PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 795 apportioned under section 5336 of this title. If an organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of that apportionment and capital amounts shall be withheld. The withheld apportionments shall be restored when the Secretary certifies the organization. (3) The Secretary may not withhold certification based on the policies and criteria a metropolitan planning organization or mass transportation grant recipient establishes under section 5306(a) of this title for deciding the feasibility of private enterprise participation. (f) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT AREAS. —Government amounts may be made available for a mass transportation project resulting in a significant increase in carrying capacity for single occupant vehicles in a transportation management area classified as a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.) only if the project is part of an approved congestion management system. (g) AREAS NOT DESIGNATED TRANSPORTATION MANAGEMENT AREAS.— (1) The Secretary may provide for the development of abbreviated metropolitan transportation plans and programs the Secretary decides are appropriate to carry out this section and sections 5303, 5304, and 5306 of this title for metropolitan areas not designated transportation management areas under this section. The Secretary shall consider the complexity of transportation problems in those areas, including transportation-related air quality problems. (2) The Secretary may not provide an abbreviated plan or program for a metropolitan area in a nonattainment area for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.). §5306. Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations (a) PRIVATE ENTERPRISE PARTICIPATION. — A plan or program required by section 5303, 5304, or 5305 of this title shall encourage to the maximum extent feasible the participation of private enterprise. If equipment or a facility already being used in an urban area is to be acquired under this chapter, the program shall provide that it be improved so that it will better serve the transportation needs of the area. (b) RELATIONSHIP TO OTHER LIMITATIONS. — Sections 5303-5305 of this title do not authorize— (1) a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter or title 23; and (2) intervention in the msinagement of a transportation authority. §5307. Block grants (a) DEFINITIONS.—In this section— (1) "associated capital maintenance items" means equipment, tires, tubes, and material, each costing at least.5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used. (2) "designated recipient" means—
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