Page:United States Statutes at Large Volume 112 Part 1.djvu/205

 -S CSTfe* PUBLIC LAW 105-178-JUNE 9, 1998 112 STAT. 179 "(D) REVIEW OF CERTIFICATION.— In making certification determinations under this paragraph, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.". (j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS. — Section 134(j) of such title is amended to read as follows: " (j) ABBREVIATED PLANS AND PROGRAMS 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 long-range transportation plan and transportation improvement program for the metropolitan area that the Secretary determines is appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in the area. "(2) NONATTAINMENT AREAS.— The Secretary may not permit abbreviated plans or programs 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.).". (k) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT AREAS.—Section 134(1) of such title is amended— 23 USC 134. (1) by striking "Notwithstanding" and inserting the following: " (1) IN GENERAL.— Notwithstanding"; and (2) by adding at the end the following: "(2) APPLICABILITY.— This subsection applies to a nonattainment area within the metropolitan planning area boundaries determined under subsection (c).". (1) FUNDING.— Section 134(n) of such title is amended to read as follows: "(n) FUNDING. — "(1) IN GENERAL.—Funds set aside under section 104(f) of this title to carry out sections 5303 through 5305 of title 49 shall be available to carry out this section. "(2) UNUSED FUNDS.— Any funds that are not used to carry out this section may be made available by the metropolitan planning organization to the State to fund activities under section 135.". (m) CONTINUATION OF CURRENT REVIEW PRACTICE.—Section 134 of such title is amended by adding at the end the following: "(o) 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.).". (n) TECHNICAL AMENDMENT. — The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 134 and inserting the following: "134. Metropolitan planning.".

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