for interested citizens. Subsec. (h)(5)(A). Pub. L. 105–178, § 1203(o), as added by Pub. L. 105–206, § 9003(c), struck out ‘‘for implementa- tion’’ after ‘‘federally funded projects’’ in introductory provisions. Subsec. (i)(1). Pub. L. 105–178, § 1203(i)(1), reenacted heading without change and amended text of par. (1) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall designate as transportation man- agement areas all urbanized areas over 200,000 popu- lation. The Secretary shall designate any additional area as a transportation management area upon the re- quest of the Governor and the metropolitan planning organization designated for such area or the affected local officials. Such additional areas shall include upon such a request the Lake Tahoe Basin as defined by Pub- lic Law 96–551.’’ Subsec. (i)(4). Pub. L. 105–178, § 1203(i)(2), reenacted heading without change and amended text of par. (4) generally. Prior to amendment, text read as follows: ‘‘All projects carried out within the boundaries of a transportation management area with Federal partici- pation pursuant to this title (excluding projects under- taken on the National Highway System and pursuant to the bridge and Interstate maintenance programs) or pursuant to chapter 53 of title 49 shall be selected by the metropolitan planning organization designated for such area in consultation with the State and in con- formance with the transportation improvement pro- gram for such area and priorities established therein. Projects undertaken within the boundaries of a trans- portation management area on the National Highway System or pursuant to the bridge and Interstate main- tenance programs shall be selected by the State in co- operation with the metropolitan planning organization designated for such area and shall be in conformance with the transportation improvement program for such area.’’ Subsec. (i)(5). Pub. L. 105–178, § 1203(i)(3), reenacted heading without change and amended text of par. (5) generally. Prior to amendment, text read as follows: ‘‘The Secretary shall assure that each metropolitan planning organization in each transportation manage- ment area is carrying out its responsibilities under ap- plicable provisions of Federal law, and shall so certify at least once every 3 years. The Secretary may make such certification only if (1) a metropolitan planning organization is complying with the requirements of this section and other applicable requirements of Fed- eral law, and (2) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. If after September 30, 1993, a metropolitan planning or- ganization is not certified by the Secretary, the Sec- retary may withhold, in whole or in part, the appor- tionment under section 104(b)(3) attributed to the rel- evant metropolitan area pursuant to section 133(d)(3) and capital funds apportioned under the formula pro- gram under section 5336 of title 49. If a metropolitan planning organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of the apportionment attributed to that metro- politan area under section 133(d)(3) and capital funds apportioned under the formula program under section 5336 of title 49 shall be withheld. The withheld appor- tionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. The Secretary shall not withhold certification under this section based upon the policies and criteria established by a metropolitan planning organization or transit grant recipient for de- termining the feasibility of private enterprise partici- pation in accordance with section 5306(a) of title 49.’’ Subsec. (j). Pub. L. 105–178, § 1203(j), reenacted heading without change and amended text of subsec. (j) gen- erally. Prior to amendment, text read as follows: ‘‘For metropolitan areas not designated as transportation management areas under this section, the Secretary may provide for the development of abbreviated metro- politan transportation plans and programs that the Secretary determines to be appropriate to achieve the Page 188 TITLE 23—HIGHWAYS § 134 purposes of this section, taking into account the com- plexity of transportation problems, including transpor- tation related air quality problems, in such areas. In no event shall the Secretary provide abbreviated plans or programs for metropolitan areas which are in non- attainment for ozone or carbon monoxide under the Clean Air Act.’’ Subsec. (l). Pub. L. 105–178, § 1203(k), designated exist- ing provisions as par. (1), inserted heading, and added par. (2). Subsec. (n). Pub. L. 105–178, § 1203(l), amended heading and text of subsec. (n) generally. Prior to amendment, text read as follows: ‘‘Any funds set aside pursuant to section 104(f) of this title that are not used for the pur- pose of carrying out this section may be made available by the metropolitan planning organization to the State for the purpose of funding activities under section 135.’’ Subsec. (o). Pub. L. 105–178, § 1203(m), added subsec. (o). 1995—Subsec. (f)(16). Pub. L. 104–59 added par. (16). 1994—Subsecs. (h)(5), (i)(3), (4). Pub. L. 103–429, § 3(5)(A), substituted ‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’. Subsec. (i)(5). Pub. L. 103–429, § 3(5)(B), substituted ‘‘section 5336 of title 49’’ for ‘‘section 9 of the Federal Transit Act’’ in two places and ‘‘section 5306(a) of title 49’’ for ‘‘section 8(o) of the Federal Transit Act’’. Subsec. (k). Pub. L. 103–429, § 3(5)(C), (D), substituted ‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’ wherever appearing and ‘‘chapter 53 funds’’ for ‘‘Fed- eral Transit Act funds’’. Subsecs. (l), (m). Pub. L. 103–429, § 3(5)(C), substituted ‘‘chapter 53 of title 49’’ for ‘‘the Federal Transit Act’’. 1992—Subsec. (k). Pub. L. 102–388 inserted at end ‘‘The provisions of title 23, United States Code, regarding the non-Federal share shall apply to title 23 funds used for transit projects and the provisions of the Federal Tran- sit Act regarding non-Federal share shall apply to Fed- eral Transit Act funds used for highway projects.’’ 1991—Pub. L. 102–240 substituted section catchline for one which read: ‘‘Transportation planning in certain urban areas’’ and amended text generally, substituting present provisions for provisions relating to transpor- tation planning in certain urban areas, including provi- sions stating transportation objectives, requiring con- tinuing comprehensive planning process by States and local communities, and relating to redesignation of metropolitan planning organizations, designation of contiguous interstate areas as critical transportation regions and corridors, establishment of planning bodies for such regions and corridors, and authorization of ap- propriations. 1978—Subsec. (a). Pub. L. 95–599, § 169(a), inserted pro- visions related to cooperation with local officials and specific considerations in the planning process. Subsecs. (b), (c). Pub. L. 95–599, § 169(b), added subsec. (b) and redesignated former subsec. (b) as (c). 1970—Pub. L. 91–605 designated existing provisions as subsec. (a), inserted provision prohibiting a highway construction project in any urban area of 50,000 or more population unless responsible public officials of such area have been consulted and their views considered with respect to the corridor, the location, and the de- sign of the project, and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title. EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Title IX of Pub. L. 105–206 effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, and provisions of Pub. L. 105–178, as in effect on day before July 22, 1998, that are amended by title IX of Pub. L. 105–206 to be treated as not enacted, see section 9016 of Pub. L. 105–206, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102–240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102–240, set out as a note under section 104 of this title. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS Pub. L. 117–58, div. A, title I, § 11202, Nov. 15, 2021, 135 Stat. 519, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan trans- portation plan are defined as ‘beyond the first 4 years’.’’ PRIORITIZATION PROCESS PILOT PROGRAM Pub. L. 117–58, div. A, title I, § 11204, Nov. 15, 2021, 135 Stat. 520, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means any of the following: ‘‘(A) A metropolitan planning organization that serves an area with a population of over 200,000. ‘‘(B) A State. ‘‘(2) METROPOLITAN PLANNING ORGANIZATION.—The term ‘metropolitan planning organization’ has the meaning given the term in section 134(b) of title 23, United States Code. ‘‘(3) PRIORITIZATION PROCESS PILOT PROGRAM.—The term ‘prioritization process pilot program’ means the pilot program established under subsection (b)(1). ‘‘(b) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary [of Transpor- tation] shall establish and solicit applications for a prioritization process pilot program. ‘‘(2) PURPOSE.—The purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that, on completion, can be evaluated for public benefit. ‘‘(c) PILOT PROGRAM ADMINISTRATION.— ‘‘(1) IN GENERAL.