119 STAT. 1878
PUBLIC LAW 109–59—AUG. 10, 2005
(1) DEVELOPMENT.—The Secretary shall develop a nationwide programmatic agreement governing the review of activities that support the deployment of intelligent transportation infrastructure and systems in accordance with section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and the regulations of the Advisory Council on Historic Preservation. (2) CONSULTATION.—The Secretary shall develop the agreement under paragraph (1) in consultation with the National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation established under title II of the National Historic Preservation Act (26 U.S.C. 470i et seq.) and after soliciting the views of other interested parties. (c) INTELLIGENT TRANSPORTATION INFRASTRUCTURE AND SYSTEMS DEFINED.—In this section, the term ‘‘intelligent transportation infrastructure and systems’’ means intelligent transportation infrastructure and intelligent transportation systems, as such terms are defined in subtitle C of title V of this Act. SEC. 6011. TRANSPORTATION CONFORMITY.
(a) CONFORMITY REDETERMINATIONS.—Section 176(c)(2) of the Clean Air Act (42 U.S.C. 7506(c)(2)) is amended by adding at the end the following: ‘‘(E) The appropriate metropolitan planning organization shall redetermine conformity of existing transportation plans and programs not later than 2 years after the date on which the Administrator— ‘‘(i) finds a motor vehicle emissions budget to be adequate in accordance with section 93.118(e)(4) of title 40, Code of Federal Regulations (as in effect on October 1, 2004); ‘‘(ii) approves an implementation plan that establishes a motor vehicle emissions budget if that budget has not yet been determined to be adequate in accordance with clause (i); or ‘‘(iii) promulgates an implementation plan that establishes or revises a motor vehicle emissions budget.’’. (b) FREQUENCY OF CONFORMITY DETERMINATION UPDATES.— Section 176(c)(4)(B)(ii) of the Clean Air Act (42 U.S.C. 7506(c)(4)(B)(ii)) is amended to read as follows: ‘‘(ii) address the appropriate frequency for making conformity determinations, but the frequency for making conformity determinations on updated transportation plans and programs shall be every 4 years, except in a case in which— ‘‘(I) the metropolitan planning organization elects to update a transportation plan or program more frequently; or ‘‘(II) the metropolitan planning organization is required to determine conformity in accordance with paragraph (2)(E); and’’. (c) TIME HORIZON FOR CONFORMITY DETERMINATIONS IN NONATTAINMENT AREAS.—Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is amended by adding at the end the following: ‘‘(7) CONFORMITY HORIZON FOR TRANSPORTATION PLANS.— ‘‘(A) IN GENERAL.—Each conformity determination required under this section for a transportation plan under
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