Page:United States Statutes at Large Volume 119.djvu/1862

 119 STAT. 1844

PUBLIC LAW 109–59—AUG. 10, 2005 and TIPs shall be developed with due consideration of other related planning activities within the metropolitan area, and the process shall provide for the design and delivery of transportation services within the metropolitan area that are provided by— ‘‘(A) recipients of assistance under chapter 53 of title 49; ‘‘(B) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a source other than the Department of Transportation to provide nonemergency transportation services; and ‘‘(C) recipients of assistance under section 204. ‘‘(h) SCOPE OF PLANNING PROCESS.— ‘‘(1) IN GENERAL.—The metropolitan planning process for a metropolitan planning area under this section shall provide for consideration of projects and strategies that will— ‘‘(A) support the economic vitality of the metropolitan area, especially by enabling global competitiveness, productivity, and efficiency; ‘‘(B) increase the safety of the transportation system for motorized and nonmotorized users; ‘‘(C) increase the security of the transportation system for motorized and nonmotorized users; ‘‘(D) increase the accessibility and mobility of people and for freight; ‘‘(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and State and local planned growth and economic development patterns; ‘‘(F) enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; ‘‘(G) promote efficient system management and operation; and ‘‘(H) emphasize the preservation of the existing transportation system. ‘‘(2) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this title or chapter 53 of title 49, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting a transportation plan, a TIP, a project or strategy, or the certification of a planning process. ‘‘(i) DEVELOPMENT OF TRANSPORTATION PLAN.— ‘‘(1) IN GENERAL.—Each metropolitan planning organization shall prepare and update a transportation plan for its metropolitan planning area in accordance with the requirements of this subsection. The metropolitan planning organization shall prepare and update such plan every 4 years (or more frequently, if the metropolitan planning organization elects to update more frequently) in the case of each of the following: ‘‘(A) Any area designated as nonattainment, as defined in section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)). ‘‘(B) Any area that was nonattainment and subsequently designated to attainment in accordance with section 107(d)(3) of that Act (42 U.S.C. 7407(d)(3)) and that

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