105 STAT. 1932 PUBLIC LAW 102-240—DEC. 18, 1991 SEC. 1008. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. (a) ESTABLISHMENT OF PROGRAM.— Section 149 of title 23, United States Code, is amended to read as follows: "§ 149. Congestion mitigation and air quality improvement program "(a) ESTABLISHMENT. — The Secretary shall establish a congestion mitigation and air quality improvement program in accordance with this section. "(b) ELIGIBLE PROJECTS.— Except as provided in subsection (c), a State may obligate funds apportioned to it under section 104(b)(2) for the congestion mitigation and air quality improvement program only for a transportation project or program— "(1)(A) if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clauses (xii) and (xvi) of such section), that the project or program is likely to contribute to the attainment of a national ambient air quality standard; or "(B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section; "(2) if the project or program is included in a State implementation plan that has been approved pursuant to the Clean Air Act and the project will have air quality benefits; or "(3) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the project or program is likely to contribute to the attainment of a national ambient air quality standard, whether through reductions in vehicle miles traveled, fuel consumption, or through other factors. No funds may be provided under this section for a project which will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times. "(c) STATES WITHOUT A NONATTAINMENT AREA. —If a State does not have a nonattainment area for ozone or carbon monoxide under the Clean Air Act located within its borders, the State may use funds apportioned to it under section 104(b)(2) for any project eligible for assistance under the surface transportation program. "(d) APPLICABILITY OF PLANNING REQUIREMENTS.— Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135 of this title.". (b) APPORTIONMENT.—Section 104(b)(2) of such title is amended to read as follows: "(2) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.— For the congestion mitigation and air quality improvement program, in the ratio which the weighted nonattainment area population of each State bears to the total weighted nonattainment area population of all States. The weighted nonattainment area population shall be calculated by
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