—An eligible entity participating in the prioritization process pilot program shall— ‘‘(A) use priority objectives that are developed— ‘‘(i) in the case of an urbanized area with a pop- ulation of over 200,000, by the metropolitan plan- ning organization that serves the area, in con- sultation with the State; ‘‘(ii) in the case of an urbanized area with a pop- ulation of 200,000 or fewer, by the State in con- sultation with all metropolitan planning organi- zations in the State; and ‘‘(iii) through a public process that provides an opportunity for public input; ‘‘(B) assess and score projects and strategies on the basis of— ‘‘(i) the contribution and benefits of the project or strategy to each priority objective developed under subparagraph (A); ‘‘(ii) the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause (i); and Page 189 TITLE 23—HIGHWAYS § 134 ‘‘(iii) public support; ‘‘(C) use the scores assigned under subparagraph (B) to guide project selection in the development of the transportation plan and transportation im- provement program; and ‘‘(D) ensure that the public— ‘‘(i) has opportunities to provide public com- ment on projects before decisions are made on the transportation plan and the transportation im- provement program; and ‘‘(ii) has access to clear reasons why each project or strategy was selected or not selected. ‘‘(2) REQUIREMENTS.—An eligible entity that re- ceives a grant under the prioritization process pilot program shall use the funds as described in each of the following, as applicable: ‘‘(A) METROPOLITAN TRANSPORTATION PLANNING.— In the case of a metropolitan planning organization that serves an area with a population of over 200,000, the entity shall— ‘‘(i) develop and implement a publicly acces- sible, transparent prioritization process for the selection of projects for inclusion on the trans- portation plan for the metropolitan planning area under section 134(i) of title 23, United States Code, and section 5303(i) of title 49, United States Code, which shall— ‘‘(I) include criteria identified by the metro- politan planning organization, which may be weighted to reflect the priority objectives de- veloped under paragraph (1)(A), that the metro- politan planning organization has determined support— ‘‘(aa) factors described in section 134(h) of title 23, United States Code, and section 5303(h) of title 49, United States Code; ‘‘(bb) targets for national performance measures under section 150(b) of title 23, United States Code; ‘‘(cc) applicable transportation goals in the metropolitan planning area or State set by the applicable transportation agency; and ‘‘(dd) priority objectives developed under paragraph (1)(A); ‘‘(II) evaluate the outcomes for each proposed project on the basis of the benefits of the pro- posed project with respect to each of the cri- teria described in subclause (I) relative to the cost of the proposed project; and ‘‘(III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and ‘‘(ii) with respect to the priority list under sec- tion 134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D). ‘‘(B) STATEWIDE TRANSPORTATION PLANNING.—In the case of a State, the State shall— ‘‘(i) develop and implement a publicly acces- sible, transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section 135(f) of title 23, United States Code, which shall— ‘‘(I) include criteria identified by the State, which may be weighted to reflect statewide pri- orities, that the State has determined support— ‘‘(aa) factors described in section 135(d) of title 23, United States Code, and section 5304(d) of title 49, United States Code; ‘‘(bb) national transportation goals under section 150(b) of title 23, United States Code; ‘‘(cc) applicable transportation goals in the State; and ‘‘(dd) the priority objectives developed under paragraph (1)(A); ‘‘(II) evaluate the outcomes for each proposed project on the basis of the benefits of the pro- posed project with respect to each of the cri- teria described in subclause (I) relative to the cost of the proposed project; and ‘‘(III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and ‘‘(ii) with respect to the statewide transpor- tation improvement program under section 135(g) of title 23, United States Code, and section 5304(g) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D). ‘‘(C) ADDITIONAL TRANSPORTATION PLANNING.—If the eligible entity has implemented, and has in ef- fect, the requirements under subparagraph (A) or (B), as applicable, the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning pur- pose. ‘‘(D) EXCEPTIONS TO PRIORITY RANKING.—In the case of any project that the eligible entity chooses to include or not include in the transportation im- provement program under section 134(j) of title 23, United States Code, or the statewide transportation improvement program under section 135(g) of title 23, United States Code, as applicable, in a manner that is contrary to the priority ranking for that project established under subparagraph (A)(i)(III) or (B)(i)(III), the eligible entity shall make publicly available an explanation for the decision, includ- ing— ‘‘(i) a review of public comments regarding the project; ‘‘(ii) an evaluation of public support for the project; ‘‘(iii) an assessment of geographic balance of projects of the eligible entity; and ‘‘(iv) the number of projects of the eligible enti- ty in economically distressed areas. ‘‘(3) MAXIMUM AMOUNT.