[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR973.214]

[Page 441-442]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 973_MANAGEMENT SYSTEMS PERTAINING TO THE BUREAU OF INDIAN 
AFFAIRS AND THE INDIAN RESERVATION ROADS PROGRAM--Table of Contents
 
          Subpart B_Bureau of Indian Affairs Management Systems
 
Sec. 973.214  Indian lands congestion management system (CMS).

    (a) For purposes of this section, congestion means the level at 
which transportation system performance is no

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longer acceptable due to traffic interference. The BIA and the FHWA, in 
consultation with the tribes, shall develop criteria to determine when a 
CMS is to be implemented for a specific federally or tribally owned IRR 
transportation system that is experiencing congestion. Either the tribe 
or the BIA, in consultation with the tribe, shall consider the results 
of the CMS in the development of the IRR transportation plan and the 
IRRTIP, when selecting strategies for implementation that provide the 
most efficient and effective use of existing and future transportation 
facilities to alleviate congestion and enhance mobility.
    (b) In addition to the requirements provided in Sec. 973.204, the 
CMS must meet the following requirements:
    (1) For those BIA or tribal transportation systems that require a 
CMS, consideration shall be given to strategies that reduce private 
automobile travel and improve existing transportation system efficiency. 
Approaches may include the use of alternate mode studies and 
implementation plans as components of the CMS.
    (2) A CMS will:
    (i) Identify and document measures for congestion (e.g., level of 
service);
    (ii) Identify the causes of congestion;
    (iii) Include processes for evaluating the cost and effectiveness of 
alternative strategies;
    (iv) Identify the anticipated benefits of appropriate alternative 
traditional and nontraditional congestion management strategies;
    (v) Determine methods to monitor and evaluate the performance of the 
multi-modal transportation system; and
    (vi) Appropriately consider the following example categories of 
strategies, or combinations of strategies for each area:
    (A) Transportation demand management measures;
    (B) Traffic operational improvements;
    (C) Public transportation improvements;
    (D) ITS technologies; and
    (E) Additional system capacity.

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