§128 — Title 23 Highways | U.S. Code

Summary

State transportation departments must certify to the Secretary when they send plans for a Federal-aid highway that bypasses or goes through any city, town, or village. They must say they held public hearings or gave people a chance to attend. They must show they looked at economic, social, environmental effects and whether the route fits the community’s planning goals. For Interstate projects, hearings must be at a convenient place or let nearby rural residents object. The certification must include a report that explains the effects considered and any alternatives. If hearings were held, the State must also send the hearing transcript to the Secretary with the certification and report.

Title 23, §128

Highways — Source: USLM XML via OLRC

(a)Any State transportation department which submits plans for a Federal-aid highway project involving the by passing of or, going through any city, town, or village, either incorporated or unincorporated, shall certify to the Secretary that it has had public hearings, or has afforded the opportunity for such hearings, and has considered the economic and social effects of such a location, its impact on the environment, and its consistency with the goals and objectives of such urban planning as has been promulgated by the community. Any State transportation department which submits plans for an Interstate System project shall certify to the Secretary that it has had public hearings at a convenient location, or has afforded the opportunity for such hearings for the purpose of enabling persons in rural areas through or contiguous to whose property the highway will pass to express any objections they may have to the proposed locations of such highway. Such certification shall be accompanied by a report which indicates the consideration given to the economic, social, environmental and other effects of the plan or highway location or design and various alternatives which were raised during the hearing or which were otherwise considered.

(b)When hearings have been held under subsection (a), the State transportation department shall submit a copy of the transcript of said hearings to the Secretary, together with the certification and report.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Pub. L. 105–178 substituted “State transportation department” for “State highway department” wherever appearing. 1970—Subsec. (a). Pub. L. 91–605, § 135(a), provided for submission of a report by the State highway department involved indicating consideration given to economic, social, environmental, and other effects of the plan or highway location or design plus the various alternatives which were considered. Subsec. (b). Pub. L. 91–605, § 135(b), inserted reference to report to be submitted by the State highway department together with the certification of public hearings. 1968—Subsec. (a). Pub. L. 90–495 inserted social effect of projects, the impact on environment, and their consistency with the goals and objectives of such urban planning as has been promulgated by the community to the list of factors to be considered by State highway departments in looking over projects involving the bypassing or passing through of municipalities.

Statutory Notes and Related Subsidiaries

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–495 effective Aug. 23, 1968, see section 37 of Pub. L. 90–495, set out as a note under section 101 of this title.

§128 Public Hearings