§ 5305. — Transportation management areas.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5305]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5305. Transportation management areas
(a) Designation.--The Secretary of Transportation shall designate as
a transportation management area--
(1) each urbanized area with a population of more than 200,000;
and
(2) any other area, if requested by the chief executive officer
and the metropolitan planning organization designated for the area.
(b) Transportation Plans and Programs.--Transportation plans and
programs in a transportation management area shall be based on a
continuing and comprehensive transportation planning process the
metropolitan planning organization carries out in cooperation with the
State and affected mass transportation operators.
(c) Congestion Management System.--The transportation planning
process under sections 5303, 5304, and 5306 of this title in a
transportation management area shall include a congestion management
system providing for effective management, through travel demand
reduction and operational management strategies, of new and existing
transportation facilities eligible for financing under this chapter and
title 23.
(d) Project Selection.--(1)(A) All federally funded projects carried
out within the boundaries of a transportation management area under
title 23 (excluding projects carried out on the National Highway System
and projects carried out under the bridge and interstate maintenance
program) or under this chapter shall be selected from the approved
transportation improvement program by the metropolitan planning
organization designated for the area in consultation with the State and
any affected public transit operator.
(B) Projects carried out within the boundaries of a transportation
management area on the National Highway System and projects carried out
within such boundaries under the bridge program or the interstate
maintenance program shall be selected from the approved transportation
improvement program by the State in cooperation with the metropolitan
planning organization designated for the area.
(2)(A) A selection under this subsection must comply with the
transportation improvement program for the area.
(B) A selection under paragraph (1)(A) of this subsection must
comply with priorities established in the program.
(e) Certification.--(1) At least once every 3 years, the Secretary
shall ensure and certify that each metropolitan planning organization in
each transportation management area is carrying out its responsibilities
under applicable laws of the United States. The Secretary may make the
certification only if the organization is complying with section 134 of
title 23 and other applicable requirements of laws of the United States
and the organization and chief executive officer have approved a
transportation improvement program for the area.
(2)(A) If a metropolitan planning process is not certified, the
Secretary may withhold not more than 20 percent of the apportioned funds
attributable to the transportation management area under this chapter
and title 23.
(B) Any apportionments withheld under subparagraph (A) shall be
restored to the metropolitan area at such time as the metropolitan
planning organization is certified by the Secretary.
(3) The Secretary may not withhold certification based on the
policies and criteria a metropolitan planning organization or mass
transportation grant recipient establishes under section 5306(a) of this
title for deciding the feasibility of private enterprise participation.
(4) In making certification determinations under this subsection,
the Secretary shall provide for public involvement appropriate to the
metropolitan area under review.
(f) Additional Requirements for Certain Nonattainment Areas.--
Government amounts may be made available for a mass transportation
project resulting in a significant increase in carrying capacity for
single occupant vehicles in a transportation management area classified
as a nonattainment area for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.) only if the project is part of an approved
congestion management system.
(g) Areas Not Designated Transportation Management Areas.--(1) The
Secretary may provide for the development of abbreviated metropolitan
transportation plans and programs the Secretary decides are appropriate
to carry out this section and sections 5303, 5304, and 5306 of this
title for metropolitan areas not designated transportation management
areas under this section. The Secretary shall consider the complexity of
transportation problems in those areas, including transportation-related
air quality problems.
(2) The Secretary may not provide an abbreviated plan or program for
a metropolitan area in a nonattainment area for ozone or carbon monoxide
under the Clean Air Act (42 U.S.C. 7401 et seq.).
(h) Continuation of Current Review Practice.--Since plans and
programs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included in
the plans and programs 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 programs described in
this section have not been reviewed under such Act as of January 1,
1997, any decision by the Secretary concerning a plan or program
described in this section shall not be considered to be a Federal action
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 794; Pub. L. 105-
178, title III, Sec. 3006, June 9, 1998, 112 Stat. 346; Pub. L. 105-206,
title IX, Sec. 9009(d), July 22, 1998, 112 Stat. 854.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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5305(a)-(e)........................... 49 App.:1607(i). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 8(i); added Nov. 6, 1978,
Pub. L. 95-599, Sec. 305(b), 92 Stat.
