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`(6) A description of the performance standards with measurable outcomes that <br />will be developed. <br />`(7) A statement that accommodation shall be made for all users in all <br />construction and improvement projects unless one or more of the following apply: <br />`(A) The project involved a roadway on which non-motorized users are <br />prohibited by law from using. In such case, a greater effort shall be made <br />to accommodate bicyclists and pedestrians elsewhere. <br />`(B) The cost of establishing complete facilities would be excessively <br />disproportionate to the need or probable use. <br />`(C) With respect to a project area with a low population, other <br />documented factors indicate an absence of need now and in the future. <br />`(D) A Metropolitan Planning Organization or State department of <br />transportation that is adopting complete streets policies may consult <br />existing Federal guidance, including the 2000 USDOT Guidance <br />document, `Accommodating Bicycle and Pedestrian Travel'. <br />`(E) The policy statement may be achieved through a State or local law <br />or ordinance, or through an agency policy directive. <br />`(i) Certifications- The Metropolitan Planning Organization and State department of <br />transportation shall certify that each road project included in such plan has been <br />reviewed for its compliance with any applicable policy statement under this section and <br />that each project under such plan enhances the safety, convenience, and accessibility of <br />the transportation system for all users to the extent that it is reasonably possible and that <br />the project applicant addressed these concerns in the material prepared for public input <br />with respect to such plan. A Metropolitan Planning Organization's implementation of its <br />complete streets policy shall be a factor included in the review for the Metropolitan <br />Planning Organization certification as provided for in section 134(5). <br />`(j) Accessibility Standards- Not later than 12 months after the date of enactment of this <br />subsection, the United States Access Board shall issue final standards for accessibility of <br />new construction and alterations of pedestrian facilities in the public right-of-way. Until <br />such time as the Access Board completes a final Public Right of Way Accessibility rule, <br />Department of Transportation Standards for Accessible Transportation Facilities (49 <br />C.F.R. 37.9, as amended on 10/30/2006 (71 FR 63263)) shall serve as the minimum <br />standard. If the Department Of Transportation standards are silent or inapplicable with <br />respect to any issue, the 2005 draft Public Right Of Way Accessibility Guidelines <br />provisions shall be consulted. <br />`(k) Inclusion of All Users- Metropolitan planning organizations and State departments of <br />transportation shall strongly encourage local jurisdictions that are served by such <br />organizations to maximize their efforts to include all users in their transportation planning. <br />`(l) Additional Provisions- <br />`(1) RESEARCH- <br />`(A) IN GENERAL- The Secretary of Transportation shall require the <br />Federal Highway Administration to conduct complete streets research to <br />assist States and Metropolitan Planning Organizations in developing, <br />adopting, and implementing plans, projects, procedures, policies, and <br />training that comply with the applicable statement of policy under <br />subsection (g)(1)(A). <br />`(B) PARTICIPATION- Research under subparagraph (A) shall be <br />conducted with the participation of the American Association of State <br />Highway Transportation Officials, the Institute of Transportation <br />Engineers, the American Public Transit Association, the American <br />Planning Association, the National Association of Regional Councils, the <br />Association of Metropolitan Planning Organizations, and representatives <br />of the disability, motoring, bicycling, walking, transit user, aging, and <br />other affected communities. <br />`(C) EXISTING NEEDS- Research under subparagraph (A) shall be <br />based on the existing statement of complete streets research needs as <br />- 16 - <br />Crest Drive CSS Design Recommendation Public Testimony 2/14/08 through 4/8/08 <br />