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 state-
wide planning process to provide for greater participation
by elected officials having jurisdiction over transportation
in nonmetropolitan areas, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. COORDINATION.
Section 135(b) of title 23, United States Code, is
amended by inserting before ‘‘and shall’’ the following:
‘‘and with planning activities carried out by local elected
officials having jurisdiction over transportation for areas
of the State for which no metropolitan planning organiza-
tion is designated under section 134’’.
SEC. 2. STATE PLANNING PROCESS.
Section 135(c) of title 23, United States Code, is
amended—
(1) in paragraph (5) by striking ‘‘consultation’’
and inserting ‘‘cooperation’’; and
(2) in paragraph (6) by inserting before the pe-
riod at the end ‘‘and any plan developed by local
elected officials having jurisdiction over transpor-
tation for areas of the State for which no metropoli-
tan planning organization is designated under sec-
tion 134’’.
SEC. 3. LONG-RANGE PLAN.
Section 135(e) of title 23, United States Code, is
amended by inserting after the second sentence the follow-
ing: ‘‘With respect to areas of the State for which no met-
ropolitan planning organization is designated under sec-
tion 134, the plan shall be developed in cooperation with
local elected officials having jurisdiction over transpor-
tation for such areas.’’.
SEC. 4. TRANSPORTATION IMPROVEMENT PROGRAM.
(a) DEVELOPMENT.—Section 135(f)(1) of title 23,
United States Code, is amended by inserting after the sec-
ond sentence the following: ‘‘With respect to areas of the
State for which no metropolitan planning organization is
designated under section 134, the program shall be devel-
oped in cooperation with local elected officials having ju-
risdiction over transportation for such areas.’’.
(b) INCLUDED PROJECTS.—Section 135(f)(2) of such
title is amended by inserting after ‘‘program,’’ the follow-
ing: ‘‘which are consistent with any transportation im-
provement program developed by local elected officials
having jurisdiction over transportation for areas of the
State for which no metropolitan planning organization is
designated under section 134,’’.
(c) PROJECT SELECTION.—Section 135(f)(3) of such
title is amended to read as follows:
‘‘(3) 
PROJECT
SELECTION
FOR
NONMETROPOLITAN AREAS.—Projects undertaken in
areas of a State for which no metropolitan planning
organization is designated under section 134, shall
be selected jointly by the State and local elected offi-
cials having jurisdiction over transportation for such
areas.’’.
SEC. 5. ARBITRATION PROCESS.
Section 135 of title 23, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(i) ARBITRATION PROCESS.—If a State and a met-
ropolitan planning organization for an area within the
boundaries of such State or local elected officials having
jurisdiction over transportation for areas of the State for
which no metropolitan planning organization is designated
under section 134 are not able to agree on a transpor-
tation improvement program or a project, the Secretary
shall appoint an arbitrator to resolve such disagreement.’’.
SEC. 6. INVESTIGATORY POWER.
Section 135 of title 23, United States Code, is further
amended by adding at the end the following new sub-
section:
‘‘(j) INVESTIGATORY POWER.—If there is alleged a
violation of section 134 or this section by a State, a metro-
politan planning organization for an area within the
boundaries of such State, or a local elected official having
jurisdiction over transportation for an area of the State
for which no metropolitan planning organization is des-
ignated under section 134, the Secretary shall investigate
such violation and shall have such powers as are necessary
to conduct such investigation.’’.
SEC. 7. SUBALLOCATION OF SURFACE TRANSPORTATION
PROGRAM FUNDS.
Section 133(d)(3) of title 23, United States Code, is
amended by adding at the end the following:
‘‘(F) SUBALLOCATION OF FUNDS.—Funds
apportioned to a State under section 104(b)(3)
for a fiscal year and subject to this paragraph
shall be suballocated for obligation for areas of
the State by agreement of the State, metropoli-
tan planning organizations, and local elected of-
ficials having jurisdiction over transportation.
No funds suballocated for obligation in an area
of a State may be obligated in any other area
of the State without the agreement of all metro-
politan planning organizations or local elected
officials having jurisdiction over transportation
(in areas outside of a Metropolitan Planning
Organization boundaries) in the area for which
such funds are suballocated.’’.
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