—The maximum amount of a grant under the prioritization process pilot program is $2,000,000. ‘‘(d) APPLICATIONS.—To be eligible to participate in the prioritization process pilot program, an eligible en- tity shall submit to the Secretary an application at such time, in such manner, and containing such infor- mation as the Secretary may require.’’ TRAVEL DEMAND DATA AND MODELING Pub. L. 117–58, div. A, title I, § 11205, Nov. 15, 2021, 135 Stat. 523, provided that: ‘‘(a) DEFINITION OF METROPOLITAN PLANNING ORGANI- ZATION.—In this section, the term ‘metropolitan plan- ning organization’ has the meaning given the term in section 134(b) of title 23, United States Code. ‘‘(b) STUDY.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], and not less frequently than once every 5 years thereafter, the Secretary [of Transportation] shall carry out a study that— ‘‘(A) gathers travel data and travel demand fore- casts from a representative sample of States and metropolitan planning organizations; ‘‘(B) uses the data and forecasts gathered under subparagraph (A) to compare travel demand fore- casts with the observed data, including— ‘‘(i) traffic counts; ‘‘(ii) travel mode share and public transit rider- ship; and ‘‘(iii) vehicle occupancy measures; and ‘‘(C) uses the information described in subpara- graphs (A) and (B)— ‘‘(i) to develop best practices or guidance for States and metropolitan planning organizations to use in forecasting travel demand for future in- vestments in transportation improvements; ‘‘(ii) to evaluate the impact of transportation investments, including new roadway capacity, on travel behavior and travel demand, including pub- lic transportation ridership, induced highway travel, and congestion; ‘‘(iii) to support more accurate travel demand forecasting by States and metropolitan planning organizations; and Page 190 TITLE 23—HIGHWAYS § 134 ‘‘(iv) to enhance the capacity of States and met- ropolitan planning organizations— ‘‘(I) to forecast travel demand; and ‘‘(II) to track observed travel behavior re- sponses, including induced travel, to changes in transportation capacity, pricing, and land use patterns. ‘‘(2) SECRETARIAL SUPPORT.—The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models, and forecasts described in this subsection. ‘‘(3) EVALUATION TOOL.—The Secretary shall develop a publicly available multimodal web-based tool for the purpose of enabling States and metropolitan planning organizations to evaluate the effect of in- vestments in highway and public transportation projects on the use and conditions of all transpor- tation assets within the State or area served by the metropolitan planning organization, as applicable.’’ INCREASING SAFE AND ACCESSIBLE TRANSPORTATION OPTIONS Pub. L. 117–58, div. A, title I, § 11206, Nov. 15, 2021, 135 Stat. 524, provided that: ‘‘(a) DEFINITION OF COMPLETE STREETS STANDARDS OR POLICIES.—In this section, the term ‘Complete Streets standards or policies’ means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system, including pedes- trians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motor- ists, and freight vehicles. ‘‘(b) FUNDING REQUIREMENT.—Notwithstanding any other provision of law, each State and metropolitan planning organization shall use to carry out 1 or more activities described in subsection (c)— ‘‘(1) in the case of a State, not less than 2.5 percent of the amounts made available to the State to carry out section 505 of title 23, United States Code; and ‘‘(2) in the case of a metropolitan planning organi- zation, not less than 2.5 percent of the amounts made available to the metropolitan planning organization under section 104(d) of title 23, United States Code. ‘‘(c) ACTIVITIES DESCRIBED.—An activity referred to in subsection (b) is an activity to increase safe and ac- cessible options for multiple travel modes for people of all ages and abilities, which, if permissible under appli- cable State and local laws, may include— ‘‘(1) adoption of Complete Streets standards or poli- cies; ‘‘(2) development of a Complete Streets prioritization plan that identifies a specific list of Complete Streets projects to improve the safety, mo- bility, or accessibility of a street; ‘‘(3) development of transportation plans— ‘‘(A) to create a network of active transportation facilities, including sidewalks, bikeways, or pedes- trian and bicycle trails, to connect neighborhoods with destinations such as workplaces, schools, resi- dences, businesses, recreation areas, healthcare and child care services, or other community activity centers; ‘‘(B) to integrate active transportation facilities with public transportation service or improve ac- cess to public transportation; ‘‘(C) to create multiuse active transportation in- frastructure facilities, including bikeways or pedes- trian and bicycle trails, that make connections within or between communities; ‘‘(D) to increase public transportation ridership; and ‘‘(E) to improve the safety of bicyclists and pedes- trians; ‘‘(4) regional and megaregional planning to address travel demand and capacity constraints through al- ternatives to new highway capacity, including through intercity passenger rail; and ‘‘(5) development of transportation plans and poli- cies that support transit-oriented development. ‘‘(d) FEDERAL SHARE.