[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR450.332]

[Page 115-116]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 450--PLANNING ASSISTANCE AND STANDARDS--Table of Contents
 
     Subpart C--Metropolitan Transportation Planning and Programming
 
Sec. 450.332  Project selection for implementation.

    (a) In areas not designated as TMAs and when Sec. 450.332(c) does 
not apply, projects to be implemented using title 23 funds other than 
Federal lands projects or Federal Transit Act funds

[[Page 116]]

shall be selected by the State and/or the transit operator, in 
cooperation with the MPO from the approved metropolitan TIP. Federal 
Lands Highways program projects shall be selected in accordance with 23 
U.S.C. 204.
    (b) In areas designated as TMAs where Sec. 450.332(c) does not 
apply, all title 23 and Federal Transit Act funded projects, except 
projects on the NHS and projects funded under the bridge, interstate 
maintenance, and Federal Lands Highways programs, shall be selected by 
the MPO in consultation with the State and transit operator from the 
approved metropolitan TIP and in accordance with the priorities in the 
approved metropolitan TIP. Projects on the NHS, and projects funded 
under the bridge and Interstate maintenance programs shall be selected 
by the State in cooperation with the MPO, from the approved metropolitan 
TIP. Federal Lands Highway Program projects shall be selected in 
accordance with 23 U.S.C. 204.
    (c) Once a TIP that meets the requirements of Sec. 450.324 has been 
developed and approved, the first year of the TIP shall constitute an 
``agreed to'' list of projects for project selection purposes and no 
further project selection action is required for the implementing agency 
to proceed with projects, except where the appropriated Federal funds 
available to the metropolitan planning area are significantly less than 
the authorized amounts. In this case, a revised ``agreed to'' list of 
projects shall be jointly developed by the MPO, State, and the transit 
operator if requested by the MPO, State, or the transit operator. If the 
State or transit operator wishes to proceed with a project in the second 
or third year of the TIP, the specific project selection procedures 
stated in paragraphs (a) and (b) of this section must be used unless the 
MPO, State, and transit operator jointly develop expedited project 
selection procedures to provide for the advancement of projects from the 
second or third year of the TIP.
    (d) Projects not included in the Federally approved STIP will not be 
eligible for funding with title 23, U.S.C., or Federal Transit Act 
funds.
    (e) In nonattainment and maintenance areas, priority will be given 
to the timely implementation of TCMs contained in the applicable SIP in 
accordance with the U.S. EPA conformity regulations at 40 CFR part 51.