2743; Apr. 2, 1987, Pub. L. 100-17,
Sec. 310, 101 Stat. 227; restated
Dec. 18, 1991, Pub. L. 102-240, Sec.
3012, 105 Stat. 2103; Oct. 6, 1992,
Pub. L. 102-388, Sec. 502(f), 106
Stat. 1566.
5305(f)............................... 49 App.:1607(l). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 8(j), (l); added Nov. 6,
1978, Pub. L. 95-599, Sec. 305(b), 92
Stat. 2743; Apr. 2, 1987, Pub. L. 100-
17, Sec. 310, 101 Stat. 227; restated
Dec. 18, 1991, Pub. L. 102-240, Sec.
3012, 105 Stat. 2104.
5305(g)............................... 49 App.:1607(j).
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In subsection (c), the words ``title 23'' are substituted for ``this
title'' for consistency in this chapter and to reflect the apparent
intent of Congress. The word ``appropriate'' is omitted as surplus.
In subsection (e)(2), the words ``under the formula program'' are
omitted as surplus.
In subsections (f) and (g), the word ``area'' is added for clarity
and consistency with 42:7501(2).
In subsection (f), the words ``Notwithstanding any other provisions
of this chapter or title 23, United States Code'' are omitted as
surplus.
References in Text
The Clean Air Act, referred to in subsecs. (f) and (g)(2), is act
July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified
generally to chapter 85 (Sec. 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 National Environmental Policy Act of 1969, referred to in
subsec. (h), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 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 4321 of
Title 42 and Tables.
Amendments
1998--Subsec. (a)(2). Pub. L. 105-178, Sec. 3006(a), added par. (2)
and struck out former par. (2) which read as follows: ``any other area,
including the Lake Tahoe Basin as defined in the Act of December 19,
1980 (Public Law 96-551, 94 Stat. 3233), when requested by the chief
executive officer and the metropolitan organization designated for the
area or the affected local officials.''
Subsec. (b). Pub. L. 105-178, Sec. 3006(b), inserted ``affected''
before ``mass transportation operators''.
Subsec. (c). Pub. L. 105-178, Sec. 3006(c), struck out at end ``The
Secretary shall establish a phase-in schedule to comply with sections
5303, 5304, and 5306.''
Subsec. (d)(1). Pub. L. 105-178, Sec. 3006(d), as amended by Pub. L.
105-206, Sec. 9009(d), amended par. (1) generally. Prior to amendment,
par. (1) read as follows:
``(1)(A) In consultation with the State, the metropolitan planning
organization designated for a transportation management area shall
select the projects to be carried out in the area with United States
Government participation under this chapter or title 23, except projects
of the National Highway System or under the Bridge and Interstate
Maintenance programs.
``(B) In cooperation with the metropolitan planning organization
designated for a transportation management area, the State shall select
the projects to be carried out in the area of the National Highway
System or under the Bridge and Interstate Maintenance programs.''
Subsec. (e)(2). Pub. L. 105-178, Sec. 3006(e)(1), added par. (2) and
struck out former par. (2) which read as follows: ``If the Secretary
does not certify before October 1, 1993, that a metropolitan planning
organization is carrying out its responsibilities, the Secretary may
withhold any part of the apportionment under section 104(b)(3) of title
23 attributed to the relevant metropolitan area under section 133(d)(3)
of title 23 and capital amounts apportioned under section 5336 of this
title. If an organization remains uncertified for more than 2
consecutive years after September 30, 1994, 20 percent of that
apportionment and capital amounts shall be withheld. The withheld
apportionments shall be restored when the Secretary certifies the
organization.''
Subsec. (e)(4). Pub. L. 105-178, Sec. 3006(e)(2), added par. (4).
Subsec. (h). Pub. L. 105-178, Sec. 3006(f), added subsec. (h).
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 Title 23, Highways.
Section Referred to in Other Sections
This section is referred to in sections 5303, 5304, 5306, 5307,
5309, 5313, 5314, 5323, 5338 of this title; title 23 sections 134, 135.
