Page:United States Statutes at Large Volume 119.djvu/1574

 119 STAT. 1556

PUBLIC LAW 109–59—AUG. 10, 2005 transportation plan developed under subsection (i) for the area. ‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.— The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project. ‘‘(4) NOTICE AND COMMENT.—Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). ‘‘(5) SELECTION OF PROJECTS.— ‘‘(A) IN GENERAL.—Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from the approved TIP— ‘‘(i) by— ‘‘(I) in the case of projects under title 23, the State; and ‘‘(II) in the case of projects under this chapter, the designated recipients of public transportation funding; and ‘‘(ii) in cooperation with the metropolitan planning organization. ‘‘(B) 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 TIP in place of another project in the program. ‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— ‘‘(A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). ‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. ‘‘(7) PUBLICATION.— ‘‘(A) PUBLICATION OF TIPS.—A TIP involving Federal participation shall be published or otherwise made readily available by the metropolitan planning organization for public review. ‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.— An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds have been obligated in the preceding year shall be published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. The listing shall be consistent with the categories identified in the TIP.

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