§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, 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.

(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 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. The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306.

(d) Project Selection.-(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.

(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) 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.

(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.

(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.).

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 794 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
5305(a)–(e)	49 App.:1607(i).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §8(i); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743 ; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227 ; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2103 ; Oct. 6, 1992, Pub. L. 102–388, §502(f), 106 Stat. 1566 .
5305(f)	49 App.:1607(l).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §8(j), (l); added Nov. 6, 1978, Pub. L. 95–599, §305(b), 92 Stat. 2743 ; Apr. 2, 1987, Pub. L. 100–17, §310, 101 Stat. 227 ; restated Dec. 18, 1991, Pub. L. 102–240, §3012, 105 Stat. 2104 .
5305(g)	49 App.:1607(j).

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

Act of December 19, 1980, referred to in subsec. (a)(2), is Pub. L. 96–551, Dec. 19, 1980, 94 Stat. 3233 , which is not classified to the Code.

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 (§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.

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 section 135.