Page:United States Statutes at Large Volume 119.djvu/1868

 119 STAT. 1850

PUBLIC LAW 109–59—AUG. 10, 2005 the National Highway System and projects carried out within such boundaries under the bridge program or the Interstate maintenance program under this title shall be selected for implementation from the approved TIP by the State in cooperation with the metropolitan planning organization designated for the area. ‘‘(5) CERTIFICATION.— ‘‘(A) IN GENERAL.—The Secretary shall— ‘‘(i) ensure that the metropolitan planning process of a metropolitan planning organization serving a 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 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process. ‘‘(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 TIP for the metropolitan planning area that has been approved by the metropolitan planning organization and the Governor. ‘‘(C) EFFECT OF FAILURE TO CERTIFY.— ‘‘(i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning process of a metropolitan planning organization serving a transportation management area is not certified, the Secretary may withhold up to 20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this title and chapter 53 of title 49. ‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning process is certified by the Secretary. ‘‘(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. ‘‘(l) ABBREVIATED PLANS 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 transportation plan and TIP for the metropolitan planning 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 TIPs for a metropolitan area that is in nonattainment for ozone or carbon monoxide under the Clean Air Act.

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