BC 1982 04 05 - Laserfiche WebLink

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79 to make more efficient use of existing transportation facilities. The process shall consider all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate based on'the complexity of the transportation problems. After July 1, 1965, the Secretary shall not approve under section 105 of this title any program for projects in any urban area of more than fifty thousand population unless he finds that such projects are based on a continuing comprehensive transportation planning process carried on cooperatively by States and local communities in conformance with the objectives stated in this section. No highway project may be constructed in any urban area of fifty thousand population or more unless the responsible public officials of such urban area in which the project is located have been consulted and their views considered with respect to the corridor, the location, and the design of the project."; and WHEREAS, Section 112 of the Federal-Aid Highway Act of 1973, amended Subsection (f) of Section 104 of Title 23, United States Code, and states; "(1) On October 1, of each fiscal year, the Secretary, after making the deduction authorized by subsection (a) of this section shall set aside not to exceed one-half per centum of the remaining funds authorized to be appropriated for expenditure upon the Federal-aid systems, for the purpose of carrying out the requirements of section 134 of this title, except that in the case of funds authorized for apportionment on the Interstate System, the Secretary shall set aside that portion of such funds (subject to the overall limitation of one-half of 1 per centum) on October 1 of the year next preceding the fiscal year for which such funds are authorized for such system. (2) These funds shall be apportioned to the States in the ratio which the population in urbanized areas, or parts thereof, in each State bears to the total population in such urbanized areas in all the States as shown by the latest available census, except that no State shall receive less than one-half per centum of the amount apportioned. (3) The funds apportioned to any State under paragraph (2) of this subsection shall be made available by the State to the metropolitan planning organizations designated by the State as being responsible for carrying out the provisions of section 134 of this title, except that States receiving the minimum apportionment under paragraph (2) may, in addition, subject to the approval of the Secretary, use the funds apportioned to finance transportation planning outside of urbanized areas. These funds shall be match in accordance with section 120 of this title unless the Secretary determines that the interests of the Federal-Aid highway program would be best served.without such matching. (4) The distribution within any State of the planning funds made available to agencies under paragraph (3) of this subsection shall be in accordance with a formula developed by each State and approved by the Secretary which shall consider but not necessarily be limited to population, status of planning, and metropolitan area transportation needs."; and WHEREAS, the Agency has been designated by the Governor of the State of North Carolina as the Lead Planning Agency for the Concord-Kannapolis Metropolitan Planning Organization to be responsible for carrying out the provisions of Section 134, Title 23, United States Code, and to be the recipient of its share of the planning funds apportioned to the State by Section 112 of the Federal-Aid Highway Act of 1973, hereinafter referred to as the Section 112 planning funds, as determined by the policy adopted by the Board of Transportation for the Department of Transportation in its meeting of January 10, 1974, which is attached hereto as Attachment A and incorporated herein and made a part of this Agreement; NOW, THEREFORE, in consideration of the promises and benefits accruing to the Department and the Agency as the result of performing these planning services, it is agreed as follows: