§ 128. — Public hearings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 23USC128]
TITLE 23--HIGHWAYS
CHAPTER 1--FEDERAL-AID HIGHWAYS
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 128. Public hearings
(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.
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 902; Pub. L. 90-495, Sec. 24,
Aug. 23, 1968, 82 Stat. 828; Pub. L. 91-605, title I, Sec. 135, Dec. 31,
1970, 84 Stat. 1734; Pub. L. 105-178, title I, Sec. 1212(a)(2)(A)(i),
June 9, 1998, 112 Stat. 193.)
Amendments
1998--Pub. L. 105-178 substituted ``State transportation
department'' for ``State highway department'' wherever appearing.
1970--Subsec. (a). Pub. L. 91-605, Sec. 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, Sec. 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.
Effective Date of 1968 Amendment
Amendment 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.
