Page:United States Statutes at Large Volume 112 Part 1.djvu/204

 112 STAT. 178 PUBLIC LAW 105-178-JUNE 9, 1998 "(A) IN GENERAL. —All federally funded projects carried out within the boundaries of a transportation management area under this title (excluding projects carried out on the National Highway System and projects carried out under the bridge program or the Interstate maintenance program) or under chapter 53 of title 49 shall be selected for implementation from the approved transportation improvement program by the metropolitan planning organization designated for the area in consultation with the State and any affected public transit operator. "(B) NATIONAL HIGHWAY SYSTEM PROJECTS. — 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 for implementation from the approved transportation improvement program by the State in cooperation with the metropolitan planning organization designated for the area.". 23 USC 134. (3) CERTIFICATION.— Section 134(i)(5) of such title is amended to read as follows: " (5) CERTIFICATION.— "(A) IN GENERAL.— The Secretary shall— "(i) ensure that the metropolitan planning process in each transportation management area is being carried out in accordance with applicable provisions of Federal law; and "(ii) subject to subparagraph (B), certify, not less often than once every 3 years, that the requirements of this paragraph are met with respect to the transportation management area. "(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 transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. "(C) EFFECT OF FAILURE TO CERTIFY.— " (i) WITHHOLDING OF FUNDS. —If a metropolitan planning process is not certified, the Secretary may withhold up to 20 percent of the apportioned funds attributable to the transportation management area under this title and chapter 53 of title 49. "(ii) RESTORATION OF WITHHELD FUNDS.—The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. "(iii) FEASIBILITY OF PRIVATE ENTERPRISE PARTICI- PATION. — The Secretary shall not withhold certification under this paragraph based on the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 5306(a) of title 49.

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