119 STAT. 1848
PUBLIC LAW 109–59—AUG. 10, 2005 area that are proposed for funding under chapter 1 of this title and chapter 53 of title 49. ‘‘(B) PROJECTS UNDER CHAPTER 2.— ‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under chapter 2 shall be identified individually in the transportation improvement program. ‘‘(ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 that are not determined to be regionally significant shall be grouped in one line item or identified individually in the transportation improvement program. ‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION PLAN.—Each project shall be consistent with the long-range transportation plan developed under subsection (i) for the area. ‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.— 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 the project within the time period contemplated for completion of the project. ‘‘(4) NOTICE AND COMMENT.—Before approving a TIP, a metropolitan planning organization, in cooperation with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). ‘‘(5) SELECTION OF PROJECTS.— ‘‘(A) IN GENERAL.—Except as otherwise provided in subsection (k)(4) and in addition to the TIP development required under paragraph (1), the selection of federally funded projects in metropolitan areas shall be carried out, from the approved TIP— ‘‘(i) by— ‘‘(I) in the case of projects under this title, the State; and ‘‘(II) in the case of projects under chapter 53 of title 49, the designated recipients of public transportation funding; and ‘‘(ii) in cooperation with the metropolitan planning organization. ‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included in the approved TIP in place of another project in the program. ‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— ‘‘(A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). ‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by the Secretary shall be required for a State or metropolitan planning organization to select any project from the illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv) for inclusion in an approved TIP.
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