105 STAT. 1962 PUBLIC LAW 102-240—DEC. 18, 1991 "(m) LIMITATION ON STATUTORY CONSTRUCTION.— Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title or the Federal Transit Act. "(n) REPROGRAMMING OF SET ASIDE FUNDS.—Any funds set aside pursuant to section 104(f) of this title that are not used for the purpose of carrying out this section may be made available by the metropolitan planning organization to the State for the purpose of funding activities under section 135.". Os) AMENDMENTS TO SECTION 104.— Section 104(f) of title 23, United States Code, is amended— (1) in paragraph (1) by striking "one-half per centum" and inserting "1 percent"; (2) in paragraph (1) by striking "the Federal-aid systems" and inserting "programs authorized under this title"; (3) in paragraph (1) by striking "except that" and all that follows before the period and inserting "except that the amount from which such set aside is made shall not include funds authorized to be appropriated for the Interstate construction and Interstate substitute programs"; (4) in paragraph (3) by striking "section 120" and inserting "se ction 120(j)"; (5) in paragraph (4) by striking "and metropolitan area transportation needs" and inserting "attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out the requirements of section 134 and other applicable requirements of Federal law"; and (6) by adding at the end the following new paragraph: "(5) DETERMINATION OF POPULATION FIGURES.—For the purposes of determining population figures under this subsection, the Secretary shall use the most recent estimate published by the Secretary of Commerce.". (c) CONFORMING AMENDMENTS. — (1) The analysis of chapter 1 of title 23, United States Code, is amended by striking "Sec. 134. Transportation planning in certain urban areas." and inserting "Sec. 134. Metropolitan planning.". (2) Section 104(f)(3) of title 23, United States Code, is amended by striking "designated by the State as being". SEC. 1025. STATEWIDE PLANNING. (a) IN GENERAL.—Section 135 of title 23, United States Code, is amended to read as follows: "§ 135. Statewide planning "(a) ^GENERAL REQUIREMENTS.— It is in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner that will serve all areas of the State efficiently and effectively. Subject to section 134 of this title, the State shall develop transportation plans and programs for all areas of the State. Such plans and programs shall provide for development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which
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