I
105TH CONGRESS
1ST SESSION
H. R. 1551
To amend title 23, United States Code, to ensure that local officials are
permitted to participate in the selection of certain surface transportation
program projects undertaken in areas of less than 50,000 population,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 7, 1997
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, to ensure that local
officials are permitted to participate in the selection of
certain surface transportation program projects under-
taken in areas of less than 50,000 population, 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. SHORT TITLE.
This Act may be cited as the ‘‘Local Officials Trans-
portation Empowerment Act of 1997’’.
SEC. 2. SELECTION OF HIGHWAY PROJECTS FOR AREAS OF
LESS THAN 50,000 POPULATION.
Section 135(f)(3) of title 23, United States Code, is
amended to read as follows:
‘‘(3) PROJECT
SELECTION
FOR
AREAS
LESS
THAN 50,000 POPULATION.—
‘‘(A) AUTHORITY TO SELECT PROJECTS.—
‘‘(i) IN
GENERAL.—Projects under-
taken in areas of less than 50,000 popu-
lation (excluding projects undertaken on
the National Highway System and pursu-
ant to the Interstate maintenance pro-
gram) shall be selected pursuant to the
project selection procedures established
under subparagraph (B).
‘‘(ii) NHS AND INTERSTATE MAINTE-
NANCE PROGRAM PROJECTS.—Projects un-
dertaken in areas of less than 50,000 pop-
ulation on the National Highway System
or pursuant to the Interstate maintenance
program shall be selected by the State in
consultation with the affected local offi-
cials.
‘‘(B) 
PROJECT
SELECTION
PROCE-
DURES.—
‘‘(i) IN GENERAL.—Each State, in co-
operation with local officials in areas of
less than 50,000 population and after pro-
viding notice and an opportunity for public
comment, shall establish procedures for the
selection of projects described in subpara-
graph (A)(i).
‘‘(ii) REQUIREMENT.—Procedures es-
tablished pursuant to clause (i) shall en-
sure that local officials in areas of less
than 50,000 population are permitted to
participate equally with the State in the
selection of projects described in subpara-
graph (A)(i).
‘‘(iii) SUBMISSION TO SECRETARY.—
On or before September 30, 1998, the
State shall submit procedures established
under clause (i) to the Secretary for ap-
proval.
‘‘(iv) BIENNIAL REVIEW.—The State,
in cooperation with local officials in areas
of less than 50,000 population, shall review
the procedures established under clause (i)
on a biennial basis and shall make such
modifications to the procedures as may be
necessary. Immediately upon the comple-
tion of each such review, the State shall re-
submit the procedures, as modified, to the
Secretary for approval.
‘‘(v) APPROVAL.—The Secretary shall
approve the procedures submitted by a
State under clause (iii) or (iv) if the Sec-
retary determines that the procedures were
established in accordance with the require-
ments of this section. If the Secretary dis-
approves the procedures, the Secretary
shall require the State to resubmit the pro-
cedures after complying with such require-
ments.
‘‘(vi) ARBITRATION
OF
DISPUTES.—
Upon the request of local officials in areas
of less than 50,000 population, the Sec-
retary (or the Secretary’s designee) shall
serve as an arbitrator to resolve any dis-
putes that may arise in establishing proce-
dures under clause (i) or in modifying the
procedures under clause (iv).’’.
SEC. 3. USE OF FUNDS SET ASIDE FOR AREAS OF LESS
THAN 50,000 POPULATION.
Section 133(d)(3)(B) of title 23, United States Code,
is amended by inserting after ‘‘shall obligate’’ the follow-
ing: ‘‘for eligible projects not on the National Highway
System’’.
SEC. 4. OFF-SYSTEM BRIDGES.
Section 144(g)(3) of title 23, United States Code, is
amended by striking ‘‘Not less than’’ and all that follows
through ‘‘1997,’’ and inserting the following: ‘‘Not less
than 30 percent of the amount apportioned to each State
for fiscal year 1998 and each fiscal year thereafter’’.
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