Page:United States Statutes at Large Volume 112 Part 1.djvu/210

 112 STAT. 184 PUBLIC LAW 105-178-JUNE 9, 1998 "(B) NATIONAL HIGHWAY SYSTEM PROJECTS. —Projects carried out in areas described in subparagraph (A) on the National Highway System and projects carried out in such areas under the bridge program or the Interstate maintenance program shall be selected, from the approved statewide transportation improvement program, by the State in consultation with the affected local officials. "(4) BIENNIAL REVIEW AND APPROVAL.— A transportation improvement program developed under this subsection shall be reviewed and, on a finding that the planning process through which the program was developed is consistent with this section, section 134, and sections 5303 through 5305 of title 49, approved not less frequently than biennially by the Secretary. "(5) MODIFICATIONS TO PROJECT PRIORITY.— Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved statewide transportation improvement program in place of another project in the program.". 23 USC 135. (g) FUNDING.— Section 134(g) of such title is amended by striking "section 307(c)(1)" and inserting "section 505(a)". (h) CONTINUATION OF CURRENT REVIEW PRACTICE.—Section 135 of such title is amended by adding at the end the following: "(i) 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.).". 23 USC 135 note. (i) PARTICIPATION OF LOCAL ELECTED OFFICIALS.— (1) STUDY. — The Secretary shall conduct a study on the effectiveness of the participation of local elected officials in transportation planning and programming. In conducting the study, the Secretary shall consider the degree of cooperation between each State, local officials in rural areas in the State, and regional planning and development organizations in the State. (2) REPORT.— Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress a report containing the results of the study with any recommendations the Secretary determines appropriate as a result of the study. SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES. (a) CONTRACTING PROCEDURES. —Section 112(b)(2) of title 23, United States Code, is amended in clauses (i) and (ii) of subparagraph (B) by striking ", except to" each place it appears and all that follows through the period at the end and inserting a period. (b) SELECTION PROCESS.—Section 112 of title 23, United States Code, is amended by adding at the end the following: "(g) SELECTION PROCESS.— ^A State may procure, under a single contract, the services of a consultant to prepare any environmental impact assessments or analyses required for a project, including

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