Page:United States Statutes at Large Volume 119.djvu/1240

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[119 STAT. 1222]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 1222]

119 STAT. 1222

‘‘(E) considers the results of State, regional, or local transportation and highway safety planning processes; ‘‘(F) describes a program of projects or strategies to reduce or eliminate safety hazards; ‘‘(G) is approved by the Governor of the State or a responsible State agency; and ‘‘(H) is consistent with the requirements of section 135(g). ‘‘(b) PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall carry out a highway safety improvement program. ‘‘(2) PURPOSE.—The purpose of the highway safety improvement program shall be to achieve a significant reduction in traffic fatalities and serious injuries on public roads. ‘‘(c) ELIGIBILITY.— ‘‘(1) IN GENERAL.—To obligate funds apportioned under section 104(b)(5) to carry out this section, a State shall have in effect a State highway safety improvement program under which the State— ‘‘(A) develops and implements a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in paragraph (2); ‘‘(B) produces a program of projects or strategies to reduce identified safety problems; ‘‘(C) evaluates the plan on a regular basis to ensure the accuracy of the data and priority of proposed improvements; and ‘‘(D) submits to the Secretary an annual report that— ‘‘(i) describes, in a clearly understandable fashion, not less than 5 percent of locations determined by the State, using criteria established in accordance with paragraph (2)(B)(ii), as exhibiting the most severe safety needs; and ‘‘(ii) contains an assessment of— ‘‘(I) potential remedies to hazardous locations identified; ‘‘(II) estimated costs associated with those remedies; and ‘‘(III) impediments to implementation other than cost associated with those remedies. ‘‘(2) IDENTIFICATION AND ANALYSIS OF HIGHWAY SAFETY PROBLEMS AND OPPORTUNITIES.—As part of the State strategic highway safety plan, a State shall— ‘‘(A) have in place a crash data system with the ability to perform safety problem identification and countermeasure analysis; ‘‘(B) based on the analysis required by subparagraph (A)— ‘‘(i) identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway users; and ‘‘(ii) using such criteria as the State determines to be appropriate, establish the relative severity of

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