—The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary [of Transportation] deter- mines that the interests of the Federal-aid highway program would be best served by decreasing or elimi- nating the non-Federal share. ‘‘(e) STATE FLEXIBILITY.—A State or metropolitan planning organization, with the approval of the Sec- retary, may opt out of the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104 [probably means section 104 of title 23, United States Code], that the State or metro- politan planning organization— ‘‘(1) has Complete Streets standards and policies in place; and ‘‘(2) has developed an up-to-date Complete Streets prioritization plan as described in subsection (c)(2).’’ TRANSPORTATION ACCESS PILOT PROGRAM Pub. L. 117–58, div. A, title III, § 13010, Nov. 15, 2021, 135 Stat. 644, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) METROPOLITAN PLANNING ORGANIZATION.—The term ‘metropolitan planning organization’ has the meaning given the term in section 134(b) of title 23, United States Code. ‘‘(2) STATE.—The term ‘State’ has the meaning given the term in section 101(a) of title 23, United States Code. ‘‘(3) SURFACE TRANSPORTATION MODES.—The term ‘surface transportation modes’ means— ‘‘(A) driving; ‘‘(B) public transportation; ‘‘(C) walking; ‘‘(D) cycling; and ‘‘(E) a combination of any of the modes of trans- portation described in subparagraphs (A) through (D). ‘‘(4) PILOT PROGRAM.—The term ‘pilot program’ means the transportation pilot program established under subsection (b). ‘‘(5) REGIONAL TRANSPORTATION PLANNING ORGANIZA- TION.—The term ‘regional transportation planning or- ganization’ has the meaning given the term in sec- tion 134(b) of title 23, United States Code. ‘‘(b) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Sec- retary [of Transportation] shall establish a transpor- tation pilot program. ‘‘(c) PURPOSE.—The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program— ‘‘(1) to improve the transportation planning of those eligible entities by— ‘‘(A) measuring the level of access by surface transportation modes to important destinations, which may include— ‘‘(i) jobs; ‘‘(ii) health care facilities; ‘‘(iii) child care services; ‘‘(iv) educational and workforce training facili- ties; ‘‘(v) housing; ‘‘(vi) food sources; ‘‘(vii) points within the supply chain for freight commodities; ‘‘(viii) domestic or international markets; and ‘‘(ix) connections between surface transpor- tation modes; and ‘‘(B) disaggregating the level of access by surface transportation modes by a variety of— ‘‘(i) population categories, which may include— ‘‘(I) low-income populations; ‘‘(II) minority populations; ‘‘(III) age; Page 191 TITLE 23—HIGHWAYS § 134 ‘‘(IV) disability; and ‘‘(V) geographical location; or ‘‘(ii) freight commodities, which may include— ‘‘(I) agricultural commodities; ‘‘(II) raw materials; ‘‘(III) finished products; and ‘‘(IV) energy commodities; and ‘‘(2) to assess the change in accessibility that would result from new transportation investments. ‘‘(d) ELIGIBLE ENTITIES.—An entity eligible to partici- pate in the pilot program is— ‘‘(1) a State; ‘‘(2) a metropolitan planning organization; or ‘‘(3) a regional transportation planning organiza- tion. ‘‘(e) APPLICATION.—To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to— ‘‘(1) previous experience of the eligible entity meas- uring transportation access or other performance management experience, if applicable; ‘‘(2) the types of important destinations to which the eligible entity intends to measure access; ‘‘(3) the types of data disaggregation the eligible entity intends to pursue; ‘‘(4) a general description of the methodology the eligible entity intends to apply; and ‘‘(5) if the applicant does not intend the pilot pro- gram to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply. ‘‘(f) SELECTION.— ‘‘(1) IN GENERAL.—The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall in- clude— ‘‘(A) States; ‘‘(B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; ‘‘(C) metropolitan planning organizations that serve an area with a population of over 200,000 peo- ple; and ‘‘(D) regional transportation planning organiza- tions. ‘‘(2) INCLUSIONS.—The Secretary shall seek to en- sure that, among the eligible entities selected under paragraph (1), there is— ‘‘(A) a range of capacity and previous experience with measuring transportation access; and ‘‘(B) a variety of proposed methodologies and focus areas for measuring level of access. ‘‘(g) DUTIES.—For each eligible entity participating in the pilot program, the Secretary shall— ‘‘(1) develop or acquire an accessibility data set de- scribed in subsection (c); and ‘‘(2) submit the data set to the eligible entity. ‘‘(h) METHODOLOGY.—In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. ‘‘(i) AVAILABILITY.—The Secretary shall make an ac- cessibility data set under the pilot program available to— ‘‘(1) units of local government within the jurisdic- tion of the eligible entity participating in the pilot program; and ‘‘(2) researchers. ‘‘(j) REPORT.—Not later than 2 years after the date of enactment of this Act [Nov. 15, 2021], and every 2 years thereafter, the Secretary shall submit to the Com- mittee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastruc- ture of the House of Representatives a report on the re- sults of the pilot program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities. ‘‘(k) TRANSPORTATION SYSTEM ACCESS.— ‘‘(1) IN GENERAL.—The Secretary shall establish consistent measures that States, metropolitan plan- ning organizations, and regional transportation plan- ning organizations may choose to adopt to assess the level of safe and convenient access by surface trans- portation modes to important destinations as de- scribed in subsection (c)(1)(A). ‘‘(2) SAVINGS PROVISION.—Nothing in this section provides the Secretary the authority— ‘‘(A) to establish a performance measure or re- quire States or metropolitan planning organiza- tions to set a performance target for access as de- scribed in paragraph (1); or ‘‘(B) to establish any other Federal requirement. ‘‘(l) FUNDING.—The Secretary shall carry out the pilot program using amounts made available to the Sec- retary for administrative expenses to carry out pro- grams under the authority of the Secretary. ‘‘(m) SUNSET.—The pilot program shall terminate on the date that is 8 years after the date on which the pilot program is implemented.’’ SCHEDULE FOR IMPLEMENTATION Pub. L. 109–59, title VI, § 6001(b), Aug. 10, 2005, 119 Stat. 1857, provided that: ‘‘The Secretary [of Transpor- tation] shall issue guidance on a schedule for imple- mentation of the changes made by this section [amend- ing this section and section 135 of this title], taking into consideration the established planning update cycle for States and metropolitan planning organiza- tions. The Secretary shall not require a State or metro- politan planning organization to deviate from its estab- lished planning update cycle to implement changes made by this section. Beginning July 1, 2007, State or metropolitan planning organization plan or program updates shall reflect changes made by this section.’’ DEMONSTRATION PROJECT FOR RESTRICTED ACCESS TO CENTRAL BUSINESS DISTRICT OF METROPOLITAN AREAS Pub. L. 95–599, title I, § 155, Nov. 6, 1978, 92 Stat. 2717, authorized Secretary of Transportation to carry out a demonstration project in a metropolitan area respect- ing the restriction of access of motor vehicles to the central business district during peak hours of traffic, authorized the necessary appropriations, and required progress reports and a final report and recommenda- tions not later than three years after Nov. 6, 1978. REDUCTION OF URBAN BLIGHT ADJACENT TO FEDERAL- AID PRIMARY AND INTERSTATE HIGHWAYS LOCATED IN CENTRAL BUSINESS DISTRICTS Pub. L. 95–599, title I, § 159, Nov. 6, 1978, 92 Stat. 2718, directed Secretary to conduct a study and submit a re- port to Congress not later than two years after Nov. 6, 1978, respecting the potential for reducing urban blight adjacent to Federal-aid primary and interstate high- ways located in central business districts. URBAN SYSTEM STUDY Pub. L. 94–280, title I, § 149, May 5, 1976, 90 Stat. 447, directed Secretary of Transportation to conduct a study of the factors involved in planning, selection, etc., of Federal-aid urban system routes including an analysis of organizations carrying out the planning process, the status of jurisdiction over roads, pro- graming responsibilities under local and State laws, and authority of local units, such study to be sub- mitted to Congress within six months of May 5, 1976. FRINGE PARKING DEMONSTRATION PROJECTS Pub. L. 90–495, § 11, Aug. 23, 1968, 82 Stat. 820, author- ized Secretary to approve construction of publicly owned parking facilities under this title until June 30, 1971, as a demonstration project, authorized the Fed- eral share of any project under this section to be 50%, prevented approval of projects by the Secretary unless the State or political subdivision thereof where the project is located can construct, maintain, and