PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 1965 are consistent with the long-range plan developed under this section for the State, which are consistent with the metropolitan transportation improvement program, and which in areas designated as nonattainment for ozone or carbon monoxide under the Clean Air Act conform with the applicable State implementation plan developed pursuant to the Clean Air Act. 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 such project within the time period contemplated for completion of the project. The program shall also reflect the priorities for programming and expenditures of funds, including transportation enhancements, required by this title. "(3) PROJECT SELECTION FOR AREAS LESS THAN 50,OOO POPU- LATION.—Projects undertaken in areas of less than 50,000 population (excluding projects undertaken on the National Highway System and pursuant to the bridge and Interstate maintenance programs) shall be selected by the State in cooperation with the affected local officials. Projects undertaken in such areas on the National Highway System or pursuant to the bridge and Interstate maintenance programs shall be selected 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 approved no less frequently than biennially by the Secretary. "(g) FUNDING. —Funds set aside pursuant to section 307(c)(1) of title 23, United States Code, shall be available to carry out the requirements of this section. (h) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION MANAGE- MENT SYSTEMS. —For purposes of this section, section 134, and section 8 of the Federal Transit Act, United States Code, State laws, rules or regulations pertaining to congestion management systems or programs may constitute the congestion management system under this Act if the Secretary finds that the State laws, rules or regulations are consistent with, and fulfill the intent of, the purposes of this section, section 134 or section 8 of such Act, as appropriate.". (b) CONFORMING AMENDMENT.—The analysis for chapter 1 of such title is amended by striking the item relating to section 135 and inserting the following: "135. Statewide planning.". SEC. 1026. NONDISCRIMINATION. (a) FUNDING OF HIGHWAY CONSTRUCTION TRAINING.— Subsection (b) of section 140 of title 23, United States Code, is amended by adding at the end the following new sentence: "Notwithstanding any other provision of law, not to exceed Vi of 1 percent of funds apportioned to a State for the surface transportation program under section 104(b) and the bridge program under section 144 may be available to carry out this subsection upon request of the State highway department to the Secretary.". (b) ELIGIBILITY FOR TRAINING PROGRAMS.— Subsections (b) and (c) of section 140 of such title are each amended by inserting "Indian tribal government," after "institution,". (c) INDIAN EMPLOYMENT PREFERENCE.— Section 140(d) of such title is amended by inserting after the first sentence the following new sentence: "States may implement a preference for employment of
�
