108 STAT. 794 PUBLIC LAW 103-272—JULY 5, 1994 mass transportation or highway projects. A mass transportation project that has an approved draft Environmental Impact Statement is exempt from complying with requirements under the Act applicable to highway projects. § 5305. Transportation management areas (a) DESIGNATION. —The Secretary of Transportation shall designate as a transportation management area— (1) each urbanized area with a population of more than 200,000; and (2) any other area, including the Lake Tahoe Basin as defined in the Act of December 19, 1980 (Public Law 96- 551, 94 Stat. 3233), when requested by the chief executive officer and the metropolitan organization designated for the area or the affected local officials. (b) TRANSPORTATION PLANS AND PROGRAMS. —Transportation plans and programs in a transportation management area shall be based on a continuing and comprehensive transportation planning process the metropolitan planning organization carries out in cooperation with the State and mass transportation operators. (c) CONGESTION MANAGEMENT SYSTEM.— The transportation planning process under sections 5303, 5304, and 5306 of this title in a transportation management area shall include a congestion management system providing for effective management, through travel demand reduction and operational management strategies, of new and existing transportation facilities eligible for financing under this chapter and title 23. The Secretary shall establish a phase-in schedule to comply with sections 5303, 5304, and 5306. (d) PROJECT SELECTION. — (1)(A) In consultation with the State, the metropolitan planning organization designated for a transportation management area shall select the projects to be carried out in the area with United States Government participation under this chapter or title 23, except projects of the National Highway System or under the Bridge and Interstate Maintenance programs. (B) In cooperation with the metropolitan planning organization designated for a transportation management area, the State shall select the projects to be carried out in the area of the National Highway System or under the Bridge and Interstate Maintenance programs. (2)(A) A selection under this subsection must comply with the transportation improvement program for the area. (B) A selection under paragraph (1)(A) of this subsection must comply with priorities established in the program. (e) CERTIFICATION. — (1) At least once every 3 years, the Secretary shall ensure and certify that each metropolitan planning organization in each transportation management area is carrying out its responsibilities under applicable laws of the United States. The Secretary may make the certification only if the organization is complying with section 134 of title 23 and other applicable requirements of laws of the United States and the organization and chief executive officer have approved a transportation improvement program for the area. (2) If the Secretary does not certify before October 1, 1993, that a metropolitan planning organization is carrying out its responsibilities, the Secretary may withhold any part of the apportionment under section 104(b)(3) of title 23 attributed to the relevant metropolitan area under section 133(d)(3) of title 23 and capital amounts
�
