; (bb) the actions taken to bring the corridor or cordon into compliance; and (cc) the progress made by those actions. (IV) Compliance If a public authority fails to bring a facility into compliance under this subparagraph, the Secretary may subject the public authority to appropriate program sanctions under section 1.36 of title 23, Code of Federal Regulations (or successor regulations), until the performance is no longer degraded. (vi) Consultation of MPO If a toll facility authorized under this subparagraph is located on the National Highway System and in a metropolitan planning area established in accordance with section 134, the public authority shall consult with the metropolitan planning organization for the area. (vii) Inclusion For the purposes of this paragraph, the corridor or cordon shall include toll-free facilities that are adjacent to the toll facility. ; (B) in paragraph (3)— (i) in subparagraph (A)— (I) in clause (iv) by striking and at the end; and (II) by striking clause (v) and inserting the following: (v) any project eligible under this title or chapter 53 of title 49 that improves the operation of the corridor or cordon by increasing person or freight throughput and reducing person hours of delay; (vi) toll discounts or rebates for users of the toll facility that have no reasonable alternative transportation method to the toll facility; and (vii) if the public authority certifies annually that the tolled facility is being adequately maintained and the cordon or corridor is not degraded under paragraph (1)(E), any revenues remaining after funding the activities described in clauses (i) through (vi) shall be considered surplus revenue and may be used for any other purpose for which Federal funds may be obligated by a State under this title or chapter 53 of title 49.