[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3227 Introduced in House (IH)]


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.

    Be it enacted by the Senate and House of Representatives 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 organization 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 period at the 
        end ``and any plan 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''.

SEC. 3. LONG-RANGE PLAN.

    Section 135(e) of title 23, United States Code, is amended by 
inserting after the second sentence the following: ``With respect to 
areas of the State for which no metropolitan planning organization is 
designated under section 134, the plan shall be developed in 
cooperation with local elected officials having jurisdiction over 
transportation 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 second 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 
developed in cooperation with local elected officials having 
jurisdiction over transportation for such areas.''.
    (b) Included Projects.--Section 135(f)(2) of such title is amended 
by inserting after ``program,'' the following: ``which are consistent 
with any transportation improvement 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 
        officials 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 subsection:
    ``(i) Arbitration Process.--If a State and a metropolitan 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 transportation 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 subsection:
    ``(j) Investigatory Power.--If there is alleged a violation of 
section 134 or this section by a State, a metropolitan 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 
designated 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, metropolitan planning organizations, and local 
                elected officials 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 metropolitan 
                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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