Page:United States Statutes at Large Volume 104 Part 4.djvu/149

 PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2465 exterior boundaries of the reservation or other areas within the tribe's jurisdiction; and "(C) the Indian tribe is reasonably expected to be capable, in the judgment of the Administrator, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of this Act and all applicable regulations. "(3) The Administrator may promulgate regulations which establish the elements of tribal implementation plans and procedures for approval or disapproval of tribal implementation plans and portions thereof. "(4) In any case in which the Administrator determines that the treatment of Indian tribes as identical to States is inappropriate or administratively infeasible, the Administrator may provide, by regulation, other means by which the Administrator will directly administer such provisions so as to achieve the appropriate purpose. "(5) Until such time as the Administrator promulgates regulations pursuant to this subsection, the Administrator may continue to provide financial assistance to eligible Indian tribes under section 105. ". SEC. 108. MISCELLANEOUS GUIDANCE. (a) TRANSPORTATION PLANNING GUIDANCE.— Section 108(e) of the Clean Air Act is amended by deleting the first sentence and insert- 42 USC 7408. ing in lieu thereof the following: "The Administrator shall, after consultation with the Secretary of Transportation, and after providing public notice and opportunity for comment, and with State and local officials, within nine months after enactment of the Clean Air Act Amendments of 1989 and periodically thereafter as necessary to maintain a continuous transportation-air quality planning process, update the June 1978 Transportation-Air Quality Planning Guidelines and publish guidance on the development and implementation of transportation and other measures necessary to demonstrate and maintain attainment of national ambient air quality standards.". (b) TRANSPORTATION CONTROL MEASURES.— Section 108(fKl) of the Clean Air Act is amended by deleting all after "(f)" through the end of subparagraph (A) and inserting in lieu thereof the following: "(1) The Administrator shall publish and make available to appro- Public priate Federal, State, and local environmental and transportation information. agencies not later than one year after enactment of the Clean Air Act Amendments of 1990, and from time to time thereafter— "(A) information prepared, as appropriate, in consultation with the Secretary of Transportation, and after providing public notice and opportunity for comment, regarding the formulation and emission reduction potential of transportation control measures related to criteria pollutants and their precursors, including, but not limited to— "(i) programs for improved public transit; "(ii) restriction of certain roads or lanes to, or construction of such roads or lanes for use by, passenger buses or high occupancy vehicles; "(iii) employer-based transportation management plans, including incentives; "(iv) trip-reduction ordinances; "(v) traffic flow improvement programs that achieve emission reductions;

