109 STAT. 588 PUBLIC LAW 104-59 —NOV. 28, 1995 (2) by adding at the end the following: "(5) TRANSPORTATION ENHANCEMENT ACTIVITIES. — "(A) CATEGORICAL EXCLUSIONS. —To the extent appropriate, the Secretary shall develop categorical exclusions from the requirement that an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) be prepared for transportation enhancement activities funded from the allocation required by subsection (d)(2). "(B) NATIONWIDE PROGRAMMATIC AGREEMENT. —The Secretary, in consultation with the National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation established under title n of the National Historic Preservation Act (16 U.S.C. 470i et seq.), shall develop a nationwide programmatic agreement governing the review of transportation enhancement activities funded from the allocation required by subsection (d)(2), in accordance with— "(i) section 106 of such Act (16 U.S.C. 470f); and "(ii) the regulations of the Advisory Council on Historic Preservation.". SEC. 317. METROPOLITAN PLANNING FOR fflGHWAY PROJECTS. Section 134(f) of title 23, United States Code, is amended by adding at the end the following: "(16) Recreational travel and tourism.". SEC. 318. NON-FEDERAL SHARE FOR CERTAIN TOLL BRIDGE PROJECTS. Section 144(1) of title 23, United States Code, is amended by adding at the end the following: "Any non-Federal funds expended for the seismic retrofit of the bridge may be credited toward the non-Federal share required as a condition of receipt of any Federal funds for seismic retrofit of the bridge made available after the date of the expenditure.". SEC. 319. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. (a) AREAS ELIGIBLE FOR FUNDS. — (1) IN GENERAL.— The first sentence of section 149(b) of title 23, United States Code, is amended— (A) by inserting "if the project or program is for an area in the State that was designated as a nonattainment area under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) during any part of fiscal year 1994 and" after "program" the second place it appears; and (B) in paragraph (1)(A) by striking "contribute" and all that follows through "; or" and inserting the following: "contribute to— "(i) the attainment of a national ambient air quality standard; or "(ii) the maintenance of a national ambient air quality standard in an area that was designated as a nonattainment area but that was later redesignated by the Administrator of the Environmental Protection Agency as an attainment area under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or".
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