I

104TH CONGRESS

2D SESSION H. R. 3227

To amend title 23, United States Code, relating to the statewide planning

process to provide for greater participation by elected officials having

jurisdiction over transportation in nonmetropolitan areas, and for other

purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 29, 1996

Mr. STUPAK introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To amend title 23, United States Code, relating to the statewide planning process to provide for greater participation

by elected officials having jurisdiction over transportation

in nonmetropolitan areas, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. COORDINATION.

4 Section 135(b) of title 23, United States Code, is

5 amended by inserting before ‘‘and shall’’ the following:

6 ‘‘and with planning activities carried out by local elected

7 officials having jurisdiction over transportation for areas
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1 of the State for which no metropolitan planning organiza2 tion is designated under section 134’’.

3 SEC. 2. STATE PLANNING PROCESS.

4 Section 135(c) of title 23, United States Code, is

5 amended—

6 (1) in paragraph (5) by striking ‘‘consultation’’

7 and inserting ‘‘cooperation’’; and

8 (2) in paragraph (6) by inserting before the pe9 riod at the end ‘‘and any plan developed by local

10 elected officials having jurisdiction over transpor11 tation for areas of the State for which no metropoli12 tan planning organization is designated under sec13 tion 134’’.

14 SEC. 3. LONG-RANGE PLAN.

15 Section 135(e) of title 23, United States Code, is

16 amended by inserting after the second sentence the follow17 ing: ‘‘With respect to areas of the State for which no met18 ropolitan planning organization is designated under sec19 tion 134, the plan shall be developed in cooperation with

20 local elected officials having jurisdiction over transpor21 tation for such areas.’’.

22 SEC. 4. TRANSPORTATION IMPROVEMENT PROGRAM.

23 (a) DEVELOPMENT.—Section 135(f)(1) of title 23,

24 United States Code, is amended by inserting after the sec25 ond sentence the following: ‘‘With respect to areas of the
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1 State for which no metropolitan planning organization is

2 designated under section 134, the program shall be devel3 oped in cooperation with local elected officials having ju4 risdiction over transportation for such areas.’’.

5 (b) INCLUDED PROJECTS.—Section 135(f)(2) of such

6 title is amended by inserting after ‘‘program,’’ the follow7 ing: ‘‘which are consistent with any transportation im8 provement program developed by local elected officials

9 having jurisdiction over transportation for areas of the

10 State for which no metropolitan planning organization is

11 designated under section 134,’’.

12 (c) PROJECT SELECTION.—Section 135(f)(3) of such

13 title is amended to read as follows:

14 ‘‘(3) PROJECT SELECTION FOR

15 NONMETROPOLITAN AREAS.—Projects undertaken in

16 areas of a State for which no metropolitan planning

17 organization is designated under section 134, shall

18 be selected jointly by the State and local elected offi19 cials having jurisdiction over transportation for such

20 areas.’’.

21 SEC. 5. ARBITRATION PROCESS.

22 Section 135 of title 23, United States Code, is

23 amended by adding at the end the following new sub24 section:
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1 ‘‘(i) ARBITRATION PROCESS.—If a State and a met2 ropolitan planning organization for an area within the

3 boundaries of such State or local elected officials having

4 jurisdiction over transportation for areas of the State for

5 which no metropolitan planning organization is designated

6 under section 134 are not able to agree on a transpor7 tation improvement program or a project, the Secretary

8 shall appoint an arbitrator to resolve such disagreement.’’.

9 SEC. 6. INVESTIGATORY POWER.

10 Section 135 of title 23, United States Code, is further

11 amended by adding at the end the following new sub12 section:

13 ‘‘(j) INVESTIGATORY POWER.—If there is alleged a

14 violation of section 134 or this section by a State, a metro15 politan planning organization for an area within the

16 boundaries of such State, or a local elected official having

17 jurisdiction over transportation for an area of the State

18 for which no metropolitan planning organization is des19 ignated under section 134, the Secretary shall investigate

20 such violation and shall have such powers as are necessary

21 to conduct such investigation.’’.

22 SEC. 7. SUBALLOCATION OF SURFACE TRANSPORTATION

23 PROGRAM FUNDS.

24 Section 133(d)(3) of title 23, United States Code, is

25 amended by adding at the end the following:
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1 ‘‘(F) SUBALLOCATION OF FUNDS.—Funds

2 apportioned to a State under section 104(b)(3)

3 for a fiscal year and subject to this paragraph

4 shall be suballocated for obligation for areas of

5 the State by agreement of the State, metropoli6 tan planning organizations, and local elected of7 ficials having jurisdiction over transportation.

8 No funds suballocated for obligation in an area

9 of a State may be obligated in any other area

10 of the State without the agreement of all metro11 politan planning organizations or local elected

12 officials having jurisdiction over transportation

13 (in areas outside of a Metropolitan Planning

14 Organization boundaries) in the area for which

15 such funds are suballocated.’’.

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