operate the facility, unless the Secretary has entered into an Page 192 TITLE 23—HIGHWAYS § 135 agreement with the State or political subdivision gov- erning the financing, maintenance, and operation of the facility, and unless the Secretary has approved de- sign standards for construction of the facility, defined ‘‘parking facilities’’, permitted a State or political sub- division to contract for the operation of such facility, prohibited approval of the project by the Secretary un- less it is carried on in accordance with section 134 of this title (this section), and required annual reports to Congress on the demonstration projects approved under this section, prior to repeal by Pub. L. 91–605, title I, § 134(c), Dec. 31, 1970, 84 Stat. 1734. See section 137 of this title. § 135. Statewide and nonmetropolitan transpor- tation planning (a) GENERAL REQUIREMENTS.— (1) DEVELOPMENT OF PLANS AND PROGRAMS.— Subject to section 134, to accomplish the ob- jectives stated in section 134(a), each State shall develop a statewide transportation plan and a statewide transportation improvement program for all areas of the State. (2) CONTENTS.—The statewide transportation plan and the transportation improvement pro- gram developed for each State shall provide for the development and integrated manage- ment and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation facilities, and intermodal facilities that support inter- city transportation, including intercity buses and intercity bus facilities and commuter van pool providers) that will function as an inter- modal transportation system for the State and an integral part of an intermodal transpor- tation system for the United States. (3) PROCESS OF DEVELOPMENT.—The process for developing the statewide plan and the transportation improvement program shall provide for consideration of all modes of trans- portation and the policies stated in section 134(a) and shall be continuing, cooperative, and comprehensive to the degree 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 134 for metropolitan areas of the State and with statewide trade and economic 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.— (1) IN GENERAL.—Two or more States may 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 sec- tion related to interstate areas and localities in the States and establishing authorities the States consider desirable for making the agreements and compacts effective. (2) RESERVATION OF RIGHTS.—The right to alter, amend, or repeal interstate compacts entered into under this subsection is expressly reserved. (d) SCOPE OF PLANNING PROCESS.— (1) IN GENERAL.—Each State shall carry out a statewide transportation planning process that provides for consideration and implemen- tation 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, produc- tivity, and efficiency; (B) increase the safety of the transpor- tation system for motorized and non- motorized users; (C) increase the security of the transpor- tation system for motorized and non- motorized users; (D) increase the accessibility and mobility of people and freight; (E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency be- tween transportation improvements and State and local planned growth and eco- nomic development patterns; (F) enhance the integration and connectivity of the transportation system, across and between modes throughout the State, for people and freight; (G) promote efficient system management and operation; (H) emphasize the preservation of the ex- isting transportation system; (I) improve the resiliency and reliability of the transportation system and reduce or mitigate stormwater impacts of surface transportation; and (J) enhance travel and tourism. (2) PERFORMANCE-BASED APPROACH.— (A) IN GENERAL.—The statewide transpor- tation planning process shall provide for the establishment and use of a performance- based approach to transportation decision- making to support the national goals de- scribed in section 150(b) of this title and the general purposes described in section 5301 of title 49. (B) PERFORMANCE TARGETS.— (i) SURFACE TRANSPORTATION PERFORM- ANCE TARGETS.— (I) IN GENERAL.—Each State shall es- tablish performance targets that address the performance measures described in section 150(c), where applicable, to use in tracking progress towards attainment of critical outcomes for the State. (II) COORDINATION.—Selection of per- formance targets by a State shall be co- ordinated with the relevant metropoli- tan planning organizations to ensure consistency, to the maximum extent practicable. (ii) PUBLIC TRANSPORTATION PERFORM- ANCE TARGETS.—In areas not represented by a metropolitan planning organization, selection of performance targets by a State shall be coordinated, to the max- imum extent practicable, with providers of